The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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Resolution E - Annexation By Owner Consent

Reference Number: MTAS-2113
Tennessee Code Annotated
Reviewed Date: September 12, 2017
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Resolution E

 

A Resolution to Annex Certain Territory Upon Written Consent of the Owners

and to Incorporate the Same within the Boundaries of the City of _____Tennessee

(insert brief address etc. of property)

 

            WHEREAS, the City of_________, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory into the city limits; and

            WHEREAS, the owners of all property within the territory proposed for annexation have given their written consent by notarized petition so that a referendum is not required; and

            WHEREAS, a copy of this resolution, describing the territory proposed for annexation, was promptly sent by the City of __________ to the last known address listed in the office of the property assessor for each property owner of record within the territory proposed for annexation, with such being sent by first class mail and mailed no later than fourteen (14) calendar days prior to the scheduled date of the hearing on the proposed annexation by owner consent; and

            WHEREAS, this resolution was also published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of ________, and by publishing notice of the resolution at or about the same time in the ___________, a newspaper of general circulation in such territory and the City of _______; and

            WHEREAS, a plan of services for the area proposed for annexation is attached as Exhibit A hereto, which plan of services addresses the same services and timing of services as required in Tennessee Code Annotated § 6-51-102; and

            WHEREAS, the proposed annexation and plan of services were submitted to the ________ Planning Commission for study, and it has recommended the same; and

            WHEREAS, notice of the time, place and purpose of a public hearing on the proposed annexation and the plan of services was published in a newspaper of general circulation in the City of _________ not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the plan of services for public inspection during all business hours from the date of notice until the public hearing; and

            WHEREAS, a public hearing on the proposed annexation and plan of services was held by the governing body on ______________, 20__.

           NOW, THEREFORE, BE IT RESOLVED by the City of ________Tennessee as follows:

            A.  That the following territory is hereby annexed and incorporated into boundaries of the City of ________, to be effective as of _________________, 20__, to wit: 

[Legal description of property]

 

            B.   That the plan of services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted.

            C.  That this territory shall be included in the ________Ward/District (NOT APPLICABLE TO ALL MUNICIPALITIES).

D. That the Mayor/City Manager/Recorder shall cause a copy of this resolution, as well as the adopted plan or services, to be forwarded to the Mayor of ____County.

E.  That a copy of the election certification shall be sent to the mayor of ____County upon receipt from the election commission.

F.  That a copy of this resolution shall be recorded with the _____County Register of Deeds, and a copy shall also be sent to the Tennessee Comptroller of the Treasury and the ____County Assessor of Property, following certification by the election commission that the annexation was approved.

G.  That a copy of this resolution, as well as the portion of the plan of services related to emergency services and a detailed map of the annexed area, shall be sen to any affected emergency communication district, following certification by the election commission that the annexation was approved.

H.  That a revised map of the voting precincts shall be sent to the office of local government and to the office of management information services for the Tennessee General Assembly, following certification by the election commission that the annexation was approved.

I.  That the Tennessee Department of Revenue shall be notified, for the purpose of tax administration, that the annexation took place. 

                      

WHEREUPON, the Mayor declared the resolution adopted, affixed a signature and the date thereto, and directed that the same be recorded.

 

                                                                        Mayor __________________________________________

                                                                        Date: ___________________________________________

                                                                                               

_______________________________

City Recorder

 

Approved as to Form and Legality this ____ day of ________, 20__

_______________________________

City Attorney

 

Responsible: