2000 Legislation
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HOUSE BILL NO. 538, As Amended – City, annex property, election

HOUSE BILL NO. 538, As Amended

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Daily Data Tracking History

H0538aa.................................................by LOCAL GOVERNMENT
CITIES - ANNEXATION - Amends and adds to existing law to require an
election in an unincorporated area before a city may annex the area.
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Loc Gov
02/29    Rpt out - to Gen Ord
    Rpt out amen - to engros
03/01    Rpt engros - 1st rdg - to 2nd rdg as amen
03/02    2nd rdg - to 3rd rdg as amen
03/07    3rd rdg as amen - FAILED - 30-39-1
      AYES -- Barraclough(Barraclough), Barrett, Callister, Campbell,
      Denney, Field(20), Geddes, Hammond, Hansen(29), Hornbeck, Kendell,
      Loertscher, Mader, McKague, Meyer, Mortensen, Moyle, Pearce, Sali,
      Schaefer, Shepherd, Smylie, Stevenson, Stoicheff, Taylor, Tilman,
      Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Alltus, Bell, Bieter, Black, Boe, Bruneel, Chase, Cheirrett,
      Clark, Crow, Cuddy, Deal, Ellsworth, Field(13), Gagner, Gould,
      Hadley, Hansen(23), Henbest, Jaquet, Jones, Judd, Kellogg, Kunz,
      Lake, Linford, Marley, Montgomery, Moss, Pischner, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sellman, Smith, Stone, Trail
      Absent and excused -- Kempton
    Floor Sponsor - McKague
    Filed with Chief Clerk

