Iowa Administrative Code › Agency 263 - City Development Board › Chapter 7 - Voluntary Annexation › Rule 263-7.2 - Contents of Petition

Current through Register Vol. 47, No. 3, July 24, 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."