Iowa Admin. Code r. 263-7.12 - Board proceedings on boundary adjustments between cities by petition and consent
(1)
General rule. A request for board approval to sever real
property from one city and to annex the same real property to another city
shall be initiated pursuant to 2010 Iowa Acts, House File 2376. Contiguous
property may be combined within the same request.
(2)
Contents of petition.
The petition under this rule shall be in substantially the same form as an
application under Iowa Code section
368.7
and rule
263-7.2
(368). Additionally, if the city council of either city conditioned approval of
the petition upon an agreement entered into by the cities providing for the
transition of property taxes or the sharing of property tax revenues from the
property described in the petition, the agreement shall be filed with the board
at the same time the approved petition is filed.
(3)
Initial board review.
The board shall review each petition to sever real property from one city and
to annex the same real property to another city in order to determine
compliance with the requirements of Iowa Code section
368.7
and these rules. The board shall notify both cities and the real property
owner(s) of the board's initial review of the severance and annexation
petition. If the petition does not meet the requirements of Iowa Code section
368.7,
the board may request additional information before making a final decision or
may dismiss the petition. If the application is found to be in proper form, the
board shall hold a public hearing on the severance, annexation, and any
agreement between the cities.
(4)
Public hearing. The board shall give notice of the public
hearing in the same manner as notice of a public meeting under Iowa Code
section
368.11,
subsection 5. The board shall conduct a public hearing pursuant to the
procedure set forth in paragraph 7.8(3)"b " for hearings on
voluntary applications.
(5)
Decision criteria. The board shall consider whether the
request serves the public interest and may consider the criteria for approval
of involuntary city development actions as set forth in Iowa Code sections
368.16 and
368.17. The
board may approve or deny only the severance and annexation of the real
property described in the petition. The board may approve the petition only if
the board also approves any agreement entered into by the cities pursuant to
2010 Iowa Acts, House File 2376. The board shall not approve the petition if
the severance and annexation creates an island.
(6)
Denial If a petition is
denied, the board shall issue an explanation for the denial. A copy of the
explanation shall be provided to the clerk of each city involved in the
severance and annexation and to any other party of record in the board's
proceeding.
(7)
Approval If a petition is approved, the board's order
approving the severance and annexation is not subject to approval at an
election. The board shall file and provide a copy of the order to the clerk of
each city involved in the severance and annexation, the recorder of each county
that contains a portion of any city or territory affected by the severance and
annexation, and any other party of record in the board's proceeding. Upon
expiration of the time for appeal, the board shall file with the Iowa secretary
of state and record with the recorder of each county that contains a portion of
any city or territory involved copies of the proceedings, including the
petition, any agreement between the cities, the board's order approving the
petition, proof of service and publication of required notices, and any other
material deemed by the board to be of primary importance to the proceeding. The
board shall file a map and legal description with the Iowa department of
transportation.
Notes
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