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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
annexation; notice; approval
Purpose
Modifies the petition threshold requirement to extend and increase the corporate limits of a city or town by annexation.
Background
Statute outlines procedures that are required to extend and increase the corporate limits of a city or town by annexation that include: 1) a city or town must file in the office of the county recorder a blank petition setting forth a description and an accurate map of all the exterior boundaries of the territory contiguous to the city or town proposed to be annexed; 2) signatures on petitions filed for annexation must not be obtained for a waiting period of 30 days after filing the blank petition; 3) the governing body of the city or town must hold a public hearing within the last 10 days of the 30 day waiting period to discuss the annexation proposal which must be noticed 6 days prior to the hearing including by first class mail to the chairperson of the board of supervisors; and 4) within one year of the last day of the 30 day waiting period, a petition in writing must be signed by the owners of at least 50 percent in value of the real and personal property and more than 50 percent of all property owners that would be subject to taxation by the city or town in the event of an annexation, as shown by the last assessment of the property.
The annexation must become final after the expiration of 30 days after the adoption of the ordinance annexing the territory by the city or town governing body, provided the annexation ordinance has been finally adopted in accordance with the statutory procedures of territory annexation, subject to review of the court to determine the validity of the annexation ordinance if petitions in objection have been filed (A.R.S. § 9-471).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a city or town to notice its public hearing to discuss an annexation proposal by certified mail, rather than by first class mail, to the chairperson of the county board of supervisors of the county in which there is territory proposed to be annexed.
2. Requires the governing body of the city or town to bear the cost of the certified mail.
3. Requires an annexation petition seeking to extend and increase the corporate limits of a city or town that is located within a county with a population of more than 4,000,000 persons and is not located in more than one county to be signed by:
a) the owners of at least 60 percent in value of the real and personal property; and
b) more than 60 percent of all property owners.
4. Requires an annexation petition seeking to extend and increase the corporate limits of a city or town that is not located entirely within a county with a population of more than 4,000,000 persons to be signed by:
a) the owners of at least 50 percent in value of the real and personal property; and
b) more than 50 percent of all property owners.
5. Requires the written petition that meets the minimum signature requirements to be filed in the office of the county recorder.
6. Makes conforming changes.
7. Becomes effective on the general effective date.
House Action
GOV 1/31/24 DPA 5-3-0-1
3rd Read 2/22/24 31-28-0-0-1
Prepared by Senate Research
March 11, 2024
JT/slp