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H0779...............................................by REVENUE AND TAXATION
CITIES - ANNEXATION - Repeals, adds to and amends existing law to provide
for annexation of adjacent territory; to provide for 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.
03/07 House intro - 1st rdg - to printing
03/08 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 779
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO ANNEXATION OF ADJACENT TERRITORY BY CITIES; REPEALING SECTION
3 50-222, IDAHO CODE, RELATING TO ANNEXATION BY CITIES; AMENDING CHAPTER 2,
4 TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-222, IDAHO CODE,
5 TO PROVIDE FOR ANNEXATION OF ADJACENT TERRITORY, TO PROVIDE FOR CONTENT OF
6 ALL ANNEXATION PROPOSALS, TO PROVIDE FOR VOLUNTARY ANNEXATION OR ANNEX-
7 ATION BY REQUEST, TO PROVIDE FOR INVOLUNTARY ANNEXATION OR ANNEXATION BY
8 FORCE, TO PROVIDE FOR ANNEXATION OF RAILROAD RIGHT-OF-WAY PROPERTY UNDER
9 CERTAIN CONDITIONS, TO PRECLUDE ANNEXATION OF PROPERTY USED AS A FAIR-
10 GROUNDS AREA UNLESS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS AND TO
11 PRECLUDE ANNEXATION OF CERTAIN PROPERTY OWNED BY A NONGOVERNMENTAL ENTITY
12 USED TO PROVIDE OUTDOOR RECREATIONAL ACTIVITIES TO THE PUBLIC UNLESS
13 EXPRESS WRITTEN PERMISSION IS GIVEN BY THE NONGOVERNMENTAL ENTITY; AND
14 AMENDING SECTION 55-2508, IDAHO CODE, TO DELETE REFERENCE TO A WRITTEN
15 CONSENT TO ANNEX.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Section 50-222, Idaho Code, be, and the same is hereby
18 repealed.
19 SECTION 2. That Chapter 2, Title 50, Idaho Code, be, and the same is
20 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
21 ignated as Section 50-222, Idaho Code, and to read as follows:
22 50-222. ANNEXATION OF ADJACENT TERRITORY. (1) Except as provided herein,
23 on and after July 1, 2006, any land lying contiguous or adjacent to any city
24 in the state of Idaho, or to any addition or extension thereof may be annexed
25 by the city only if the land is lying in the area of city impact as determined
26 by procedures contained in section 67-6526, Idaho Code, and the land is laid
27 off into legal parcels containing fewer than five (5) physical acres of land
28 each without regard to the existence of easements, setback requirements or
29 other interests in lands or laws or regulations affecting the amount of land
30 which may be developed or used, and either the owner of the land requests
31 annexation, or the provisions of this section are complied with. Said land
32 shall be eligible for annexation whenever the same land shall have been or
33 shall be laid off, subdivided or platted in accordance with any statute of
34 this state or otherwise on or after the effective date of this section, or
35 whenever the owner or proprietor or any person by or with his authority, has
36 sold or begun to sell off such contiguous or adjacent lands by metes and
37 bounds in parcels of less than five (5) acres on or after the effective date
38 of this section. In any annexation of adjacent territory, the annexation shall
39 include all portions of highways lying wholly or partially within the annexed
40 area.
41 (2) All annexation proposals shall include, at a minimum:
42 (a) A map or maps of the city and adjacent territory clearly and
2
1 unambiguously showing the present and proposed boundaries of the city,
2 including streets and roads, major utility trunk lines, sewer
3 interceptors, drainage lines and collectors in the area proposed for
4 annexation, and proposed land use designations or zones in the area to be
5 annexed.
6 (b) A statement setting forth plans and dates established by the city for
7 extending or otherwise providing services within the area to be annexed
8 including, but not limited to, water, sewer, police, fire protection, san-
9 itation and other services as applicable.
10 (c) A statement setting forth the method under which the city plans to
11 finance the providing of city services in the proposed area of annexation.
12 (d) A statement of the effect of the proposed annexation upon local pub-
13 lic school districts, including the estimated number of additional stu-
14 dents and capital construction required to educate these students.
15 (e) A statement setting forth the anticipated financial and other effects
16 on residents and landowners in the area proposed to be annexed including,
17 without limitation, increases in real property and other taxes and changes
18 in zoning, business, and other regulations affecting the businesses, resi-
19 dents and landowners in the area proposed to be annexed.
20 (3) Voluntary annexation or annexation by request.
21 (a) The governing body of any municipality may annex by ordinance any
22 area lying entirely within the area of city impact as determined by proce-
23 dures contained in section 67-6526, Idaho Code, which is contiguous or
24 adjacent to current city boundaries, and does not surround land owned by
25 others, upon the express written request to be annexed, of two-thirds
26 (2/3) of the real property owners located within the area proposed for
27 annexation, such request being directed to the governing body within three
28 (3) months of the commencement of the annexation process by the governing
29 board. No request shall be effective after three (3) months unless renewed
30 in writing to the governing body.
