The following steps reflect a general summary of requirements and procedures for processing an annexation request in the town.
(A) An annexation petition shall be filed with the Town Clerk.
(B) An annexation petition shall contain the signatures of the owners of private real property that is located within the area proposed for annexation, that covers a majority of private land area within the area proposed for annexation and is equal in value to at least one-third of the value of all private real property within the area proposed for annexation.
(C) An annexation petition shall be accompanied by an accurate and recordable map, prepared by a licensed surveyor, of the area proposed for annexation.
(D) An annexation petition shall designate up to five of the signers of the petition as sponsors, one of whom shall be designated as the contact sponsor and indicate the mailing address of each sponsor.
(E) On the date of filing, the petition sponsors shall deliver or mail a copy of the petition to the County Clerk.
(F) The Town Clerk, upon receipt of a properly prepared and completed annexation petition accompanied by the proper plat, shall impose such fees to recover the costs of processing said petition, as have been established by the Town Council. The Town Clerk, at that time, shall place the petition on the agenda for consideration at the next regular Town Council meeting.
(G) The Town Council shall review the annexation petition and either accept the petition for further consideration or deny the petition.
(H) If the Town Council denies a petition, it shall, within five days of the denial, mail written notice of the denial to the contact sponsor, the County Clerk and the Chair of the Planning Commission.
(I) If the Town Council accepts a petition, the Town Clerk shall, within 30 days, determine whether the petition meets the requirements of an annexation. If the petition meets the requirements, the Town Clerk shall certify the petition and mail or deliver written notification of the certification to the Town Council, the contact sponsor, the county legislative body and the Chair of the Planning Commission. If the petition fails to meet the requirements, the Town Clerk shall reject the petition and mail the necessary written notification of the rejection and the reasons for the rejection.
(J) The Town Council, within ten days after receipt of the Recorder’s notice of certification, shall publish a notice of the proposed annexation at least once a week for three consecutive weeks. Said notice shall contain information about the proposed annexation and explain how written protest is to be filed, within 30 days after the date of the Town Council’s receipts of the certification notice.
(K) If no timely protest is filed, and after the Planning Commission has made a recommendation to the Town Council regarding the annexation petition, the Town Council shall hold a public hearing after giving at least seven days’ notice of the hearing. After the hearing, the Town Council may grant the petition and by ordinance annex the area that is the subject of the annexation petition.
(L) If a protest is filed, the Town Council may deny the annexation petition or take no further action on the annexation petition until after receipt of the County Boundary Commission’s notice of its decision on the protest. Upon receipt of the Boundary Commission’s decision, the Town Council may deny or approve the proposed annexation subject to the Boundary Commission’s decision.
(Ord. 11-13-08, passed 11-13-2008)