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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
|||| 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
2 RELATING TO ANNEXATION OF ADJACENT UNINCORPORATED AREAS BY CITIES; AMENDING
3 CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-221A,
4 IDAHO CODE, TO REQUIRE A CITY TO GIVE NOTICE OF INTENT TO ANNEX, HOLD A
5 PUBLIC HEARING AND HOLD AN ELECTION IN THE AFFECTED AREA IF CERTAIN EVENTS
6 OCCUR; AMENDING SECTION 50-222, IDAHO CODE, TO REQUIRE THAT A CITY MUST
7 COMPLY WITH THE REQUIREMENTS OF SECTION 50-221A, IDAHO CODE, BEFORE IT CAN
8 ANNEX ADJACENT TERRITORY; DECLARING AN EMERGENCY AND PROVIDING APPLICA-
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.
2
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
3
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
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.
Contact
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
STATEMENT OF PURPOSE/FISCAL NOTE H 670