Print Friendly SENATE BILL NO. 1334 – City, annex, voluntary/involuntary
SENATE BILL NO. 1334
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1334
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO ANNEXATION BY CITIES; AMENDING SECTION 50-222, IDAHO CODE, TO
3 REVISE PROCEDURES FOR ANNEXATION OF ADJACENT TERRITORY BY CITIES, TO PRO-
4 VIDE FOR VOLUNTARY AND INVOLUNTARY ANNEXATION, TO PROVIDE FOR HEARINGS, TO
5 PROVIDE FOR OBJECTIONS, TO PROVIDE FOR ELECTIONS AND TO PROVIDE FOR ALTER-
6 NATIVES TO ANNEXATION.
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
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.
No impact on state general fund, but there will be a fiscal
impact on cities when they annex property.
Name: Representative Fred Tilman
STATEMENT OF PURPOSE/FISCAL NOTE S 1334