FORTY-THIRD LEGISLATURE
                          FIRST SESSION
  
  
                                                   March 19, 1997
  
  
  SENATE FLOOR AMENDMENT number _______ to SENATE BILL 1149
  
  Amendment sponsored by Senator Carroll H. Leavell 
  
  
      1.  On page 1, line 14, strike the period and insert:
   
  ";  PROVIDING FOR THE DE-ANNEXATION OF CERTAIN MUNICIPAL TERRITORY
  IN MUNICIPALITIES IN CERTAIN CLASS B COUNTIES; DECLARING AN
  EMERGENCY.".
  
      2.  On page 1, line 19, before "BY" insert "AND DE-ANNEXATION".
  
      3.  On page 3, line 24, strike the quotation mark. 
  
      4.  On page 3, between lines 24 and 25, insert:  
  
          "E.  The governing body of a municipality that had a
  population of more than twenty-nine thousand persons but less than
  thirty thousand persons according to the 1990 decennial census and
  is located within a class B county that had a population of more
  than fifty-five thousand persons but less than fifty-seven thousand
  persons according to the 1990 decennial census shall by ordinance
  de-annex and cede territory within the municipality to a county
  when:
  
               (1)  the municipality lies wholly within a single
  county;
  
               (2)  the territory to be de-annexed is contiguous to
  the boundary of the municipality;
  
               (3)  a petition is presented to the governing body of
  the municipality that is:
  
                   (a)  signed by the owners of a majority of the
  land in the municipal territory proposed to be de-annexed; 
  
                   (b)  accompanied by a land survey plat that shows
  the precise location of the municipal territory proposed to be de-
  annexed and its relationship to the existing municipal boundaries
  prepared to a scale that is sufficient to show detail of streets and
  major improvements; and
  
                   (c)  accompanied by a resolution of the board of
  county commissioners of the county to which the municipal territory
  is proposed to be ceded expressly consenting to the proposed de-
  annexation and ceding of territory. 
  
          F.  Copies of the de-annexation ordinance and the
  accompanying plat shall be filed in the office of the county clerk
  and the office of the municipal clerk.  
  
          G.  Within thirty days after the filing of the copy of the
  de-annexation ordinance in the office of the county clerk, a person
  owning land in the territory to be de-annexed may appeal the
  decision of the governing board to adopt the de-annexation ordinance
  to the district court on the grounds that the procedure to de-annex
  was invalid.  If no appeal is filed within the time limit, the de-
  annexation is complete and final.".
  
      Section 2.  EMERGENCY.--It is necessary for the public peace,
  health and safety that this act take effect immediately.".
      
  
  
                                   __________________________
                                   Carroll H. Leavell
      
  
  Adopted ___________________   Not Adopted _______________________
           (Chief Clerk)                    (Chief Clerk)
  
  
                   Date _________________