2002 Legislation
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SENATE BILL NO. 1334 – City, annex, voluntary/involuntary


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S1334......................................by LOCAL GOVERNMENT AND TAXATION
CITIES - ANNEXATION - Amends existing law to revise procedures for
annexation of adjacent territory by cities; to provide for voluntary and
involuntary annexation; to provide for hearings and objections; to provide
for elections; and to provide for alternatives to annexation.
01/29    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Loc Gov

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1334
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 50-222, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
 10        50-222.  ANNEXATION  OF  ADJACENT TERRITORY. (1) On and after January July
 11    1, 1995 2002, any land lying contiguous or adjacent to any city in  the  state
 12    of  Idaho,  or to any addition or extension thereof may be annexed by the city
 13    only if the land is lying in the area of city impact as determined  by  proce-
 14    dures  contained in section 67-6526, Idaho Code, and the land is laid off into
 15    blocks containing not more than five (5) acres of land each,  and  either  the
 16    owner  of  the  land requests annexation or the provisions of this section are
 17    complied with, whether the same land shall have been or  shall  be  laid  off,
 18    subdivided  or  platted in accordance with any statute of this state or other-
 19    wise, or whenever the owner or proprietor or any person by or with his author-
 20    ity, has sold or begun to sell off such contiguous or adjacent lands by  metes
 21    and  bounds in tracts not exceeding five (5) acres. Provided however, that any
 22    land split that occurred prior to January 1, 1975, and was the result  of  the
 23    placement  of  public  utilities,  public roads or highways, or railroad lines
 24    through the property shall not be considered an intent to  develop  such  land
 25    and  shall  not be sufficient evidence that the land by present owner has been
 26    laid off or subdivided in lots or blocks, and provided further that  a  single
 27    sale of five (5) acres or less to a family member of the owner for the purpose
 28    of  constructing a residence shall not constitute a sale within the meaning of
 29    this section. For the purposes of this section, "family member" means a  natu-
 30    ral  person  or  the spouse of a natural person who is related to the owner by
 31    blood, adoption or marriage within the first degree  of  consanguinity.  If  a
 32    city has not adopted an area of city impact prior to January 1, 1995, the city
 33    shall  not  be  prohibited from annexing adjacent territory if an area of city
 34    impact has been adopted in accordance with the provisions of section  67-6526,
 35    Idaho Code, prior to annexation and all other requirements for annexation have
 36    been  met.  An owner of land of any size may request that the tract of land be
 37    annexed by the city whether the land is or is not contained in the city's area
 38    of impact by submitting such request in writing to the city  council.  If  the
 39    tract  of land is surrounded by or borders the city, the council may, by ordi-
 40    nance, declare the land by proper legal description thereof to be  a  part  of
 41    such  city.  In  any  annexation  of  adjacent territory, the annexation shall
 42    include all portions of highways lying wholly or partially within the  annexed
 43    area.  All  annexation proposals shall include, as a minimum: a map or maps of
  1    the city and adjacent territory showing the present and  proposed  boundaries,
  2    including streets/roads, major utility trunk lines, sewer interceptors, drain-
  3    age lines and collectors in the area proposed for annexation and proposed land
  4    use  patterns  in  the area to be annexed; a statement setting forth plans and
  5    dates established by the city for extending or  otherwise  providing  services
  6    within  the  area  to  be annexed including, but not limited to: water, sewer,
  7    police, fire protection, sanitation, emergency medical services and the  like;
  8    a statement setting forth the method under which the city plans to finance the
  9    provision  of city services in the proposed area of annexation; a statement of
 10    the effect of the proposed annexation upon  school  districts,  including  the
 11    estimated  number  of additional students and capital construction required to
 12    educate those students.
 13        (a)  By ordinance. (i) Voluntary (by request). The governing board of  any
 14             municipality may annex by ordinance any area contiguous to its bound-
 15             aries  upon  written request by two-thirds (2/3) of the real property
 16             owners located within the area proposed for annexation.
 17             (ii)  Involuntary (forced). A city may propose to annex adjacent ter-
 18             ritory by ordinance pursuant to the provisions  of  this  subsection.
