A.R.S. § 9-928 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 928
9-928 Effect of service as public officer upon pension
Status: in_force

9-928. Effect of service as public officer upon pension

A. A person who has been retired from service under the provisions of this article and awarded compensation in accordance therewith, and who after retirement receives a salary as an officer or employee of the municipality from which he was retired shall forfeit and shall not at any time receive compensation for the period during which he receives a salary as such officer or employee, but upon termination of service as such officer or employee all the rights of the pensioner, other than the right to receive compensation for the period after retirement during which he receives a salary as an officer or employee of the municipality from which he was retired, shall be recognized. In no event shall any person ever be entitled to draw a pension from more than one fund provided for under this article.

B. This section shall not be construed to exclude a person retiring from serving on a board or commission the services for which are paid on a per diem basis.

C. Nothing in this section shall be deemed to amend, modify or repeal the provisions of this article relating to death benefits.
A.R.S. § 9-500.39 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.39
9-500.39 Limits on regulation of vacation rentals and short-term rentals; state preemption; civil penalties; transaction privilege tax license suspension; definitions
Status: in_force

9-500.39. Limits on regulation of vacation rentals and short-term rentals; state preemption; civil penalties; transaction privilege tax license suspension; definitions

A. A city or town may not prohibit vacation rentals or short-term rentals.

B. A city or town may not restrict the use of or regulate vacation rentals or short-term rentals based on their classification, use or occupancy except as provided in this section.  A city or town may regulate vacation rentals or short-term rentals as follows:

1. To protect the public's health and safety, including rules and regulations related to fire and building codes, health and sanitation, transportation or traffic control and solid or hazardous waste and pollution control, if the city or town demonstrates that the rule or regulation is for the primary purpose of protecting the public's health and safety.

2. To adopt and enforce use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, if the ordinance is applied in the same manner as other property classified under sections 42-12003 and 42-12004.

3. To limit or prohibit the use of a vacation rental or short-term rental for the purposes of housing sex offenders, operating or maintaining a sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses.

4. To require the owner of a vacation rental or short-term rental to provide the city or town with emergency contact information for the owner or the owner's designee who is responsible for responding to complaints or emergencies in a timely manner in person if required by public safety personnel, over the phone or by email at any time of day before offering for rent or renting the vacation rental or short-term rental. In addition to any other penalty imposed pursuant to this section, the city or town may impose a civil penalty of up to $1,000 against the owner for every thirty days the owner fails to provide contact information as prescribed by this paragraph. The city or town shall provide thirty days' notice to the owner before imposing the initial civil penalty.

5. To require the owner of a vacation rental or short-term rental to obtain and maintain a local regulatory permit or license.  As a condition of issuance of a permit or license, the application for the permit or license may require an applicant to provide only the following:

(a) The name, address, telephone number and email address for the owner or owner's agent.

(b) The address of the vacation rental or short-term rental.

(c) Proof of compliance with section 42-5005.

(d) Contact information required pursuant to paragraph 4 of this subsection.

(e) Acknowledgment of an agreement to comply with all applicable laws, regulations and ordinances.

(f) A fee not to exceed the actual cost of issuing the permit or license or $250, whichever is less.

6. To require, before offering a vacation rental or short-term rental for rent for the first time, the owner or the owner's designee of a vacation rental or short-term rental to notify all single-family residential properties adjacent to and directly and diagonally across the street from the vacation rental or short-term rental. Notice shall be deemed sufficient in a multifamily residential building if given to residents on the same building floor. A city or town may require additional notification pursuant to this paragraph if the contact information previously provided changes. Notification provided in compliance with this paragraph shall include the permit or license number if required by the city or town, the address of the vacation rental or short-term rental and the information required pursuant to paragraph 4 of this subsection. The owner or the owner's designee shall demonstrate compliance with this paragraph by providing the city or town with an attestation of notification compliance that consists of the following information:

(a) The permit or license number of the vacation rental or short-term rental, if required by the city or town.

(b) The address of each property notified.

(c) A description of the manner in which the owner or owner's designee chose to provide notification to each property subject to notification.

(d) The name and contact information of the person attesting to compliance with this paragraph.

7. To require the owner or owner's designee of a vacation rental or short-term rental to display the local regulatory permit number or license number, if any, on each advertisement for a vacation rental or short-term rental that the owner or owner's designee maintains.  A city or town that does not require a local regulatory permit or license may require the owner or owner's designee of a vacation rental or short-term rental to display the transaction privilege tax license number required by section 42-5042 on each advertisement for a vacation rental or short-term rental that the owner or owner's designee maintains.

8. To require the vacation rental or short-term rental to maintain liability insurance appropriate to cover the vacation rental or short-term rental in the aggregate of at least $500,000 or to advertise and offer each vacation rental or short-term rental through an online lodging marketplace that provides equal or greater coverage.

9. To require the owner of a vacation rental or short-term rental to reside on the property if the property contains an accessory dwelling unit and if a certificate of occupancy, certificate of completion or similar final approval for the accessory dwelling unit was issued by the municipality on or after September 14, 2024.  This paragraph does not apply to an owner of a vacation rental or short-term rental if the property contains an accessory dwelling unit and the certificate of completion, the certificate of occupancy or a similar final approval for the accessory dwelling unit was issued on or before September 13, 2024.

C. A city or town that requires a local regulatory permit or license pursuant to this section shall issue or deny the permit or license within seven business days of receipt of the information required by subsection B, paragraph 5 of this section and otherwise in accordance with section 9-835, except that a city or town may deny issuance of a permit or license only for any of the following:

1. Failure to provide the information required by subsection B, paragraph 5, subdivisions (a) through (e) of this section.

2. Failure to pay the required permit or license fee.

3. At the time of application the owner has a suspended permit or license for the same vacation rental or short-term rental.

4. The applicant provides false information.

5. The owner or owner's designee of a vacation rental or short-term rental is a registered sex offender or has been convicted of any felony offense that resulted in death or serious physical injury or any felony use of a deadly weapon within the past five years.

D. A city or town that requires a local regulatory permit or license pursuant to this section shall adopt an ordinance to allow the city or town to initiate an administrative process to suspend a local regulatory permit or license for a period of up to twelve months for the following verified violations associated with a property:

1. Three verified violations within a twelve-month period, not including any verified violation based on an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health and safety.

2. One verified violation that results in or constitutes any of the following:

(a) A felony offense committed at or in the vicinity of a vacation rental or short-term rental by the vacation rental or short-term rental owner or owner's designee.

(b) A serious physical injury or wrongful death at or related to a vacation rental or short-term rental resulting from the knowing, intentional or reckless conduct of the vacation rental or short-term rental owner or owner's designee.

(c) An owner or owner's designee knowingly or intentionally housing a sex offender, allowing offenses related to adult-oriented businesses, sexual offenses or prostitution, or operating or maintaining a sober living home, in violation of a regulation or ordinance adopted pursuant to subsection B, paragraph 3 of this section.

(d) An owner or owner's designee knowingly or intentionally allowing the use of a vacation rental or short-term rental for a special event that would otherwise require a permit or license pursuant to a city or town ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use.

3. Notwithstanding paragraphs 1 and 2 of this subsection, any attempted or completed felony offense, arising from the occupancy or use of a vacation rental or short-term rental, that results in a death, or actual or attempted serious physical injury, shall be grounds for judicial relief in the form of a suspension of the property's use as a vacation rental or short-term rental for a period of time that shall not exceed twelve months.

E. A city or town that requires sex offender background checks on a vacation rental or short-term rental guest shall waive the requirement if an online lodging marketplace performs a sex offender background check of the booking guest.

F. Notwithstanding any other law, a city or town may impose a civil penalty of the following amounts against an owner of a vacation rental or short-term rental if the owner receives one or more verified violations related to the same vacation rental or short-term rental property within the same twelve-month period:

1. Up to $500 or up to an amount equal to one night's rent for the vacation rental or short-term rental as advertised, whichever is greater, for the first verified violation.

2. Up to $1,000 or up to an amount equal to two nights' rent for the vacation rental or short-term rental as advertised, whichever is greater, for the second verified violation.

3. Up to $3,500 or up to an amount equal to three nights' rent for the vacation rental or short-term rental as advertised, whichever is greater, for a third and any subsequent verified violation.

G. A vacation rental or short-term rental that fails to apply for a local regulatory permit or license in accordance with subsection B, paragraph 5 of this section, within thirty days of the local regulatory permit or license application process being made available by the city or town issuing such permits or licenses, must cease operations.  In addition to any civil penalties imposed pursuant to subsection F of this section, a city or town may impose a civil penalty of up to $1,000 per month against the owner if the owner or owner's designee fails to apply for a regulatory permit or license within thirty days after receiving written notice of the failure to comply with subsection B, paragraph 5 of this section.

H. If multiple verified violations arise out of the same response to an incident at a vacation rental or short-term rental, those verified violations are considered one verified violation for the purpose of assessing civil penalties or suspending the regulatory permit or license of the owner pursuant to this section.

I. If the owner of a vacation rental or short-term rental has provided contact information to a city or town pursuant to subsection B, paragraph 4 of this section and if the city or town issues a citation for a violation of the city's or town's applicable laws, regulations or ordinances or a state law that occurred on the owner's vacation rental or short-term rental property, the city or town shall make a reasonable attempt to notify the owner or the owner's designee of the citation within seven business days after the citation is issued using the contact information provided pursuant to subsection B, paragraph 4 of this section.  If the owner of a vacation rental or short-term rental has not provided contact information pursuant to subsection B, paragraph 4 of this section, the city or town is not required to provide such notice.

