Powers and duties of commission to review all boundary changes--nochanges submitted to commission until April 15, 2001, exceptions,procedures--plan of intent--notice, publication of--approval ofchange, factors to be considered--commission may provide advice toproposing agents.
72.403. 1. The commission shall review all proposed boundary changesof any area wholly or partially within the county. After June 27, 2000, noboundary change or unincorporated area proposal shall be submitted to orconsidered by the commission until April 15, 2001, except forconsolidations. Any boundary change or unincorporated area proposalpending before the commission on June 27, 2000, shall be suspended on June27, 2000, and shall be further considered after April 15, 2001, only ifsuch proposal is reflected in a map plan submitted to the commissionpursuant to section 72.423, except an annexation proposal by a village witha population under three thousand five hundred where the initial publichearing will occur prior to July 1, 1999, such proposal shall continuenotwithstanding other provisions of law to the contrary. Review shallbegin no later than thirty days after the plan of intent for the boundarychange has been submitted to the commission by the proposing agent orthirty days after April 15, 2001, for boundary changes or unincorporatedarea proposals which are pending on June 27, 2000. The plan of intentshall address the criteria set forth in subsection 3 of this section. Forthe purposes of this subsection, the term "pending" means any proposalsubmitted to the commission which has not yet been approved by thecommission as a simplified annexation or approved for submission to thequalified voters of the voting jurisdictions. No simplified boundarychange involving territory already described in an annexation resolution orincorporation petition filed with the commission shall occur unless theannexation or incorporation proposal has been disapproved by the commissionor defeated by voters. If more than one proposed change is received fromthe same proposing agency, the review of each additional proposed changeshall begin not later than thirty days after the date that review wascommenced for the next preceding proposed change or thirty days afterreceipt of the proposed changes were received by the commission; exceptthat, if more than one proposed change is received by the commission fromthe same proposing agency on the same date, the commission may establishthe order of review.
2. When a boundary change proposal has been submitted to thecommission, the commission shall, within twenty-one days of receipt of suchproposal, publish notice of such proposal and the date of the publichearing thereon in at least one newspaper of general circulation qualifiedto publish legal notices. Within twenty-one days of receipt of suchproposal, the commission shall also mail written notification of suchproposal and public hearing date to the county clerk, and to the city orvillage clerk of each municipality or village, and to any other politicalsubdivision which, in the opinion of the commission, is materially affectedby the proposal. The costs of publication and notification shall be borneby the proposing agent. The commission shall hold such public hearingconcerning the proposal not less than fourteen nor more than sixty daysafter such publication and notification are complete. At such publichearing, the county, the proposing agent and affected municipalities shallbe parties, and any other interested person, corporation, or politicalsubdivision may also present evidence regarding the proposed boundarychange. A boundary change proposal which has been disapproved by thecommission and which is resubmitted with changes to the commission shall besubject to the public hearing requirement of this section, unless thecommission determines that a public hearing on the resubmitted proposal isnot necessary to achieve the objectives of sections 72.400 to 72.423.
3. In reviewing any proposed boundary change, the commission shallapprove such proposal if it finds that the boundary change will be in thebest interest of the municipality or municipalities and unincorporatedterritories affected by the proposal and the areas of the county next tosuch proposed boundary. In making its determination, the commission shallconsider the following factors:
(1) The impact, including but not limited to the impact on the taxbase or on the ability to raise revenue, of such proposal on:
(a) The area subject to the proposed boundary change and itsresidents;
(b) The existing municipality or municipalities, if any, proposingthe boundary change and the residents thereof;
(c) Adjoining areas not involved in the boundary change and theresidents thereof; and
(d) The entire geographic area of the county and its residents;
(2) A legal description of the area to be annexed, incorporated,consolidated, or subject to the transfer of jurisdiction;
(3) The creation of logical and reasonable municipal boundaries inthe county, and for such purpose the commission shall have the ability tomake additions, deletions and modifications which address legal boundaries,technical or service delivery problems or boundaries which overlap those ofother proposals; however, such additions, deletions and modifications shallnot make substantial changes to any proposed boundary petition;
(4) The present level of major services provided by the municipalityor other provider, provided to the unincorporated area by the county, andproposed to be provided by the annexing municipality or municipality to beincorporated or consolidated, including, but not limited to, policeprotection, fire protection, water and sewer systems, street maintenance,utility agreements, parks, recreation, and refuse collections;
(5) A proposed time schedule whereby the municipality or proposedmunicipality plans to provide such services to the residents of the area tobe annexed, incorporated or consolidated within three years from the datethe municipal boundary change is to become effective;
(6) The current tax rates of the areas subject to the proposal;
(7) What sources of revenue other than property tax are collected orare proposed to be collected by the municipality or proposed municipality;
(8) The extraordinary effect the boundary change will have on thedistribution of tax resources in the county;
(9) How the municipality or proposed municipality proposes to zoneany area not presently incorporated;
(10) The compactness of the area subject to such proposal;
(11) When the proposed boundary change shall become effective.
