Senate
File
25
-
Introduced
SENATE
FILE
25
BY
BOLKCOM
A
BILL
FOR
An
Act
relating
to
city
development
and
approval
of
voluntary
1
annexation
or
voluntary
severance
of
territory.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
368.7,
subsection
1,
Code
2013,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
g.
An
annexation
for
which
a
board
of
3
supervisors
has
stated
its
opposition
by
resolution
under
4
paragraph
“b”
,
subparagraph
(2),
is
not
complete
without
5
approval
by
four-fifths
of
the
members
of
the
city
development
6
board
after
a
hearing
for
all
affected
property
owners
and
the
7
county.
8
Sec.
2.
Section
368.7,
subsections
2,
3,
and
4,
Code
2013,
9
are
amended
to
read
as
follows:
10
2.
An
application
for
annexation
of
territory
not
within
11
an
urbanized
area
of
a
city
other
than
the
city
to
which
the
12
annexation
is
directed
must
be
approved
by
resolution
of
the
13
council
which
receives
the
application.
The
city
council
shall
14
mail
a
copy
of
the
application
by
certified
mail
to
the
board
15
of
supervisors
of
each
county
which
contains
a
portion
of
the
16
territory
at
least
fourteen
business
days
prior
to
any
action
17
taken
by
the
city
council
on
the
application.
The
council
18
shall
also
publish
notice
of
the
application
in
an
official
19
county
newspaper
in
each
county
which
contains
a
portion
of
20
the
territory
at
least
fourteen
days
prior
to
any
action
taken
21
by
the
council
on
the
application.
Upon
receiving
approval
of
22
the
council
and
approval
of
the
city
development
board
under
23
subsection
1,
paragraph
“g”
,
if
applicable
,
the
city
clerk
shall
24
file
a
copy
of
the
resolution,
map,
and
legal
description
of
25
the
territory
involved
with
the
secretary
of
state,
the
county
26
board
of
supervisors
of
each
county
which
contains
a
portion
27
of
the
territory,
each
affected
public
utility,
and
the
state
28
department
of
transportation.
The
city
clerk
shall
also
record
29
a
copy
of
the
legal
description,
map,
and
resolution
with
the
30
county
recorder
of
each
county
which
contains
a
portion
of
31
the
territory.
The
secretary
of
state
shall
not
accept
and
32
acknowledge
a
copy
of
a
legal
description,
map,
and
resolution
33
of
annexation
which
would
create
an
island.
The
annexation
is
34
completed
upon
acknowledgment
by
the
secretary
of
state
that
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the
secretary
of
state
has
received
the
legal
description,
map,
1
and
resolution.
2
3.
An
application
for
annexation
of
territory
within
an
3
urbanized
area
of
a
city
other
than
the
city
to
which
the
4
annexation
is
directed
must
be
approved
both
by
resolution
of
5
the
council
which
receives
the
application
and
by
the
city
6
development
board
,
including
approval
under
subsection
1,
7
paragraph
“g”
,
if
applicable
.
The
board
shall
not
approve
an
8
application
which
creates
an
island.
Notice
of
the
application
9
shall
be
mailed
by
certified
mail,
by
the
city
to
which
the
10
annexation
is
directed,
at
least
fourteen
business
days
prior
11
to
any
action
by
the
city
council
on
the
application
to
the
12
council
of
each
city
whose
boundary
adjoins
the
territory
or
is
13
within
two
miles
of
the
territory,
to
the
board
of
supervisors
14
of
each
county
which
contains
a
portion
of
the
territory,
each
15
affected
public
utility,
and
to
the
regional
planning
authority
16
of
the
territory.
Notice
of
the
application
shall
be
published
17
in
an
official
county
newspaper
in
each
county
which
contains
18
a
portion
of
the
territory
at
least
ten
business
days
prior
19
to
any
action
by
the
city
council
on
the
application.
The
An
20
annexation
approved
by
the
council
and
the
board
as
provided
21
in
this
subsection
is
completed
when
the
board
has
filed
and
22
recorded
copies
of
applicable
portions
of
the
proceedings
as
23
required
by
section
368.20,
subsection
1
,
paragraph
“b”
.
24
4.
a.
If
one
or
more
applications
for
a
voluntary
25
annexation
and
one
or
more
petitions
for
an
involuntary
26
annexation
or
incorporation
for
a
common
territory
are
27
submitted
to
the
board
within
thirty
days
of
the
date
the
first
28
application
or
petition
was
submitted
to
the
board,
the
board
29
shall
approve
the
application
for
voluntary
annexation,
if
the
30
application
meets
the
applicable
requirements
of
this
chapter
,
31
unless
the
board
determines
by
a
preponderance
of
the
evidence
32
that
the
application
was
filed
in
bad
faith,
or
that
the
33
application
as
filed
is
contrary
to
the
best
interests
of
the
34
citizens
of
the
urbanized
area,
or
that
the
applicant
cannot
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within
a
reasonable
period
of
time
meet
its
obligation
to
1
provide
services
to
the
territory
to
be
annexed
sufficient
to
2
meet
the
needs
of
the
territory.
