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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
incorporation; urbanized areas
Purpose
Modifies requirements for incorporation of communities and urbanized areas.
Background
Statute outlines requirements for the incorporation of communities and urbanized areas. 10 percent of the qualified electors in a community may petition the county board of supervisors (county BOS) for incorporation of the community into a city or town. Prior to obtaining signatures on an incorporation petition, a copy of the petition must be filed with the county recorder or county elections department. Petitioners have 180 days after the date of filing with the county recorder or county elections department to circulate petitions in order to obtain the required number of signatures. Within 60 days of filing an incorporation petition signed by 10 percent of the qualified electors in the community, the county BOS must call an election for incorporation of the community (A.R.S. § 9-101).
An urbanized area includes all territory within three miles of an incorporated city or town with a population of less than 5,000 persons and all territory within six miles of an incorporated city or town that has a population of 5,000 or more persons. An urbanized area may only be incorporated as a city or town, with certain exceptions, if: 1) a resolution is adopted by the city or town causing the urbanized area to exist approving of the proposed incorporation; or 2) an affidavit is filed with the county BOS stating that a petition requesting annexation of the urbanized area has been filed with the city or town causing the urbanized area to exist and has not been approved within 120 days of presentation.
If an urbanized area proposed for incorporation has a population of 15,000 or more persons and that is more than the population of the city or town causing the urbanized area to exist that opposed the proposed incorporation, the county BOS must take action on the initiative petition without a resolution approving the incorporation adopted by the city or town causing the urbanized area to exist (A.R.S. § 9-101.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a community to have the express intent to incorporate the community as a city or town when petitioning the county BOS for incorporation.
2. Requires, for a community petitioning the county BOS for incorporation, a map to be filed with the county BOS before an election for incorporation is called.
3. Requires the map and incorporation petition to be filed simultaneously or within 24 hours of each other.
4. Allows a member of the public to request modifications to the metes and bounds of a community requesting incorporation by presenting alternatives to the petitioners.
5. Allows the metes and bounds included in an incorporation petition to be described by roads that make up the boundaries of the community.
6. Requires petitioners for incorporation, before obtaining signatures on a petition for incorporation, to:
a) publish a copy of the incorporation petition, setting forth the metes and bounds of the community to be incorporated, in a newspaper of general circulation in the area to be affected for two consecutive weeks;
b) submit the statutorily required copy of the incorporation petition to the county recorder or county elections department at least 60 days after publishing notice of the incorporation in a newspaper of general circulation; and
c) submit a copy of the incorporation notice published in a newspaper to the county recorder or county elections department.
7. Requires an incorporation petition to state that petition signers desire for the community to become incorporated as a city or town.
8. Requires a county BOS to authorize the circulation of an incorporation petition no later than the next regularly scheduled county BOS meeting and within 30 days of submission of a proper and legal incorporation petition.
9. Allows petitioners to circulate an incorporation petition for 180 days after approval by the county BOS, rather than 180 days after a copy of the incorporation petition is filed with the county recorder or county elections department.
10. Requires the petitioners for incorporation of an urbanized area that is partially covered by a planned community association (HOA) during the period of declarant control, before obtaining signatures on an incorporation petition, to:
a) notify the principals of all HOAs located within the boundaries of the proposed incorporation;
b) submit the declarant's written permission for incorporation of the urbanized area to the county recorder or county elections department; and
c) submit a list of HOAs that have been notified to the county recorder or county elections department.
11. Requires the list of HOAs that have been notified of a proposed incorporation of an urbanized area to include the:
a) name and mailing address of the owner of the property or developer of each subdivision within the boundaries of the proposed incorporation; and
b) date the owner of the property or developer of each subdivision within the boundaries of the proposed incorporation was notified by the petitioners about the proposed incorporation.
12. Makes technical and conforming changes.
13. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2021
MH/gs