§ 368.25A — Boundary adjustment between cities by petition and consent

Iowa § 368.25A

• Jurisdiction: Iowa
• Title IX: LOCAL GOVERNMENT
• Ch. 368: CITY DEVELOPMENT

Text

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
§368.25A, CITY DEVELOPMENT 14
annexation by a different city and if such annexation would not create an island. Contiguous
property owners may file a combined petition under this section.
2. The petition shall be filed with the city council of the city from which severance is
sought and the city council of the city to which annexation is requested. The petition shall be
in substantially the form required of an application under section 368.7.
3. If the city councils of both cities approve the petition, the petition shall be filed with
the board. Approval by either city council may be conditioned upon an agreement entered
into by the cities providing for the transition of property taxes or the sharing of property
tax revenues from the real property described in the petition for a period not to exceed forty
years and providing for all necessary zoning ordinance changes within a period not to exceed
ten years. An agreement between cities under this subsection shall be filed with the board at
the same time the approved petition is filed. An agreement may include additional transition
provisions relating to the transfer or sharing of property tax revenues for property outside
the boundaries of the territory described in the petition and any other provisions deemed by
the cities to be in the public interest if such actions are within the authority of the cities.
4. Following receipt of a petition, the board shall initiate proceedings to sever the territory
from the city in which it is located and annex the territory to the annexing city. The board
shall notify both cities of the severance and annexation proceedings and shall hold a public
hearing on the severance, annexation, and any agreement between the cities pursuant to
subsection 3. The board shall give notice of the hearing in the same manner as notice of a
public meeting in section 368.11, subsection 5.
5. The board may only approve the petition if the board also approves any agreements
between the cities pursuant to subsection 3, and filed with the board. The board may only
approve or deny the severance and annexation of the territory described in the petition, and
the order of the board approving the petition is not subject to approval at an election.
6. Theseveranceandannexationapprovedbytheboardiscompletedwhentheboardfiles
withthesecretaryofstateandtheclerkofeachcityinvolvedintheseveranceandannexation,
and records with the recorder of each county which contains a portion of any city or territory
involved, copies of the proceedings including the petition, any agreements between the cities,
the order of the board approving the petition, proofs of service and publication of required
notices, and any other material deemed by the board to be of primary importance to the
proceedings. The board shall also file with the state department of transportation a copy of
the map and legal land description of each completed severance and annexation under this
section.