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Missouri Senate Bill SB922

Missouri 2024 Regular Session

Missouri Senate Bill SB922 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 SECOND REGULAR SESSION
55 SENATE BILL NO. 922
66 102ND GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR EIGEL.
88 2824S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 71.012 and 71.015, RSMo, and to enact in lieu thereof two new sections relating
1111 to annexation by certain cities.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 71.012 and 71.015, RSMo, are repealed 1
1515 and two new sections enacted in lieu thereof, to be known as 2
1616 sections 71.012 and 71.015, to read as foll ows:3
1717 71.012. 1. Notwithstanding the provisions of sections 1
1818 71.015 and 71.860 to 71.920, the governing body of any city, 2
1919 town or village may annex unincorporated areas which are 3
2020 contiguous and compact to the existing corporate limits of 4
2121 the city, town or village pursuant to this section. The 5
2222 term "contiguous and compact" does not include a situation 6
2323 whereby the unincorporated area proposed to be annexed is 7
2424 contiguous to the annexing city, town or village only by a 8
2525 railroad line, trail, pipel ine or other strip of real 9
2626 property less than one -quarter mile in width within the 10
2727 city, town or village so that the boundaries of the city, 11
2828 town or village after annexation would leave unincorporated 12
2929 areas between the annexed area and the prior bounda ries of 13
3030 the city, town or village connected only by such railroad 14
3131 line, trail, pipeline or other such strip of real property. 15
3232 The term contiguous and compact shall include a situation 16
3333 whereby the unincorporated area proposed to be annexed would 17
3434 be contiguous and compact to the existing corporate limits 18 SB 922 2
3535 of the city, town, or village but for an intervening state 19
3636 highway or interstate highway as defined in section 304.001, 20
3737 or railroad right-of-way, regardless of whether any other 21
3838 city, town, or villa ge has annexed such state or interstate 22
3939 highway or railroad right -of-way or otherwise has an 23
4040 easement in such state or interstate highway or railroad 24
4141 right-of-way. The term contiguous and compact does not 25
4242 prohibit voluntary annexations pursuant to thi s section 26
4343 merely because such voluntary annexation would create an 27
4444 island of unincorporated area within the city, town or 28
4545 village, so long as the owners of the unincorporated island 29
4646 were also given the opportunity to voluntarily annex into 30
4747 the city, town or village. The term contiguous and compact 31
4848 shall include a situation whereby the unincorporated area 32
4949 proposed to be annexed is contiguous to the annexing city, 33
5050 town, or village by at least twenty -five percent of the 34
5151 length of the perimeter of the area proposed for 35
5252 annexation. No city, town, or village shall annex an 36
5353 unincorporated area contiguous to any unincorporated area 37
5454 annexed by the city, town, or village within the last twenty - 38
5555 four months. Notwithstanding the provisions of this 39
5656 section, the governing body of any city, town or village in 40
5757 any county of the third classification which borders a 41
5858 county of the fourth classification, a county of the second 42
5959 classification and the Mississippi River may annex areas 43
6060 along a road or highway up to two miles from existing 44
6161 boundaries of the city, town or village or the governing 45
6262 body in any city, town or village in any county of the third 46
6363 classification without a township form of government with a 47
6464 population of at least twenty -four thousand inhabitants but 48
6565 not more than thirty thousand inhabitants and such county 49
6666 contains a state correctional center may voluntarily annex 50 SB 922 3
6767 such correctional center pursuant to the provisions of this 51
6868 section if the correctional center is along a road or 52
6969 highway within two miles from the existing boundaries of the 53
7070 city, town or village. 54
7171 2. (1) When a notarized petition, requesting 55
7272 annexation and signed by the owners of all fee interests of 56
7373 record in all tracts of real property located within the 57
7474 area proposed to be annexed, or a request for annexation 58
7575 signed under the authority of the governing body of any 59
7676 common interest community and approved by a majority vote of 60
7777 unit owners located within the area proposed to be annexed 61
7878 is presented to the gove rning body of the city, town or 62
7979 village, the governing body shall hold a public hearing 63
8080 concerning the matter not less than fourteen nor more than 64
8181 sixty days after the petition is received, and the hearing 65
8282 shall be held not less than seven days after n otice of the 66
