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H0274........................................................by WAYS AND MEANS
CITIES - ANNEXATION - Repeals and adds to existing law to provide for the
annexation of territory adjacent to any city in the state of Idaho; to provide
for the content of all annexation proposals; to provide for voluntary
annexation or annexation by request; to provide for involuntary annexation or
annexation by force; to provide for annexation of railroad right-of-way
property under certain conditions; to preclude annexation of property used as
a fairgrounds area unless approved by the board of county commissioners; and
to preclude annexation of certain property owned by a nongovernmental entity
used to provide outdoor recreational activities to the public unless express
written permission is given by the nongovernmental entity.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 274
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO ANNEXATION OF ADJACENT TERRITORY BY CITIES; REPEALING SECTION
3 50-222, IDAHO CODE; AMENDING CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDI-
4 TION OF A NEW SECTION 50-222, IDAHO CODE, TO PROVIDE FOR ANNEXATION OF
5 ADJACENT TERRITORY, TO PROVIDE FOR CONTENT OF ALL ANNEXATION PROPOSALS, TO
6 PROVIDE FOR VOLUNTARY ANNEXATION OR ANNEXATION BY REQUEST, TO PROVIDE FOR
7 INVOLUNTARY ANNEXATION OR ANNEXATION BY FORCE, TO PROVIDE FOR ANNEXATION
8 OF RAILROAD RIGHT-OF-WAY PROPERTY UNDER CERTAIN CONDITIONS, TO PRECLUDE
9 ANNEXATION OF PROPERTY USED AS A FAIRGROUNDS AREA UNLESS APPROVED BY THE
10 BOARD OF COUNTY COMMISSIONERS AND TO PRECLUDE ANNEXATION OF CERTAIN PROP-
11 ERTY OWNED BY A NONGOVERNMENTAL ENTITY USED TO PROVIDE OUTDOOR RECRE-
12 ATIONAL ACTIVITIES TO THE PUBLIC UNLESS EXPRESS WRITTEN PERMISSION IS
13 GIVEN BY THE NONGOVERNMENTAL ENTITY; AND DECLARING AN EMERGENCY.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 50-222, Idaho Code, be, and the same is hereby
16 repealed.
17 SECTION 2. That Chapter 2, Title 50, Idaho Code, be, and the same is
18 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
19 ignated as Section 50-222, Idaho Code, and to read as follows:
20 50-222. ANNEXATION OF ADJACENT TERRITORY. (1) Except as provided herein,
21 on and after July 1, 2003, any land lying contiguous or adjacent to any city
22 in the state of Idaho, or to any addition or extension thereof may be annexed
23 by the city only if the land is lying in the area of city impact as determined
24 by procedures contained in section 67-6526, Idaho Code, and the land is laid
25 off into legal parcels containing fewer than five (5) physical acres of land
26 each without regard to the existence of easements, setback requirements or
27 other interests in lands or laws or regulations affecting the amount of land
28 which may be developed or used, and either the owner of the land requests
29 annexation, or the provisions of this section are complied with. Said land
30 shall be eligible for annexation whenever the same land shall have been or
31 shall be laid off, subdivided or platted in accordance with any statute of
32 this state or otherwise on or after the effective date of this section, or
33 whenever the owner or proprietor or any person by or with his authority, has
34 sold or begun to sell off such contiguous or adjacent lands by metes and
35 bounds in parcels of less than five (5) acres on or after the effective date
36 of this section. In any annexation of adjacent territory, the annexation shall
37 include all portions of highways lying wholly or partially within the annexed
38 area.
39 (2) All annexation proposals shall include, at a minimum:
40 (a) A map or maps of the city and adjacent territory clearly and
41 unambiguously showing the present and proposed boundaries of the city,
42 including streets and roads, major utility trunk lines, sewer
2
1 interceptors, drainage lines and collectors in the area proposed for
2 annexation, and proposed land use designations or zones in the area to be
3 annexed.
4 (b) A statement setting forth plans and dates established by the city for
5 extending or otherwise providing services within the area to be annexed
6 including, but not limited to, water, sewer, police, fire protection, san-
7 itation and other services as applicable.
8 (c) A statement setting forth the method under which the city plans to
9 finance the providing of city services in the proposed area of annexation.
10 (d) A statement of the effect of the proposed annexation upon local pub-
11 lic school districts, including the estimated number of additional stu-
12 dents and capital construction required to educate these students.
13 (e) A statement setting forth the anticipated financial and other effects
14 on residents and landowners in the area proposed to be annexed including,
15 without limitation, increases in real property and other taxes and changes
16 in zoning, business, and other regulations affecting the businesses, resi-
17 dents and landowners in the area proposed to be annexed.
18 (3) Voluntary annexation or annexation by request.
19 (a) The governing body of any municipality may annex by ordinance any
20 area lying entirely within the area of city impact as determined by proce-
21 dures contained in section 67-6526, Idaho Code, which is contiguous or
22 adjacent to current city boundaries, and does not surround land owned by
23 others, upon the express written request to be annexed, of two-thirds
24 (2/3) of the real property owners located within the area proposed for
25 annexation, such request being directed to the governing body within three
26 (3) months of the commencement of the annexation process by the governing
27 board. No request shall be effective after three (3) months unless renewed
28 in writing to the governing body.
