Petition to remain unincorporated--unincorporated area proposal,procedure for creating established unincorporated areas--no boundarychange to affect established unincorporated area prior to expiration.
72.422. 1. Notwithstanding any other provision of sections 72.400 to72.420 to the contrary, residents of an unincorporated area of a county mayremain unincorporated and not subject to any boundary change pursuant tosections 72.400 to 72.420 if the following are satisfied:
(1) The county petitions the boundary commission;
(2) A legal description of the unincorporated area accompanies thepetition. If there is a minor error or discrepancy in the legaldescription of the unincorporated area, the commission, with theconcurrence of the county, may make such changes to the proposal as arenecessary to rectify the error in the legal description;
(3) The unincorporated area either contains a population of not lessthan two thousand five hundred or is contiguous with an existingestablished unincorporated area;
(4) A plan of intent accompanies the petition addressing the issuesto be considered by the commission.
2. When an unincorporated area 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 neighboring municipality or village, and to any otherpolitical subdivision which, in the opinion of the commission, ismaterially affected by the proposal. The costs of publication andnotification shall be borne by the county. The commission shall hold suchpublic hearing concerning the proposal not less than fourteen nor more thansixty days after such publication and notification are complete. At suchpublic hearing, the county and any municipality with an overlapping mapplan shall be parties, and any other interested person, corporation, orpolitical subdivision may also present evidence regarding theunincorporated area proposal. An unincorporated area proposal which hasbeen disapproved by the commission and which is resubmitted with changes tothe commission shall be subject to the public hearing requirement of thissection, unless the commission determines that a public hearing on theresubmitted proposal is not necessary to achieve the objectives of thissection. The commission shall issue findings approving or disapprovingsuch proposal within nine months after submittal, except that final actionmay be deferred on part or all of an unincorporated proposal when necessaryto accommodate an overlapping boundary change proposal as more particularlyprovided in subsection 10 of section 72.405. The proposal shallbe submitted at the next general or special election in accordance with theprovisions of chapter 115, RSMo. The cost of the election shall be paid bythe county. If the proposal is approved by the voters then the area shallbe an established unincorporated area and shall remain unincorporatedterritory for a period of five years from the date of the vote and shallnot be subject to any boundary change pursuant to sections 72.400 to72.420.
3. In reviewing any proposed unincorporated area proposal, thecommission shall approve such proposal if it finds that continued provisionof local services to the area by the county will not impose an unreasonableburden on county government and that such designation is in the bestinterest of the unincorporated territories affected by the proposal and theareas of the county next to such area. In making its determination, thecommission shall consider 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 established unincorporated areaand its residents;
(b) Adjoining areas not involved in the proposed established area andthe residents thereof; and
(c) The entire geographic area of the county and its residents;
(2) A legal description of the unincorporated area;
(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 unincorporated area proposal;
(4) Whether approval of the unincorporated area proposal will resultin unreasonable difficulty in provision of services by the county;
(5) The effect approval of the established unincorporated area willhave on the distribution of tax resources in the county;
(6) The compactness of the area subject to such proposal.
4. After approval by the voters of an unincorporated area proposal,no boundary change affecting any part of such area shall be proposed to thecommission until expiration of the area's status as an establishedunincorporated area, but map plans affecting the area may be filed duringthe planning period pursuant to section 72.423. If no map plan of aboundary change proposal with respect to an established unincorporated areahas been submitted during the most recent planning period pursuant tosection 72.423, the commission shall commence review of the circumstancesof such established unincorporated area six months prior to its expiration,and shall submit reauthorization of such unincorporated area to the votersif the commission determines that its circumstances have not materiallychanged since it was approved.
Petition to remain unincorporated--unincorporated area proposal,procedure for creating established unincorporated areas--no boundarychange to affect established unincorporated area prior to expiration.
72.422. 1. Notwithstanding any other provision of sections 72.400 to72.420 to the contrary, residents of an unincorporated area of a county mayremain unincorporated and not subject to any boundary change pursuant tosections 72.400 to 72.420 if the following are satisfied:
(1) The county petitions the boundary commission;
(2) A legal description of the unincorporated area accompanies thepetition. If there is a minor error or discrepancy in the legaldescription of the unincorporated area, the commission, with theconcurrence of the county, may make such changes to the proposal as arenecessary to rectify the error in the legal description;
(3) The unincorporated area either contains a population of not lessthan two thousand five hundred or is contiguous with an existingestablished unincorporated area;
(4) A plan of intent accompanies the petition addressing the issuesto be considered by the commission.
2. When an unincorporated area 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 neighboring municipality or village, and to any otherpolitical subdivision which, in the opinion of the commission, ismaterially affected by the proposal. The costs of publication andnotification shall be borne by the county. The commission shall hold suchpublic hearing concerning the proposal not less than fourteen nor more thansixty days after such publication and notification are complete. At suchpublic hearing, the county and any municipality with an overlapping mapplan shall be parties, and any other interested person, corporation, orpolitical subdivision may also present evidence regarding theunincorporated area proposal. An unincorporated area proposal which hasbeen disapproved by the commission and which is resubmitted with changes tothe commission shall be subject to the public hearing requirement of thissection, unless the commission determines that a public hearing on theresubmitted proposal is not necessary to achieve the objectives of thissection. The commission shall issue findings approving or disapprovingsuch proposal within nine months after submittal, except that final actionmay be deferred on part or all of an unincorporated proposal when necessaryto accommodate an overlapping boundary change proposal as more particularlyprovided in subsection 10 of section 72.405. The proposal shallbe submitted at the next general or special election in accordance with theprovisions of chapter 115, RSMo. The cost of the election shall be paid bythe county. If the proposal is approved by the voters then the area shallbe an established unincorporated area and shall remain unincorporatedterritory for a period of five years from the date of the vote and shallnot be subject to any boundary change pursuant to sections 72.400 to72.420.
