Section 123.33. Determination of population of area proposed for annexation.

(1) When an annexation petition or resolution is filed, the filing population on the filing date shall be determined as soon as practicable after the filing by 1 of the following methods:

(a)      By joint agreement of the involved township board and city council and their certification of the population.

(b)      By submission of either the township board or the city council, or both, of a certified list of the names and addresses of all residents in the area proposed to be annexed on the date the petition or resolution was filed.

(c)         By a door-to-door canvas and interviews with the people within the area proposed to be annexed and certification to the department by the involved units of government.

(2)      If both legislative bodies file lists, the commission shall examine the lists and using the guidance of applicable statutes, attorney general opinions, or court decisions make a final population determination.

(3)     If only 1 legislative body files a resident list, the department shall supply a copy of the filed list to the non-filing board and grant 30 days for that board to file written challenges to any names contained in the filed list. Upon the filing of a written challenge, the commission shall examine the challenge and using the guidance of applicable statutes, attorney general opinions, or court decisions, the commission shall make a final population determination.

(4)     If the department receives only 1 filed certified resident list and that list receives no challenge, it shall stand as the determined population and the commission shall so certify.

History: 2013 AACS.