8383 hearing is published in a newspaper of general circulation 67
8484 qualified to publish legal matters and located within the 68
8585 boundary of the petitioned city, town or village. If no 69
8686 such newspaper exists within the boundary of such city, town 70
8787 or village, then the notice shall be published in the 71
8888 qualified newspaper nearest the petitioned city, town or 72
8989 village. For the purposes of this subdivision, the term 73
9090 "common-interest community" shall mean a condominium as said 74
9191 term is used in chapter 44 8, or a common-interest community, 75
9292 a cooperative, or a planned community. 76
9393 (a) A "common-interest community" shall be defined as 77
9494 real property with respect to which a person, by virtue of 78
9595 such person's ownership of a unit, is obliged to pay for 79
9696 real property taxes, insurance premiums, maintenance or 80
9797 improvement of other real property described in a 81
9898 declaration. "Ownership of a unit" does not include a 82 SB 922 4
9999 leasehold interest of less than twenty years in a unit, 83
100100 including renewal options; 84
101101 (b) A "cooperative" shall be defined as a common - 85
102102 interest community in which the real property is owned by an 86
103103 association, each of whose members is entitled by virtue of 87
104104 such member's ownership interest in the association to 88
105105 exclusive possession of a unit; 89
106106 (c) A "planned community" shall be defined as a common - 90
107107 interest community that is not a condominium or a 91
108108 cooperative. A condominium or cooperative may be part of a 92
109109 planned community. 93
110110 (2) At the public hearing any interested person, 94
111111 corporation or political subdivision may present evidence 95
112112 regarding the proposed annexation. If, after holding the 96
113113 hearing, the governing body of the city, town or village 97
114114 determines that the annexation is reasonable and necessary 98
115115 to the proper development of the city, town or village, and 99
116116 the city, town or village has the ability to furnish normal 100
117117 municipal services to the area to be annexed within a 101
118118 reasonable time, it may, subject to the provisions of 102
119119 subdivision (3) of this subsection, annex the terr itory by 103
120120 ordinance without further action. 104
121121 (3) If a written objection to the proposed annexation 105
122122 is filed with the governing body of the city, town or 106
123123 village not later than fourteen days after the public 107
124124 hearing by at least five percent of the q ualified voters of 108
125125 the city, town or village, or two qualified voters of the 109
126126 area sought to be annexed if the same contains two qualified 110
127127 voters, the provisions of sections 71.015 and 71.860 to 111
128128 71.920, shall be followed. 112
129129 3. If no objection is fil ed, the city, town or village 113
130130 shall extend its limits by ordinance to include such 114 SB 922 5
131131 territory, specifying with accuracy the new boundary lines 115
132132 to which the city's, town's or village's limits are 116
133133 extended. Upon duly enacting such annexation ordinance, t he 117
134134 city, town or village shall cause three certified copies of 118
135135 the same to be filed with the county assessor and the clerk 119
136136 of the county wherein the city, town or village is located, 120
137137 and one certified copy to be filed with the election 121
138138 authority, if different from the clerk of the county which 122
139139 has jurisdiction over the area being annexed, whereupon the 123
140140 annexation shall be complete and final and thereafter all 124
141141 courts of this state shall take judicial notice of the 125
142142 limits of that city, town or villag e as so extended. 126
143143 4. That a petition requesting annexation is not or was 127
144144 not verified or notarized shall not affect the validity of 128
145145 an annexation heretofore or hereafter undertaken in 129
146146 accordance with this section. 130
147147 5. Any action of any kind s eeking to deannex from any 131
148148 city, town, or village any area annexed under this section, 132
149149 or seeking in any way to reverse, invalidate, set aside, or 133
150150 otherwise challenge such annexation or oust such city, town, 134
151151 or village from jurisdiction over such annex ed area shall be 135
152152 brought within five years of the date of adoption of the 136
153153 annexation ordinance. 137
154154 6. Notwithstanding any other provision of law to the 138
155155 contrary, any city, town, or village which annexes an 139
156156 unincorporated area pursuant to this sectio n shall provide 140
157157 all municipal services to the annexed area. 141
158158 71.015. 1. Should any city, town, or village, not 1
159159 located in any county of the first classification which has 2
160160 adopted a constitutional charter for its own local 3
