Bill Text: AZ SB1333 | 2011 | Fiftieth Legislature 1st Regular | Engrossed


Bill Title: Cities; towns; deannexation; incorporation

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2011-04-29 - Governor Signed [SB1333 Detail]

Download: Arizona-2011-SB1333-Engrossed.html

 

 

 

Conference Engrossed

 

 

 

 

State of Arizona

Senate

Fiftieth Legislature

First Regular Session

2011

 

 

SENATE BILL 1333

 

 

 

AN ACT

 

amending sections 9‑101.01 and 9‑471, arizona revised statutes; relating to cities and towns.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 9-101.01, Arizona Revised Statutes, is amended to read:

START_STATUTE9-101.01.  Incorporation; urbanized area

A.  Notwithstanding any other provisions of law to the contrary, all territory within six miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more as shown by the most recent federal census persons, and all territory within three miles of any incorporated city or town, as the same now exists or may hereafter be established, having a population of less than five thousand as shown by the most recent federal census persons is declared to be an urbanized area.

B.  Through December 31, 2020, if the city or town causing the urbanized area to exist is in a county in which more than sixty per cent of the population but less than sixty‑five per cent of the population lives in an incorporated city or town and does not approve a legal and proper petition requesting annexation of the area proposed for incorporation by a valid ordinance of annexation within one hundred twenty days of its presentation:

1.  Within one year after the date of the initial annexation causing the urbanized area to exist, all territory within five miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons is declared to be an urbanized area.

2.  Within two years after the date of the initial annexation causing the urbanized area to exist, all territory within four miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons is declared to be an urbanized area.

3.  Within three years after the date of the initial annexation causing the urbanized area to exist, all territory within three miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons is declared to be an urbanized area.

4.  Within four years after the date of the initial annexation causing the urbanized area to exist, all territory within two miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons is declared to be an urbanized area.

5.  Within five years after the date of the initial annexation causing the urbanized area to exist, all territory within one mile of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons is declared to be an urbanized area.

6.  Within six years after the date of the initial annexation causing the urbanized area to exist, no territory bordering the incorporated city or town having a population of five thousand or more persons may be declared to be an urbanized area.

B.  C.  Except as provided in subsection E, no territory within an urbanized area shall hereafter be incorporated as a city or town, and the board of supervisors shall have no jurisdiction to take any action upon on a petition to incorporate a city or town within such area, unless either:

1.  There is submitted with the petition for incorporation a resolution adopted by the city or town causing the urbanized area to exist approving the proposed incorporation. ; or

2.  There is filed with the board of supervisors an affidavit stating that a proper and legal petition has been presented to the city or town causing the urbanized area to exist requesting annexation of the area proposed for incorporation and such petition has not been approved by a valid ordinance of annexation within one hundred twenty days of its presentation.

C.  D.  If such resolution or affidavit is filed with the board of supervisors, the board shall proceed with incorporation of the area.

E.  Through December 31, 2020, if the area proposed for incorporation has a population of fifteen thousand or more persons, is in a county in which more than sixty per cent of the population but less than sixty‑five per cent of the population lives in an incorporated city or town and all of the area proposed for incorporation has a governing board, including a planned community board of directors or a special district board, the board of supervisors shall proceed with incorporation or annexation of the area without a resolution adopted by the city or town causing the urbanized area to exist approving the proposed incorporation or an affidavit filed with the board of supervisors stating that a proper and legal petition has been presented to the city or town causing the urbanized area to exist requesting annexation of the area proposed for incorporation.

D.  F.  Notwithstanding any other provisions of this section to the contrary, no portion of the territory of any city or town incorporated prior to the effective date of this section before June 20, 1968 shall be declared to be an urbanized area.  In the event If any such city or town shall be is declared to have been unlawfully incorporated by the final judgment of a court of competent jurisdiction after the effective date of this section June 20, 1968, all or any portion of the territory thereof of the city or town may be incorporated without regard to any of the provisions of this section,  provided if petitions praying for the incorporation thereof or petitions praying for the calling of an election for such purpose shall be are filed with the board of supervisors within one year from the date upon on which such judgment shall become becomes final.

