HomeMy WebLinkAbout000169 Correspondence re: Annexation 08-15-1977 Rex Bennion
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RIGBY. THATCHER & ANDRUS. P. A.
26 NORTH SECOND EAST - P. Q. BOX 250 REXBURO. IDAHO 83440
RAY W. RIGBY - GORDON S. THATCHER - O. RICH ANDRUS - BRECH H. BARTON
TELEPHONE (208) 35(3-3633
August 15, 1977
Mr. M. Rex Bennion
Dean of Administration
Ricks College
Rexburg, Idaho 83440
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An....tion of _I Property .
comspondence from Rex Bennion
8/15/1971
Recorded for: City of Rexburg
BLAIR D. KA YE (}JiJ.J
Ex-Officio Recorder Deputy
RE: Proposed annexation.
Dear Rex:
.
You have requested our legal analysis of the proposal by J. Kent
Jolley that Ricks College petition the city of Rexburg fo~ the annexa-
tion of the following described real property situated in Madison
County, Idaho, to-wit:
...
N\NE~ of Sec. 31,
TWP. 6 N., Rge. 43 E, Boise Meridian
First, there cannot be a forced annexation of the property unless
and until the property becomes surrounded by city property. That
is not the case now. Idaho Code 550-222 provides that annexation
cannot be done unless there is a subdivision, the property is
surrounded by the city, or the owner requests in writing annexation.
"
Second, annexation would place the property under all by-laws and
ordinances of the city of Rexburg, and the city could compel the
surveying of the property at the expense of Ricks College. This is
provided in Idaho Code 550-223. We understand that the city and other
property owners may desire the extension of 7th South street through
this property. We understand Ricks College is opposed to such a
street because it would split an important segment of the campus.
Annexation would make Ricks College more vulnerable to the extension
of that street.
Third, before annexation would be completed the city would be
required to publish notice of a hearing and would be required con-
currently with annexation to zone the property in accordance with
that hearing. This is required by the new Local Planning Law and
is contained in Idaho Code 567-6525.
It is entirely possible that the publication of that notice, and the
necessity of a hearing, could embroil Ricks College in controversy
with some local citizens who may oppose the proposed buildings on
this site. A vocal and determined minority can cause considerable
expense and embarrassment by protesting proposed zoning.
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pil,ge 2
As the matter now stands there is no zoning in Madison County,
County wide zoning is now under study but it is probable it will
not be adopted for a number of months.
We understand that buildings to be utilized in the agricultural
program at Ricks College are planned and construction may start this
fall. With the planning and the commencement of construction there
should be no difficulty in obtaining satisfactory zoning for the
area, if it is not annexed.
It is possible that the petition for annexation, with protest,
could result in prolonged hearings and there could be pressure upon
Ricks College to hold up construction until the hearings were com-
pleted.
Fourth, you would have greater assurance of being able to connect
the improvements on the property to city sewer and water were there
annexation. Greater fire protection and police protection could also
result.
Fifth, upon annexation Ricks College could be forced to contribute to
unwanted street or other public improvements in 'the area, for the
benefit of developers, through the technique of a local improvement
district.
Sincerely,
-- I
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Gordon S. Thatcher
11./7'"--.
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