2004 Legislation
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HOUSE BILL NO. 685 – Cities, annexatn/hearings/election

HOUSE BILL NO. 685

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H0685...................................................by LOCAL GOVERNMENT
ANNEXATION - Adds to and repeals existing law to require a city to give
notice of intent to annex, to hold a public hearing and to hold an election
in the affected area if certain events occur; to provide for the annexation
of adjacent territory by cities; and to provide for annexation of
noncontiguous territory which is occupied by a municipally owned or
operated airport or landing field, with limitations.
                                                                        
02/13    House intro - 1st rdg - to printing
02/16    Rpt prt - to Loc Gov

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 685
                                                                        
                               BY LOCAL GOVERNMENT 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, TO HOLD A
  5        PUBLIC HEARING AND HOLD AN ELECTION IN THE AFFECTED AREA IF CERTAIN EVENTS
  6        OCCUR; REPEALING SECTION 50-222, IDAHO CODE; AMENDING CHAPTER 2, TITLE 50,
  7        IDAHO  CODE,  BY THE ADDITION OF A NEW SECTION 50-222, IDAHO CODE, TO PRO-
  8        VIDE FOR ANNEXATION OF ADJACENT TERRITORY BY CITIES; AMENDING  CHAPTER  2,
  9        TITLE  50,  IDAHO  CODE,  BY  THE ADDITION OF A NEW SECTION 50-222A, IDAHO
 10        CODE, TO PROVIDE FOR ANNEXATION OF NONCONTIGUOUS TERRITORY WHICH IS  OCCU-
 11        PIED  BY  A  MUNICIPALLY  OWNED OR OPERATED AIRPORT OR LANDING FIELD, WITH
 12        LIMITATIONS; DECLARING AN EMERGENCY AND PROVIDING APPLICATION.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Chapter 2, Title 50, Idaho Code,  be,  and  the  same  is
 15    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 16    ignated as Section 50-221A, Idaho Code, and to read as follows:
                                                                        
 17        50-221A.  NOTICE OF INTENT TO ANNEX -- ELECTION. (1) Before annexing adja-
 18    cent territory, a city shall pass an ordinance declaring its intent to do  so.
 19    The ordinance shall be adopted in compliance with all state and local laws and
 20    rules  governing the adoption of an ordinance. After passing said ordinance of
 21    a city to annex adjacent territory, the city council shall have printed in the
 22    city's official newspaper, as defined in section 50-213, Idaho Code,  a  legal
 23    notice  of  the city's intent to annex the territory and that a public hearing
 24    will be held regarding the proposed annexation. The legal notice shall contain
 25    the time, date and place of the hearing and a clear and  unambiguous  descrip-
 26    tion  of  the  area  proposed to be annexed, why the city desires to annex the
 27    property and what public purpose annexation will serve, what services the city
 28    will be providing to the annexed property and residents of  that  property,  a
 29    time  limit  on  providing  the services and if taxes are to be collected that
 30    they will be returned if services are not provided within a date when the ser-
 31    vices were initially promised to be provided and shall be printed for at least
 32    fourteen (14) days. As used herein services shall include, but not be  limited
 33    to,  police,  fire,  paramedics,  sewer, waste disposal, or water. Said notice
 34    shall also clearly and unambiguously describe the right of any person, natural
 35    or legal, to protest the proposed annexation. Within one (1)  week  after  the
 36    last  legal  notice  has  been published, the city council shall hold a formal
 37    public hearing to give the residents of the affected area and any other inter-
 38    ested person a chance to protest the proposed annexation. The hearing shall be
 39    scheduled for a time and date, and held in such a manner as  to  maximize  the
 40    opportunity  for  affected  parties to attend and be heard. In addition to the
 41    legal notice specified in this  subsection,  a  notice  of  hearing  shall  be
 42    printed  in  the city's official newspaper as defined in section 50-213, Idaho
 43    Code, for seven (7) days prior to the hearing. If, for any reason, the hearing
                                                                        
