48-2002. Annexation of noncontiguous
property
A. If the statement described in section 48-262, subsection A requests the
annexation of property located within an incorporated city or town but not encompassing
all the territory within the boundaries of the city or town, in addition to the other
requirements of section 48-262, subsection A, the governing body shall approve the
district boundary change impact statement and authorize the circulation of petitions only
if the governing body of the city or town has by ordinance or resolution endorsed the
annexation and the annexation is authorized pursuant to this title.
B. The area within the proposed change does not have to be contiguous to any
boundary of the sanitary district to which it is annexed provided that the property
between the sanitary district and the proposed area to be annexed belongs to the United
States, the state of Arizona or the county wherein the district lies, or is a parcel or
parcels of undeveloped land which is not susceptible of feasibly being provided sewer
service by any other public or private entity presently providing such sewer service
within five miles from the location of the property. The sanitary district may pay the
costs of the extension of its sewer lines across the intervening public land not within
the sanitary district. The extension shall occur at the discretion of the board.
C. In addition to the provisions of subsection A of this section, if the
noncontiguous property to be annexed is within an urbanized area, the governing body
shall obtain the approval, by resolution, from each city or town adjacent to or near by
the urbanized area prior to the urbanized area's annexation. For the purposes of this
subsection, "urbanized area" means the area within three miles of a city or town with a
population of less than five thousand persons according to the most recent United States
decennial census or within six miles of a city or town with a population of five thousand
persons or more according to the most recent United States decennial census.
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