G.  Through December 31, 2020, subsections B and E of this section do not apply to an area or a portion of an area covered by a planned community association as defined in section 33‑1802 during the period of declarant control unless the declarant grants permission to the party seeking to submit a petition to incorporate pursuant to subsection C of this section. END_STATUTE

Sec. 2.  Section 9-471, Arizona Revised Statutes, is amended to read:

START_STATUTE9-471.  Annexation of territory; procedures; notice; petitions; access to information; restrictions

A.  The following procedures are required to extend and increase the corporate limits of a city or town by annexation:

1.  A city or town shall file in the office of the county recorder of the county in which the annexation is proposed a blank petition required by paragraph 4 of this subsection setting forth a description and an accurate map of all the exterior boundaries of the territory contiguous to the city or town proposed to be annexed, except that a city or town shall not file an annexation petition that includes any territory for which an unsuccessful annexation was attempted by the same city or town until at least forty‑five days after completion of the unsuccessful attempt.  A property owner may waive the forty-five day waiting period for the owner's property that was part of the original unsuccessful annexation.  Notice and a copy of the filing shall be given to the clerk of the board of supervisors and to the county assessor.  The accurate map shall include all county rights‑of‑way and roadways that are within or contiguous to the exterior boundaries of the area of the proposed annexation.  If state land, other than state land utilized as state rights‑of‑way or land held by the state by tax deed, is included in the territory, written approval of the state land commissioner and the selection board established by section 37‑202 shall also be filed.  For the purposes of this paragraph, "unsuccessful annexation" means an annexation attempt that was withdrawn or that was not completed pursuant to this section.

2.  Signatures on petitions filed for annexation shall not be obtained for a waiting period of thirty days after filing the blank petition.

3.  After filing the blank petition pursuant to paragraph 1 of this subsection, the governing body of the city or town shall hold a public hearing within the last ten days of the thirty day waiting period to discuss the annexation proposal.  The public hearing shall be held in accordance with title 38, chapter 3, article 3.1, except that, notwithstanding section 38‑431.02, subsections C and D, the following notices of the public hearing to discuss the annexation proposal shall be given at least six days before the hearing:

(a)  Publication at least once in a newspaper of general circulation, which is published or circulated in the city or town and the territory proposed to be annexed, at least fifteen days before the end of the waiting period.

(b)  Posting in at least three conspicuous public places in the territory proposed to be annexed.

(c)  Notice by first class mail sent to the chairman of the board of supervisors of the county in which the territory proposed to be annexed is located.

(d)  Notice by first class mail with an accurate map of the territory proposed to be annexed sent to each owner of the real and personal property as shown on the list furnished pursuant to subsection G of this section that would be subject to taxation by the city or town in the event of annexation in the territory proposed to be annexed.  For the purposes of this subdivision, "real and personal property" includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property.

4.  Within one year after the last day of the thirty day waiting period a petition in writing signed by the owners of one‑half or more in value of the real and personal property and more than one‑half of the persons owning real and personal property that would be subject to taxation by the city or town in the event of annexation, as shown by the last assessment of the property, may be circulated and filed in the office of the county recorder. For the purposes of this paragraph, "real and personal property" includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property.

5.  No alterations increasing or reducing the territory sought to be annexed shall be made after a petition has been signed by a property owner.

6.  The petitioner shall determine and submit a sworn affidavit verifying that no part of the territory for which the filing is made is already subject to an earlier filing for annexation.  The county recorder shall not accept a filing for annexation without the sworn affidavit.

B.  All information contained in the filings, the notices, the petition, tax and property rolls and other matters regarding a proposed or final annexation shall be made available by the appropriate official for public inspection during regular office hours.

C.  Any city or town, the attorney general, the county attorney, or any other interested party may upon verified petition move to question the validity of the annexation for failure to comply with this section.  The petition shall set forth the manner in which it is alleged the annexation procedure was not in compliance with this section and shall be filed within thirty days after adoption of the ordinance annexing the territory by the governing body of the city or town and not otherwise.  The burden of proof shall be upon the petitioner to prove the material allegations of the verified petition.  No action shall be brought to question the validity of an annexation ordinance unless brought within the time and for the reasons provided in this subsection.  All hearings provided by this section and all appeals therefrom shall be preferred and heard and determined in preference to all other civil matters, except election actions.  In the event more than one petition questioning the validity of an annexation ordinance is filed, all such petitions shall be consolidated for hearing.  If two or more cities or towns show the court that they have demonstrated an active interest in annexing any or all of the area proposed for annexation, the court shall consider any oral or written agreements or understandings between or among the cities and towns in making its determination pursuant to this subsection.

D.  The annexation shall become final after the expiration of thirty days from the adoption of the ordinance annexing the territory by the city or town governing body, provided the annexation ordinance has been finally adopted in accordance with procedures established by statute, charter provisions or local ordinances, whichever is applicable, subject to the review of the court to determine the validity thereof if petitions in objection have been filed.  After adoption of the annexation ordinance, the clerk of the city or town shall provide a copy of the adopted annexation ordinance to the clerk of the board of supervisors of each county that has jurisdiction over the annexed area within sixty days of the annexation becoming final.