J. This section does not exempt an owner of a residential rental property, as defined in section 33-1901, from maintaining with the assessor of the county in which the property is located information required under title 33, chapter 17, article 1.

K. A vacation rental or short-term rental may not be used for nonresidential uses, including for a special event that would otherwise require a permit or license pursuant to a city or town ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use.

L. For the purposes of this section:

1. "Accessory dwelling unit" has the same meaning prescribed in section 9-461.18.

2. "Online lodging marketplace" has the same meaning prescribed in section 42-5076.

3. "Transient" has the same meaning prescribed in section 42-5070.

4. "Vacation rental" or "short-term rental":

(a) Means any individually or collectively owned single-family or one-to-four-family house or dwelling unit or any unit or group of units in a condominium or cooperative that is also a transient public lodging establishment or owner-occupied residential home offered for transient use if the accommodations are not classified for property taxation under section 42-12001.

(b) Does not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or another similar use.

5. "Verified violation" means a finding of guilt or civil responsibility for violating any state law or local ordinance relating to a purpose prescribed in subsection B, D, F or K of this section that has been finally adjudicated.
A.R.S. § 9-464.01 — Arizona Code / Title 9 / Chapter 4 / Article 6.3 / Section 464.01
9-464.01 Open space land acquisition
Status: in_force

9-464.01. Open space land acquisition

The acquisition of interests or rights in real property for the preservation of open spaces or areas constitutes a public purpose for which public funds may be expended or advanced.
A.R.S. § 9-823 — Arizona Code / Title 9 / Chapter 7 / Article 3 / Section 823
9-823 Registration of voters; change of registration
Status: in_force

9-823. Registration of voters; change of registration

A. A city or town by ordinance or resolution in writing may provide for and require a registration of the voters of the city or town. The registration may be required every two years, and shall begin within sixty days before, and shall be closed ten days before, the regular city or town election.

B. The registration shall show:

1. The name in full of each registered voter.

2. The appropriate title of the voter and that the voter is eighteen years of age or over.

3. Place of birth.

4. Place of residence by street and number, or ward.

5. The date of entry of the registration on the register.

C. The voter may change the voter's place of residence as recorded on the register at any time before the closing of the register.

D. No person shall vote at any election in any district except the one in which the person has lived for at least ten days next preceding the election and as shown on the register.

E. Notwithstanding this section or sections 9-824, 16-104 and 16-105, no city or town may maintain a local voter registration list after July 1, 1985 if the county recorder of the county in which such city or town is located complies with section 16-172.
A.R.S. § 9-835 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 835
9-835 Licensing time frames; compliance; consequence for failure to comply with time frame; exemption
Status: in_force

9-835. Licensing time frames; compliance; consequence for failure to comply with time frame; exemption

A. For any new ordinance or code requiring a license, a municipality shall have in place an overall time frame during which the municipality will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the municipality's website or the website of an association of cities and towns if the municipality does not have a website.

B. A municipality that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the municipality will either grant or deny each type of license that it issues.  The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the municipality's website or the website of an association of cities and towns if the municipality does not have a website.  Municipalities shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public.

C. In establishing time frames, municipalities shall consider all of the following:

1. The complexity of the licensing subject matter.

2. The resources of the municipality.

3. The economic impact of delay on the regulated community.

4. The impact of the licensing decision on public health and safety.

5. The possible use of volunteers with expertise in the subject matter area.

6. The possible increased use of general licenses for similar types of licensed businesses or facilities.

7. The possible increased cooperation between the municipality and the regulated community.

8. Increased municipal flexibility in structuring the licensing process and personnel including:

(a) Adult businesses and other licenses that are related to the first amendment.

(b) Master planned communities.

(c) Suspension of the substantive and overall time frames for purposes including delays caused by the need for public hearings, state or federal licenses or approvals from public utilities on residential or commercial development projects.

9. That the substantive review time frames and overall time frames do not include the time required for an applicant to obtain other nonmunicipal licenses or to participate in meetings as required by law.

10. The time frames prescribed in section 9-470.01.

D. A municipality shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the municipality, each department may issue a written or electronic notice of administrative completeness or deficiencies.

E. If a municipality determines that an application for a license is not administratively complete, the municipality shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D of this section. If the municipality issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the municipality receives the missing information from the applicant. The municipality may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the municipality, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information.

F. If a municipality does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a municipality issues a timely written or electronic notice of deficiencies, an application is not complete until all requested information has been received by the municipality. A municipality may consider an application withdrawn if, by fifteen days or more after the date of notice, as established by the municipality, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period.

G. During the substantive review time frame, a municipality may make one comprehensive written or electronic request for corrections. If the municipality identifies legal requirements that were not included in the comprehensive request for corrections, the municipality may amend the comprehensive request for corrections once to include the legal requirements and the legal authority for the requirements. Within ten working days after a request by the applicant, the municipality shall meet or discuss with the applicant the request for corrections and provide sufficient information and instruction to allow the applicant to provide the requested corrections. If the permit sought requires approval of more than one department of the municipality, each department may issue a comprehensive written or electronic request for corrections. If the applicant fails to resolve an issue identified in a request for corrections, the municipality may make supplemental written or electronic requests for corrections that are limited to issues previously identified in a comprehensive request for corrections. If a municipality issues a comprehensive written or electronic request or a supplemental request for corrections, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the municipality receives the corrections from the applicant. If an applicant requests significant changes, alterations, additions or amendments to an application that are consistent with the purposes of the original application and that are not in response to the request for corrections, a municipality may make one additional comprehensive written or electronic request for corrections and may have not more than an additional fifty percent of the substantive review time frame as established by the municipality for that license to grant or deny the license. Nothing shall prevent communication between a municipality and an applicant regarding a comprehensive written or electronic request for corrections or a supplemental request for corrections. Except for an application submitted pursuant to chapter 4, article 6 or 6.1 of this title, a municipality may not deny a residential license application that is necessary for land development or building construction unless the municipality considers the application withdrawn or the municipality has notified the applicant and the property owner within fifteen working days after the submission of the application that the application may be subject to denial because of excessive substantive deficiencies. A municipality may consider an application withdrawn if, by thirty days or more after the date of notice, as established by the municipality, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period.

H. Nothing shall prevent the municipality from continuing to process the application during the suspension of the substantive review time frame and overall time frame.

I. By mutual written or electronic agreement, a municipality and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed fifty percent of the overall time frame.

J. Unless a municipality and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection I of this section, a municipality shall issue a written or electronic notice granting or denying a license to an applicant.  If a municipality denies or withdraws an application for a license, the municipality shall include in the written or electronic notice at least the following information:

1. Justification for the denial or withdrawal with references to the statutes, ordinances, codes or substantive policy statements on which the denial or withdrawal is based.

2. An explanation of the applicant's right to appeal the denial or withdrawal. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial or withdrawal and the name and telephone number of a municipal contact person who can answer questions regarding the appeals process.

3. An explanation of the applicant's right to resubmit the application, the total amount of fees that will be assessed if the applicant resubmits the application and the method in which those fees were calculated.

K. If a municipality makes more than one comprehensive written or electronic request for corrections and one supplemental written or electronic request for corrections to a license application necessary for residential building construction or land development limited to previously identified issues or in response to modifications made by the applicant or does not issue the applicant the written or electronic notice granting, conditionally granting or denying a license within the overall time frame or within the mutually agreed on time frame extension, the municipality shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The municipality shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The municipality shall continue to process the application. Notwithstanding any other statute, the municipality shall make the refund from the fund in which the application fees were originally deposited. The right to receive a refund of fees charged for reviewing and acting on the application for the license may not be waived by an applicant.

L. If an application for a license is denied and the applicant resubmits the application for the same purposes with only revisions or corrections to the original application, the municipality shall not assess any additional application fees that exceed the cost of processing the resubmitted revisions or corrections. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently.

M. If an application for a license is withdrawn and the applicant resubmits the application for the same purpose, the municipality shall not assess any additional application fees that exceed fifty percent of the original application fees that have not been refunded to the applicant. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently.

N. A municipality may not modify, rescind or request any subsequent modifications or revisions to an approved plan or permit for residential land development or residential building construction during construction if the construction is done in accordance with the approved plan or permit unless the modification, rescission or revision is any of the following:

1. Required to address a field condition that was unknown when the plan or permit was reviewed.

2. Made at the request of the applicant, the applicant's designee or a subsequent owner or owner's designee if the property that is the subject of the approved plan or permit changes ownership. For the purposes of this paragraph, "applicant" means a person that is seeking approval or has received approval from a municipality for construction or land development activities.

3. Made by the municipality to correct noncompliance with a code requirement unless the code requirement was identified before the plan was approved and the municipality made a decision or interpretation on which the approval was based.

O. This section does not apply to a license that is issued within seven working days after receipt of the initial application or a permit that expires within twenty-one working days after issuance.
A.R.S. § 9-500.14 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.14
9-500.14 Use of city or town resources or employees to influence elections; prohibition; civil penalty; definitions
Status: in_force

9-500.14. Use of city or town resources or employees to influence elections; prohibition; civil penalty; definitions

A. A city or town shall not spend or use its resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value of the city or town, for the purpose of influencing the outcomes of elections. Notwithstanding this section, a city or town may distribute informational pamphlets on a proposed bond election as provided in section 35-454 if those informational pamphlets present factual information in a neutral manner. Nothing in this section precludes a city or town from reporting on official actions of the governing body.

