Council hears legal steps for involuntary annexation

Wednesday, August 3, 2022

McCOOK, Neb. — Three new vehicles have been delivered to the McCook City Police Department.

The black Ford Explorer SUVs were parked in front of the city’s Municipal Building Monday night, so citizens and others attending the regular City Council meeting could get an up-close view.

City of McCook Police Chief Joel Smith told the council that once the vehicles are ready, they will be put into rotation and he thanked the council for funding.

City Manager Nate Schneider also told the council of a Planning Commission meeting on Monday, 5:15 p.m. at council chambers and following that, an “abbreviated budget retreat” at 6:30 p.m. City staff is still working through the numbers so it’s difficult to ascertain final numbers at this point, he said.

In other business, the council discussed procedural and legal issues concerning involuntary annexation of property by the City of McCook.

Properties outside of city boundaries being considered for annexation are those on Ravenwood Road, south of the McCook Industrial Park and West Third, east and southwest of Washington Street. City Manager Nate Schneider has said at prior council meetings that those properties are being considered as they are already receiving city services, such as water at 1.5 times the city water rate and street maintenance services.  On June 27, the McCook City Council and the McCook Planning Commission met in a public meeting with property owners who would be affected by potential annexation. 

Steps for an involuntary annexation are:

1. The council shall by ordinance set a reasonable time within which the recommendation from the McCook Planning Commission is to be received.

2. The McCook Planning Commission has a public hearing regarding the proposed annexation.

3. McCook Planning Commission makes a recommendation to the McCook City Council.

4. The council adopts a “Plan for Services and Resolution.” The plan would include: a statement verifying there is no cost; how the services already being provided will be maintained; a map drawn to scale clearly delineating the land proposed for annexation, 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.

The resolution involves the time, date and location of the public hearing; a description of the boundaries of the land proposed for annexation and that the plan of the city for the extension of city services to the land proposed for annexation is available for inspection at the office of the city clerk during regular business hours.

5. Public hearing that has to be conducted within 60 days following the adoption of the resolution

6. Publication of the resolution providing for a public hearing must be done 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 will be published with the resolution.

7. A copy of the resolution for the public hearing will be sent by first-class mail following its passage to the school board of any school district in the land proposed for annexation.

8. After all of the above is completed, the City Council passes an ordinance annexing the property.

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