reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 417 - Certified Local Government Program › Rule 261-417.6 - Other Program Services

Current through Register Vol. 47, No. 3, July 24, 2024
The authority provides training for county and local
				  preservation commissions through state and regional conferences, technical
				  assistance, and review of the county or local commission's annual
				  report.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 1 - Organization and Administration › Rule 263-1.1 - Description

Current through Register Vol. 47, No. 3, July 24, 2024
The primary function of the city development board is to
				supervise city development actions, including annexations, consolidations,
				discontinuances, incorporations and severances for the state of Iowa, pursuant
				to the provisions of Iowa Code chapter 368. Detailed information about the
				board's policies and procedures can be found in Iowa Code chapter 368, in rules
				adopted by the board, and at
www.iowaeda.com/land-planning
.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 1 - Organization and Administration › Rule 263-1.2 - Office of the Board

Current through Register Vol. 47, No. 3, July 24, 2024
All official communications, including submissions and
				requests, may be addressed to City Development Board, Iowa Economic Development
				Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315, or to
cdb@iowaeda.com
.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 1 - Organization and Administration › Rule 263-1.3 - Membership and Quorum Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The board annually elects from its members a chairperson and
				vice-chairperson at the first regular meeting of the calendar year. Three
				members of the board constitute a quorum, and a quorum must be present in order
				for the board to take action. The affirmative vote of a majority of board
				members is necessary for action taken by the board.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 1 - Organization and Administration › Rule 263-1.4 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
The board conducts regular meetings at least every other month
				at 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315, or at such other
				location as the board may designate. The chairperson or the chairperson's
				designee prepares an agenda for each meeting, listing matters to be addressed.
				Meetings of the board are subject to the requirements of Iowa Code chapter
				21.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 2 - Agency Procedure for Rulemaking › Rule 263-2.2 - Contact Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Inquiries about board rules and the rulemaking
			 process may be directed to City Development Board, 1963 Bell Avenue, Suite 200,
			 Des Moines, Iowa 50315.
(2)
Comments on proposed rules.
Any public comment on a Notice of
			 Intended Action or similar document relating to rules may be directed to City
			 Development Board, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315, or as
			 directed in the Notice of Intended Action or similar document.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 3 - Petitions for Rulemaking › Rule 263-3.1 - Petition for Rulemaking

