S1391aa,aaH................................by LOCAL GOVERNMENT AND TAXATION
CITIES - ANNEXATION - Amends, repeals and adds to existing law to provide
procedures for annexation of certain classifications of lands by cities.
02/07 Senate intro - 1st rdg - to printing
02/08 Rpt prt - to Loc Gov
02/14 Rpt out - to 14th Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 28-7-0
AYES -- Andreason, Boatright, Brandt,
Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Goedde,
Hawkins, Hill, Ingram,
Ipsen, Keough, Little, Lodge, Marley,
Noh, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Thorne,
Wheeler, Williams
NAYS -- Branch(Bartlett), Frasure, Geddes,
King-Barrutia, Risch,
Sandy, Sims
Absent and excused -- None
Floor Sponsors - Wheeler & Thorne
Title apvd - to House
02/28 House intro - 1st rdg - to Loc Gov
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/07 To Gen Ord
Rpt out amen - to 1st rdg as amen
03/08 1st rdg - to 2nd rdg as amen
03/11 2nd rdg - to 3rd rdg as amen
03/12 3rd rdg as amen - PASSED - 51-18-1
AYES -- Barraclough, Bell, Bieter, Black,
Block, Boe, Bruneel,
Callister, Campbell, Clark, Crow, Cuddy,
Deal, Ellis, Ellsworth,
Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond,
Henbest, Higgins, Jaquet, Jones, Kellogg,
Kunz, Lake, Loertscher,
Mader, Martinez, Meyer, Montgomery,
Mortensen, Moyle, Pischner,
Pomeroy, Raybould, Ridinger, Robison,
Sellman, Shepherd, Smith(33),
Smith(23), Smylie, Stevenson, Stone,
Trail, Wheeler, Young
NAYS -- Aikele, Barrett, Bedke, Bolz,
Bradford, Collins, Denney,
Harwood, Hornbeck, Kendell, Langford,
McKague, Pearce, Roberts, Sali,
Schaefer, Tilman, Wood
Absent and excused -- Mr. Speaker
Floor Sponsor - Gagner
Title apvd - to Senate
03/13 Senate concurred in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
03/15 3rd rdg as amen - PASSED - 28-2-5
AYES -- Andreason, Boatright, Branch,
Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Goedde,
Hawkins, Hill, Ingram,
Ipsen, Keough, Little, Lodge, Marley,
Richardson, Sandy, Schroeder,
Sorensen, Stegner, Stennett, Thorne,
Wheeler, Williams
NAYS -- Risch, Sims
Absent and excused -- Brandt, Frasure,
Geddes, King-Barrutia, Noh
Floor Sponsors - Wheeler & Thorne
Title apvd - to enrol
03/15 Rpt enrol - Pres signed - Sp signed
03/18 To Governor
03/27 Governor signed
Session Law Chapter
333
Effective: 07/01/02
Bill Text
||||
LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-sixth Legislature
Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1391
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1
AN ACT
2 RELATING TO ANNEXATION BY MUNICIPAL CORPORATIONS;
REPEALING SECTION 50-222,
3 IDAHO CODE; AMENDING
CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A
4 NEW SECTION
50-222, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT, TO PROVIDE
5 GENERAL AUTHORITY,
TO PROVIDE FOR CLASSIFICATIONS OF LAND ANNEXATIONS, TO
6 PROVIDE FOR
EVIDENCE OF CONSENT TO ANNEXATION, TO PROVIDE FOR CERTAIN
7 ANNEXATION PROCEDURES,
TO PROVIDE JUDICIAL REVIEW AND TO PROVIDE
FOR
8 ANNEXATION
OF NONCONTIGUOUS MUNICIPAL AIRFIELDS; REPEALING
SECTION
9 50-222A, IDAHO CODE;
AMENDING SECTION 55-2505, IDAHO CODE, TO PROVIDE AN
10 EXCEPTION
TO THE EXEMPTION FROM DISCLOSURE OF TRANSFERS OF
NEWLY CON-
11 STRUCTED RESIDENTIAL
PROPERTY THAT PREVIOUSLY HAS NOT BEEN INHABITED AND
12 TO MAKE
A TECHNICAL CORRECTION; AMENDING SECTION 55-2508, IDAHO CODE, TO
13 PROVIDE THAT A SELLER'S
DISCLOSURE STATEMENT SHALL INCLUDE THREE QUESTIONS
14 RELATIVE TO NEWLY
CONSTRUCTED RESIDENTIAL REAL PROPERTY THAT PREVIOUSLY
15 HAS NOT BEEN
INHABITED; AND AMENDING SECTION 67-6526, IDAHO CODE, TO PRO-
16 VIDE A DEMAND PROCEDURE
TO FACILITATE COMPLIANCE WITH LAW FOR THOSE COUN-
17 TIES AND
CITIES WHICH HAVE NOT ADOPTED REQUIRED ORDINANCES PROVIDING FOR
18 THE IDENTIFICATION
OF AN AREA OF CITY IMPACT WITHIN THE UNINCORPORATED
19 AREA OF
THE COUNTY OR FOR APPLICATION OF PLANS AND ORDINANCES FOR SUCH
20 AREA OF CITY IMPACT,
TO PROVIDE FOR A REVIEW EVERY TEN YEARS AND TO MAKE
21 TECHNICAL CORRECTIONS.
22 Be It Enacted by the Legislature of the
State of Idaho:
23 SECTION 1.
That Section 50-222, Idaho Code, be, and the same is hereby
24 repealed.
25 SECTION 2.
That Chapter 2, Title 50, Idaho Code, be, and the
same is
26 hereby amended by the addition thereto
of a NEW SECTION, to be known and des-
27 ignated as Section 50-222, Idaho Code, and
to read as follows:
28 50-222. ANNEXATION
BY CITIES. (1) Legislative intent. The legislature
29 hereby declares and determines
that it is the policy of the state of Idaho
30 that cities of the state should be able
to annex lands which are reasonably
31 necessary to assure the
orderly development of Idaho's cities in order to
32 allow efficient and economically viable
provision of tax-supported and fee-
33 supported municipal services,
to enable the orderly development of private
34 lands which benefit from the cost-effective
availability of municipal services
35 in urbanizing areas and to equitably allocate
the costs of public services in
36 management of development on the urban fringe.
37 (2) General
authority. Cities have the authority to annex land into
a
38 city upon compliance with the procedures
required in this section. In any
39 annexation proceeding, all
portions of highways lying wholly or partially
40 within an area to be annexed shall be included
within the area annexed unless
41 expressly agreed between
the annexing city and the governing board of the
42 highway agency providing road maintenance
at the time of annexation. Provided
2
1 further, that said city council shall not
have the power to declare such land,
2 lots or blocks a part of said city if they
will be connected to such city only
3 by a shoestring or strip of land which
comprises a railroad or highway right-
4 of-way.
5 (3) Annexation
classifications. Annexations shall be classified and proc-
6 essed according to the standards
for each respective category set forth
7 herein. The three (3) categories of annexation
are:
8 (a) Category
A: Annexations wherein all private landowners
raise no
9 objection to annexation,
or annexations of any enclaved lands, irrespec-
10 tive of
surface area, which are surrounded on all sides by land within a
11 city or which are
bounded on all sides by lands within a city and by lands
12 for which owner
approval must be given pursuant to subsection (5)(b)(v) of
13 this section, or
which are bounded on all sides by lands within a city and
14 by the boundary
of the city's area of city impact.
15 (b) Category
B: Annexations wherein:
16
(i) The subject lands contain less than two hundred (200)
separate
17
private ownerships and platted lots of record and where not all such
18
landowners have consented to annexation; or
19
(ii) The subject lands contain more than two hundred (200)
separate
20
private ownerships and platted lots of record and where
landowners
21
owning more than fifty percent (50%) of the area of the subject pri-
22
vate lands have evidenced their consent to annexation at the
outset
23
of the annexation process; or
24
(iii) The lands are the subject of a development moratorium
or a
25
water or sewer connection restriction imposed
by state or local
26
health or environmental agencies; provided such lands shall
not be
27
counted for purposes of determining the number of separate
private
28
ownerships and platted lots of record aggregated to determine
the
29
appropriate category.
30 (c) Category
C: Annexations wherein the subject lands contain more than
31 two hundred (200)
separate private ownerships and platted lots of record
32 and where
landowners owning more than fifty percent (50%) of the area of
33 the subject private
lands have not evidenced their consent to annexation
34 at the outset of
the annexation process.
35 (4) Evidence
of consent to annexation. For purposes of this
section,
36 prior consent to annex shall be deemed given
when evidenced by written autho-
37 rization or approval executed
by the owner or the owner's authorized agent.
38 Consent shall be implied for the area of
all lands connected to a water or
39 wastewater collection system
operated by the city and for lands subject to a
40 written consent to annex recorded in the
county recorder's office. Written
41 consent to annex lands, if recorded
in the county recorder's office, shall be
42 binding upon subsequent purchasers, heirs,
or assigns of lands addressed in
43 the consent. Lands need
not be contiguous or adjacent to the city limits at
44 the time the landowner consents to annexation
for the property to be subject
45 to a valid consent to
annex; provided however, no annexation of lands shall
46 occur, irrespective of consent, until such
land becomes contiguous or adjacent
47 to such city.
48 (5) Annexation
procedures. Annexation of lands into a city shall follow
49 the procedures applicable to the category
of lands as established by this sec-
50 tion. The implementation of
any annexation proposal wherein the city council
51 determines that annexation is appropriate
shall be concluded with the passage
52 of an ordinance of annexation.
53 (a) Procedures
for category A annexations: Lands lying contiguous
or
54 adjacent to any
city in the state of Idaho may be annexed by the city if
55 the proposed
annexation meets the requirements of category A. Upon deter-
3
1 mining that a proposed
annexation meets such requirements, a city may ini-
2 tiate the planning
and zoning procedures set forth in chapter 65, title
3 67, Idaho
Code, to establish the comprehensive planning policies, where
4 necessary, and zoning
classification of the lands to be annexed.
5 (b) Procedures
for category B annexations: A city may annex lands that
6 would qualify
under the requirements of category B annexation if the fol-
7 lowing requirements
are met:
8
(i) The lands are contiguous or adjacent to the city and lie
within
9
the city's area of city impact;
10
(ii) The land is laid off into lots or blocks containing
not more
11
than five (5) acres of land each, whether the same shall have been or
12
shall be laid off, subdivided or platted in accordance with any stat-
13
ute of this state or otherwise, or whenever the owner or proprietor
14
or any person by or with his authority has sold or begun to sell
off
15
such contiguous or adjacent lands by metes and bounds in tracts
not
16
exceeding five (5) acres, or whenever the land is surrounded by
the
17
city. Splits of ownership which occurred prior to January
1, 1975,
18
and which were the result of placement of public utilities,
public
19
roads or highways, or railroad lines through the property shall
not
20
be considered as evidence of an intent to develop such land and shall
21
not be sufficient evidence that the land has been laid off or subdi-
22
vided in lots or blocks. A single sale after January 1, 1975, of five
23
(5) acres or less to a family member of the owner for the purpose
of
24
constructing a residence shall not constitute a sale within the mean-
25
ing of this section. For purposes of this section, "family
member"
26
means a natural person or the spouse
of a natural person who is
27
related to the owner by blood, adoption or marriage within the first
28
degree of consanguinity;
29
(iii) Preparation and publication of a written
annexation plan,
30
appropriate to the scale of the annexation
contemplated, which
31
includes, at a minimum, the following elements:
32
(A) The manner of providing tax-supported municipal services to
33
the lands proposed to be annexed;
34
(B) The changes in taxation and other costs, using
examples,
35
which would result if the subject lands were to be annexed;
36
(C) The means of providing fee-supported municipal services, if
37
any, to the lands proposed to be annexed;
38
(D) A brief analysis of the potential effects of
annexation
39
upon other units of local government which currently
provide
40
tax-supported or fee-supported services to the lands proposed to
41
be annexed; and
42
(E) The proposed future land use plan and zoning designation or
43
designations, subject to public hearing, for the lands proposed
44
to be annexed;
45
(iv) Compliance with the notice and hearing procedures
governing a
46
zoning district boundary change as set forth in
section 67-6511,
47
Idaho Code, on the question of whether the property should be annexed
48
and, if annexed, the zoning designation to be applied thereto;
pro-
49
vided however, the initial notice of public hearing concerning
the
50
question of annexation and zoning shall be published in the official
51
newspaper of the city and mailed by first class mail to every
prop-
52
erty owner with lands included in such annexation proposal
not less
53
than twenty-eight (28) days prior to the initial public hearing.
