Section 123.37. Petitions and resolutions; contents.

(1) A petition for incorporation, consolidation, or annexation or an annexation resolution shall identify graphically on a map, labeled “part I”, and by an accurate written legal description, labeled “part III”, the boundaries of the lands that are proposed to be incorporated, consolidated, or annexed.

(2)      A “part I” map of any incorporation, consolidation, or annexation petitions or annexation resolutions shall consist of 1 or more sheets of a map clearly showing the territory proposed to be incorporated, consolidated, or annexed. The “part I” map shall be constructed by the petitioner so its minimum size is 8 ½” x 11” and maximum size is 36”x 42”. The “part I” map shall be of sufficient scale and clarity as to be unambiguous to laypersons with respect to the inclusion or exclusion of their own property and shall include all of the following:

(a)      All section lines, quarter section lines, and government corners that affect the boundary of the area proposed for annexation, incorporation, or consolidation.

(b)         All current and proposed municipal boundary lines in the area of and in proximity to the area proposed for annexation, incorporation, or consolidation, including labeling of all adjacent governmental units.

(c)     )  A north arrow.

(d)    A map scale that is both stated and represented by a graphical bar.

(e)     All roads, streets, and highways that relate to the boundary of the area proposed for annexation, incorporation, or consolidation.

(f)      All major geographic features that relate to the boundary of the area proposed for annexation, incorporation, or consolidation.

(g)     Labeled parcels of common ownership along the perimeter of the area proposed for annexation, incorporation, or consolidation to avoid splitting parcels under common ownership into separate municipalities.

(h)      If there is more than 1 sheet in the “part I” map, there shall be a master sheet that shows how the individual sheets relate to the whole. The master sheet shall clearly show the location of all major features including major roads, section lines, existing local government boundaries, and major geographical features.

(3)         For any incorporation, consolidation or annexation petitions or annexation resolutions, the existing municipal boundary lines shown on the “part I” map shall be substantially consistent with the municipal boundary histories on file with the secretary of state’s office of the great seal at the time of the filing.

(4)     For an annexation petition or resolution, the area proposed for annexation shall be contiguous to the annexing city as referenced by the municipal boundary histories on file with the secretary of state's office of the great seal at the time of the filing.

(5)         Parts II and IV through VI shall be prepared on forms furnished by the department.

(6)     “Part VII” shall contain a map that shows the relationship of the area proposed for incorporation, consolidation, or annexation to the balance of the involved and adjacent units of government. The map may be of a size that the petitioner chooses and shall not be considered in the determination of legal sufficiency. For the purpose of determining legal sufficiency, a “part I” map and “part III” legal description shall be part of the petition or resolution and shall be substantially accurate and consistent with each other. The commission may order that all or part of the boundaries of the area be reviewed by a professional land surveyor to verify the accuracy and consistency of the “part I” map, and “part III” legal description.

(7)        In a petition submitted to the public for signature, the “part I” map shall accompany the signature sheets. Upon discovery of a disparity between various public or private records as to land ownership or the location of local government boundaries, the department shall issue a report on the disparity and notify the commission, the petitioners, and the affected units of government prior to the commission’s meeting on the legal sufficiency.

(8)     When documents that are part of the petition or resolution contain reference to additional recorded data or documents that are found to be necessary to determine the accuracy of the petition, resolution, map, or legal description, and copies of these recorded documents are not a part of the docket, the department may request the petitioner to supply copies of these documents by a specified date.

(9)          An annexation petition initiated by a firm, corporation, or other formal organization shall contain copies of resolutions, meeting minutes, correspondence, transmittal letters, or other documents that are necessary to show that the petitioner was authorized to file on behalf of the organization.

(10)         An annexation resolution initiated by a city shall contain copies of all documents necessary to show that the city council approved the annexation resolution before filing with the department.

(11)      Upon filing, each petition or resolution shall stand or fall on its own content. Before the legal sufficiency meeting, the department may provide notice of obvious scrivener’s errors in the docket and allow the petitioner to correct these errors, except for errors on a “part-I” map that accompanied the petition signature sheets. The department shall  retain  a  copy   of  the  docket   in  its  original  state   for  docket  proceedings.

Modifications, corrections, deletions, or additions to a petition shall not be made except those authorized in this subrule.

History: 2013 AACS.