HOUSE BILL NO. 2330 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WEST.
5806H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 71.012, 71.014, and 71.015, RSMo, and to enact in lieu thereof two new sections relating to annexation by certain cities.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 71.012, 71.014, and 71.015, RSMo, are repealed and two new 2 sections enacted in lieu thereof, to be known as sections 71.012 and 71.015, to read as 3 follows: 71.012. 1. Notwithstanding the provisions of sections 71.015 and 71.860 to 71.920, 2 the governing body of any city, town or village may annex unincorporated areas which are 3 contiguous and compact to the existing corporate limits of the city, town or village pursuant to 4 this section. The term "contiguous and compact" does not include a situation whereby the 5 unincorporated area proposed to be annexed is contiguous to the annexing city, town or 6 village only by a railroad line, trail, pipeline or other strip of real property less than one- 7 quarter mile in width within the city, town or village so that the boundaries of the city, town or 8 village after annexation would leave unincorporated areas between the annexed area and the 9 prior boundaries of the city, town or village connected only by such railroad line, trail, 10 pipeline or other such strip of real property. The term contiguous and compact shall include a 11 situation whereby the unincorporated area proposed to be annexed would be contiguous and 12 compact to the existing corporate limits of the city, town, or village but for an intervening 13 state highway or interstate highway as defined in section 304.001, or railroad right-of-way, 14 regardless of whether any other city, town, or village has annexed such state or interstate 15 highway or railroad right-of-way or otherwise has an easement in such state or interstate 16 highway or railroad right-of-way. The term contiguous and compact does not prohibit
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2330 2
17 voluntary annexations pursuant to this section merely because such voluntary annexation 18 would create an island of unincorporated area within the city, town or village, so long as the 19 owners of the unincorporated island were also given the opportunity to voluntarily annex into 20 the city, town or village. The term "contiguous and compact" shall include a situation 21 whereby the unincorporated area proposed to be annexed is contiguous to the annexing 22 city, town, or village by at least twenty-five percent of the length of the perimeter of the 23 area proposed for annexation. No city, town, or village shall annex an unincorporated 24 area contiguous to any unincorporated area annexed by the city, town, or village within 25 the last twenty-four months. Notwithstanding the provisions of this section, the governing 26 body of any city, town or village in any county of the third classification which borders a 27 county of the fourth classification, a county of the second classification and the Mississippi 28 River may annex areas along a road or highway up to two miles from existing boundaries of 29 the city, town or village or the governing body in any city, town or village in any county of the 30 third classification without a township form of government with a population of at least 31 twenty-four thousand inhabitants but not more than thirty thousand inhabitants and such 32 county contains a state correctional center may voluntarily annex such correctional center 33 pursuant to the provisions of this section if the correctional center is along a road or highway 34 within two miles from the existing boundaries of the city, town or village. 35 2. (1) When a notarized petition, requesting annexation and signed by the owners of 36 all fee interests of record in all tracts of real property located within the area proposed to be 37 annexed, or a request for annexation signed under the authority of the governing body of any 38 common interest community and approved by a majority vote of unit owners located within 39 the area proposed to be annexed is presented to the governing body of the city, town or 40 village, the governing body shall hold a public hearing concerning the matter not less than 41 fourteen nor more than sixty days after the petition is received, and the hearing shall be held 42 not less than seven days after notice of the hearing is published in a newspaper of general 43 circulation qualified to publish legal matters and located within the boundary of the petitioned 44 city, town or village. If no such newspaper exists within the boundary of such city, town or 45 village, then the notice shall be published in the qualified newspaper nearest the petitioned 46 city, town or village. For the purposes of this subdivision, the term "common-interest 47 community" shall mean a condominium as said term is used in chapter 448, or a common- 48 interest community, a cooperative, or a planned community. 49 (a) A "common-interest community" shall be defined as real property with respect to 50 which a person, by virtue of such person's ownership of a unit, is obliged to pay for real 51 property taxes, insurance premiums, maintenance or improvement of other real property 52 described in a declaration. "Ownership of a unit" does not include a leasehold interest of less 53 than twenty years in a unit, including renewal options; HB 2330 3
