2002 Legislation
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SENATE BILL NO. 1335 – Annexation, procedures


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S1335......................................by LOCAL GOVERNMENT AND TAXATION
CITIES - ANNEXATION - Amends, repeals and adds to existing law to provide
procedures for annexation of certain classifications of lands by cities.
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. 1335
  1                                        AN ACT
 22    Be It Enacted by the Legislature of the State of Idaho:
 23        SECTION  1.  That  Section  50-222, Idaho Code, be, and the same is hereby
 24    repealed.
 25        SECTION 2.  That Chapter 2, Title 50, Idaho Code,  be,  and  the  same  is
 26    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 27    ignated as Section 50-222, Idaho Code, and to read as follows:
 28        50-222.  ANNEXATION BY CITIES. (1)  Legislative  intent.  The  legislature
 29    hereby  declares  and  determines  that it is the policy of the state of Idaho
 30    that cities of the state should be able to annex lands  which  are  reasonably
 31    necessary  to  assure  the  orderly  development of Idaho's cities in order to
 32    allow efficient and economically viable provision of  tax-supported  and  fee-
 33    supported  municipal  services,  to  enable the orderly development of private
 34    lands which benefit from the cost-effective availability of municipal services
 35    in urbanizing areas and to equitably allocate the costs of public services  in
 36    management of development on the urban fringe.
 37        (2)  General  authority.  Cities  have  the authority to annex land into a
 38    city upon compliance with the procedures required  in  this  section.  In  any
 39    annexation  proceeding,  all  portions  of  highways lying wholly or partially
 40    within an area to be annexed shall be included within the area annexed  unless
 41    expressly  agreed  between  the  annexing  city and the governing board of the
 42    highway agency providing road maintenance at the time of annexation.  Provided
  1    further, that said city council shall not have the power to declare such land,
  2    lots or blocks a part of said city if they will be connected to such city only
  3    by  a shoestring or strip of land which comprises a railroad or highway right-
  4    of-way.
  5        (3)  Annexation classifications. Annexations shall be classified and proc-
  6    essed according to the  standards  for  each  respective  category  set  forth
  7    herein. The three (3) types of annexation are:
  8        (a)  Category  A:  Annexations  wherein  all  private  landowners raise no
  9        objection to annexation, or annexations of any enclaved  lands,  irrespec-
 10        tive  of surface areas, which are surrounded on all sides by land within a
 11        city or which are bounded on all sides by lands within a city and by lands
 12        for which owner approval must be given pursuant to subsection (5)(b)(v) of
 13        this section.
 14        (b)  Category B: Annexations wherein:
 15             (i)   The subject lands contain less than two hundred (200)  separate
 16             private  ownerships and platted lots of record and where not all such
 17             landowners have consented to annexation; or
 18             (ii)  The subject lands contain more than two hundred (200)  separate
 19             private  ownerships  and  platted lots of record and where landowners
 20             owning more than fifty percent (50%) of the area of the subject  pri-
 21             vate  lands  have evidenced their consent to annexation at the outset
 22             of the annexation process; or
 23             (iii) The lands are the subject of  a  development  moratorium  or  a
 24             water  or  sewer  connection  restriction  imposed  by state or local
 25             health or environmental agencies; provided such lands  shall  not  be
 26             counted  for  purposes  of determining the number of separate private
 27             ownerships and platted lots of record  aggregated  to  determine  the
 28             appropriate category.
 29        (c)  Category  C:  Annexations wherein the subject lands contain more than
 30        two hundred (200) separate private ownerships and platted lots  of  record
 31        and  where  landowners owning more than fifty percent (50%) of the area of
 32        the subject private lands have not evidenced their consent  to  annexation
 33        at the outset of the annexation process.
 34        (4)  Evidence  of  consent  to  annexation.  For purposes of this section,
 35    prior consent to annex shall be deemed given when evidenced by written  autho-
 36    rization  or  approval  executed by the owner or the owner's authorized agent.
 37    Consent shall be implied for the area of all lands connected  to  a  water  or
 38    wastewater  collection  system operated by the city and for lands subject to a
 39    written consent to annex recorded in the  county  recorder's  office.  Written
