Section 72.403

Title VII CITIES, TOWNS AND VILLAGES

Chapter 72

Effective - 27 Jun 2000, see footnote   

  72.403.  Powers and duties of commission to review all boundary changes — no changes submitted to commission until April 15, 2001, exceptions, procedures — plan of intent — notice, publication of — approval of change, factors to be considered — commission may provide advice to proposing agents. — 1.  The commission shall review all proposed boundary changes of any area wholly or partially within the county.  After June 27, 2000, no boundary change or unincorporated area proposal shall be submitted to or considered by the commission until April 15, 2001, except for consolidations.  Any boundary change or unincorporated area proposal pending before the commission on June 27, 2000, shall be suspended on June 27, 2000, and shall be further considered after April 15, 2001, only if such proposal is reflected in a map plan submitted to the commission pursuant to section 72.423, except an annexation proposal by a village with a population under three thousand five hundred where the initial public hearing will occur prior to July 1, 1999, such proposal shall continue notwithstanding other provisions of law to the contrary.  Review shall begin no later than thirty days after the plan of intent for the boundary change has been submitted to the commission by the proposing agent or thirty days after April 15, 2001, for boundary changes or unincorporated area proposals which are pending on June 27, 2000.  The plan of intent shall address the criteria set forth in subsection 3 of this section.  For the purposes of this subsection, the term "pending" means any proposal submitted to the commission which has not yet been approved by the commission as a simplified annexation or approved for submission to the qualified voters of the voting jurisdictions.  No simplified boundary change involving territory already described in an annexation resolution or incorporation petition filed with the commission shall occur unless the annexation or incorporation proposal has been disapproved by the commission or defeated by voters.  If more than one proposed change is received from the same proposing agency, the review of each additional proposed change shall begin not later than thirty days after the date that review was commenced for the next preceding proposed change or thirty days after receipt of the proposed changes were received by the commission; except that, if more than one proposed change is received by the commission from the same proposing agency on the same date, the commission may establish the order of review.

  2.  When a boundary change proposal has been submitted to the commission, the commission shall, within twenty-one days of receipt of such proposal, publish notice of such proposal and the date of the public hearing thereon in at least one newspaper of general circulation qualified to publish legal notices.  Within twenty-one days of receipt of such proposal, the commission shall also mail written notification of such proposal and public hearing date to the county clerk, and to the city or village clerk of each municipality or village, and to any other political subdivision which, in the opinion of the commission, is materially affected by the proposal.  The costs of publication and notification shall be borne by the proposing agent.  The commission shall hold such public hearing concerning the proposal not less than fourteen nor more than sixty days after such publication and notification are complete.  At such public hearing, the county, the proposing agent and affected municipalities shall be parties, and any other interested person, corporation, or political subdivision may also present evidence regarding the proposed boundary change.  A boundary change proposal which has been disapproved by the commission and which is resubmitted with changes to the commission shall be subject to the public hearing requirement of this section, unless the commission determines that a public hearing on the resubmitted proposal is not necessary to achieve the objectives of sections 72.400 to 72.423.

  3.  In reviewing any proposed boundary change, the commission shall approve such proposal if it finds that the boundary change will be in the best interest of the municipality or municipalities and unincorporated territories affected by the proposal and the areas of the county next to such proposed boundary.  In making its determination, the commission shall consider the following factors:

  (1)  The impact, including but not limited to the impact on the tax base or on the ability to raise revenue, of such proposal on:

  (a)  The area subject to the proposed boundary change and its residents;

  (b)  The existing municipality or municipalities, if any, proposing the boundary change and the residents thereof;

  (c)  Adjoining areas not involved in the boundary change and the residents thereof; and

  (d)  The entire geographic area of the county and its residents;

  (2)  A legal description of the area to be annexed, incorporated, consolidated, or subject to the transfer of jurisdiction;

  (3)  The creation of logical and reasonable municipal boundaries in the county, and for such purpose the commission shall have the ability to make additions, deletions and modifications which address legal boundaries, technical or service delivery problems or boundaries which overlap those of other proposals; however, such additions, deletions and modifications shall not make substantial changes to any proposed boundary petition;

  (4)  The present level of major services provided by the municipality or other provider, provided to the unincorporated area by the county, and proposed to be provided by the annexing municipality or municipality to be incorporated or consolidated, including, but not limited to, police protection, fire protection, water and sewer systems, street maintenance, utility agreements, parks, recreation, and refuse collections;

  (5)  A proposed time schedule whereby the municipality or proposed municipality plans to provide such services to the residents of the area to be annexed, incorporated or consolidated within three years from the date the municipal boundary change is to become effective;

  (6)  The current tax rates of the areas subject to the proposal;

  (7)  What sources of revenue other than property tax are collected or are proposed to be collected by the municipality or proposed municipality;

  (8)  The extraordinary effect the boundary change will have on the distribution of tax resources in the county;

  (9)  How the municipality or proposed municipality proposes to zone any area not presently incorporated;

  (10)  The compactness of the area subject to such proposal;

  (11)  When the proposed boundary change shall become effective.

  4.  The provisions of section 71.910 shall not apply to a proposing agent proceeding before the commission.

  5.  Nothing in sections 72.400 to 72.423 shall be construed to prevent the boundary commission or its staff from advising proposing agents on issues related to proposals.  The commission may meet informally, subject to the requirements of chapter 610, with the representatives of municipalities, other government entities or county residents with regard to future boundary changes.

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(L. 1989 H.B. 487 § 2, A.L. 1991 S.B. 402, A.L. 1992 S.B. 571, A.L. 1995 H.B. 446, A.L. 1999 S.B. 160 & 82, A.L. 2000 H.B. 1967)

Effective 6-27-00