4. The provisions of section 71.910, RSMo, shall not apply to aproposing agent proceeding before the commission.
5. Nothing in sections 72.400 to 72.423 shall be construed to preventthe boundary commission or its staff from advising proposing agents onissues related to proposals. The commission may meet informally, subjectto the requirements of chapter 610, RSMo, with the representatives ofmunicipalities, other government entities or county residents with regardto future boundary changes.
Powers and duties of commission to review all boundary changes--nochanges submitted to commission until April 15, 2001, exceptions,procedures--plan of intent--notice, publication of--approval ofchange, factors to be considered--commission may provide advice toproposing agents.
72.403. 1. The commission shall review all proposed boundary changesof any area wholly or partially within the county. After June 27, 2000, noboundary change or unincorporated area proposal shall be submitted to orconsidered by the commission until April 15, 2001, except forconsolidations. Any boundary change or unincorporated area proposalpending before the commission on June 27, 2000, shall be suspended on June27, 2000, and shall be further considered after April 15, 2001, only ifsuch proposal is reflected in a map plan submitted to the commissionpursuant to section 72.423, except an annexation proposal by a village witha population under three thousand five hundred where the initial publichearing will occur prior to July 1, 1999, such proposal shall continuenotwithstanding other provisions of law to the contrary. Review shallbegin no later than thirty days after the plan of intent for the boundarychange has been submitted to the commission by the proposing agent orthirty days after April 15, 2001, for boundary changes or unincorporatedarea proposals which are pending on June 27, 2000. The plan of intentshall address the criteria set forth in subsection 3 of this section. Forthe purposes of this subsection, the term "pending" means any proposalsubmitted to the commission which has not yet been approved by thecommission as a simplified annexation or approved for submission to thequalified voters of the voting jurisdictions. No simplified boundarychange involving territory already described in an annexation resolution orincorporation petition filed with the commission shall occur unless theannexation or incorporation proposal has been disapproved by the commissionor defeated by voters. If more than one proposed change is received fromthe same proposing agency, the review of each additional proposed changeshall begin not later than thirty days after the date that review wascommenced for the next preceding proposed change or thirty days afterreceipt of the proposed changes were received by the commission; exceptthat, if more than one proposed change is received by the commission fromthe same proposing agency on the same date, the commission may establishthe order of review.
2. When a boundary change proposal has been submitted to thecommission, the commission shall, within twenty-one days of receipt of suchproposal, publish notice of such proposal and the date of the publichearing thereon in at least one newspaper of general circulation qualifiedto publish legal notices. Within twenty-one days of receipt of suchproposal, the commission shall also mail written notification of suchproposal and public hearing date to the county clerk, and to the city orvillage clerk of each municipality or village, and to any other politicalsubdivision which, in the opinion of the commission, is materially affectedby the proposal. The costs of publication and notification shall be borneby the proposing agent. The commission shall hold such public hearingconcerning the proposal not less than fourteen nor more than sixty daysafter such publication and notification are complete. At such publichearing, the county, the proposing agent and affected municipalities shallbe parties, and any other interested person, corporation, or politicalsubdivision may also present evidence regarding the proposed boundarychange. A boundary change proposal which has been disapproved by thecommission and which is resubmitted with changes to the commission shall besubject to the public hearing requirement of this section, unless thecommission determines that a public hearing on the resubmitted proposal isnot necessary to achieve the objectives of sections 72.400 to 72.423.