All
54
public hearing notices shall establish a time and procedure by which
55
comments concerning the proposed annexation may be received in writ-
4
1
ing and heard and, additionally, public hearing notices delivered
by
2
mail shall include a one (1) page summary of the contents
of the
3
city's proposed annexation plan and shall provide information regard-
4
ing where the annexation plan may be obtained without charge
by any
5
property owner whose property would be subject to the annexation pro-
6
posal.
7
(v) In addition to the standards set forth elsewhere in
this sec-
8
tion, annexation of the following lands
must meet the following
9
requirements:
10
(A) Property, owned by a county or any
entity within the
11
county, that is used as a fairgrounds area under the provisions
12
of chapter 8, title 31, Idaho Code, or chapter 2,
title 22,
13
Idaho Code, must have the consent of a majority of the board of
14
county commissioners of the county in which the property lies;
15
and
16
(B) Property, owned by a nongovernmental entity, that
is used
17
to provide outdoor recreational activities to the public
and
18
that has been designated as a planned unit development of fifty
19
(50) acres or more and does not require or utilize any city ser-
20
vices must have the express written permission of the nongovern-
21
mental entity owner.
22
(vi) After considering the written and oral comments
of property
23
owners whose land would be annexed and other affected
persons, the
24
city council may proceed with the enactment of an ordinance of annex-
25
ation and zoning. In the course of the consideration
of any such
26
ordinance, the city must make express findings, to be
set forth in
27
the minutes of the city council meeting at which the annexation
is
28
approved, as follows:
29
(A) The land to be annexed meets the applicable requirements of
30
this section and does not fall within the exceptions or condi-
31
tional exceptions contained in this section;
32
(B) The annexation would be consistent with the public purposes
33
addressed in the annexation plan prepared by the city;
34
(C) The annexation is reasonably necessary for
the orderly
35
development of the city;
36
(vii) Notwithstanding any other provision of this section,
railroad
37
right-of-way property may be annexed pursuant to this section
only
38
when property within the city adjoins or will adjoin
both sides of
39
the right-of-way.
40 (c) Procedures
for category C annexations: A city may annex lands that
41 would qualify
under the requirements of category C annexation if the fol-
42 lowing requirements
are met:
43
(i) Compliance with the procedures governing
category B annex-
44
ations; and
45
(ii) Evidence of consent to annexation based upon the following pro-
46
cedures:
47
(A) Following completion of all procedures required for consid-
48
eration of a category B annexation, but prior to enactment of an
49
annexation ordinance and upon an affirmative action by the city
50
council, the city shall mail notice to all private landowners
51
owning lands within the area to be annexed, exclusive
of the
52
owners of lands that receive water or sewer service and owners
53
of lands that are subject to a recorded consent to annex. Such
54
notice shall invite property owners to either give consent
or
55
express opposition to the annexation, include a return-addressed
5
1
postage-paid postcard, and inform the landowners
where the
2
entire record of the subject annexation may be examined.
Such
3
mailed notice shall also include a legal
description of the
4
lands proposed for annexation and a simple map depicting
the
5
location of the subject lands.
6
(B) Each landowner desiring to reply must do so within twenty-
7
one (21) days of the date of the initial mailing of such notice.
8
The required response postmark date shall be stated in the mail-
9
ing that accompanies the reply postcard.
10
(C) The results of the mail poll shall be compiled by the city
11
clerk and shall be determined by tabulating the physical area of
12
the lands, as expressed in acres or square feet, whose
owners
13
consent to annexation in their response, plus the area of
all
14
lands receiving water and sewer service from the city
and the
15
area of all lands subject to a recorded consent to annex against
16
the area of all lands whose owners object to annexation. Objec-
17
tions received after the conclusion of the twenty-one (21)
day
18
period shall not be considered unless the late objection is due
19
to the city's failure to follow the procedures provided herein.
20
Objections received from owners of lands subject to a recorded
21
consent to annex, or from owners receiving water or sewer ser-
22
vice from the city, shall not be considered objections for pur-
23
poses of this section. Lands of landowners to whom
notice is
24
mailed and who do not respond to the consent request shall
not
25
be counted or considered. The clerk shall report the results to
26
the city council.
27
(D) Upon receiving such report, the city council shall canvass
28
the results and may thereafter confirm
whether consent was
29
received from the owners of a majority of
the land areas
30
responding by mail and those providing written consent, in addi-
31
tion to all lands subject to the implied consent provisions set
32
forth herein and those subject to consent of record
in the
33
office of the county recorder. The results of the canvass shall
34
be reflected in the minutes of the city council. If the canvass
35
confirms that owners of more land area support annexation than
36
oppose such annexation, the city council may enact an ordinance
37
of annexation, which thereafter shall be published and
become
38
effective according to the terms of the ordinance. If the can-
39
vass confirms that owners of more land area oppose annexation
40
than support such annexation, the category C annexation
shall
41
not be authorized.
42 (6) The
decision of a city council to annex and zone lands as a category
43 B or category C annexation shall be subject
to judicial review in accordance
44 with the procedures provided in chapter
52, title 67, Idaho Code, and pursuant
45 to the standards set
forth in section 67-5279, Idaho Code. Any such appeal
46 shall be filed by an affected person in
the appropriate district court no
47 later than twenty-eight (28) days
after the date of publication of the annex-
48 ation ordinance. All cases in which there
may arise a question of the validity
49 of any annexation under this section shall
be advanced as a matter of immedi-
50 ate public interest and concern,
and shall be heard by the district court at
51 the earliest practicable time.
52 (7) Annexation
of noncontiguous municipal airfield. A city may annex land
53 that is not contiguous to the city and is
occupied by a municipally owned or
54 operated airport or landing
field. However, a city may not annex any other
55 land adjacent to such
noncontiguous facilities which is not otherwise
6
1 annexable pursuant to this section.
2 SECTION 3.
That Section 50-222A, Idaho Code, be, and the same is hereby
3 repealed.
4 SECTION 4.
That Section 55-2505, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 55-2505. EXEMPTIONS.
The provisions of this chapter do not apply to any
7 transfer of residential real property that
is any of the following:
8 (1) A
transfer pursuant to court order including, but not limited to, a
9 transfer ordered by a probate court during
the administration of a decedent's
10 estate, a transfer pursuant to a writ of
execution, a transfer by a trustee in
11 bankruptcy, a transfer
as a result of the exercise of the power of eminent
12 domain, and a transfer that results from
a decree for specific performance of
13 a contract or other agreement between persons;
14 (2) A
transfer to a mortgagee by a mortgagor by deed in lieu of foreclo-
15 sure or in satisfaction of the mortgage
debt;
16 (3) A transfer
to a beneficiary of a deed of trust by a
trustor in
17 default;
18 (4) A transfer
by a foreclosure sale that follows a default in the satis-
19 faction of an obligation secured by a mortgage;
20 (5) A transfer
by a sale under a power of sale following a default in the
21 satisfaction of an obligation
that is secured by a deed of trust or another
22 instrument containing a power of sale occurring
within one (1) year of fore-
23 closure on the default;
24 (6) A
transfer by a mortgagee, or a beneficiary under a deed of trust,
25 who has acquired the residential real
property at a sale conducted pursuant
26 to a power of sale under a mortgage or a
deed of trust or who has acquired the
27 residential real property by a deed in lieu
of foreclosure;
28 (7) A
transfer by a fiduciary in the course of the administration
of a
29 decedent's estate, a guardianship, a conservatorship,
or a trust;
30 (8) A transfer
from one (1) co-owner to one (1) or more other co-owners;
31 (9) A transfer
made to the transferor's spouse or to one (1) or more per-
32 sons in the lineal line
of consanguinity of one (1) or more
of the
33 transferors;
34 (10) A transfer
between spouses or former spouses as a result of a decree
35 of divorce, dissolution of marriage, annulment,
or legal separation or as a
36 result of a property settlement
agreement incidental to a decree of divorce,
37 dissolution of marriage, annulment, or legal
separation;
38 (11) A transfer
to or from the state, a political subdivision
of the
39 state, or another governmental entity;
40 (12) A transfer
that involved newly constructed residential real property
41 that previously has not been inhabited,
except that disclosure of annexation
42 and city service status
shall be declared by the sellers of such newly con-
43 structed residential real property in accordance
with the provisions of sec-
44 tion 55-2508, Idaho Code;
45 (13) A transfer
to a transferee who has occupied the property as a per-
46 sonal residence for one (1) or more years
immediately prior to the transfer;
47 (14) A transfer
from a transferor who both has not occupied the property
48 as a personal residence within one
(1) year immediately prior to the transfer
49 and has acquired the property through inheritance
or devise;
50 (15) A transfer
by a relocation company to a transferee within one
(1)
51 year from the date that the previous owner
occupied the property.;
52 (16) A transfer
from a decedent's estate.
7
1 SECTION 5.
That Section 55-2508, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 55-2508. DISCLOSURE
FORM. The disclosures required by the provisions of
4 this article pertaining
to the property proposed to be transferred are set
5 forth in and shall be made on a copy of
the following disclosure form or an
6 alternative form as provided in section
55-2506, Idaho Code:
7
SELLER PROPERTY DISCLOSURE FORM
8 SELLER'S NAME AND ADDRESS: ...................................................
9 Section 55-2501,
et seq., Idaho Code, requires Sellers of residential real
10 property to complete a property condition
disclosure form.
11 PURPOSE OF
STATEMENT: This is a statement of the conditions and informa-
12 tion concerning the property known by the
Seller. Unless otherwise advised,
13 the Seller does not
possess any expertise in construction, architectural,
14 engineering or any other specific areas
related to the construction or condi-
15 tion of the improvements on the property.
Other than having lived at or owning
16 the property, the Seller possesses
no greater knowledge than that which could
17 be obtained upon a careful inspection of
the property by the potential buyer.
18 Unless otherwise advised, the Seller
has not conducted any inspection of gen-
19 erally inaccessible areas such as the foundation
or roof. It is not a warranty
20 of any kind by the Seller or by any agent
representing any Seller in this
21 transaction. It is not a substitute
for any inspections. Purchaser is encour-
22 aged to obtain his/her own professional
inspections. Notwithstanding that
23 transfer of newly constructed
residential real property that previously has
24 not been inhabited is exempt from
disclosure pursuant to section 55-2505,
25 Idaho Code, Sellers of such newly
constructed residential real property shall
26 disclose information regarding annexation
and city services in the form as
27 prescribed in questions 1., 2. and 3.
28 1. Is the property located in
an area of city impact, adjacent or contiguous
29 to a city limits, and thus legally subject
to annexation by the city? .... Yes
30 .... No
31 2. Does the property, if not within
city limits, receive any city services,
32 thus making it legally subject to annexation
by the city? .... Yes .... No
33 3. Does the property have
a written consent to annex recorded in the county
34 recorder's office, thus making it legally
subject to annexation by the city?
35 .... Yes .... No
36 4. All appliances and
service systems included in the sale,
(such as
37 refrigerator/freezer, range/oven, dishwasher,
disposal, hood/fan, central vac-
38 uum, microwave oven, trash
compactor, smoke detectors, tv antenna/dish,
39 fireplace/wood stove, water
heater, garage door opener, pool/hot tub, etc.)
40 are functioning properly except: (please
list and explain) ...................
41 ..............................................................................
42 ..............................................................................
43 25. Specify problems with the following:
44 Basement water ...........................................................
45 Foundation ...............................................................
46 Roof condition and
age ...................................................
47 Well (type) ......................
problem ...............................
48 Septic system (type)
............. problem ...............................
49 Plumbing .................................................................
50 Drainage .................................................................
51 Electrical ...............................................................
52 Heating ..................................................................
8
1 36. Describe any conditions that may
affect your ability to clear title (such
2 as encroachments, easements, zoning violations,
lot line disputes, etc.): ....
3 ..............................................................................
4 47. Are you aware of any hazardous
materials or pest infestations on the
5 property? ....................................................................
6 58. Have any substantial additions
or alterations been made without a build-
7 ing permit? ..................................................................
8 69. Any other problems, including
legal, physical or other not listed above
9 that you know concerning the property: .......................................
10 The Seller
certifies that the information herein is true and correct to
11 the best of Seller's knowledge as of the
date signed by the Seller. The Seller
12 is familiar with the residential real property
and each act performed in mak-
13 ing a disclosure of
an item of information is made and performed in good
14 faith.
15 I/we acknowledge
receipt of a copy of this statement.
16 Seller:
Buyer:
17 ........................
.........................
18 Date: ..................
Date: ...................
19 ........................
.........................
20 Date: ..................
Date: ...................
21 SECTION 6.
That Section 67-6526, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 67-6526. AREAS
OF CITY IMPACT -- NEGOTIATION PROCEDURE. (a) The governing
24 board of each county and each city
therein shall adopt by ordinance following
25 the notice and hearing procedures provided
in section 67-6509, Idaho Code, a
26 map identifying an area of city
impact within the unincorporated area of the
27 county. A separate ordinance providing for
application of plans and ordinances
28 for the area of city impact shall be adopted.