161161 government, seek to annex an area to which objection is 4
162162 made, the following shall be satisfied: 5 SB 922 6
163163 (1) Before the governing body of any city, town, or 6
164164 village has adopted a resolution to annex any unincorporated 7
165165 area of land, such city, town, or village shall first as a 8
166166 condition precedent determine that: 9
167167 (a) The land to be annexed is contiguous to the 10
168168 existing city, town, or village limits and that the length 11
169169 of the contiguous boundary common to the existing city, 12
170170 town, or village limit and the propo sed area to be annexed 13
171171 is at least fifteen percent of the length of the perimeter 14
172172 of the area proposed for annexation; or 15
173173 (b) The land to be annexed would be contiguous and 16
174174 compact to the existing city, town, or village limits but 17
175175 for an intervening state highway or interstate highway as 18
176176 defined in section 304.001, or railroad right -of-way, and 19
177177 the shared border of the land to be annexed and existing 20
178178 city, town, or village composes at least fifteen percent of 21
179179 the total perimeter of the land to be annexed. For purposes 22
180180 of calculating the length of such border under this 23
181181 paragraph, the border between the land to be annexed and the 24
182182 existing city, town, or village shall be deemed to be: 25
183183 a. If an intervening state highway or interstate 26
184184 highway, the centerline; or 27
185185 b. If a railroad right-of-way, the midpoint between 28
186186 the outermost rails if there are rails or the best estimate 29
187187 of the middle of the right -of-way if there are no rails; 30
188188 (2) The governing body of any city, town, or vi llage 31
189189 shall propose an ordinance setting forth the following: 32
190190 (a) The area to be annexed and affirmatively stating 33
191191 that the boundaries comply with the condition precedent 34
192192 referred to in subdivision (1) above; 35
193193 (b) That such annexation is reas onable and necessary 36
194194 to the proper development of the city, town, or village; 37 SB 922 7
195195 (c) That the city has developed a plan of intent to 38
196196 provide services to the area proposed for annexation; 39
197197 (d) That a public hearing shall be held prior to the 40
198198 adoption of the ordinance; 41
199199 (e) When the annexation is proposed to be effective, 42
200200 the effective date being up to thirty -six months from the 43
201201 date of any election held in conjunction thereto; 44
202202 (3) The city, town, or village shall fix a date for a 45
203203 public hearing on the ordinance and make a good faith effort 46
204204 to notify all fee owners of record within the area proposed 47
205205 to be annexed by certified mail, not less than thirty nor 48
206206 more than sixty days before the hearing, and notify all 49
207207 residents of the are a by publication of notice in a 50
208208 newspaper of general circulation qualified to publish legal 51
209209 matters in the county or counties where the proposed area is 52
210210 located, at least once a week for three consecutive weeks 53
211211 prior to the hearing, with at least one s uch notice being 54
212212 not more than twenty days and not less than ten days before 55
213213 the hearing; 56
214214 (4) At the hearing referred to in subdivision (3) of 57
215215 this subsection, the city, town, or village shall present 58
216216 the plan of intent and evidence in support th ereof to 59
217217 include: 60
218218 (a) A list of major services presently provided by the 61
219219 city, town, or village including, but not limited to, police 62
220220 and fire protection, water and sewer systems, street 63
221221 maintenance, parks and recreation, and refuse collection; 64
222222 (b) A proposed time schedule whereby the city, town, 65
223223 or village plans to provide such services to the residents 66
224224 of the proposed area to be annexed within three years from 67
225225 the date the annexation is to become effective; 68 SB 922 8
226226 (c) The level at which the city, town, or village 69
227227 assesses property and the rate at which it taxes that 70
228228 property; 71
229229 (d) How the city, town, or village proposes to zone 72
230230 the area to be annexed; 73
231231 (e) When the proposed annexation shall become 74
232232 effective; 75
233233 (5) Following the hearing, and either before or after 76
234234 the election held in subdivision (6) of this subsection, 77
235235 should the governing body of the city, town, or village vote 78
236236 favorably by ordinance to annex the area, the governing body 79
237237 of the city, town or village shall file an action in the 80
238238 circuit court of the county in which such unincorporated 81
239239 area is situated, under the provisions of chapter 527, 82
240240 praying for a declaratory judgment authorizing such 83
241241 annexation. The petition in such action shall state facts 84
