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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
annexation; pre-annexation agreements
Purpose
Allows a city, town or developer to enter into a pre-annexation agreement with a property owner and includes the property owner in the calculation of the minimum number of required annexation petition signatures, regardless of whether the property owner has signed the annexation petition.
Background
A city or town may extend or increase the corporate limits of the city or town by annexing contiguous territory. To annex territory, a city or town must file a petition with the county recorder setting forth a description and accurate map of the territory proposed to be annexed. 30 days after the blank petition is filed with the county recorder, petitions for annexation may be circulated for one year and signed by property owners that would be subject to taxation in the event of annexation. A petition for annexation must be filed with the county recorder and signed by the owners of more than half the value of real and personal property and more than half the real and personal property owners that would be subject to taxation in the event of annexation. If no objection is filed within 30 days, the annexation becomes final upon the adoption of an ordinance by the city or town governing body. The city or town governing body must approve a plan, policy or procedure to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development by the date the governing body adopts the annexation ordinance (A.R.S. § 9-471).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a city, town or developer to enter into a pre-annexation agreement with a property owner in which the property owner agrees to future annexation of an area that includes the property owner's property.
2. Includes, for the purposes of calculating the minimum number of required annexation petition signatures, a property owner who has entered into a pre-annexation agreement regardless of whether the property owner has signed an annexation petition.
3. Specifies that a property owner who enters into a pre-annexation agreement is not required to sign the annexation petition.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2022
MH/slp