US Laws, Codes, Statutes & Cases

 
    §  705. Hearing.   1. Such governing boards shall meet at the time and
  place specified in such notice or amended and  republished  notice.  The
  members  of the participating boards shall agree on the selection of one
  of their members to preside at such meeting and in  the  event  no  such
  agreement  is  reached, he shall be chosen by lot. Such governing boards
  shall hear any testimony and receive evidence and information which  may
  be  presented  concerning  the  petition and the question of whether the
  annexation is in the over-all public interest, including but not limited
  to testimony, evidence and information concerning the following:
    a. That a person signing the petition is not qualified therefor, or
    b. With respect to a petition, other than one purporting to be  signed
  by owners of a majority of the assessed valuation of real property, that
  the persons signing such petition do not constitute twenty per centum of
  the  persons  residing  within  such  territory  qualified  to  vote for
  officers of the city, town or village, as the case may be, in which  the
  territory is situated, or
    c.  With respect to a petition, other than one purporting to be signed
  by at least twenty per centum of persons qualified  to  vote  for  local
  officers,  that  the  persons signing such petition do not represent the
  owners of a majority in assessed valuation of the real property in  such
  territory  assessed  upon  the  last  preceding  assessment  roll of, or
  utilized by, the local government or governments in which the  territory
  is situated, or
    d.  That  the petition does not otherwise substantially comply in form
  or content with the provisions of this article, or
    e. That the proposed annexation is or is not in  the  over-all  public
  interest  (1)  of  the  territory  proposed to be annexed, or (2) of the
  local government or governments to which the territory is proposed to be
  annexed, or (3) of  the  remaining  area  of  the  local  government  or
  governments  in  which  such territory is situated, or (4) of any school
  district, fire district or other district  corporation,  public  benefit
  corporation,  fire  protection  district, fire alarm district or town or
  county improvement district, situated wholly or partly in the  territory
  proposed to be annexed.
    2.  Objections  based on any of the grounds set forth in paragraphs a,
  b, c or d of subdivision one of this section shall, in addition  to  the
  presentation  of any oral testimony thereon, be submitted in writing and
  placed on file with the boards holding such hearing and made a  part  of
  the  record  thereof.  Any  oral  testimony  presented  at  such hearing
  relating to the grounds set forth in paragraph e of subdivision  one  of
  this  section  shall  be  reduced  to writing and shall be a part of the
  record of such hearing. The  hearing  may  be  adjourned,  but  must  be
  concluded  within  ten days after the date fixed in the notice. The cost
  of  providing  such  record  shall  be  shared  by  the  affected  local
  governments  equally  or on the basis of any equitable method or formula
  agreed upon by their governing boards.
    3. In the  event  that  the  governing  board  of  an  affected  local
  government  does not participate in such hearing, the governing board or
  boards of the other affected local government or governments shall  have
  power  to  conduct such hearing without the participation of such former
  governing board.