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of "(designate office)", insert "City Development
				Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des
				Moines, Iowa 50315".
In lieu of "(AGENCY NAME)" as the caption of the petition form,
				insert "BEFORE THE CITY DEVELOPMENT BOARD".
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 3 - Petitions for Rulemaking › Rule 263-3.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of "(designate official by full title and address)",
				insert "City Development Board, Iowa Economic Development Authority, 1963 Bell
				Avenue, Suite 200, Des Moines, Iowa 50315".
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 4 - Declaratory Orders › Rule 263-4.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of "(designate agency)", insert "city development
				board". In lieu of "(designate office)", insert "City Development Board, Iowa
				Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa
				50315".
In lieu of "(AGENCY NAME)" as the caption on the petition form,
				insert "BEFORE THE CITY DEVELOPMENT BOARD".
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 4 - Declaratory Orders › Rule 263-4.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of "(designate official by full title and address)",
				insert "City Development Board, Iowa Economic Development Authority, 1963 Bell
				Avenue, Suite 200, Des Moines, Iowa 50315".
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 5 - Fair Information Practices › Rule 263-5.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In lieu of "(insert agency head)", insert
			 "city development board". In lieu of "(insert agency name and address)", insert
			 "City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue,
			 Suite 200, Des Moines, Iowa 50315".
(2)
Office hours.
In lieu of
			 "(insert customary office hours and, if agency does not have customary office
			 hours of at least thirty hours per week, insert hours specified in Iowa Code
			 section 22.4)", insert "8 a.m. to 4:30
			 p.m., Monday through Friday, excluding legal holidays".
(7)
Fees.
c.
Supervisory fee.
In lieu
			 of "(specify time period)", insert "two hours".
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 5 - Fair Information Practices › Rule 263-5.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of "(designate office)", insert "City Development
				Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des
				Moines, Iowa 50315".
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 6 - Waiver Rules › Rule 263-6.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Board"
means the same as defined in Iowa Code
				section 368.1(3).
"Petitioner"
means a person who petitions an
				agency for the waiver of a rule.
"Waiver"
means the same as defined in Iowa
				Code section 17A.9A(5)  as
				applied to an action by the board.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 6 - Waiver Rules › Rule 263-6.2 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				uniform process for the granting of individual waivers from rules adopted by
				the board in situations where no other more specifically applicable law
				provides for waivers. To the extent another more specific provision of law
				governs the issuance of a waiver from a particular rule, the more specific
				provision shall supersede this chapter with respect to any waiver from that
				rule.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 6 - Waiver Rules › Rule 263-6.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				263-6.6(17A), the board may issue a waiver if the board makes the applicable
				findings in Iowa Code section
				17A.9A(2).
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 6 - Waiver Rules › Rule 263-6.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				board as follows:
(1)
Pending
			 matters.
If the petition relates to a pending petition or application
			 for city development action, the petition requesting a waiver shall be filed in
			 the pending proceeding, using the caption of that matter.
(2)
Other.
If the petition
			 does not relate to a pending matter, the petition may be submitted to the board
			 chairperson.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 6 - Waiver Rules › Rule 263-6.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the requester:
1. The name, address, and telephone number of
			 the entity or person for whom a waiver is requested and the case number of any
			 related city development proceeding.
2. A description and citation of the specific
			 rule from which a waiver is requested.
3. The specific waiver requested, including
			 the precise scope and duration.
4.
			 The relevant facts that the petitioner believes would justify a waiver under
			 each of the four criteria described in Iowa Code section
			 17A.9A(2). This
			 statement shall include a signed statement from the petitioner attesting to the
			 accuracy of the facts provided in the petition and a statement of reasons that
			 the petitioner believes will justify a waiver.
5. A history of any prior contacts between
			 the board and the petitioner relating to the activity affected by the proposed
			 waiver, including a description of each related city development action by the
			 requester within the past five years.
6. Any information known to the requester
			 regarding the board's treatment of similar cases.
7. The name, address, and telephone number of
			 any public agency or political subdivision that might be affected by the
			 granting of a waiver.
8. The name,
			 address, and telephone number of any entity or person who would be adversely
			 affected by the granting of a petition, including all parties to the proceeding
			 if the petition relates to a matter pending before the board.
9. The name, address, and telephone number of
			 any person with knowledge of the relevant facts relating to the proposed
			 waiver.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 6 - Waiver Rules › Rule 263-6.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				board may request additional information from the petitioner relative to the