31 (b) The governing body of any municipality may annex by ordinance any
32 land owned by a single landowner upon the landowner's express written
33 request to the governing body without regard to the acreage involved, pro-
34 vided said land is entirely within the area of city impact as determined
35 by procedures contained in section 67-6526, Idaho Code, is contiguous or
36 adjacent to current city boundaries, and does not surround land owned by
37 others.
38 (4) Involuntary annexation or annexation by force.
39 (a) Proposal and hearings. A city may propose to annex adjacent territory
40 by ordinance pursuant to the provisions of this subsection (4). Not more
41 than one (1) territory shall be proposed for annexation in any six (6)
42 month period. Following an annexation proposal by the governing body, the
43 governing body at its expense shall hold at least two (2) public hearings
44 regarding the proposed annexation. The hearings shall be held in the ter-
45 ritory proposed to be annexed, or as close to said territory as is practi-
46 cable, and said hearings shall be held in a public place that has adequate
47 space to accommodate those wishing to attend. The hearings shall be held
48 as close to 7:00 p.m. as possible. At least twenty (20) days before each
49 hearing, hearing notices stating the date, time and location of each hear-
50 ing and containing both a map clearly and unambiguously showing the entire
51 area proposed for annexation and the statements required under subsections
52 (2)(d) and (2)(e) of this section, shall be sent to each property owner
53 and registered voter in the territory by first class mail. At least twenty
54 (20) days before each hearing, notice shall also be published in local
55 newspapers of general circulation in the area proposed for annexation, and
3
1 posted in prominent places throughout the area proposed for annexation. At
2 least two (2) weeks before each hearing, the city shall make available a
3 plan and timetable for providing city services including, but not limited
4 to, police, fire, emergency medical and any other services as applicable,
5 and the projected costs and methods of financing for the area proposed for
6 annexation.
7 (b) Objections. If within ninety (90) calendar days of the conclusion of
8 the final public hearing held by the governing body concerning the pro-
9 posed annexation, a number of registered voters in the area proposed to be
10 annexed equal to twenty percent (20%) of the number of voters in said area
11 who voted in the last general election, object to the proposed annexation
12 in writing or by petition, or a combination thereof, to the clerk of the
13 county or counties where property is located, an election shall be held on
14 the question.
15 (c) Election. Any election held pursuant to this subsection (4) shall be
16 conducted in accordance with Idaho's general election laws using a sepa-
17 rate ballot and shall be held on one (1) of the dates specified in section
18 34-106, Idaho Code. A separate ballot form as provided by law shall be
19 used, clearly stating the question: "For annexation of (named territory)"
20 or "Against annexation of (named territory)." Voting boundaries shall be
21 drawn to include only those registered electors within the territory pro-
22 posed for annexation. If a majority of those voting in the election vote
23 in favor of annexation, the governing body may adopt an ordinance to
24 effect the annexation. If a majority of those voting in the election do
25 not favor the annexation, the question shall be lost and the annexation
26 shall be denied. No annexation ordinance affecting this territory or any
27 part of it shall be made or proposed for a three (3) year period following
28 the election; provided however, the provisions for annexation pursuant to
29 subsection (3)(b) of this section shall not be affected by the provisions
30 of this subsection (4).
31 (d) Alternatives to annexation. In lieu of annexation, the governing body
32 of a municipality may provide services by entering into contracts with
33 owners of property in the vicinity of the city, provided the recipients
34 pay for such services. No city may require consent to annexation from such
35 property owners as a condition of providing contracted services, or imply
36 or infer a consent to be annexed.
37 (5) Railroad right-of-way property may be annexed when property within
38 the city adjoins both sides of the right-of-way notwithstanding any other pro-
39 vision of this section. Provided, that the city may annex only those areas
40 which can be reasonably assumed to be used for orderly development of the
41 city. Provided further, that said governing body shall not have the power to
42 declare such land, lots or blocks a part of said city if they will be con-
43 nected to such city only by a shoestring or strip of land upon a public high-
44 way.
45 (6) Notwithstanding any other provision of law, no governing body of a
46 municipality shall have authority to annex property owned by a county or any
47 entity within the county which property is used as a fairgrounds area under
48 the provisions of chapter 8, title 31, Idaho Code, or chapter 2, title 22,
49 Idaho Code, without the consent of a majority of the board of county commis-
50 sioners of the county in which said property lies.