B. The prohibition on the use of public resources to influence the outcome of bond, budget override and other tax-related elections includes the use of city-focused or town-focused promotional expenditures that occur after an election is called and through election day. This prohibition does not include routine city or town communications.

C. This section does not prohibit the use of city or town resources, including facilities and equipment, for government-sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.

D. Employees of a city or town shall not use the authority of their positions to influence the vote or political activities of any subordinate employee.

E. The attorney general or the county attorney of the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the city or town is located for the purpose of complying with this section.

F. For each violation of this section, the court may impose a civil penalty not to exceed five thousand dollars plus any amount of misused funds subtracted from the city or town budget against a person who knowingly violates or aids another person in violating this section. The person determined to be out of compliance with this section is responsible for the payment of all penalties and misused funds. City or town funds or insurance payments shall not be used to pay these penalties or misused funds.  All misused funds collected pursuant to this section shall be returned to the city or town whose funds were misused.

G. Nothing contained in this section shall be construed as denying the civil and political liberties of any employee as guaranteed by the United States and Arizona Constitutions.

H. For the purposes of this section:

1. "Government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.

2. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.

3. "Misused funds" means city or town monies or resources used unlawfully as proscribed by this section.

4. "Routine city or town communications" means messages or advertisements that are germane to the functions of the city or town and that maintain the frequency, scope and distribution consistent with past practices or are necessary for public safety.
A.R.S. § 9-923 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 923
9-923 Contents of fund; choice of method of payment by municipality
Status: in_force

9-923. Contents of fund; choice of method of payment by municipality

A. The police pension fund shall consist of:

1. Five per cent of the compensation paid to each member of the department to be deducted from each salary warrant issued in payment for the services of a member, which shall be refunded to any member who is discharged or otherwise separated from the service, with interest at the rate of two per cent per annum.

2. An equal amount to be paid by the city or town in which the pension fund is established, and not to be refunded.

3. All monies received from fines imposed upon members of the department for violation of the rules.

4. All rewards given or paid to members of the department.

5. Ten per cent of all monies received from municipal licenses or permit fees for keeping places wherein spirituous, malt, or other intoxicating liquors are sold in cities or towns within the provisions of this article.

6. Twenty-five per cent of all monies received from the licensing of pawnbrokers, second-hand dealers, junk dealers, billiard-hall keepers, pool or pigeon-hole table keepers and card-room keepers, in cities and towns within the provisions of this article.

7. Twelve and one-half per cent of all monies collected as fines for violating city or town ordinances in cities or towns within the provisions of this article.

8. Earnings upon the deposit, loan or investment of the fund.

9. Monies received from taxes levied by the state for support of the fund.

10. Contributions which shall be made to the fund by the municipality annually pursuant to the advice and as recommended by the actuary provided for in section 9-921. The governing body shall provide for the payment of the contributions from the general fund of the municipality.

B. The governing body may elect to place the percentages of annual monies received under this section into the general fund of the municipality. If the governing body so elects, then upon the basis of each actuarial determination and appraisal provided for in this article, the board shall prepare an estimate of the amounts necessary to be appropriated by the municipality to provide for the payment in full of all obligations accruing during the ensuing fiscal year. The governing body shall cause to be included annually in the budget a sum sufficient to provide for such obligations of the city or town.

C. The treasurer or other comptroller of the municipality shall pay annually from the general fund of the municipality such sums into the police pension fund as shall be determined by actuarial determination.
A.R.S. § 9-497 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 497
9-497 Authority to procure liability insurance covering officers, agents and employees
Status: in_force

9-497. Authority to procure liability insurance covering officers, agents and employees

Cities and towns may expend public funds to procure liability insurance covering their officers, agents, and employees while employed in governmental or proprietary capacities.
A.R.S. § 9-276 — Arizona Code / Title 9 / Chapter 2 / Article 4 / Section 276
9-276 Additional powers of cities
Status: in_force

9-276. Additional powers of cities

A. In addition to the powers already vested in cities by their respective charters and by general law, cities and their governing bodies may:

1. Lay out and establish, regulate the use, open, vacate, alter, widen, extend, grade, pave, plant trees or otherwise improve streets, alleys, avenues, sidewalks, parks, public grounds and off-street parking sites and acquire any property necessary or convenient for that purpose by the exercise of the right of eminent domain.

2. Prevent and remove encroachments or obstructions, provide for lighting and cleaning, and regulate the openings for the laying of gas and water pipes and mains on streets, alleys, avenues, sidewalks, parks and public grounds.

3. Build and repair sewers, tunnels and drains.

4. Erect lights, gas or otherwise.

5. Regulate the erection of poles and wires, the laying of street railway tracks, and the operating of street railways in and upon its streets, alleys, public grounds and plazas.

6. Regulate the use of sidewalks and all structures thereunder, and require the owner or occupant of premises to keep the sidewalks in front of or along the premises free from obstruction.

7. Regulate and prevent the throwing of offensive material in and prevent injury to any street, way, alley or public grounds.

8. Construct and keep in repair bridges, viaducts, tunnels, culverts, drains, sewers and cesspools, and regulate their use.

9. Provide for the cleaning and purification of waters, watercourses and canals, and the draining or filling of ponds on private property when necessary to prevent or abate nuisances.

10. Establish markets and market houses, and regulate their use.

11. Regulate the sale of meats, poultry, fish, butter, cheese, lard, fruit, vegetables and other provisions, and provide for and regulate the inspection and the place and manner of selling them, and provide for the inspection of hay, grain, flour, meal and other provisions.

12. Regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers and gutters.

13. Regulate partition fences and party walls and regulate the construction and location of buildings, walls and fences on the line of a street, way or alley.

14. Prescribe the thickness, strength and manner of constructing stone, brick and other buildings, and construction of fire escapes.

15. Fix and designate by ordinance fire limits within which no buildings having outside wooden walls shall be constructed or repaired so as to increase their value beyond a percentage to be fixed in the ordinance, and, by ordinance, prescribe special fire limits, within the general fire limits, requiring therein building material to be used and additional precautions to be observed in the construction of new buildings, and in the repairing and maintenance of buildings, as may from time to time be designated, for the prevention of fires and the spread thereof, and provide for the enforcement of the ordinance and for the appointment of a building inspector, his authority, his term of office and his compensation.

16. Define nuisances and abate them, and impose fines upon persons creating or continuing nuisances.

17. Appoint a board of health, and prescribe its powers and duties.

18. Prohibit an offensive or unwholesome business or establishment within two miles of the limits of the corporation.

19. Compel the owner of any unwholesome or nauseous house or place to clean, abate or remove it, and regulate the location thereof.

20. Extend by condemnation or otherwise any street, alley or highway over or across, or construct a sewer under or through, any railroad track, right-of-way or land of a railroad within its corporate limits, but where no just compensation is made to the railroad company, the city shall restore the railroad track, right-of-way or land to its former state, or in a manner so as not to impair its usefulness.

21. Establish and define sewer districts and construct sewers therein.

22. Establish and alter the grade of streets, alleys and sidewalks, and regulate the manner of using the streets and pavements in the city to protect them from injury by vehicles driven thereon. No street or sidewalk grade shall be altered after it has once been established and built unless compensation is made to abutting owners for damages done to their property by the change.

23. Make local improvements by special assessments, by special taxation or otherwise, as they shall by ordinance prescribe.

24. Adopt and enforce standards for shielding and filtration of commercial or public outdoor portable or permanent light fixtures in proximity to astronomical or meteorological laboratories.

B. A domestic corporation or association organized for the purpose of manufacturing gas to supply cities, or their inhabitants, or to supply cities, or their inhabitants, with water, or for the purpose of furnishing cities and the inhabitants with a sewer system, may, by consent of the governing body, erect and establish gas factories, waterworks and sewer plants, and lay down pipes in the streets, alleys, plazas and ways of a city, subject to such rules and regulations as the city shall by ordinance impose.
A.R.S. § 9-529 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 529
9-529 Form of bonds; payment and call; interest; sale; bids; interim receipts; rates and procedures; definition
Status: in_force

9-529. Form of bonds; payment and call; interest; sale; bids; interim receipts; rates and procedures; definition

A. Bonds issued under this article shall be fully negotiable within the meaning and for all purposes of title 47.  They may be in one or more series, may bear dates, may be payable in a medium of payment, at places, may carry registration privileges, shall be executed in a manner, may contain other terms, covenants and conditions, and shall be in a form as the governing body may by resolution prescribe.  They shall be payable at one time, or from time to time, in a manner and in maturities not longer than thirty years from their date as the governing body may prescribe.  Any or all of the bonds may be callable at times, on terms and in a manner as the governing body by resolution may prescribe.

B. Any or all of the bonds may be sold by calling for bids at public sale, through an on-line bidding process, under an accelerated bidding process or by negotiated sale.  If sold under an accelerated bidding process, the bonds shall be sold at the lowest cost the governing body deems then available after having received at least three pricing quotations from recognized purchasers of bonds of the type being sold, and if sold at public sale or through an on-line bidding process to the person offering the best bid.

C. The bonds may be sold below, at or above par.  If the bonds are sold below par, the aggregate amount of discount plus interest to be paid on the bonds must not exceed the amount of interest that would be payable on the bonds over the maturity schedule prescribed by the governing body at the maximum rate set out in the resolution calling the election at which the bonds were voted.

