A. Time And Place Of Public Hearing; Notice:
1. As a part of a resolution finding minimum compliance of an annexation petition, or as a part of a resolution for annexation proceedings initiated by the town, the governing body shall establish a date, time, and place when a public hearing will be held to determine if the proposed annexation complies with section 9-5-2 of this chapter. The hearing shall be held not less than thirty (30) days nor more than one hundred eighty (180) days after the effective date of the resolution.
2. The town clerk shall give notice of the public hearing by publishing a notice at least twice in a newspaper of general circulation in the territory sought to be annexed, with the first notice given at least fifteen (15) days prior to the date of the public hearing. Not less than twenty (20) business days prior to the public hearing, the town shall send by certified mail to all landowners and affected public utilities within the area of annexation, a summary of the proposed annexation report and notice of the time, dates, and location of the public hearing.
B. Annexation Ordinance; Objections: If, after the hearing, the governing body finds that the conditions as required by section 9-5-2 of this chapter exist and that the required procedures have been met, it shall annex the territory by ordinance.
C. Written Objections: If more than fifty percent (50%) of the landowners, or if a landowner or landowners owning more than fifty percent (50%) of the area to be annexed file written objections with the town clerk within twenty (20) business days after the hearing under this section no further action may be taken on any area within the proposed annexation within two (2) years.
D. Exception: If seventy five percent (75%) or more of the perimeter of the area to be annexed is contiguous to the corporate limits of the town, the provisions of subsection C of this section do not apply.
E. When Notice And Public Hearing Not Required: When the town is a sole owner of any territory whether or not contiguous that it desires to annex, the town council may, by ordinance, annex the territory to the town without notice or public hearing as provided in this section. All ordinances annexing territory without notice and public hearing shall contain a statement that the territory is solely owned by the petitioning town. (Ord. 2012-04, 7-17-2012)