54 (b) A "cooperative" shall be defined as a common-interest community in which the 55 real property is owned by an association, each of whose members is entitled by virtue of such 56 member's ownership interest in the association to exclusive possession of a unit; 57 (c) A "planned community" shall be defined as a common-interest community that is 58 not a condominium or a cooperative. A condominium or cooperative may be part of a 59 planned community. 60 (2) At the public hearing any interested person, corporation or political subdivision 61 may present evidence regarding the proposed annexation. If, after holding the hearing, the 62 governing body of the city, town or village determines that the annexation is reasonable and 63 necessary to the proper development of the city, town or village, and the city, town or village 64 has the ability to furnish normal municipal services to the area to be annexed within a 65 reasonable time, it may, subject to the provisions of subdivision (3) of this subsection, annex 66 the territory by ordinance without further action. 67 (3) If a written objection to the proposed annexation is filed with the governing body 68 of the city, town or village not later than fourteen days after the public hearing by at least five 69 percent of the qualified voters of the city, town or village, or two qualified voters of the area 70 sought to be annexed if the same contains two qualified voters, the provisions of sections 71 71.015 and 71.860 to 71.920, shall be followed. 72 3. If no objection is filed, the city, town or village shall extend its limits by ordinance 73 to include such territory, specifying with accuracy the new boundary lines to which the city's, 74 town's or village's limits are extended. Upon duly enacting such annexation ordinance, the 75 city, town or village shall cause three certified copies of the same to be filed with the county 76 assessor and the clerk of the county wherein the city, town or village is located, and one 77 certified copy to be filed with the election authority, if different from the clerk of the county 78 which has jurisdiction over the area being annexed, whereupon the annexation shall be 79 complete and final and thereafter all courts of this state shall take judicial notice of the limits 80 of that city, town or village as so extended. 81 4. That a petition requesting annexation is not or was not verified or notarized shall 82 not affect the validity of an annexation heretofore or hereafter undertaken in accordance with 83 this section. 84 5. Any action of any kind seeking to deannex from any city, town, or village any area 85 annexed under this section, or seeking in any way to reverse, invalidate, set aside, or 86 otherwise challenge such annexation or oust such city, town, or village from jurisdiction over 87 such annexed area shall be brought within five years of the date of adoption of the annexation 88 ordinance. HB 2330 4
71.015. 1. Should any city, town, or village, not located in any county of the first 2 classification which has adopted a constitutional charter for its own local government, seek to 3 annex an area to which objection is made, the following shall be satisfied: 4 (1) Before the governing body of any city, town, or village has adopted a resolution to 5 annex any unincorporated area of land, such city, town, or village shall first as a condition 6 precedent determine that: 7 (a) The land to be annexed is contiguous to the existing city, town, or village limits 8 and that the length of the contiguous boundary common to the existing city, town, or village 9 limit and the proposed area to be annexed is at least fifteen percent of the length of the 10 perimeter of the area proposed for annexation; or 11 (b) The land to be annexed would be contiguous and compact to the existing city, 12 town, or village limits but for an intervening state highway or interstate highway as defined in 13 section 304.001, or railroad right-of-way, and the shared border of the land to be annexed and 14 existing city, town, or village composes at least fifteen percent of the total perimeter of the 15 land to be annexed. For purposes of calculating the length of such border under this 16 paragraph, the border between the land to be annexed and the existing city, town, or village 17 shall be deemed to be: 18 a. If an intervening state highway or interstate highway, the centerline; or 19 b. If a railroad right-of-way, the midpoint between the outermost rails if there are rails 20 or the best estimate of the middle of the right-of-way if there are no rails; 21 (2) The governing body of any city, town, or village shall propose an ordinance 22 setting forth the following: 23 (a) The area to be annexed and affirmatively stating that the boundaries comply with 24 the condition precedent referred to in subdivision (1) above; 25 (b) That such annexation is reasonable and necessary to the proper development of 26 the city, town, or village; 27 (c) That the city has developed a plan of intent to provide services to the area 28 proposed for annexation; 29 (d) That a public hearing shall be held prior to the adoption of the ordinance; 30 (e) When the annexation is proposed to be effective, the effective date being up to 31 thirty-six months from the date of any election held in conjunction thereto; 32 (3) The city, town, or village shall fix a date for a public hearing on the ordinance and 33 make a good faith effort to notify all fee owners of record within the area proposed to be 34 annexed by certified mail, not less than thirty nor more than sixty days before the hearing, and 35 notify all residents of the area by publication of notice in a newspaper of general circulation 36 qualified to publish legal matters in the county or counties where the proposed area is located, HB 2330 5
37 at least once a week for three consecutive weeks prior to the hearing, with at least one such 38 notice being not more than twenty days and not less than ten days before the hearing; 39 (4) At the hearing referred to in subdivision (3) of this subsection, the city, town, or 40 village shall present the plan of intent and evidence in support thereof to include: 41 (a) A list of major services presently provided by the city, town, or village including, 42 but not limited to, police and fire protection, water and sewer systems, street maintenance, 43 parks and recreation, and refuse collection; 44 (b) A proposed time schedule whereby the city, town, or village plans to provide such 45 services to the residents of the proposed area to be annexed within three years from the date 46 the annexation is to become effective; 47 (c) The level at which the city, town, or village assesses property and the rate at which 48 it taxes that property; 49 (d) How the city, town, or