D. If sold at public sale, the governing body shall call for bids by giving notice of the sale at least once a week for two successive weeks in cities having a population of fifteen thousand or more persons, and once a week for four successive weeks in all other cities and towns by publication in a newspaper of general circulation within the county. The notice shall be in the form the governing body prescribes.  If bonds are sold through an on-line bidding process, bids for the bonds that are entered into the system may be concealed until a specified time or disclosed in the on-line bidding process, may be subject to improvement in favor of the municipality before a specified time and may be for an entire issue of bonds or specified maturities according to the manner, terms and notice provisions ordered by the governing body.  These bids shall be for the entire bond issue unless the governing body by resolution allows bidding in parcels for less than the entire issue.

E. Notwithstanding any other provision of this section, bonds may be sold to natural persons residing in this state by negotiated sale on terms the governing body deems to be the best then available and may bear interest payable at such times as determined by the governing body.  The bonds may be sold below, at or above par, but if an issue of bonds is sold below par, the aggregate amount of discount plus interest to be paid on the bonds must not exceed the amount of interest that would be payable on the bonds over the maturity schedule prescribed by the governing body at the maximum rate set out in the resolution calling the election at which the bonds were voted.

F. Pending preparation of the definitive bonds, interim receipts or certificates may be issued to the purchasers of the bonds in a form and with provisions as the governing body may determine.

G. Bonds issued by municipalities may bear interest at any rate or rates not in excess of the maximum rate of interest set forth in the resolution calling the election, payable at the times determined by the governing body, provided that each bond may be evidenced by one instrument, or if commercial paper by a succession of instruments each bearing interest payable only at maturity. Bonds or commercial paper issued under this article shall be subject to the following:

1. The bonds may bear interest at a fixed, variable or combination rate, none of which exceeds the maximum rate of interest set forth in the resolution calling the election.

2. A variable rate shall be based on any objective measure of the current value of money borrowed such as the announced prime rate of a bank, the rates borne by obligations of the United States or an index or other formula provided for by the governing body. The governing body shall employ a recognized agent in municipal bonds to market and remarket the bonds or commercial paper issued and to establish an interest rate in accordance with the approved index or formula.

3. The governing body may grant to the owner of any bond a right to tender or may require the tender of the bond for payment or purchase at one or more times before maturity and may enter into appropriate agreements with any bank, other financial institution, insurance company or indemnity company for the purchase of bonds so tendered.  The agreement may provide that while the bonds are held by the bank, financial institution, insurance company or indemnity company the bonds may bear interest at a rate higher than when the bonds are held by other owners, but not in excess of the maximum rate of interest set forth in the resolution calling the election.

4. If bonds are tendered before maturity under an agreement to pay for or purchase bonds when tendered, the municipality may provide for the purchase and resale of the bonds pursuant to the tenders without extinguishing the obligation represented by them or incurring a new obligation on the resale, whether or not the bonds are represented by the same instruments when purchased as when resold.

5. Compensation for the resale of the bonds shall not be based on or measured by the difference between the price at which the bonds are purchased and the price at which they are resold.

6. The governing body may:

(a) Contract with a bank, other financial institution, insurance company or indemnity company to provide additional security for the bonds in the form of a line of credit, letter of credit, insurance policy or other security.

(b) Pay the costs of the additional security from amounts provided in the bond issue or from other available sources and may enter into reimbursement obligations in connection with the cost of the additional security.

7. Any reimbursement obligation entered into with the bank, financial institution, insurance company or indemnity company shall not provide for the payment of interest in excess of the maximum rate of interest set forth in the resolution calling the election. The reimbursement obligation does not constitute a general obligation of the municipality and is payable from the same source as the bonds, or from other available revenues, as determined by the governing body. However, use of other available revenues does not create an indebtedness under article IX, section 8, Constitution of Arizona.

8. Variable rate bonds and commercial paper may be sold at competitive public sale, through an on-line bidding process or at negotiated sale. A competitive public sale may be accomplished pursuant to a notice of sale published at the times and in the manner provided in this section.  The notice shall provide terms and conditions as may be determined by the governing body.

9. If bonds are to be issued in the form of commercial paper, the governing body shall first establish the schedule for the maturities of the bonds within the maximum period permitted by the voted proposition. The individual instruments representing the bonds may mature over shorter periods and may be retired before maturity with proceeds of subsequent instruments, or with the proceeds of definitive bonds, but they shall be finally paid according to the schedule of bond maturities or earlier.

10. Bonds issued in the form of commercial paper may be sold through an agent in the form of instruments which mature at intervals the agent determines to be most advantageous to the issuer after giving public notice to potential investors as determined by the governing body.

11. Bonds may be issued as compound interest bonds bearing interest payable only at maturity but compounded periodically until that date at a fixed rate no higher than the rate set forth in the resolution calling the election.

H. For purposes of this section, "on-line bidding process" means a procurement process in which the governing body receives bids electronically over the internet in a real-time, competitive bidding event.
A.R.S. § 9-122 — Arizona Code / Title 9 / Chapter 1 / Article 2 / Section 122
9-122 Unification of a city and a town
Status: repealed

9-122. Unification of a city and a town

A. If the common council of a city and the common council of a town whose boundaries are within five miles of each other at one or more points pass a resolution requesting an election for the purpose of unifying the city and the town into one incorporated city, and a petition is received from the unincorporated areas that separate the city or town boundaries or are contiguous to the boundaries and is signed by at least ten per cent of the qualified electors in such unincorporated area, within sixty days, the board of supervisors of the county shall adopt a resolution calling an election on the question of the unification and the question of the name of the new proposed city.  The election shall be held on a date prescribed by section 16-204 but not more than one hundred eighty days after the county resolution is filed.  The resolution shall set forth the following:

1. The date on which the election is to be held.

2. The places where votes may be cast.  At least one place shall be designated within the corporate limits of the city and the town and the unincorporated area proposing the unification.

3. The hours between which the polling places will be open.

4. The name of the proposed unified city.

B. The election resolution shall be published in full at least once, not less than thirty nor more than sixty days before the date of the election, in a newspaper published in the county.  If there is no such newspaper, the resolution shall be posted in five conspicuous places in each of the municipalities and the affected unincorporated areas not less than thirty nor more than sixty days before the date of the election.

C. At the election, the ballot shall contain and may be limited to the phrases "for the unification" and "against the unification".  A square approximately the size of the squares placed opposite the names of candidates on ballots shall be placed to the right of and opposite each phrase.  A voter shall indicate a vote for the unification or against the unification by marking the ballot pursuant to the ballot instructions.  The ballot is not required to be any particular size, and sample ballots are not required.

D. Only qualified electors of the city, the town and the unincorporated areas shall vote on the question.  If a majority of the qualified electors voting on the question in each area votes for unification, the board of supervisors shall declare by an order entered of record the city, town and unincorporated areas unified into one incorporated city.  The order of the board shall designate the name of the city.

E. Except as otherwise provided in this article, the manner of conducting the registration and election, keeping the poll lists, making the returns, declaring the results and doing all acts relating to the election shall conform to the procedure provided by law for the registration and qualification of electors and holding elections in which the question of issuance of bonds of municipal corporations is submitted to an election.

F. The board of supervisors shall appoint the first common council for the new city.  The board of supervisors shall appoint seven members at least two of whom shall be from each of the three areas unified.  Following appointment, the council shall designate one of its members to serve as mayor.  At the earliest possible date following the formation of the new city, the new city shall be divided by the appointed council into six districts, and an election shall be called to fill the six council districts and elect at large a directly elected mayor.  The mayor and council members shall serve four year staggered terms.  At the first election, the three council members with the highest vote shall serve four year terms and the three other council members elected shall serve two year terms in order to accomplish staggered terms for future elections.

G. The incorporated limits of the new city shall be those shown on the resolutions from the incorporated city and town and shall be their combined corporate limits plus the unincorporated areas that appear on the petition submitted pursuant to subsection A of this section and that are between or adjacent to the city and the town.  In no event shall any such petition include land or improvements utilized for mining, metallurgical or related environmental remediation purposes without written consent of the landowner. The ordinances and resolutions of the former city, town and county shall continue in force unless repealed or changed by the new common council, including franchises and transaction privilege taxes.  In the case of conflict between ordinances or resolutions, the ordinances or resolutions of the former city or town with the larger population shall prevail, except that zoning regulations applying to property at the time of unification shall remain in effect until the council of the new unified city adopts a zoning ordinance applying to the property.  The new city shall be liable for all debts and liabilities of the former city and town and shall be entitled to receive all property and rights of action belonging to the former city and town.

H. A city incorporated pursuant to this section has all powers, duties, rights and privileges granted to incorporated cities and towns under the laws and constitution of this state.  For purposes of state shared revenues, including state transaction privilege tax, state income tax, vehicle license taxes, highway user revenues and local transportation assistance fund monies, a combined amount that would have been distributed to the former town and city unified shall be distributed to the new city until a combined census count including the unincorporated areas can be obtained. Once the combined census count is obtained, the updated census count shall be used for the distribution of the state shared revenues retroactive to the first of the month following unification.  The annual population estimate of the unified city prepared by the department of economic security shall be used for distribution of local transportation assistance fund monies.

