Annexation by interlocal agreement coming soon!

A bill that just passed the Legislature provides a new option for code cities to annex land.

SB 5522 allows a code city to annex unincorporated land via an interlocal agreement with the county.

As part of this new alternative, the bill requires the following:

Party to the agreement

• 30-days-notice must be provided to:
  • An adjacent city where the sole access or majority of egress and ingress of the area is served by the transportation network of the city; or
  • Fire protection district, regional fire protection service authority, water-sewer district, or transportation benefit district within the proposed annexed area.
• Within the notice period, the adjacent jurisdiction or affected district can join as a party to the agreement; and
• If the adjacent jurisdiction or affected district does not approve of the agreement, the annexation will not go forward under this process.

Interlocal agreement

• A description of annexation boundaries;
• The effective date of the annexation;
• The agreement must ensure that for five years after the annexation any parcel zoned for residential development within the annexed area shall maintain residential zoning and minimum gross density;
• May include phased annexation; and
• Includes a public hearing date.

In public outreach

• A public hearing must be held by each legislative body, separately or jointly, before the agreement is executed;
• Notice of availability of the agreement must be published at least once a week for four weeks prior to the date of the hearing in one or more newspapers of general circulation within the code city and within the area to be annexed, and on the legislative body's website, if available; and
• At the hearing, members of the public must be afforded an opportunity to be heard.

To enact

• If the city council determines to move ahead with the annexation, the council may then adopt an ordinance annexing the territory; and
• The council must file a copy of the certified ordinance with the board of county commissioners where the annexed property is located.

SB 5522 is awaiting the Governor’s signature to become law.