				petition and surrounding circumstances. If the petition was not filed in a
				contested case, the board may, on its own motion or at the petitioner's
				request, schedule a meeting between the petitioner and the board's chair, or a
				committee of the board, or a quorum of the board.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 6 - Waiver Rules › Rule 263-6.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board will acknowledge a petition upon receipt. The board
				shall ensure that, within 30 days of the receipt of the petition, notice of the
				pendency of the petition and a concise summary of its contents have been
				provided to all persons to whom notice is required by any provision of law. In
				addition, the board may give notice to other persons. To accomplish this notice
				provision, the board may require the petitioner to serve the notice on all
				persons to whom notice is required by any provision of law or who may be
				impacted by the requested waiver and provide a written statement to the board
				attesting that notice has been provided.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 6 - Waiver Rules › Rule 263-6.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A.10 to
				17A.18A regarding contested case
				hearings apply to any petition for a waiver filed within a pending city
				development action pursuant to subrule 6.5(1). If a petition for waiver is
				filed with the board pursuant to subrule 6.5(2), the provisions of Iowa Code
				sections 17A.10 to
				17A.18A apply to board
				proceedings for a waiver only when the board so provides by rule or order or is
				required to do so by statute.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 6 - Waiver Rules › Rule 263-6.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				17A.9A(3) 
				describes certain procedural aspects for considering a petition for waiver and
				issuing a ruling thereon, including the burden of persuasion; the manner in
				which a petition for waiver must be evaluated; the limits of the waiver, if one
				is issued; and the circumstances under which the board may place a condition on
				the waiver. When the rule from which a waiver is sought establishes
				administrative deadlines, the board shall balance the special individual
				circumstances of the petitioner with the overall goal of uniform treatment of
				all similarly situated persons. The board shall have the sole discretion to
				decide whether to grant a waiver.
(1)
Form of ruling.
An order granting or denying a waiver shall be
			 in writing and shall contain a reference to the particular person and rule or
			 portion thereof to which the order pertains, a statement of the relevant facts
			 and reasons upon which the action is based, and a description of the precise
			 scope and duration of the waiver, if one is issued.
(2)
Time for ruling.
The
			 board shall grant or deny a petition for a waiver as soon as practicable but,
			 in any event, shall do so within 90 days of its receipt, unless the petitioner
			 agrees to a later date. However, if a petition is filed in a pending city
			 development action, the board shall grant or deny the petition no later than
			 the time at which the final decision in that matter is issued.
(3)
When deemed denied.
Failure of the board to grant or deny a petition within the required time
			 period shall be deemed a denial of that petition by the board. However, the
			 board shall remain responsible for issuing an order denying a waiver.
(4)
Service of order.
Within
			 seven days of its issuance, any order issued under this chapter shall be
			 transmitted to the petitioner or the person to whom the order pertains and to
			 any other person entitled to such notice by any provision of law.
(5)
Filing of waiver ruling.
Within 60 days of granting or denying a waiver, the board shall submit
			 information as required by Iowa Code section
			 17A.9A(4).
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 6 - Waiver Rules › Rule 263-6.11 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the board pursuant to this chapter may be
				withdrawn, canceled, or modified if, after appropriate notice and hearing, the
				board issues an order finding any of the following:
1. The petitioner or the person who was the
			 subject of the waiver order withheld or misrepresented material facts relevant
			 to the propriety or desirability of the waiver;
2. The alternative means for ensuring that
			 the public health, safety and welfare will be adequately protected after
			 issuance of the waiver order have been demonstrated to be insufficient;
			 or
3. The subject of the waiver
			 order has failed to comply with all conditions contained in the
			 order.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 6 - Waiver Rules › Rule 263-6.12 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated as
				a violation of the particular rule for which the waiver was granted. As a
				result, the recipient of a waiver under this chapter who violates a condition
				of the waiver may be subject to the same remedies or penalties as a person who
				violates the rule at issue.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 6 - Waiver Rules › Rule 263-6.13 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the board issues an order granting a waiver, the order is
				a defense within its terms and the specific facts indicated therein for the
				person to whom the order pertains in any proceeding in which the rule in
				question is sought to be invoked.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter addresses the requirements and processes for city
				development board approval of voluntary annexation within another city's
				urbanized area; voluntary annexation, including property without the owner's
				consent; and boundary adjustments between cities by petition and consent. Such
				requests for board approval shall be initiated pursuant to Iowa Code section
				368.7 or 368.25A and this chapter. A
				city's request for board approval of such actions will be referred to in this
				chapter as a petition.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.3 - Filing

