HF 2443

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; providing for an
alternative annexation process; proposing coding for
new law in Minnesota Statutes, chapter 414; repealing
Minnesota Statutes 2004, sections 414.031; 414.033.

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

Section 1.

new text begin [414.0326] ALTERNATIVE ANNEXATION PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Alternative to orderly annexation. new text end

new text begin The
process in this section is an alternative to orderly annexation
under section 414.0325, when orderly annexation is not feasible.
new text end

new text begin Subd. 2. new text end

new text begin Service improvement plan. new text end

new text begin (a) A municipality or
township that determines that orderly annexation under section
414.0325 is not feasible may proceed under this section to
accomplish annexation of any unincorporated territory.
new text end

new text begin (b) Within 30 months of the proposed annexation, the
municipality must adopt a plan setting out a detailed
description of the service improvements for the unincorporated
territory to be annexed and planned to be completed within the
first 30 months after the annexation is approved.
new text end

new text begin (c) The kinds of services to be improved as a result of the
annexation include, but are not limited to, improvements to:
new text end

new text begin (1) sanitary sewer or septic system;
new text end

new text begin (2) water;
new text end

new text begin (3) roads and bridges;
new text end

new text begin (4) ditches;
new text end

new text begin (5) parks and playgrounds;
new text end

new text begin (6) police, fire, and emergency services; and
new text end

new text begin (7) mowing and snow plowing.
new text end

new text begin (d) The plan must demonstrate the fiscal stability to
complete the improvements.
new text end

new text begin (e) The detailed plan must be made readily accessible to
the public within two weeks after its adoption.
new text end

new text begin (f) Within 30 days after the plan is adopted, the adopted
service improvement plan must be presented to the county board
to determine whether, and if so, to what extent, the plan
conflicts with the overall comprehensive plan of the county.
new text end

new text begin Subd. 3. new text end

new text begin If no county conflict. new text end

new text begin If the county board
determines that there is no conflict with its comprehensive plan
under subdivision 2, the county board must so notify the
municipality, and the municipality may proceed with orderly
annexation as provided in section 414.0325.
new text end

new text begin Subd. 4. new text end

new text begin If county conflict: public hearing. new text end

new text begin If the
county board determines that a conflict exists between the
proposed service improvement plan and the county's comprehensive
plan under subdivision 2, the county board must set a public
hearing jointly with the municipality and the affected
township. The hearing must be held within 45 days of the county
board's finding of a conflict. At the hearing, members of the
public must be permitted to testify regarding the plan for
service improvements and its conflict, if any, with the county
comprehensive plan. If the county planning commission has made
a recommendation to the county board on this matter, the
recommendation of the planning commission must be made available
to the hearing participants and the public.
new text end

new text begin Subd. 5. new text end

new text begin Resolving the conflict. new text end

new text begin Following the public
hearing, the affected governmental units must attempt to resolve
the conflict, if any, between the county board's comprehensive
plan and the municipality's proposed plan for service
improvements. If resolution is agreed to by the parties, the
annexation may proceed as provided in section 414.0325.
new text end

new text begin Subd. 6. new text end

new text begin If no resolution; other remedies. new text end

new text begin If the
conflict cannot be resolved, any party may seek any other remedy
under section 414.12 to accomplish or avoid the annexation.
new text end

new text begin Subd. 7. new text end

new text begin 30 months to complete improvements. new text end

new text begin If the
annexation order is issued under section 414.0325, the complete
service improvement plan adopted by the municipality must be
finished in no more than 30 months from the date of the
annexation order.
new text end

new text begin Subd. 8. new text end

new text begin Proration of town property tax base. new text end

new text begin During the
period of up to 60 months from the time the service improvement
plan is first adopted until the service improvements are
completed, the property tax base of the unincorporated area
subject to annexation remains with the town. As each separate
service improvement is finished, the prorated amount of the
property tax base in the unincorporated territory proposed for
annexation comes under the control of the city. The proration
is based on the number of service improvements completed as a
percentage of the total number of service improvements to be
made.
new text end

new text begin Subd. 9. new text end

new text begin Remaining debt. new text end

new text begin If debt remains unpaid in any
part of the unincorporated territory that is the subject of the
annexation, the municipality may either prepay the entire
balance remaining to retire or defease the debt or reimburse the
township each year in the amount of the debt service paid for
the territory subject to the annexation during that year.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 414.031 and 414.033, are
repealed.
new text end