Boundary changes, approval or disapproval--commission may modifyproposal--minor corrections allowed, when--simplified boundarychange, procedure--noncontiguous boundary changes, requiredproposals--prohibited boundary changes, exception--proposing agentmay modify proposal--commission may defer final action until afterelection, when.
72.405. 1. For any proposed boundary change submitted after August28, 1995, the commission shall issue a finding approving or disapprovingsuch proposals within nine months after such submittal, except that finalaction may be deferred on part or all of a boundary change proposal whennecessary to accommodate an overlapping boundary change or unincorporatedarea proposal as more particularly provided in subsection 10 of thissection. If the commission finds in favor of a proposed boundary change,it shall submit the question to the voters residing within the areassubject to the proposed boundary change, except as provided in subsection 6of this section.
2. If a boundary change is proposed by a municipality or the countyand if the commission finds against the proposed boundary change submittedby a municipality or the county, it shall disapprove the boundary changeproposal. In disapproving any boundary change proposal, the commissionshall issue a document indicating the reasons such proposal wasdisapproved. No election shall be held on any such proposal not approvedby the commission.
3. If the boundary change is an incorporation proposed pursuant to apetition, the commission may make such changes in the proposal as it findswould result in an acceptable proposal, such changes to include but not belimited to additions, deletions or the modification of a proposal whichcontains boundaries which overlap those boundaries contained in any otherproposal. After submittal, the commission may allow the proposing agent tomake minor additions, deletions or modifications which do not substantiallyalter the proposal. When reviewing more than one boundary change proposalmade by petition, the commission may consolidate two or more unincorporatedareas into one proposed boundary change. Any changes made by thecommission shall meet the criteria established pursuant to section 72.403.
4. Where a proposal submitted by a municipality, the county or by apetition, contains more than two voting jurisdictions, the commission mayprovide for approval of a boundary change comprising only thosemunicipalities and unincorporated area where a majority of voters approvethe boundary change if the resulting municipality would meet the criteriaestablished pursuant to section 72.403.
5. If a boundary change is proposed by a municipality or the countyand the commission determines that there is a minor error or discrepancy inthe legal descriptions of the areas subject to the proposal as submitted bythe municipality or county, then the commission with the concurrence of theproposing agent may make such changes to the proposal as are necessary torectify the error in the legal description.
6. A simplified boundary change may be proposed by:
(1) A verified petition signed by seventy-five percent of theregistered voters within the area proposed to be annexed which ispredominately residential in character and has an average residentialdensity of not less than one dwelling per three acres which is filed by theannexing municipality; or
(2) Two municipalities for a transfer of jurisdiction between them ora municipality and the county for a transfer of jurisdiction between amunicipality and the county.
Within twenty-one days of receipt of a proposal pursuant to thissubsection, the commission shall publish notice of such proposal and thedate of the public hearing thereon in at least one newspaper of generalcirculation qualified to publish legal notices. The commission shall,within twenty-one days of receipt of such proposal, mail writtennotification of such proposal and the date of the public hearing thereon tothe county clerk, and to the city or village clerk of each municipality orvillage, and to any other political subdivision which, in the opinion ofthe commission, is materially affected by such proposal. The commissionshall hold a public hearing concerning the matter not less than fourteennor more than sixty days after such publication and notification iscomplete. At the public hearing any interested person, corporation orpolitical subdivision may present evidence regarding the proposed boundarychange. Within four months of receipt of the proposal, the commissionshall determine whether to disapprove the proposal, or to approve theproposal and allow it to proceed as an approved boundary change to beadopted or rejected by the voters pursuant to section 72.407, or to approvethe proposal as a simplified boundary change, for which no vote shall berequired, except that final action may be deferred on part or all of asimplified boundary change proposal when necessary to accommodate anoverlapping boundary change or unincorporated area proposal as moreparticularly provided in subsection 10 of this section. In making itsdetermination, the commission shall consider the factors set forth insubsection 3 of section 72.403. If the commission determines that theproposal should be approved as a simplified boundary change, such proposalshall become effective upon the date set forth in the commission's writtenreport of approval.