Subject to the provisions of
29 section 50-222, Idaho Code, an area
of city impact must be established before
30 a city may annex adjacent territory. This
separate ordinance shall provide for
31 one (1) of the following:
32 (1) Application
of the city plan and ordinances adopted under this chap-
33 ter to the area
of city impact; or
34 (2) Application
of the county plan and ordinances adopted under
this
35 chapter to the area
of city impact; or
36 (3) Application
of any mutually agreed upon plan and ordinances adopted
37 under this chapter
to the area of city impact.
38 Areas of
city impact, together with plan and ordinance requirements, may
39 cross county boundaries by agreement of
the city and county concerned if the
40 city is within three (3) miles of the adjoining
county.
41 (b) If the
requirements of section 67-6526(a), Idaho Code, are not met by
42 January 1, 2000, the
have not been met, either the city or the county may
43 demand compliance with this section by providing
written notice to the other
44 of said demand for
compliance. Once a demand has been made, the city shall
45 select its representative as hereinafter
provided, within thirty (30) days of
46 said demand, and the process set forth
in this subsection shall commence. The
47 county commissioners for the county concerned,
together with three (3) elected
48 city officials designated by the mayor of
the city and confirmed by the coun-
49 cil, shall, within thirty
(30) days after the city officials have been con-
50 firmed by the council, select three (3)
city or county residents. These nine
51 (9) persons shall, by majority vote,
recommend to the city and county govern-
9
1 ing boards an area of city impact together
with plan and ordinance require-
2 ments. The recommendations shall
be submitted to the governing boards within
3 one hundred eighty (180) days after the
selection of the three (3) at-large
4 members at large and shall be acted
upon by the governing boards within sixty
5 (60) days of receipt. If the city or county
fails to enact ordinances provid-
6 ing for an area of city impact,
plan, and ordinance requirements, either the
7 city or county may seek a declaratory judgment
from the district court identi-
8 fying the area of city impact, and plan
and ordinance requirements. In defin-
9 ing an area of city
impact, the following factors shall be considered: (1)
10 trade area; (2) geographic factors; and
(3) areas that can reasonably be
11 expected to be annexed to the city in the
future.
12 (c) If
areas of city impact overlap, the cities involved shall negotiate
13 boundary adjustments to be recommended to
the respective city councils. If the
14 cities cannot reach agreement, the board
of county commissioners shall, upon a
15 request from either city, within thirty
(30) days, recommend adjustments to
16 the areas of city
impact which shall be adopted by ordinance by the cities
17 following the notice and hearing procedures
provided in section 67-6509, Idaho
18 Code. If any city objects to the recommendation
of the board of county commis-
19 sioners, the county shall conduct an election,
subject to the provisions of
20 section 34-106, Idaho
Code, and establish polling places for the purpose of
21 submitting to the qualified electors residing
in the overlapping impact area,
22 the question of which
area of city impact the electors wish to reside. The
23 results of the election shall be conclusive
and binding, and no further pro-
24 ceedings shall be entertained
by the board of county commissioners, and the
25 decision shall not be appealable by either
city involved. The clerk of the
26 board of county commissioners
shall by abstract of the results of the elec-
27 tion, certify that fact, record the same
and transmit copies of the original
28 abstract of the result of the election to
the clerk of the involved cities.
29 (d) Areas
of city impact, plan, and ordinance requirements shall remain
30 fixed until both governing boards agree
to renegotiate. In the event the city
31 and county cannot agree, the judicial review
process of subsection (b) of this
32 section shall apply. Renegotiations
shall begin within thirty (30) days after
33 written request by the city or county and
shall follow the procedures for
34 original negotiation provided in this section.
35 (e) Prior
to negotiation or renegotiation of areas of city impact, plan,
36 and ordinance requirements, the governing
boards shall submit the questions to
37 the planning, zoning, or planning and zoning
commission for recommendation.
38 Each commission shall have a
reasonable time fixed by the governing board to
39 make its recommendations to the governing
board. The governing boards shall
40 undertake a review at least
every ten (10) years of the city impact plan and
41 ordinance requirements to determine whether
renegotiations are in the best
42 interests of the citizenry.
43 (f) This
section shall not preclude growth and development in areas
of
44 any county within the state of Idaho which
are not within the areas of city
45 impact provided for herein.
46 (g) If
the area of impact has been delimited pursuant to the provisions
47 of subsection (a) (1) of this section, persons
living within the delimited
48 area of impact shall be entitled to representation
on the planning, zoning, or
49 the planning and zoning commission of the
city of impact. Such representation
50 shall as nearly as possible reflect the
proportion of population living within
51 the city as opposed to
the population living within the areas of impact for
52 that city. To achieve such proportional
representation, membership of the
53 planning, zoning or planning
and zoning commission, may exceed twelve (12)
54 persons, notwithstanding the provisions
of subsection (a) of section 67-6504,
55 Idaho Code. In instances where a city has
combined either or both of its plan-
10
1 ning and zoning functions
with the county, representation on the resulting
2 joint planning, zoning or planning and zoning
commission shall as nearly as
3 possible reflect the proportion of population
living within the impacted city,
4 the area of city
impact outside the city, and the remaining unincorporated
5 area of the county. Membership on
such a joint planning, zoning or planning
6 and zoning commission may exceed twelve
(12) persons, notwithstanding the pro-
7 visions of subsection (a) of section 67-6504,
Idaho Code.
Amendment
||||
LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-sixth Legislature
Second Regular Session - 2002
Moved by Wheeler
Seconded by Bunderson
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1391
1
AMENDMENTS TO SECTION 2
2 On page 2 of
the printed bill, in line 9, following
"any" insert:
3 "nonagricultural"; also in line 9, following
"lands" insert: "of less than one
4 hundred (100) privately-owned parcels";
in line 16, delete "two hundred (200)"
5 and insert: "one hundred
(100)"; in line 19, delete "two hundred (200)" and
6 insert: "one hundred (100)"; in line
31, delete "two hundred (200)" and
7 insert: "one hundred (100)";
on page 4, in line 54, following "give" insert:
8 "written"; in line 55, following "express"
insert: "written"; also in line 55,
9 delete "return-addressed"; on
page 5, in line 1, delete "postage-paid
10 postcard" and insert: "description of how
that consent or opposition can be
11 made and where it can be filed";
in line 6, delete "reply must do so within"
12 and insert: "consent to or oppose the proposed
annexation must submit the con-
13 sent or opposition, in writing, to the city
clerk by a date specified in the
14 notice, which date shall not be sooner
than"; in line 7, delete "days of" and
15 insert: "days after"; also in line 7, delete
"initial"; delete lines 8 through
16 16, and insert:
17
"(C) After the date specified in the notice for
receipt of
18
written consent or opposition, the city clerk shall compile and
19
present to the city council a report setting forth:
(i) the
20
total physical area sought to be annexed, and (ii)
the total
21
physical area of the lands, as expressed in acres
or square
22
feet, whose owners have consented in writing to the annexation,
23
plus the area of all lands receiving water or sewer service from
24
the city and the area of all lands subject to a recorded consent
25
to annex. Objec-";
26 in line 23, delete "Lands of landowners
to whom notice is"; delete line 24; in
27 line 25, delete "be counted or considered.";
in line 27, delete "canvass" and
28 insert: "review"; in line 30, delete
"responding by mail"; in line 33, delete
29 "canvass" and insert: "report"; in
line 34, delete "canvass" and insert:
30 "report as accepted by
the city council"; in line 35, delete "support" and
31 insert: "have consented to"; in line 38,
delete "can-"; in line 39, delete
32 "vass" and insert: "report";
and in line 40, delete "support" and insert:
33 "consent to".
Moved by Gagner
Seconded by Clark
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1391, As Amended
34
AMENDMENT TO SECTION 2
35 On page 2 of the
engrossed bill, in line 9, delete "nonagricultural" and
36 insert: "residential".
Engrossed Bill (Original Bill with Amendment(s) Incorporated)
||||
LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-sixth Legislature
Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1391, As Amended, As Amended in the House
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1
AN ACT
2 RELATING TO ANNEXATION BY MUNICIPAL CORPORATIONS;
REPEALING SECTION 50-222,
3 IDAHO CODE; AMENDING
CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A
4 NEW SECTION
50-222, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT, TO PROVIDE
5 GENERAL AUTHORITY,
TO PROVIDE FOR CLASSIFICATIONS OF LAND ANNEXATIONS, TO
6 PROVIDE FOR
EVIDENCE OF CONSENT TO ANNEXATION, TO PROVIDE FOR CERTAIN
7 ANNEXATION PROCEDURES,
TO PROVIDE JUDICIAL REVIEW AND TO PROVIDE
FOR
8 ANNEXATION
OF NONCONTIGUOUS MUNICIPAL AIRFIELDS; REPEALING
SECTION
9 50-222A, IDAHO CODE;
AMENDING SECTION 55-2505, IDAHO CODE, TO PROVIDE AN
10 EXCEPTION
TO THE EXEMPTION FROM DISCLOSURE OF TRANSFERS OF
NEWLY CON-
11 STRUCTED RESIDENTIAL
PROPERTY THAT PREVIOUSLY HAS NOT BEEN INHABITED AND
12 TO MAKE
A TECHNICAL CORRECTION; AMENDING SECTION 55-2508, IDAHO CODE, TO
13 PROVIDE THAT A SELLER'S
DISCLOSURE STATEMENT SHALL INCLUDE THREE QUESTIONS
14 RELATIVE TO NEWLY
CONSTRUCTED RESIDENTIAL REAL PROPERTY THAT PREVIOUSLY
15 HAS NOT BEEN
INHABITED; AND AMENDING SECTION 67-6526, IDAHO CODE, TO PRO-
16 VIDE A DEMAND PROCEDURE
TO FACILITATE COMPLIANCE WITH LAW FOR THOSE COUN-
17 TIES AND
CITIES WHICH HAVE NOT ADOPTED REQUIRED ORDINANCES PROVIDING FOR
18 THE IDENTIFICATION
OF AN AREA OF CITY IMPACT WITHIN THE UNINCORPORATED
19 AREA OF
THE COUNTY OR FOR APPLICATION OF PLANS AND ORDINANCES FOR SUCH
20 AREA OF CITY IMPACT,
TO PROVIDE FOR A REVIEW EVERY TEN YEARS AND TO MAKE
21 TECHNICAL CORRECTIONS.
22 Be It Enacted by the Legislature of the
State of Idaho:
23 SECTION 1.
That Section 50-222, Idaho Code, be, and the same is hereby
24 repealed.
25 SECTION 2.
That Chapter 2, Title 50, Idaho Code, be, and the
same is
26 hereby amended by the addition thereto
of a NEW SECTION, to be known and des-
27 ignated as Section 50-222, Idaho Code, and
to read as follows:
28 50-222. ANNEXATION
BY CITIES. (1) Legislative intent. The legislature
29 hereby declares and determines
that it is the policy of the state of Idaho
30 that cities of the state should be able
to annex lands which are reasonably
31 necessary to assure the
orderly development of Idaho's cities in order to
32 allow efficient and economically viable
provision of tax-supported and fee-
33 supported municipal services,
to enable the orderly development of private
34 lands which benefit from the cost-effective
availability of municipal services
35 in urbanizing areas and to equitably allocate
the costs of public services in
36 management of development on the urban fringe.
37 (2) General
authority. Cities have the authority to annex land into
a
38 city upon compliance with the procedures
required in this section. In any
39 annexation proceeding, all
portions of highways lying wholly or partially
40 within an area to be annexed shall be included
within the area annexed unless
41 expressly agreed between
the annexing city and the governing board of the
42 highway agency providing road maintenance
at the time of annexation. Provided
2
1 further, that said city council shall not
have the power to declare such land,
2 lots or blocks a part of said city if they
will be connected to such city only
3 by a shoestring or strip of land which
comprises a railroad or highway right-
4 of-way.
5 (3) Annexation
classifications. Annexations shall be classified and proc-
6 essed according to the standards
for each respective category set forth
7 herein. The three (3) categories of annexation
are:
8 (a) Category
A: Annexations wherein all private landowners
raise no
9 objection to annexation,
or annexations of any residential enclaved lands
10 of less
that one hundred (100) privately-owned parcels, irrespective of
11 surface area, which
are surrounded on all sides by land within a city or
12 which are
bounded on all sides by lands within a city and by lands for
13 which owner approval
must be given pursuant to subsection (5)(b)(v)
of
14 this section, or
which are bounded on all sides by lands within a city and
15 by the boundary
of the city's area of city impact.