 40    consent  to annex lands, if recorded in the county recorder's office, shall be
 41    binding upon subsequent purchasers, heirs, or assigns of  lands  addressed  in
 42    the  consent.  Lands  need not be contiguous or adjacent to the city limits at
 43    the time the landowner consents to annexation for the property to  be  subject
 44    to  a  valid  consent to annex; provided however, no annexation of lands shall
 45    occur, irrespective of consent, until such land becomes contiguous or adjacent
 46    to such city.
 47        (5)  Annexation procedures. Annexation of lands into a city  shall  follow
 48    the procedures applicable to the category of lands as established by this sec-
 49    tion.  The  implementation of any annexation proposal wherein the city council
 50    determines that annexation is appropriate shall be concluded with the  passage
 51    of an ordinance of annexation.
 52        (a)  Procedures  for  category  A  annexations:  Lands lying contiguous or
 53        adjacent to any city in the state of Idaho may be annexed by the  city  if
 54        the  proposed annexation meets the requirements of category A. Upon deter-
 55        mining that a proposed annexation meets such requirements, a city may ini-
  1        tiate the planning and zoning procedures set forth in  chapter  65,  title
  2        67,  Idaho  Code,  to establish the comprehensive planning policies, where
  3        necessary, and zoning classification of the lands to be annexed.
  4        (b)  Procedures for category B annexations: A city may  annex  lands  that
  5        would  qualify under the requirements of category B annexation if the fol-
  6        lowing requirements are met:
  7             (i)   The lands are contiguous or adjacent to the city and lie within
  8             the city's area of city impact;
  9             (ii)  The land is laid off into lots or blocks  containing  not  more
 10             than five (5) acres of land each, whether the same shall have been or
 11             shall be laid off, subdivided or platted in accordance with any stat-
 12             ute  of  this state or otherwise, or whenever the owner or proprietor
 13             or any person by or with his authority has sold or begun to sell  off
 14             such  contiguous  or adjacent lands by metes and bounds in tracts not
 15             exceeding five (5) acres, or whenever the land is surrounded  by  the
 16             city.  Splits  of  ownership which occurred prior to January 1, 1975,
 17             and which were the result of placement of  public  utilities,  public
 18             roads  or  highways, or railroad lines through the property shall not
 19             be considered as evidence of an intent to develop such land and shall
 20             not be sufficient evidence that the land has been laid off or  subdi-
 21             vided in lots or blocks. A single sale after January 1, 1975, of five
 22             (5)  acres or less to a family member of the owner for the purpose of
 23             constructing a residence shall not constitute a sale within the mean-
 24             ing of this section. For purposes of this  section,  "family  member"
 25             means  a  natural  person  or  the  spouse of a natural person who is
 26             related to the owner by blood, adoption or marriage within the  first
 27             degree of consanguinity;
 28             (iii) Preparation  and  publication  of  a  written  annexation plan,
 29             appropriate to  the  scale  of  the  annexation  contemplated,  which
 30             includes, at a minimum, the following elements:
 31                  (A)  The manner of providing tax-supported municipal services to
 32                  the lands proposed to be annexed;
 33                  (B)  The  changes  in  taxation and other costs, using examples,
 34                  which would result if the subject lands were to be annexed;
 35                  (C)  The means of providing fee-supported municipal services, if
 36                  any, to the lands proposed to be annexed;
 37                  (D)  A brief analysis of the  potential  effects  of  annexation
 38                  upon  other  units  of  local government which currently provide
 39                  tax-supported or fee-supported services to the lands proposed to
 40                  be annexed; and
 41                  (E)  The proposed future land use plan and zoning designation or
 42                  designations, subject to public hearing, for the lands  proposed
 43                  to be annexed;
 44             (iv)  Compliance  with  the notice and hearing procedures governing a
 45             zoning district boundary change as  set  forth  in  section  67-6511,
 46             Idaho Code, on the question of whether the property should be annexed
 47             and,  if  annexed, the zoning designation to be applied thereto; pro-
 48             vided however, the initial notice of public  hearing  concerning  the
 49             question  of annexation and zoning shall be published in the official
