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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
]]]] 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
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