16 (b) Category
B: Annexations wherein:
17
(i) The subject lands contain less than one hundred (100)
separate
18
private ownerships and platted lots of record and where not all such
19
landowners have consented to annexation; or
20
(ii) The subject lands contain more than one hundred (100)
separate
21
private ownerships and platted lots of record and where
landowners
22
owning more than fifty percent (50%) of the area of the subject pri-
23
vate lands have evidenced their consent to annexation at the
outset
24
of the annexation process; or
25
(iii) The lands are the subject of a development
moratorium or a
26
water or sewer connection restriction imposed by
state or local
27
health or environmental agencies; provided such lands
shall not be
28
counted for purposes of determining the number of separate
private
29
ownerships and platted lots of record aggregated
to determine the
30
appropriate category.
31 (c) Category
C: Annexations wherein the subject lands contain more than
32 one hundred
(100) separate private ownerships and platted lots of record
33 and where landowners
owning more than fifty percent (50%) of the area of
34 the subject
private lands have not evidenced their consent to annexation
35 at the outset of
the annexation process.
36 (4) Evidence
of consent to annexation. For purposes of this
section,
37 prior consent to annex shall be deemed
given when evidenced by written autho-
38 rization or approval executed by the owner
or the owner's authorized agent.
39 Consent shall be implied
for the area of all lands connected to a water or
40 wastewater collection system operated by
the city and for lands subject to a
41 written consent to annex
recorded in the county recorder's office. Written
42 consent to annex lands, if recorded in the
county recorder's office, shall be
43 binding upon subsequent
purchasers, heirs, or assigns of lands addressed in
44 the consent. Lands need not be contiguous
or adjacent to the city limits at
45 the time the landowner consents
to annexation for the property to be subject
46 to a valid consent to annex; provided however,
no annexation of lands shall
47 occur, irrespective of consent, until such
land becomes contiguous or adjacent
48 to such city.
49 (5) Annexation
procedures. Annexation of lands into a city shall follow
50 the procedures applicable to the category
of lands as established by this sec-
51 tion. The implementation of any annexation
proposal wherein the city council
52 determines that annexation is appropriate
shall be concluded with the passage
53 of an ordinance of annexation.
54 (a) Procedures
for category A annexations: Lands lying contiguous
or
55 adjacent to
any city in the state of Idaho may be annexed by the city if
3
1 the proposed annexation
meets the requirements of category A. Upon deter-
2 mining that a proposed
annexation meets such requirements, a city may ini-
3 tiate the
planning and zoning procedures set forth in chapter 65, title
4 67, Idaho Code,
to establish the comprehensive planning policies, where
5 necessary, and zoning
classification of the lands to be annexed.
6 (b) Procedures
for category B annexations: A city may annex lands that
7 would qualify under
the requirements of category B annexation if the fol-
8 lowing requirements
are met:
9
(i) The lands are contiguous or adjacent to the city and lie
within
10
the city's area of city impact;
11
(ii) The land is laid off into lots or blocks containing
not more
12
than five (5) acres of land each, whether the same shall have been or
13
shall be laid off, subdivided or platted in accordance with any stat-
14
ute of this state or otherwise, or whenever the owner or proprietor
15
or any person by or with his authority has sold or begun to sell
off
16
such contiguous or adjacent lands by metes and bounds in tracts
not
17
exceeding five (5) acres, or whenever the land is surrounded
by the
18
city. Splits of ownership which occurred prior to January 1,
1975,
19
and which were the result of placement of public utilities,
public
20
roads or highways, or railroad lines through the property shall
not
21
be considered as evidence of an intent to develop such land and shall
22
not be sufficient evidence that the land has been laid off or subdi-
23
vided in lots or blocks. A single sale after January 1, 1975, of five
24
(5) acres or less to a family member of the owner for the purpose
of
25
constructing a residence shall not constitute a sale within the mean-
26
ing of this section. For purposes of this section, "family
member"
27
means a natural person or the spouse of a natural
person who is
28
related to the owner by blood, adoption or marriage within the first
29
degree of consanguinity;
30
(iii) Preparation and publication of a written
annexation plan,
31
appropriate to the scale of the annexation
contemplated, which
32
includes, at a minimum, the following elements:
33
(A) The manner of providing tax-supported municipal services to
34
the lands proposed to be annexed;
35
(B) The changes in taxation and other costs, using
examples,
36
which would result if the subject lands were to be annexed;
37
(C) The means of providing fee-supported municipal services, if
38
any, to the lands proposed to be annexed;
39
(D) A brief analysis of the potential effects
of annexation
40
upon other units of local government which currently
provide
41
tax-supported or fee-supported services to the lands proposed to
42
be annexed; and
43
(E) The proposed future land use plan and zoning designation or
44
designations, subject to public hearing, for the lands proposed
45
to be annexed;
46
(iv) Compliance with the notice and hearing procedures governing
a
47
zoning district boundary change as set forth
in section 67-6511,
48
Idaho Code, on the question of whether the property should be annexed
49
and, if annexed, the zoning designation to be applied thereto;
pro-
50
vided however, the initial notice of public hearing concerning
the
51
question of annexation and zoning shall be published in the official
52
newspaper of the city and mailed by first class mail to every
prop-
53
erty owner with lands included in such annexation proposal not
less
54
than twenty-eight (28) days prior to the initial public hearing.
All
55
public hearing notices shall establish a time and procedure by which
4
1
comments concerning the proposed annexation may be received in writ-
2
ing and heard and, additionally, public hearing notices delivered
by
3
mail shall include a one (1) page summary
of the contents of the
4
city's proposed annexation plan and shall provide information regard-
5
ing where the annexation plan may be obtained without charge by
any
6
property owner whose property would be subject to the annexation pro-
7
posal.
8
(v) In addition to the standards set forth elsewhere
in this sec-
9
tion, annexation of the following lands must meet
the following
10
requirements:
11
(A) Property, owned by a county or
any entity within the
12
county, that is used as a fairgrounds area under the provisions
13
of chapter 8, title 31, Idaho Code, or chapter
2, title 22,
14
Idaho Code, must have the consent of a majority of the board of
15
county commissioners of the county in which the property lies;
16
and
17
(B) Property, owned by a nongovernmental entity, that is
used
18
to provide outdoor recreational activities to the
public and
19
that has been designated as a planned unit development of fifty
20
(50) acres or more and does not require or utilize any city ser-
21
vices must have the express written permission of the nongovern-
22
mental entity owner.
23
(vi) After considering the written and oral
comments of property
24
owners whose land would be annexed and other affected persons,
the
25
city council may proceed with the enactment of an ordinance of annex-
26
ation and zoning. In the course of the consideration
of any such
27
ordinance, the city must make express findings, to be set forth
in
28
the minutes of the city council meeting at which the
annexation is
29
approved, as follows:
30
(A) The land to be annexed meets the applicable requirements of
31
this section and does not fall within the exceptions or condi-
32
tional exceptions contained in this section;
33
(B) The annexation would be consistent with the public purposes
34
addressed in the annexation plan prepared by the city;
35
(C) The annexation is reasonably necessary
for the orderly
36
development of the city;
37
(vii) Notwithstanding any other provision of this section,
railroad
38
right-of-way property may be annexed pursuant to this
section only
39
when property within the city adjoins or will adjoin both sides
of
40
the right-of-way.
41 (c) Procedures
for category C annexations: A city may annex lands that
42 would qualify under
the requirements of category C annexation if the fol-
43 lowing requirements
are met:
44
(i) Compliance with the procedures
governing category B annex-
45
ations; and
46
(ii) Evidence of consent to annexation based upon the following pro-
47
cedures:
48
(A) Following completion of all procedures required for consid-
49
eration of a category B annexation, but prior to enactment of an
50
annexation ordinance and upon an affirmative action by the city
51
council, the city shall mail notice to all private landowners
52
owning lands within the area to be annexed, exclusive
of the
53
owners of lands that receive water or sewer service and owners
54
of lands that are subject to a recorded consent to annex. Such
55
notice shall invite property owners to either give written con-
5
1
sent or express written opposition to the annexation, include a
2
description of how that consent or opposition can be
made and
3
where it can be filed, and inform the landowners
where the
4
entire record of the subject annexation may be examined.
Such
5
mailed notice shall also include a legal description
of the
6
lands proposed for annexation and a simple map
depicting the
7
location of the subject lands.
8
(B) Each landowner desiring to consent to or oppose the
pro-
9
posed annexation must submit the consent or opposition, in writ-
10
ing, to the city clerk by a date specified in the notice, which
11
date shall not be sooner than twenty-one (21) days after
the
12
date of the mailing of such notice.
13
(C) After the date specified in the notice for receipt of writ-
14
ten consent or opposition, the city clerk
shall compile and
15
present to the city council a report setting forth:
(i) the
16
total physical area sought to be annexed, and (ii)
the total
17
physical area of the lands, as expressed in acres
or square
18
feet, whose owners have consented in writing to the annexation,
19
plus the area of all lands receiving water or sewer service from
20
the city and the area of all lands subject to a recorded consent
21
to annex. Objections received after the conclusion
of the
22
twenty-one (21) day period shall not be considered unless
the
23
late objection is due to the city's failure to follow the proce-
24
dures provided herein. Objections received from owners of lands
25
subject to a recorded consent to annex, or from owners receiving
26
water or sewer service from the city, shall not be considered
27
objections for purposes of this section. The clerk shall report
28
the results to the city council.
29
(D) Upon receiving such report, the city council shall
review
30
the results and may thereafter confirm whether
consent was
31
received from the owners of a majority of the land
areas and
32
those providing written consent, in addition to all lands sub-
33
ject to the implied consent provisions set
forth herein and
34
those subject to consent of record in the office of the county
35
recorder. The results of the report shall be reflected
in the
36
minutes of the city council. If the report as accepted by
the
37
city council confirms that owners of more land area have
con-
38
sented to annexation than oppose such annexation, the city coun-
39
cil may enact an ordinance of annexation, which thereafter shall
40
be published and become effective according to the terms of the
41
ordinance. If the report confirms that owners of more land area
42
oppose annexation than consent to such annexation, the category
43
C annexation shall not be authorized.
44 (6) The
decision of a city council to annex and zone lands as a category
45 B or category C annexation shall be subject
to judicial review in accordance
46 with the procedures provided in chapter
52, title 67, Idaho Code, and pursuant
47 to the standards set
forth in section 67-5279, Idaho Code. Any such appeal
48 shall be filed by an affected person in
the appropriate district court no
49 later than twenty-eight (28) days
after the date of publication of the annex-
50 ation ordinance. All cases in which there
may arise a question of the validity
51 of any annexation under this section shall
be advanced as a matter of immedi-
52 ate public interest and concern,
and shall be heard by the district court at
53 the earliest practicable time.
54 (7) Annexation
of noncontiguous municipal airfield. A city may annex land
55 that is not contiguous to the city and is
occupied by a municipally owned or
6
1 operated airport or landing
field. However, a city may not annex any other
2 land adjacent to such
noncontiguous facilities which is not otherwise
3 annexable pursuant to this section.
4 SECTION 3.
That Section 50-222A, Idaho Code, be, and the same is hereby
5 repealed.
6 SECTION 4.
That Section 55-2505, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 55-2505. EXEMPTIONS.
The provisions of this chapter do not apply to any
9 transfer of residential real property that
is any of the following:
10 (1) A
transfer pursuant to court order including, but not limited to, a
11 transfer ordered by a probate court during
the administration of a decedent's
12 estate, a transfer pursuant to a writ of
execution, a transfer by a trustee in
13 bankruptcy, a transfer
as a result of the exercise of the power of eminent
14 domain, and a transfer that results from
a decree for specific performance of
15 a contract or other agreement between persons;
16 (2) A
transfer to a mortgagee by a mortgagor by deed in lieu of foreclo-
17 sure or in satisfaction of the mortgage
debt;
18 (3) A transfer
to a beneficiary of a deed of trust by a
trustor in
19 default;
20 (4) A transfer
by a foreclosure sale that follows a default in the satis-
21 faction of an obligation secured by a mortgage;
22 (5) A transfer
by a sale under a power of sale following a default in the
23 satisfaction of an obligation
that is secured by a deed of trust or another
24 instrument containing a power of sale occurring
within one (1) year of fore-
25 closure on the default;
26 (6) A
transfer by a mortgagee, or a beneficiary under a deed of trust,
27 who has acquired the residential real
property at a sale conducted pursuant
28 to a power of sale under a mortgage or a
deed of trust or who has acquired the
29 residential real property by a deed in lieu
of foreclosure;
30 (7) A
transfer by a fiduciary in the course of the administration
of a
31 decedent's estate, a guardianship, a conservatorship,
or a trust;
32 (8) A transfer
from one (1) co-owner to one (1) or more other co-owners;
33 (9) A transfer
made to the transferor's spouse or to one (1) or more per-
34 sons in the lineal line
of consanguinity of one (1) or more
of the
35 transferors;
36 (10) A transfer
between spouses or former spouses as a result of a decree
37 of divorce, dissolution of marriage, annulment,
or legal separation or as a
38 result of a property settlement
agreement incidental to a decree of divorce,
39 dissolution of marriage, annulment, or legal
separation;
40 (11) A transfer
to or from the state, a political subdivision
of the
41 state, or another governmental entity;
42 (12) A transfer
that involved newly constructed residential real property
43 that previously has not been inhabited,
except that disclosure of annexation
44 and city service status
shall be declared by the sellers of such newly con-
45 structed residential real property in accordance
with the provisions of sec-
46 tion 55-2508, Idaho Code;
47 (13) A transfer
to a transferee who has occupied the property as a per-
48 sonal residence for one (1) or more years
immediately prior to the transfer;
49 (14) A transfer
from a transferor who both has not occupied the property
50 as a personal residence within one
(1) year immediately prior to the transfer
51 and has acquired the property through inheritance
or devise;
52 (15) A transfer
by a relocation company to a transferee within one
(1)
7
1 year from the date that the previous owner
occupied the property.;
2 (16) A transfer
from a decedent's estate.
