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Bill Detail: SB20-147

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Title County Impacts From Municipal Annexation
Status Senate Committee on Local Government Postpone Indefinitely (02/13/2020)
Bill Subjects
  • Local Government
House Sponsors
Senate Sponsors R. Gardner (R)
House Committee
Senate Committee Local Government
Date Introduced 01/27/2020
Description

The bill makes the modifications to the Municipal Annexation
Act of 1965 (act). Under the act, an unincorporated area within a county
may not be annexed to a municipality unless not less than one-sixth of the
perimeter of the land area is contiguous with the municipality. Section 2
of the bill modifies this requirement so that not less than one-third of the

perimeter of the area to be annexed must be contiguous with the
municipality.
Section 2 modifies existing contiguity requirements to specify that
county-owned open space (unlike other forms of public lands or public
land uses) affect contiguity. The bill expands the group of land uses that
affects contiguity to include any land area owned by a county and any
land area upon which infrastructure owned or maintained by a county is
located. Contiguity may be established across such land area owned or
maintained by the county by resolution of the board of county
commissioners (BOCC) approving an intergovernmental agreement
(IGA) with the annexing municipality in which satisfaction of the
contiguity requirement with respect to such land is acknowledged.
Section 2 also prohibits a municipality from annexing an area of
land unless the land is clearly depicted within an area planned for
annexation as identified in an annexation plan that was adopted by the
municipality at least 2 years prior to the proposed annexation.
Under the act, one of the applicable tests for determining whether
a community of interest exists between the annexing municipality and the
area proposed to be annexed requires a finding that one-half or more of
the land in the area proposed to be annexed is agricultural. Section 2
modifies this requirement to require a finding that one-third of the land
area is being used for agricultural purposes or has been assessed by the
county assessor in the 3-year period prior to the proposed annexation as
agricultural. An alternate test for determining satisfaction of the
community of interest requirement requires a finding that it is not
physically practicable to extend to the area proposed to be annexed
certain urban services. The bill modifies this requirement to require a
finding that it is not physically practical or economically feasible to
extend such urban services to the area and an agreement between the
annexing municipality and a quasi-municipal corporation addressing the
terms of services.
In connection with existing requirements of the act pertaining to
establishing the boundaries of an area to be annexed where land held in
identical ownership is present, section 3 specifies that contiguity is
affected by whether a street, road, or public way is owned or maintained
by a county or whether infrastructure owned or maintained by the county
is located on the land.
In connection with an existing requirement of the act that prohibits
certain annexations that would extend a municipal boundary more than
3 miles from any point of the municipal boundary, section 3 provides that,
within this 3-mile area, the contiguity requirement may be achieved by a
resolution of the BOCC in accordance with the bill. Prior to completion
of an annexation within the 3-mile area, the bill requires that the
municipality have in place a comprehensive annexation plan for the area.
The bill specifies additional requirements pertaining to the plan.
Prior to completion of an annexation in which the basic contiguity
requirement of the act is achieved, section 3 also requires the municipality
to determine if any of the land to be annexed is owned or maintained by
the county or whether any infrastructure owned or maintained by the
county is located on the land area. The annexation is also made subject to
the terms of any IGA the municipality has entered into with the county.
Section 3 enlarges the time before the hearing on the annexation
petition in which the petition must be received by the municipality for the
annexation to proceed and extends the time for certain required notices
to be provided in advance of the hearing.
Under the act, in establishing the boundaries of any area proposed
to be annexed, if a portion of a platted street or alley is annexed, the entire
width of said street or alley is to be included within the area annexed.
Section 3 specifies that the length and extent of the county owned or
maintained roadway that is to be annexed, and any monetary
reimbursement paid to the county, must be determined by an IGA
approved by the county and the annexing municipality prior to the
annexation of any parcel of land adjacent to or severed by the county
roadway.
The act specifies that an annexation map must be filed with the
annexation petition. Section 4 requires the map to include additional
information.
Under the act, the hearing on the annexation petition before the
annexing municipality must be held not less than 30 days nor more than
60 days after the effective date of the resolution setting the hearing.
Section 5 changes these deadlines so the hearing must be held not less
than 60 nor more than 90 days after the effective date of the resolution.
Section 6 makes modifications to various requirements in the act
pertaining to the annexation impact report (AIR), including the date by
which the AIR must be prepared and adds new information that must be
included in the AIR.
Under the act, the annexing municipality must issue certain
findings and conclusions addressing the legal sufficiency of the
annexation. Section 7 expands the findings to include a determination as
to how any IGAs entered into by one or more counties and the
municipality affect the proposed annexation.
In the case of an annexation without the need for an election,
section 8 permits such an annexation to take place subject to the terms of
any IGA entered into between or among the annexing municipality and
one or more counties.
Section 9 requires the annexing municipality to file a copy of any
applicable operations and maintenance agreement entered into between
the municipality and a county if the IGA associated with the proposed
annexation requires the annexing municipality to assume the operation
and maintenance of public infrastructure owned or maintained by the
county that is located on land within the land area to be annexed.
If an IGA is required and an annexing municipality fails to enter
into such an agreement with a county, or violates any of the terms of such
agreement, section 10 permits the BOCC to file a lawsuit seeking
injunctive relief to compel the municipality to enter into an IGA or to
compel enforcement of the agreement.
Section 11 permits a county to direct disconnection of land owned
by the county from within an incorporated municipality. The bill specifies
the process by which such disconnection is to take place and the legal
effects of the disconnection.
Sections 12 and 13 deal with petitions for disconnection by court
decree involving statutory cities and statutory towns, respectively. These
sections provide that, once any land area has been previously annexed by
a particular city or town, the same land area shall not become the subject
of a petition disconnecting the land area from the same city or town at
anytime thereafter unless the land is to be annexed into another city or
town, respectively, or upon agreement to the disconnection by passage of
a resolution of the BOCC of the county.

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