SF 2681

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

A bill for an act
relating to local government; providing for incorporation in certain
circumstances; prohibiting annexation in certain circumstances; amending
Minnesota Statutes 2004, sections 414.02, by adding a subdivision; 414.031, by
adding a subdivision; 414.033, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 414.02, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Shall order incorporation. new text end

new text begin Notwithstanding any contrary provision in
subdivision 3, the director must order incorporation of the area requested in the petition if
the director determines that:
new text end

new text begin (1) the town is an urban town located in the metropolitan area defined in section
473.121; and
new text end

new text begin (2) at the time the petition was filed: (i) the town was providing urban services to the
areas developed for commercial or industrial use, whether directly or through contract or
joint powers agreement with another municipality or town, including sewer and water; or
(ii) the town??a??a??s adopted comprehensive plan includes a plan to provide urban services, such
as sewer and water, to areas planned for commercial or industrial development, whether
directly or through contract or joint powers agreement with another municipality or town.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 414.031, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Annexation prohibited. new text end

new text begin Notwithstanding anything to the contrary in
subdivision 4, the director must not order annexation if the director determines that:
new text end

new text begin (1) the town is an urban town located in the metropolitan area defined in section
473.121; and
new text end

new text begin (2) at the time the petition was filed: (i) the town was providing urban services,
including sewer and water, whether directly or through contract or joint powers agreement
with another municipality or town, to commercial or industrial areas if the petition is
for annexation of the entire town, or to the area proposed to be annexed if less than the
entire town; or (ii) the town??a??a??s adopted comprehensive plan includes a plan to provide
urban services, including sewer and water, whether directly or through contract or joint
powers agreement with another municipality or town, to areas planned for commercial or
industrial development if the petition is for annexation of the entire town, or to the area
proposed to be annexed if less than the entire town.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2004, section 414.033, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Annexation not approved. new text end

new text begin The director must not approve an annexation
by ordinance under subdivision 2, clause (3), if the director determines that:
new text end

new text begin (1) the town is an urban town located in the metropolitan area defined in section
473.121; and
new text end

new text begin (2) at the time the petition was filed, the town was providing urban services,
including sewer and water, to the area proposed to be annexed, whether directly or through
a contract or joint powers agreement with another municipality or town.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end