71.015. Objections to annexation, satisfaction of objections prior to annexation, procedure--certain cities, elections for annexation, procedure--cause of action for deannexation authorized. - Missouri Statutes

Objections to annexation, satisfaction of objections prior toannexation, procedure--certain cities, elections for annexation,procedure--cause of action for deannexation authorized.

71.015. 1. Should any city, town, or village, not located in anycounty of the first classification which has adopted a constitutionalcharter for its own local government, seek to annex an area to whichobjection is made, the following shall be satisfied:

(1) Before the governing body of any city, town, or village hasadopted a resolution to annex any unincorporated area of land, such city,town, or village shall first as a condition precedent determine that theland to be annexed is contiguous to the existing city, town, or villagelimits and that the length of the contiguous boundary common to theexisting city, town, or village limit and the proposed area to be annexedis at least fifteen percent of the length of the perimeter of the areaproposed for annexation.

(2) The governing body of any city, town, or village shall propose anordinance setting forth the following:

(a) The area to be annexed and affirmatively stating that theboundaries comply with the condition precedent referred to in subdivision(1) above;

(b) That such annexation is reasonable and necessary to the properdevelopment of the city, town, or village;

(c) That the city has developed a plan of intent to provide servicesto the area proposed for annexation;

(d) That a public hearing shall be held prior to the adoption of theordinance;

(e) When the annexation is proposed to be effective, the effectivedate being up to thirty-six months from the date of any election held inconjunction thereto.

(3) The city, town, or village shall fix a date for a public hearingon the ordinance and make a good faith effort to notify all fee owners ofrecord within the area proposed to be annexed by certified mail, not lessthan thirty nor more than sixty days before the hearing, and notify allresidents of the area by publication of notice in a newspaper of generalcirculation qualified to publish legal matters in the county or countieswhere the proposed area is located, at least once a week for threeconsecutive weeks prior to the hearing, with at least one such notice beingnot more than twenty days and not less than ten days before the hearing.

(4) At the hearing referred to in subdivision (3), the city, town, orvillage shall present the plan of intent and evidence in support thereof toinclude:

(a) A list of major services presently provided by the city, town, orvillage including, but not limited to, police and fire protection, waterand sewer systems, street maintenance, parks and recreation, refusecollection, etc.;

(b) A proposed time schedule whereby the city, town, or village plansto provide such services to the residents of the proposed area to beannexed within three years from the date the annexation is to becomeeffective;

(c) The level at which the city, town, or village assesses propertyand the rate at which it taxes that property;

(d) How the city, town, or village proposes to zone the area to beannexed;

(e) When the proposed annexation shall become effective.

(5) Following the hearing, and either before or after the electionheld in subdivision (6) of this subsection, should the governing body ofthe city, town, or village vote favorably by ordinance to annex the area,the governing body of the city, town or village shall file an action in thecircuit court of the county in which such unincorporated area is situated,under the provisions of chapter 527, RSMo, praying for a declaratoryjudgment authorizing such annexation. The petition in such action shallstate facts showing:

(a) The area to be annexed and its conformity with the conditionprecedent referred to in subdivision (1) of this subsection;

(b) That such annexation is reasonable and necessary to the properdevelopment of the city, town, or village; and

(c) The ability of the city, town, or village to furnish normalmunicipal services of the city, town, or village to the unincorporated areawithin a reasonable time not to exceed three years after the annexation isto become effective. Such action shall be a class action against theinhabitants of such unincorporated area under the provisions of section507.070, RSMo.

(6) Except as provided in subsection 3 of this section, if the courtauthorizes the city, town, or village to make an annexation, thelegislative body of such city, town, or village shall not have the power toextend the limits of the city, town, or village by such annexation until anelection is held at which the proposition for annexation is approved by amajority of the total votes cast in the city, town, or village and by aseparate majority of the total votes cast in the unincorporated territorysought to be annexed. However, should less than a majority of the totalvotes cast in the area proposed to be annexed vote in favor of theproposal, but at least a majority of the total votes cast in the city,town, or village vote in favor of the proposal, then the proposal shallagain be voted upon in not more than one hundred twenty days by both theregistered voters of the city, town, or village and the registered votersof the area proposed to be annexed. If at least two-thirds of thequalified electors voting thereon are in favor of the annexation, then thecity, town, or village may proceed to annex the territory. If the proposalfails to receive the necessary majority, no part of the area sought to beannexed may be the subject of another proposal to annex for a period of twoyears from the date of the election, except that, during the two-yearperiod, the owners of all fee interests of record in the area or anyportion of the area may petition the city, town, or village for theannexation of the land owned by them pursuant to the procedures in section71.012. The elections shall if authorized be held, except as hereinotherwise provided, in accordance with the general state law governingspecial elections, and the entire cost of the election or elections shallbe paid by the city, town, or village proposing to annex the territory.