 50             newspaper of the city and mailed by first class mail to  every  prop-
 51             erty  owner  with lands included in such annexation proposal not less
 52             than twenty-eight (28) days prior to the initial public hearing.  All
 53             public  hearing notices shall establish a time and procedure by which
 54             comments concerning the proposed annexation may be received in  writ-
 55             ing  and heard and, additionally, public hearing notices delivered by
  1             mail shall include a one (1) page summary  of  the  contents  of  the
  2             city's proposed annexation plan and shall provide information regard-
  3             ing  where  the annexation plan may be obtained without charge by any
  4             property owner whose property would be subject to the annexation pro-
  5             posal.
  6             (v)  In addition to the standards set forth elsewhere  in  this  sec-
  7             tion,  annexation  of  the  following  lands  must meet the following
  8             requirements:
  9                  (A)  Property, owned by  a  county  or  any  entity  within  the
 10                  county,  that is used as a fairgrounds area under the provisions
 11                  of chapter 8, title 31, Idaho Code, or   chapter  2,  title  22,
 12                  Idaho  Code, must have the consent of a majority of the board of
 13                  county commissioners of the county in which the  property  lies;
 14                  and
 15                  (B)  Property,  owned  by a nongovernmental entity, that is used
 16                  to provide outdoor recreational activities  to  the  public  and
 17                  that  has been designated as a planned unit development of fifty
 18                  (50) acres or more and does not require or utilize any city ser-
 19                  vices must have the express written permission of the nongovern-
 20                  mental entity owner.
 21             (vi)  After considering the written and  oral  comments  of  property
 22             owners  whose  land  would be annexed and other affected persons, the
 23             city council may proceed with the enactment of an ordinance of annex-
 24             ation and zoning. In the course of  the  consideration  of  any  such
 25             ordinance,  the  city  must make express findings, to be set forth in
 26             the minutes of the city council meeting at which  the  annexation  is
 27             approved, as follows:
 28                  (A)  The land to be annexed meets the applicable requirements of
 29                  this  section  and does not fall within the exceptions or condi-
 30                  tional exceptions contained in this section;
 31                  (B)  The annexation would be consistent with the public purposes
 32                  addressed in the annexation plan prepared by the city;
 33                  (C)  The annexation is  reasonably  necessary  for  the  orderly
 34                  development of the city;
 35             (vii) Notwithstanding  any  other provision of this section, railroad
 36             right-of-way property may be annexed pursuant to  this  section  only
 37             when  property  within  the city adjoins or will adjoin both sides of
 38             the right-of-way.
 39        (c)  Procedures for category C annexations: A city may  annex  lands  that
 40        would  qualify under the requirements of category C annexation if the fol-
 41        lowing requirements are met:
 42             (i)   Compliance with the  procedures  governing  category  B  annex-
 43             ations; and
 44             (ii)  Evidence of consent to annexation based upon the following pro-
 45             cedures:
 46                  (A)  Following completion of all procedures required for consid-
 47                  eration of a category B annexation, but prior to enactment of an
 48                  annexation  ordinance and upon an affirmative action by the city
 49                  council, the city shall mail notice to  all  private  landowners
 50                  owning  lands  within  the  area to be annexed, exclusive of the
 51                  owners of lands that receive water and sewer service and  owners
 52                  of  lands  that are subject to a recorded consent to annex. Such
 53                  notice shall invite property owners to either  give  consent  or
 54                  express opposition to the annexation, include a return-addressed
 55                  postage-paid  postcard,  and  inform  the  landowners  where the
  1                  entire record of the subject annexation may  be  examined.  Such
  2                  mailed  notice  shall  also  include  a legal description of the
  3                  lands proposed for annexation and a  simple  map  depicting  the
  4                  location of the subject lands.
  5                  (B)  Each  landowner desiring to reply must do so within twenty-
  6                  one (21) days of the date of the initial mailing of such notice.