3 SECTION 5.
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., 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 ..............................................................................
45 25. Specify problems with the following:
46 Basement water ...........................................................
47 Foundation ...............................................................
48 Roof condition and
age ...................................................
49 Well (type) ......................
problem ...............................
50 Septic system (type)
............. problem ...............................
51 Plumbing .................................................................
8
1 Drainage .................................................................
2 Electrical ...............................................................
3 Heating ..................................................................
4 36. Describe any conditions that may
affect your ability to clear title (such
5 as encroachments, easements, zoning violations,
lot line disputes, etc.): ....
6 ..............................................................................
7 47. Are you aware of any hazardous
materials or pest infestations on the
8 property? ....................................................................
9 58. Have any substantial additions
or alterations been made without a build-
10 ing permit? ..................................................................
11 69. Any other problems, including
legal, physical or other not listed above
12 that you know concerning the property: .......................................
13 The Seller
certifies that the information herein is true and correct to
14 the best of Seller's knowledge as of the
date signed by the Seller. The Seller
15 is familiar with the residential real property
and each act performed in mak-
16 ing a disclosure of
an item of information is made and performed in good
17 faith.
18 I/we acknowledge
receipt of a copy of this statement.
19 Seller:
Buyer:
20 ........................
.........................
21 Date: ..................
Date: ...................
22 ........................
.........................
23 Date: ..................
Date: ...................
24 SECTION 6.
That Section 67-6526, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 67-6526. AREAS
OF CITY IMPACT -- NEGOTIATION PROCEDURE. (a) The governing
27 board of each county and each city
therein shall adopt by ordinance following
28 the notice and hearing procedures provided
in section 67-6509, Idaho Code, a
29 map identifying an area of city
impact within the unincorporated area of the
30 county. A separate ordinance providing for
application of plans and ordinances
31 for the area of city impact shall be adopted.
Subject to the provisions of
32 section 50-222, Idaho Code, an area
of city impact must be established before
33 a city may annex adjacent territory. This
separate ordinance shall provide for
34 one (1) of the following:
35 (1) Application
of the city plan and ordinances adopted under this chap-
36 ter to the area
of city impact; or
37 (2) Application
of the county plan and ordinances adopted under
this
38 chapter to the area
of city impact; or
39 (3) Application
of any mutually agreed upon plan and ordinances adopted
40 under this chapter
to the area of city impact.
41 Areas of
city impact, together with plan and ordinance requirements, may
42 cross county boundaries by agreement of
the city and county concerned if the
43 city is within three (3) miles of the adjoining
county.
44 (b) If the
requirements of section 67-6526(a), Idaho Code, are not met by
45 January 1, 2000, the
have not been met, either the city or the county may
46 demand compliance with this section by providing
written notice to the other
47 of said demand for
compliance. Once a demand has been made, the city shall
48 select its representative as hereinafter
provided, within thirty (30) days of
49 said demand, and the process set forth
in this subsection shall commence. The
50 county commissioners for the county concerned,
together with three (3) elected
51 city officials designated by the mayor of
the city and confirmed by the coun-
9
1 cil, shall, within thirty
(30) days after the city officials have been con-
2 firmed by the council, select three (3)
city or county residents. These nine
3 (9) persons shall, by majority vote,
recommend to the city and county govern-
4 ing boards an area of city impact together
with plan and ordinance require-
5 ments. The recommendations shall
be submitted to the governing boards within
6 one hundred eighty (180) days after the
selection of the three (3) at-large
7 members at large and shall be acted
upon by the governing boards within sixty
8 (60) days of receipt. If the city or county
fails to enact ordinances provid-
9 ing for an area of city impact,
plan, and ordinance requirements, either the
10 city or county may seek a declaratory judgment
from the district court identi-
11 fying the area of city impact, and plan
and ordinance requirements. In defin-
12 ing an area of city
impact, the following factors shall be considered: (1)
13 trade area; (2) geographic factors; and
(3) areas that can reasonably be
14 expected to be annexed to the city in the
future.
15 (c) If
areas of city impact overlap, the cities involved shall negotiate
16 boundary adjustments to be recommended to
the respective city councils. If the
17 cities cannot reach agreement, the board
of county commissioners shall, upon a
18 request from either city, within thirty
(30) days, recommend adjustments to
19 the areas of city
impact which shall be adopted by ordinance by the cities
20 following the notice and hearing procedures
provided in section 67-6509, Idaho
21 Code. If any city objects to the recommendation
of the board of county commis-
22 sioners, the county shall conduct an election,
subject to the provisions of
23 section 34-106, Idaho
Code, and establish polling places for the purpose of
24 submitting to the qualified electors residing
in the overlapping impact area,
25 the question of which
area of city impact the electors wish to reside. The
26 results of the election shall be conclusive
and binding, and no further pro-
27 ceedings shall be entertained
by the board of county commissioners, and the
28 decision shall not be appealable by either
city involved. The clerk of the
29 board of county commissioners
shall by abstract of the results of the elec-
30 tion, certify that fact, record the same
and transmit copies of the original
31 abstract of the result of the election to
the clerk of the involved cities.
32 (d) Areas
of city impact, plan, and ordinance requirements shall remain
33 fixed until both governing boards agree
to renegotiate. In the event the city
34 and county cannot agree, the judicial review
process of subsection (b) of this
35 section shall apply. Renegotiations
shall begin within thirty (30) days after
36 written request by the city or county and
shall follow the procedures for
37 original negotiation provided in this section.
38 (e) Prior
to negotiation or renegotiation of areas of city impact, plan,
39 and ordinance requirements, the governing
boards shall submit the questions to
40 the planning, zoning, or planning and zoning
commission for recommendation.
41 Each commission shall have a
reasonable time fixed by the governing board to
42 make its recommendations to the governing
board. The governing boards shall
43 undertake a review at least
every ten (10) years of the city impact plan and
44 ordinance requirements to determine whether
renegotiations are in the best
45 interests of the citizenry.
46 (f) This
section shall not preclude growth and development in areas
of
47 any county within the state of Idaho which
are not within the areas of city
48 impact provided for herein.
49 (g) If
the area of impact has been delimited pursuant to the provisions
50 of subsection (a) (1) of this section, persons
living within the delimited
51 area of impact shall be entitled to representation
on the planning, zoning, or
52 the planning and zoning commission of the
city of impact. Such representation
53 shall as nearly as possible reflect the
proportion of population living within
54 the city as opposed to
the population living within the areas of impact for
55 that city. To achieve such proportional
representation, membership of the
10
1 planning, zoning or planning
and zoning commission, may exceed twelve (12)
2 persons, notwithstanding the provisions
of subsection (a) of section 67-6504,
3 Idaho Code. In instances where a city has
combined either or both of its plan-
4 ning and zoning functions
with the county, representation on the resulting
5 joint planning, zoning or planning and zoning
commission shall as nearly as
6 possible reflect the proportion of population
living within the impacted city,
7 the area of city
impact outside the city, and the remaining unincorporated
8 area of the county. Membership on
such a joint planning, zoning or planning
9 and zoning commission may exceed twelve
(12) persons, notwithstanding the pro-
10 visions of subsection (a) of section 67-6504,
Idaho Code.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS# 11979
This legislation is intended to provide affected citizens with far
more information concerning any annexation proposal, to accord
citizens a meaningful opportunity to be heard regarding annexation
and zoning decisions, to allow landowners an opportunity to consent
to or oppose significant annexations and to establish standards and
procedural requirements that clearly define the obligations of cities
as they consider annexation of developing lands.
Annexations would be categorized based upon their complexity and
extent. Unless all owners consent or unless a parcel is surrounded
by a city, cities would be required to develop annexation plans and
make the contents of those plans readily available to the interested
public.
A public hearing would have to be held regarding annexation (not
just zoning) with extended notice requirements (twenty-eight days).
Notice must be provided by publication and first class mail to all
affected property owners. Annexation decisions would be required to
address public policy considerations set forth in the statutes, with
specific findings that the statutes have been satisfied.
After extensive opportunities to review plans and participate in
hearings, landowners in significant annexations (200 parcels or lots
based on the assessor’s records - Category C) will be polled to
determine their support for or opposition to annexation. Owners
of lands subject to recorded consent to annex or receiving water
or sewer service from the city will be deemed to consent. In such
circumstances, a city may not annex unless a majority of the
responding land area supports annexation.
Opportunity for independent judicial review would be provided to
determine that statutory procedures have been followed and that
statutory standards have been met.
Refinements in drafting would recognize the annexation statutes to
make them more understandable, with readers less prone to becoming
lost in the current confusing verbiage.
The area of city impact statute would be modified to require cities
to name their designated representatives on dispute resolution
committees within thirty (30) days after the date that county
commissioners elect to pursue that approach.
The standardized property seller disclosure form (Idaho Code §552508)
would be modified to require disclosure of area of city impact
status, disclosure of agreements which consent to annexation and
annexation potential to purchasers.
The city and county governing boards will be required to undertake
a review at least every ten (10) years of the city impact plan and
ordinance requirements.
FISCAL IMPACT
Cities will have additional costs for preparing annexation plans,
mailing of notices, polling property owners where necessary and
publication of additional notices. The amounts will vary depending
upon the number of annexations and the number of residents to be
notified. There will be no fiscal impact to the state of Idaho.
CONTACT
Name: Representative Lee Gagner
Phone: 332-1000
Name: Senator Moon Wheeler
Phone: 332-1409
Name: Senator Jerry Thorne
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
WHAT THE "PEOPLE"
WANTED
H0670......................................................by STATE
AFFAIRS
CITIES - ANNEXATION - Amends and adds to existing law to require a
city to
give notice of intent to annex, hold a public hearing and hold an election
in the affected area if certain events occur.
02/22 House intro - 1st rdg - to printing
02/25 Rpt prt - to Loc Gov
Bill Text
||||
LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-sixth Legislature
Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 670
BY STATE AFFAIRS 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, HOLD A
5 PUBLIC HEARING AND
HOLD AN ELECTION IN THE AFFECTED AREA IF CERTAIN EVENTS
6 OCCUR; AMENDING
SECTION 50-222, IDAHO CODE, TO REQUIRE THAT A CITY MUST
7 COMPLY WITH THE
REQUIREMENTS OF SECTION 50-221A, IDAHO CODE, BEFORE IT CAN
8 ANNEX ADJACENT
TERRITORY; DECLARING AN EMERGENCY AND PROVIDING APPLICA-
9 TION.
10 Be It Enacted by the Legislature of the
State of Idaho:
11 SECTION 1.
That Chapter 2, Title 50, Idaho Code, be, and the
same is
12 hereby amended by the addition thereto
of a NEW SECTION, to be known and des-
13 ignated as Section 50-221A, Idaho Code,
and to read as follows:
14 50-221A. NOTICE
OF INTENT TO ANNEX -- ELECTION. (1) Before annexing adja-
15 cent territory, a city shall pass an ordinance
declaring its intent to do so.
16 The ordinance shall be adopted in compliance
with all state and local laws and
17 rules governing the adoption of an
ordinance. After passing said ordinance of
18 a city to annex adjacent territory, the
city council shall have printed in the
19 city's official newspaper, as defined in
section 50-213, Idaho Code, a legal
20 notice of the city's intent
to annex the territory and that a public hearing
21 will be held regarding the proposed annexation.
The legal notice shall contain
22 the time, date and place of the hearing
and a clear and unambiguous descrip-
23 tion of the area
proposed to be annexed, why the city desires to annex the
24 property and what public purpose annexation
will serve, what services the city
25 will be providing to the annexed property
and residents of that property, a
26 time limit on providing
the services and if taxes are to be collected that
27 they will be returned if services are not
provided within a date when the ser-
28 vices were initially promised to be provided
and shall be printed for at least
29 fourteen (14) days. As used herein services
shall include, but not be limited
30 to, police, fire, paramedics,
sewer, waste disposal, or water. Said notice
31 shall also clearly and unambiguously describe
the right of any person, natural
32 or legal, to protest the proposed annexation.
