HB2425113th GA (Historical)Introduced

Amends TCA Title 6, Chapter 51, Part 1 and Title 13, Chapter 7.

RESOLUTION FOR ANNEXATION BY REFERENDUM Present law requires a copy of the resolution, describing the territory proposed for annexation, to be promptly sent by the municipality to the last known address listed in the office of the property assessor for each property owner of record within the territory proposed for annexation. The resolution must be sent by first class mail and must be mailed no later than 14 calendar days prior to the scheduled date of the hearing on such proposed annexation. The resolution must also be published by posting copies of it in at least three public places in the territory proposed for annexation and in a like number of public places in the municipality proposing such annexation, and by publishing notice of such resolution at or about the same time in a newspaper of general circulation, if there is one, in such territory and municipality. The resolution must also include a plan of services for the area proposed for annexation. The plan of services must comply with the requirements of existing law. Upon adoption of the plan of services, the municipality must cause a copy of the resolution to be forwarded to the county mayor in whose county the territory being annexed is located. This bill changes the present law by replacing the above provisions and requiring, instead, the municipality to send a copy of the resolution describing the territory proposed for annexation to the last known address listed in the office of the property assessor for each property owner within the territory proposed for annexation, each adjoining property owner, the county mayor, and the county commissioners whose district includes the territory. No later than 21 calendar days prior to the scheduled date of the first hearing on such proposed annexation, the resolution, which must include a plan of services for the area proposed for annexation, must be (i) sent by first class mail pursuant to this provision); (ii) posted in at least three public places in the territory proposed for annexation and in a like number of public places in the municipality proposing such annexation; and (iii) published in a newspaper of general circulation, if there is one, in such territory and municipality. No later than 21 calendar days prior to the scheduled date of the first hearing on such proposed annexation, this bill requires the municipality to post signage that informs viewers of the proposed annexation; the date, time, and location of the public hearing on the proposed annexation; and a website address for additional information. The signs used must be a minimum of three feet wide by two feet tall, be affixed to a sturdy base with the top of the sign no less than five feet from the ground, and be posted within the territory proposed for annexation and along any thoroughfare bordering the territory. The signs must remain until the territory is annexed or the annexation is abandoned. PLAN OF SERVICES Present law requires, before a plan of services may be adopted, the municipality to submit the plan of services to the local planning commission, if there is one, for study and a written report, to be rendered within 90 days after such submission, unless by resolution of the governing body a longer period is allowed. Before the adoption of the plan of services, a municipality must hold a public hearing. Notice of the time, place, and purpose of the public hearing must be published in a newspaper of general circulation in the municipality not less than 15 days before the hearing. The notice must include the locations of a minimum of three copies of the plan of services, which the municipality must provide for public inspection during all business hours from the date of notice until the public hearing. The bill changes the present law above by requiring the local planning commission to hold a public hearing on the plan of services at least seven days prior to the public hearing. Additionally, this bill changes the above present law by requiring a municipality to hold a public hearing, with the notice of the time, place, and purpose of the public hearing to be published in a newspaper of general circulation in the municipality not less than 21 days, instead of 15 days, before the hearing. HEARING ON ORDINANCE OR AMENDMENT Before enacting the zoning ordinance or any amendment thereof, the chief legislative body to hold a public hearing, present law requires at least 15 days' notice of the time and place of which must be published in the official municipal journal or in a newspaper of general circulation in the municipality. This bill changes the present law by requiring, instead, a 21 calendar days' notice for the public hearing. NOTICE OF INTENT TO ADOPT ORDINANCE Present law requires, before adopting the regional ordinance covering territory outside the municipality and which is not then zoned by the county, the county mayor to be given at least six months' notice of the interest and intent of the municipality to adopt such ordinance. A letter signed jointly by the mayor of such municipality and the chair of the regional planning commission and delivered to the county mayor by registered or certified mail is considered sufficient notice. Upon preparation of the zoning plan by the regional planning commission and certification of same to the chief legislative body of the municipality, the chief legislative body must hold a public hearing thereon, at least 15 days' notice of the time and place of which must be published in the official municipal journal or in a newspaper of general circulation in the affected region. This bill changes the present law by requiring, instead, a 21 calendar days' notice for the public hearing.