Current through Register Vol. 47, No. 3, July 24, 2024
A city shall send two copies of its petition, including all
				supporting documentation, to the board. The petition will be deemed filed with
				the board on the date it is received by board staff. Board staff will
				acknowledge receipt of a petition.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.4 - Staff Review

Current through Register Vol. 47, No. 3, July 24, 2024
Within two weeks of receiving a petition filed pursuant to this
				chapter, board staff will review the petition to determine whether the city has
				included all required information. If the petition is incomplete, staff shall
				notify the petitioning city, identifying the required item(s) omitted and
				offering the city an opportunity to provide the omitted information prior to
				submission of the petition to the board.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.5 - Submission to the Board-notice

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A petition
			 filed pursuant to this chapter will be considered by the board at the first
			 board meeting conducted 31 or more days after the petition is filed. The board
			 shall provide notice of all meetings at which the board will consider a
			 petition to the petitioning city and the entities required by Iowa Code section
			 368.7(3)  to
			 receive notice of an application. Such notices will be provided by regular
			 mail.
(2) If rule
			 263-7.8 (368) applies, the board
			 may proceed as described in that rule at a board meeting less than 31 days
			 after the petition is filed, at the request of the petitioning city. However,
			 if the board considers a petition pursuant to this subrule, the filings to
			 complete an annexation approved by the board will only be made if no other
			 petition for any or all of the applicable territory is filed with the board
			 within 30 days of the filing of the petition.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.6 - Amendment of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) After a
			 petition has been filed with the board, it may not be amended to include
			 additional territory.
(2) A city
			 may, upon its own motion or at the request of the board, seek amendment to
			 delete one or more parcels included in the territory proposed for annexation.
a. A motion to amend a petition may be made
			 at any time prior to issuance of the board order approving or denying the
			 petition.
b. The board shall
			 provide notice of a proposed amendment to all owners of land included in the
			 petition, the entities required by Iowa Code section
			 368.7(3)  to
			 receive notice of an application, and all other parties of record in the board
			 proceeding. Such notices will be provided by regular mail.
c. A party to the proceeding may file a
			 resistance to the motion to amend within 14 days of the date of service of
			 notice provided pursuant to paragraph 7.6(2)
"b."
d. The board may grant a motion to amend a
			 petition if it determines that the amendment serves the public
			 interest.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.7 - Initial Board Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board
			 shall review all petitions filed pursuant to this chapter to determine
			 compliance with the requirements of Iowa Code chapter 368 and this chapter. If
			 a petition is incomplete or otherwise not in compliance with the requirements
			 of Iowa Code chapter 368 or this chapter, the board may request further
			 information from a landowner or city or may dismiss the petition.
(2) If the annexation requested in the
			 petition is barred pursuant to Iowa Code section
			 368.17, the board shall deny the
			 petition, stating in its order the reason(s) for the denial.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.8 - Board Proceedings on Unanimous Petitions When No Conflicting Petition Is Received Within 30 Days

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
Petitions will be considered pursuant to this
			 rule when all territory proposed for annexation is included upon application of
			 the owner, by notice to the owner of railway right-of-way pursuant to Iowa Code
			 section 368.7(1), or by
			 notice to the Iowa attorney general or a county attorney pursuant to Iowa Code
			 section 368.5.
(2)
Information considered.
Any interested person or party may submit written comment prior to or at the
			 time of board consideration of the petition. The board may:
a. Allow an opportunity for oral
			 comment;
b. Consider public
			 documents; or
c. Request additional
			 information from affected cities, counties or persons, including any of the
			 information required to be included in a petition for involuntary city
			 development action pursuant to Iowa Code section
			 368.11(3).
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.9 - Board Proceedings on Petitions Which Include Nonconsenting Landowners

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
Petitions will be considered pursuant to this
			 rule when not more than 20 percent of the land area of the territory proposed
			 for annexation is included without the consent of the owner, pursuant to Iowa
			 Code section 368.7(1)
"a."
(2)
Hearing and information considered.
a. If a petition to which this rule applies
			 is complete and in proper form, the board will conduct a public hearing on the
			 petition. The board shall provide notice of the hearing to all owners of land
			 included in the petition, the petitioning city, the entities required by Iowa
			 Code section 368.7(3)  to
			 receive notice of an application, and the state department of transportation.
			 Such notice shall be provided by regular mail sent at least ten days prior to
			 the hearing.
b. The board hearing
			 will be conducted informally. Representatives of the petitioning city shall be
			 given an opportunity to explain the proposed annexation, the city's reason for
			 including nonconsenting landowners, and any other information the city believes
			 will assist the board in acting on the petition. The county, all owners of
			 property within the territory proposed for annexation, the regional planning
			 authority, affected public utilities, and any other person affected by the
			 annexation will be provided an opportunity to submit information to the board
			 during the hearing or in writing prior to the hearing.
c. The board may request additional
			 information from the city, county or other persons, including any of the
			 information required to be included in a petition for involuntary city
			 development action pursuant to Iowa Code section
			 368.11(3).
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.11 - Board Proceedings When a Conflicting Involuntary Petition Was Filed More Than 30 Days Before a Voluntary Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
Petitions will be considered pursuant to this
			 rule if a petition that includes voluntary application(s) submitted by a
			 landowner is filed more than 30 days following filing of a conflicting
			 involuntary petition filed pursuant to Iowa Code section
			 368.11 and 263-Chapter
			 8.
(2)
Delay.
The
			 board will receive the petition including voluntary application(s) submitted by
			 a landowner and table action on it until processing of the petition for
			 involuntary annexation is complete.
(3)
Same city.
If the
			 petition including voluntary application(s) submitted by a landowner proposes
			 to annex territory to the same city filing the involuntary petition, the board
			 may proceed on the voluntary petition pursuant to rule
			 263-7.8 (368).
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.12 - Board Proceedings on Boundary Adjustments Between Cities by Petition and Consent