  7                  The required response postmark date shall be stated in the mail-
  8                  ing that accompanies the reply postcard.
  9                  (C)  The results of the mail poll shall be compiled by the  city
 10                  clerk and shall be determined by tabulating the physical area of
 11                  the  lands,  as  expressed in acres or square feet, whose owners
 12                  consent to annexation in their response, plus the  area  of  all
 13                  lands  receiving  water  and sewer service from the city and the
 14                  area of all lands subject to a recorded consent to annex against
 15                  the area of all lands whose owners object to annexation.  Objec-
 16                  tions  received  after the conclusion of the twenty-one (21) day
 17                  period shall not be considered unless the late objection is  due
 18                  to  the city's failure to follow the procedures provided herein.
 19                  Objections received from owners of lands subject to  a  recorded
 20                  consent  to  annex, or from owners receiving water or sewer ser-
 21                  vice  from the city, shall not be considered objections for pur-
 22                  poses of this section. Lands of landowners  to  whom  notice  is
 23                  mailed  and  who do not respond to the consent request shall not
 24                  be counted or considered. The clerk shall report the results  to
 25                  the city council.
 26                  (D)  Upon  receiving such report, the city council shall canvass
 27                  the results and  may  thereafter  confirm  whether  consent  was
 28                  received  from  the  owners  of  a  majority  of  the land areas
 29                  responding. The results of the canvass shall be reflected in the
 30                  minutes of the city council. If the canvass confirms that owners
 31                  of more land area support annexation  than  oppose  such  annex-
 32                  ation,  the  city  council may enact an ordinance of annexation,
 33                  which thereafter shall be published and become effective accord-
 34                  ing to the terms of the ordinance. If the canvass confirms  that
 35                  owners  of  more  land  area oppose annexation than support such
 36                  annexation, the category C annexation shall not be authorized.
 37        (6)  The decision of a city council to annex and zone lands as a  category
 38    B  or  category C annexation shall be subject to judicial review in accordance
 39    with the procedures provided in chapter 52, title 67, Idaho Code, and pursuant
 40    to the standards set forth in section 67-5279, Idaho  Code.  Any  such  appeal
 41    shall  be  filed  by  an  affected person in the appropriate district court no
 42    later than twenty-eight (28) days after the date of publication of the  annex-
 43    ation ordinance. All cases in which there may arise a question of the validity
 44    of  any annexation under this section shall be advanced as a matter of immedi-
 45    ate public interest and concern, and shall be heard by the district  court  at
 46    the earliest practicable time.
 47        (7)  Annexation of noncontiguous municipal airfield. A city may annex land
 48    that  is  not contiguous to the city and is occupied by a municipally owned or
 49    operated airport or landing field. However, a city may  not  annex  any  other
 50    land  adjacent  to  such  noncontiguous  facilities  which  is  not  otherwise
 51    annexable pursuant to this section.
 52        SECTION  3.  That  Section 50-222A, Idaho Code, be, and the same is hereby
 53    repealed.
  1        SECTION 4.  That Section 55-2505, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
  3        55-2505.  EXEMPTIONS.  The  provisions of this chapter do not apply to any
  4    transfer of residential real property that is any of the following:
  5        (1)  A transfer pursuant to court order including, but not limited  to,  a
  6    transfer  ordered by a probate court during the administration of a decedent's
  7    estate, a transfer pursuant to a writ of execution, a transfer by a trustee in
  8    bankruptcy, a transfer as a result of the exercise of  the  power  of  eminent
  9    domain,  and a transfer that results from a decree for specific performance of
 10    a contract or other agreement between persons;
 11        (2)  A transfer to a mortgagee by a mortgagor by deed in lieu of  foreclo-
 12    sure or in satisfaction of the mortgage debt;
 13        (3)  A  transfer  to  a  beneficiary  of  a  deed of trust by a trustor in
 14    default;
 15        (4)  A transfer by a foreclosure sale that follows a default in the satis-
 16    faction of an obligation secured by a mortgage;
 17        (5)  A transfer by a sale under a power of sale following a default in the
 18    satisfaction of an obligation that is secured by a deed of  trust  or  another