51 (7) Notwithstanding any other provision of law, no governing body of a
52 municipality shall have authority to annex property owned by a nongovernmental
53 entity used to provide outdoor recreational activities to the public which has
54 been designated as a planned unit development of fifty (50) acres or more and
55 does not require or utilize any city services, without the express written
4
1 permission of the nongovernmental entity whose property is subject to annex-
2 ation.
3 SECTION 3. That Section 55-2508, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 55-2508. DISCLOSURE FORM. The disclosures required by the provisions of
6 this article pertaining to the property proposed to be transferred are set
7 forth in and shall be made on a copy of the following disclosure form or an
8 alternative form as provided in section 55-2506, Idaho Code:
9 SELLER PROPERTY DISCLOSURE FORM
10 SELLER'S NAME AND ADDRESS: ...................................................
11 Section 55-2501, et seq., Idaho Code, requires Sellers of residential real
12 property to complete a property condition disclosure form.
13 PURPOSE OF STATEMENT: This is a statement of the conditions and informa-
14 tion concerning the property known by the Seller. Unless otherwise advised,
15 the Seller does not possess any expertise in construction, architectural,
16 engineering or any other specific areas related to the construction or condi-
17 tion of the improvements on the property. Other than having lived at or owning
18 the property, the Seller possesses no greater knowledge than that which could
19 be obtained upon a careful inspection of the property by the potential buyer.
20 Unless otherwise advised, the Seller has not conducted any inspection of gen-
21 erally inaccessible areas such as the foundation or roof. It is not a warranty
22 of any kind by the Seller or by any agent representing any Seller in this
23 transaction. It is not a substitute for any inspections. Purchaser is encour-
24 aged to obtain his/her own professional inspections. Notwithstanding that
25 transfer of newly constructed residential real property that previously has
26 not been inhabited is exempt from disclosure pursuant to section 55-2505,
27 Idaho Code, Sellers of such newly constructed residential real property shall
28 disclose information regarding annexation and city services in the form as
29 prescribed in questions 1., and 2. and 3.
30 1. Is the property located in an area of city impact, adjacent or contiguous
31 to a city limits, and thus legally subject to annexation by the city? .... Yes
32 .... No
33 2. Does the property, if not within city limits, receive any city services,
34 thus making it legally subject to annexation by the city? .... Yes .... No
35 3. Does the property have a written consent to annex recorded in the county
36 recorder's office, thus making it legally subject to annexation by the city?
37 .... Yes .... No
38 4. All appliances and service systems included in the sale, (such as
39 refrigerator/freezer, range/oven, dishwasher, disposal, hood/fan, central vac-
40 uum, microwave oven, trash compactor, smoke detectors, tv antenna/dish,
41 fireplace/wood stove, water heater, garage door opener, pool/hot tub, etc.)
42 are functioning properly except: (please list and explain) ...................
43 ..............................................................................
44 54. Specify problems with the following:
45 Basement water ...........................................................
46 Foundation ...............................................................
47 Roof condition and age ...................................................
48 Well (type) ...................... problem ...............................
49 Septic system (type) ............. problem ...............................
50 Plumbing .................................................................
51 Drainage .................................................................
5
1 Electrical ...............................................................
2 Heating ..................................................................
3 65. Describe any conditions that may affect your ability to clear title (such
4 as encroachments, easements, zoning violations, lot line disputes, etc.): ....
5 ..............................................................................
6 76. Are you aware of any hazardous materials or pest infestations on the
7 property? ....................................................................
8 87. Have any substantial additions or alterations been made without a build-
9 ing permit? ..................................................................
10 98. Any other problems, including legal, physical or other not listed above
11 that you know concerning the property: .......................................
12 The Seller certifies that the information herein is true and correct to
13 the best of Seller's knowledge as of the date signed by the Seller. The Seller
14 is familiar with the residential real property and each act performed in mak-
15 ing a disclosure of an item of information is made and performed in good
16 faith.
17 I/we acknowledge receipt of a copy of this statement.
18 Seller: Buyer:
19 ........................ .........................
20 Date: .................. Date: ...................
21 ........................ .........................
22 Date: .................. Date: ...................
STATEMENT OF PURPOSE
RS 16176
This legislation repeals current Section 50-222, I.C. relating to
annexation by cities, and replaces it with language that provides
for annexation of adjacent territory by voluntary annexation, or
annexation by request. Except when consent is obtained from those
to be annexed, a city will give notice of intent to annex, hold a
public hearing, and, if objection specifications are met, conduct
an election in the affected area under certain conditions.
Further, that a city must comply with this section before it can
annex adjacent territory. This legislation will also amend Section
55-2508, I.C. to delete reference to a written consent to annex.
FISCAL NOTE
There is no fiscal impact to the general fund.
Contact
Name: Rep Cliff Bayer
Phone: 332-1000
Rep Mike Moyle
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 779