SF 2972

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 30 months or less 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, new text end new text begin are repealed.
new text end