I. The unified city shall have a property tax levy limit calculated as the combined maximum allowable levy limit of the town and city unless another levy limit is approved by the voters of the unified city at a regularly scheduled election.  The expenditure limit of the unified city shall be the alternative expenditure limitation of the largest city until the fiscal year following the unified city's first general election.  At such election, the council may propose an alternative expenditure limitation or permanent base adjustment and if not approved the unified city's expenditure limitation shall be calculated using the formula provided for a newly incorporated city unless subsequently changed by the voters.
A.R.S. § 9-285 — Arizona Code / Title 9 / Chapter 2 / Article 5 / Section 285
9-285 Expenses of board
Status: in_force

9-285. Expenses of board

When a city has adopted a charter under the provisions of this article, the chief executive and the legislative authority of the city may provide for the payment of the expenses of the board of freeholders necessarily incurred in the framing of the charter, including clerical assistance which shall not exceed three dollars per day for the time actually employed.
A.R.S. § 9-462.10 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.10
9-462.10 Commercial buildings; multifamily residential development; adaptive reuse; prohibition on rezoning or municipal review; objective standards; applicability; definitions
Status: in_force

9-462.10. Commercial buildings; multifamily residential development; adaptive reuse; prohibition on rezoning or municipal review; objective standards; applicability; definitions

A. Within ninety days after the effective date of this amendment to this section, the governing body of a municipality with a population of one hundred fifty thousand or more persons shall establish objective standards to allow multifamily residential development or adaptive reuse of existing commercial, office or mixed use parcels within the municipality without requiring a conditional use permit, a planned unit development or rezoning application or any other application that would require a public hearing. The governing body of the municipality shall:

1. Allow for multifamily residential development or adaptive reuse of at least ten percent of the existing commercial, office or mixed use parcels. For the purposes of determining the minimum percentage of parcels eligible for multifamily residential development or adaptive reuse, the governing body of the municipality may analyze the commercial, office and mixed use parcels every ten years.

2. Not designate individual parcels that are eligible for multifamily residential development or adaptive reuse.

3. Not exclude commercial, office or mixed use parcels from multifamily residential development or adaptive reuse other than as allowed by subsections B and G of this section or if ten percent of the parcels have already been developed or adapted for reuse.

4. Not exclude commercial, office or mixed use parcels from multifamily residential development or adaptive reuse if the average sound level at the parcel is below sixty-five decibels.

B. A municipality may designate commercial or employment hubs and other essential commercial or employment use areas where existing commercial, office, employment or mixed use parcels are excluded from the provisions of this section. The designations made pursuant to this subsection may not exceed ten percent of the existing commercial, office, employment or mixed use parcels within the municipality.  A municipality may modify the commercial or employment hubs that are excluded from the provisions of this section once every ten years.

C. For multifamily residential development or adaptive reuse, the objective standards established by a municipality shall require only the following:

1. A municipal site plan review and approval process requirement, including site plan review by any utility provider impacted by the proposed development.

2. Adequate public sewer and water service for the entire proposed development.

3. Compliance with all applicable building codes and fire codes.

4. That the existing buildings are economically or functionally obsolete.

5. That the existing buildings are located on a parcel or parcels that are at least one acre in size but not more than twenty acres in size.

6. A set-aside of ten percent of the total dwelling units for either moderate-income housing or low-income housing or any combination of the two for at least twenty years after the initial occupation of the proposed development. The developer may set aside more than ten percent at the developer's sole discretion.

D. The objective standards may not contain parking space requirements that exceed the parking requirements that apply to multifamily residential buildings or adaptive reuse buildings under the existing zoning code unless the proposed multifamily residential development or adaptive reuse also qualifies as a mixed use development.

E. A municipality shall not withhold a demolition permit if a multifamily residential development meets the requirements of this section.  For a multifamily residential development, all of the following apply:

1. The demolition of all or a portion of the existing commercial, office or mixed use buildings shall be allowed.

2. Setback requirements may not exceed what is required in the existing zoning code for multifamily residential buildings, including mixed use buildings with the majority of floor area dedicated to residential uses.

3. Notwithstanding section 9-462.01, subsection C, the maximum height and density shall be equal to the highest allowable multifamily height and density for a multifamily zoning district or a zoning district that allows residential development, including commercial districts that allow for residential development, whichever height and density is greater in the municipality within one mile of the parcel to be redeveloped. If there is no multifamily zoning district in the municipality within one mile of the parcel to be redeveloped, the maximum height and density shall be equivalent to the next closest multifamily zoning district or a zoning district that allows residential development, including commercial zoning districts that allow for residential development whichever height and density is greater.

4. The allowable height may not exceed five stories and a municipality may limit the height to two stories in the areas of a multifamily residential development site directly adjacent to and within one hundred feet of single-family residential zones. The municipality shall allow for greater height in the remainder of the site.

5. Multifamily residential development that is constructed pursuant to this section does not qualify as being within one mile of the parcel being redeveloped or the next closest multifamily parcel.

F. A municipality shall not withhold a demolition permit if an adaptive reuse project meets the requirements of this section. For adaptive reuse, all of the following apply:

1. The demolition of a portion of the existing commercial, office or mixed use building or buildings shall be allowed.

2. The setback requirements for the proposed use shall apply. If the minimum setback requirement that applies to the existing commercial, office or mixed use building is less than the minimum setback requirement that applies to the multifamily use, the existing setback shall remain and the building shall be considered nonconforming for setback purposes unless easements, including public utility easements, are located within setback areas.

3. If the maximum allowable height that applies to the existing commercial, office or mixed use building exceeds the maximum allowable height for the proposed use, the existing height shall remain and the building shall be considered nonconforming for height purposes and the existing building may be expanded to the maximum allowable density for multifamily use. Any rooftop appurtenances shall be included within the height exemption.

G. This section does not apply to any of the following:

1. Land in an area that is designated as a district of historical significance pursuant to section 9-462.01, subsection A, paragraph 10.

2. Land in an area that is designated historic by a local government.

3. Land in an area that is designated as historic on the national register of historic places.

4. Land in the territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461.

5. Land in the territory in the vicinity of a federal aviation administration commercially licensed airport or a general aviation or public airport as defined in section 28-8486.

6. Land in a municipality that is located on tribal land.

H. For the purposes of this section:

1. "Adaptive reuse" means converting an existing building from the use for which it was constructed to multifamily use by maintaining some or all of the elements of the building.

2. "Building code" has the same meaning prescribed in section 9-1301.

3. "Economically or functionally obsolete" means the commercial, office or mixed use parcel is in a state of disrepair or has at least a fifty percent vacancy in the total leasable square footage.

4. "Low-income housing" means housing for a person or persons whose household income does not exceed eighty percent of the area median income.

5. "Moderate-income housing" means housing for a person or persons whose household income does not exceed one hundred twenty percent of the area median income.

6. "Multifamily residential development" means a building or buildings that are designed and used for residential purposes and that contain more than one apartment or dwelling unit for sale or for rent but that are not adaptive reuse.

7. "Nonconforming" means structures that have received occupancy permits under the regulations in place at the time of construction.

8. "Rooftop appurtenances":

(a) Means rooftop structures that principally house air conditioning equipment, solar panels, utilities, elevators, other energy production facilities and other nonhabitable structures.

(b) Includes open space features, swimming pools, space for use by residents and landscaping.

(c) Does not include enclosed areas, spires, bell towers, domes, cupolas, pediments, obelisks or monuments.
A.R.S. § 9-506 — Arizona Code / Title 9 / Chapter 5 / Article 1.1 / Section 506
9-506 Authority to issue license; limitations; permits for Wi-Fi radio equipment; definitions
Status: in_force

9-506. Authority to issue license; limitations; permits for Wi-Fi radio equipment; definitions

A. For the purpose of authorizing and regulating the construction, operation and maintenance of cable television systems, the licensing authority of a city, including a charter city, or town for an incorporated area, or the licensing authority of the county for unincorporated areas, either individually or jointly by intergovernmental contract, may issue a license to any person to use public streets, roads and alleys and shall impose conditions, restrictions and limitations on the use of public streets, roads and alleys and on the construction, operation and maintenance of cable television systems.

B. Subject to the limitations of this section, a licensing authority may adopt resolutions or ordinances implementing and controlling the license or joint license, issue a license containing other terms and conditions and impose a license fee on gross revenues.  In addition to the limitations of this section, the license is subject to the limits established by the communications act of 1934, as amended (47 United States Code sections 151 through 615b) and the federal communications commission.

C. Other than the license fee on gross revenues authorized by this article and transaction privilege taxes as provided in this subsection, a licensing authority may not levy a tax, rent, fee or charge, however denominated, on a cable operator for the use of the public streets, roads or alleys to provide cable service or levy a tax, fee or charge on the privilege of engaging in the business of providing cable service in the area of jurisdiction.  Taxes, rents, fees and charges include all:

1. Access channel support except for in-kind services or payments as provided in subsection D of this section.

2. Rental, application, construction, permit, inspection, inconvenience and other fees and charges related to a cable operator's use of the public streets, roads and alleys, including the use authorized by subsection I of this section. This subsection does not prohibit a licensing authority from levying fees and charges on a cable operator or its affiliates for microcell equipment pursuant to section 9-584 or for small wireless facilities pursuant to article 8 of this chapter or title 11, chapter 13, article 1 without an offset for license fees. In addition, the following apply:

(a) Any transaction privilege taxes otherwise authorized by law to be levied on the business of providing cable service or in relation to use of the public streets, roads or alleys to provide cable service may be levied on a cable operator if the taxes are levied only on gross revenues and the rate of the taxes is subject to subdivision (c) of this paragraph. This subsection does not authorize the imposition of transaction privilege taxes on interstate telecommunications services.

(b) The license fee and any transaction privilege taxes levied on gross revenues constitute a franchise fee within the meaning of 47 United States Code section 542(g)(1).

(c) Under no circumstances may the total of the rates of the license fee and of any transaction privilege taxes on gross revenues levied or assessed by a licensing authority for the privilege of providing cable service and related use of the public streets, roads or alleys to provide cable service exceed a rate of five percent, except during the transition period for certain licenses as provided in subsection H of this section.

