(1) (a) At any time and as a condition to an annexation initiated by the board, the board may adopt a resolution determining that real property proposed for annexation:
Is contiguous to the territorial limits of the watershed management area;
Contains six hundred forty or more acres of land;
Has become urbanized by having a population of at least one thousand persons persquare mile and having at least five hundred dwelling units per square mile; and (IV) Is capable of being served by the facilities of the district.
(b) A resolution adopted pursuant to paragraph (a) of this subsection (1) shall provisionally order the annexation of the real property proposed to be annexed.
(2) The board shall cause notice of the adoption of a resolution pursuant to subsection (1) of this section to be given by publication in a newspaper of general circulation in the county or counties in which the property proposed to be annexed is located, and the notice shall state:
That the resolution has been adopted;
The description of the area proposed to be annexed;
The place, time, and date of a board hearing on the proposed annexation at which theboard will consider all written objections to the finalization of the annexation; and
That all interested persons may appear at the board hearing and show cause in writing why the annexation should not be made final.
Prior to the board hearing, the board shall obtain written consent to annex the property from the governing body of each county or municipality that includes any of the real property proposed to be annexed.
If, after the board hearing, the board determines by resolution that the proposed annexation is feasible and in the best interest of the district, the board shall furnish by mail to the director of the division of local government within the department of local affairs copies of both the resolution adopted pursuant to subsection (1) of this section and the post-hearing resolution and shall request that the director approve the annexation.
If the director approves the annexation in writing, the board, upon the receipt of suchapproval, shall by resolution enter a final order annexing the real property to the district.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 873, § 1, effective April 30.