 19    instrument  containing  a power of sale occurring within one (1) year of fore-
 20    closure on the default;
 21        (6)  A transfer by a mortgagee, or a beneficiary under a  deed  of  trust,
 22    who    has acquired the residential real property at a sale conducted pursuant
 23    to a power of sale under a mortgage or a deed of trust or who has acquired the
 24    residential real property by a deed in lieu of foreclosure;
 25        (7)  A transfer by a fiduciary in the course of the  administration  of  a
 26    decedent's estate, a guardianship, a conservatorship, or a trust;
 27        (8)  A transfer from one (1) co-owner to one (1) or more other co-owners;
 28        (9)  A transfer made to the transferor's spouse or to one (1) or more per-
 29    sons  in  the  lineal  line  of  consanguinity  of  one  (1)  or  more  of the
 30    transferors;
 31        (10) A transfer between spouses or former spouses as a result of a  decree
 32    of  divorce,  dissolution  of marriage, annulment, or legal separation or as a
 33    result of a property settlement agreement incidental to a decree  of  divorce,
 34    dissolution of marriage, annulment, or legal separation;
 35        (11) A  transfer  to  or  from  the  state, a political subdivision of the
 36    state, or another governmental entity;
 37        (12) A transfer that involved newly constructed residential real  property
 38    that  previously  has not been inhabited, except that disclosure of annexation
 39    and city service status shall be declared by the sellers of  such  newly  con-
 40    structed  residential  real property in accordance with the provisions of sec-
 41    tion 55-2508, Idaho Code;
 42        (13) A transfer to a transferee who has occupied the property  as  a  per-
 43    sonal residence for one (1) or more years immediately prior to the transfer;
 44        (14) A  transfer  from a transferor who both has not occupied the property
 45    as a personal residence within one (1) year immediately prior to the  transfer
 46    and has acquired the property through inheritance or devise;
 47        (15) A  transfer  by  a  relocation company to a transferee within one (1)
 48    year from the date that the previous owner occupied the property.;
 49        (16) A transfer from a decedent's estate.
 50        SECTION 5.  That Section 55-2508, Idaho Code, be, and the same  is  hereby
 51    amended to read as follows:
 52        55-2508.  DISCLOSURE  FORM.  The disclosures required by the provisions of
  1    this article pertaining to the property proposed to  be  transferred  are  set
  2    forth  in  and  shall be made on a copy of the following disclosure form or an
  3    alternative form as provided in section 55-2506, Idaho Code:
  4                           SELLER PROPERTY DISCLOSURE FORM
  5    SELLER'S NAME AND ADDRESS: ...................................................
  6        Section 55-2501, et seq., Idaho Code, requires Sellers of residential real
  7    property to complete a property condition disclosure form.
  8        PURPOSE OF STATEMENT: This is a statement of the conditions  and  informa-
  9    tion  concerning  the  property known by the Seller. Unless otherwise advised,
 10    the Seller does not possess  any  expertise  in  construction,  architectural,
 11    engineering  or any other specific areas related to the construction or condi-
 12    tion of the improvements on the property. Other than having lived at or owning
 13    the property, the Seller possesses no greater knowledge than that which  could
 14    be  obtained upon a careful inspection of the property by the potential buyer.
 15    Unless otherwise advised, the Seller has not conducted any inspection of  gen-
 16    erally inaccessible areas such as the foundation or roof. It is not a warranty
 17    of  any  kind  by  the  Seller or by any agent representing any Seller in this
 18    transaction. It is not a substitute for any inspections. Purchaser is  encour-
 19    aged  to  obtain  his/her  own  professional inspections. Notwithstanding that
 20    transfer of newly constructed residential real property  that  previously  has
 21    not  been  inhabited  is  exempt  from disclosure pursuant to section 55-2505,
 22    Idaho Code, Sellers of such newly constructed residential real property  shall
 23    disclose  information  regarding  annexation  and city services in the form as
 24    prescribed in questions 1., 2. and 3.
 25    1.  Is the property located in an area of city impact, adjacent or  contiguous
 26    to a city limits, and thus legally subject to annexation by the city? .... Yes
 27    .... No
 28    2.  Does  the  property, if not within city limits, receive any city services?
 29    .... Yes .... No
 30    3.  Does the property have a written consent to annex recorded in  the  county
 31    recorder's office? .... Yes .... No
 32    4.  All  appliances  and  service  systems  included  in  the  sale,  (such as
 33    refrigerator/freezer, range/oven, dishwasher, disposal, hood/fan, central vac-
 34    uum, microwave  oven,  trash  compactor,  smoke  detectors,  tv  antenna/dish,