3. In reviewing any proposed unincorporated area proposal, thecommission shall approve such proposal if it finds that continued provisionof local services to the area by the county will not impose an unreasonableburden on county government and that such designation is in the bestinterest of the unincorporated territories affected by the proposal and theareas of the county next to such area. In making its determination, thecommission shall consider 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 established unincorporated areaand its residents;
(b) Adjoining areas not involved in the proposed established area andthe residents thereof; and
(c) The entire geographic area of the county and its residents;
(2) A legal description of the unincorporated area;
(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 unincorporated area proposal;
(4) Whether approval of the unincorporated area proposal will resultin unreasonable difficulty in provision of services by the county;
(5) The effect approval of the established unincorporated area willhave on the distribution of tax resources in the county;
(6) The compactness of the area subject to such proposal.
4. After approval by the voters of an unincorporated area proposal,no boundary change affecting any part of such area shall be proposed to thecommission until expiration of the area's status as an establishedunincorporated area, but map plans affecting the area may be filed duringthe planning period pursuant to section 72.423. If no map plan of aboundary change proposal with respect to an established unincorporated areahas been submitted during the most recent planning period pursuant tosection 72.423, the commission shall commence review of the circumstancesof such established unincorporated area six months prior to its expiration,and shall submit reauthorization of such unincorporated area to the votersif the commission determines that its circumstances have not materiallychanged since it was approved.
Petition to remain unincorporated--unincorporated area proposal,procedure for creating established unincorporated areas--no boundarychange to affect established unincorporated area prior to expiration.
72.422. 1. Notwithstanding any other provision of sections 72.400 to72.420 to the contrary, residents of an unincorporated area of a county mayremain unincorporated and not subject to any boundary change pursuant tosections 72.400 to 72.420 if the following are satisfied:
(1) The county petitions the boundary commission;
(2) A legal description of the unincorporated area accompanies thepetition. If there is a minor error or discrepancy in the legaldescription of the unincorporated area, the commission, with theconcurrence of the county, may make such changes to the proposal as arenecessary to rectify the error in the legal description;
(3) The unincorporated area either contains a population of not lessthan two thousand five hundred or is contiguous with an existingestablished unincorporated area;
(4) A plan of intent accompanies the petition addressing the issuesto be considered by the commission.
2. When an unincorporated area 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 neighboring municipality or village, and to any otherpolitical subdivision which, in the opinion of the commission, ismaterially affected by the proposal. The costs of publication andnotification shall be borne by the county. The commission shall hold suchpublic hearing concerning the proposal not less than fourteen nor more thansixty days after such publication and notification are complete. At suchpublic hearing, the county and any municipality with an overlapping mapplan shall be parties, and any other interested person, corporation, orpolitical subdivision may also present evidence regarding theunincorporated area proposal. An unincorporated area proposal which hasbeen disapproved by the commission and which is resubmitted with changes tothe commission shall be subject to the public hearing requirement of thissection, unless the commission determines that a public hearing on theresubmitted proposal is not necessary to achieve the objectives of thissection. The commission shall issue findings approving or disapprovingsuch proposal within nine months after submittal, except that final actionmay be deferred on part or all of an unincorporated proposal when necessaryto accommodate an overlapping boundary change proposal as more particularlyprovided in subsection 10 of section 72.405. The proposal shallbe submitted at the next general or special election in accordance with theprovisions of chapter 115, RSMo. The cost of the election shall be paid bythe county. If the proposal is approved by the voters then the area shallbe an established unincorporated area and shall remain unincorporatedterritory for a period of five years from the date of the vote and shallnot be subject to any boundary change pursuant to sections 72.400 to72.420.
3. In reviewing any proposed unincorporated area proposal, thecommission shall approve such proposal if it finds that continued provisionof local services to the area by the county will not impose an unreasonableburden on county government and that such designation is in the bestinterest of the unincorporated territories affected by the proposal and theareas of the county next to such area. In making its determination, thecommission shall consider 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 established unincorporated areaand its residents;
(b) Adjoining areas not involved in the proposed established area andthe residents thereof; and
(c) The entire geographic area of the county and its residents;
(2) A legal description of the unincorporated area;
(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 unincorporated area proposal;
(4) Whether approval of the unincorporated area proposal will resultin unreasonable difficulty in provision of services by the county;
(5) The effect approval of the established unincorporated area willhave on the distribution of tax resources in the county;
(6) The compactness of the area subject to such proposal.
4. After approval by the voters of an unincorporated area proposal,no boundary change affecting any part of such area shall be proposed to thecommission until expiration of the area's status as an establishedunincorporated area, but map plans affecting the area may be filed duringthe planning period pursuant to section 72.423. If no map plan of aboundary change proposal with respect to an established unincorporated areahas been submitted during the most recent planning period pursuant tosection 72.423, the commission shall commence review of the circumstancesof such established unincorporated area six months prior to its expiration,and shall submit reauthorization of such unincorporated area to the votersif the commission determines that its circumstances have not materiallychanged since it was approved.
