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ARIZONA STATE SENATE

Fifty-Fourth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1303

 

annexation of territory; requirements

Purpose

            Prohibits a city or town from annexing territory if the annexation would result in an unincorporated territory that is completely surrounded by a combination of cities and towns.

Background

            A city or town may extend or increase the corporate limits of the city or town by annexing contiguous territory. To annex territory, a city or town must file a petition with the county recorder setting forth a description and accurate map of the territory proposed to be annexed. 30 days after the blank petition is filed with the county recorder, petitions for annexation may be circulated for one year and signed by property owners that would be subject to taxation in the event of annexation. A petition for annexation must be signed by the owners of more than half the value of real and personal property and more than half the real and personal property owners and filed with the county recorder. If no objection is filed within 30 days, the annexation becomes final upon the adoption of an ordinance by the city or town governing body.

            To be considered contiguous and proper for annexation, a territory must: 1) adjoin the exterior boundary of the annexing city or town for at least 300 feet; 2) be at least 200 feet wide at all points; and 3) have a distance between the location where the annexed territory adjoins the annexing city or town and the farthest point of the annexed territory that is no more than twice the maximum width of the annexed territory. A city or town may not annex territory if it would result in an unincorporated territory that is completely surrounded by the annexing city or town. The requirements relating to contiguousness and the prohibition on the creation of county islands do not apply to territory that is already surrounded by the same city or town or bordered by the same city or town on three sides (A.R.S. § 9-471).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.      Prohibits a city or town from annexing territory if it would result in an unincorporated territory that is surrounded by a combination of the annexing city or town and other cities or towns, rather than prohibiting annexations surrounded solely by the same city or town.

2.      Exempts territory that was completely surrounded by a combination of cities and towns at the time of annexation from contiguousness requirements and the prohibition against county islands resulting from annexation.

3.      Removes the ability of a city or town to annex territory without complying with contiguousness and county island requirements if the territory is bordered by the same city or town on at least three sides.

4.      Makes technical and conforming changes.

5.      Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

·         Applies the exemption from statutory requirements for contiguousness and the prohibition against county islands resulting from annexation to territory that was already completely surrounded by a combination of cities and towns at the time of annexation.

Senate Action

GOV               2/17/20      DP     7-0-0          

Prepared by Senate Research

February 27, 2020

MH/kja