Any request for a proposed annexation shall be submitted in writing to the City Clerk, who shall notify the Secretary of the Planning Commission not later than the third Monday of each month concerning the application.

(Code 1968, § 25-144; Ord. No. 613, § 2(4.26.010))

(a)

The proposed annexation application shall contain the following requirements and cover the following subject matter:

(1)

Names of owners;

(2)

Proof in writing that all owners have agreed to the annexation;

(3)

Legal description of the property proposed to be annexed;

(4)

Map of the property sufficient in detail to show property lines, elevations, contour lines, vegetation and any other matters which the Commission may deem necessary to properly inform itself;

(5)

Present existing Use of the land;

(6)

Proposed land Use together with request for the desired zoning if the same is annexed;

(7)

Availability of water, gas and other municipal or utility service;

(8)

Projected cost of the services for such utility or other municipal charges;

(9)

The present zoning of the land if already zoned by the County;

(10)

A complete statement of intent as to the construction of streets and alleys and the proposed method of payment for same;

(11)

A complete statement of intent as to the construction of utilities to serve the proposed area to be annexed and zoned and the proposed method of payment for same;

(12)

Any other requirements which may be necessary to comply with applicable State statutes;

(b)

The applicant shall state in such application the name of the person together with their address upon whom communications at any time shall be served.

(Code 1968, § 25-145; Ord. No. 613, § 2(4.26.020))

The Planning Commission shall informally review the application and shall determine whether any further information is necessary or required. If such information is required, notification shall be sent concerning the same in detail by the City Clerk to the applicant at once. Such further information shall be returned to the City Clerk no later than the third Monday of each month and shall be again considered. When the application has been accepted in the form suitable to the Planning Commission, the Commission shall set a date for hearing. The Planning Commission may shorten the time between acceptance of the application and the time set for hearing, which date of hearing shall be set no later than 45 days from the date of acceptance of the application.

(Code 1968, § 25-146; Ord. No. 613, § 2(4.26.030))

(a)

The Planning Commission shall send notice of the date of the hearing to the applicant for such annexation and shall require such applicant to post a notice on the property sought to be annexed and zoned, such notice to be no smaller than four by four feet with letters no less than one inch in height. The notice shall be posted no less than 15 continuous days on a conspicuous place on the property. Such notice shall state the date, time and place of the hearing and the purpose of the hearing, including the proposed zoning. A notice containing the same information shall be placed in a local newspaper at least once, 15 days prior to the date of the hearing.

(b)

The hearing shall be public, and all persons wishing to appear and present evidence in support of or in opposition to such proposal shall be heard after being sworn. The testimony may be taken by an electronic device unless any person in interest shall require the services of a stenographic reporter, in which case the person so requesting shall pay for the services.

(c)

The Planning Commission shall have no later than 15 days from the date of hearing to approve or disapprove or make any modifications for such annexation and zoning, which decision must be in writing and must be voted upon in public according to the requirements of the applicable statutes of the State. Notice of the date that such commission vote will be had shall be announced at the public hearing so that all interested parties may be informed of the date.

(d)

The finding and decision of the Planning Commission, either approving, disapproving or modifying the proposal, shall at once be transmitted to the City Clerk. The City Clerk shall transmit such finding and decision to the Council at the first regular meeting of the Council after the date of the Commission decision.

(e)

The Council shall at such regular meeting fix a time, place and date for public hearing upon such proposal which shall be at least 15 days, but in no event more than 25 days, from the date of the regular Council meeting date. Thereafter, the posting of the property, publication and procedure shall be the same as set forth in subsections (a) and (b) of this section.

(f)

The Council after the hearing shall then render a written decision no later than the next regular meeting of the Council and the decision shall be sent by certified mail to all persons in interest at once. Persons in interest, for the purposes of this subsection, shall be only those persons who request in writing a copy of the decision and who pay for the mailing and the copy of the decision the sum per copy established by a fee-setting resolution by the Council, giving to the City Clerk their address for said purpose.

(g)

At the hearing before the Council, all persons who wish to be heard may be heard either in person, by an agent or attorney, or by filing some written protest, objection or statement favoring or opposing the annexation and zoning. Persons wishing to be heard shall be sworn.

(h)

If the decision is favorable, an ordinance shall be at once prepared, passed and published in the form and manner provided by law. If the decision is not favorable, applicants may proceed under the applicable provisions of the statutes of the State and the applicable Rules of Civil Procedure.

(Code 1968, § 25-147; Ord. No. 613, § 2(4.26.040))

(a)

At the time of filing of the application before the Planning Commission, applicants shall pay to the City Clerk an application fee in the amount established by resolution to apply on any and all costs connected with the application and processing.

(b)

The fee shall not be refundable.

(c)

Cost of publication of notices and posting and cost of any transcript of hearing shall be paid by the person requesting the same. The cost of publishing the ordinance and recording any necessary information concerning the same with the County Clerk and Recorder shall be paid by the City.

(Code 1968, § 25-148; Ord. No. 613, § 2(4.26.050))

If annexation is accomplished by means other than voluntary petition of all landowners requesting the same, all procedures hereunder shall be as required by the then-applicable statutes of the State relative to annexation by means other than voluntary petition; provided, however, that in the event such annexation is accomplished by other than voluntary petition, any necessary zoning under the provisions of the statutes of the State or of this chapter shall apply insofar as such zoning is concerned.

(Code 1968, § 25-149; Ord. No. 613, § 2(4.26.060))