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S1151......................................by LOCAL GOVERNMENT AND TAXATION
CITIES - ANNEXATION - Amends existing law to revise procedures for
annexation of adjacent territory by cities; to provide guidelines; to
provide for involuntary annexation; to provide for elections; to provide
that the area proposed for annexation shall not exceed ten percent of the
area within the current incorporated limits of the city; and to provide
that in lieu of annexation, a city may provide services by entering into
contracts with owners of property in the vicinity of the city, provided the
recipients pay for such services.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1151
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO ANNEXATION BY CITIES; AMENDING SECTION 50-222, IDAHO CODE, TO
3 REVISE PROCEDURES FOR ANNEXATION OF ADJACENT TERRITORY, TO PROVIDE GUIDE-
4 LINES, TO PROVIDE FOR INVOLUNTARY ANNEXATION, TO PROVIDE FOR ELECTIONS, TO
5 PROVIDE THAT THE AREA PROPOSED FOR ANNEXATION SHALL NOT EXCEED TEN PERCENT
6 OF THE AREA WITHIN THE CURRENT INCORPORATED LIMITS OF THE CITY AND TO
7 PROVIDE THAT IN LIEU OF ANNEXATION, A CITY MAY PROVIDE SERVICES BY ENTER-
8 ING INTO CONTRACTS WITH OWNERS OF PROPERTY IN THE VICINITY OF THE CITY
9 PROVIDED THE RECIPIENTS PAY FOR SUCH SERVICES.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 50-222, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 50-222. ANNEXATION OF ADJACENT TERRITORY. (1) On and after January July
14 1, 1995 2001, any land lying contiguous or adjacent to any city in the state
15 of Idaho, or to any addition or extension thereof may be annexed by the city
16 only if the land is lying in the area of city impact as determined by proce-
17 dures contained in section 67-6526, Idaho Code, and the land is laid off into
18 blocks containing not more than five (5) acres of land each, and either the
19 owner of the land requests annexation or the provisions of this section are
20 complied with, whether the same land shall have been or shall be laid off,
21 subdivided or platted in accordance with any statute of this state or other-
22 wise, or whenever the owner or proprietor or any person by or with his author-
23 ity, has sold or begun to sell off such contiguous or adjacent lands by metes
24 and bounds in tracts not exceeding five (5) acres. Provided however, that any
25 land split that occurred prior to January 1, 1975, and was the result of the
26 placement of public utilities, public roads or highways, or railroad lines
27 through the property shall not be considered an intent to develop such land
28 and shall not be sufficient evidence that the land by present owner has been
29 laid off or subdivided in lots or blocks, and provided further that a single
30 sale of five (5) acres or less to a family member of the owner for the purpose
31 of constructing a residence shall not constitute a sale within the meaning of
32 this section. For the purposes of this section, "family member" means a natu-
33 ral person or the spouse of a natural person who is related to the owner by
34 blood, adoption or marriage within the first degree of consanguinity. If a
35 city has not adopted an area of city impact prior to January 1, 1995, the city
36 shall not be prohibited from annexing adjacent territory if an area of city
37 impact has been adopted in accordance with the provisions of section 67-6526,
38 Idaho Code, prior to annexation and all other requirements for annexation have
39 been met. An owner of land of any size may request that the tract of land be
40 annexed by the city whether the land is or is not contained in the city's area
41 of impact by submitting such request in writing to the city council. If the
42 tract of land is surrounded by or borders the city, the council may, by ordi-
43 nance, declare the land by proper legal description thereof to be a part of
2
1 such city. In any annexation of adjacent territory, the annexation shall
2 include all portions of highways lying wholly or partially within the annexed
3 area.
4 (a) Guidelines. An annexing city must establish that the proposed annex-
5 ation is in the local public interest. As used in this section "local pub-
6 lic interest" means the affairs of the people are for the welfare and ben-
7 efit to the citizens and property owners in the proposed territory of
8 annexation.