242242 showing: 85
243243 (a) The area to be annexed and its conformity with the 86
244244 condition precedent referred to in subdivision (1) of this 87
245245 subsection; 88
246246 (b) That such annexation is reasonable and necessary 89
247247 to the proper development of the city, town, or villa ge; and 90
248248 (c) The ability of the city, town, or village to 91
249249 furnish normal municipal services of the city, town, or 92
250250 village to the unincorporated area within a reasonable time 93
251251 not to exceed three years after the annexation is to become 94
252252 effective. Such action shall be a class action against the 95
253253 inhabitants of such unincorporated area under the provisions 96
254254 of section 507.070; 97
255255 (6) Except as provided in subsection 3 of this 98
256256 section, if the court authorizes the city, town, or village 99
257257 to make an annexation, the legislative body of such city, 100 SB 922 9
258258 town, or village shall not have the power to extend the 101
259259 limits of the city, town, or village by such annexation 102
260260 until an election is held at which the proposition for 103
261261 annexation is approved by a majority o f the total votes cast 104
262262 in the city, town, or village and by a separate majority of 105
263263 the total votes cast in the unincorporated territory sought 106
264264 to be annexed. However, should less than a majority of the 107
265265 total votes cast in the area proposed to be annex ed vote in 108
266266 favor of the proposal, but at least a majority of the total 109
267267 votes cast in the city, town, or village vote in favor of 110
268268 the proposal, then the proposal shall again be voted upon in 111
269269 not more than one hundred twenty days by both the registered 112
270270 voters of the city, town, or village and the registered 113
271271 voters of the area proposed to be annexed. If at least two- 114
272272 thirds of the qualified electors voting thereon are in favor 115
273273 of the annexation, then the city, town, or village may 116
274274 proceed to annex the territory. If the proposal fails to 117
275275 receive the necessary majority, no part of the area sought 118
276276 to be annexed may be the subject of another proposal to 119
277277 annex for a period of two years from the date of the 120
278278 election, except that, during the two -year period, the 121
279279 owners of all fee interests of record in the area or any 122
280280 portion of the area may petition the city, town, or village 123
281281 for the annexation of the land owned by them pursuant to the 124
282282 procedures in section 71.012. The elections shall if 125
283283 authorized be held, except as herein otherwise provided, in 126
284284 accordance with the general state law governing special 127
285285 elections, and the entire cost of the election or elections 128
286286 shall be paid by the city, town, or village proposing to 129
287287 annex the territory; 130
288288 (7) Failure to comply in providing services to the 131
289289 said area or to zone in compliance with the plan of intent 132 SB 922 10
290290 within three years after the effective date of the 133
291291 annexation, unless compliance is made unreasonable by an act 134
292292 of God, shall give rise to a cau se of action for 135
293293 deannexation which may be filed in the circuit court by any 136
294294 resident of the area who was residing in the area at the 137
295295 time the annexation became effective; 138
296296 (8) No city, town, or village which has filed an 139
297297 action under this section as this section read prior to May 140
298298 13, 1980, which action is part of an annexation proceeding 141
299299 pending on May 13, 1980, shall be required to comply with 142
300300 subdivision (5) of this subsection in regard to such 143
301301 annexation proceeding; 144
302302 (9) If the area proposed for annexation includes a 145
303303 public road or highway but does not include all of the land 146
304304 adjoining such road or highway, then such fee owners of 147
305305 record, of the lands adjoining said highway shall be 148
306306 permitted to intervene in the declaratory judgment action 149
307307 described in subdivision (5) of this subsection. 150
308308 2. Notwithstanding any provision of subsection 1 of 151
309309 this section, for any annexation by any city with a 152
310310 population of three hundred fifty thousand or more 153
311311 inhabitants which is located in mo re than one county that 154
312312 becomes effective after August 28, 1994, if such city has 155
313313 not provided water and sewer service to such annexed area 156
314314 within three years of the effective date of the annexation, 157
315315 a cause of action shall lie for deannexation, unless the 158
316316 failure to provide such water and sewer service to the 159
317317 annexed area is made unreasonable by an act of God. The 160
318318 cause of action for deannexation may be filed in the circuit 161
