2002 Legislation
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HOUSE BILL NO. 670 – Cities, annexation, election


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H0670......................................................by STATE AFFAIRS
CITIES - ANNEXATION - Amends and adds to existing law to require a city to
give notice of intent to annex, hold a public hearing and hold an election
in the affected area if certain events occur.
02/22    House intro - 1st rdg - to printing
02/25    Rpt prt - to Loc Gov

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 670
                                 BY STATE AFFAIRS 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 and
 17    rules  governing the adoption of an ordinance. After passing said ordinance of
 18    a city to annex adjacent territory, the city council shall have printed in the
 19    city's official newspaper, as defined in section 50-213, Idaho Code,  a  legal
 20    notice  of  the city's intent to annex the territory and that a public hearing
 21    will be held regarding the proposed annexation. The legal notice shall contain
 22    the time, date and place of the hearing and a clear and  unambiguous  descrip-
 23    tion  of  the  area  proposed to be annexed, why the city desires to annex the
 24    property and what public purpose annexation will serve, what services the city
 25    will be providing to the annexed property and residents of  that  property,  a
 26    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 dates
 15    specified in section 34-106, Idaho Code, and polling places established in the
 16    area to be annexed for the purpose of submitting  to  the  qualified  electors
 17    residing  in the area to be annexed, the question of whether the proposed area
 18    shall be annexed into the city. Such election shall be conducted by the  city,
 19    which  is  proposing  annexation  of  the adjacent territory, in a manner pre-
 20    scribed by chapter 4, title 50, Idaho Code, for general  city  elections.  The
 21    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 clerk
 27    of  the  city  shall,  by abstract of the results of the election, certify the
 28    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.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE
                          RS 11830
This bill is known as "Annexation by Invitation" legislation. This
proposal amends Chapter 2, Title 50, Idaho Code by addition of a new
section 50-221A, to provide that with the exception of mutual consent
with potential annexees, a city will give notice of intent to annex,
hold a public hearing and hold an election in the affected area under
certain conditions. Further, that a city must comply with this
section before it can annex adjacent territory.

                       FISCAL IMPACT
There is no impact to the general fund and no impact on city funds.

Name: Rep. Shirley McKague
Rep. Gary Young
Rep. Dick Harwood
Rep. Bill Sali
Rep. Lenore Barrett
Rep. Fred Tilman
Rep. Mike Moyle
Rep. Ken Roberts Phone: 208/332-1000