 35    fireplace/wood  stove,  water  heater, garage door opener, pool/hot tub, etc.)
 36    are functioning properly except: (please list and explain) ...................
 37    ..............................................................................
 38    ..............................................................................
 39    25.  Specify problems with the following:
 40        Basement water ...........................................................
 41        Foundation ...............................................................
 42        Roof condition and age ...................................................
 43        Well (type) ...................... problem ...............................
 44        Septic system (type) ............. problem ...............................
 45        Plumbing .................................................................
 46        Drainage .................................................................
 47        Electrical ...............................................................
 48        Heating ..................................................................
 49    36.  Describe any conditions that may affect your ability to clear title (such
 50    as encroachments, easements, zoning violations, lot line disputes, etc.): ....
 51    ..............................................................................
 52    47.  Are you aware of any hazardous materials  or  pest  infestations  on  the
 53    property? ....................................................................
  1    58.  Have  any substantial additions or alterations been made without a build-
  2    ing permit? ..................................................................
  3    69.  Any other problems, including legal, physical or other not  listed  above
  4    that you know concerning the property: .......................................
  5        The  Seller  certifies  that the information herein is true and correct to
  6    the best of Seller's knowledge as of the date signed by the Seller. The Seller
  7    is familiar with the residential real property and each act performed in  mak-
  8    ing  a  disclosure  of  an  item  of information is made and performed in good
  9    faith.
 10        I/we acknowledge receipt of a copy of this statement.
 11    Seller:                                  Buyer:
 12    ........................                 .........................
 13    Date: ..................                 Date: ...................
 14    ........................                 .........................
 15    Date: ..................                 Date: ...................
 16        SECTION 6.  That Section 67-6526, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:
 18        67-6526.  AREAS OF CITY IMPACT -- NEGOTIATION PROCEDURE. (a) The governing
 19    board  of each county and each city therein shall adopt by ordinance following
 20    the notice and hearing procedures provided in section 67-6509, Idaho  Code,  a
 21    map  identifying  an area of city impact within the unincorporated area of the
 22    county. A separate ordinance providing for application of plans and ordinances
 23    for the area of city impact shall be adopted. Subject  to  the  provisions  of
 24    section  50-222, Idaho Code, an area of city impact must be established before
 25    a city may annex adjacent territory. This separate ordinance shall provide for
 26    one (1) of the following:
 27        (1)  Application of the city plan and ordinances adopted under this  chap-
 28        ter to the area of city impact; or
 29        (2)  Application  of  the  county  plan  and ordinances adopted under this
 30        chapter to the area of city impact; or
 31        (3)  Application of any mutually agreed upon plan and  ordinances  adopted
 32        under this chapter to the area of city impact.
 33        Areas  of  city impact, together with plan and ordinance requirements, may
 34    cross county boundaries by agreement of the city and county concerned  if  the
 35    city is within three (3) miles of the adjoining county.
 36        (b)  If the requirements of section 67-6526(a), Idaho Code, are not met by
 37    January  1,  2000,  the  have  not been met, either the city or the county may
 38    demand compliance with this section by providing written notice to  the  other
 39    of  said  demand  for  compliance. Once a demand has been made, the city shall
 40    select its representative as hereinafter provided, within thirty (30) days  of
 41    said  demand, and the process set forth in this subsection shall commence. The
 42    county commissioners for the county concerned, together with three (3) elected
 43    city officials designated by the mayor of the city and confirmed by the  coun-
 44    cil,  shall,  within  thirty (30) days after the city officials have been con-
 45    firmed by the council, select three (3) city or county residents.  These  nine
 46    (9)  persons shall, by majority vote, recommend to the city and county govern-
