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Committee advances Niota private act to update charter after annexations
Summary
Leader Cochran said the private act cleans up an older Niota private act to reflect recent annexations and development; legal counsel answered members' questions about charter language and residency requirements before the bill was advanced to the State and Local Government committee.
Leader Cochran (speaker 5) told the Private Acts Committee that House Bill 26-61 is a private act to tidy an older charter for the City of Niota after annexations and new development.
"Just a private act," Cochran said, adding the measure is intended to "clean it up" following annexation and development in the city. Cochran described recent expansions of municipal limits to accommodate a large D.R. Horton housing development and commercial property seeking city services.
Representative Pearson and others asked detailed questions about who sets boundaries, whether state review could affect representation, and language in the draft charter about local powers and eligibility. Legal counsel Doug Garrett (speaker 4) said broad powers to regulate local health and safety are typical in charters and interpreted "bona fide" residency to mean actual residents within corporate limits while acknowledging a court could reach a different view.
The committee then voted to advance House Bill 26-61. The clerk recorded 11 ayes, 0 noes, and 1 present not voting; the chair announced the bill goes on to the State and Local Government committee.
