2003 Legislation
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HOUSE BILL NO. 274 – Cities, annexation procedures

HOUSE BILL NO. 274

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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