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Overview

RESOLUTION FOR ANNEXATION BY REFERENDUM Present law requires a copy of the resolution, describing the territory proposed for annexation, to be promptly sent by the municipality to the last known address listed in the office of the property assessor for each property owner of record within the territory proposed for annexation. The resolution must be sent by first class mail and must be mailed no later than 14 calendar days prior to the scheduled date of the hearing on such proposed annexation. The resolution must also be published by posting copies of it in at least three public places in the territory proposed for annexation and in a like number of public places in the municipality proposing such annexation, and by publishing notice of such resolution at or about the same time in a newspaper of general circulation, if there is one, in such territory and municipality. The resolution must also include a plan of services for the area proposed for annexation. The plan of services must comply with the requirements of existing law. Upon adoption of the plan of services, the municipality must cause a copy of the resolution to be forwarded to the county mayor in whose county the territory being annexed is located. This bill changes the present law by replacing the above provisions and requiring, instead, the municipality to send a copy of the resolution describing the territory proposed for annexation to the last known address listed in the office of the property assessor for each property owner within the territory proposed for annexation, each adjoining property owner, the county mayor, and the county commissioners whose district includes the territory. No later than 21 calendar days prior to the scheduled date of the first hearing on such proposed annexation, the resolution, which must include a plan of services for the area proposed for annexation, must be (i) sent by first class mail pursuant to this provision); (ii) posted in at least three public places in the territory proposed for annexation and in a like number of public places in the municipality proposing such annexation; and (iii) published in a newspaper of general circulation, if there is one, in such territory and municipality. No later than 21 calendar days prior to the scheduled date of the first hearing on such proposed annexation, this bill requires the municipality to post signage that informs viewers of the proposed annexation; the date, time, and location of the public hearing on the proposed annexation; and a website address for additional information. The signs used must be a minimum of three feet wide by two feet tall, be affixed to a sturdy base with the top of the sign no less than five feet from the ground, and be posted within the territory proposed for annexation and along any thoroughfare bordering the territory. The signs must remain until the territory is annexed or the annexation is abandoned. PLAN OF SERVICES Present law requires, before a plan of services may be adopted, the municipality to submit the plan of services to the local planning commission, if there is one, for study and a written report, to be rendered within 90 days after such submission, unless by resolution of the governing body a longer period is allowed. Before the adoption of the plan of services, a municipality must hold a public hearing. Notice of the time, place, and purpose of the public hearing must be published in a newspaper of general circulation in the municipality not less than 15 days before the hearing. The notice must include the locations of a minimum of three copies of the plan of services, which the municipality must provide for public inspection during all business hours from the date of notice until the public hearing. The bill changes the present law above by requiring the local planning commission to hold a public hearing on the plan of services at least seven days prior to the public hearing. Additionally, this bill changes the above present law by requiring a municipality to hold a public hearing, with the notice of the time, place, and purpose of the public hearing to be published in a newspaper of general circulation in the municipality not less than 21 days, instead of 15 days, before the hearing. HEARING ON ORDINANCE OR AMENDMENT Before enacting the zoning ordinance or any amendment thereof, the chief legislative body to hold a public hearing, present law requires at least 15 days' notice of the time and place of which must be published in the official municipal journal or in a newspaper of general circulation in the municipality. This bill changes the present law by requiring, instead, a 21 calendar days' notice for the public hearing. NOTICE OF INTENT TO ADOPT ORDINANCE Present law requires, before adopting the regional ordinance covering territory outside the municipality and which is not then zoned by the county, the county mayor to be given at least six months' notice of the interest and intent of the municipality to adopt such ordinance. A letter signed jointly by the mayor of such municipality and the chair of the regional planning commission and delivered to the county mayor by registered or certified mail is considered sufficient notice. Upon preparation of the zoning plan by the regional planning commission and certification of same to the chief legislative body of the municipality, the chief legislative body must hold a public hearing thereon, at least 15 days' notice of the time and place of which must be published in the official municipal journal or in a newspaper of general circulation in the affected region. This bill changes the present law by requiring, instead, a 21 calendar days' notice for the public hearing.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 30, 2024

Subjects
333053100155

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