SB182 HFA Funkhouser 3-11 #1
Baker 3228
Delegate Funkhouser moved to amend SB182 H JUD AM #1 on page 1, before the section heading, by inserting the following:
The governing body of such municipality shall enter the results of such election in its minutes, and, when the annexation proposed is adopted, as provided in the immediately preceding section of this article, shall forward a certificate to such effect to the county court commission of the county wherein the municipality or the major portion of the territory thereof, including the annexed territory, is located. Upon receipt of the certificate, the county commission shall review the proposed annexation and may approve or deny the annexation by order after a public hearing. and such court If the county commission approves the annexation, it shall thereupon enter an order in substance as follows:
"A certificate of the governing body of the municipality of ............................ was this day filed showing that an annexation has been made, in the manner required by law, to the corporate limits thereof, and that by such annexation the said corporate limits are as follows:
"Beginning at (here recite the boundaries as changed). It is, therefore, ordered that such annexation to said corporate limits be, and the same is hereby approved and confirmed, and the clerk of this court county commission is directed to deliver to the said governing body a certified copy of this order as soon as practicable after the rising of this court."
After the date of such order, the corporate limits of the municipality shall be as set forth therein.
(a) The governing body of a municipality may, by ordinance, provide for the annexation of additional territory without ordering a vote on the question if: (1) A majority of the qualified voters of the additional territory file with the governing body a petition to be annexed; and (2) a majority of all freeholders of the additional territory, whether they reside or have a place of business therein or not, file with the governing body a petition to be annexed.
(b) For purposes of this section, the term "qualified voter of the additional territory" includes firms and corporations in the additional territory regardless of whether the firm or corporation is a freeholder. A firm or corporation may sign a petition by its manager, president or executive officer duly designated in writing by the firm or corporation. In any instance where a freeholder leases or rents real property to a firm or corporation the freeholder and the firm or corporation shall determine which entity will be entitled to sign a petition relating to the proposed annexation.
(c) The determination that the requisite number of petitioners have filed the required petitions shall be reviewable by the circuit court of the county in which the municipality or the major portion of the territory thereof, including the area proposed to be annexed is located, upon certiorari to the governing body in accordance with the provisions of article three, chapter fifty-three of this code.
(d) A qualified voter of the additional territory who is also a freeholder of the additional territory may join only one petition of the additional territory.
(e) It shall be the responsibility of the governing body to enumerate and verify the total number of eligible petitioners, in each category, from the additional territory. In determining the total number of eligible petitioners, in each category, a freeholder or any other entity that is a freeholder shall be limited to one signature on a petition as provided in this section. There shall be allowed only one signature on a petition per parcel of property and any freehold interest that is held by more than one individual or entity shall be allowed to sign a petition only upon the approval by the majority of the individuals or entities that have an interest in the parcel of property.
(f) If all of the eligible petitioners are qualified voters, only a voters' petition is required.
(g) If satisfied that the petition is sufficient in every respect, the governing body shall enter that fact upon its journal and forward a certificate to that effect to the county commission of the county wherein the municipality or the major portion of the territory thereof, including the additional territory, is located. Upon receipt of the certificate, the county commission shall review the proposed annexation and may approve or deny the annexation by order after a public hearing. The county commission If the county commission approves the annexation, it shall thereupon enter an order as described in the immediately preceding section of this article. After the date of the order, the corporate limits of the municipality shall be as set forth therein.
(a) This section applies to municipalities in counties that have adopted a countywide zoning ordinance with designated urban growth boundaries and, prior to January 1, 2009, have adopted local impact fees pursuant to the provisions of §7-20-1 et seq. of this code that want to annex additional property without an election.
(b) For purposes of this section only:
(1) “Contiguous” means property that is next to, abutting, and having a boundary that is coterminous with the municipality’s designated urban growth boundary. The length of a street, highway, road, or other traffic or utility easement, streams, rivers, or other natural topography are not to be used to determine if a property is contiguous: Provided, That the width of a street, highway, road, or other traffic or utility easement, streams, rivers, or other natural topography may be used to determine contiguous boundaries.
