State Codes and Statutes

State Codes and Statutes

Statutes > Arizona > Title9 > 9-101.01

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 is declared to be an urbanized area.

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 a petition to incorporate a city or town within such area, unless:

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 shall be declared to be an urbanized area. In the event any such city or town shall be declared to have been unlawfully incorporated by the final judgment of a court of competent jurisdiction after the effective date of this section, all or any portion of the territory thereof may be incorporated without regard to any of the provisions of this section, provided petitions praying for the incorporation thereof or petitions praying for the calling of an election for such purpose shall be filed with the board of supervisors within one year from the date upon which such judgment shall become final.