village proposes to zone the area to be annexed; 50 (e) When the proposed annexation shall become effective; 51 (5) Following the hearing, and either before or after the election held in subdivision 52 (6) of this subsection, should the governing body of the city, town, or village vote favorably 53 by ordinance to annex the area, the governing body of the city, town or village shall file an 54 action in the circuit court of the county in which such unincorporated area is situated, under 55 the provisions of chapter 527, praying for a declaratory judgment authorizing such 56 annexation. The petition in such action shall state facts showing: 57 (a) The area to be annexed and its conformity with the condition precedent referred to 58 in subdivision (1) of this subsection; 59 (b) That such annexation is reasonable and necessary to the proper development of 60 the city, town, or village; and 61 (c) The ability of the city, town, or village to furnish normal municipal services of the 62 city, town, or village to the unincorporated area within a reasonable time not to exceed three 63 years after the annexation is to become effective. Such action shall be a class action against 64 the inhabitants of such unincorporated area under the provisions of section 507.070; 65 (6) Except as provided in subsection 3 of this section, if the court authorizes the city, 66 town, or village to make an annexation, the legislative body of such city, town, or village shall 67 not have the power to extend the limits of the city, town, or village by such annexation until 68 an election is held at which the proposition for annexation is approved by a majority of the 69 total votes cast in the city, town, or village and by a separate majority of the total votes cast in 70 the unincorporated territory sought to be annexed. However, should less than a majority of 71 the total votes cast in the area proposed to be annexed vote in favor of the proposal, but at 72 least a majority of the total votes cast in the city, town, or village vote in favor of the proposal, 73 then the proposal shall again be voted upon in not more than one hundred twenty days by both HB 2330 6
74 the registered voters of the city, town, or village and the registered voters of the area proposed 75 to be annexed. If at least two-thirds of the qualified electors voting thereon are in favor of the 76 annexation, then the city, town, or village may proceed to annex the territory. If the proposal 77 fails to receive the necessary majority, no part of the area sought to be annexed may be the 78 subject of another proposal to annex for a period of two years from the date of the election, 79 except that, during the two-year period, the owners of all fee interests of record in the area or 80 any portion of the area may petition the city, town, or village for the annexation of the land 81 owned by them pursuant to the procedures in section 71.012. The elections shall if authorized 82 be held, except as herein otherwise provided, in accordance with the general state law 83 governing special elections, and the entire cost of the election or elections shall be paid by the 84 city, town, or village proposing to annex the territory; 85 (7) Failure to comply in providing services to the said area or to zone in compliance 86 with the plan of intent within three years after the effective date of the annexation, unless 87 compliance is made unreasonable by an act of God, shall give rise to a cause of action for 88 deannexation which may be filed in the circuit court by any resident of the area who was 89 residing in the area at the time the annexation became effective; 90 (8) No city, town, or village which has filed an action under this section as this 91 section read prior to May 13, 1980, which action is part of an annexation proceeding pending 92 on May 13, 1980, shall be required to comply with subdivision (5) of this subsection in regard 93 to such annexation proceeding; 94 (9) If the area proposed for annexation includes a public road or highway but does not 95 include all of the land adjoining such road or highway, then such fee owners of record, of the 96 lands adjoining said highway shall be permitted to intervene in the declaratory judgment 97 action described in subdivision (5) of this subsection. 98 2. Notwithstanding any provision of subsection 1 of this section, for any annexation 99 by any city with a population of three hundred fifty thousand or more inhabitants which is 100 located in more than one county that becomes effective after August 28, 1994, if such city has 101 not provided water and sewer service to such annexed area within three years of the effective 102 date of the annexation, a cause of action shall lie for deannexation, unless the failure to 103 provide such water and sewer service to the annexed area is made unreasonable by an act of 104 God. The cause of action for deannexation may be filed in the circuit court by any resident of 105 the annexed area who is presently residing in the area at the time of the filing of the suit and 106 was a resident of the annexed area at the time the annexation became effective. If the suit for 107 deannexation is successful, the city shall be liable for all court costs and attorney fees. 108 3. Notwithstanding the provisions of subdivision (6) of subsection 1 of this section, 109 all cities, towns, and villages located in any county [of the first classification] with a charter 110 form of government with [a population of] two hundred thousand or more inhabitants [which] HB 2330 7
111 that adjoins a county with a population of nine hundred thousand or more inhabitants shall 112 comply with the provisions of this subsection. If the court authorizes any city, town, or 113 village subject to this subsection to make an annexation, the legislative body of such city, 114 town or village shall not have the power to extend the limits of such city, town, or village by 115 such annexation until an election is held at which the proposition for annexation is approved 116 by a majority of the total votes cast in such city, town, or village an