Bill Text: AZ HB2330 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Municipalities; deannexation; public right-of-way
Spectrum: Strong Partisan Bill (Republican 12-1)
Status: (Passed) 2014-04-22 - Chapter 146 [HB2330 Detail]
Download: Arizona-2014-HB2330-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2330 |
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AN ACT
Amending sections 9-471.02 and 9-471.03, Arizona Revised Statutes; relating to the extension of corporate limits.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-471.02, Arizona Revised Statutes, is amended to read:
9-471.02. Deannexation of land from one municipality and annexation to another municipality; deannexation of right-of-way from a municipality to a county
A. Notwithstanding any other provision of law to the contrary, territory may be deannexed and severed from one city or town and annexed to another city or town in accordance with the provisions of under this section if the territory which that is deannexed is contiguous to the city or town which that annexes the territory.
B. The governing body of a city or town which that intends to deannex the territory shall by ordinance set forth the legal description of the territory and shall declare the deannexation of the territory contingent upon on the fulfillment of the conditions of this section.
C. The governing body of the city or town which that intends to annex the territory shall by ordinance set forth the legal description of the territory and shall declare the annexation of the territory contingent upon on fulfillment of the conditions of this section.
D. The ordinance passed by each governing body shall be filed with the County board of supervisors which shall set a hearing date of not less than thirty nor more than sixty days from the date of the filing of the ordinances and shall notify the governing body of each city or town of the hearing date at least thirty days prior to the date.
E. The governing body of the city or town desiring to deannex territory shall notify by letter the owner of any real property in the territory to be deannexed at least twenty days before the hearing by the county board of supervisors. Such The notification shall specify that the area is to be deannexed and annexed to another city or town and that such The property shall continue to be subject to any tax lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of the city or town while the property was within the corporate limits. The letter shall state that the property owner may protest the action by letter to the county board of supervisors prior to before the hearing or in person at the hearing. If property owners of fifty‑one percent per cent or more of the land area of the territory to be deannexed protest the action, then the county board of supervisors shall deny the deannexation of the territory. No such If the action so is denied shall It may not be resubmitted to the county board of supervisors for at least one year following such The denial.
F. Upon On determining that the requirements of this section have been satisfied, and upon on the holding of the public hearing and upon on determination that the protests filed are insufficient as defined by this section, the county board of supervisors shall order that the territory be deannexed from one city or town and that the same territory be annexed to another city or town as specified in the two ordinances authorized by this section.
G. The land deannexed and annexed shall not thereby be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the corporate authorities of such the city or town while such the land was within the limits thereof of the city or town and which that remains unpaid, and for the payment of which such the land could be lawfully taxed.
H. Whenever If the governing body or of the city or town which that has deannexed territory shall levy levies a tax upon on the property within such the city or town for the purpose of paying indebtedness incurred before such the deannexation, or any part thereof, and interest thereon, such the governing body shall have the authority to may levy a tax at the same rate and for the same purpose on the land so deannexed territory. In case If the owner of any land so deannexed territory shall pay pays off and discharge discharges a portion of such the indebtedness equal in amount to the same proportion of the indebtedness which that the assessed value of his the owner's land bears to the entire assessed value of all the property subject to taxation for the payment of such the indebtedness, calculated according to the last assessment previous to such the payment, then such the land shall be exempted from further taxation to pay such the indebtedness. Upon such On payment being made, the canceled bonds or other evidences of payment of such the portion of such the indebtedness shall be deposited with the clerk of such the city or town and a certificate shall be given by him the clerk stating that such the payment has been made.
I. Notwithstanding any other law, a public right-of-way that is partially located within a city or town and partially located within the unincorporated area of a county may be deannexed and severed from the city or town and returned to the county pursuant to section 9-471.03. The county board of supervisors shall notify the city or town if the order of the county board of supervisors ordering the deannexation of the public right-of-way is approved.
I. J. A copy of the order of the county board of supervisors ordering the deannexation and annexation of any land described in any city or town, certified by the clerk of the court board, shall be filed for record in the recorder's office of the county in which such the land is situated. Such The record, or a copy of such the order or decree, certified by the clerk of such court the board, shall be proof of the deannexation and annexation of such the land.
Sec. 2. Section 9-471.03, Arizona Revised Statutes, is amended to read:
9-471.03. Return of certain land to county; procedures
A. Notwithstanding any other law, territory may be deannexed, severed and returned to the county by a city or town if the territory is a county owned park, a park operated on public lands by a county as part of a management agreement or land owned by a flood control district.
B. Notwithstanding any other law, a public right-of-way that is partially located within a city or town and partially located within the unincorporated area of a county may be deannexed and severed from the city or town and returned to the county.
B. C. The governing body of a city or town that intends to return the territory or public right-of-way to the A county shall set forth by ordinance the legal description of the territory or public right-of-way and shall declare the deannexation and return of the territory or public right‑of‑way contingent on the fulfillment of the conditions of this section.
D. The board of supervisors that intends to receive the territory or public right-of-way shall set a public hearing to determine if the public interest is served. The determination must include an analysis of the impacts of the requested deannexation.
C. E. If the board of supervisors that intends to receive the territory or public right-of-way determines that the public interest is served by receiving the territory or public right-of-way, the board of supervisors of the county that intends to receive the returned territory shall set forth by ordinance the legal description of the territory or public right-of-way and shall declare the return of the territory or public right‑of-way contingent on fulfillment of the conditions of this section.
D. F. The board of supervisors shall set a public hearing not less than thirty nor more than sixty days after the date the ordinance is filed. The board of supervisors shall notify by certified mail each owner of real property subject to taxation adjacent to the territory or public right-of-way that is proposed to be deannexed at least twenty days before the hearing. On the holding of the public hearing, the board of supervisors may order that the territory or public right-of-way be returned as specified in the ordinance authorized by the city or town.