Within one (1) week after the
33 last legal notice has
been published, the city council shall hold a formal
34 public hearing to give the residents of
the affected area and any other inter-
35 ested person a chance to protest the proposed
annexation. The hearing shall be
36 scheduled for a time and date, and held
in such a manner as to maximize the
37 opportunity for affected
parties to attend and be heard. In addition to the
38 legal notice specified in this subsection,
a notice of hearing shall be
39 printed in the city's official
newspaper as defined in section 50-213, Idaho
40 Code, for seven (7) days prior to the hearing.
If, for any reason, the hearing
41 required in this subsection is postponed
or is continued after it is opened,
42 notice for the postponed or continued hearing
shall conform to the content and
43 minimum time limits provided in this subsection.
2
1 (2) Any
person or business, whether a resident of the territory proposed
2 to be annexed, a resident of the city proposing
to annex the territory, or a
3 resident of the area of impact
of the city proposing to annex the territory,
4 shall have the right to protest the annexation
orally or in writing. A protest
5 includes any objection to the proposed annexation
in whole or in part. If no
6 oral protests are received by the
council at the public hearing or no written
7 protests are received by the city council,
city attorney's office, city clerk,
8 the office of the mayor, or the planning
and zoning board of the city within
9 five (5) business days after the close
of the public hearing required in sub-
10 section (1) of this section, the city council
may proceed with annexation pro-
11 ceedings as defined in sections 50-222 through
50-224, Idaho Code.
12 (3) If any
oral or written protests are received by the council
from
13 twenty-five percent (25%) or
more of the registered voters who reside in the
14 area proposed to be annexed, an election
shall be held on one (1) of the dates
15 specified in section 34-106, Idaho Code,
and polling places established in the
16 area to be annexed for the purpose of submitting
to the qualified electors
17 residing in the area to be annexed,
the question of whether the proposed area
18 shall be annexed into the city. Such election
shall be conducted by the city,
19 which is proposing annexation
of the adjacent territory, in a manner pre-
20 scribed by chapter 4, title 50, Idaho Code,
for general city elections. The
21 city proposing annexation shall incur all
costs of the election.
22 (4) Only
if a majority of votes cast by electors in the election favor
23 annexation may the council then proceed
with the annexation proceedings as
24 defined in sections 50-222 through 50-224,
Idaho Code.
25 (5) If, upon
canvassing of the votes, it is determined that a majority of
26 the qualified electors who voted in the
election favored annexation, the clerk
27 of the city shall,
by abstract of the results of the election, certify the
28 fact to the board of county commissioners.
The clerk of such board shall
29 thereupon record the same and transmit said
original abstract of the result of
30 the election to the office
of the secretary of state. The original abstract
31 shall be filed by the secretary of
state in his office immediately upon
32 receiving the same, and certificates
of the filing of such original abstract
33 in his office shall be transmitted to the
clerk of the board of the county
34 commissioners and to the
clerk of the city. The date of annexation shall be
35 October 1 next following the election and
the perfection of the required pro-
36 cesses described in sections 50-222 through
50-224, Idaho Code.
37 (6) The
provisions of this section shall not apply to applications
or
38 requests for annexation made by property
owners requesting that the owner's
39 property be annexed. The provisions of this
section shall apply only to annex-
40 ations initiated by cities.
41 SECTION 2.
That Section 50-222, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 50-222. ANNEXATION
OF ADJACENT TERRITORY. (1) On and after January
1,
44 1995, any land lying contiguous or adjacent
to any city in the state of Idaho,
45 or to any addition or extension thereof
may be annexed by the city only if the
46 land is lying in the area of city impact
as determined by procedures contained
47 in section 67-6526, Idaho Code, and
the land is laid off into blocks contain-
48 ing not more than five (5) acres of land
each, whether the same shall have
49 been or shall be laid off, subdivided
or platted in accordance with any stat-
50 ute of this state or otherwise, or whenever
the owner or proprietor or any
51 person by or with his authority, has sold
or begun to sell off such contiguous
52 or adjacent lands by metes and
bounds in tracts not exceeding five (5) acres
53 and the procedures contained in section
50-221A, Idaho Code, are complied
3
1 with. Provided however, that any land
split that occurred prior to January 1,
2 1975, and was the result of the placement
of public utilities, public roads or
3 highways, or railroad lines through the
property shall not be considered an
4 intent to develop such land and shall not
be sufficient evidence that the land
5 by present owner has been laid
off or subdivided in lots or blocks, and pro-
6 vided further that a single sale of five
(5) acres or less to a family member
7 of the owner for the purpose of constructing
a residence shall not constitute
8 a sale within the meaning of this section.
For the purposes of this section,
9 "family member" means a natural
person or the spouse of a natural person who
10 is related to the owner by blood, adoption
or marriage within the first degree
11 of consanguinity. If a city has not adopted
an area of city impact prior to
12 January 1, 1995, the city shall not
be prohibited from annexing adjacent ter-
13 ritory if an area of city impact has been
adopted in accordance with the pro-
14 visions of section 67-6526,
Idaho Code, prior to annexation and all other
15 requirements for annexation have been met.
An owner of land of any size may
16 request that the tract of land
be annexed by the city whether the land is or
17 is not contained in the city's area of impact
by submitting such request in
18 writing to the city council. If the
tract of land is surrounded by or borders
19 the city, the council may, by ordinance,
declare the intent of the city to
20 annex the property. If the process
described in section 50-221A, Idaho Code,
21 has been satisfactorily complied with, the
council may by ordinance declare
22 the land by proper legal description thereof
to be a part of such city. In any
23 annexation of adjacent territory, the annexation
shall include all portions of
24 highways lying wholly or partially within
the annexed area.
25 (2) Railroad
right-of-way property may be annexed when property within
26 the city adjoins both sides of the right-of-way
notwithstanding any other pro-
27 vision of this section. Provided, that the
city may annex only those areas
28 which can be reasonably
assumed to be used for orderly development of the
29 city. Provided further, that said council
shall not have the power to declare
30 such land, lots or blocks
a part of said city, if they will be connected to
31 such city only by a shoestring or strip
of land upon a public highway.
32 (3) Notwithstanding
any other provision of law, no city council shall
33 have authority to annex
property owned by a county or any entity within the
34 county which property is used as a fairgrounds
area under the provisions of
35 chapter 8, title 31, or chapter
2, title 22, Idaho Code, without the consent
36 of a majority of the board of county commissioners
of the county in which said
37 property lies.
38 (4) Notwithstanding
any other provision of law, no city council shall
39 have authority to annex
property owned by a nongovernmental entity used to
40 provide outdoor recreational activities
to the public which has been desig-
41 nated as a planned unit development
of fifty (50) acres or more and does not
42 require or utilize any city services without
the express written permission of
43 the nongovernmental entity whose property
is subject to annexation.
44 SECTION 3.
An emergency existing therefor, which emergency
is hereby
45 declared to exist, this act shall be in
full force and effect on and after its
46 passage and approval. Any annexation
pending a legal decision by a court cur-
47 rently considering said annexation that
overturns the ordinance to annex would
48 become subject to this act.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS 11830
This bill is known as "Annexation by Invitation" legislation. This
proposal amends Chapter 2, Title 50, Idaho Code by addition of a new
section 50-221A, to provide that with the exception of mutual consent
with potential annexees, 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. Shirley McKague
Rep. Gary Young
Rep. Dick Harwood
Rep. Bill Sali
Rep. Lenore Barrett
Rep. Fred Tilman
Rep. Mike Moyle
Rep. Ken Roberts Phone: 208/332-1000
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
S1335......................................by LOCAL GOVERNMENT AND TAXATION
CITIES - ANNEXATION - Amends, repeals and adds to existing law to provide
procedures for annexation of certain classifications of lands by cities.
01/29 Senate intro - 1st rdg - to printing
01/30 Rpt prt - to Loc Gov
Bill Text
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LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-sixth Legislature
Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1335
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1
AN ACT
2 RELATING TO ANNEXATION BY MUNICIPAL CORPORATIONS;
REPEALING SECTION 50-222,
3 IDAHO CODE; AMENDING
CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A
4 NEW SECTION
50-222, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT, TO PROVIDE
5 GENERAL AUTHORITY,
TO PROVIDE FOR CLASSIFICATIONS OF LAND ANNEXATIONS, TO
6 PROVIDE FOR
EVIDENCE OF CONSENT TO ANNEXATION, TO PROVIDE FOR CERTAIN
7 ANNEXATION PROCEDURES,
TO PROVIDE JUDICIAL REVIEW AND TO PROVIDE
FOR
8 ANNEXATION
OF NONCONTIGUOUS MUNICIPAL AIRFIELDS; REPEALING
SECTION
9 50-222A, IDAHO CODE;
AMENDING SECTION 55-2505, IDAHO CODE, TO PROVIDE AN
10 EXCEPTION
TO THE EXEMPTION FROM DISCLOSURE OF TRANSFERS OF
NEWLY CON-
11 STRUCTED RESIDENTIAL
PROPERTY THAT PREVIOUSLY HAS NOT BEEN INHABITED AND
12 TO MAKE
A TECHNICAL CORRECTION; AMENDING SECTION 55-2508, IDAHO CODE, TO
13 PROVIDE THAT A SELLER'S
DISCLOSURE STATEMENT SHALL INCLUDE THREE QUESTIONS
14 RELATIVE TO NEWLY
CONSTRUCTED RESIDENTIAL REAL PROPERTY THAT PREVIOUSLY
15 HAS NOT BEEN
INHABITED; AND AMENDING SECTION 67-6526, IDAHO CODE, TO PRO-
16 VIDE A DEMAND PROCEDURE
TO FACILITATE COMPLIANCE WITH LAW FOR THOSE COUN-
17 TIES AND
CITIES WHICH HAVE NOT ADOPTED REQUIRED ORDINANCES PROVIDING FOR
18 THE IDENTIFICATION
OF AN AREA OF CITY IMPACT WITHIN THE UNINCORPORATED
19 AREA OF
THE COUNTY OR FOR APPLICATION OF PLANS AND ORDINANCES FOR SUCH
20 AREA OF CITY IMPACT,
TO PROVIDE FOR A REVIEW EVERY TEN YEARS AND TO MAKE
21 TECHNICAL CORRECTIONS.
22 Be It Enacted by the Legislature of the
State of Idaho:
23 SECTION 1.
That Section 50-222, Idaho Code, be, and the same is hereby
24 repealed.
25 SECTION 2.
That Chapter 2, Title 50, Idaho Code, be, and the
same is
26 hereby amended by the addition thereto
of a NEW SECTION, to be known and des-
27 ignated as Section 50-222, Idaho Code, and
to read as follows:
28 50-222. ANNEXATION
BY CITIES. (1) Legislative intent. The legislature
29 hereby declares and determines
that it is the policy of the state of Idaho
30 that cities of the state should be able
to annex lands which are reasonably
31 necessary to assure the
orderly development of Idaho's cities in order to
32 allow efficient and economically viable
provision of tax-supported and fee-
33 supported municipal services,
to enable the orderly development of private
34 lands which benefit from the cost-effective
availability of municipal services
35 in urbanizing areas and to equitably allocate
the costs of public services in
36 management of development on the urban fringe.
37 (2) General
authority. Cities have the authority to annex land into
a
38 city upon compliance with the procedures
required in this section. In any
39 annexation proceeding, all
portions of highways lying wholly or partially
40 within an area to be annexed shall be included
within the area annexed unless
41 expressly agreed between
the annexing city and the governing board of the
42 highway agency providing road maintenance
at the time of annexation. Provided
2
1 further, that said city council shall not
have the power to declare such land,
2 lots or blocks a part of said city if they
will be connected to such city only
3 by a shoestring or strip of land which
comprises a railroad or highway right-
4 of-way.
5 (3) Annexation
classifications. Annexations shall be classified and proc-
6 essed according to the standards
for each respective category set forth
7 herein. The three (3) types of annexation
are:
8 (a) Category
A: Annexations wherein all private landowners
raise no
9 objection to annexation,
or annexations of any enclaved lands, irrespec-
10 tive of surface
areas, which are surrounded on all sides by land within a
11 city or which are
bounded on all sides by lands within a city and by lands
12 for which owner
approval must be given pursuant to subsection (5)(b)(v) of
13 this section.
