[HISTORY: Adopted by the City Council of the City of Seward as indicated in article histories. Amendments noted where applicable.]
Zoning and subdivision — See Ch. 410.
[Adopted as Ch. 12, Art. 9, of the 1976 Code]
Any subdivision in which there are lands dedicated to the City or any subdivision serviced by public utilities shall be annexed to the City. Before approval for the final plat is given, the governing body shall receive a petition for annexation from the owners of the subdivided properties.
The City Council desiring to annex land under the authority of this article shall first adopt both a resolution stating that the City is considering the annexation of the land and a plan for extending City services to the land. The resolution shall state:
The time, date, and location of the public hearing required below;
A description of the boundaries of the land proposed for annexation; and
That the plan of the City for extension of City services to the land proposed for annexation is available for inspection during regular business hours in the office of the City Clerk.
The plan adopted by the City Council shall contain sufficient detail to provide a reasonable person with a full and complete understanding of the intentions of the City for extending City services to the land proposed for annexation. The plan shall:
State the estimated cost impact of providing the services to such land;
State the method by which the City plans to finance the extension of services to the land and how any services already provided to the land will be maintained;
Include a timetable for extending services to the land proposed for annexation; and
Include a map drawn to scale clearly delineating the land proposed for annexation, the current boundaries of the City, the proposed boundaries of the City after annexation, and the general land-use pattern in the land proposed for annexation.
A public hearing on the proposed annexation shall be held within 60 days following the adoption of the resolution to allow the City Council to receive testimony from interested persons. The City Council may recess the hearing, for good cause, to a time and date specified at the hearing.
A copy of the resolution providing for the public hearing shall be published in the official newspaper in the City at least once not less than 10 days preceding the date of the public hearing. A map drawn to scale delineating the land proposed for annexation shall be published with the resolution. A copy of the resolution providing for the public hearing shall be sent by first-class mail, following its passage, to the school board of any school district in the land proposed for annexation.
The Planning Commission may recommend, and the legislative body may grant, variances from the provision of these regulations but only after determining that:
The requirement of filing and recording a plat for subdivision shall not be waived.
Any provision of these regulations may from time to time be amended, supplemented, changed, modified, or repealed by the governing body according to law; provided, however, that such amendments, supplements, changes, modifications or repealed provisions shall not become effective until after study and report by the Planning Commission.