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H0749......................................................by STATE AFFAIRS
ANNEXATION - AREA OF CITY IMPACT - Amends existing law to provide that an
area of city impact must be established before a city may annex adjacent
territory outside the boundary of the incorporated municipality; to provide
that the cooperating county governing board having jurisdiction in the
unincorporated area, prior to negotiation of an ordinance, surrender
authority to exercise final approval of any proposed area annexation within
the area of city impact; and to provide approval of a proposed area of
annexation by a county governing board shall be by ordinance following
notice and hearing.
03/14 House intro - 1st rdg - to printing
03/15 Rpt prt - to Loc Gov
H0749
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 749
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AREAS OF CITY IMPACT; AMENDING SECTION 67-6526, IDAHO CODE, TO
3 PROVIDE THAT AN AREA OF CITY IMPACT MUST BE ESTABLISHED BEFORE A CITY MAY
4 ANNEX ADJACENT TERRITORY OUTSIDE THE BOUNDARY OF THE INCORPORATED MUNICI-
5 PALITY, TO PROVIDE THE COOPERATING COUNTY GOVERNING BOARD HAVING JURISDIC-
6 TION IN THE UNINCORPORATED AREA PRIOR TO NEGOTIATION OF AN ORDINANCE
7 ESTABLISHING AN AREA OF CITY IMPACT SHALL NOT, BY SUCH ORDINANCE, SURREN-
8 DER AUTHORITY TO EXERCISE FINAL APPROVAL OF ANY PROPOSED AREA OF ANNEX-
9 ATION WITHIN THE AREA OF CITY IMPACT, TO PROVIDE THAT APPROVAL OF A PRO-
10 POSED AREA OF ANNEXATION BY A COUNTY GOVERNING BOARD SHALL BE BY ORDINANCE
11 FOLLOWING NOTICE AND HEARING AND TO MAKE TECHNICAL CORRECTIONS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 67-6526, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 67-6526. AREAS OF CITY IMPACT -- NEGOTIATION PROCEDURE. (a) The governing
16 board of each county and each city therein shall adopt by ordinance following
17 the notice and hearing procedures provided in section 67-6509, Idaho Code, a
18 map identifying an area of city impact within the unincorporated area of the
19 county. A separate ordinance providing for application of plans and ordinances
20 for the area of city impact shall be adopted. Subject to the provisions of
21 section 50-222, Idaho Code, an area of city impact must be established before
22 a city may annex adjacent territory. This separate ordinance shall provide for
23 one (1) of the following:
24 (1) Application of the city plan and ordinances adopted under this chap-
25 ter to the area of city impact; or
26 (2) Application of the county plan and ordinances adopted under this
27 chapter to the area of city impact; or
28 (3) Application of any mutually agreed upon plan and ordinances adopted
29 under this chapter to the area of city impact.
30 Areas of city impact, together with plan and ordinance requirements, may
31 cross county boundaries by agreement of the city and county concerned if the
32 city is within three (3) miles of the adjoining county.
33 (b) Subject to the provisions of section 50-222, Idaho Code, an area of
34 city impact must be established before a city may annex adjacent territory
35 outside the boundary of the incorporated municipality. The cooperating county
36 governing board having jurisdiction in the unincorporated area prior to nego-
37 tiation of an ordinance establishing an area of city impact shall not, by such
38 ordinance, surrender authority to exercise final approval of any proposed area
39 of annexation within the area of city impact. Approval of a proposed area of
40 annexation by a county governing board shall be by ordinance following notice
41 and hearing procedures established under section 67-6509, Idaho Code.
42 (c) If the requirements of section 67-6526(a), Idaho Code, are not met by
43 January 1, 2000, the county commissioners for the county concerned, together
2
1 with three (3) elected city officials designated by the mayor of the city and
2 confirmed by the council, shall, within thirty (30) days after the city offi-
3 cials have been confirmed by the council, select three (3) city or county res-
4 idents. These nine (9) persons shall, by majority vote, recommend to the city
5 and county governing boards an area of city impact together with plan and
6 ordinance requirements. The recommendations shall be submitted to the govern-
7 ing boards within one hundred eighty (180) days after the selection of the
8 three (3) at-large members and shall be acted upon by the governing boards
9 within sixty (60) days of receipt. If the city or county fails to enact ordi-
10 nances providing for an area of city impact, plan, and ordinance requirements,
11 either the city or county may seek a declaratory judgment from the district
12 court identifying the area of city impact, and plan and ordinance require-
13 ments. In defining an area of city impact, the following factors shall be con-
14 sidered: (1) trade area; (2) geographic factors; and (3) areas that can rea-
15 sonably be expected to be annexed to the city in the future.
