SF 2646

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to local government; providing procedures and 
  1.3             criteria for municipal annexation of unincorporated 
  1.4             land; amending Minnesota Statutes 1994, sections 
  1.5             414.031, by adding a subdivision; 414.0325, 
  1.6             subdivision 1; and 414.033, subdivision 2a; proposing 
  1.7             coding for new law in Minnesota Statutes, chapter 414. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 414.031, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 5a.  [ANNEXATION ELECTION.] Where the proceeding for 
  1.12  annexation has been initiated by petition of a majority of the 
  1.13  property owners within the area to be annexed or when the board 
  1.14  has assumed jurisdiction under subdivision 1, clause (d), and 
  1.15  orders that the entire township named in the resolution be 
  1.16  annexed to the city named in the resolution, no referendum shall 
  1.17  be required.  In all other instances, at least ten days before 
  1.18  submitting a resolution to the executive director, the 
  1.19  municipality shall provide mailed notice to the property owners 
  1.20  of the area proposed for annexation.  The notice shall set forth 
  1.21  the boundaries of the territory proposed for annexation, the 
  1.22  reasons for the annexation, the date on which the resolution 
  1.23  will be submitted to the executive director, and a clear 
  1.24  explanation of the right to petition for an election on the 
  1.25  proposed annexation and the petition requirements.  Ten days' 
  1.26  published notice shall also be provided in a qualified newspaper 
  2.1   of general circulation in the area proposed for annexation.  
  2.2   Proof by affidavit that the required mailed and published 
  2.3   notices were provided shall be submitted with the resolution to 
  2.4   the executive director.  If a petition of at least 35 percent of 
  2.5   the property owners or 100 property owners, whichever is less, 
  2.6   is submitted to the executive director within 60 days of the 
  2.7   date on which the resolution was submitted, an election shall be 
  2.8   held on the annexation.  The board shall fix a day not less than 
  2.9   20 days, nor more than 90 days after verification of the 
  2.10  petition, when an election shall be held at a place designated 
  2.11  by the board within the area determined by the board to be 
  2.12  primarily and substantially interested in or affected by the 
  2.13  proposed annexation.  The executive director shall cause a copy 
  2.14  of the resolution, including the notice of the election, to be 
  2.15  posted not less than 20 days before the election in three public 
  2.16  places in the area, and shall cause notice of the election to be 
  2.17  published for two successive weeks in a qualified newspaper of 
  2.18  general circulation in the area.  The board shall appoint the 
  2.19  necessary election judges from voters resident in the area and 
  2.20  shall supervise them in their duties.  The board shall designate 
  2.21  the polling place or places, using so far as possible the usual 
  2.22  place or places.  The polls shall be open at least 13 hours and 
  2.23  until at least 8:00 p.m.  The judges shall conduct the election 
  2.24  so far as practical in accordance with the laws regulating 
  2.25  special elections.  Only 
  2.26     (1) eligible voters described in chapter 201 and 
  2.27     (2) other property owners 
  2.28  within the area designated by the board as primarily and 
  2.29  substantially interested in or affected by the proposed 
  2.30  annexation shall be entitled to vote.  The ballot shall bear the 
  2.31  words "For Annexation" and "Against Annexation" with a square 
  2.32  before each of the phrases, in one of which the voter shall make 
  2.33  a cross to express a choice.  The ballots and election supplies 
  2.34  shall be provided and the election judges shall be paid by the 
  2.35  annexing municipality and the affected township in equal 
  2.36  shares.  Immediately upon completion of the counting of the 
  3.1   ballots, the judges of the election shall make a signed and 
  3.2   verified certificate declaring the time and place of holding the 
  3.3   election, that they have canvassed the ballots cast, and the 
  3.4   number cast both for and against the proposition, and they shall 
  3.5   then file the certificate with the executive director of the 
  3.6   board.  If the certificate shows the majority of the votes cast 
  3.7   were "For Annexation," the executive director shall designate a 
  3.8   time and place for a hearing in accordance with section 414.09.  
  3.9   If a majority of the votes were cast "Against Annexation," the 
  3.10  board shall not consider the resolution.  If the annexation is 
  3.11  denied, or if it is defeated in the referendum, no proceeding 
  3.12  for the annexation of substantially the same area may be 
  3.13  initiated within two years from the date of the board's order or 
  3.14  certification of the election results, unless the proceeding is 
  3.15  initiated by a majority of the area's property owners and the 
  3.16  petition is supported by any abutting townships and 
  3.17  municipalities.  The executive director shall upon receipt of 
  3.18  the certificate notify all parties of record of the election 
  3.19  results.  