(d) A cable operator shall pass on to subscribers any reduction in the amount of fees, taxes or other charges paid by a cable operator and itemized to subscribers that results from the implementation of the amendment to this section effective on September 21, 2006.

D. A licensing authority may not require a cable operator to provide in-kind services, make in-kind payments or pay a fee in addition to the monetary license fee levied or assessed as provided in this section as part of or as a condition of issuing a license to provide cable service, except that:

1. A licensing authority may require a cable operator to provide channel capacity to transmit programming over which the cable operator exercises no editorial control except as authorized by 47 United States Code section 531(e).  The channel capacity shall be limited to not more than two channels of public, educational or governmental access programming in the basic service tier of the cable television system and not more than two channels of noncommercial governmental programming, at least one of which may be programmed by the federal government, in the digital programming tier of the cable television system. If channel capacity is required, the programming shall be specified in the license and the cable operator may require that the channels regularly display an unobtrusive logo or other suitable identifier of the cable operator as set forth in the license.

2. A licensing authority may require a cable operator to incur costs and expenses to provide, maintain and operate facilities and equipment of the cable television system, including facilities and equipment for signal carriage, processing, reformatting and interconnection:

(a) To connect the cable television system, as it may be relocated from time to time, to transmit programming to and from existing locations of public, educational or governmental access facilities and to allow monitoring of access programming at the facilities.

(b) To transmit public, educational and governmental access channels to subscribers with the same prevailing quality, functionality and identification as other channels.

3. A licensing authority may require a cable operator to provide the basic service tier of cable service at no monthly service charge to offices and facilities of the licensing authority.

4. The value of any channel capacity provided pursuant to paragraph 1 of this subsection, the costs and expenses incurred pursuant to paragraph 2 of this subsection and the value of basic service provided pursuant to paragraph 3 of this subsection may not be offset against the license fee levied or assessed under this section.

E. This section does not prohibit a cable operator from agreeing to provide in-kind services or make in-kind payments in the area of jurisdiction that are prohibited by subsection D of this section if the agreement with the licensing authority is not part of, or entered into as a condition of being issued, a new, renewed or amended license to provide cable service. An agreement that requires in-kind cable service or payments shall set forth the total annual fair market value of the in-kind cable service and payments, which shall be less than or equal to and offset against the license fee levied or assessed annually pursuant to this section. The license shall authorize the cable operator to retain license fees and taxes collected from its subscribers in the amount of this offset. In-kind cable services and payments include any channel capacity and all capital costs and charges for or in support of the use of any channel capacity that the cable operator agrees to provide under this subsection.

F. Notwithstanding subsection C of this section, a licensing authority may require that a cable operator:

1. Bear reasonable costs that are associated with damage caused to public streets, roads and alleys by construction, maintenance and operation of its facilities in the public streets, roads and alleys and that are imposed on a competitively neutral and nondiscriminatory basis in relation to costs borne by telecommunications corporations under section 9-582, subsection C.

2. Pay fines, fees, charges or damages for breach of the terms and conditions of the license.

G. This section does not affect the authority of a licensing authority to manage the public streets, roads and alleys within its boundaries or to exercise its police powers.

H. A license that is in effect on September 21, 2006, including one that is later renewed or extended for a term that begins before July 1, 2007, is enforceable in accordance with its terms and conditions as of July 1, 2007 and is not subject to the provisions of the amendment to this section effective on September 21, 2006.  If a license that is in effect on September 21, 2006 is later extended or renewed for a term that begins after June 30, 2007, the extended or renewed license is subject to the provisions of the amendment to this section effective on September 21, 2006 and the amendment to this section effective on September 19, 2007, effective on the first day of the renewal or extension term, unless the term begins before January 1, 2008, in which case the limitation in subsection C, paragraph 2, subdivision (c) of this section on the rates of the license fee and of any transaction privilege taxes on gross revenues is:

1. Five percent, if the gross effective rate is five percent or less.

2. If the gross effective rate is more than five percent, five percent plus the following percentage:

(a) In the first year of the extension or renewal term, the gross effective rate minus five percent, multiplied by two-thirds.

(b) In the second year of the term, the gross effective rate minus five percent, multiplied by one-third.

(c) In the third year of the term, and thereafter, zero percent.

I. On application a licensing authority shall issue to a cable operator or its affiliate a permit to attach allowed Wi-Fi radio equipment to the cable television system in public streets, roads and alleys in the area of jurisdiction. The permits shall allow installation, operation and maintenance of the allowed Wi-Fi radio equipment.  A licensing authority may require that all of the allowed Wi-Fi radio equipment at a single location fit within a fifteen-inch cube and be contained entirely within a ground-mounted pedestal otherwise allowed by the license or be connected directly to and mounted at the same height as one of the cable operator's aerial horizontal conductors otherwise allowed by the license.

J. Subsection I of this section does not:

1. Affect any authority of a political subdivision, including an agricultural improvement district or any other special taxing district, the licensing authority or any other person controlling utility poles in the public streets, roads and alleys to deny, limit, restrict or determine the terms and conditions for the use of or attachment to the utility poles or attachments to other poles of the political subdivision, licensing authority or other person by a cable operator.

2. Prohibit a licensing authority from imposing competitively neutral and nondiscriminatory requirements for a cable operator to underground aerial facilities to which allowed Wi-Fi equipment is attached.

3. Prohibit the imposition of a tax, rent, fee or charge on revenue from services provided through allowed Wi-Fi radio equipment.

4. Affect the authority of a licensing authority to manage the public streets, roads and alley within its boundaries or to exercise its police powers including review and approval of an application before issuing a permit.

K. For the purposes of this section:

1. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a cable operator.

2. "Allowed Wi-Fi radio equipment" means radio equipment that uses only unlicensed radio spectrum and that enables wireless communication with a communications network for unlicensed services such as Wi-Fi service.

3. "Gross effective rate" means one hundred percent multiplied by the fraction in which the numerator is the sum of all taxes, fees and charges of the licensing authority that the cable operator itemized to subscribers and paid to the licensing authority under the license for the twelve calendar months immediately preceding September 21, 2006 and the denominator is the cable operator's gross revenues for that period in the area of jurisdiction.
A.R.S. § 9-461.06 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.06
9-461.06 Adoption and amendment of general plan; expiration and readoption
Status: in_force

9-461.06. Adoption and amendment of general plan; expiration and readoption

A. In municipalities that have territory in a high noise or accident potential zone as defined in section 28-8461, the legislature finds that in general plans and amendments to general plans land use compatibility with the continued operation of a military airport or ancillary military facility as defined in section 28-8461 is a matter of statewide concern.

B. The general plan and any amendment to such plan shall be adopted or readopted in the manner provided in this article.

C. The governing body shall:

1. Adopt written procedures to provide effective, early and continuous public participation in the development and major amendment of general plans from all geographic, ethnic and economic areas of the municipality. The procedures shall provide for:

(a) The broad dissemination of proposals and alternatives.

(b) The opportunity for written comments.

(c) Public hearings after effective notice.

(d) Open discussions, communications programs and information services.

(e) Consideration of public comments.

2. Consult with, advise and provide an opportunity for official comment by public officials and agencies, the county, school districts, associations of governments, public land management agencies, the military airport if the municipality has territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, a military installation range or Arizona national guard site as defined in section 9-500.50, if applicable other appropriate government jurisdictions, public utility companies, civic, educational, professional and other organizations, property owners and citizens generally to secure maximum coordination of plans and to indicate properly located sites for all public purposes on the general plan.

D. At least sixty days before the general plan or an element or major amendment of a general plan is noticed pursuant to subsection E of this section, the planning agency shall transmit the proposal to the planning commission, if any, and the governing body and shall submit a copy for review and further comment to:

1. The planning agency of the county in which the municipality is located.

2. Each county or municipality that is contiguous to the corporate limits of the municipality or its area of extraterritorial jurisdiction.

3. The regional planning agency within which the municipality is located.

4. The Arizona commerce authority or any other state agency that is subsequently designated as the general planning agency for this state.

5. The department of water resources for review and comment on the water resources element, if a water resources element is required.

6. If the general plan or an element or amendment of the general plan is applicable to territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the military airport.

7. If the general plan or an element or major amendment of the general plan is applicable to property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461, the attorney general. For the purposes of this paragraph, "major amendment" means a substantial alteration of the municipality's land use mixture or balance as established in the municipality's existing general plan land use element.

8. Any person or entity that requests in writing to receive a review copy of the proposal.

E. If the municipality has a planning commission, after considering any recommendations from the review required under subsection D of this section, the planning commission shall hold at least one public hearing before approving a general plan or any amendment to such plan. When the general plan or any major amendment is being adopted, planning commissions in municipalities with populations of more than twenty-five thousand persons shall hold two or more public hearings at different locations within the municipality to promote citizen participation.  Notice of the time and place of a hearing and availability of studies and summaries related to the hearing shall be given at least fifteen and not more than thirty calendar days before the hearing by:

1. Publication at least once in a newspaper of general circulation published or circulated in the municipality, or if there is none, the notice shall be posted in at least ten public places in the municipality.

2. Such other manner in addition to publication as the municipality may deem necessary or desirable.

F. Action by the planning commission on the general plan or any amendment to the plan shall be transmitted to the governing body of the municipality.

G. Before adopting the general plan, or any amendment to it, the governing body shall hold at least one public hearing. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission as specified in subsection E of this section.

