ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: GOV DPA 5-3-0-1

HB 2125: annexation; notice; approval

Sponsor: Representative Smith, LD 29

House Engrossed

Overview

Modifies the annexation petition threshold.

History

Current statute outlines the requirements for extending and increasing the corporate limits of a city or town by annexation.  In order to annex territory, the city or town must file in the office of the county recorder a blank petition that sets forth a description and accurate map of all the exterior boundaries of the territory contiguous to the city or town proposed to be annexed (A.R.S. § 9-471).

The governing body of the municipality must hold a public hearing to discuss the annexation proposal where notice must be sent at least six days before the hearing by publication in a newspaper of general circulation, posting in at least three conspicuous public places and by first class mail to the chairperson of the board of supervisors of the county in which the territory proposed to be annexed is located (A.R.S. § 9-471).

Within one year of the last day of the 30-day waiting period, a written petition signed by the owners of one-half or more in value of the real and personal property and more than one-half of the people owning real and personal property that would be subject to taxation by the municipality in the event of annexation may be circulated and filed in the office of the county recorder (A.R.S. § 9-471).

A similar bill was introduced in the 56th Legislature, 1st Regular Session and was vetoed by the Governor (SB 1268 annexation; notice; approval)

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires annexation notices to be sent by certified mail, the cost of which is borne by the governing body of the city or town. (Sec. 1)

2.   Specifies that the written petition that meets signature requirements must be filed in the office of the county recorder. (Sec. 1)

3.   Stipulates that if a petition seeks to extend and increase the corporate limits of a city or town within a county with a population of more than four million people and is not located in more than one county, the signature threshold is 60%. (Sec. 1)

4.   States that if the area to be incorporated is not within a county with a population of four million or more people, the signature threshold is 50% or more. (Sec. 1)

5.   Makes conforming changes. (Sec. 1)

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9.                     HB 2125

10.  Initials SJ Page 0 House Engrossed

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