 19             Following  an annexation proposal by the city council, the city coun-
 20             cil shall arrange and pay for at least one (1) public hearing regard-
 21             ing the proposed annexation. The hearing shall be held in the  terri-
 22             tory  that  is  proposed for annexation and shall be held in a public
 23             place that has adequate space to accommodate those wishing to attend.
 24             The hearing shall be held as close as practicable to 7:00 p.m.  Hear-
 25             ing  notices,  stating  the  date, time and location of each hearing,
 26             must be sent to each property owner and resident in the territory  by
 27             first  class mail, published in local newspapers and posted in promi-
 28             nent places throughout the territory at least twenty (20) days before
 29             the hearing.  At least two (2) weeks before  the  hearing,  the  city
 30             shall make available a plan and timetable for providing city services
 31             including,  but  not  limited  to:  police,  fire, emergency medical,
 32             sewer, electricity, water and the like and projected costs and  meth-
 33             ods of financing to the area proposed for annexation.
 34        (b)  Objections.  If twenty-five percent (25%) of the registered voters in
 35        a contiguous area proposed to be annexed object in writing by petition  to
 36        the clerk of the city proposing the annexation within ninety (90) calendar
 37        days  of  the city council's hearing as provided in subsection (1)(a)(ii),
 38        on the annexation ordinance, an election shall be held.
 39        (c)   Elections. Elections pursuant to this subsection shall  be  held  in
 40        accordance with Idaho's general election laws using a separate ballot  and
 41        shall  be  held on one (1) of the dates specified in section 34-106, Idaho
 42        Code. A separate ballot form, as provided by  law,  will  be  used  making
 43        clear  the  choices  "For annexation (of named territory)" "Against annex-
 44        ation (of named territory)." Voting boundaries shall be drawn  to  include
 45        only  those  voters  within each contiguous territory  proposed for annex-
 46        ation. A majority  of those voting in each contiguous territory  must vote
 47        in favor of annexation of the named territory for that separate  territory
 48        to  be  annexed  and  if this occurs, the city may continue the process of
 49        adopting the ordinance. If a majority does not vote in favor of annexation
 50        of the named separate  territory into the city, the  annexation  shall  be
 51        deemed denied and another annexation ordinance affecting the territory may
 52        not be proposed for a three (3) year period following the election.
 53        (d)  Alternatives to annexation. In lieu of annexation, a city may provide
 54        services  by entering into contracts with owners of property in the vicin-
 55        ity of the city, provided the recipients pay for such services.
  1        (2)  Railroad right-of-way property may be annexed  when  property  within
  2    the city adjoins both sides of the right-of-way notwithstanding any other pro-
  3    vision  of  this  section.  Provided, that the city may annex only those areas
  4    which can be reasonably assumed to be used  for  orderly  development  of  the
  5    city.  Provided further, that said council shall not have the power to declare
  6    such land, lots or blocks a part of said city, if they will  be  connected  to
  7    such city only by a shoestring or strip of land upon a public highway.
  8        (3)  Notwithstanding  any  other  provision  of law, no city council shall
  9    have authority to annex property owned by a county or any  entity  within  the
 10    county  which  property  is used as a fairgrounds area under the provisions of
 11    chapter 8, title 31, or chapter 2, title 22, Idaho Code, without  the  consent
 12    of a majority of the board of county commissioners of the county in which said
 13    property lies.
 14        (4)  Notwithstanding  any  other  provision  of law, no city council shall
 15    have authority to annex property owned by a  nongovernmental  entity  used  to
 16    provide  outdoor  recreational  activities to the public which has been desig-
 17    nated as a planned unit development of fifty (50) acres or more and  does  not
 18    require or utilize any city services without the express written permission of
 19    the nongovernmental entity whose property is subject to annexation.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 11706

The purpose of this legislation is to provide for both voluntary
and involuntary annexation of properties by cities. This
legislation also requires a vote for any involuntary annexation.

                          FISCAL IMPACT

No impact on state general fund, but there will be a fiscal
impact on cities when they annex property.

Name: Representative Fred Tilman 
Phone: 208-332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                    S 1334