14 (b) Category
B: Annexations wherein:
15
(i) The subject lands contain less than two hundred (200)
separate
16
private ownerships and platted lots of record and where not all such
17
landowners have consented to annexation; or
18
(ii) The subject lands contain more than two hundred (200)
separate
19
private ownerships and platted lots of record and where
landowners
20
owning more than fifty percent (50%) of the area of the subject pri-
21
vate lands have evidenced their consent to annexation at the
outset
22
of the annexation process; or
23
(iii) The lands are the subject of a development moratorium
or a
24
water or sewer connection restriction imposed
by state or local
25
health or environmental agencies; provided such lands shall
not be
26
counted for purposes of determining the number of separate
private
27
ownerships and platted lots of record aggregated to determine
the
28
appropriate category.
29 (c) Category
C: Annexations wherein the subject lands contain more than
30 two hundred (200)
separate private ownerships and platted lots of record
31 and where
landowners owning more than fifty percent (50%) of the area of
32 the subject private
lands have not evidenced their consent to annexation
33 at the outset of
the annexation process.
34 (4) Evidence
of consent to annexation. For purposes of this
section,
35 prior consent to annex shall be deemed given
when evidenced by written autho-
36 rization or approval executed
by the owner or the owner's authorized agent.
37 Consent shall be implied for the area of
all lands connected to a water or
38 wastewater collection system
operated by the city and for lands subject to a
39 written consent to annex recorded in the
county recorder's office. Written
40 consent to annex lands, if recorded
in the county recorder's office, shall be
41 binding upon subsequent purchasers, heirs,
or assigns of lands addressed in
42 the consent. Lands need
not be contiguous or adjacent to the city limits at
43 the time the landowner consents to annexation
for the property to be subject
44 to a valid consent to
annex; provided however, no annexation of lands shall
45 occur, irrespective of consent, until such
land becomes contiguous or adjacent
46 to such city.
47 (5) Annexation
procedures. Annexation of lands into a city shall follow
48 the procedures applicable to the category
of lands as established by this sec-
49 tion. The implementation of
any annexation proposal wherein the city council
50 determines that annexation is appropriate
shall be concluded with the passage
51 of an ordinance of annexation.
52 (a) Procedures
for category A annexations: Lands lying contiguous
or
53 adjacent to any
city in the state of Idaho may be annexed by the city if
54 the proposed
annexation meets the requirements of category A. Upon deter-
55 mining that a proposed
annexation meets such requirements, a city may ini-
3
1 tiate the planning
and zoning procedures set forth in chapter 65, title
2 67, Idaho
Code, to establish the comprehensive planning policies, where
3 necessary, and zoning
classification of the lands to be annexed.
4 (b) Procedures
for category B annexations: A city may annex lands that
5 would qualify
under the requirements of category B annexation if the fol-
6 lowing requirements
are met:
7
(i) The lands are contiguous or adjacent to the city and lie
within
8
the city's area of city impact;
9
(ii) The land is laid off into lots or blocks containing
not more
10
than five (5) acres of land each, whether the same shall have been or
11
shall be laid off, subdivided or platted in accordance with any stat-
12
ute of this state or otherwise, or whenever the owner or proprietor
13
or any person by or with his authority has sold or begun to sell
off
14
such contiguous or adjacent lands by metes and bounds in tracts
not
15
exceeding five (5) acres, or whenever the land is surrounded by
the
16
city. Splits of ownership which occurred prior to January
1, 1975,
17
and which were the result of placement of public utilities,
public
18
roads or highways, or railroad lines through the property shall
not
19
be considered as evidence of an intent to develop such land and shall
20
not be sufficient evidence that the land has been laid off or subdi-
21
vided in lots or blocks. A single sale after January 1, 1975, of five
22
(5) acres or less to a family member of the owner for the purpose
of
23
constructing a residence shall not constitute a sale within the mean-
24
ing of this section. For purposes of this section, "family
member"
25
means a natural person or the spouse
of a natural person who is
26
related to the owner by blood, adoption or marriage within the first
27
degree of consanguinity;
28
(iii) Preparation and publication of a written
annexation plan,
29
appropriate to the scale of the annexation
contemplated, which
30
includes, at a minimum, the following elements:
31
(A) The manner of providing tax-supported municipal services to
32
the lands proposed to be annexed;
33
(B) The changes in taxation and other costs, using
examples,
34
which would result if the subject lands were to be annexed;
35
(C) The means of providing fee-supported municipal services, if
36
any, to the lands proposed to be annexed;
37
(D) A brief analysis of the potential effects of
annexation
38
upon other units of local government which currently
provide
39
tax-supported or fee-supported services to the lands proposed to
40
be annexed; and
41
(E) The proposed future land use plan and zoning designation or
42
designations, subject to public hearing, for the lands proposed
43
to be annexed;
44
(iv) Compliance with the notice and hearing procedures
governing a
45
zoning district boundary change as set forth in
section 67-6511,
46
Idaho Code, on the question of whether the property should be annexed
47
and, if annexed, the zoning designation to be applied thereto;
pro-
48
vided however, the initial notice of public hearing concerning
the
49
question of annexation and zoning shall be published in the official
50
newspaper of the city and mailed by first class mail to every
prop-
51
erty owner with lands included in such annexation proposal
not less
52
than twenty-eight (28) days prior to the initial public hearing.
All
53
public hearing notices shall establish a time and procedure by which
54
comments concerning the proposed annexation may be received in writ-
55
ing and heard and, additionally, public hearing notices delivered
by
4
1
mail shall include a one (1) page summary of the contents
of the
2
city's proposed annexation plan and shall provide information regard-
3
ing where the annexation plan may be obtained without charge
by any
4
property owner whose property would be subject to the annexation pro-
5
posal.
6
(v) In addition to the standards set forth elsewhere in
this sec-
7
tion, annexation of the following lands
must meet the following
8
requirements:
9
(A) Property, owned by a county or any
entity within the
10
county, that is used as a fairgrounds area under the provisions
11
of chapter 8, title 31, Idaho Code, or chapter 2,
title 22,
12
Idaho Code, must have the consent of a majority of the board of
13
county commissioners of the county in which the property lies;
14
and
15
(B) Property, owned by a nongovernmental entity, that
is used
16
to provide outdoor recreational activities to the public
and
17
that has been designated as a planned unit development of fifty
18
(50) acres or more and does not require or utilize any city ser-
19
vices must have the express written permission of the nongovern-
20
mental entity owner.
21
(vi) After considering the written and oral comments
of property
22
owners whose land would be annexed and other affected
persons, the
23
city council may proceed with the enactment of an ordinance of annex-
24
ation and zoning. In the course of the consideration
of any such
25
ordinance, the city must make express findings, to be
set forth in
26
the minutes of the city council meeting at which the annexation
is
27
approved, as follows:
28
(A) The land to be annexed meets the applicable requirements of
29
this section and does not fall within the exceptions or condi-
30
tional exceptions contained in this section;
31
(B) The annexation would be consistent with the public purposes
32
addressed in the annexation plan prepared by the city;
33
(C) The annexation is reasonably necessary for
the orderly
34
development of the city;
35
(vii) Notwithstanding any other provision of this section,
railroad
36
right-of-way property may be annexed pursuant to this section
only
37
when property within the city adjoins or will adjoin
both sides of
38
the right-of-way.
39 (c) Procedures
for category C annexations: A city may annex lands that
40 would qualify
under the requirements of category C annexation if the fol-
41 lowing requirements
are met:
42
(i) Compliance with the procedures governing
category B annex-
43
ations; and
44
(ii) Evidence of consent to annexation based upon the following pro-
45
cedures:
46
(A) Following completion of all procedures required for consid-
47
eration of a category B annexation, but prior to enactment of an
48
annexation ordinance and upon an affirmative action by the city
49
council, the city shall mail notice to all private landowners
50
owning lands within the area to be annexed, exclusive
of the
51
owners of lands that receive water and sewer service and owners
52
of lands that are subject to a recorded consent to annex. Such
53
notice shall invite property owners to either give consent
or
54
express opposition to the annexation, include a return-addressed
55
postage-paid postcard, and inform the landowners
where the
5
1
entire record of the subject annexation may be examined.
Such
2
mailed notice shall also include a legal
description of the
3
lands proposed for annexation and a simple map depicting
the
4
location of the subject lands.
5
(B) Each landowner desiring to reply must do so within twenty-
6
one (21) days of the date of the initial mailing of such notice.
7
The required response postmark date shall be stated in the mail-
8
ing that accompanies the reply postcard.
9
(C) The results of the mail poll shall be compiled by the city
10
clerk and shall be determined by tabulating the physical area of
11
the lands, as expressed in acres or square feet, whose
owners
12
consent to annexation in their response, plus the area of
all
13
lands receiving water and sewer service from the city
and the
14
area of all lands subject to a recorded consent to annex against
15
the area of all lands whose owners object to annexation. Objec-
16
tions received after the conclusion of the twenty-one (21)
day
17
period shall not be considered unless the late objection is due
18
to the city's failure to follow the procedures provided herein.
19
Objections received from owners of lands subject to a recorded
20
consent to annex, or from owners receiving water or sewer ser-
21
vice from the city, shall not be considered objections for pur-
22
poses of this section. Lands of landowners to whom notice
is
23
mailed and who do not respond to the consent request shall
not
24
be counted or considered. The clerk shall report the results to
25
the city council.
26
(D) Upon receiving such report, the city council shall canvass
27
the results and may thereafter confirm whether
consent was
28
received from the owners of a majority
of the land areas
29
responding. The results of the canvass shall be reflected in the
30
minutes of the city council. If the canvass confirms that owners
31
of more land area support annexation than oppose such
annex-
32
ation, the city council may enact an ordinance of annexation,
33
which thereafter shall be published and become effective accord-
34
ing to the terms of the ordinance. If the canvass confirms that
35
owners of more land area oppose annexation than
support such
36
annexation, the category C annexation shall not be authorized.
37 (6) The decision
of a city council to annex and zone lands as a category
38 B or category C annexation shall
be subject to judicial review in accordance
39 with the procedures provided in chapter
52, title 67, Idaho Code, and pursuant
40 to the standards set forth in section 67-5279,
Idaho Code. Any such appeal
41 shall be filed by
an affected person in the appropriate district court no
42 later than twenty-eight (28) days after
the date of publication of the annex-
43 ation ordinance. All cases in which there
may arise a question of the validity
44 of any annexation under this section
shall be advanced as a matter of immedi-
45 ate public interest and concern, and shall
be heard by the district court at
46 the earliest practicable time.
47 (7) Annexation
of noncontiguous municipal airfield. A city may annex land
48 that is not contiguous to the
city and is occupied by a municipally owned or
49 operated airport or landing field. However,
a city may not annex any other
50 land adjacent to such
noncontiguous facilities which is not otherwise
51 annexable pursuant to this section.
52 SECTION 3.
That Section 50-222A, Idaho Code, be, and the same is hereby
53 repealed.
6
1 SECTION 4.
That Section 55-2505, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 55-2505. EXEMPTIONS.
The provisions of this chapter do not apply to any
4 transfer of residential real property that
is any of the following:
5 (1) A transfer
pursuant to court order including, but not limited to, a
6 transfer ordered by a probate court
during the administration of a decedent's
7 estate, a transfer pursuant to a writ of
execution, a transfer by a trustee in
8 bankruptcy, a transfer as a result of the
exercise of the power of eminent
9 domain, and a transfer that results
from a decree for specific performance of
10 a contract or other agreement between persons;
11 (2) A transfer
to a mortgagee by a mortgagor by deed in lieu of foreclo-
12 sure or in satisfaction of the mortgage
debt;
13 (3) A
transfer to a beneficiary of a deed
of trust by a trustor in
14 default;
15 (4) A transfer
by a foreclosure sale that follows a default in the satis-
16 faction of an obligation secured by a mortgage;
17 (5) A transfer
by a sale under a power of sale following a default in the
18 satisfaction of an obligation that is secured
by a deed of trust or another
19 instrument containing a power
of sale occurring within one (1) year of fore-
20 closure on the default;
21 (6) A transfer
by a mortgagee, or a beneficiary under a deed of trust,
22 who has acquired the residential
real property at a sale conducted pursuant
23 to a power of sale under a mortgage or a
deed of trust or who has acquired the
24 residential real property by a deed in lieu
of foreclosure;
25 (7) A transfer
by a fiduciary in the course of the administration of
a
26 decedent's estate, a guardianship, a conservatorship,
or a trust;
27 (8) A transfer
from one (1) co-owner to one (1) or more other co-owners;
28 (9) A transfer
made to the transferor's spouse or to one (1) or more per-
29 sons in the lineal
line of consanguinity of one (1) or
more of the
30 transferors;
31 (10) A transfer
between spouses or former spouses as a result of a decree
32 of divorce, dissolution
of marriage, annulment, or legal separation or as a
33 result of a property settlement agreement
incidental to a decree of divorce,
34 dissolution of marriage, annulment, or legal
separation;
35 (11) A transfer
to or from the state, a political subdivision of
the
36 state, or another governmental entity;
37 (12) A transfer
that involved newly constructed residential real property
38 that previously has not been
inhabited, except that disclosure of annexation
39 and city service status shall be declared
by the sellers of such newly con-
40 structed residential real property
in accordance with the provisions of sec-
41 tion 55-2508, Idaho Code;
42 (13) A transfer
to a transferee who has occupied the property as a per-
43 sonal residence for one (1) or more years
immediately prior to the transfer;
44 (14) A transfer
from a transferor who both has not occupied the property
45 as a personal residence within one (1) year
immediately prior to the transfer
46 and has acquired the property through inheritance
or devise;
47 (15) A transfer
by a relocation company to a transferee within one (1)
48 year from the date that the previous owner
occupied the property.;
49 (16) A transfer
from a decedent's estate.
