HF 436

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; providing for 
  1.3             alternative annexation procedures for cities in 
  1.4             certain cases; proposing coding for new law as 
  1.5             Minnesota Statutes, chapter 414A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [414A.01] [AUTHORITY TO ANNEX.] 
  1.8      In addition to any other means authorized by law, the city 
  1.9   council may annex territory under the applicable procedures 
  1.10  contained in this chapter. 
  1.11     Sec. 2.  [414A.02] [ANNEXATION OF CONTIGUOUS AREA BY 
  1.12  PROPERTY OWNER PETITION.] 
  1.13     Subdivision 1.  [PETITION.] If owners of property 
  1.14  contiguous to a city petition the city to annex the property, 
  1.15  the city council of the city may pass an ordinance annexing the 
  1.16  property.  The petition must be signed and have the address of 
  1.17  each owner. 
  1.18     Subd. 2.  [FORM.] The petition must be prepared in 
  1.19  substantially the following form: 
  1.20     Date:  ............................................... 
  1.21     To the city council of the city of 
  1.22  ...........................................................: 
  1.23     (1) We the undersigned owners of real property respectfully 
  1.24  request that the area described in clause (2) herein be annexed 
  1.25  to the city of ............................................; 
  2.1      (2) The area to be annexed is contiguous to the city of 
  2.2   ..................................., and the boundaries of the 
  2.3   subject area are described as follows: 
  2.4   .................................................................
  2.5   .................................................................
  2.6   ...............................................................; 
  2.7      (3) Signature, printed name, and address of each property 
  2.8   owner. 
  2.9      Subd. 3.  [NOTICE AND PUBLIC HEARING.] (a) Upon receipt of 
  2.10  a petition, the city shall review the petition and investigate 
  2.11  whether annexation of the area should proceed considering city 
  2.12  land use plans and provision of services.  After receipt and 
  2.13  review of a petition and if the city intends to proceed with 
  2.14  formal consideration of the petition, the city shall fix a date 
  2.15  for a public hearing on the question of annexation.  The city 
  2.16  shall see that notice of the public hearing is published once in 
  2.17  a newspaper having general circulation in the city at least ten 
  2.18  days before the date of the public hearing.  The city shall also 
  2.19  post notice of the public hearing and provide written notice to 
  2.20  the town clerk of the township in which the area proposed for 
  2.21  annexation is located, and to all property owners within and 
  2.22  contiguous to the area proposed for annexation.  Notice to the 
  2.23  town clerk and property owners within and contiguous to the area 
  2.24  proposed for annexation shall occur not less than 30 days before 
  2.25  the public hearing. 
  2.26     (b) At the public hearing, all persons appearing shall have 
  2.27  an opportunity to be heard.  If the city council, after hearing 
  2.28  recommendations from city staff and testimony at the public 
  2.29  hearing, determines that annexation is appropriate, is 
  2.30  consistent with city land use plans, and that the city can 
  2.31  provide services to the area proposed for annexation, the city 
  2.32  council may adopt the annexation ordinance after the conclusion 
  2.33  of the public hearing or at a subsequent city council meeting.  
  2.34  The annexation is effective on the date stated in the 
  2.35  ordinance.  The city council may make the annexation ordinance 
  2.36  effective immediately or on any specified date within six months 
  3.1   from the date of passage of the ordinance. 
  3.2      (c) After adoption and enactment of an annexation 
  3.3   ordinance, the city shall file the annexation ordinance with the 
  3.4   office of strategic and long-range planning, or its successor.  
  3.5   Within 30 days of receipt, the office of strategic and 
  3.6   long-range planning shall issue an order in accordance with the 
  3.7   annexation ordinance annexing the area described in the 
  3.8   annexation ordinance. 
  3.9      Sec. 2.  [414A.03] [ANNEXATION OF NONCONTIGUOUS AREA BY 
  3.10  PROPERTY OWNER PETITION.] 
  3.11     Subdivision 1.  [PETITION.] Upon receipt of a valid 
  3.12  petition signed by all the owners of real property in the area 
  3.13  described in the petition, a city may annex an area not 
  3.14  contiguous to its corporate limits if the area meets the 
  3.15  standards set out in subdivision 3 of this section. 