(2) “Urban growth boundary” means a site-specific line, delineated on a zoning map or a written description in a zoning ordinance identifying an area around and outside the corporate limits of a municipality within which there is a sufficient supply of developable land within the boundary for at least a prospective 20-year period of municipal growth based on demographic forecasts and the time reasonably required to effectively provide municipal services to the identified area. The urban growth boundary may be called by any name chosen by the county commission, but the word “boundary” shall be used in the name of the boundary. The boundary shall be established by the county commission in agreement with each individual municipality regarding that municipality’s boundary. If the county commission and municipality cannot agree upon the location or size of the boundary, either party may file for declaratory judgment relief in the circuit court which shall submit the dispute to mediation or arbitration prior to final resolution by the circuit court. Once a county has adopted an urban growth boundary by its designation on an adopted county zoning map, the gross area inside the boundary may not be reduced without written consent of the municipality. The county commission shall review each urban growth boundary at a period not to exceed 10 years or upon request of the individual municipality.
(c) Procedure for a municipality to annex property within an urban growth boundary. —
(1) If the proposed property to be annexed by a municipality is entirely within the municipality’s designated urban growth boundary, then the municipality may annex without an election the proposed property pursuant to the provisions of §8-6-4 of this code. Agreement with the county commission is not required. The proposed annexation is subject to review and approval or denial by the county commission.
(2) If the proposed property to be annexed by minor boundary adjustment by a municipality is entirely within the municipality’s designated urban growth boundary, then the municipality may annex without an election the proposed property if the provisions of §8-6-5 of this code are followed, except that agreement with the county commission is not required the proposed annexation is subject to review and approval or denial by the county commission.
(d) Procedure for a municipality to annex property within urban growth boundaries of two or more municipalities. —
If the proposed property to be annexed by a municipality is partially or wholly within another municipality’s urban growth boundary, then the municipality may annex without an election the proposed property pursuant to the provisions of §8-6-4 of this code if the two municipalities have executed an intergovernmental agreement regarding the annexation of the subject property. Agreement with the county commission is not required The proposed annexation is subject to review and approval or denial by the county commission.
(e) Procedure for a municipality to annex contiguous property outside an urban growth boundary. —
(1) If the proposed property to be annexed by a municipality is outside the municipality’s designated urban growth boundary, then the municipality may annex without an election the proposed property pursuant to the provisions of §8-6-4 of this code, if:
(A) The proposed property to be annexed is contiguous to the municipality, as defined in this section; and
(B) The municipality has the county commission’s agreement.
(2) Prior to the agreement of the county commission to the annexation of the proposed property, the county commission shall:
(A) Hold a public hearing;
(B) Place a notice on the subject property, which notice shall be the same as that required for property to be rezoned; and
(C) At least 15 days prior to the public hearing, publish a notice of the date, time, and place of the public hearing as a Class I legal advertisement in compliance with the provisions of §59-3-1 et seq. of this code.
(f) Procedure for a municipality to annex noncontiguous property outside an urban growth boundary. —
(1) If the proposed property to be annexed by a municipality is entirely outside the municipality’s designated urban growth boundary and is not contiguous to the municipality, as defined in this section, then the municipality may annex without an election the proposed property pursuant to the provisions of §8-6-4 of this code if the municipality has the county commission’s agreement and, prior to the agreement of the county commission to the annexation of the proposed property, the county commission shall:
(A) Hold a public hearing;
(B) Place a notice on the subject property, which notice shall be the same as that required for property to be rezoned; and
(C) At least 15 days prior to the public hearing, publish a notice of the date, time, and place of the public hearing as a Class I legal advertisement in compliance with the provisions of §59-3-1 et seq. of this code.
(2) After the public hearing and on-site notice, if the county commission finds, by a written record, that the proposed annexation is for the good of the county as a whole, then the county commission may agree to the annexation.
(g) Prior to the county commission entering an order for any annexation pursuant to this section, the annexed property shall be surveyed by a licensed professional surveyor and a metes and bounds description of the annexed property must be provided to the county commission of the county in which the property is located.
(h) After a municipality has annexed property pursuant to this section and the property has been surveyed, the county commission shall enter an order. After the order is entered, the corporate limits of the municipality include the annexed property.
Adopted
Rejected