| (a) |
In
the event a municipality desires to increase its corporate
limits by making a minor boundary adjustment, the governing
body of the municipality may apply to the county commission
of the county wherein the municipality or the major
portion of the territory thereof, including the territory
to be annexed, is located for permission to effect annexation
by minor boundary adjustment. The municipality shall
pay the costs of all proceedings before the commission.
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| (b) |
In
addition to any other annexation configuration, a municipality
may incorporate by minor boundary adjustment: (i) Territory
that consists of a street or highway as defined in section
thirty-five, article one, chapter seventeen-c of this
code and one or more freeholders; or (ii) territory
that consists of a street or highway as defined in section
thirty-five, article one, chapter seventeen-c of this
code which does not include a freeholder but which is
necessary for the provision of emergency services in
the territory being annexed.
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| (c) |
A
county commission may develop a form application for
annexation for minor boundary adjustment. An application
for annexation by minor boundary adjustment shall include,
but not be limited to:
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(1) |
The
number of businesses located in and persons residing in
the additional territory; |
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(2) |
An
accurate map showing the metes and bounds of the additional
territory; |
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(3) |
A
statement setting forth the municipality's plan for providing
the additional territory with all applicable public services
such as police and fire protection, solid waste collection,
public water and sewer services and street maintenance
services, including to what extent the public services
are or will be provided by a private solid waste collection
service or a public service district; |
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(4) |
A
statement of the impact of the annexation on any private
solid waste collection service or public service district
currently doing business in the territory proposed for
annexation in the event the municipality should choose
not to utilize the current service providers; |
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(5) |
A
statement of the impact of the annexation on fire protection
and fire insurance rates in the territory proposed for
annexation; |
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(6) |
A
statement of how the proposed annexation will affect the
municipality's finances and services; and |
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(7) |
A
statement that the proposed annexation meets the requirements
of this section. |
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(d)
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Upon
receipt of a complete application for annexation by
minor boundary adjustment, the county commission shall
determine whether the application meets the threshold
requirements for consideration as a minor boundary adjustment
including whether the annexation could be efficiently
and cost effectively accomplished under section two
or four of this article.
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(e)
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If
the application meets the threshold requirements, the
county commission shall order publication of a notice
of the proposed annexation to the corporate limits and
of the date and time set by the commission for a hearing
on the proposal. Publication shall be as in the case of
an order calling for an election, as set forth in section
two of this article. A like notice shall be prominently
posted at not less than five public places within the
area proposed to be annexed. |
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| (f) |
In making its final decision on an application for annexation
by minor boundary adjustment, the county commission shall,
at a minimum, consider the following factors: |
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(1) |
Whether
the territory proposed for annexation is contiguous to
the corporate limits of the municipality. For purposes
of this section, "contiguous" means that at
the time the application for annexation is submitted,
the territory proposed for annexation either abuts directly
on the municipal boundary or is separated from the municipal
boundary by an unincorporated street or highway, or street
or highway right-of-way, a creek or river, or the right-of-way
of a railroad or other public service corporation, or
lands owned by the state or the federal government; |
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(2) |
Whether
the proposed annexation is limited solely to a division
of highways right-of-way or whether the division of highways
holds title to the property in fee; |
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(3) |
Whether
affected parties of the territory to be annexed oppose
or support the proposed annexation. For purposes of this
section, "affected parties" means freeholders,
firms, corporations and qualified voters in the territory
proposed for annexation and in the municipality and a
freeholder whose property abuts a street or highway, as
defined in section thirty-five, article one, chapter seventeen-c
of this code, when: |
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(i) |
The
street or highway is being annexed to provide emergency
services; or |
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(ii) |
the
annexation includes one or more freeholders at the end
of the street or highway proposed for annexation; |
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(4) |
Whether
the proposed annexation consists of a street or highway
as defined in section thirty-five, article one, chapter
seventeen-c of this code and one or more freeholders; |
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(5) |
Whether
the proposed annexation consists of a street or highway
as defined in section thirty-five, article one, chapter
seventeen-c of this code which does not include a freeholder
but which is necessary for the provision of emergency
services in the territory being annexed; |
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(6) |
Whether
another municipality has made application to annex the
same or substantially the same territory; and |
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(7) |
Whether
the proposed annexation is in the best interest of the
county as a whole. |
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| (g) |
If
the county commission denies the application for annexation
by minor boundary adjustment, the commission may allow
the municipality to modify the proposed annexation to
meet the commissions objections. The commission must order
another public hearing if significant modifications are
proposed. |
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| (h) |
The
final order of the commission shall include the reasons
for the grant or denial of the application. |
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| (i) |
The
municipality applying for annexation or any affected party
may appeal the commission's final order to the circuit
court of the county in which the municipality or the major
portion thereof, including the area proposed to be annexed,
is located. The county commission may participate in any
appeal taken from its order in the same manner and to
the same extent as a party to the appeal. The order may
be reviewed by the circuit court as an order of a county
commission ordering an election may be reviewed under
section sixteen, article five of this chapter. |
