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REFERENCE TITLE: cities and towns; urbanized areas |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1317 |
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Introduced by Senators Melvin: Harper, Landrum Taylor; Representative Antenori
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AN ACT
amending section 9‑101.01, Arizona Revised Statutes; relating to cities and towns.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-101.01, Arizona Revised Statutes, is amended to read:
9-101.01. Incorporation; urbanized area
A. Notwithstanding any other provisions of law to the contrary, all territory within six miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more as shown by the most recent federal census, and all territory within three miles of any incorporated city or town, as the same now exists or may hereafter be established, having a population of less than five thousand as shown by the most recent federal census the following miles of an incorporated city or town is declared to be an urbanized area:
1. For an incorporated city or town with a population of five hundred thousand or more persons, one mile.
2. For an incorporated city or town with a population of four hundred thousand or more person but less than five hundred thousand persons, two miles.
3. For an incorporated city or town with a population of three hundred thousand or more persons but less than four hundred thousand persons, three miles.
4. For an incorporated city or town with a population of two hundred thousand or more persons but less than three hundred thousand persons, four miles.
5. For an incorporated city or town with a population of one hundred thousand or more persons but less than two hundred thousand persons, five miles.
6. For an incorporated city or town with a population of less than one hundred thousand persons, six miles.
B. No territory within an urbanized area shall hereafter be incorporated as a city or town, and the board of supervisors shall have no jurisdiction to take any action upon on a petition to incorporate a city or town within such area, unless either:
1. There is submitted with the petition for incorporation a resolution adopted by the city or town causing the urbanized area to exist approving the proposed incorporation. ; or
2. There is filed with the board of supervisors an affidavit stating that a proper and legal petition has been presented to the city or town causing the urbanized area to exist requesting annexation of the area proposed for incorporation and such petition has not been approved by a valid ordinance of annexation within one hundred twenty days of its presentation.
C. If such resolution or affidavit is filed with the board of supervisors, the board shall proceed with incorporation of the area.
D. Notwithstanding any other provisions of this section to the contrary, no portion of the territory of any city or town incorporated prior to the effective date of this section before June 20, 1968 shall be declared to be an urbanized area. In the event if any such city or town shall be is declared to have been unlawfully incorporated by the final judgment of a court of competent jurisdiction after the effective date of this section June 20, 1968, all or any portion of the territory thereof of the city or town may be incorporated without regard to any of the provisions of this section, provided if petitions praying for the incorporation thereof of the city or town or petitions praying for the calling of an election for such purpose shall be is filed with the board of supervisors within one year from the date upon on which such the judgment shall become becomes final.