368.1 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Adjoining” means having a common boundary for not less than fifty feet. Land areas may be adjoining although separated by a roadway or waterway. 2. “Annexation” means the addition of territory to a city. 3. “Board” means the city development board established […]
368.10 Rules — filing fees. The board may establish rules for the performance of its duties and the conduct of proceedings before it. The rules may include establishing filing fees for applications and petitions submitted to the board. The amounts collected from the establishment of such fees are appropriated to the board for the purpose […]
368.11 Petition for involuntary city development action. 1. A petition for incorporation, discontinuance, or boundary adjustment may be filed with the board by a city council, a county board of supervisors, a regional planning authority, or five percent of the registered voters of a city or territory involved in the proposal. Notice of the filing, […]
368.12 Dismissal. The board may dismiss a petition only if it finds that the petition does not meet the requirements of this chapter, or that substantially the same incorporation, discontinuance, or boundary adjustment has been disapproved by a committee formed to consider the proposal, or by the voters, within the two years prior to the […]
368.13 Board may initiate proceedings. Based on the results of its studies, the board may initiate proceedings for the incorporation, discontinuance, or boundary adjustment of a city. The board may request a city to submit a plan for city development or may formulate its own plan for city development. A plan submitted at the board’s […]
368.14 Local representatives. If an involuntary petition is not dismissed, the board shall direct the appointment of local representatives to serve with board members as a committee to consider the proposal. Each local representative is entitled to receive from the state the representative’s actual and necessary expenses spent in performance of committee duties. Three board […]
368.14A Special local committees. When two or more petitions for city development action or applications for voluntary annexation describing common territory are being considered together, the board shall direct the appointment of representatives for each of the petitions to serve on one special committee to consider the petitions. Expense reimbursement and qualifications of these representatives […]
368.15 Public hearing. The committee shall conduct a public hearing on a proposal as soon as practicable. Notice of the hearing must be served upon the council of each city for which a discontinuance or boundary adjustment is proposed, the county board of supervisors for each county which contains a portion of a city to […]
368.16 Approval of proposal. Subject to section 368.17, the committee shall approve any proposal which it finds to be in the public interest. A committee shall base its finding upon all relevant information before the committee, including but not limited to the following: 1. Statements in the petition or plan, and evidence supporting those statements. […]
368.17 When approval barred. The committee may not approve: 1. An incorporation unless it finds that the city to be incorporated will be able to provide customary municipal services within a reasonable time. 2. A discontinuance or severance if the city to be discontinued or the territory to be severed will be surrounded by one […]
368.18 Amendment. The committee may amend a petition or plan. If a petition or plan is substantially amended, the committee shall continue the hearing to a later date and serve and publish a notice describing the amended petition or plan, as required in section 368.15. [C97, §600; S13, §600; C24, 27, 31, 35, 39, §5591; […]
368.19 Time limit — election. 1. The committee shall approve or disapprove the petition or plan as amended, within ninety days of the final hearing, and shall file its decision for record and promptly notify the parties to the proceeding of its decision. If a petition or plan is approved, the board shall submit the […]
368.2 Name change. A city may change its name as follows: 1. The council shall propose the name change and shall notify the county commissioner of elections that the question shall be submitted at the next regular city election. 2. The county commissioner of elections shall publish notice, as provided in section 362.3, of the […]
368.20 Procedure after approval. 1. After the county commissioner of elections has certified the results to the board, the board shall: a. Serve and publish notice of the result as provided in section 362.3. b. File with the secretary of state and the clerk of each city incorporated or involved in a boundary adjustment, and […]
368.21 Supervision of procedures. When an incorporation, discontinuance, or boundary adjustment is complete, the board shall supervise procedures necessary to carry out the proposal. In the case of an incorporation, the county commissioner of elections shall conduct an election for mayor and council of the city, who shall serve until their successors take office following […]
368.22 Appeal. 1. a. A city or a resident or property owner in the territory or city involved may appeal a decision of the board or a committee, or the legality of an election, to the district court of a county which contains a portion of any city or territory involved. b. Appeal must be […]
368.23 Fees and taxes of public utilities. Additional or increased fees or taxes, other than ad valorem taxes, imposed on a public utility as a result of an annexation of territory to a city shall become effective sixty days after the effective date of the annexation. 93 Acts, ch 152, §13
368.24 Notification to public utilities and to the department of revenue. Notwithstanding any other provision of law to the contrary, any city that annexes territory or any city from which territory is severed shall provide written notification consisting of a legal description and map of the annexed or severed territory, each street address within the […]
368.25 Failure to provide municipal services. Prior to expiration of the three-year period established in section 368.11, subsection 3, paragraph “n”, the annexing city shall submit a report to the board describing the status of the provision of municipal services identified in the plan required in section 368.11, subsection 3, paragraph “n”. If a city […]
368.25A Boundary adjustment between cities by petition and consent. 1. A real property owner within the boundaries of a city may file a petition for severance with the city council if the petitioner’s real property, if severed, would be eligible for annexation by a different city and if such annexation would not create an island. […]