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                               HOUSE BILL NO. 538, As Amended
                               BY LOCAL GOVERNMENT COMMITTEE
  1                                        AN ACT
  9        TION.
 10    Be It Enacted by the Legislature of the State of Idaho:
 11        SECTION  1.  That  Chapter  2,  Title  50, Idaho Code, be, and the same is
 12    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 13    ignated as Section 50-221A, Idaho Code, and to read as follows:
 14        50-221A.  NOTICE OF INTENT TO ANNEX -- ELECTION. (1) Before annexing adja-
 15    cent  territory, a city shall pass an ordinance declaring its intent to do so.
 16    The  ordinance shall be adopted in compliance with all state  and  local  laws
 17    and rules governing the adoption of an ordinance. After passing said ordinance
 18    of  a city to annex adjacent territory, the city council shall have printed in
 19    the city's official newspaper, as defined in section  50-213,  Idaho  Code,  a
 20    legal  notice  of  the  city's intent to annex the territory and that a public
 21    hearing will be held regarding the proposed annexation. The legal notice shall
 22    contain the time, date and place of the hearing and a  clear  and  unambiguous
 23    description  of the area proposed to be annexed, why the city desires to annex
 24    the property and what public purpose annexation will serve, what services  the
 25    city will be providing to the annexed property and residents of that property,
 26    a  time  limit on providing the services and if taxes are to be collected that
 27    they will be returned if services are not provided within a date when the ser-
 28    vices were initially promised to be provided and shall be printed for at least
 29    fourteen (14) days.  As used herein services shall include, but not be limited
 30    to, police, fire, paramedics, sewer, waste disposal,  or  water.  Said  notice
 31    shall also clearly and unambiguously describe the right of any person, natural
 32    or  legal,  to  protest the proposed annexation. Within one (1) week after the
 33    last legal notice has been published, the city council  shall  hold  a  formal
 34    public hearing to give the residents of the affected area and any other inter-
 35    ested person a chance to protest the proposed annexation. The hearing shall be
 36    scheduled  for  a  time and date, and held in such a manner as to maximize the
 37    opportunity for affected parties to attend and be heard. In  addition  to  the
 38    legal  notice  specified  in  this  subsection,  a  notice of hearing shall be
 39    printed in the city's official newspaper as defined in section  50-213,  Idaho
 40    Code, for seven (7) days prior to the hearing. If, for any reason, the hearing
 41    required  in  this subsection is postponed or is continued after it is opened,
 42    notice for the postponed or continued hearing shall conform to the content and
 43    minimum time limits provided in this subsection.
  1        (2)  Any person or business, whether a resident of the territory  proposed
  2    to  be  annexed, a resident of the city proposing to annex the territory, or a
  3    resident of the area of impact of the city proposing to annex  the  territory,
  4    shall have the right to protest the annexation orally or in writing. A protest
  5    includes  any  objection to the proposed annexation in whole or in part. If no
  6    oral protests are received by the council at the public hearing or no  written
  7    protests are received by the city council, city attorney's office, city clerk,
  8    the  office  of the mayor, or the planning and zoning board of the city within
  9    five (5) business days after the close of the  public hearing required in sub-
 10    section (1) of this section, the city council may proceed with annexation pro-
 11    ceedings as defined in sections 50-222 through 50-224, Idaho Code.
 12        (3)  If any oral or written protests are  received  by  the  council  from
 13    twenty-five  percent  (25%) or more of the registered voters who reside in the
 14    area proposed to be annexed,   an  election shall be held on one  (1)  of  the
 15    dates  specified in section 34-106, Idaho Code, and polling places established
 16    in the area to be annexed for the purpose of submitting to the qualified elec-
 17    tors residing in the area to be annexed, the question of whether the  proposed
 18    area  shall  be annexed into the city. Such election shall be conducted by the
 19    city, which is proposing annexation of the adjacent  territory,  in  a  manner
 20    prescribed  by  chapter  4, title 50, Idaho Code, for general  city elections.
 21    The city proposing annexation shall incur all costs of the election.
 22        (4)  Only if a majority of votes cast by electors in the   election  favor
 23    annexation  may  the  council  then proceed with the annexation proceedings as
 24    defined in sections 50-222 through 50-224, Idaho Code.
 25        (5)  If, upon canvassing of the votes, it is determined that a majority of
 26    the qualified electors who voted in  the   election  favored  annexation,  the
 27    clerk  of  the city shall, by abstract of the results of the election, certify
 28    the fact to the board of county commissioners. The clerk of such  board  shall
 29    thereupon record the same and transmit said original abstract of the result of
 30    the  election  to  the office of the secretary of state. The original abstract
 31    shall be filed by the secretary  of  state  in  his  office  immediately  upon
 32    receiving  the  same, and certificates of the filing of such original abstract
 33    in his office shall be transmitted to the clerk of the  board  of  the  county
 34    commissioners  and  to  the clerk of the city. The date of annexation shall be
 35    October 1 next following the election and the perfection of the required  pro-
 36    cesses described in sections 50-222 through 50-224, Idaho Code.
 37        (6)  The  provisions  of  this  section shall not apply to applications or
 38    requests for annexation made by property owners requesting  that  the  owner's
 39    property be annexed. The provisions of this section shall apply only to annex-
 40    ations initiated by cities.
