Section 15.9 Under § 71.015, RSMo

• Library: Local Government Deskbook (2017 Ed.)

2. (§15.9) Under § 71.015, RSMo

The general steps to be taken under § 71.015, RSMo 2016, commonly known as the Sawyer Act, are as follows:

· The governing body determines whether the land to be annexed is contiguous to the existing limits and whether the length of the contiguous boundary common to the existing limit and the proposed area to be annexed is at least 15% of the length of the perimeter of the area proposed for annexation. Section 71.015.1(1).

· If these requirements are met, the governing body adopts a resolution announcing its intention to annex and sets a date for a public hearing on an ordinance proposing annexation. Section 71.015.1(2), (3).

· The proposed ordinance is prepared, reciting:

- that the boundaries comply with the statutory requirements;

- that the annexation is reasonable and necessary to the proper development of the city;

- that a plan of intent has been developed to provide services to the area proposed for annexation;

- the date of the public hearing on the ordinance; and

- the proposed effective date for the annexation, which may be up to 36 months from the date of any election.

Section 71.015.1(2).

· The city makes a good faith effort to notify all fee owners of record within the area proposed to be annexed by certified mail between 30 days and 60 days before the hearing. A notice must also be published once a week for three consecutive weeks in a newspaper of general circulation qualified to publish legal matters in the relevant county at least 10 days but not more than 20 days before the hearing. Section 71.015.1(3).

· The plan of intent is made available at the hearing, and the city is prepared to submit evidence in support of it. Section 71.015.1(4). It must include:

- a listing of major services currently provided by the city;

- a time schedule for providing those services to the annexed area (it must be within three years of the effective date of annexation);

- the level of property assessment and rate of property tax;

- proposed zoning for the area to be annexed; and

- the proposed effective date of annexation.

· Assuming passage of the ordinance after the hearing, § 71.015.1(5), a § 507.070, RSMo 2016, declaratory judgment action is filed pleading:

- a description of the area to be annexed and the statutory boundary requirements;

- that such annexation is reasonable and necessary to the proper development of the city; and

- a recitation of the city’s ability to furnish normal municipal services within a reasonable time, not to exceed three years after annexation is effective.

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