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HF 1876

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to local government; amending certain annexation provisions; extending
municipal boundary adjustment advisory task force; amending Minnesota
Statutes 2006, sections 414.0325, subdivision 1b; 414.033, subdivisions 2, 13;
Laws 2006, chapter 270, article 2, section 1; repealing Minnesota Statutes 2006,
sections 414.031, subdivision 8; 414.0325, subdivision 4b; 414.033, subdivision
12; Laws 2006, chapter 270, article 2, section 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 414.0325, subdivision 1b, is amended to
read:


Subd. 1b.

Notice of intent to designate an area.

At least ten days before the
municipality or township adopts an orderly annexation agreement, a notice of the intent
to include property in an orderly annexation area must be published in a newspaper of
general circulation in both the township and municipality. The notice must clearly identify
the boundaries of the area proposed to be included in the orderly annexation agreement
and the date, time, and place of the public informational meeting to be held as provided
in section 414.0333. The cost of providing notice must be equally divided between the
municipality and the township, unless otherwise agreed upon by the municipality and the
township.new text begin This subdivision applies only to the initial designation to include property in
an orderly annexation area subject to the orderly annexation agreement and not to any
subsequent annexation of any property from within the designated orderly annexation
area. This subdivision also does not apply when the orderly annexation agreement only
designates for immediate annexation property for which all of the property owners have
petitioned to be annexed.
new text end

Sec. 2.

Minnesota Statutes 2006, section 414.033, subdivision 2, is amended to read:


Subd. 2.

Conditions.

A municipal council may by ordinance declare land annexed
to the municipality and any such land is deemed to be urban or suburban in character
or about to become so if:

(1) the land is owned by the municipality;

(2) the land is completely surrounded by land within the municipal limits;

(3) the land abuts the municipality and the area to be annexed is 120 acres or
less, and the area to be annexed is not presently served by public wastewater facilities
or public wastewater facilities are not otherwise available, and the municipality receives
a petition for annexation from all the property owners of the land. Except as provided
for by an orderly annexation agreement, deleted text begin the director must not accept a petition from a
property owner for more than one annexation per year ofdeleted text end new text begin this clause may not be used to
annex anynew text end property contiguous to deleted text begin the parceldeleted text end new text begin any propertynew text end previously annexed under this
clausenew text begin within the preceding 12 months if the property is owned by the same ownersnew text end ; or

(4) the land has been approved after August 1, 1995, by a preliminary plat or final
plat for subdivision to provide residential lots that average 21,780 square feet or less in
area and the land is located within two miles of the municipal limits.

Sec. 3.

Minnesota Statutes 2006, section 414.033, subdivision 13, is amended to read:


Subd. 13.

Electric utility service notice; cost impact.

deleted text begin At least 60 days before a
petition is filed under section 414.0325 or this section, the petitioner must notify the
municipality that the petitioner intends to file a petition for annexation.deleted text end At least 30 days
before a petition is filed for annexation, the petitioner must be notified by the municipality
that the cost of electric utility service to the petitioner may change if the land is annexed to
the municipality. The notice must include an estimate of the cost impact of any change
in electric utility services, including rate changes and assessments, resulting from the
annexation.

Sec. 4.

Laws 2006, chapter 270, article 2, section 1, is amended to read:


Section 1. MUNICIPAL BOUNDARY ADJUSTMENT ADVISORY TASK
FORCE ESTABLISHED.

Subdivision 1.

Membership.

An advisory task force on municipal boundary
adjustments is established to study and make recommendations on what, if any, changes
should be made to the law governing municipal boundary adjustments. The task force
shall develop recommendations regarding best practices annexation training for city and
township officials to better communicate and jointly plan potential annexations. The task
force is comprised of the following members:

(1) two members of the senate, one appointed by the majority leader and one
appointed by the minority leader;

(2) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;

(3) three representatives of city interests, appointed by the League of Minnesota
Cities in consultation with the Association of Metropolitan Municipalities, the Coalition
of Greater Minnesota Cities, and the Minnesota Association of Small Cities;

(4) three representatives of township interests, appointed by the Minnesota
Association of Townships; and

(5) one person appointed jointly by the senate majority leader and the speaker of the
house of representatives to serve as chair of the task force, selected based on knowledge
and experience in municipal boundary adjustment issues and who could serve without bias
towards either side of the issue of annexation.

All appointing authorities shall provide for balance of geographic areas of the state and
city and town interests.

Subd. 2.

Report by January deleted text begin 2007deleted text end new text begin 2008new text end .

The task force shall report its
recommendations to the chairs and members of the house of representatives and senate
committees with jurisdiction over municipal boundary adjustments by deleted text begin January 1, 2007deleted text end new text begin
February 1, 2008new text end . The task force shall also provide a copy of its recommendations to
the Legislative Reference Library.

Subd. 3.

Funds available.

Any funds remaining in the committee budgets for the
house local government new text begin and metropolitan affairs new text end committee or the senate state and local
government operations committee as of the deleted text begin 2006deleted text end new text begin 2007new text end adjournment of the legislature will
be available to pay for the administrative expenses of the task force, including per diems
and expenses of members and the services of a facilitator from the management analysis
division of the Department of Administration.

Sec. 5. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2006, sections 414.031, subdivision 8; 414.0325, subdivision
4b; and 414.033, subdivision 12, new text end new text begin are repealed.
 new text end

new text begin (b) new text end new text begin Laws 2006, chapter 270, article 2, section 8, the effective date, new text end new text begin is repealed
effective the day following final enactment.
 new text end