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Petition.
A petition to sever real property from one city and
			 to annex the same real property to another city shall be initiated pursuant to
			 Iowa Code section 368.25A. The petition pursuant
			 to this rule shall be in substantially the same form as a petition submitted
			 pursuant to Iowa Code section
			 368.7 and rule
			 263-7.2 (368).
(2)
Hearing and information
			 considered.
If the petition is complete and in proper form, the board
			 shall hold a public hearing on the severance, annexation, and any agreement
			 between the cities pursuant to the procedure set forth in subrule 7.9(2). The
			 board shall give notice of the public hearing in the same manner as notice
			 given pursuant to Iowa Code section
			 368.11(5). The
			 board may request additional information from the city, county or other
			 persons, including any of the information required to be included in a petition
			 for involuntary city development action pursuant to Iowa Code section
			 368.11(3).
(3)
Criteria.
The board
			 shall consider the same criteria as set forth in subrule 7.8(3).
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.13 - Board Decisions-costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Board
			 approval.
If the board approves a petition considered pursuant to this
			 chapter, the board shall issue a written decision and provide a copy of the
			 decision to the clerk of the annexing city; the entities required by Iowa Code
			 section 368.7(3)  to
			 receive notice of an application; the state department of transportation; and
			 any other parties of record in the board's proceeding, including, if
			 applicable, a city from which territory is severed pursuant to rule
			 263-7.12 (368). Upon expiration
			 of the time for appeal, the board shall file with the secretary of state and
			 record with the county recorder of each county containing a portion of the city
			 or territory involved copies of the board's proceedings, as required by Iowa
			 Code section 368.20(2). The
			 cost of recording the board order shall be paid by the city to which territory
			 is annexed.
(2)
Board
			 denial.
If the board denies a petition considered pursuant to this
			 chapter, the board shall issue an order setting forth the reasons for the
			 denial. A copy of the order shall be provided to the clerk of any impacted
			 city, the entities required by Iowa Code section
			 368.7(3)  to
			 receive notice of an application, the state department of transportation, and
			 any other party of record in the board's proceeding.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 8 - Petitions for Involuntary City Development Action › Rule 263-8.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter addresses the requirements and processes for city
				development board approval of petitions for involuntary city development
				action, including incorporation, discontinuance, annexation, severance, or
				consolidation. Such petitions shall be initiated pursuant to Iowa Code section
				368.11 or
				368.13 and this chapter. The
				body or bodies initiating the petition will be referred to in this chapter as
				the petitioner.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 8 - Petitions for Involuntary City Development Action › Rule 263-8.3 - Preliminary Notice and Public Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
A petitioner initiating an involuntary city development
				proceeding shall comply with the applicable notice, publication, and public
				meeting requirements contained in Iowa Code section
				368.11. 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). Proof of substantial compliance with these requirements, including
				copies of certified mail receipts, certification of publication of notice of
				the meeting, minutes of the public meeting and copies of the documents received
				at the meeting, shall accompany each petition submitted pursuant to this
				chapter.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 8 - Petitions for Involuntary City Development Action › Rule 263-8.4 - Filing and Service

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner shall send two copies of a petition, including
				all supporting documentation, to the board. A petition will be deemed filed
				with the board on the date it is received by board staff. The board shall
				acknowledge receipt of the petition. The petitioner shall serve notice of the
				filing as required by Iowa Code section
				368.11(1) 
				within seven days of filing a petition with the board. The petitioner shall
				file proof of compliance with the service requirement with the
				board.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 8 - Petitions for Involuntary City Development Action › Rule 263-8.5 - Costs

