House of
Representatives
HB 2212
statute of frauds; technical correction
(NOW: municipal annexation; waiting period)
Sponsor: Representative McComish
DPAS/E |
Committee on Transportation |
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DPA |
Caucus and COW |
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X |
As Transmitted to the Governor |
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HB 2212 prohibits a city or town from filling a petition for annexation of territory for a period of at least forty-five days after completion of an unsuccessful prior annexation attempt by the same city or town if any territory from the prior unsuccessful annexation attempt is included in the new petition.
History
Current statute (A.R.S. §9-471) states that in order for a municipality to extend and increase its corporate limits by annexation the municipality must file a blank petition in the county recorder’s office that describes and provides an accurate map of all the exterior boundaries of the area proposed to be annexed. After filing the petition, the signatures cannot be obtained for 30 days. During this time, the municipality must hold a public hearing to discuss the annexation proposal.
After the 30 day waiting period is over, the municipality must obtain signatures for the blank petition by the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property that would be subject to taxation by the municipality in the event of annexation. The annexation then becomes final after 30 days from the adoption of the ordinance annexing the territory by the municipality’s governing body.
Provisions
- Prohibits a city or town from filling a petition for annexation of territory for a period of at least forty-five days after completion of an unsuccessful prior annexation attempt by the same city or town if any territory from the prior unsuccessful annexation attempt is included in the new petition.
- Allows a property owner to waive the forty-five day waiting period for their property that was part of the unsuccessful annexation attempt.
- Defines “unsuccessful annexation.”
- Makes technical and conforming changes.
- Contains an emergency clause.
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Forty-seventh Legislature
Second Regular Session 2 April 6, 2006
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