Current through Register Vol. 47, No. 6, September 18, 2024
This rule describes the information and documentation a city is
required to include in its petition.
(1)
Landowner application
requirements. The board will verify that each landowner's application
for annexation includes the items required by Iowa Code section
368.7(1)
"c" and is dated and signed by all owners of record or their
authorized representatives. If voluntary annexation is requested for a parcel
of land being sold on contract, the contract seller and the contract buyer
should both approve the application. If voluntary annexation is requested for
property owned by a business organization or entity other than a natural person
or persons, the applicant should provide documentation establishing
authorization to act on behalf of the owner entity.
(2)
City requirements. In
addition to any applicable landowner applications submitted in compliance with
subrule 7.2(1), a city's petition must include all of the following:
a. A general statement of the proposed
annexation, briefly describing the current and expected use of the annexation
territory, any services that the city currently provides to the territory, and
the reasons for a landowner's request for annexation, if known.
b. A statement indicating whether the city is
a party to an existing moratorium agreement entered pursuant to Iowa Code
section 368.4 and, if so, whether the
proposed annexation is consistent with the terms of that agreement.
c. A complete legal description of the
territory proposed to be annexed, including the right-of-way to the center line
of all secondary roads adjoining the territory. If the applicable county and
city have entered an agreement pursuant to Iowa Code chapter 28E that allows
exclusion of the right-of-way, a copy of the agreement shall be included with
the petition.
d. Documentation that
the county auditor has verified the accuracy and completeness of the legal
description of all territory proposed to be annexed and verified current
ownership of the parcel(s) included in the proposed territory. If the auditor
fails to respond to the city's request for verification within 14 days, the
city may provide a copy of the request and a statement indicating that no
response was received.
e. A map
clearly showing the entire boundary of the existing city, all territory
proposed to be annexed, adjacent roadways, and the relationship of the
territory to the petitioning city and, if the annexation territory is within
the urbanized area of another city, the relationship of the territory to the
neighboring city. More than one map may be submitted if necessary to provide
all information required by this paragraph.
f. A statement indicating whether state-owned
property or county-owned road right-of-way has been included in the proposed
annexation and, if so, certification that the city has complied with the notice
requirements of Iowa Code section
368.5. If the territory proposed
for annexation includes right-of-way for a state highway, documentation of
consultation with the Iowa department of transportation should also be
included.
g. Certification that the
city has complied with all applicable notice and hearing requirements of Iowa
Code section 368.7, including proof of
mailing of the application and affidavit of publication of the required public
notice. If railway right-of-way or public land is included without the written
consent of the owner or agency with jurisdiction over the public land, the city
shall certify notice was given to the owner or agency as required by Iowa Code
section 368.7(1)
"c." For purposes of calculating the required period of
notice, business days include Monday through Friday of each week, except legal
holidays as set forth in Iowa Code section
4.1(34).
h. A city council resolution approving the
landowner's application, including, if applicable, the terms of the transition
of city taxes as provided by Iowa Code sections
368.7(5) and
368.11(3)
"m."
(3)
Additional information for
petitions, including nonconsenting landowners. In addition to the
information to be included pursuant to subrule 7.2(2), a petition that includes
property without the consent of the owner(s) must provide the additional
information indicated in this subrule.
a.
Names and addresses of all owners of land included without the owners' consent
and a legal description of all land owned by each nonconsenting
owner.
b. Documentation submitted
pursuant to paragraph 7.2(2)"d" relating to county auditor
verification, including verification of the legal description of land owned by
each nonconsenting owner.
c. The
acreage of each parcel or parcels owned by each voluntary applicant and
nonconsenting landowner, the acreage of any railroad right-of-way included
pursuant to Iowa Code section
368.7(1), and
the acreage of any state- or county-owned property included pursuant to Iowa
Code section 368.5.
d. A calculation showing the percentage of
the territory for which voluntary annexation applications have been received by
the city and the percentage of territory included without the consent of the
owner(s), prepared in a manner consistent with Iowa Code section
368.7(1)
"a." Only contiguous land area may be considered for purposes
of calculating the amount of the land area which may be included without the
owner's consent.
e. A map
indicating the relationship of the parcels included without the consent of the
owner(s) to the rest of the territory and to the city.
f. The city council's resolution approving
the annexation submitted pursuant to paragraph 7.2(2)"h" that
must set forth the reason(s) that land is included without the consent of the
owner(s).