Current through Register Vol. 47, No. 3, July 24, 2024
All costs that are incurred in drafting a petition, preparing
				supporting documents, mailing and publishing notices and other preliminary
				proceedings and the cost of recording, if the proposal is approved, shall be
				borne by the petitioner.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 8 - Petitions for Involuntary City Development Action › Rule 263-8.6 - Staff Review of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within two weeks of receiving a petition filed pursuant to this
				chapter, board staff will review the request to determine whether the
				petitioner has filed all required information. If the petition is incomplete,
				staff shall notify the petitioner, identifying the required item(s) omitted and
				offering the petitioner an opportunity to provide the omitted information prior
				to submission of the petition to the board.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 8 - Petitions for Involuntary City Development Action › Rule 263-8.7 - Submission of Petition to the Board-notice

Current through Register Vol. 47, No. 3, July 24, 2024
A petition filed pursuant to this chapter will be considered by
				the board at the first meeting conducted 31 days or more after the petition is
				filed. The board shall provide the petitioner with notice of all meetings at
				which the board will consider the petition.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 8 - Petitions for Involuntary City Development Action › Rule 263-8.8 - Board Review of Petition-waiver

Current through Register Vol. 47, No. 3, July 24, 2024
Upon submission of a petition, the board shall review the
				petition for substantial compliance with Iowa Code section
				368.11 and this chapter. In
				conducting this review, the board will presume that factual assertions made
				within the petition are accurate. The board may, however, request and examine
				appropriate public records or request additional information from the
				petitioner if deemed necessary to its review. The board may waive any
				requirement of this chapter upon finding the requirement inapplicable to the
				petition under review.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 8 - Petitions for Involuntary City Development Action › Rule 263-8.9 - Board Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall accept for further proceedings any petition
				that it finds to be in substantial compliance with Iowa Code section
				368.11 and this chapter. The
				board may dismiss a petition pursuant to Iowa Code section
				368.12.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 8 - Petitions for Involuntary City Development Action › Rule 263-8.10 - Formation of Local Committee

Current through Register Vol. 47, No. 3, July 24, 2024
If the petition is accepted by the board for further
				proceedings, the board shall direct the appointment of local representatives to
				a committee as required by Iowa Code section
				368.14. Committee appointments
				shall be made by resolutions of the appropriate governing bodies within 45 days
				of issuance of the board's order. The resolutions shall state that the local
				representative selected is qualified to serve on the committee pursuant to Iowa
				Code section 368.14. Copies of the
				resolutions and the address and telephone number of each local representative
				shall be promptly submitted to the board. In the event a city or county fails
				to timely notify the board of appointment of its local representative, the
				committee may conduct its proceedings in the absence of that local
				representative so long as a quorum is present.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 9 - Committee Proceedings on Petitions for Involuntary City Development Action › Rule 263-9.1 - Formation of Committee