 47    ing boards an area of city impact together with plan  and  ordinance  require-
 48    ments.  The  recommendations shall be submitted to the governing boards within
 49    one hundred eighty (180) days after the selection of the  three  (3)  at-large
 50    members  at large and shall be acted upon by the governing boards within sixty
 51    (60) days of receipt. If the city or county fails to enact ordinances  provid-
  1    ing  for  an area of city impact, plan, and ordinance requirements, either the
  2    city or county may seek a declaratory judgment from the district court identi-
  3    fying the area of city impact, and plan and ordinance requirements. In  defin-
  4    ing  an  area  of  city impact, the following factors shall be considered: (1)
  5    trade area; (2) geographic factors; and  (3)  areas  that  can  reasonably  be
  6    expected to be annexed to the city in the future.
  7        (c)  If  areas of city impact overlap, the cities involved shall negotiate
  8    boundary adjustments to be recommended to the respective city councils. If the
  9    cities cannot reach agreement, the board of county commissioners shall, upon a
 10    request from either city, within thirty (30) days,  recommend  adjustments  to
 11    the  areas  of  city  impact which shall be adopted by ordinance by the cities
 12    following the notice and hearing procedures provided in section 67-6509, Idaho
 13    Code. If any city objects to the recommendation of the board of county commis-
 14    sioners, the county shall conduct an election, subject to  the  provisions  of
 15    section  34-106,   Idaho Code, and establish polling places for the purpose of
 16    submitting to the qualified electors residing in the overlapping impact  area,
 17    the  question  of  which  area of city impact the electors wish to reside. The
 18    results of the election shall be conclusive and binding, and no  further  pro-
 19    ceedings  shall  be  entertained by the board of county commissioners, and the
 20    decision shall not be appealable by either city involved.  The  clerk  of  the
 21    board  of  county  commissioners shall by abstract of the results of the elec-
 22    tion, certify that fact, record the same and transmit copies of  the  original
 23    abstract of the result of the election to the clerk of the involved cities.
 24        (d)  Areas  of  city impact, plan, and ordinance requirements shall remain
 25    fixed until both governing boards agree to renegotiate. In the event the  city
 26    and county cannot agree, the judicial review process of subsection (b) of this
 27    section  shall apply. Renegotiations shall begin within thirty (30) days after
 28    written request by the city or county and  shall  follow  the  procedures  for
 29    original negotiation provided in this section.
 30        (e)  Prior  to negotiation or renegotiation of areas of city impact, plan,
 31    and ordinance requirements, the governing boards shall submit the questions to
 32    the planning, zoning, or planning and zoning  commission  for  recommendation.
 33    Each  commission  shall have a reasonable time fixed by the governing board to
 34    make its recommendations to the governing board. The  governing  boards  shall
 35    undertake  a  review at least every ten (10) years of the city impact plan and
 36    ordinance requirements to determine whether renegotiations  are  in  the  best
 37    interests of the citizenry.
 38        (f)  This  section  shall  not preclude growth and development in areas of
 39    any county within the state of Idaho which are not within the  areas  of  city
 40    impact provided for herein.
 41        (g)  If  the  area of impact has been delimited pursuant to the provisions
 42    of subsection (a) (1) of this section, persons  living  within  the  delimited
 43    area of impact shall be entitled to representation on the planning, zoning, or
 44    the planning and zoning commission of the city of impact.  Such representation
 45    shall as nearly as possible reflect the proportion of population living within
 46    the  city  as  opposed to the population living within the areas of impact for
 47    that city.  To achieve such proportional  representation,  membership  of  the
 48    planning,  zoning  or  planning  and zoning commission, may exceed twelve (12)
 49    persons, notwithstanding the provisions of subsection (a) of section  67-6504,
 50    Idaho Code. In instances where a city has combined either or both of its plan-
 51    ning  and  zoning  functions  with the county, representation on the resulting
 52    joint planning, zoning or planning and zoning commission shall  as  nearly  as
 53    possible reflect the proportion of population living within the impacted city,
 54    the  area  of  city  impact outside the city, and the remaining unincorporated
 55    area of the county.  Membership on such a joint planning, zoning  or  planning
  1    and zoning commission may exceed twelve (12) persons, notwithstanding the pro-
  2    visions of subsection (a) of section 67-6504, Idaho Code.