Subsection
1,
paragraph
“g”
,
3
applies
to
board
approval
of
voluntary
annexations
under
this
4
subsection.
In
consideration
of
the
requests,
the
board
may
5
appoint
a
committee
in
the
manner
provided
in
section
368.14
to
6
seek
additional
information
from
the
applicant
for
voluntary
7
annexation
as
necessary,
including
the
information
required
8
of
petitioners
pursuant
to
section
368.11
.
The
board,
or
the
9
committee,
if
applicable,
shall
hold
a
public
hearing
on
the
10
application
for
voluntary
annexation
in
the
manner
provided
for
11
involuntary
petitions
in
section
368.15
.
The
decision
of
the
12
board
under
this
subsection
shall
be
made
within
ninety
days
13
of
receipt
of
the
application
by
the
board.
The
failure
of
the
14
board
to
approve
an
application
under
this
paragraph
shall
be
15
deemed
final
agency
action
subject
to
judicial
review.
16
b.
If
an
application
for
voluntary
annexation
is
not
17
approved
pursuant
to
this
section
,
the
board
shall
cause
the
18
conversion
of
the
application
to
a
petition
pursuant
to
section
19
368.13
and
shall
proceed
under
section
368.14A
.
The
conversion
20
of
an
application
to
a
petition
shall
not
prejudice
the
status
21
of
the
applicant.
Judicial
review
of
a
board
decision
under
22
this
subsection
may
be
requested
by
an
aggrieved
party.
23
Sec.
3.
Section
368.8,
Code
2013,
is
amended
to
read
as
24
follows:
25
368.8
Voluntary
severing
of
territory.
26
Any
territory
may
be
severed
upon
the
unanimous
consent
of
27
all
owners
of
the
territory
,
and
approval
by
resolution
of
the
28
council
of
the
city
in
which
the
territory
is
located
,
and
29
either
approval
by
resolution
of
each
board
of
supervisors
30
in
which
the
territory
is
located
or
approval
by
the
city
31
development
board
.
When
considering
a
voluntary
severance
32
under
this
section,
the
city
development
board
shall
take
into
33
account
each
adopted
city
or
county
comprehensive
plan
that
34
is
or
will
be
applicable
to
the
territory,
any
applicable
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zoning
ordinance
for
the
territory,
the
stated
reasons
for
the
1
voluntary
severance,
and
all
other
factors
deemed
relevant
by
2
the
board.
The
council
shall
provide
in
the
resolution
for
the
3
equitable
distribution
of
assets
and
equitable
distribution
4
and
assumption
of
liabilities
of
the
territory
as
between
5
the
city
and
the
severed
territory.
The
If
the
severance
is
6
approved,
as
provided
in
this
section,
the
city
clerk
shall
7
file
a
copy
of
the
resolution,
map,
and
a
legal
description
of
8
the
territory
involved
with
the
county
board
of
supervisors,
9
secretary
of
state,
and
state
department
of
transportation.
10
The
city
clerk
shall
also
record
a
copy
of
the
map
and
11
resolution
with
the
county
recorder.
The
secretary
of
state
12
shall
not
accept
and
acknowledge
a
copy
of
a
map
and
resolution
13
of
severance
which
would
create
an
island.
The
severance
is
14
completed
upon
acknowledgment
by
the
secretary
of
state
that
15
the
secretary
of
state
has
received
the
map
and
resolution.
16
EXPLANATION
17
This
bill
relates
to
the
approval
of
a
voluntary
annexation
18
of
territory
and
the
approval
of
a
voluntary
severance
of
19
territory.
20
The
bill
requires
approval
by
four-fifths
of
the
city
21
development
board,
after
a
hearing
for
all
affected
property
22
owners
and
the
county,
of
a
voluntary
annexation
under
Code
23
section
368.7
for
which
a
board
of
supervisors
has
stated
its
24
opposition
by
resolution.
Current
Code
section
368.7(1)(b)(2)
25
requires
the
annexing
city
only
to
forward
a
copy
of
the
board
26
of
supervisors’
resolution
to
the
city
development
board.
27
Current
Code
section
368.8
provides
that
any
territory
may
28
be
severed
upon
the
unanimous
consent
of
all
owners
of
the
29
territory
and
approval
by
resolution
of
the
council
of
the
30
city
in
which
the
territory
is
located.
The
bill
adds
to
such
31
consent
and
approval
a
requirement
that
a
voluntary
severance
32
must
also
be
approved
by
a
resolution
of
each
board
of
33
supervisors
in
which
the
territory
is
located
or
be
approved
by
34
the
city
development
board.
The
bill
also
provides
that
when
35
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25
considering
a
voluntary
severance
under
this
section,
the
city
1
development
board
must
take
into
account
each
adopted
city
or
2
county
comprehensive
plan
that
is
or
will
be
applicable
to
the
3
territory,
any
applicable
zoning
ordinance
for
the
territory,
4
the
stated
reasons
for
the
voluntary
severance,
and
all
other
5
factors
deemed
relevant
by
the
board.
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