368.25 - FAILURE TO PROVIDE MUNICIPAL SERVICES.

        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 fails to      provide municipal services, or fails to show substantial and      continuing progress in the provision of municipal services, to      territory involuntarily annexed, according to the plan for extending      municipal services filed pursuant to section 368.11, subsection 3,      paragraph "n", within the time period specified in that      subsection, the city development board may initiate proceedings to      sever the annexed territory from the city.  The board shall notify      the city of the severance proceedings and shall hold a public hearing      on the proposed severance.  The board shall give notice of the      hearing in the same manner as notice of a public meeting in section      368.11.  The board may order severance of all or a portion of the      territory and the order to sever is not subject to approval at an      election.  A city may request that the board allow up to an      additional three years to provide municipal services if good cause is      shown.  As an alternative to severance of the territory, the board      may impose a moratorium on additional annexation by the city until      the city complies with its plan for extending municipal services.      For purposes of this section, "municipal services" means services      included in the plan required by section 368.11, subsection 3,      paragraph "n", for extending municipal services.  
         Secn History: Recent Form
         2002 Acts, ch 1132, § 10, 11; 2002 Acts, ch 1175, §32; 2003 Acts,      ch 148, §7, 9; 2005 Acts, ch 19, §51