Statement of Purpose / Fiscal Impact

	                 STATEMENT OF PURPOSE

                            RS 11765C1

This legislation is intended to provide affected citizens with far 
more information concerning any annexation proposal, to accord 
citizens a meaningful opportunity to. be heard regarding annexation 
and zoning decisions, to allow landowners an opportunity to consent 
to or oppose significant annexations and to establish standards and 
procedural requirements that clearly define the obligations of 
cities as they consider annexation of developing lands.

Annexations would be categorized based upon their complexity and 
extent. Unless all owners consent or unless a parcel is surrounded 
by a city, cities would be required to develop annexation plans and 
make the contents of those plans readily available to the interested 

A public hearing would have to be held regarding annexation (not 
just zoning) with extended notice requirements (twenty-eight days). 
Notice must be provided by publication and first class mail to all 
affected property owners. Annexation decisions would be required to 
address public policy considerations set forth in the statutes, with 
specific findings that the statutes have been satisfied.

After extensive opportunities to review plans and participate in 
hearings, landowners in significant annexations (200 parcels or lots 
based on the assessor’s records - Category C) will be polled to 
determine their support for or opposition to annexation. Owners of 
lands subject to recorded consent to annex or receiving water or 
sewer service from the city will be deemed to consent. In such 
circumstances, a city may not annex unless a majority of the 
responding land area supports annexation.

Opportunity for independent judicial review would be provided to 
determine that statutory procedures have been followed and that 
statutory standards have been met.

Refinements in drafting would recognize the annexation statutes 
to make them more understandable, with readers less prone to 
becoming lost in the current confusing verbiage.

The area of city impact statute would be modified to require cities 
to name their designated representatives on dispute resolution 
committees within thirty (30) days after the date that county 
commissioners elect to pursue that approach.

The standardized property seller disclosure form (Idaho Code 
§552508) would be modified to require disclosure of area of city 
impact status, disclosure of agreements which consent to annexation 
and annexation potential to purchasers.

The city and county governing boards will be required to undertake 
a review at least every ten (10) years of the city impact plan and 
ordinance requirements.

                         FISCAL IMPACT

Cities will have additional costs for preparing annexation plans, 
mailing of notices, polling property owners where necessary and 
publication of additional notices. The amounts will vary depending 
upon the number of annexations and the number of residents to be 
notified. There will be no fiscal impact to the state of Idaho.


Name:	Representative Lee Gagner
Phone:	332-1000
Name:	Senator Moon Wheeler
Phone:	332-1409
Name:	Senator Jerry Thorne
Phone:	332-1323