  3.20     Sec. 2.  Minnesota Statutes 1994, section 414.0325, 
  3.21  subdivision 1, is amended to read: 
  3.22     Subdivision 1.  [INITIATING THE PROCEEDING.] One or more 
  3.23  townships and one or more municipalities, by joint resolution, 
  3.24  may designate an unincorporated area as in need of orderly 
  3.25  annexation and may confer jurisdiction on the board over 
  3.26  annexations in the designated area and over the various 
  3.27  provisions in said agreement by submission of said joint 
  3.28  resolution to the executive director.  The resolution shall 
  3.29  include a description of the designated area.  Thereafter, an 
  3.30  annexation of any part of the designated area may be initiated 
  3.31  by submitting to the executive director a resolution of any 
  3.32  signatory to the joint resolution or by the board of its own 
  3.33  motion.  Whenever the pollution control agency or other state 
  3.34  agency pursuant to sections 115.03, 115.071, 115.49, or any law 
  3.35  giving a state agency similar powers, orders a municipality to 
  3.36  extend a municipal service to a designated unincorporated area, 
  4.1   such an order will confer jurisdiction on the Minnesota 
  4.2   municipal board to consider designation of the area for orderly 
  4.3   annexation.  
  4.4      If a joint resolution designates an area as in need of 
  4.5   orderly annexation and states that no alteration of its stated 
  4.6   boundaries is appropriate, the board may review and comment, but 
  4.7   may not alter the boundaries.  
  4.8      If a joint resolution designates an area as in need of 
  4.9   orderly annexation, provides for the conditions for its 
  4.10  annexation, and states that no consideration by the board is 
  4.11  necessary, the board may review and comment, but shall, within 
  4.12  30 days, order the annexation in accordance with the terms of 
  4.13  the resolution. 
  4.14     Sec. 3.  [414.0327] [ORDERED SERVICES; ANNEXATION.] 
  4.15     Subdivision 1.  [ORDERED SERVICES.] Whenever the pollution 
  4.16  control agency or other state agency pursuant to section 115.03, 
  4.17  115.071, 115.49, or any law giving a state agency similar 
  4.18  powers, orders a municipality to extend a municipal service to a 
  4.19  designated unincorporated area, the municipality may annex land 
  4.20  within the designated service area as provided in this section. 
  4.21     Subd. 2.  [AGENCY PLAN.] The state agency ordering the 
  4.22  extension of services shall develop a plan that, at a minimum, 
  4.23  identifies the services to be provided, establishes service 
  4.24  districts within the designated service area that reflect the 
  4.25  immediacy of the need for the services, and sets dates by which 
  4.26  the services shall be extended to all properties within the 
  4.27  individual service districts.  In developing the plan, the 
  4.28  agency shall determine the capability of the municipality to 
  4.29  deliver the services within the designated service area. 
  4.30     Subd. 3.  [ANNEXATION BY ORDINANCE.] Within 15 months of 
  4.31  the date identified in the agency plan for the extension of 
  4.32  services to a particular service district, the municipality may 
  4.33  by ordinance declare the land within the service district 
  4.34  annexed to the municipality.  Before a municipality may adopt an 
  4.35  ordinance it must hold a public hearing after providing 30 days' 
  4.36  written notice by certified mail to the affected township and to 
  5.1   all landowners within and contiguous to the area to be annexed.  
  5.2   The municipality and township may mutually agree to an earlier 
  5.3   annexation of land within the designated service area. 
  5.4      Subd. 4.  [SURROUNDING AREA.] After the effective date of 
  5.5   the extension order and completion of the agency plan, the 
  5.6   Minnesota municipal board shall facilitate discussions between 
  5.7   the municipality and the township to determine whether 
  5.8   developing an orderly annexation agreement for the area between 
  5.9   the municipality and the designated service area and the area 
  5.10  adjacent to the designated service area is necessary.  No 
  5.11  annexation may occur within the area between or adjacent to the 
  5.12  designated service area within one year of the initiation of the 
  5.13  discussion on the feasibility of orderly annexation.  If the 
  5.14  municipality and township are not able to reach a determination 
  5.15  on orderly annexation within one year, the municipality may seek 
  5.16  annexation of the area between and adjacent to the designated 
  5.17  service area by board order pursuant to section 414.031.  Lands 
  5.18  adjacent to the designated service area shall not be annexed 
  5.19  under section 414.033 unless the municipality and township 
  5.20  mutually agree to the annexation by joint resolution. 
  5.21     Sec. 4.  Minnesota Statutes 1994, section 414.033, 
  5.22  subdivision 2a, is amended to read: 
  5.23     Subd. 2a.  [MUNICIPALITY MAY ANNEX.] Notwithstanding the 
  5.24  abutting requirement of subdivision 1, if land is owned by a 
  5.25  municipality or if all of the landowners petition for 
  5.26  annexation, and the land is within an existing orderly 
  5.27  annexation area as provided by section 414.0325, then the 
  5.28  municipality may declare the land annexed, provided that all 
  5.29  conditions of annexation contained in the existing orderly 
  5.30  annexation agreement have been met.  This municipal action does 
  5.31  not otherwise affect the other may not contradict nor otherwise 
  5.32  disrupt the terms and conditions of existing orderly annexation 
  5.33  agreements entered into pursuant to section 414.0325.