                                           2
                                                                        
  1    required in this subsection is postponed or is continued after it  is  opened,
  2    notice for the postponed or continued hearing shall conform to the content and
  3    minimum time limits provided in this subsection.
  4        (2)  Any  person or business, whether a resident of the territory proposed
  5    to be annexed, a resident of the city proposing to annex the territory,  or  a
  6    resident  of  the area of impact of the city proposing to annex the territory,
  7    shall have the right to protest the annexation orally or in writing. A protest
  8    includes any objection to the proposed annexation in whole or in part.  If  no
  9    oral  protests are received by the council at the public hearing or no written
 10    protests are received by the city council, city attorney's office, city clerk,
 11    the office of the mayor, or the planning and zoning board of the  city  within
 12    five  (5) business days after the close of the public hearing required in sub-
 13    section (1) of this section, the city council may proceed with annexation pro-
 14    ceedings as defined in sections 50-222 through 50-224, Idaho Code.
 15        (3)  If any oral or written protests are  received  by  the  council  from
 16    twenty-five  percent  (25%) or more of the registered voters who reside in the
 17    area proposed to be annexed, an election shall be held on one (1) of the dates
 18    specified in section 34-106, Idaho Code, and polling places established in the
 19    area to be annexed for the purpose of submitting  to  the  qualified  electors
 20    residing  in the area to be annexed, the question of whether the proposed area
 21    shall be annexed into the city. Such election shall be conducted by the  city,
 22    which  is  proposing  annexation  of  the adjacent territory, in a manner pre-
 23    scribed by chapter 4, title 50, Idaho Code, for general  city  elections.  The
 24    city proposing annexation shall incur all costs of the election.
 25        (4)  Only  if a two-thirds (2/3) majority of votes cast by electors in the
 26    election favor annexation may the council then  proceed  with  the  annexation
 27    proceedings as defined in sections 50-222 through 50-224, Idaho Code.
 28        (5)  If,  upon canvassing of the votes, it is determined that a two-thirds
 29    (2/3) majority of the qualified electors who voted  in  the  election  favored
 30    annexation,  the  clerk  of  the city shall, by abstract of the results of the
 31    election, certify the fact to the board of county commissioners. The clerk  of
 32    such board shall thereupon record the same and transmit said original abstract
 33    of  the  result  of  the election to the office of the secretary of state. The
 34    original abstract shall be filed by the secretary of state in his office imme-
 35    diately upon receiving the same, and certificates of the filing of such origi-
 36    nal abstract in his office shall be transmitted to the clerk of the  board  of
 37    the  county commissioners and to the clerk of the city. The date of annexation
 38    shall be October 1 next following the  election  and  the  perfection  of  the
 39    required processes described in sections 50-222 through 50-224, Idaho Code.
 40        (6)  The  provisions  of  this  section shall not apply to applications or
 41    requests for annexation made by property owners requesting  that  the  owner's
 42    property be annexed. The provisions of this section shall apply only to annex-
 43    ations initiated by cities.
                                                                        
 44        SECTION  2.  That  Section  50-222, Idaho Code, be, and the same is hereby
 45    repealed.
                                                                        
 46        SECTION 3.  That Chapter 2, Title 50, Idaho Code,  be,  and  the  same  is
 47    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 48    ignated as Section 50-222, Idaho Code, and to read as follows:
                                                                        
 49        50-222.  ANNEXATION OF ADJACENT TERRITORY. (1)  On and  after  January  1,
 50    1995, any land lying contiguous or adjacent to any city in the state of Idaho,
 51    or to any addition or extension thereof may be annexed by the city only if the
 52    land is lying in the area of city impact as determined by procedures contained
                                                                        
