Louisiana 2015 Regular Session

Louisiana House Bill HB733 Latest Draft

Bill / Engrossed Version

                            HLS 15RS-283	ENGROSSED
2015 Regular Session
HOUSE BILL NO. 733
BY REPRESENTATIVE HENSGENS
MUNICIPAL/ANNEXATION:  Provides relative to annexation procedures in the city of
Abbeville
1	AN ACT
2To enact R.S. 33:172.4 and to repeal R.S. 33:172.4, relative to the city of Abbeville; to
3 provide with respect to annexation procedures; to provide with respect to notice for
4 property owners in areas to be annexed; to provide with respect to public hearings
5 relative to proposed annexations; and to provide for related matters.
6	Notice of intention to introduce this Act has been published
7	as provided by Article III, Section 13 of the Constitution of
8	Louisiana.
9Be it enacted by the Legislature of Louisiana:
10 Section 1.  R.S. 33:172.4 is hereby enacted to read as follows:
11 ยง172.4.  City of Abbeville; authority to annex certain properties; notice to property
12	owners
13	A.  Notwithstanding the provisions of R.S. 33:172(A)(1)(a) and R.S.
14 33:172(D) to the contrary, the city of Abbeville may adopt an ordinance annexing
15 properties without obtaining the request or approval of the residents and property
16 owners of the area if the area to be annexed is an unincorporated area of less than
17 five acres that exists completely within the external boundaries of the city of
18 Abbeville.
19	B.  The city of Abbeville shall hold a public hearing to receive public
20 comment concerning the annexation of such properties.  The governing authority of
21 the city shall provide notice of its intent to annex such properties by advertisement
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HB NO. 733
1 in its official journal on at least three separate days at least thirty days prior to the
2 date on which the hearing is to be held.  After such hearing and after giving due
3 consideration to any public comment, the governing authority of the city may, at a
4 regularly scheduled meeting, adopt an ordinance that authorizes such annexation. In
5 addition to notice by publication, and at least ten days prior to the hearing, a good
6 faith attempt to notify the owner or owners of record of the properties to be annexed
7 shall be made by the sending of an official notice by certified mail of the time and
8 place of the hearing.
9 Section 2.  R.S. 33:172.4 as enacted by this Act is hereby repealed in its entirety.
10 Section 3.  Section 2 of this Act shall become effective on December 31, 2017.
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 733 Engrossed 2015 Regular Session	Hensgens
Abstract: Provides relative to annexation procedures in the city of Abbeville.
Present law (R.S. 33:171 et seq.) authorizes municipalities to annex contiguous territory by
ordinance.  Generally requires compliance with one of the following procedures in adoption
of the ordinance:
(1)The ordinance is requested by a petition signed by a majority of the registered voters
and a majority in number of the resident property owners as well as 25% in value of
the property of the resident property owners within the area proposed to be included
in the corporate limits.  Provides that the requirement for voter signatures shall not
apply if there are no registered voters in the area.
(2)The ordinance is approved by the voters of the area proposed to be annexed in an
election requested by a petition signed by at least 25% of the resident property
owners and by the owners of at least 25% in value of the resident property within
such area.
Proposed law authorizes the city of Abbeville to adopt an ordinance annexing properties
without obtaining the request or approval of the residents and property owners of the area
required by present law if the area to be annexed is an unincorporated area of less than five
acres that exists completely within the external boundaries of the city.
Proposed law further requires the city of Abbeville to hold a public hearing to receive public
comment concerning the annexation of such properties.  Requires the governing authority
of the city to provide notice of its intent to annex such properties by advertisement in its
official journal on at least three separate days at least 30 days prior to the date on which the
hearing is to be held.  Provides that, after such hearing, the governing authority of the city
may adopt an ordinance that authorizes such annexation.  Further requires, at least 10 days
prior to the hearing, a good faith attempt to notify the owner or owners of record of the
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HB NO. 733
properties to be annexed by the sending of an official notice by certified mail of the time and
place of the hearing.
Proposed law is repealed effective Dec. 31, 2017.
(Adds R.S. 33:172.4; Repeals R.S. 33:172.4)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial
and Cultural Affairs to the original bill:
1. Add provision to repeal proposed law on Dec. 31, 2017.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.