  3.16     Subd. 2.  [FORM.] The petition must be prepared in 
  3.17  substantially the following form: 
  3.18     Date:  ............................................... 
  3.19     To the city council of the city of 
  3.20  ...........................................................: 
  3.21     (1) We the undersigned owners of real property respectfully 
  3.22  request that the area described in clause (2) herein be annexed 
  3.23  to the city of ............................................; 
  3.24     (2) The boundaries of the subject area are described as 
  3.25  follows: 
  3.26  .................................................................
  3.27  .................................................................
  3.28  ...............................................................; 
  3.29     (3) Signature, printed name, and address of each property 
  3.30  owner. 
  3.31     Subd. 3.  [NONCONTIGUOUS AREA.] A noncontiguous area 
  3.32  proposed for annexation must meet all of the following standards:
  3.33     (1) the nearest point on the proposed noncontiguous area is 
  3.34  not more than three miles from the corporate limits of the city; 
  3.35     (2) no point on the proposed noncontiguous area is closer 
  3.36  to the corporate limits of another city than to the corporate 
  4.1   limits of the annexing city; and 
  4.2      (3) the area is so situated that the annexing city will be 
  4.3   able to provide services within the proposed noncontiguous area. 
  4.4      Subd. 4.  [NOTICE AND PUBLIC HEARING.] (a) Upon receipt of 
  4.5   a petition, the city shall review the petition and investigate 
  4.6   whether annexation of the area should proceed considering city 
  4.7   land use plans and provision of services.  After receipt and 
  4.8   review of a petition and if the city intends to proceed with 
  4.9   formal consideration of the petition, the city shall fix a date 
  4.10  for a public hearing on the question of annexation.  The city 
  4.11  shall see that notice of the public hearing is published once in 
  4.12  a newspaper having general circulation in the city at least ten 
  4.13  days before the date of the public hearing.  The city shall also 
  4.14  post notice of the public hearing and provide written notice to 
  4.15  the town clerk of the township in which the area proposed for 
  4.16  annexation is located, and to all property owners within and 
  4.17  contiguous to the area proposed for annexation.  Notice to the 
  4.18  town clerk and property owners within and contiguous to the area 
  4.19  proposed for annexation shall occur not less than 30 days before 
  4.20  the public hearing. 
  4.21     (b) At the public hearing, all persons appearing shall have 
  4.22  an opportunity to be heard.  If the city council, after hearing 
  4.23  recommendations from city staff and testimony at the public 
  4.24  hearing, determines that annexation is appropriate, is 
  4.25  consistent with city land use plans, and that the city can 
  4.26  provide services to the area proposed for annexation and makes 
  4.27  findings in accordance with subdivision 3, the city council may 
  4.28  adopt the annexation ordinance after the conclusion of the 
  4.29  public hearing or at a subsequent city council meeting.  The 
  4.30  annexation is effective on the date stated in the ordinance.  
  4.31  The city council may make the annexation ordinance effective 
  4.32  immediately or on any specified date within six months from the 
  4.33  date of passage of the ordinance. 
  4.34     (c) After adoption and enactment of an annexation 
  4.35  ordinance, the city shall file the annexation ordinance with the 
  4.36  office of strategic and long-range planning, or its successor.  
  5.1   Within 30 days of receipt, the office of strategic and 
  5.2   long-range planning shall issue an order in accordance with the 
  5.3   annexation ordinance annexing the area described in the 
  5.4   annexation ordinance. 
  5.5      Sec. 3.  [414A.03] [PROCEDURE FOR CITY TO ANNEX 
  5.6   UNINCORPORATED AREA BY ORDINANCE.] 
  5.7      Subdivision 1.  [AUTHORITY.] The city council may extend 
  5.8   the city limits and annex an unincorporated area abutting the 
  5.9   city in accordance with the procedures contained in this section.
  5.10     Subd. 2.  [RESOLUTION OF CONSIDERATION.] (a) For a city to 
  5.11  initiate an annexation by ordinance under this section, the city 
  5.12  council must adopt a resolution of consideration.  The 
  5.13  resolution of consideration shall be filed with the county clerk 
  5.14  and town clerk of the county and township in which the property 
  5.15  under consideration for annexation is located at least 180 days 
  5.16  before the city may enact an annexation ordinance. 
