HF 2107 (LSB 5615YH (4) 83)

HOUSE FILE 2107

BY  KELLEY

A BILL FOR

An Act providing for the severance and annexation of real property upon petition of the real property owners and approval of the city development board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  368.25A  Boundary adjustment between cities by petition and consent.
   1.  A real property owner within the boundaries of a city may file a petition for severance with the city council if the petitioner’s real property, if severed, would be eligible for annexation by a different city and if such annexation would not create an island. Contiguous property owners may file a combined petition under this section.
   2.  The petition shall be filed with the city council of the city from which severance is sought and the city council of the city to which annexation is requested. The petition shall be in substantially the form required of an application under section 368.7.
   3.  If the city councils of both cities approve the petition, the petition shall be filed with the board. Approval by either city council may be conditioned upon an agreement entered into by the cities providing for the transition of property taxes or the sharing of property tax revenues from the real property described in the petition for a period not to exceed forty years and providing for all necessary zoning ordinance changes within a period not to exceed ten years. An agreement between cities under this subsection shall be filed with the board at the same time the approved petition is filed. An agreement may include additional transition provisions relating to the transfer or sharing of property tax revenues for property outside the boundaries of the territory described in the petition and any other provisions deemed by the cities to be in the public interest if such actions are within the authority of the cities.
   4.  Following receipt of a petition, the board shall initiate proceedings to sever the territory from the city in which it is located and annex the territory to the annexing city. The board shall notify both cities of the severance and annexation proceedings and shall hold a public hearing on the severance, annexation, and any agreement between the cities pursuant to subsection 3. The board shall give notice of the hearing in the same manner as notice of a public meeting in section 368.11, subsection 5.
   5.  The board may only approve the petition if the board also approves any agreements between the cities pursuant to subsection 2, and filed with the board. The board may only approve or deny the severance and annexation of the territory described in the petition, and the order of the board approving the petition is not subject to approval at an election. 
EXPLANATION
   This bill allows a real property owner within the boundaries of a city to file a petition for severance with the city council if the petitioner’s real property would be eligible for annexation by a different city if severed and if such annexation would not create an island. The bill allows contiguous property owners to file a combined petition under this section.
   The bill requires the petition to be filed with both the city from which severance is sought and the city to which annexation is requested. If both cities approve the petition, the petition is filed with the city development board. Approval by either city council may be conditioned upon an agreement between the cities providing for, among other specified provisions, the transition or sharing of property tax revenues from the real property described in the petition for a period not to exceed forty years.
   Upon receiving a petition approved by both city councils, the city development board must initiate proceedings to sever and annex the owner’s real property as requested in the petition. The city development board is required to provide notice to both cities of the proceedings and to hold a public hearing. 
   The bill only allows the city development board to approve the severance and annexation requested in the petition if the board also approves the agreement between the cities, if applicable. The bill also provides that the city development board may only approve or deny the severance and annexation of the territory described in the petition and that the order is not subject to approval at an election.