H. The adoption or readoption of the general plan or any amendment to such plan shall be by resolution of the governing body of the municipality, after notice as provided for in subsection E of this section. The adoption or readoption of or a major amendment to the general plan shall be approved by affirmative vote of at least two-thirds of the members of the governing body of the municipality. All major amendments to the general plan proposed for adoption by the governing body of a municipality shall be presented at a public hearing held within twelve months after the proposal is made. The general plan, or any amendment to the plan, shall be endorsed in the manner provided by the governing body to show that it has been adopted by the governing body. If the municipality includes property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461, the governing body of the municipality shall send notice of the approval, adoption or readoption of the general plan or major amendment to the general plan to the attorney general by certified mail, return receipt requested, within three business days after the approval, adoption or readoption. If the attorney general determines the approval, adoption or readoption of the general plan or major amendment to the general plan is not in compliance with section 28-8481, subsection J, the attorney general shall notify the municipality by certified mail, return receipt requested, of the determination of noncompliance. The municipality shall receive the notice from the attorney general within twenty-five days after the notice from the municipality to the attorney general is mailed pursuant to this subsection. The effective date of any approval, adoption or readoption of, or major amendment to, the general plan shall be thirty days after the governing body's receipt of the attorney general's determination of noncompliance. Within thirty days after the receipt of a determination of noncompliance by the attorney general as prescribed by this section, the governing body of the municipality shall reconsider any approval, adoption or readoption of, or major amendment to, the general plan that impacts property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461. If the governing body reaffirms a prior action subject to an attorney general's determination of noncompliance pursuant to this section, the attorney general may institute a civil action pursuant to section 28-8481, subsection L. If the governing body timely sends notice pursuant to this subsection and the attorney general fails to timely notify the governing body of a determination of noncompliance, the general plan or major amendment to the general plan shall be deemed to comply with section 28-8481, subsection J. If the motion to adopt or readopt a general plan or an amendment to the general plan fails to pass, the governing body may reconsider the motion in any manner allowed by the governing body's rules of procedure, but any subsequent motion for the adoption or readoption of the general plan or a major amendment to the general plan must be approved by an affirmative vote of at least two-thirds of the members of the governing body. For the purposes of this subsection, "major amendment" means a substantial alteration of the municipality's land use mixture or balance as established in the municipality's existing general plan land use element. The municipality's general plan shall define the criteria to determine if a proposed amendment to the general plan effects a substantial alteration of the municipality's land use mixture or balance as established in the municipality's existing general plan land use element.

I. If the municipality does not have a planning commission, the only procedural steps required for the adoption of the general plan, or any amendment to such plan, shall be those provided in this article for action by the governing body.

J. A copy of the adopted general plan of a municipality shall be sent to the planning agency of the county within which the municipality is located, and such plan or any portion of the plan may be adopted as a part of the county general plan.

K. A general plan, with any amendments, is effective for up to ten years after the date the plan was initially adopted and ratified pursuant to subsection M of this section, or until the plan is readopted pursuant to this subsection and ratified pursuant to subsection M of this section or a new plan is adopted pursuant to this subsection and ratified pursuant to subsection M of this section, and becomes effective. On or before the tenth anniversary of the plan's most recent adoption, the governing body of the municipality shall either readopt the existing plan for an additional term of up to ten years or shall adopt a new general plan as provided by this article.

L. Except for general plans that are required to be submitted to the voters for ratification pursuant to subsection M of this section, the adoption or readoption of a general plan, and any amendment to a general plan, shall not be enacted as an emergency measure and is subject to referendum as provided by article IV, part 1, section 1, subsection (8), Constitution of Arizona, and title 19, chapter 1, article 4.

M. The governing body of a city or town having a population of more than two thousand five hundred persons but less than ten thousand persons and whose population growth rate exceeded an average of two percent per year for the ten-year period before the most recent United States decennial census, and any city or town having a population of ten thousand or more persons, shall submit each new general plan adopted pursuant to subsection K of this section to the voters for ratification at the next regularly scheduled municipal election or at a special election scheduled at least one hundred twenty days after the governing body adopted the plan pursuant to section 16-204. The governing body shall include a general description of the plan and its elements in the municipal election pamphlet and shall provide public copies of the plan in at least two locations that are easily accessible to the public and may include posting on the municipality's official internet website. If a majority of the qualified electors voting on the proposition approves the new plan, it shall become effective as provided by law.  If a majority of the qualified electors voting on the proposition fails to approve the new plan, the current plan remains in effect until a new plan is approved by the voters pursuant to this subsection. The governing body shall either resubmit the proposed new plan, or revise the new plan as provided by this section, for subsequent submission to the voters at the next regularly scheduled municipal election or at a special election scheduled at least one hundred twenty days after the governing body readopted the new or revised new plan.  All subsequent adoptions and submissions of the new plan or revised plans must comply with the procedures prescribed by this section until the plan is ratified.

N. In applying an open space element or a growth element of a general plan, a municipality shall not designate private land or state trust land as open space, recreation, conservation or agriculture unless the municipality receives the written consent of the landowner or provides an alternative, economically viable designation in the general plan or zoning ordinance, allowing at least one residential dwelling per acre.  If the landowner is the prevailing party in any action brought to enforce this subsection, a court shall award fees and other expenses to the landowner. A municipality may designate land as open space without complying with the requirements of this subsection if the land was zoned as open space and used as a golf course pursuant to a zoning ordinance adopted pursuant to article 6.1 of this chapter before May 1, 2000 and the designation does not impose additional conditions, limitations or restrictions on the golf course, unless the land is state trust land that was not planned and zoned as open space pursuant to title 37, chapter 2, article 5.1.

O. A person, after having participated in the public hearing pursuant to subsection H of this section, may file a petition for special action in superior court to review the governing body's decision that does not comply with the mandatory requirement prescribed in section 9-461.05, subsection C, paragraph 1, subdivision (g) within thirty days after the governing body has rendered its decision. The court may affirm, reverse or remand to the governing body, in whole or in part, the decision reviewed for further action that is necessary to comply with the mandatory requirements prescribed in section 9-461.05, subsection C, paragraph 1, subdivision (g).
A.R.S. § 9-500.52 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.52
9-500.52 Construction; summertime hours; prohibition on restriction
Status: in_force

9-500.52. Construction; summertime hours; prohibition on restriction

A. A municipality may not enact or enforce any noise ordinance, rule or regulation that prohibits any general construction activities between May 1 and October 15 of each year between the hours of 5:00 a.m. and 7:00 p.m. each business day and between the hours of 7:00 a.m. and 7:00 p.m. on Saturday if the construction work is being performed pursuant to a validly issued building permit issued by the municipality.

B. The municipality shall allow concrete to be poured at least one hour before the time that general construction activities are regularly scheduled to begin.
A.R.S. § 9-471.02 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 471.02
9-471.02 Deannexation of land from one municipality and annexation to another municipality; deannexation of right-of-way from a municipality to a county
Status: in_force

9-471.02. Deannexation of land from one municipality and annexation to another municipality; deannexation of right-of-way from a municipality to a county

A. Notwithstanding any other law, territory may be deannexed and severed from one city or town and annexed to another city or town under this section if the territory that is deannexed is contiguous to the city or town that annexes the territory.

B. The governing body of a city or town that intends to deannex the territory shall by ordinance set forth the legal description of the territory and shall declare the deannexation of the territory contingent on the fulfillment of the conditions of this section.

C. The governing body of the city or town that intends to annex the territory shall by ordinance set forth the legal description of the territory and shall declare the annexation of the territory contingent on fulfillment of the conditions of this section.

D. The ordinance passed by each governing body shall be filed with the county board of supervisors which shall set a hearing date of not less than thirty nor more than sixty days from the date of the filing of the ordinances and shall notify the governing body of each city or town of the hearing date at least thirty days prior to the date.

E. The governing body of the city or town desiring to deannex territory shall notify by letter the owner of any real property in the territory to be deannexed at least twenty days before the hearing by the county board of supervisors.  The notification shall specify that the area is to be deannexed and annexed to another city or town and that the property shall continue to be subject to any tax lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of the city or town while the property was within the corporate limits. The letter shall state that the property owner may protest the action by letter to the county board of supervisors before the hearing or in person at the hearing.  If property owners of fifty-one per cent or more of the land area of the territory to be deannexed protest the action, the county board of supervisors shall deny the deannexation of the territory.  If the action is denied it may not be resubmitted to the county board of supervisors for at least one year following the denial.

F. On determining that the requirements of this section have been satisfied, on the holding of the public hearing and on determination that the protests filed are insufficient as defined by this section, the county board of supervisors shall order that the territory be deannexed from one city or town and that the same territory be annexed to another city or town as specified in the two ordinances authorized by this section.

G. The land deannexed and annexed shall not be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the corporate authorities of the city or town while the land was within the limits of the city or town and that remains unpaid, and for the payment of which the land could be lawfully taxed.

H. If the governing body of the city or town that has deannexed territory levies a tax on the property within the city or town for the purpose of paying indebtedness incurred before the deannexation, or any part thereof, and interest thereon, the governing body may levy a tax at the same rate and for the same purpose on the deannexed territory.  If the owner of any deannexed territory pays off and discharges a portion of the indebtedness equal in amount to the same proportion of the indebtedness that the assessed value of the owner's land bears to the entire assessed value of all the property subject to taxation for the payment of the indebtedness, calculated according to the last assessment previous to the payment, the land shall be exempted from further taxation to pay the indebtedness.  On payment being made, the canceled bonds or other evidences of payment of the portion of the indebtedness shall be deposited with the clerk of the city or town and a certificate shall be given by the clerk stating that the payment has been made.

