2005 Idaho Code - 50-101 — INCORPORATION

                                  TITLE  50
                            MUNICIPAL CORPORATIONS
                                  CHAPTER 1
                              MANNER OF ORIGINAL
                        INCORPORATION -- ORGANIZATION
    50-101.  INCORPORATION. The residents of any unincorporated contiguous
area (village) containing not less than 125 qualified electors may present a
petition signed by a majority of the said electors to the board of
commissioners of the county in which said petitioners reside, praying that
they be incorporated as a city, designating the name they wish to assume and
the metes and bounds of the proposed city.
    Upon the petition to incorporate filed as herein provided, the board of
county commissioners petitioned shall have no jurisdiction to take any action
thereon or enter an order of incorporation, regardless of the number of
petitioners thereon, where the boundaries of the proposed new city approach
any point within one (1) mile of the boundary limits of any existing city of
less than five thousand (5,000) population, within two (2) miles of the
boundary limits of any existing city of five thousand (5,000) but less than
ten thousand (10,000) population, within three (3) miles of the boundary
limits of any existing city of ten thousand (10,000) but less than twenty
thousand (20,000) population, or within four (4) miles of the boundary limits
of any existing city of twenty thousand (20,000) or more population, all
populations as determined by the last official or special United States
census, unless there is first furnished said board of county commissioners
either (a) a certified copy of a resolution of the city council of any
existing city within the above applicable distances of the proposed city
approving said petition for incorporation, or (b) appropriate evidence that
the city council of any existing city within the above applicable distances of
the proposed city, if contiguous or adjacent, has rejected and refused to
annex the area of the proposed city to the existing city upon the petition
made as hereinafter set out. Where the proposed new city area lies within the
applicable distance of one or more cities, all cities must approve the
petition of incorporation. An existing city shall be deemed to have rejected
and refused to annex the contiguous or adjacent area when a petition for
annexation is filed prior to 90 days before the end of any fiscal year, and
the city council, within 60 days after receipt of said petition has not by
appropriate action, declared that such area will be a part of such existing
city, effective not later than the last day of the fiscal year in which said
petition was filed. Such petition shall be signed by a majority of the
inhabitants paying real estate taxes within said area requesting annexation,
contain a certain metes and bounds description of the area set out in the
petition and certify that the area so described falls within the distance
limits herein set forth. The existing city, the petitioners, as herein
provided, or the board of county commissioners is granted the power to
petition the district court for a declaration of the right on any disputes
arising between any of the parties so named hereunder.