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RESOLUTION NO. 2000-05 A RESOLUTION OF TilE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF IDAHO DESCRIBING TilE PROSPECTIVE EFFECTS OF IDAHO HOUSE BILL 538 WHICH WOULD LIMIT THE RIGHT OF DULY ELECTED REPRESENTATIVES OF IDAHO'S CITIES TO ANNEX PROPERTY BY IMPOSING BURDENSOME AND UNNECESSARY PROCEDURES AND STATING THE OPPOSITION OF TilE MAYOR AND CITY COUNCIL TO SAID HOUSE BILL 538. WHEREAS, the Idaho House of Representatives is currently considering House Bill 538 which would amend the procedures utilized by Idaho Cities and their duly elected officials to annex land located outside city limits to the city; and WHEREAS, House Bill 538 would impose onerous burdens upon a city to annex property which is legally proper for annexation under current law by: 1. Extending the time necessary to annex property; 2. Imposing large publishing and legal notice costs to provide notice; 3. Linking annexation of territory directly to provision of services, rather than to issues of fairness and equity; 4. Mandating a burdensome and confusing method of receiving objections to a proposed annexation; 5. Mandating a process which allows a minority (25%) of the residents of an area sought to be annexed to force an election on such issue; 6. Improperly directing that a city pay for a special election process to take place outside of its limits. WHEREAS, House Bill 538 could so limit authority of Idaho's cities to annex adjacent property so as to make annexation .impossible, even though it is the finding of the duly elected City Council that such annexation is in the public interest; and WHEREAS, House Bill 538 allows property o\Vners who reside outside of the city limits and who utilize city services and take advantage of city programs to resist annexation when legally proper, and thereby allows them to avoid proper payment for such services and to thwart planning for growth and expansion of cities as mandated by the Local Land Use Planning Act; and WHEREAS, the procedures required by House Bill 538 are unnecessary in light of the current restrictions upon annexation imposed by Idaho Code Section 50-222 through 50-233, which are reasonable and appropriate. NOW THEREFORE BE IT RESOLVED THAT the Moscow City Council hereby opposes House 538 and urges all Idaho legislators to cast their vote against this bilL DATED this 22nd day of February, 2000. E:\Resolutions\2000 Resolutions\Reso!ution 2000.05 • HB 538.doc-cb