319319 court by any resident of the annexed area who is presently 162
320320 residing in the area at the time of the filing of the suit 163
321321 and was a resident of the annexed area at the time the 164 SB 922 11
322322 annexation became effective. If the suit for deannexation 165
323323 is successful, the city shall be liable for all court costs 166
324324 and attorney fees. 167
325325 3. Notwithstanding the provisions of subdivision (6) 168
326326 of subsection 1 of this section, all cities, towns, and 169
327327 villages located in any county of the first classification 170
328328 with a charter form of government with a population of more 171
329329 than two hundred thousand [or more inhabitants] but fewer 172
330330 than two hundred thirty thousand inhabitants which adjoins a 173
331331 county with a population of nine hundred thousand or more 174
332332 inhabitants shall comply with the provisions of this 175
333333 subsection. If the court authorizes any city, town, o r 176
334334 village subject to this subsection to make an annexation, 177
335335 the legislative body of such city, town or village shall not 178
336336 have the power to extend the limits of such city, town, or 179
337337 village by such annexation until an election is held at 180
338338 which the proposition for annexation is approved by a 181
339339 majority of the total votes cast in such city, town, or 182
340340 village and by a separate majority of the total votes cast 183
341341 in the unincorporated territory sought to be annexed; except 184
342342 that: 185
343343 (1) In the case of a prop osed annexation in any area 186
344344 which is contiguous to the existing city, town or village 187
345345 and which is within an area designated as flood plain by the 188
346346 Federal Emergency Management Agency and which is inhabited 189
347347 by no more than thirty registered voters and f or which a 190
348348 final declaratory judgment has been granted prior to January 191
349349 1, 1993, approving such annexation and where notarized 192
350350 affidavits expressing approval of the proposed annexation 193
351351 are obtained from a majority of the registered voters 194
352352 residing in the area to be annexed, the area may be annexed 195 SB 922 12
353353 by an ordinance duly enacted by the governing body and no 196
354354 elections shall be required; and 197
355355 (2) In the case of a proposed annexation of 198
356356 unincorporated territory in which no qualified electors 199
357357 reside, if at least a majority of the qualified electors 200
358358 voting on the proposition are in favor of the annexation, 201
359359 the city, town or village may proceed to annex the territory 202
360360 and no subsequent election shall be required. 203
361361 If the proposal fails to receive the n ecessary separate 204
362362 majorities, no part of the area sought to be annexed may be 205
363363 the subject of any other proposal to annex for a period of 206
364364 two years from the date of such election, except that, 207
365365 during the two-year period, the owners of all fee interests 208
366366 of record in the area or any portion of the area may 209
367367 petition the city, town, or village for the annexation of 210
368368 the land owned by them pursuant to the procedures in section 211
369369 71.012 or 71.014. The election shall, if authorized, be 212
370370 held, except as otherw ise provided in this section, in 213
371371 accordance with the general state laws governing special 214
372372 elections, and the entire cost of the election or elections 215
373373 shall be paid by the city, town, or village proposing to 216
374374 annex the territory. Failure of the city, to wn or village 217
375375 to comply in providing services to the area or to zone in 218
376376 compliance with the plan of intent within three years after 219
377377 the effective date of the annexation, unless compliance is 220
378378 made unreasonable by an act of God, shall give rise to a 221
379379 cause of action for deannexation which may be filed in the 222
380380 circuit court not later than four years after the effective 223
381381 date of the annexation by any resident of the area who was 224
382382 residing in such area at the time the annexation became 225 SB 922 13
383383 effective or by any n onresident owner of real property in 226
384384 such area. 227
385385 4. Except for a cause of action for deannexation under 228
386386 subdivision (2) of subsection 3 of this section, any action 229
387387 of any kind seeking to deannex from any city, town, or 230
388388 village any area annexed und er this section, or seeking in 231
389389 any way to reverse, invalidate, set aside, or otherwise 232
390390 challenge such annexation or oust such city, town, or 233
391391 village from jurisdiction over such annexed area shall be 234
392392 brought within five years of the date of the adoption of the 235
393393 annexation ordinance. 236
394394