Current through Register Vol. 47, No. 3, July 24, 2024
A committee formed pursuant to Iowa Code section
				368.14 and rule 263-8.10(368)
				shall conduct proceedings consistent with Iowa Code sections
				368.15 through
				368.19. The board shall notify
				all parties that the committee has been formed and direct the parties to file
				all motions, pleadings, and submissions relating to the petition with the
				committee, in care of the board.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 9 - Committee Proceedings on Petitions for Involuntary City Development Action › Rule 263-9.2 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
Meetings of the committee shall be conducted in compliance with
				Iowa Code chapter 21.
(1)
Scheduling.
Committee hearings shall be scheduled by the board
			 and may be tentatively scheduled when the board accepts a petition. Board staff
			 shall verify the availability of local representatives to participate on the
			 scheduled hearing date and will notify the board if the local representatives
			 are not all available on the date initially selected by the board.
(2)
Quorum.
A quorum of the
			 committee, as established by Iowa Code section
			 368.14, must be present in order
			 for the committee to conduct a meeting or hearing.
(3)
Chairperson.
The
			 chairperson of the board, or the chairperson's designee, shall serve as
			 chairperson of all committee proceedings.
(4)
Notice.
Notice of the
			 time, place, and purpose of each meeting shall be provided by regular mail to
			 all parties, posted at the office of the board, and made available to all
			 interested persons upon request. Notice of a committee public hearing will also
			 be published as required by Iowa Code section
			 368.15.
(5)
Meeting format or
			 location.
The committee chairperson may, on the chairperson's own
			 motion or as requested by a party, order hearings or argument to be held by
			 electronic means in which all parties have an opportunity to participate. The
			 chairperson will consider convenience of the witnesses or parties, as well as
			 the nature of the case, when a meeting format or location is chosen.
			 Objections, if any, shall be filed with the committee and served on all parties
			 at least three business days in advance of the hearing.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 9 - Committee Proceedings on Petitions for Involuntary City Development Action › Rule 263-9.3 - Parties to Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
An individual or entity may become a party by filing a written
				appearance identifying one person upon whom the board or committee may serve
				all orders or correspondence. The written appearance may be filed with the
				party's initial filing in the proceeding or may be filed after the proceeding
				has been docketed. If available, the appearance shall include reference to the
				applicable docket numbers. The city for which the boundary adjustment is
				proposed, any city whose urbanized area contains the territory, and any county
				or regional planning authority that contains the territory will be considered a
				party without filing an appearance.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 9 - Committee Proceedings on Petitions for Involuntary City Development Action › Rule 263-9.4 - Filing of Documents

Current through Register Vol. 47, No. 3, July 24, 2024
Each party shall serve any document that it files with the
				board or committee on all other parties and provide proof of service. The board
				or committee shall give all parties a copy of any document filed with the board
				or committee that was not served on all other parties or that was provided by
				someone other than a party. All parties shall have an opportunity to comment on
				any such document either orally or in writing as the board or committee so
				specifies. Except as otherwise provided by law, a document is deemed filed at
				the time it is received by board staff.
(1)
Form of motions.
a. No technical form for motions is required.
			 Prehearing motions must be in writing, state the grounds for relief, and state
			 the relief sought.
b. Any party may
			 file a written response to a motion within ten days after the motion is served,
			 unless the time period is extended or shortened by the committee.
c. In ruling on a motion, the committee may
			 consider a failure to respond within the required time period as evidence of a
			 lack of objection to the motion.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 9 - Committee Proceedings on Petitions for Involuntary City Development Action › Rule 263-9.6 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A committee
			 member shall withdraw from participation in the making of any proposed or final
			 decision in a proceeding pursuant to this chapter if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated or advocated,
			 in connection with that case, the specific controversy underlying that case,
			 another pending factually related contested case, or a pending factually
			 related controversy that may culminate in a contested case involving the same
			 parties;
c. Is subject to the
			 authority, direction or discretion of any person who has personally
			 investigated or advocated in connection with that contested case, the specific
			 controversy underlying that contested case, or a pending factually related
			 contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
			 degree of relationship who:
(1) Is a party to
			 the case, or an officer, director or trustee of a party;
(2) Is a lawyer in the case;
(3) Is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) Is likely to be a material witness in the
			 case; or
g. Has any
			 other legally sufficient cause to withdraw from participation in the decision
			 making in that case.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 9 - Committee Proceedings on Petitions for Involuntary City Development Action › Rule 263-9.7 - Prehearing Activities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Prehearing conference.
An informal conference of parties may
			 be ordered at the discretion of the committee chairperson or at the request of
			 any party prior to a hearing in any proceeding. A written request for
			 prehearing conference or an order for prehearing conference on the committee
			 chairperson's own motion shall be filed not less than ten days prior to the
			 hearing date. A prehearing conference shall be scheduled not less than five
			 business days prior to the hearing date.
a.
			 Notice of a prehearing conference shall be provided as described in subrule
			 9.2(4).
b. A prehearing conference
			 may be ordered for the purpose of formulating issues and considering the
			 following:
(1) The simplification of
			 issues.
(2) The necessity or
			 desirability of amending the petition or other filings for the purpose of
			 clarification, amplification or limitation.
(3) Stipulations of law or fact or on the
			 admissibility of exhibits.
(4) The
			 procedure at the hearing.
(5) The
			 propriety of prior mutual exchange of prepared testimony and exhibits between
			 or among the parties.
(6) Such
			 other matters as may aid in the simplification of the evidence and disposition
			 of the proceeding.
c.
			 Action agreed upon at the conference shall be made a part of the record in such
			 manner as may be prescribed by the committee chairperson at the close of the
			 conference.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 9 - Committee Proceedings on Petitions for Involuntary City Development Action › Rule 263-9.8 - Notice of Public Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
Notices shall comply with subrule 9.2(4).
(1) Notice of the public hearing shall
			 include:
a. A statement of the time, place
			 and nature of the hearing;
b. A
			 statement of the legal authority and jurisdiction under which the hearing is to
			 be held;
c. A reference to the
			 particular sections of the statutes and rules involved; and
d. A short and plain statement of the matters
			 asserted.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 9 - Committee Proceedings on Petitions for Involuntary City Development Action › Rule 263-9.9 - Continuance

