§ 20-21. Initial consideration of petition for proposed incorporation.  


Latest version.
  • (A)

    Upon creation of a MAC pursuant to Section 20-20(C) of the Code and receipt of the final resolution and report of the MAC created to study the issues involved in the incorporation petition (the "Municipal Advisory Committee or MAC report"), the Clerk of the Board of County Commissioners shall submit the MAC report to the Board of County Commissioners. Upon receipt of the MAC report and only upon motion of the district commissioner whose district comprises the majority of the area proposed to be incorporated, the Board of County Commissioners, at a regular meeting of the Board of County Commissioners may schedule the petition for consideration by the Planning Advisory Board in accordance with all applicable requirements. The provisions of this section shall apply to petitions filed prior to and subsequent to the effective date of this ordinance. No MAC in existence prior to the effective date of this ordinance shall fulfill the requirements of this Section. No petitions having had their initial public hearing pursuant to Section 20-21(C) prior to the effective date of this ordinance shall receive further consideration by the County Commission or any county established board, unless and until the provisions of this section and Section 20-20(C) have been met.

    (B)

    The Clerk shall advertise in a daily newspaper of general circulation that a petition for incorporation has been received and shall include in the advertisement the following information:

    (1)

    Map of the area proposed for incorporation,

    (2)

    Date of hearing for initial consideration by the Board of County Commissioners, and

    (3)

    Contact persons or departments where additional information may be provided.

    (C)

    The Board of County Commissioners at its initial public hearing for considering a petition for incorporation, after determining the requirements for showing of support set forth in Section 20-20 (A)(2) have been fulfilled, may:

    (1)

    Establish an overall schedule for consideration of the petition, after receiving the County Manager's recommendation on such matter; and

    (2)

    Refer the petition to the Planning Advisory Board for its review and recommendations.

(Ord. No. 95-78, § 1, 5-2-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 13, 9-3-98; Ord. No. 01-168, § 1, 10-23-01; Ord. No. 05-140, § 2, 7-7-05)