9 The city shall do a cost/benefit analysis, including environmental
10 and economic impact studies, of the proposed annexation and a timetable
11 for providing services. The annexing city must be able to provide services
12 that are not currently available in the area proposed to be annexed. These
13 services include, but are not limited to, fire protection, police, emer-
14 gency medical services, water, sewer, solid waste collections,
15 streets/roads, parks, and lighting and the maintenance of these services
16 and related facilities in the annexed area that are not within the service
17 area of another taxing district or public utility. These services may be
18 provided by contract with private or public entities.
19 (b) By ordinance -- Involuntary. The city may adopt an annexation ordi-
20 nance which shall be sent to the county commissioners. The county commis-
21 sioners shall hold and the city requesting annexation shall arrange and
22 pay for at least one (1) public hearing regarding the proposed annexation
23 and the hearing must be held in the territory that is proposed for annex-
24 ation. Hearing notices, stating the date, time and location of each hear-
25 ing, must be sent to each property owner and resident in the territory by
26 first class mail, published in local newspapers and posted in prominent
27 places throughout the territory at least twenty (20) days before the hear-
28 ing. The hearings must be held in a public place and have adequate space
29 to accommodate those wishing to attend and shall be held as close as prac-
30 ticable to 7:00 p.m. as possible. If, after the hearing and receiving com-
31 ments on the annexation, the county commissioners agree that the proposed
32 annexation would be in the local public interest by adopting a motion
33 which shall be recorded in the commission's minutes, the annexation shall
34 go forth unless twenty-five percent (25%) of the registered voters in the
35 area proposed to be annexed object in writing by petition to the clerk of
36 the city proposing the annexation within sixty (60) calendar days of the
37 county commissioners' final decision favoring the annexation, in which
38 case an election shall be held. If the county commissioners disagree by
39 adoption of a motion duly recorded in their minutes that the proposed
40 annexation is in the public interest, the annexation shall be null and
41 void.
42 (c) Elections. Elections pursuant to this subsection shall be held in
43 accordance with Idaho's general election laws using a separate ballot and
44 shall be held on one (1) of the dates specified in section 34-106, Idaho
45 Code. A separate ballot form, as provided by law, will be used making
46 clear the choices "For annexation (of named territory)" "Against annex-
47 ation (of named territory)." Voting boundaries shall be drawn to include
48 only those voters within the territory for the proposed annexation. A
49 majority of those voting must vote in favor of annexation of the named
50 territory for the territory to be annexed. If a majority does not vote in
51 favor of annexation of the named territory into the city, the annexation
52 shall be deemed denied and another annexation ordinance affecting the ter-
53 ritory may not be proposed for a one (1) year period following the elec-
54 tion.
55 (d) General procedure. The area proposed for annexation shall not exceed
3
1 ten percent (10%) of the area within the current incorporated limits of
2 the city.
3 In lieu of annexation, a city may provide services by entering into
4 contracts with owners of property in the vicinity of the city, provided
5 the recipients pay for such services.
6 (2) Railroad right-of-way property may be annexed when property within
7 the city adjoins both sides of the right-of-way notwithstanding any other pro-
8 vision of this section. Provided, that the city may annex only those areas
9 which can be reasonably assumed to be used for orderly development of the
10 city. Provided further, that said council shall not have the power to declare
11 such land, lots or blocks a part of said city, if they will be connected to
12 such city only by a shoestring or strip of land upon a public highway.
13 (3) Notwithstanding any other provision of law, no city council shall
14 have authority to annex property owned by a county or any entity within the
15 county which property is used as a fairgrounds area under the provisions of
16 chapter 8, title 31, or chapter 2, title 22, Idaho Code, without the consent
17 of a majority of the board of county commissioners of the county in which said
18 property lies.
19 (4) Notwithstanding any other provision of law, no city council shall
20 have authority to annex property owned by a nongovernmental entity used to
21 provide outdoor recreational activities to the public which has been desig-
22 nated as a planned unit development of fifty (50) acres or more and does not
23 require or utilize any city services without the express written permission of
24 the nongovernmental entity whose property is subject to annexation.
STATEMENT OF PURPOSE
RS10982
The purpose of this legislation is to revise procedures for
voluntary and involuntary annexation of adjacent territory by
cities.
FISCAL IMPACT
No fiscal impact.
Contact
Name: Rep. Fred Tilman
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 115