Current through Register Vol. 47, No. 3, July 24, 2024
Hearings or proceedings relating to matters that are within the
				jurisdiction of the committee may be continued by the committee, and notice
				thereof shall be given to all parties. Prior to the commencement of the hearing
				or other proceeding, a party may, upon written motion to the committee, request
				a continuance. Copies of said written motion must include proof of service upon
				all parties to the proceedings. All parties shall have an opportunity to file
				resistances to said motion, and the committee may, in its discretion, allow the
				parties to present oral arguments relative to the motion pursuant to rule
				263-9.4(368). A party may, during said hearing or proceeding, but not ex parte,
				request a continuance. All parties shall have an opportunity to comment on a
				request for a continuance made at the hearing either orally or in writing as
				specified by the committee.
(1) A
			 written application for a continuance shall:
a. Be made at the earliest possible time and
			 no less than seven days before the hearing except in case of unanticipated
			 emergencies;
b. State the specific
			 reasons for the request; and
c. Be
			 signed by the requesting party or the party's representative.
Iowa Administrative Code › Agency 263 - City Development Board › Chapter 9 - Committee Proceedings on Petitions for Involuntary City Development Action › Rule 263-9.10 - Public Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General
			 provisions.
a. Public hearings shall
			 be held on dates and at locations determined by the committee. The hearing
			 shall be held in a place open to the public.
b. The committee shall, prior to serving
			 notice, make the petition or plan available for public inspection. The
			 committee shall ensure that the petition or plan is available on or before the
			 date of notice and publication.
c.
			 Before testimony is presented, the record shall show the identity of the
			 committee members present, identity of the assistant attorney general and board
			 staff, identity of the primary parties and their representatives, and the fact
			 that all testimony is being recorded. The chairperson may also outline any
			 ground rules and time limitations to allow all parties an opportunity to speak.
			 The committee chairperson or assistant attorney general representing the
			 committee may make a brief opening statement, including a summary of actions
			 taken by the committee prior to the hearing.
d. The committee chairperson shall be in
			 control of the proceedings and have the authority to admit or exclude testimony
			 or other evidence and to rule on all motions and objections.
e. The committee shall listen to testimony
			 and arguments from all those concerned and may ask questions of anyone at any
			 point during any hearing.
f. Legal
			 counsel shall be at the discretion and expense of any party to the
			 proceedings.
g. Parties appearing
			 before the committee should select one or two persons to serve as primary
			 spokespersons for their positions.
h. Any objection with respect to the conduct
			 of the hearing, including an objection to the introduction of evidence, may be
			 stated either orally or in writing, shall be accompanied by a short statement
			 of the grounds of such objections, and shall be included in the record. No such
			 objection shall be deemed waived by further participation by the objector in
			 the hearing or proceeding.
i. The
			 committee may adjourn a hearing for good cause from time to time, upon request
			 of either party or legal counsel representing the committee, for the purpose of
			 a fair hearing.
j. The committee
			 chairperson shall maintain the decorum of the hearing and may refuse to admit
			 or may expel anyone whose conduct is disorderly.