50 SECTION 5.
That Section 55-2508, Idaho Code, be, and the same is hereby
51 amended to read as follows:
52 55-2508. DISCLOSURE
FORM. The disclosures required by the provisions of
7
1 this article pertaining to the property
proposed to be transferred are set
2 forth in and shall be
made on a copy of the following disclosure form or an
3 alternative form as provided in section
55-2506, Idaho Code:
4
SELLER PROPERTY DISCLOSURE FORM
5 SELLER'S NAME AND ADDRESS: ...................................................
6 Section 55-2501,
et seq., Idaho Code, requires Sellers of residential real
7 property to complete a property condition
disclosure form.
8 PURPOSE OF STATEMENT:
This is a statement of the conditions and informa-
9 tion concerning the property
known by the Seller. Unless otherwise advised,
10 the Seller does not possess any
expertise in construction, architectural,
11 engineering or any other specific
areas related to the construction or condi-
12 tion of the improvements on the property.
Other than having lived at or owning
13 the property, the Seller possesses no greater
knowledge than that which could
14 be obtained upon a careful inspection
of the property by the potential buyer.
15 Unless otherwise advised, the Seller has
not conducted any inspection of gen-
16 erally inaccessible areas such as the foundation
or roof. It is not a warranty
17 of any kind by the
Seller or by any agent representing any Seller in this
18 transaction. It is not a substitute for
any inspections. Purchaser is encour-
19 aged to obtain his/her
own professional inspections. Notwithstanding that
20 transfer of newly constructed residential
real property that previously has
21 not been inhabited is
exempt from disclosure pursuant to section 55-2505,
22 Idaho Code, Sellers of such newly constructed
residential real property shall
23 disclose information regarding
annexation and city services in the form as
24 prescribed in questions 1., 2. and 3.
25 1. Is the property located in an area
of city impact, adjacent or contiguous
26 to a city limits, and thus legally subject
to annexation by the city? .... Yes
27 .... No
28 2. Does the property,
if not within city limits, receive any city services?
29 .... Yes .... No
30 3. Does the property have a written
consent to annex recorded in the county
31 recorder's office? .... Yes .... No
32 4. All appliances and
service systems included in the sale,
(such as
33 refrigerator/freezer, range/oven, dishwasher,
disposal, hood/fan, central vac-
34 uum, microwave oven, trash
compactor, smoke detectors, tv antenna/dish,
35 fireplace/wood stove, water
heater, garage door opener, pool/hot tub, etc.)
36 are functioning properly except: (please
list and explain) ...................
37 ..............................................................................
38 ..............................................................................
39 25. Specify problems with the following:
40 Basement water ...........................................................
41 Foundation ...............................................................
42 Roof condition and
age ...................................................
43 Well (type) ......................
problem ...............................
44 Septic system (type)
............. problem ...............................
45 Plumbing .................................................................
46 Drainage .................................................................
47 Electrical ...............................................................
48 Heating ..................................................................
49 36. Describe any conditions that may
affect your ability to clear title (such
50 as encroachments, easements, zoning violations,
lot line disputes, etc.): ....
51 ..............................................................................
52 47. Are you aware of any hazardous
materials or pest infestations on the
53 property? ....................................................................
8
1 58. Have any substantial additions
or alterations been made without a build-
2 ing permit? ..................................................................
3 69. Any other problems, including
legal, physical or other not listed above
4 that you know concerning the property: .......................................
5 The Seller
certifies that the information herein is true and correct to
6 the best of Seller's knowledge as of the
date signed by the Seller. The Seller
7 is familiar with the residential real property
and each act performed in mak-
8 ing a disclosure of
an item of information is made and performed in good
9 faith.
10 I/we acknowledge
receipt of a copy of this statement.
11 Seller:
Buyer:
12 ........................
.........................
13 Date: ..................
Date: ...................
14 ........................
.........................
15 Date: ..................
Date: ...................
16 SECTION 6.
That Section 67-6526, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 67-6526. AREAS
OF CITY IMPACT -- NEGOTIATION PROCEDURE. (a) The governing
19 board of each county and each city
therein shall adopt by ordinance following
20 the notice and hearing procedures provided
in section 67-6509, Idaho Code, a
21 map identifying an area of city
impact within the unincorporated area of the
22 county. A separate ordinance providing for
application of plans and ordinances
23 for the area of city impact shall be adopted.
Subject to the provisions of
24 section 50-222, Idaho Code, an area
of city impact must be established before
25 a city may annex adjacent territory. This
separate ordinance shall provide for
26 one (1) of the following:
27 (1) Application
of the city plan and ordinances adopted under this chap-
28 ter to the area
of city impact; or
29 (2) Application
of the county plan and ordinances adopted under
this
30 chapter to the area
of city impact; or
31 (3) Application
of any mutually agreed upon plan and ordinances adopted
32 under this chapter
to the area of city impact.
33 Areas of
city impact, together with plan and ordinance requirements, may
34 cross county boundaries by agreement of
the city and county concerned if the
35 city is within three (3) miles of the adjoining
county.
36 (b) If the
requirements of section 67-6526(a), Idaho Code, are not met by
37 January 1, 2000, the
have not been met, either the city or the county may
38 demand compliance with this section by providing
written notice to the other
39 of said demand for
compliance. Once a demand has been made, the city shall
40 select its representative as hereinafter
provided, within thirty (30) days of
41 said demand, and the process set forth
in this subsection shall commence. The
42 county commissioners for the county concerned,
together with three (3) elected
43 city officials designated by the mayor of
the city and confirmed by the coun-
44 cil, shall, within thirty
(30) days after the city officials have been con-
45 firmed by the council, select three (3)
city or county residents. These nine
46 (9) persons shall, by majority vote,
recommend to the city and county govern-
47 ing boards an area of city impact together
with plan and ordinance require-
48 ments. The recommendations shall
be submitted to the governing boards within
49 one hundred eighty (180) days after the
selection of the three (3) at-large
50 members at large and shall be acted
upon by the governing boards within sixty
51 (60) days of receipt. If the city or county
fails to enact ordinances provid-
9
1 ing for an area of city impact,
plan, and ordinance requirements, either the
2 city or county may seek a declaratory judgment
from the district court identi-
3 fying the area of city impact, and plan
and ordinance requirements. In defin-
4 ing an area of city
impact, the following factors shall be considered: (1)
5 trade area; (2) geographic factors; and
(3) areas that can reasonably be
6 expected to be annexed to the city in the
future.
7 (c) If
areas of city impact overlap, the cities involved shall negotiate
8 boundary adjustments to be recommended to
the respective city councils. If the
9 cities cannot reach agreement, the board
of county commissioners shall, upon a
10 request from either city, within thirty
(30) days, recommend adjustments to
11 the areas of city
impact which shall be adopted by ordinance by the cities
12 following the notice and hearing procedures
provided in section 67-6509, Idaho
13 Code. If any city objects to the recommendation
of the board of county commis-
14 sioners, the county shall conduct an election,
subject to the provisions of
15 section 34-106, Idaho
Code, and establish polling places for the purpose of
16 submitting to the qualified electors residing
in the overlapping impact area,
17 the question of which
area of city impact the electors wish to reside. The
18 results of the election shall be conclusive
and binding, and no further pro-
19 ceedings shall be entertained
by the board of county commissioners, and the
20 decision shall not be appealable by either
city involved. The clerk of the
21 board of county commissioners
shall by abstract of the results of the elec-
22 tion, certify that fact, record the same
and transmit copies of the original
23 abstract of the result of the election to
the clerk of the involved cities.
24 (d) Areas
of city impact, plan, and ordinance requirements shall remain
25 fixed until both governing boards agree
to renegotiate. In the event the city
26 and county cannot agree, the judicial review
process of subsection (b) of this
27 section shall apply. Renegotiations
shall begin within thirty (30) days after
28 written request by the city or county and
shall follow the procedures for
29 original negotiation provided in this section.
30 (e) Prior
to negotiation or renegotiation of areas of city impact, plan,
31 and ordinance requirements, the governing
boards shall submit the questions to
32 the planning, zoning, or planning and zoning
commission for recommendation.
33 Each commission shall have a
reasonable time fixed by the governing board to
34 make its recommendations to the governing
board. The governing boards shall
35 undertake a review at least
every ten (10) years of the city impact plan and
36 ordinance requirements to determine whether
renegotiations are in the best
37 interests of the citizenry.
38 (f) This
section shall not preclude growth and development in areas
of
39 any county within the state of Idaho which
are not within the areas of city
40 impact provided for herein.
41 (g) If
the area of impact has been delimited pursuant to the provisions
42 of subsection (a) (1) of this section, persons
living within the delimited
43 area of impact shall be entitled to representation
on the planning, zoning, or
44 the planning and zoning commission of the
city of impact. Such representation
45 shall as nearly as possible reflect the
proportion of population living within
46 the city as opposed to
the population living within the areas of impact for
47 that city. To achieve such proportional
representation, membership of the
48 planning, zoning or planning
and zoning commission, may exceed twelve (12)
49 persons, notwithstanding the provisions
of subsection (a) of section 67-6504,
50 Idaho Code. In instances where a city has
combined either or both of its plan-
51 ning and zoning functions
with the county, representation on the resulting
52 joint planning, zoning or planning and zoning
commission shall as nearly as
53 possible reflect the proportion of population
living within the impacted city,
54 the area of city
impact outside the city, and the remaining unincorporated
55 area of the county. Membership on
such a joint planning, zoning or planning
10
1 and zoning commission may exceed twelve
(12) persons, notwithstanding the pro-
2 visions of subsection (a) of section 67-6504,
Idaho Code.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS 11765C1
This legislation is intended to provide affected citizens with far
more information concerning any annexation proposal, to accord
citizens a meaningful opportunity to. be heard regarding annexation
and zoning decisions, to allow landowners an opportunity to consent
to or oppose significant annexations and to establish standards and
procedural requirements that clearly define the obligations of
cities as they consider annexation of developing lands.
Annexations would be categorized based upon their complexity and
extent. Unless all owners consent or unless a parcel is surrounded
by a city, cities would be required to develop annexation plans and
make the contents of those plans readily available to the interested
public.
A public hearing would have to be held regarding annexation (not
just zoning) with extended notice requirements (twenty-eight days).
Notice must be provided by publication and first class mail to all
affected property owners. Annexation decisions would be required to
address public policy considerations set forth in the statutes, with
specific findings that the statutes have been satisfied.
After extensive opportunities to review plans and participate in
hearings, landowners in significant annexations (200 parcels or lots
based on the assessor’s records - Category C) will be polled to
determine their support for or opposition to annexation. Owners of
lands subject to recorded consent to annex or receiving water or
sewer service from the city will be deemed to consent. In such
circumstances, a city may not annex unless a majority of the
responding land area supports annexation.
Opportunity for independent judicial review would be provided to
determine that statutory procedures have been followed and that
statutory standards have been met.
Refinements in drafting would recognize the annexation statutes
to make them more understandable, with readers less prone to
becoming lost in the current confusing verbiage.
The area of city impact statute would be modified to require cities
to name their designated representatives on dispute resolution
committees within thirty (30) days after the date that county
commissioners elect to pursue that approach.
The standardized property seller disclosure form (Idaho Code
§552508) would be modified to require disclosure of area of city
impact status, disclosure of agreements which consent to annexation
and annexation potential to purchasers.
The city and county governing boards will be required to undertake
a review at least every ten (10) years of the city impact plan and
ordinance requirements.
FISCAL IMPACT
Cities will have additional costs for preparing annexation plans,
mailing of notices, polling property owners where necessary and
publication of additional notices. The amounts will vary depending
upon the number of annexations and the number of residents to be
notified. There will be no fiscal impact to the state of Idaho.
CONTACT
Name: Representative Lee Gagner
Phone: 332-1000
Name: Senator Moon Wheeler
Phone: 332-1409
Name: Senator Jerry Thorne
Phone: 332-1323