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
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1333 |
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AN ACT
amending section 9‑101.01, arizona revised statutes; Amending title 9, chapter 4, article 7, Arizona Revised Statutes, by adding section 9‑471.04; 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 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 with a population of more than eight hundred thousand persons but less than one million five hundred thousand persons and does not approve a 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 _____ or more persons, is in a county with a population of more than eight hundred thousand persons but less than one million five hundred thousand persons and 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, this section does not apply to an area covered by a planned community association as defined in section 33‑1802 during the period of declarant control.
Sec. 2. Title 9, chapter 4, article 7, Arizona Revised Statutes, is amended by adding section 9-471.04, to read:
9-471.04. Deannexation of a community; incorporation; definition
A. Notwithstanding any other provisions of law, if ten per cent of the qualified electors residing in a community that contains a population of one thousand five hundred or more persons and that is within a city or town petition the city or town, setting forth the metes and bounds of the community and praying for the call of an election for the purpose of deannexation from the city or town, the city or town within sixty days after the petition is filed shall call the election, and the election shall take place on a date prescribed by section 16‑204 but not more than one hundred eighty days after the petition is filed, except that an election shall not be called within twelve months from the date of a previous election for deannexation of substantially the same territory. Only qualified electors of the community shall vote on this question. If a majority of qualified electors voting on the question vote for deannexation, the city or town shall set forth by ordinance the legal description of the territory and shall declare the deannexation and return of the territory to the county. 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 and shall declare the return of the territory.
B. The land deannexed is not exempt from payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the corporate authorities of the city or town while the land was within the limits of the city or town and that remains unpaid, and for the payment of which land could be lawfully taxed.
C. If the governing body or the city or town that has deannexed territory levies a tax on the property within the city or town for the purpose of paying indebtedness incurred before the deannexation, or any part thereof, and interest thereon, the governing body may levy a tax at the same rate and for the same purpose on the land deannexed. If the owner of any land deannexed pays off and discharges a portion of the indebtedness equal in an amount to the same proportion of the indebtedness that the assessed value of the owner's land bears to the entire assessed value of all the property subject to taxation for the payment of the indebtedness, calculated according to the last assessment previous to the payment, the land is exempt from further taxation to pay the indebtedness. On the payment being made, the canceled bonds or other evidences of payment of the portion of the indebtedness shall be deposited with the clerk of the city or town and the clerk shall give to the owner of the land a certificate stating that the payment has been made.
D. A copy of the order of the board of supervisors ordering the deannexation of any land described in any city or town, certified by the clerk of the court, shall be filed for record in the recorder's office of the county in which the land is situated. The record, or a copy of the order or decree, certified by the clerk of the court, is proof of the deannexation of the land.
E. The qualified electors prescribed in subsection A of this section also may petition the board of supervisors, setting forth the metes and bounds of the community, and the name under which the petitioners desire to be incorporated, and praying for the calling of an election for the purpose of incorporation of the community into a new city or town. Notwithstanding section 9‑101.01, the board, within sixty days after filing the petition, shall call the election for incorporation pursuant to section 9‑101.
F. For the purposes of this section, "community" means a locality in which a body of people resides in more or less proximity having common interests in such services as public health, public protection, fire protection and water that bind together the people of the area, and where the people are acquainted and mingle in business, social, educational and recreational activities.
