Jefferson County may contract with any Municipality, Special
District or other district for the performance of any governmental
function or service by one for or on behalf of the other on such cost
sharing basis as they may agree in the contract. Jefferson County
may not, however, set fees or assess charges in contracts with Municipalities,
Special Districts and other districts that exceed the actual cost
of performing the function or service except in cases where Missouri
Law establishes or requires greater fees or charges.
The County Executive may negotiate, and upon approval by the
County Council may enter into, intergovernmental agreements with cities,
towns, villages, municipalities and districts that provide for the
coordinated adoption of uniform Building Codes, procedures for enforcement
of Building Codes, licensing of contractors, subcontractors, journeymen
and apprentices, and the imposition of fines and debarment from public
work for substantial violations of Building Codes. The County Executive
and the County Council are to encourage such intergovernmental agreements
in order to provide uniform Building Codes throughout Jefferson County.
The County Council may not by Ordinance or resolution, and the
County Government may not by order, rule or other action, terminate
the program of rebatement to any Municipality of road and bridge taxes
in existence when this Charter was adopted, or reduce the percentage
of road and bridge taxes rebated to Municipalities, without the agreement
of the Governing Body of the Municipality.
13.4.1.
If any Municipality in Jefferson County seeks to annex an unincorporated
area of Jefferson County and an objection to the annexation is made
as provided in Missouri Law, all of the following requirements must
be satisfied:
13.4.1.1.
Before adopting a resolution to annex, the governing body of
the Municipality must propose an ordinance stating the date when the
annexation is proposed to be effective, which may be up to thirty-six
months after the date of the election or elections held as required
by Section 13.4.1.5, and also stating all of the following:
13.4.1.1.1.
The area proposed to be annexed is contiguous
to the existing limits of the Municipality.
13.4.1.1.2.
The length of the common boundary between
the Municipality and the area proposed to be annexed is at least fifteen
percent of the entire perimeter of the area to be annexed.
13.4.1.1.3.
The annexation is reasonable and necessary
to the proper development of the Municipality.
13.4.1.1.4.
The Municipality has developed a plan to
provide services to the area proposed to be annexed and intends to
provide those services.
13.4.1.1.5.
A public hearing is to be held prior to
the adoption of the ordinance.
13.4.1.2.
The municipality must fix a date for a public hearing on the
proposed ordinance and make a good faith effort to notify all fee
owners of record within the area proposed to be annexed by certified
mail, not less than thirty nor more than sixty days before the hearing,
and notify all residents of the area by publication of notice in a
newspaper of general circulation qualified to publish legal matters
in Jefferson County, at least once a week for three consecutive weeks
prior to the hearing, with at least one of the published notices being
not more than twenty days and not less than ten days before the hearing.
13.4.1.3.
At the public hearing, the Municipality must present its plan
to provide services to the area proposed to be annexed and evidence
of its intent to do so. The plan presented must include the following:
13.4.1.3.1.
A list of major services presently provided
by the Municipality including but not limited to police and fire protection,
water and sewer services, street maintenance, parks and recreation,
refuse collection and other Municipal services;
13.4.1.3.2.
A proposed time schedule for providing
these services to the residents of the area proposed to be annexed
within three years from the date the annexation is to become effective;
13.4.1.3.3.
The level at which the Municipality assesses
property and the rate at which it taxes that property;
13.4.1.3.4.
How the municipality proposes to zone the
area to be annexed; and
13.4.1.3.5.
When the proposed annexation is to become
effective.
13.4.1.4.
Following the hearing, and either before or after the election
or elections held as required by Section 13.4.1.5, if the governing
body of the Municipality adopts the ordinance to annex the proposed
area, the governing body of the Municipality must file a class action
against the inhabitants of the area proposed to be annexed in the
Circuit Court of Jefferson County requesting a declaratory judgment
authorizing the annexation. The Municipality may not annex the area
proposed to be annexed unless authorized by the court. If the area
proposed to be annexed includes a public road or highway but does
not include all of the land adjoining the road or highway, then fee
owners of record of the lands adjoining the road or highway may intervene
in the declaratory judgment action. The petition in the action must
state facts showing the plan of the Municipality to provide services
to the area to be annexed and also showing the following:
13.4.1.4.1.
The area proposed to be annexed is contiguous
to the existing limits of the Municipality.
13.4.1.4.2.
The length of the common boundary between
the Municipality and the area proposed to be annexed is at least fifteen
percent of the entire perimeter of the area to be annexed.
13.4.1.4.3.
The annexation is reasonable and necessary
to the proper development of the Municipality.
13.4.1.4.4.
The Municipality has the ability to furnish
services as provided in the plan within a reasonable time not to exceed
three years after the annexation is to become effective.
13.4.1.5.
The Municipality also may not annex the area proposed to be annexed
unless an election is held at which the proposition for annexation
is submitted to the residents of the Municipality and the residents
of the area proposed to be annexed. If there are no residents of the
area proposed to be annexed, the proposition for annexation is to
be submitted only to the residents of the Municipality.
13.4.1.5.1.
If the annexation is approved by a majority of the total votes
cast in the Municipality and, if there are any residents of the area
proposed to be annexed, by a separate majority of the total votes
cast in the area to be annexed, the Municipality may annex the area
proposed to be annexed if authorized by the court as required in Section
13.4.1.4.
13.4.1.5.2.
If there are any residents of the area proposed to be annexed,
and if less than a majority of the total votes cast in the area proposed
to be annexed vote in favor of the annexation proposal, but at least
a majority of the total votes cast in the Municipality vote in favor
of the annexation proposal, then the proposal must be voted upon again
by both Registered Voters who are residents of the Municipality and
Registered Voters who are residents of the area proposed to be annexed
at an election held within one hundred twenty days after the first
election. If at least two-thirds of the total votes cast in the second
election approve the annexation, the Municipality may annex the area
proposed to be annexed if authorized by the court as required in Section
13.4.1.4.
13.4.1.5.3.
If the annexation proposal fails to receive the necessary majorities
in the first election or in the second election if it is required,
no part of the area proposed to be annexed may be the subject of another
proposal to annex until two years has elapsed from the date of the
second election. The owners of all fee interests of record in the
area or any portion of the area that was proposed to be annexed may,
however, petition the Municipality for the annexation of the land
owned by them in accordance with Missouri Law.
13.4.1.5.4.
Except as otherwise provided in this Section 13.4.1.5, both
elections are to be conducted in accordance with the provisions of
Missouri Law governing special elections, and the entire cost of the
elections is to be paid by the Municipality proposing the annexation.
13.4.2.
If a Municipality that annexes an unincorporated area of Jefferson
County as provided in Section 13.4.1 fails to provide services to
the annexed area as provided in its plan to do so within three years
after the effective date of the annexation, any Person who was a resident
of the area annexed when the annexation became effective may file
an action in the Circuit Court of Jefferson County requesting de-annexation
of the area annexed. The petition in the action must state facts showing
that the Municipality failed to provide services to the annexed area
as provided in its plan to do so within three years after the effective
date of the annexation. If the court finds that the Municipality failed
to provide services to the annexed area as provided in its plan to
do so within three years after the effective date of the annexation
and that failure is not the result of war, civil insurrection, riot,
natural disaster, or other cause beyond the reasonable control of
the Municipality, the court may order the de-annexation of the area
annexed.