16 (cd) If areas of city impact overlap, the cities involved shall negotiate
17 boundary adjustments to be recommended to the respective city councils. If the
18 cities cannot reach agreement, the board of county commissioners shall, upon a
19 request from either city, within thirty (30) days, recommend adjustments to
20 the areas of city impact which shall be adopted by ordinance by the cities
21 following the notice and hearing procedures provided in section 67-6509, Idaho
22 Code. If any city objects to the recommendation of the board of county commis-
23 sioners, the county shall conduct an election, subject to the provisions of
24 section 34-106, Idaho Code, and establish polling places for the purpose of
25 submitting to the qualified electors residing in the overlapping impact area,
26 the question of which area of city impact the electors wish to reside. The
27 results of the election shall be conclusive and binding, and no further pro-
28 ceedings shall be entertained by the board of county commissioners, and the
29 decision shall not be appealable by either city involved. The clerk of the
30 board of county commissioners shall by abstract of the results of the elec-
31 tion, certify that fact, record the same and transmit copies of the original
32 abstract of the result of the election to the clerk of the involved cities.
33 (de) Areas of city impact, plan, and ordinance requirements shall remain
34 fixed until both governing boards agree to renegotiate. In the event the city
35 and county cannot agree, the judicial review process of subsection (bc) shall
36 apply. Renegotiations shall begin within thirty (30) days after written
37 request by the city or county and shall follow the procedures for original
38 negotiation provided in this section.
39 (ef) Prior to negotiation or renegotiation of areas of city impact, plan,
40 and ordinance requirements, the governing boards shall submit the questions to
41 the planning, zoning, or planning and zoning commission for recommendation.
42 Each commission shall have a reasonable time fixed by the governing board to
43 make its recommendations to the governing board.
44 (fg) This section shall not preclude growth and development in areas of
45 any county within the state of Idaho which are not within the areas of city
46 impact provided for herein.
47 (gh) If the area of impact has been delimited pursuant to the provisions
48 of subsection (a) (1) of this section, persons living within the delimited
49 area of impact shall be entitled to representation on the planning, zoning, or
50 the planning and zoning commission of the city of impact. Such representation
51 shall as nearly as possible reflect the proportion of population living within
52 the city as opposed to the population living within the areas of impact for
53 that city. To achieve such proportional representation, membership of the
54 planning, zoning, or planning and zoning commission, may exceed twelve (12)
55 persons, notwithstanding the provisions of subsection (a) of section 67-6504,
3
1 Idaho Code. In instances where a city has combined either or both of its plan-
2 ning and zoning functions with the county, representation on the resulting
3 joint planning, zoning, or planning and zoning commission shall as nearly as
4 possible reflect the proportion of population living within the impacted city,
5 the area of city impact outside the city, and the remaining unincorporated
6 area of the county. Membership on such a joint planning, zoning, or planning
7 and zoning commission may exceed twelve (12) persons, notwithstanding the pro-
8 visions of subsection (a) of section 67-6504, Idaho Code.
STATEMENT OF PURPOSE
RS10283
Directs that a board of county commissioners shall not surrender, by ordinance,
constitutional powers in the city area of impact related to final approval of city
annexation plans in the unincorporated territory and that such approval shall not
be exercised prior to conducting a hearing on the proposed plan.
The legislation insures that residents in a proposed area of annexation shall have
due process in expressing support of, or opposition to, the proposed plan through
their elected county commissioners.
FISCAL NOTE
No impact to the state general fund. The cost to county government will be the
cost of the notice and hearing.
CONTACT: Rep. McKague and Rep. Kempton
(208) 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE H 749