House File 132_Annexation of Public LandMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: House File 132 re: Annexation of Public Land
DATE: January 26, 2010
Planning Services Manager Laura Carstens is providing Planning Services staff's
position on proposed House File 132 regarding annexation of public land.
Dubuque
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All- AmedcaCityi
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2007
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Michael C. Van Milligen
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager
House File 132 re: Annexation of Public Land
January 26, 2010
Dubuque
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ANlmedcaCiry
1
2007
Introduction
This memorandum transmits Planning Services staff's position on proposed House File 132 re:
annexation of public land. A copy of HF 132 is enclosed.
Discussion
An application for voluntary annexation may include territory comprised of not more than 20
percent of the land area without the consent of the owner to avoid creating an island or to create
more uniform boundaries. Public land, i.e., land owned by the federal government, the state, or
a political subdivision of the state, may be annexed. These are known as 80/20 voluntary
annexations.
Currently, with written consent of the agency having jurisdiction over the public land, the public
land may be used to determine the percentage of territory included with the consent of owners
and without the consent of owners. Under this bill, public land cannot be used to determine
such percentage regardless of whether the agency having jurisdiction over the public land
consents or not. The bill applies to applications for voluntary annexation filed on or after the
effective date of the bill.
Recommendation
I contacted the City's annexation attorney, Frank Smith, for his thoughts on the bill. He noted
that: "Many times public land is needed to make an 80/20 annexation work for a municipality.
Moreover, the statute was changed a few years back to require that the agency with jurisdiction
over the public land had to consent for its land to be deemed consenting. This is a reasonable
requirement. It is not reasonable, however, that the agency with jurisdiction over the public land
has no say in whether the land is annexed or not. I would encourage Dubuque to strongly
oppose this amendment." Planning Services staff concurs with Frank Smith's position in this bill.
Requested Action
Please review and provide further direction for staff with respect to HF 132.
Enclosure
cc: Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Barry Lindahl, City Attorney
Tim O'Brien, Assistant City Attorney
Bill /Amendments for HF 132 Page 1 of 2
House File 132 - Introduced
PAG LIN
HOUSE FILE
BY TYMESON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to public land included in territory subject to
2 voluntary annexation and providing an applicability date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1912HH 83
5 and /sc /14
1 1 Section 1. Section 368.7, subsection 1, paragraph a, Code
1 2 2009, is amended to read as follows:
1 3 a. All of the owners of land in a territory adjoining a
1 4 city may apply in writing to the council of the adjoining city
1 5 requesting annexation of the territory. Territory comprising
1 6 railway right =of =way or territory comprising not more than
1 7 twenty percent of the land area may be included in the
1 8 application without the consent of the owner to avoid creating
1 9 an island or to create more uniform boundaries. Public land
1 10 may be included in the territory to be annexed. However, the
1 11 area of the territory that is public land in -1u0o •iithout tho
1 12 written concont of the agoncy with jurisdiction ovor tho
--L-4.4-0-2,..a444 shall not be used to determine the percentage of
1 14 territory that is included with the consent of the owner and
1 15 without the consent of the owner.
1 16 Sec. 2. APPLICABILITY. This Act shall apply to
1 17 applications for voluntary annexation filed on or after the
1 18 effective date of this Act.
1 19 EXPLANATION
1 20 An application for voluntary annexation may include
1 21 territory comprised of not more than 20 percent of the land
1 22 area without the consent of the owner to avoid creating an
1 23 island or to create more uniform boundaries. Public land,
1 24 i.e., land owned by the federal government, the state, or a
1 25 political subdivision of the state, may be annexed.
1 26 Currently, with written consent of the agency having
1 27 jurisdiction over the public land, the public land may be used
1 28 to determine the percentage of territory included with the
1 29 consent of owners and without the consent of owners. Under
1 30 this bill, public land cannot be used to determine such
1 31 percentage regardless of whether the agency having
1 32 jurisdiction over the public land consents or not.
1 33 The bill applies to applications for voluntary annexation
1 34 filed on or after the effective date of the bill.
1 35 LSB 1912HH 83
h ttp: / /coolice.legis.state.ia.us /Cool ICE /default. asp? Category= billinfo &Service= AmendP 1/25/2010
Bill /Amendments for HF 132 Page 2 of 2
2 1 and /sc /14
http: / /coolice.legis.state.ia.us /Cool- ICE /default. asp? Category= billinfo &Service= AmendPri... 1/25/2010
Masterpiece on the Mississippi
Dear
Thank you for your consideration.
Dubuque
kiftel
Al4aes caCAO
111111
2007
The City of Dubuque encourages you to strongly oppose this amendment.
Sincerely,
Michael C. Van Milligen
City Manager
City Manager's Office
City Hall
50 West 13th Street
Dubuque, Iowa 52001 -4864
(563) 589 -4110 office
(563) 589 -4149 fax
ctymgr @cityofdubuque.org
January 26, 2010
This letter transmits the City of Dubuque's opposition to proposed House File 132 re:
annexation of public land.
An application for voluntary annexation may include territory comprised of not more than 20
percent of the land area without the consent of the owner to avoid creating an island or to
create more uniform boundaries. Public land, i.e., land owned by the federal government, the
state, or a political subdivision of the state, may be annexed. These are known as 80/20
voluntary annexations.
Currently, with written consent of the agency having jurisdiction over the public land, the
public land may be used to determine the percentage of territory included with the consent of
owners and without the consent of owners. Under this bill, public land cannot be used to
determine such percentage regardless of whether the agency having jurisdiction over the
public land consents or not. The bill applies to applications for voluntary annexation filed on
or after the effective date of the bill.
Many times public land is needed to make an 80/20 annexation work for a municipality.
Moreover, the statute was changed a few years back to require that the agency with
jurisdiction over the public land had to consent for its land to be deemed consenting. This is
a reasonable requirement. It is not reasonable, however, that the agency with jurisdiction
over the public land has no say in whether the land is annexed or not.
i
The Honorable Pat Murphy
Speaker of the House
House Chamber
Iowa Capitol Buildina
The Honorable Steve Lukan
House Chamber
Iowa Capitol Building
Des Moines. IA 50319
The Honorable Chuck Isenhart
House Chamber
Iowa Capitol Building
Des Moines. IA 50319
The Honorable Ray Zirkelbach
House Chamber
Iowa Capitol Building
Des Moines. IA 50319
The Honorable Thomas
Schueller
House Chamber
Iowa Capitol Building