Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.10 - Board Proceedings When One or More Conflicting Petitions Are Received Within 30 Days

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability
. Petitions will be considered pursuant to this
			 rule if any other petitions containing common territory are submitted to the
			 board pursuant to Iowa Code chapter 368 within 30 days. If all conflicting
			 petitions are validly dismissed or denied by the board, the board will proceed
			 on a remaining petition as if no conflicting petition had been filed.
(2)
Hearing and information
			 considered
. If conflicting petition(s) are complete and in proper
			 form, the board shall consider any petitions, including voluntary
			 application(s) submitted by a landowner pursuant to Iowa Code section
			 368.7(4), and
			 shall conduct a public hearing pursuant to the procedure set forth in subrule
			 7.9(2).
(3)
Criteria
. Within 90 days of receipt of the petition, the board
			 or a committee appointed by the board shall meet to assess the petition,
			 including voluntary application(s) submitted by a landowner and any evidence
			 received at the public hearing. If the petition meets the applicable
			 requirements of Iowa Code chapter 368, the board or committee shall approve the
			 petition unless the board makes an applicable finding as described in Iowa Code
			 section 368.7(4)
"a."
(4)
Conversion to an involuntary petition
. If the petition is not
			 approved, the board shall issue an order setting forth its reason(s) for
			 failing to approve the petition and requiring conversion of the petition into
			 an involuntary petition. Within 30 days of the board's order issued pursuant to
			 this subrule, the city shall withdraw its petition or convert its petition into
			 an involuntary petition containing all information required by Iowa Code
			 section 368.11 and any rules adopted by
			 the board applicable to involuntary petitions.
(5)
Local committee
.
			 Following conversion to an involuntary petition, the board shall order
			 appointment of a special local committee to consider all pending petitions for
			 annexation of common territory, pursuant to Iowa Code section
			 368.14A and rule
			 263-8.10 (368). The special
			 local committee shall conduct a public hearing to receive evidence and comment
			 on all petitions pending before it. The committee will determine the order of
			 presentation prior to commencement of the hearing. The committee will conduct
			 the hearing pursuant to 263-Chapter 9.
(6)
Committee action
. The
			 committee shall, within a reasonable time following conclusion of the public
			 hearing, meet to determine appropriate means to resolve the common territory
			 issues among the petitions before it.
a. The
			 committee shall resolve common territory issues by amending or denying one or
			 more of the pending petitions.
b.
			 Upon resolution of the common territory issues, the committee shall proceed
			 with consideration of each remaining petition in accordance with Iowa Code
			 sections 368.16 and
			 368.17 and any applicable rules
			 adopted by the board.
c. A petition
			 converted to an involuntary petition pursuant to subrule 7.10(4) that contains
			 some land without the consent of the owner shall not be approved unless at
			 least four of the board members and at least one-half of the local
			 representatives vote in favor of approval.
d. The committee shall issue a separate
			 decision setting forth its findings and conclusions relating to each of the
			 petitions. The committee shall file its decision with the board and promptly
			 notify the parties of the decision, as required by Iowa Code section
			 368.19.