3. In reviewing any proposed boundary change, the commission shallapprove such proposal if it finds that the boundary change will be in thebest interest of the municipality or municipalities and unincorporatedterritories affected by the proposal and the areas of the county next tosuch proposed boundary. In making its determination, the commission shallconsider the following factors:
(1) The impact, including but not limited to the impact on the taxbase or on the ability to raise revenue, of such proposal on:
(a) The area subject to the proposed boundary change and itsresidents;
(b) The existing municipality or municipalities, if any, proposingthe boundary change and the residents thereof;
(c) Adjoining areas not involved in the boundary change and theresidents thereof; and
(d) The entire geographic area of the county and its residents;
(2) A legal description of the area to be annexed, incorporated,consolidated, or subject to the transfer of jurisdiction;
(3) The creation of logical and reasonable municipal boundaries inthe county, and for such purpose the commission shall have the ability tomake additions, deletions and modifications which address legal boundaries,technical or service delivery problems or boundaries which overlap those ofother proposals; however, such additions, deletions and modifications shallnot make substantial changes to any proposed boundary petition;
(4) The present level of major services provided by the municipalityor other provider, provided to the unincorporated area by the county, andproposed to be provided by the annexing municipality or municipality to beincorporated or consolidated, including, but not limited to, policeprotection, fire protection, water and sewer systems, street maintenance,utility agreements, parks, recreation, and refuse collections;
(5) A proposed time schedule whereby the municipality or proposedmunicipality plans to provide such services to the residents of the area tobe annexed, incorporated or consolidated within three years from the datethe municipal boundary change is to become effective;
(6) The current tax rates of the areas subject to the proposal;
(7) What sources of revenue other than property tax are collected orare proposed to be collected by the municipality or proposed municipality;
(8) The extraordinary effect the boundary change will have on thedistribution of tax resources in the county;
(9) How the municipality or proposed municipality proposes to zoneany area not presently incorporated;
(10) The compactness of the area subject to such proposal;
(11) When the proposed boundary change shall become effective.
4. The provisions of section 71.910, RSMo, shall not apply to aproposing agent proceeding before the commission.
5. Nothing in sections 72.400 to 72.423 shall be construed to preventthe boundary commission or its staff from advising proposing agents onissues related to proposals. The commission may meet informally, subjectto the requirements of chapter 610, RSMo, with the representatives ofmunicipalities, other government entities or county residents with regardto future boundary changes.
Powers and duties of commission to review all boundary changes--nochanges submitted to commission until April 15, 2001, exceptions,procedures--plan of intent--notice, publication of--approval ofchange, factors to be considered--commission may provide advice toproposing agents.
72.403. 1. The commission shall review all proposed boundary changesof any area wholly or partially within the county. After June 27, 2000, noboundary change or unincorporated area proposal shall be submitted to orconsidered by the commission until April 15, 2001, except forconsolidations. Any boundary change or unincorporated area proposalpending before the commission on June 27, 2000, shall be suspended on June27, 2000, and shall be further considered after April 15, 2001, only ifsuch proposal is reflected in a map plan submitted to the commissionpursuant to section 72.423, except an annexation proposal by a village witha population under three thousand five hundred where the initial publichearing will occur prior to July 1, 1999, such proposal shall continuenotwithstanding other provisions of law to the contrary. Review shallbegin no later than thirty days after the plan of intent for the boundarychange has been submitted to the commission by the proposing agent orthirty days after April 15, 2001, for boundary changes or unincorporatedarea proposals which are pending on June 27, 2000. The plan of intentshall address the criteria set forth in subsection 3 of this section. Forthe purposes of this subsection, the term "pending" means any proposalsubmitted to the commission which has not yet been approved by thecommission as a simplified annexation or approved for submission to thequalified voters of the voting jurisdictions. No simplified boundarychange involving territory already described in an annexation resolution orincorporation petition filed with the commission shall occur unless theannexation or incorporation proposal has been disapproved by the commissionor defeated by voters. If more than one proposed change is received fromthe same proposing agency, the review of each additional proposed changeshall begin not later than thirty days after the date that review wascommenced for the next preceding proposed change or thirty days afterreceipt of the proposed changes were received by the commission; exceptthat, if more than one proposed change is received by the commission fromthe same proposing agency on the same date, the commission may establishthe order of review.