7. A municipality which wishes to propose a boundary changecontaining two or more unincorporated areas that are noncontiguous to eachother shall submit separate proposals for the unincorporated areas that arenoncontiguous to each other, in which case there shall be a separate votefor each proposal approved by the commission. The municipality may:
(1) Adopt and submit separate ordinances for each such separateproposal; or
(2) Adopt and submit one ordinance containing said separateproposals, which ordinance shall clearly state that the municipality ismaking multiple, separate proposals, and is desirous of separate votes foreach separate proposal. The ordinance shall also clearly identify eachseparate proposal that the municipality is making.
8. The commission shall not approve any boundary change proposal inwhich more than fifty percent of the combined land subject to the proposalis unincorporated territory or territories unless the area subject to theproposal has a population of more than ten thousand persons.
9. A proposing agent may modify its proposal and submit additionalinformation during the review period.
10. The commission may defer final action on part or all of aboundary change proposal or proposal for an established unincorporated areabeyond the periods provided for their consideration in order to allow anelection with respect to an overlapping boundary change or unincorporatedarea proposal in order to maximize the ability of voters to determine theirown status. Such deferral may be ordered only when the proposal grantedsuch priority is filed with the commission no later than sixty days afterthe proposal on which action will be deferred and only when the commissiondetermines that the population of the overlapping area is a greaterproportion of the proposal given priority than of the proposal on whichaction is deferred. The commission shall take final action on the deferredproposal within forty-five days of the election at which the proposalgranted priority is decided. The proposing agent may modify the proposalin accordance with the results of the election.
Boundary changes, approval or disapproval--commission may modifyproposal--minor corrections allowed, when--simplified boundarychange, procedure--noncontiguous boundary changes, requiredproposals--prohibited boundary changes, exception--proposing agentmay modify proposal--commission may defer final action until afterelection, when.
72.405. 1. For any proposed boundary change submitted after August28, 1995, the commission shall issue a finding approving or disapprovingsuch proposals within nine months after such submittal, except that finalaction may be deferred on part or all of a boundary change proposal whennecessary to accommodate an overlapping boundary change or unincorporatedarea proposal as more particularly provided in subsection 10 of thissection. If the commission finds in favor of a proposed boundary change,it shall submit the question to the voters residing within the areassubject to the proposed boundary change, except as provided in subsection 6of this section.
2. If a boundary change is proposed by a municipality or the countyand if the commission finds against the proposed boundary change submittedby a municipality or the county, it shall disapprove the boundary changeproposal. In disapproving any boundary change proposal, the commissionshall issue a document indicating the reasons such proposal wasdisapproved. No election shall be held on any such proposal not approvedby the commission.
3. If the boundary change is an incorporation proposed pursuant to apetition, the commission may make such changes in the proposal as it findswould result in an acceptable proposal, such changes to include but not belimited to additions, deletions or the modification of a proposal whichcontains boundaries which overlap those boundaries contained in any otherproposal. After submittal, the commission may allow the proposing agent tomake minor additions, deletions or modifications which do not substantiallyalter the proposal. When reviewing more than one boundary change proposalmade by petition, the commission may consolidate two or more unincorporatedareas into one proposed boundary change. Any changes made by thecommission shall meet the criteria established pursuant to section 72.403.
4. Where a proposal submitted by a municipality, the county or by apetition, contains more than two voting jurisdictions, the commission mayprovide for approval of a boundary change comprising only thosemunicipalities and unincorporated area where a majority of voters approvethe boundary change if the resulting municipality would meet the criteriaestablished pursuant to section 72.403.
5. If a boundary change is proposed by a municipality or the countyand the commission determines that there is a minor error or discrepancy inthe legal descriptions of the areas subject to the proposal as submitted bythe municipality or county, then the commission with the concurrence of theproposing agent may make such changes to the proposal as are necessary torectify the error in the legal description.
6. A simplified boundary change may be proposed by:
(1) A verified petition signed by seventy-five percent of theregistered voters within the area proposed to be annexed which ispredominately residential in character and has an average residentialdensity of not less than one dwelling per three acres which is filed by theannexing municipality; or
(2) Two municipalities for a transfer of jurisdiction between them ora municipality and the county for a transfer of jurisdiction between amunicipality and the county.