 41        SECTION  2.  That  Section  50-222, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
 43        50-222.  ANNEXATION OF ADJACENT TERRITORY. (1) On  and  after  January  1,
 44    1995, any land lying contiguous or adjacent to any city in the state of Idaho,
 45    or to any addition or extension thereof may be annexed by the city only if the
 46    land is lying in the area of city impact as determined by procedures contained
 47    in  section 67-6526, Idaho Code, and the land is laid off into blocks contain-
 48    ing not more than five (5) acres of land each, whether  the  same  shall  have
 49    been  or shall be laid off, subdivided or platted in accordance with any stat-
 50    ute of this state or otherwise, or whenever the owner  or  proprietor  or  any
 51    person by or with his authority, has sold or begun to sell off such contiguous
 52    or  adjacent  lands by metes and bounds in tracts not exceeding five (5) acres
 53    and the procedures contained in section  50-221A,  Idaho  Code,  are  complied
  1    with.  Provided however, that any land split that occurred prior to January 1,
  2    1975, and was the result of the placement of public utilities, public roads or
  3    highways, or railroad lines through the property shall not  be  considered  an
  4    intent to develop such land and shall not be sufficient evidence that the land
  5    by  present  owner has been laid off or subdivided in lots or blocks, and pro-
  6    vided further that a single sale of five (5) acres or less to a family  member
  7    of  the owner for the purpose of constructing a residence shall not constitute
  8    a sale within the meaning of this section. For the purposes of  this  section,
  9    "family  member"  means a natural person or the spouse of a natural person who
 10    is related to the owner by blood, adoption or marriage within the first degree
 11    of consanguinity. If a city has not adopted an area of city  impact  prior  to
 12    January  1, 1995, the city shall not be prohibited from annexing adjacent ter-
 13    ritory if an area of city impact has been adopted  in accordance with the pro-
 14    visions  of  section  67-6526,  Idaho  Code, prior to annexation and all other
 15    requirements for annexation have been met. An owner of land of  any  size  may
 16    request  that  the tract of land be annexed by the city whether the land is or
 17    is not contained in the city's area of impact by submitting  such  request  in
 18    writing  to the city council. If the tract of land is surrounded by or borders
 19    the city, the council may, by ordinance, declare the intent  of  the  city  to
 20    annex  the  property. If the process described in section 50-221A, Idaho Code,
 21    has been satisfactorily complied with, the council may  by  ordinance  declare
 22    the land by proper legal description thereof to be a part of such city. In any
 23    annexation of adjacent territory, the annexation shall include all portions of
 24    highways lying wholly or partially within the annexed area.
 25        (2)  Railroad  right-of-way  property  may be annexed when property within
 26    the city adjoins both sides of the right-of-way notwithstanding any other pro-
 27    vision of this section. Provided, that the city may  annex  only  those  areas
 28    which  can  be  reasonably  assumed  to be used for orderly development of the
 29    city. Provided further, that said council shall not have the power to  declare
 30    such  land,  lots  or blocks a part of said city, if they will be connected to
 31    such city only by a shoestring or strip of land upon a public highway.
 32        (3)  Notwithstanding any other provision of law,  no  city  council  shall
 33    have  authority  to  annex property owned by a county or any entity within the
 34    county which property is used as a fairgrounds area under  the  provisions  of
 35    chapter  8,  title 31, or chapter 2, title 22, Idaho Code, without the consent
 36    of a majority of the board of county commissioners of the county in which said
 37    property lies.
 38        (4)  Notwithstanding any other provision of law,  no  city  council  shall
 39    have  authority  to  annex  property owned by a nongovernmental entity used to
 40    provide outdoor recreational activities to the public which  has  been  desig-
 41    nated  as  a planned unit development of fifty (50) acres or more and does not
 42    require or utilize any city services without the express written permission of
 43    the nongovernmental entity whose property is subject to annexation.
 44        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 45    declared to exist, this act shall be in full force and effect on and after its
 46    passage  and approval. Any annexation pending a legal decision by a court cur-
 47    rently considering said annexation that overturns the ordinance to annex would
 48    become subject to this act.


  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                     Moved by    McKague             
                                                     Seconded by Callister           
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 538
  1                                AMENDMENT TO SECTION 1
  2        On page 2 of the printed bill, following line 36, insert:
  3        "(6)  The provisions of this section shall not apply  to  applications  or
  4    requests  for  annexation  made by property owners requesting that the owner's
  5    property be annexed. The provisions of this section shall apply only to annex-
  6    ations initiated by cities.".

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
                      RS 09588C1 
     This legislation amends Chapter 2, Title 50, IC by addition of a new section
     50-221A, to provide a city will give notice of intent to annex, hold a public
     hearing and hold an election in the affected area if certain events occur. Further,
     that a city must comply with this section 50-221A before it can annex adjacent
                    FISCAL IMPACT 
     There is no impact to the general fund and no impact on city funds. 
     Name: Rep Shirley McKague
     Phone: 332-1000 
                                        STATEMENT OF PURPOSE/FISCAL NOTE                           H 538