SB1278 - 492R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 9-101, Arizona Revised Statutes, is amended to read:

START_STATUTE9-101. Incorporation; definition

A. When if two‑thirds of the qualified electors residing in a community containing a population of fifteen hundred or more inhabitants or in a community within ten miles of the boundary of a national park or monument that contains a population of five hundred or more persons petition the board of supervisors, setting forth the metes and bounds of the community, and the name under which the petitioners desire to be incorporated, and praying for the incorporation of the community into a city or town, and the board is satisfied that two‑thirds of the qualified electors residing in the community have signed the petition, it shall declare, by an order entered of record, declare the community incorporated as a city or town.

B. When if ten per cent of the qualified electors residing in a community containing a population of fifteen hundred or more persons or in a community within ten miles of the boundary of a national park or monument that contains a population of five hundred or more persons petition the board of supervisors in the manner prescribed in subsection A of this section, praying for the calling of an election for the purpose provided in this section, the board shall within sixty days after filing the petition call the election, and the election shall take place on a date prescribed by section 16‑204 but not more than one hundred eighty days after the petition is filed, except that no such election shall be called within twelve months from the date of a previous election for incorporation of substantially the same territory. Only qualified electors of the community shall vote on this question. If a majority of qualified electors voting thereon votes for incorporation, then the board of supervisors shall declare, by an order entered of record, declare the community incorporated as a city or town.

C. Prior to before obtaining any signatures on a petition required by subsection A or B of this section or section 9‑101.04, a copy of such the petition shall be filed with the county recorder or, in a county having an elections department, with the county elections department. The petition shall state its purpose clearly and concisely and shall be in the form and signed and verified as generally provided for initiative petitions. Petitioners shall have one hundred eighty days from the date of such filing to obtain the required number of signatures.

D. By whichever proceeding the incorporation of a city, or town or senior VILLAGE is accomplished, the order shall designate the name of the city, or town or senior village, and its metes and bounds, and thereafter the inhabitants within the area so defined shall be a body politic and corporate by the name designated.

F. E. An area to be incorporated shall not include large areas of uninhabited, rural or farm lands, but it shall be urban in nature.

G. F. Territory shall not be incorporated if, as a result of such incorporation, unincorporated territory is completely surrounded by incorporated areas nor shall an area to be incorporated exclude interior county streets and roads, unless the board of supervisors approves the exclusion of such territory, streets and roads.

H. G. The board of supervisors shall exclude from the community proposed to be incorporated pursuant to subsection A or B of this section or section 9‑101.04 any territory which has been included in an annexation ordinance adopted by a city, or town or senior VILLAGE pursuant to law after the incorporation petition has been filed pursuant to subsection C of this section. If the remaining community fails to meet the qualifications for incorporation, the board of supervisors shall reject the petition.

E. H. For the purposes of this section, "community" means a locality in which a body of people resides in more or less proximity having common interests in such services as public health, public protection, fire protection and water which bind together the people of the area, and where the people are acquainted and mingle in business, social, educational and recreational activities. START_STATUTE

Sec. 2. Title 9, chapter 1, article 1, Arizona Revised Statutes, is amended by adding sections 9-101.04 and 9-101.05, to read:

START_STATUTE9-101.04. Incorporation of community as a senior village; requirements; process

A. A community may petition the board of supervisors to incorporate as a senior village pursuant to subsection B of this section if:

1. The community has a population of fifteen hundred or more persons, at least eighty‑five per cent of whom are sixty‑two years of age or older.

2. The community contains more than twelve hundred single family residences that include the underlying property.

3. At least fifteen per cent of the land in the community is commercially zoned.

B. If two-thirds of the qualified electors residing in a community meeting the requirements of subsection A of this section petition the board of supervisors, setting forth the metes and bounds of the community, and the name under which the petitioners desire to be incorporated, and praying for the incorporation of the community into a senior village, and the board is satisfied that two-thirds of the qualified electors residing in the community have signed the petition, it shall declare, by an order entered of record, the community incorporated as a senior village.

C. A senior village established pursuant to this section is exempt from section 9-101.01 but all other references in law to city or town apply to senior villages.

D. A senior village is eligible for state shared revenue in the same amount as a city or town except that the county in which the senior village is incorporated shall administer all highway user revenue monies for roads in the senior village.

E. A senior village may later incorporate as a city or town by following the procedures in section 9‑101. A senior village may annex territory pursuant to section 9‑471.

F. A senior village council shall consist of five members elected for two‑year terms, except for the first election where the three candidates receiving the greatest number of votes shall serve two-year terms and the other two candidates shall serve for one year. A village president shall be elected from the three candidates receiving the greatest number of votes by a majority of all elected council members.

G. Other senior village officers elected for two-year terms shall be a village clerk, village treasurer, village constable and village justice of the peace. village council members shall be paid twenty-five dollars per meeting. Other village officers' salaries shall be prescribed by the council and the constable and justice of the peace salaries shall be paid from legal fees.

H. A senior village council has the same powers as town councils, except that no property or sales tax may be levied by a senior village council without two or more public hearings. A senior village council may assess property and sales tax only by approval of a majority of the votes cast at an election held for that purpose.

I. The senior village council shall provide village services by public bid contracts. Other cities or town, counties or private licensed contractors may provide village services, except that a government bid shall not be awarded unless it is at least three per cent lower than a private licensed contractor bid. The senior village council shall post bid requests for contract services and materials before awarding any contracts. END_STATUTE

START_STATUTE9-101.05. Senior village development; requirements; incorporation

a. on application to the county board of supervisors, the board of supervisors may declare a proposed development as a senior VILLAGE DEVELOPMENT if the developer proposes a planned community that is designed to have:

1. A POPULATION OF fifteen hundred or more persons, AT LEAST eighty‑five PER CENT OF WHOM are expected to be sixty‑two YEARS OF AGE OR OLDER.

2. more than twelve hundred SINGLE FAMILY RESIDENCES THAT INCLUDE THE UNDERLYING PROPERTY.

3. at least fifteen per cent of the land in the development commercially zoned.

b. A SENIOR VILLAGE development declared PURSUANT TO THIS SECTION IS EXEMPT FROM SECTION 9-101.01. A senior VILLAGE development is not subject to annexation by a city or town for six years after the board of supervisors declares the development a senior village development

c. If a development is declared a senior village development, the senior village development may be INCORPORATED as a senior village pursuant to section 9‑101.04 only if the registered electors of the community PETITION the board of supervisors to incorporate as a senior VILLAGE within six years after the board of supervisors DECLARES the development a SENIOR village development. END_STATUTE

Sec. 3. Conforming legislation

The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fiftieth legislature, first regular session.