Within twenty-one days of receipt of a proposal pursuant to thissubsection, the commission shall publish notice of such proposal and thedate of the public hearing thereon in at least one newspaper of generalcirculation qualified to publish legal notices. The commission shall,within twenty-one days of receipt of such proposal, mail writtennotification of such proposal and the date of the public hearing thereon tothe county clerk, and to the city or village clerk of each municipality orvillage, and to any other political subdivision which, in the opinion ofthe commission, is materially affected by such proposal. The commissionshall hold a public hearing concerning the matter not less than fourteennor more than sixty days after such publication and notification iscomplete. At the public hearing any interested person, corporation orpolitical subdivision may present evidence regarding the proposed boundarychange. Within four months of receipt of the proposal, the commissionshall determine whether to disapprove the proposal, or to approve theproposal and allow it to proceed as an approved boundary change to beadopted or rejected by the voters pursuant to section 72.407, or to approvethe proposal as a simplified boundary change, for which no vote shall berequired, except that final action may be deferred on part or all of asimplified boundary change proposal when necessary to accommodate anoverlapping boundary change or unincorporated area proposal as moreparticularly provided in subsection 10 of this section. In making itsdetermination, the commission shall consider the factors set forth insubsection 3 of section 72.403. If the commission determines that theproposal should be approved as a simplified boundary change, such proposalshall become effective upon the date set forth in the commission's writtenreport of approval.
7. A municipality which wishes to propose a boundary changecontaining two or more unincorporated areas that are noncontiguous to eachother shall submit separate proposals for the unincorporated areas that arenoncontiguous to each other, in which case there shall be a separate votefor each proposal approved by the commission. The municipality may:
(1) Adopt and submit separate ordinances for each such separateproposal; or
(2) Adopt and submit one ordinance containing said separateproposals, which ordinance shall clearly state that the municipality ismaking multiple, separate proposals, and is desirous of separate votes foreach separate proposal. The ordinance shall also clearly identify eachseparate proposal that the municipality is making.
8. The commission shall not approve any boundary change proposal inwhich more than fifty percent of the combined land subject to the proposalis unincorporated territory or territories unless the area subject to theproposal has a population of more than ten thousand persons.
9. A proposing agent may modify its proposal and submit additionalinformation during the review period.
10. The commission may defer final action on part or all of aboundary change proposal or proposal for an established unincorporated areabeyond the periods provided for their consideration in order to allow anelection with respect to an overlapping boundary change or unincorporatedarea proposal in order to maximize the ability of voters to determine theirown status. Such deferral may be ordered only when the proposal grantedsuch priority is filed with the commission no later than sixty days afterthe proposal on which action will be deferred and only when the commissiondetermines that the population of the overlapping area is a greaterproportion of the proposal given priority than of the proposal on whichaction is deferred. The commission shall take final action on the deferredproposal within forty-five days of the election at which the proposalgranted priority is decided. The proposing agent may modify the proposalin accordance with the results of the election.
Boundary changes, approval or disapproval--commission may modifyproposal--minor corrections allowed, when--simplified boundarychange, procedure--noncontiguous boundary changes, requiredproposals--prohibited boundary changes, exception--proposing agentmay modify proposal--commission may defer final action until afterelection, when.
72.405. 1. For any proposed boundary change submitted after August28, 1995, the commission shall issue a finding approving or disapprovingsuch proposals within nine months after such submittal, except that finalaction may be deferred on part or all of a boundary change proposal whennecessary to accommodate an overlapping boundary change or unincorporatedarea proposal as more particularly provided in subsection 10 of thissection. If the commission finds in favor of a proposed boundary change,it shall submit the question to the voters residing within the areassubject to the proposed boundary change, except as provided in subsection 6of this section.
2. If a boundary change is proposed by a municipality or the countyand if the commission finds against the proposed boundary change submittedby a municipality or the county, it shall disapprove the boundary changeproposal. In disapproving any boundary change proposal, the commissionshall issue a document indicating the reasons such proposal wasdisapproved. No election shall be held on any such proposal not approvedby the commission.
3. If the boundary change is an incorporation proposed pursuant to apetition, the commission may make such changes in the proposal as it findswould result in an acceptable proposal, such changes to include but not belimited to additions, deletions or the modification of a proposal whichcontains boundaries which overlap those boundaries contained in any otherproposal. After submittal, the commission may allow the proposing agent tomake minor additions, deletions or modifications which do not substantiallyalter the proposal. When reviewing more than one boundary change proposalmade by petition, the commission may consolidate two or more unincorporatedareas into one proposed boundary change. Any changes made by thecommission shall meet the criteria established pursuant to section 72.403.
