Bill Text: AZ HB2330 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
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-Introduced.html
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REFERENCE TITLE: municipalities; deannexation; public right-of-way |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2330 |
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Introduced by Representatives Livingston, Forese: Allen, Barton, Borrelli, Cardenas, Gowan, Gray, Lovas, Mesnard, Montenegro, Smith, Thorpe
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AN ACT
Amending section 9-471.02, 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 a county may be deannexed and severed from the city or town and returned to the county under this section as follows:
1. The governing body of a city or town that intends to deannex the public right‑of‑way shall by ordinance set forth the legal description of the right‑of‑way and shall declare the deannexation of the right‑of‑way contingent on the fulfillment of the conditions of this section.
2. If the proposed deannexation consists of a public right‑of‑way and the county board of supervisors that intends to receive the public right‑of‑way determines the public interest is served, the county board of supervisors shall by ordinance set forth the legal description of the public right‑of‑way and shall declare the return of the public right‑of‑way by the city or town to the county to be contingent on the fulfillment of the conditions of this section.
3. The ordinance passed by the governing body of the city or town and the ordinance of the county board of supervisors shall be set for a public hearing before the county board of supervisors not less than thirty days after the county board of supervisors acts on the ordinance. The governing body of the city or town desiring to deannex the public right‑of‑way shall notify by letter each owner of real property subject to taxation adjacent to the public right-of-way that is proposed to be deannexed and returned at least twenty days before the hearing by the county board of supervisors. The county board of supervisors shall approve the deannexation and return of the right‑of‑way to the county if it finds that the residents and taxpayers of the county will not be unduly burdened by the deannexation and return of the right‑of‑way and that the deannexation by the city or town and assumption of maintenance by the county is in the best interest of both entities.
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.
