ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FACT SHEET FOR H.B. 2212
statute of frauds; technical correction
(NOW: municipal annexation; waiting period)
Purpose
An emergency measure that requires a 45-day waiting period after an unsuccessful annexation attempt before a municipality can initiate annexation of the same territory.
Background
Annexation is the process by which a city or town may assume jurisdiction over unincorporated territory adjacent to its boundaries. The annexing process begins with a city or town filing a blank petition with the county recorder accurately describing the area to be annexed. An accurate map of the territory is filed with the petition, and the area proposed for annexation may not be altered once the petition is signed.
Following the filing of the blank petition and map is a 30-day waiting period. During the last 10 days of this waiting period, the city or town must hold a public hearing regarding the proposed annexation. Proper notice must be given, including mailed notice to each owner of real and personal property that would be subject to taxation by the city or town if the proposed annexation were to occur. Upon conclusion of the 30-day waiting period, proponents of the annexation may begin collecting signatures favoring the annexation.
Within one year of the expiration of the 30-day waiting period, the signed petition must be filed with the county recorder and city or town clerk. The petitions must be signed by the owners of more than one-half in value of the real and personal property, and by the owners of more than one-half in number of the real and personal property that would be subject to taxation by the city or town if annexation were to occur. Once all of the above steps have been taken, the city or town council must pass an ordinance approving the annexation of the territory for the annexation to be final. The annexation becomes effective 30 days following the adoption of the ordinance.
There is no fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a municipality from filing an annexation petition that includes the same territory as an unsuccessful annexation attempt by the same municipality until 45 days after the completion of the unsuccessful attempt.
2. Authorizes a property owner to waive the 45-day waiting period for the owner’s property that was part of the original unsuccessful annexation.
3. Defines terms.
4. Makes technical changes.
5. Becomes effective on signature of the Governor, if the emergency clause is enacted.
House Action
TRANS 2/23/06 DPA/SE 5-1-0-3
3rd Read 3/9/06 46-13-1-0
Prepared by Senate Research
March 21, 2006
NS/jas