29 (b) The governing body of any municipality may annex by ordinance any
30 land owned by a single landowner upon the landowner's express written
31 request to the governing body without regard to the acreage involved, pro-
32 vided said land is entirely within the area of city impact as determined
33 by procedures contained in section 67-6526, Idaho Code, is contiguous or
34 adjacent to current city boundaries, and does not surround land owned by
35 others.
36 (4) Involuntary annexation or annexation by force.
37 (a) Proposal and hearings. A city may propose to annex adjacent territory
38 by ordinance pursuant to the provisions of this subsection (4). Not more
39 than one (1) territory shall be proposed for annexation in any six (6)
40 month period. Following an annexation proposal by the governing body, the
41 governing body at its expense shall hold at least two (2) public hearings
42 regarding the proposed annexation. The hearings shall be held in the ter-
43 ritory proposed to be annexed, or as close to said territory as is practi-
44 cable, and said hearings shall be held in a public place that has adequate
45 space to accommodate those wishing to attend. The hearings shall be held
46 as close to 7:00 p.m. as possible. At least twenty (20) days before each
47 hearing, hearing notices stating the date, time and location of each hear-
48 ing and containing both a map clearly and unambiguously showing the entire
49 area proposed for annexation and the statements required under subsections
50 (2)(d) and (2)(e) of this section, shall be sent to each property owner
51 and registered voter in the territory by first class mail. At least twenty
52 (20) days before each hearing, notice shall also be published in local
53 newspapers of general circulation in the area proposed for annexation, and
54 posted in prominent places throughout the area proposed for annexation. At
55 least two (2) weeks before each hearing, the city shall make available a
3
1 plan and timetable for providing city services including, but not limited
2 to, police, fire, emergency medical, sewer, electricity, water and any
3 other services as applicable, and the projected costs and methods of
4 financing for the area proposed for annexation.
5 (b) Objections. If within ninety (90) calendar days of the conclusion of
6 the final public hearing held by the governing body concerning the pro-
7 posed annexation, a number of registered voters in the area proposed to be
8 annexed equal to twenty percent (20%) of the number of voters in said
9 area who voted in the last general election, object to the proposed annex-
10 ation in writing or by petition, or a combination thereof, to the clerk of
11 the city proposing the annexation, an election shall be held on the ques-
12 tion.
13 (c) Election. Any election held pursuant to this subsection (4) shall be
14 conducted in accordance with Idaho's general election laws using a sepa-
15 rate ballot and shall be held on one (1) of the dates specified in section
16 34-106, Idaho Code. A separate ballot form as provided by law shall be
17 used, clearly stating the question: "For annexation of (named territory)"
18 or "Against annexation of (named territory)." Voting boundaries shall be
19 drawn to include only those registered electors within the territory pro-
20 posed for annexation. If a majority of those voting in the election vote
21 in favor of annexation, the governing body may adopt an ordinance to
22 effect the annexation. If a majority of those voting in the election do
23 not favor the annexation, the question shall be lost and the annexation
24 shall be denied. No annexation ordinance affecting this territory or any
25 part of it shall be made or proposed for a three (3) year period following
26 the election; provided however, the provisions for annexation pursuant to
27 subsection (3)(b) of this section shall not be affected by the provisions
28 of this subsection (4).
29 (d) Alternatives to annexation. In lieu of annexation, the governing body
30 of a municipality may provide services by entering into contracts with
31 owners of property in the vicinity of the city, provided the recipients
32 pay for such services. No city may require consent to annexation from such
33 property owners as a condition of providing contracted services, or imply
34 or infer a consent to be annexed.
35 (5) Railroad right-of-way property may be annexed when property within
36 the city adjoins both sides of the right-of-way notwithstanding any other pro-
37 vision of this section. Provided, that the city may annex only those areas
38 which can be reasonably assumed to be used for orderly development of the
39 city. Provided further, that said governing body shall not have the power to
40 declare such land, lots or blocks a part of said city if they will be con-
41 nected to such city only by a shoestring or strip of land upon a public high-
42 way.
43 (6) Notwithstanding any other provision of law, no governing body of a
44 municipality shall have authority to annex property owned by a county or any
45 entity within the county which property is used as a fairgrounds area under
46 the provisions of chapter 8, title 31, Idaho Code, or chapter 2, title 22,
47 Idaho Code, without the consent of a majority of the board of county commis-
48 sioners of the county in which said property lies.
49 (7) Notwithstanding any other provision of law, no governing body of a
50 municipality shall have authority to annex property owned by a nongovernmental
51 entity used to provide outdoor recreational activities to the public which has
52 been designated as a planned unit development of fifty (50) acres or more and
53 does not require or utilize any city services, without the express written
54 permission of the nongovernmental entity whose property is subject to annex-
55 ation.
4
1 SECTION 3. An emergency existing therefor, which emergency is hereby
2 declared to exist, this act shall be in full force and effect on and after its
3 passage and approval.
STATEMENT OF PURPOSE
RS 12885C1
The purpose of this legislation is to provide for both voluntary
and involuntary annexation of properties by cities. This
legislation also requires a vote for any involuntary annexation.
FISCAL IMPACT
There is no impact on the state general fund.
Contact
Name: Rep Barrett
Phone: (208)332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 274