Bill Text: AZ HB2452 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Cities; towns; urbanized areas; incorporation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-04-21 - Senate Consent Calendar April 21, 2010 @ 5:20 PM with Objections [HB2452 Detail]
Download: Arizona-2010-HB2452-Introduced.html
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REFERENCE TITLE: cities; towns; urbanized areas; incorporation |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2452 |
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Introduced by Representative Antenori
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AN ACT
amending section 9‑101.01, 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:
9-101.01. Incorporation; urbanized areas
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, 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 is declared to be an urbanized area.
B. 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 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. If such resolution or affidavit is filed with the board of supervisors, the board shall proceed with incorporation of the area.
D. The territory declared to be an urbanized area pursuant to subsection a is no longer an urbanized area five years after the date of the event by the city or town that caused the urbanized area to exist and subsection b does not apply. The board of supervisors shall proceed with incorporation of the territory pursuant to statute.
D. e. 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 of the city or town or petitions praying for the calling of an election for such purpose shall be is filed with the board of supervisors within one year from the date upon on which such judgment shall become becomes final.