                                           3
                                                                        
  1    in  section 67-6526, Idaho Code, and the land is laid off into blocks contain-
  2    ing not more than five (5) acres of land each, whether  the  same  shall  have
  3    been  or shall be laid off, subdivided or platted in accordance with any stat-
  4    ute of this state or otherwise, or whenever the owner  or  proprietor  or  any
  5    person by or with his authority, has sold or begun to sell off such contiguous
  6    or  adjacent  lands by metes and bounds in tracts not exceeding five (5) acres
  7    and the procedures contained in section  50-221A,  Idaho  Code,  are  complied
  8    with.  Provided however, that any land split that occurred prior to January 1,
  9    1975, and was the result of the placement of public utilities, public roads or
 10    highways, or railroad lines through the property shall not  be  considered  an
 11    intent to develop such land and shall not be sufficient evidence that the land
 12    by  present  owner has been laid off or subdivided in lots or blocks, and pro-
 13    vided further that a single sale of five (5) acres or less to a family  member
 14    of  the owner for the purpose of constructing a residence shall not constitute
 15    a sale within the meaning of this section. For the purposes of  this  section,
 16    "family  member"  means a natural person or the spouse of a natural person who
 17    is related to the owner by blood, adoption or marriage within the first degree
 18    of consanguinity. If a city has not adopted an area of city  impact  prior  to
 19    January  1, 1995, the city shall not be prohibited from annexing adjacent ter-
 20    ritory if an area of city impact has been adopted in accordance with the  pro-
 21    visions  of  section  67-6526,  Idaho  Code, prior to annexation and all other
 22    requirements for annexation have been met. An owner of land of  any  size  may
 23    request  that  the tract of land be annexed by the city whether the land is or
 24    is not contained in the city's area of impact by submitting  such  request  in
 25    writing  to the city council. If the tract of land is surrounded by or borders
 26    the city, the council may, by ordinance, declare the intent  of  the  city  to
 27    annex  the  property. If the process described in section 50-221A, Idaho Code,
 28    has been satisfactorily complied with, the council may  by  ordinance  declare
 29    the land by proper legal description thereof to be a part of such city. In any
 30    annexation of adjacent territory, the annexation shall include all portions of
 31    highways lying wholly or partially within the annexed area.
 32        (2)  Railroad  right-of-way  property  may be annexed when property within
 33    the city adjoins both sides of the right-of-way notwithstanding any other pro-
 34    vision of this section. Provided, that the city may  annex  only  those  areas
 35    which  can  be  reasonably  assumed  to be used for orderly development of the
 36    city. Provided further, that said council shall not have the power to  declare
 37    such  land,  lots  or blocks a part of said city, if they will be connected to
 38    such city only by a shoestring or strip of land upon a public highway.
 39        (3)  Notwithstanding any other provision of law,  no  city  council  shall
 40    have  authority  to  annex property owned by a county or any entity within the
 41    county which property is used as a fairgrounds area under  the  provisions  of
 42    chapter  8,  title 31, or chapter 2, title 22, Idaho Code, without the consent
 43    of a majority of the board of county commissioners of the county in which said
 44    property lies.
 45        (4)  Notwithstanding any other provision of law,  no  city  council  shall
 46    have  authority  to  annex  property owned by a nongovernmental entity used to
 47    provide outdoor recreational activities to the public which  has  been  desig-
 48    nated  as  a planned unit development of fifty (50) acres or more and does not
 49    require or utilize any city services without the express written permission of
 50    the nongovernmental entity whose property is subject to annexation.
                                                                        
 51        SECTION 4.  That Chapter 2, Title 50, Idaho Code,  be,  and  the  same  is
 52    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 53    ignated as Section 50-222A, Idaho Code, and to read as follows:
                                                                        
                                           4
                                                                        
  1        50-222A.  ANNEXATION OF NONCONTIGUOUS TERRITORY. A city may  annex  terri-
  2    tory that is not contiguous to the city and is occupied by a municipally owned
  3    or  operated airport or landing field. However, a city may not annex any other
  4    territory adjacent to such noncontiguous facilities  which  is  not  otherwise
  5    annexable pursuant to section 50-222, Idaho Code.
                                                                        
  6        SECTION  5.  An  emergency  existing  therefor,  which emergency is hereby
  7    declared to exist, this act shall be in full force and effect on and after its
  8    passage and approval. Any annexation pending a legal decision by a court  cur-
  9    rently considering said annexation that overturns the ordinance to annex would
 10    become subject to this act.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 14036
                                
This legislation repeals current I.C. 50-222 and replaces it with
language that had been previously enacted with some changes. A new
section 50-221A is added, to provide that, except when the consent is
obtained from those to be annexed, 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. Bill Sali 
          Rep. Cliff Bayer
Phone:    332-1000
                    
STATEMENT OF PURPOSE/FISCAL NOTE                         H 685