4. Where a proposal submitted by a municipality, the county or by apetition, contains more than two voting jurisdictions, the commission mayprovide for approval of a boundary change comprising only thosemunicipalities and unincorporated area where a majority of voters approvethe boundary change if the resulting municipality would meet the criteriaestablished pursuant to section 72.403.
5. If a boundary change is proposed by a municipality or the countyand the commission determines that there is a minor error or discrepancy inthe legal descriptions of the areas subject to the proposal as submitted bythe municipality or county, then the commission with the concurrence of theproposing agent may make such changes to the proposal as are necessary torectify the error in the legal description.
6. A simplified boundary change may be proposed by:
(1) A verified petition signed by seventy-five percent of theregistered voters within the area proposed to be annexed which ispredominately residential in character and has an average residentialdensity of not less than one dwelling per three acres which is filed by theannexing municipality; or
(2) Two municipalities for a transfer of jurisdiction between them ora municipality and the county for a transfer of jurisdiction between amunicipality and the county.
Within twenty-one days of receipt of a proposal pursuant to thissubsection, the commission shall publish notice of such proposal and thedate of the public hearing thereon in at least one newspaper of generalcirculation qualified to publish legal notices. The commission shall,within twenty-one days of receipt of such proposal, mail writtennotification of such proposal and the date of the public hearing thereon tothe county clerk, and to the city or village clerk of each municipality orvillage, and to any other political subdivision which, in the opinion ofthe commission, is materially affected by such proposal. The commissionshall hold a public hearing concerning the matter not less than fourteennor more than sixty days after such publication and notification iscomplete. At the public hearing any interested person, corporation orpolitical subdivision may present evidence regarding the proposed boundarychange. Within four months of receipt of the proposal, the commissionshall determine whether to disapprove the proposal, or to approve theproposal and allow it to proceed as an approved boundary change to beadopted or rejected by the voters pursuant to section 72.407, or to approvethe proposal as a simplified boundary change, for which no vote shall berequired, except that final action may be deferred on part or all of asimplified boundary change proposal when necessary to accommodate anoverlapping boundary change or unincorporated area proposal as moreparticularly provided in subsection 10 of this section. In making itsdetermination, the commission shall consider the factors set forth insubsection 3 of section 72.403. If the commission determines that theproposal should be approved as a simplified boundary change, such proposalshall become effective upon the date set forth in the commission's writtenreport of approval.
7. A municipality which wishes to propose a boundary changecontaining two or more unincorporated areas that are noncontiguous to eachother shall submit separate proposals for the unincorporated areas that arenoncontiguous to each other, in which case there shall be a separate votefor each proposal approved by the commission. The municipality may:
(1) Adopt and submit separate ordinances for each such separateproposal; or
(2) Adopt and submit one ordinance containing said separateproposals, which ordinance shall clearly state that the municipality ismaking multiple, separate proposals, and is desirous of separate votes foreach separate proposal. The ordinance shall also clearly identify eachseparate proposal that the municipality is making.
8. The commission shall not approve any boundary change proposal inwhich more than fifty percent of the combined land subject to the proposalis unincorporated territory or territories unless the area subject to theproposal has a population of more than ten thousand persons.
9. A proposing agent may modify its proposal and submit additionalinformation during the review period.
10. The commission may defer final action on part or all of aboundary change proposal or proposal for an established unincorporated areabeyond the periods provided for their consideration in order to allow anelection with respect to an overlapping boundary change or unincorporatedarea proposal in order to maximize the ability of voters to determine theirown status. Such deferral may be ordered only when the proposal grantedsuch priority is filed with the commission no later than sixty days afterthe proposal on which action will be deferred and only when the commissiondetermines that the population of the overlapping area is a greaterproportion of the proposal given priority than of the proposal on whichaction is deferred. The commission shall take final action on the deferredproposal within forty-five days of the election at which the proposalgranted priority is decided. The proposing agent may modify the proposalin accordance with the results of the election.