  5.17     (b) The resolution of consideration must include a 
  5.18  resolution adopted by the city council stating its intent to 
  5.19  consider annexation of unincorporated area abutting the city.  
  5.20  The resolution of consideration must include a description of 
  5.21  the area being considered for possible annexation and a map of 
  5.22  that area.  The resolution of consideration is intended to 
  5.23  provide notice to affected local governments and property owners 
  5.24  that the city is considering annexation of a described area and 
  5.25  that the city will be conducting an investigation and developing 
  5.26  a report and recommendations regarding the question of 
  5.27  annexation. 
  5.28     (c) During the 180-day period for consideration and 
  5.29  investigation of the question of annexation, the city council 
  5.30  and town board are encouraged to work cooperatively in the 
  5.31  investigation and development of the report required in 
  5.32  subdivision 3.  The city and township are encouraged to also 
  5.33  consider other long-term planning, growth, and service 
  5.34  arrangements, including, but not limited to, development of an 
  5.35  orderly annexation agreement according to section 414.0325. 
  5.36     Subd. 3.  [COMPREHENSIVE PLAN AND URBAN CHARACTERISTICS AND 
  6.1   SERVICE REPORT.] (a) After adoption of a resolution of 
  6.2   consideration and before the city may enact an annexation 
  6.3   ordinance under this section, the city must update its 
  6.4   comprehensive land use plan to include the area under 
  6.5   consideration for annexation. 
  6.6      (b) After adoption of a resolution of consideration and 
  6.7   before the city may enact an annexation ordinance under this 
  6.8   section, the city must prepare a report detailing the urban 
  6.9   characteristics of and the plan for provision of urban services 
  6.10  to the area under consideration for annexation.  
  6.11     (c) The urban characteristics and service report must 
  6.12  include the following: 
  6.13     (1) a map showing the area proposed for annexation and its 
  6.14  relation to current city boundaries; 
  6.15     (2) a map showing proposed service provision for water or 
  6.16  sewer service, or for both, within the area proposed for 
  6.17  annexation, if applicable; 
  6.18     (3) a description of the general physical land use pattern, 
  6.19  current and proposed land uses, current and proposed land use 
  6.20  controls, service needs, projected growth, environmental issues, 
  6.21  and transportation issues within the area proposed for 
  6.22  annexation; 
  6.23     (4) a service provision plan; and 
  6.24     (5) if a proposed annexation would result in the annexation 
  6.25  of 25 percent or more of the land area or population of the 
  6.26  township, a plan for annexed property owners to participate in 
  6.27  all subsequent city council elections.  
  6.28     (d) The service plan, referred to in paragraph (c), clause 
  6.29  (4), at a minimum, must consider the following:  
  6.30     (1) extension of police, fire, administrative, parks and 
  6.31  recreation, and street maintenance and improvement services to 
  6.32  the area proposed for annexation; and 
  6.33     (2) if extension of major services such as water, 
  6.34  stormwater, or sewer services are to be provided to the area 
  6.35  proposed for annexation, the plan for extension and financing of 
  6.36  such major services, including cost estimates for such services 
  7.1   and the projected timetable for construction. 
  7.2      (e) The participation plan, referred to in paragraph (c), 
  7.3   clause (5), if developed, may include a plan for reapportioning 
  7.4   wards and must provide for property owner participation in the 
  7.5   city election process to the same extent that current residents 
  7.6   of the city can participate in that election process. 
  7.7      (f) The updated comprehensive plan of the city and the 
  7.8   urban characteristics and service report required by this 
  7.9   subdivision must be completed and be available to the public for 
  7.10  inspection and copying at least 30 days before a public hearing 
  7.11  is held under subdivision 5 on the question of annexation.  A 
  7.12  copy of the updated comprehensive plan and urban characteristics 
  7.13  and service report shall be mailed to the county clerk and town 
  7.14  clerk at least 30 days before a public hearing is held under 
  7.15  subdivision 5 on the question of annexation. 
  7.16     Subd. 4.  [REQUEST FOR INCLUSION.] At any time before 
  7.17  enactment of an annexation ordinance, a property owner or owners 
  7.18  contiguous to the area proposed for annexation may make a 
  7.19  written request to the city for inclusion of the property within 
  7.20  the annexation area. 
