Print Friendly SENATE BILL NO. 1335 – Annexation, procedures
SENATE BILL NO. 1335
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1335
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO ANNEXATION BY MUNICIPAL CORPORATIONS; REPEALING SECTION 50-222,
3 IDAHO CODE; AMENDING CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A
4 NEW SECTION 50-222, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT, TO PROVIDE
5 GENERAL AUTHORITY, TO PROVIDE FOR CLASSIFICATIONS OF LAND ANNEXATIONS, TO
6 PROVIDE FOR EVIDENCE OF CONSENT TO ANNEXATION, TO PROVIDE FOR CERTAIN
7 ANNEXATION PROCEDURES, TO PROVIDE JUDICIAL REVIEW AND TO PROVIDE FOR
8 ANNEXATION OF NONCONTIGUOUS MUNICIPAL AIRFIELDS; REPEALING SECTION
9 50-222A, IDAHO CODE; AMENDING SECTION 55-2505, IDAHO CODE, TO PROVIDE AN
10 EXCEPTION TO THE EXEMPTION FROM DISCLOSURE OF TRANSFERS OF NEWLY CON-
11 STRUCTED RESIDENTIAL PROPERTY THAT PREVIOUSLY HAS NOT BEEN INHABITED AND
12 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 55-2508, IDAHO CODE, TO
13 PROVIDE THAT A SELLER'S DISCLOSURE STATEMENT SHALL INCLUDE THREE QUESTIONS
14 RELATIVE TO NEWLY CONSTRUCTED RESIDENTIAL REAL PROPERTY THAT PREVIOUSLY
15 HAS NOT BEEN INHABITED; AND AMENDING SECTION 67-6526, IDAHO CODE, TO PRO-
16 VIDE A DEMAND PROCEDURE TO FACILITATE COMPLIANCE WITH LAW FOR THOSE COUN-
17 TIES AND CITIES WHICH HAVE NOT ADOPTED REQUIRED ORDINANCES PROVIDING FOR
18 THE IDENTIFICATION OF AN AREA OF CITY IMPACT WITHIN THE UNINCORPORATED
19 AREA OF THE COUNTY OR FOR APPLICATION OF PLANS AND ORDINANCES FOR SUCH
20 AREA OF CITY IMPACT, TO PROVIDE FOR A REVIEW EVERY TEN YEARS AND TO MAKE
21 TECHNICAL CORRECTIONS.
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
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-
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-
6 (v) In addition to the standards set forth elsewhere in this sec-
7 tion, annexation of the following lands must meet the following
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;
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-
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
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
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
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) ...................
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.): ....
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
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
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
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
Name: Senator Moon Wheeler
Name: Senator Jerry Thorne
STATEMENT OF PURPOSE/FISCAL NOTE S 1335