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ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1816

 

urbanized areas; incorporation

Purpose

Restores, retroactive to January 1, 2021, the statutory process for the boundaries of an urbanized area to be reduced over a six-year period if certain requirements are met.

Background

            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 board of supervisors 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 that 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 board of supervisors 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.

            Statute outlines a process for the reduction of territory declared an urbanized area if the city or town causing the urbanized area to exist was in a county in which 60 to 65 percent of the population lives in an incorporated city or town and did not approve a legal and proper petition requesting annexation within 120 days of its presentation. Under the statutory process, the boundary of the urbanized area was decreased by one mile each year for a six-year period until no territory bordering the incorporated city or town with a population over 5,000 or more persons could be declared an urbanized area. Statute terminated the authorization of the boundary reduction process for an urbanized are on January 1, 2021 (A.R.S. § 9-101.01).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Restores, retroactive to January 1, 2021, the statutory process for the boundaries of an urbanized area to decrease by one mile every year for six years until no territory bordering the incorporated city or town with a population of 5,000 or more person should be declared an urbanized area.

2.   Restores, retroactive to January 1, 2021, the requirement that a city or town causing an urbanized area to exist be in a county in which 60 to 65 percent of the population lives in an incorporated city or town and does not approve a petition requesting annexation of the urbanized area within 120 days in order for the boundaries of the urbanized area to be reduced over a six-year period.

3.   Becomes effective on the general effective date, retroactive to January 1, 2021.

Prepared by Senate Research

February 11, 2021

MH/gs