E.  For the purpose of determining the sufficiency of the percentage of the value of property under this section, such values of property shall be determined as follows:

1.  In the case of property assessed by the county assessor, values shall be the same as shown by the last assessment of the property.

2.  In the case of property valued by the department of revenue, values shall be appraised by the department in the manner provided by law for municipal assessment purposes.

F.  For the purpose of determining the sufficiency of the percentage of persons owning property under this section, the number of persons owning property shall be determined as follows:

1.  In the case of property assessed by the county assessor, the number of persons owning property shall be as shown on the last assessment of the property.

2.  In the case of property valued by the department of revenue, the number of persons owning property shall be as shown on the last valuation of the property.

3.  If an undivided parcel of property is owned by multiple owners, such owners shall be deemed as one owner for the purposes of this section.

4.  If a person owns multiple parcels of property, such owner shall be deemed as one owner for the purposes of this section.

G.  The county assessor and the department of revenue, respectively, shall furnish to the city or town proposing an annexation within thirty days after a request therefor a statement in writing showing the owner, the address of each owner and the appraisal and assessment of all such property.

H.  Territory is not contiguous for the purposes of subsection A, paragraph 1 of this section unless:

1.  It adjoins the exterior boundary of the annexing city or town for at least three hundred feet.

2.  It is, at all points, at least two hundred feet in width, excluding rights‑of‑way and roadways.

3.  The distance from the existing boundary of the annexing city or town where it adjoins the annexed territory to the furthest point of the annexed territory from such boundary is no more than twice the maximum width of the annexed territory.

I.  A city or town shall not annex territory if as a result of such annexation unincorporated territory is completely surrounded by the annexing city or town.

J.  Notwithstanding any provisions of this article to the contrary, any town incorporated prior to 1950 which had a population of less than two thousand persons by the 1970 census and which is bordered on at least three sides by Indian lands may annex by ordinance territory owned by the state within the same county for a new townsite which is not contiguous to the existing boundaries of the town.

K.  Subsections H and I of this section do not apply to territory which is surrounded by the same city or town or which is bordered by the same city or town on at least three sides.

L.  A city or town annexing an area shall adopt zoning classifications that permit densities and uses no greater than those permitted by the county immediately before annexation.  Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land.

M.  The annexation of territory within six miles of territory included in a pending incorporation petition filed with the county recorder pursuant to section 9‑101.01, subsection D shall not cause an urbanized area to exist pursuant to section 9‑101.01 that did not exist prior to the annexation.

N.  As an alternative to the procedures established in this section, a county right‑of‑way or roadway may be annexed to an adjacent city or town by mutual consent of the governing bodies of the county and city or town if the property annexed is adjacent to the annexing city or town for the entire length of the annexation and if the city or town and county each approve the proposed annexation as a published agenda item at a regular public meeting of their governing bodies.

O.  On or before the date the governing body adopts the ordinance annexing territory, the governing body shall have approved a plan, policy or procedure to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development within ten years after the date when the annexation becomes final pursuant to subsection D of this section.

P.  If a property owner prevails in any action to challenge the annexation of the property owner's property, the court shall allow the property owner reasonable attorney fees and costs relating to the action from the annexing municipality.

Q.  A city or town my annex territory that is a county owned park or a park operated on public lands by a county as part of a management agreement if otherwise agreed to by the board of supervisors.  If the board of supervisors does not agree to the annexation, the county owned park or park operated on public lands by a county as part of a management agreement shall be excluded from the annexation area, notwithstanding subsections H and I of this section.  A county owned park or park operated on public lands by a county as part of a management agreement that is excluded from the annexation area pursuant to this subsection may subsequently be annexed with the permission of the board of supervisors notwithstanding any other provision of this section.  For the purposes of this subsection, "public lands":

1.  Has the same meaning prescribed in section 37‑901.

2.  Does not include lands owned by a flood control district. END_STATUTE

Sec. 3.  Incorporation; urbanized area; revenue sharing; delayed repeal

A.  An area incorporated pursuant to section 9-101.01, subsection E, Arizona Revised Statutes, as amended by this act, shall be subject to the following:

1.  From the date of the incorporation until June 30 next following the incorporation, the amounts distributed by sections 28-6540 and 42-5029, Arizona Revised Statutes, shall be reduced by fifty per cent.

2.  From July 1 next following the incorporation until the following June 30, the amounts distributed by sections 28-5808, 28-6540, 42-5029 and 43-206, Arizona Revised Statutes, shall be reduced by fifty per cent.

B.  This section is repealed from and after December 31, 2020.

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