Bill Text: AZ HB2088 | 2017 | Fifty-third Legislature 1st Regular | Engrossed
Bill Title: Incorporation; urbanized areas
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2017-02-21 - Chapter 1 [HB2088 Detail]
Download: Arizona-2017-HB2088-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HOUSE BILL 2088 |
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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 area
A. Notwithstanding any other provisions of law, 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 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 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 percent of the population but less than sixty‑five per cent percent 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 after 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.
C. Except as provided in subsection E or F of this section, 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 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.
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 the petition has not been approved by a valid ordinance of annexation within one hundred twenty days of after its presentation.
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 percent of the population but less than sixty‑five per cent percent 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.
F. If the area proposed for incorporation has a population of fifteen thousand or more persons and that population is more than the population of the city or town that causes the urbanized area to exist and that opposes the proposed incorporation, the board of supervisors shall proceed with incorporation of the area without a resolution approving the proposed incorporation adopted by the city or town causing the urbanized area to exist.
F. G. Notwithstanding any other provisions of this section, no portion of the territory of any city or town incorporated before June 20, 1968 shall be declared to be an urbanized area. If any such city or town is declared to have been unlawfully incorporated by the final judgment of a court of competent jurisdiction after June 20, 1968, all or any portion of the territory of the city or town may be incorporated without regard to any of the provisions of this section if petitions praying for the incorporation thereof or petitions praying for the calling of an election for such purpose are filed with the board of supervisors within one year from after the date on which such the judgment becomes final.
G. H. 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.