2. When a boundary change proposal has been submitted to thecommission, the commission shall, within twenty-one days of receipt of suchproposal, publish notice of such proposal and the date of the publichearing thereon in at least one newspaper of general circulation qualifiedto publish legal notices. Within twenty-one days of receipt of suchproposal, the commission shall also mail written notification of suchproposal and public hearing date to the county clerk, and to the city orvillage clerk of each municipality or village, and to any other politicalsubdivision which, in the opinion of the commission, is materially affectedby the proposal. The costs of publication and notification shall be borneby the proposing agent. The commission shall hold such public hearingconcerning the proposal not less than fourteen nor more than sixty daysafter such publication and notification are complete. At such publichearing, the county, the proposing agent and affected municipalities shallbe parties, and any other interested person, corporation, or politicalsubdivision may also present evidence regarding the proposed boundarychange. A boundary change proposal which has been disapproved by thecommission and which is resubmitted with changes to the commission shall besubject to the public hearing requirement of this section, unless thecommission determines that a public hearing on the resubmitted proposal isnot necessary to achieve the objectives of sections 72.400 to 72.423.
3. In reviewing any proposed boundary change, the commission shallapprove such proposal if it finds that the boundary change will be in thebest interest of the municipality or municipalities and unincorporatedterritories affected by the proposal and the areas of the county next tosuch proposed boundary. In making its determination, the commission shallconsider the following factors:
(1) The impact, including but not limited to the impact on the taxbase or on the ability to raise revenue, of such proposal on:
(a) The area subject to the proposed boundary change and itsresidents;
(b) The existing municipality or municipalities, if any, proposingthe boundary change and the residents thereof;
(c) Adjoining areas not involved in the boundary change and theresidents thereof; and
(d) The entire geographic area of the county and its residents;
(2) A legal description of the area to be annexed, incorporated,consolidated, or subject to the transfer of jurisdiction;
(3) The creation of logical and reasonable municipal boundaries inthe county, and for such purpose the commission shall have the ability tomake additions, deletions and modifications which address legal boundaries,technical or service delivery problems or boundaries which overlap those ofother proposals; however, such additions, deletions and modifications shallnot make substantial changes to any proposed boundary petition;
(4) The present level of major services provided by the municipalityor other provider, provided to the unincorporated area by the county, andproposed to be provided by the annexing municipality or municipality to beincorporated or consolidated, including, but not limited to, policeprotection, fire protection, water and sewer systems, street maintenance,utility agreements, parks, recreation, and refuse collections;
(5) A proposed time schedule whereby the municipality or proposedmunicipality plans to provide such services to the residents of the area tobe annexed, incorporated or consolidated within three years from the datethe municipal boundary change is to become effective;
(6) The current tax rates of the areas subject to the proposal;
(7) What sources of revenue other than property tax are collected orare proposed to be collected by the municipality or proposed municipality;
(8) The extraordinary effect the boundary change will have on thedistribution of tax resources in the county;
(9) How the municipality or proposed municipality proposes to zoneany area not presently incorporated;
(10) The compactness of the area subject to such proposal;
(11) When the proposed boundary change shall become effective.
4. The provisions of section 71.910, RSMo, shall not apply to aproposing agent proceeding before the commission.
5. Nothing in sections 72.400 to 72.423 shall be construed to preventthe boundary commission or its staff from advising proposing agents onissues related to proposals. The commission may meet informally, subjectto the requirements of chapter 610, RSMo, with the representatives ofmunicipalities, other government entities or county residents with regardto future boundary changes.