  7.21     Subd. 5.  [NOTICE AND PUBLIC HEARING.] (a) After completion 
  7.22  of the report required in subdivision 3, the city shall fix a 
  7.23  date for a public hearing on the question of annexation.  The 
  7.24  city shall see that notice of the public hearing is published 
  7.25  once in a newspaper having general circulation in the city at 
  7.26  least ten days before the date of the public hearing.  The city 
  7.27  shall also post notice of the public hearing and provide written 
  7.28  notice to the town clerk of the township in which the area 
  7.29  proposed for annexation is located, and to all property owners 
  7.30  within and contiguous to the area proposed for annexation.  
  7.31  Notice to the town clerk and property owners within and 
  7.32  contiguous to the area proposed for annexation shall occur not 
  7.33  less than 30 days before the public hearing. 
  7.34     (b) At the public hearing, the city shall present its 
  7.35  findings and recommendations and hear public testimony on the 
  7.36  question of annexation.  All persons appearing shall have an 
  8.1   opportunity to be heard. 
  8.2      (c) Before enacting an annexation ordinance, the city 
  8.3   council must make the following findings: 
  8.4      (1) the area proposed for annexation is contiguous to the 
  8.5   city's boundary at the time the annexation proceeding was begun; 
  8.6      (2) no part of the area proposed for annexation is included 
  8.7   within the boundary of another incorporated city; 
  8.8      (3) at least 40 percent of the total number of existing 
  8.9   lots in the area proposed for annexation are developed or are 
  8.10  proposed to be developed with commercial, industrial, 
  8.11  residential, governmental, or institutional uses and at least 40 
  8.12  percent of the developed or developable lots have an average lot 
  8.13  size of 20 acres or less; 
  8.14     (4) annexation of the area proposed for annexation is 
  8.15  consistent with the city's comprehensive development plan; and 
  8.16     (5) the city is capable of providing services in a timely 
  8.17  manner consistent with its urban service plan. 
  8.18     (d) If the city council makes findings consistent with 
  8.19  paragraph (c), the city council may adopt an annexation 
  8.20  ordinance after the conclusion of the public hearing or at a 
  8.21  subsequent city council meeting annexing the area proposed for 
  8.22  annexation.  The annexation is effective on the date stated in 
  8.23  the ordinance.  The city council may make the annexation 
  8.24  ordinance effective immediately or on any specified date within 
  8.25  six months from the date of passage of the ordinance. 
  8.26     (e) After adoption and enactment of an annexation 
  8.27  ordinance, the city shall file the annexation ordinance with the 
  8.28  office of strategic and long-range planning, or its successor.  
  8.29  Within 30 days of receipt, the office of strategic and 
  8.30  long-range planning shall issue an order in accordance with the 
  8.31  annexation ordinance annexing the area described in the 
  8.32  annexation ordinance. 
  8.33     Subd. 6.  [SIMULTANEOUS ANNEXATION PROCEEDINGS.] A city may 
  8.34  consider the annexation of two or more areas that are contiguous 
  8.35  to the city, but are not contiguous to one another, and may 
  8.36  undertake simultaneous proceedings under this section to annex 
  9.1   the subject areas. 
  9.2      Subd. 7.  [FAILURE TO PROVIDE SERVICES; RELIEF.] (a) 
  9.3   Planned urban services under subdivision 3 must be provided 
  9.4   within the area proposed for annexation within three years of 
  9.5   the effective date of annexation contained in the annexation 
  9.6   ordinance. 
  9.7      (b) A property owner or owners within the annexed area who 
  9.8   believe the city has failed to provide services in accordance 
  9.9   with the urban service plan provided in subdivision 3 within 
  9.10  three years of the effective date of annexation, may apply for a 
  9.11  writ of mandamus to district court under section 586.01.  Relief 
  9.12  may be granted by the district court to order the city to 
  9.13  provide the service consistent with the urban characteristics 
  9.14  and service report provided in subdivision 3.  If a writ is 
  9.15  issued, costs in the action, including a reasonable attorney's 
  9.16  fee for the aggrieved person, may be charged to the city.