(7) Failure to comply in providing services to the said area or tozone in compliance with the plan of intent within three years after theeffective date of the annexation, unless compliance is made unreasonable byan act of God, shall give rise to a cause of action for deannexation whichmay be filed in the circuit court by any resident of the area who wasresiding in the area at the time the annexation became effective.

(8) No city, town, or village which has filed an action under thissection as this section read prior to May 13, 1980, which action is part ofan annexation proceeding pending on May 13, 1980, shall be required tocomply with subdivision (5) of this subsection in regard to such annexationproceeding.

(9) If the area proposed for annexation includes a public road orhighway but does not include all of the land adjoining such road orhighway, then such fee owners of record, of the lands adjoining saidhighway shall be permitted to intervene in the declaratory judgment actiondescribed in subdivision (5) of this subsection.

2. Notwithstanding any provision of subsection 1 of this section, forany annexation by any city with a population of three hundred fiftythousand or more inhabitants which is located in more than one county thatbecomes effective after August 28, 1994, if such city has not providedwater and sewer service to such annexed area within three years of theeffective date of the annexation, a cause of action shall lie fordeannexation, unless the failure to provide such water and sewer service tothe annexed area is made unreasonable by an act of God. The cause ofaction for deannexation may be filed in the circuit court by any residentof the annexed area who is presently residing in the area at the time ofthe filing of the suit and was a resident of the annexed area at the timethe annexation became effective. If the suit for deannexation issuccessful, the city shall be liable for all court costs and attorney fees.

3. Notwithstanding the provisions of subdivision (6) of subsection 1of this section, all cities, towns, and villages located in any county ofthe first classification with a charter form of government with apopulation of two hundred thousand or more inhabitants which adjoins acounty with a population of nine hundred thousand or more inhabitants shallcomply with the provisions of this subsection. If the court authorizes anycity, town, or village subject to this subsection to make an annexation,the legislative body of such city, town or village shall not have the powerto extend the limits of such city, town, or village by such annexationuntil an election is held at which the proposition for annexation isapproved by a majority of the total votes cast in such city, town, orvillage and by a separate majority of the total votes cast in theunincorporated territory sought to be annexed; except that:

(1) In the case of a proposed annexation in any area which iscontiguous to the existing city, town or village and which is within anarea designated as flood plain by the Federal Emergency Management Agencyand which is inhabited by no more than thirty registered voters and forwhich a final declaratory judgment has been granted prior to January 1,1993, approving such annexation and where notarized affidavits expressingapproval of the proposed annexation are obtained from a majority of theregistered voters residing in the area to be annexed, the area may beannexed by an ordinance duly enacted by the governing body and no electionsshall be required; and

(2) In the case of a proposed annexation of unincorporated territoryin which no qualified electors reside, if at least a majority of thequalified electors voting on the proposition are in favor of theannexation, the city, town or village may proceed to annex the territoryand no subsequent election shall be required.

If the proposal fails to receive the necessary separate majorities, no partof the area sought to be annexed may be the subject of any other proposalto annex for a period of two years from the date of such election, exceptthat, during the two-year period, the owners of all fee interests of recordin the area or any portion of the area may petition the city, town, orvillage for the annexation of the land owned by them pursuant to theprocedures in section 71.012. The election shall, if authorized, be held,except as otherwise provided in this section, in accordance with thegeneral state laws governing special elections, and the entire cost of theelection or elections shall be paid by the city, town, or village proposingto annex the territory. Failure of the city, town or village to comply inproviding services to the area or to zone in compliance with the plan ofintent within three years after the effective date of the annexation,unless compliance is made unreasonable by an act of God, shall give rise toa cause of action for deannexation which may be filed in the circuit courtby any resident of the area who was residing in such area at the time theannexation became effective or by any nonresident owner of real property insuch area.

(L. 1953 p. 309 § 1, A.L. 1980 H.B. 1110, A.L. 1986 H.B. 1261, A.L. 1990 H.B. 1536, A.L. 1992 S.B. 571, A.L. 1993 H.B. 566, A.L. 1994 S.B. 700 merged with S.B. 749, A.L. 1996 H.B. 1237, A.L. 1999 S.B. 160 & 82)

(2005) First valid step toward annexation is proposal of an ordinance to annex. City of St. Joseph v. Village of Country Club, 163 S.W.3d 905 (Mo.banc).