16 - DISANNEXATION REQUESTS 36TH N.E.

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(1) Within a specified time limit, a city that is proposing an annexation must complete a service plan that provides for the extension of full municipal services to the area to be annexed. (Sec.43.056). (II) Said full municipal services must be provided in the annexed area no later than 2% years after the effective date of the annexation. (There is opportunity for extension of certain services, but no later than 4% years after the date of the annexation.) (Ili) However, under this program if a city provides any of the following services within its corporate limits prior to annexation, the city must provide those services in the area proposed for annexation on the effective date of the annexation of the area: (a) police protection; (b) fire; (c) emergency medical services; (d) solid waste collection (except as certain conditions require); (e) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility (as defined by CCNs); (f) operation and maintenance of roads and streets, including road and street lighting; (g) operation and maintenance of parks, playgrounds, and swimming pools, and (h) operation and maintenance of any other publicly owned facility, building, or service. The service plan may be amended to extend the period of construction if said construction is occurring as quickly as possible. There are also other criteria regarding provision of services in the annexed area based on the existing level of service in the area to be annexed, etc. The proposed service plan must be made available for public inspection and explained to the inhabitants of the area at the public hearings held under Sec. 43.0561. A service plan is valid for ten years; renewal of the service plan is at the discretion of the municipality. There are also other opportunities for citizens to enforce the service plan. Section 4: Provisions Regarding Disannexation 1. Disannexation for Failure to Provide Services (Sec. 43.141): (A) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area within the period specified by Section 43.056 or by the service plan prepared for the area under that Section.