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HB16-1272

Disconnection Of Land From A Municipality

Concerning procedures to be followed in connection with the disconnection by ordinance of land from a municipality.
Session:
2016 Regular Session
Subject:
Local Government
Bill Summary

The act modifies existing procedures to be followed in connection with the disconnection by ordinance of land from statutory cities and towns.

In connection with a disconnection application (application), the act requires the owner of the land that is the subject of the application (owner) to provide notice and a copy of the application to the board of county commissioners of the county (county board) in which the tract of land that is the subject of the application is located and to the board of directors of any affected special district (special district board).

Not more than 30 days after receipt of the notice, the act requires either the county board or the special district board to request a meeting with the owner and the governing body of the municipality, or its appointee, to discuss and address any negative impacts on the county that would result from the disconnection. If such meeting is requested, the owner and the governing body or its appointee are required to meet with either the county board, or its appointee, or the special district board, or its appointee, not more than 30 days after the meeting was requested. Failure by either the county board or the special district board to request a meeting constitutes an acknowledgment by the particular board that the disconnection will not adversely affect the county or an affected special district, as applicable.

The act defines 'affected special district' to mean any special district that by its service plan or pursuant to an intergovernmental agreement is or will be expected to provide service to the tract of land that is the subject of the disconnection application. The act uses the term 'negative impact' to include any change in the level or extent of services being provided to the tract of land by any special district.

The act also substitutes the term 'municipality' for 'city or town' in connection with statutory provisions governing the disconnection process.

(Note: This summary applies to this bill as enacted.)

Status

Introduced
Passed
Became Law

Bill Text