I. Notwithstanding any other law, a public right-of-way that is partially located within a city or town and partially located within the unincorporated area of a county may be deannexed and severed from the city or town and returned to the county pursuant to section 9-471.03.  The county board of supervisors shall notify the city or town if the order of the county board of supervisors ordering the deannexation of the public right-of-way is approved.

J. A copy of the order of the county board of supervisors ordering the deannexation and annexation of any land described in any city or town, certified by the clerk of the board, shall be filed for record in the recorder's office of the county in which the land is situated. The record, or a copy of the order or decree, certified by the clerk of the board, shall be proof of the deannexation and annexation of the land.
A.R.S. § 9-831 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 831
9-831 Definitions
Status: in_force

9-831. Definitions

In this article, unless the context otherwise requires:

1. "Fire and life safety inspection" means an inspection of a regulated person or facility conducted to ensure fire safety compliance.

2. "Food and swimming pool inspection" means an inspection of a regulated person or facility conducted to ensure the safety of food services, swimming pools and other bathing places.

3. "License" includes the whole or part of any municipal permit, certificate, approval, registration, charter or similar form of permission required by law. License does not include a transaction privilege tax license.

4. "Licensing" includes the municipal process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license.

5. "Municipal" or "municipality" means an incorporated city or town.

6. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision or a public or private organization of any character.

7. "Request for corrections" means a request for technical or clarifying corrections from an applicant who has submitted an administratively complete application for a license.

8. "Substantive policy statement" means a written expression that is only advisory and that informs the general public of a municipality's current approach to, or opinion of, the requirements of the ordinances or codes, including, if appropriate, the municipality's current practice, procedure or method of action based on that approach or opinion. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the municipality and that do not impose additional requirements or penalties on regulated parties or confidential information.

9. "Working day" means a twenty-four hour period excluding weekends and legal holidays.
A.R.S. § 9-832 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 832
9-832 Regulatory bill of rights
Status: in_force

9-832. Regulatory bill of rights

To ensure fair and open regulation by municipalities, a person:

1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a municipality in a court proceeding regarding a municipality decision as provided in section 12-348.

2. Is entitled to receive information and notice regarding inspections as provided in section 9-833.

3. Is entitled to have a municipality not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 9-834, subsection A.

4. May have a municipality approve or deny the person's license application within a predetermined period of time as provided in section 9-835.

5. Is entitled to receive written or electronic notice from a municipality on denial of a license application that:

(a)  Justifies the denial with references to the statute, ordinance, code or authorized substantive policy statements on which the denial is based as provided in section 9-835.

(b) Explains the applicant's right to appeal the denial as provided in section 9-835.

6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 9-836.

7. May inspect all ordinances, codes and substantive policy statements of a municipality, including a directory of documents, at the office of the municipality or on the municipality's website as provided in section 9-837.

8. Unless specifically authorized, may expect municipalities to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 9-834.

9. May file a complaint with the municipality concerning an ordinance, code or substantive policy statement that fails to comply with this section.

10. As provided in section 9-834, is entitled to have a municipality not request or initiate discussions about waiving any of the rights prescribed in this section.
A.R.S. § 9-535.01 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 535.01
9-535.01 Refunding bonds and revenue-producing undertaking; refunding utility purchase contracts; form; sale and investment of proceeds; limitation on amount issued
Status: in_force

9-535.01. Refunding bonds and revenue-producing undertaking; refunding utility purchase contracts; form; sale and investment of proceeds; limitation on amount issued

A. Bonds may also be issued hereunder for the purpose of refunding any bonds issued under authority of this article or any bonds issued under the authority of title 35, chapter 3, article 3 or 4, for the acquisition, construction or improvement of any utility undertaking. If any city or town has outstanding unpaid balances on contracts heretofore entered into for the acquisition of water or other utility properties or facilities and such contracts are payable solely from the revenues thereof or of the utility undertaking extended or added to with the properties or facilities so acquired, whether or not title to such properties or facilities shall have vested in such city or town, all or any part of such unpaid balances may also be refunded hereunder and all such contracts so refunded are hereby validated and declared to be effective in accordance with their terms. No election on the issuance of such bonds shall be required, but if such bonds are combined into a single issue with bonds authorized for nonrefunding purposes hereunder, the bonds so authorized for nonrefunding purposes shall have been submitted at an election as otherwise provided in this article.

B. Refunding bonds issued hereunder shall have such details, shall bear such rate or rates of interest, and shall be otherwise issued, sold and secured as provided by the governing body of the city or town and as otherwise provided in this article, except that such changes in the security and revenues pledged to the payment of the obligations so refunded may be made by the governing body as may be provided by it in the proceedings authorizing such bonds, but in no event shall such bonds ever become a general obligation of the municipality issuing such refunding bonds unless such refunding bonds or the bonds to be refunded are tax secured bonds.

C. Refunding bonds issued hereunder may be exchanged for no less than a like principal amount of the bonds or unpaid contract obligations to be refunded, may be sold at a private or public sale or may be exchanged in part and sold in part. If sold, the net proceeds may be invested in obligations issued by the United States government, or one of its agencies, or obligations fully guaranteed by the United States government as to principal and interest so long as such investments will mature with interest so as to provide funds to pay when due, or called for redemption, the bonds or unpaid contract obligations to be refunded together with interest thereon and redemption premiums, if any, and such proceeds or obligations shall, and other funds legally available to the city or town for such purposes may be deposited in trust with a banking corporation or association doing business in Arizona that is a member of the federal deposit insurance corporation, or any successor thereto, to be held for the payment and redemption of bonds or unpaid contract obligations to be refunded and such deposit and any reinvestment thereof shall be held in trust by the escrow agent for the payment of bonds or unpaid contract obligations with interest and redemption premiums, if any, on maturity or on an available redemption date or on an earlier voluntary surrender with the consent of the issuer. As to obligations so escrowed for the payment of contract balances payable in amounts or at times not fixed but dependent on earnings of the undertaking, it shall be sufficient if the obligations so purchased, if liquidated on the market at the par value thereof, will produce enough to pay such balances as the governing body estimates would have become payable under the terms of the contracts had such balances not been refunded, but the escrowed obligations must be not less in principal amount than the principal amount of the balances so refunded, and if at any time the income from the escrowed obligations is insufficient to pay all interest when payable on such refunded balances, such deficiencies shall be made up from the earnings of the undertaking on such priority basis as would have been applicable to such payment had such balances not been refunded. The term "net proceeds" as used above shall mean the gross proceeds of the refunding bonds after the deduction therefrom of all accrued interest and expenses incurred in connection with the authorization and issuance of the bonds and the refunding of the outstanding obligations, including all cost and expenses resulting from price variation to par or otherwise incurred in the purchase of obligations for escrow and in the distribution of the refunding bonds. The determination of the governing body issuing refunding bonds that the limitations herein imposed on the issuance of refunding bonds have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion.

D. Bonds or unpaid contract obligations not maturing or callable for redemption under their terms may not be refunded hereunder without the consent of the holders unless the proceedings authorizing the issuance of the refunded bonds provide that they may be so refunded.

E. With respect to bonds issued to refund tax secured bonds, the provisions of title 35, chapter 3, article 4 shall govern in the event of any inconsistency between such article and this section.
A.R.S. § 9-502 — Arizona Code / Title 9 / Chapter 5 / Article 1 / Section 502
9-502 Petition for franchise; publication; estimate; election; term; expenditures
Status: in_force

9-502. Petition for franchise; publication; estimate; election; term; expenditures

A. A person desiring to obtain a franchise to operate a public utility from a municipal corporation shall present the franchise desired to the governing body of the municipal corporation, and it shall be filed among its records.

B. If the governing body deems the granting of the franchise beneficial to the municipal corporation, it shall pass a resolution, to be spread on its record, stating that fact, and shall submit the question to the qualified electors as to whether or not the franchise shall be granted at the following regular election held in the municipal corporation or at a special election called for that purpose.

C. The proposed franchise shall be published in full in some newspaper of general circulation published in the municipal corporation for at least thirty consecutive days before the election.

D. The ballot shall include an estimate of any proposed fees or taxes that are not related to franchise work or franchise fees.

E. If a majority of the votes cast is in favor of granting the franchise, the governing body shall grant the franchise only in the form filed and published.

F. A franchise shall not be granted for a longer term than twenty-five years.

G. An election held pursuant to this section shall be held on a date prescribed by section 16-204.

H. A public utility that spends only its own monies or resources in support of its proposed franchise from a municipal corporation to operate a public utility is exempt from the requirements of title 16, chapter 6.
A.R.S. § 9-500.11; Version 2 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.11; Version 2
9-500.11; Version 2 Expenditures for economic development; requirements; definitions
Status: in_force

9-500.11. Expenditures for economic development; requirements; definitions

(L05, Ch. 200, sec. 1)

A. In addition to any other powers granted to a city or town, the governing body of a city or town may appropriate and spend public monies for and in connection with economic development activities.

B. To fund economic development activities under this section, a city or town subject to the requirements of section 9-500.06 shall not impose a new fee or tax on a single specific industry or type of business.

C. Notwithstanding section 19-142, subsection B, a decision by the governing body involving an expenditure pursuant to this section shall not be enacted as an emergency measure and that decision is not effective for at least thirty days after final approval of the expenditure.

D. Before entering into a retail development tax incentive agreement, a city or town shall make a finding by a simple majority vote of the governing body without the use of consent calendar that includes both of the following:

1. That the proposed tax incentive is anticipated to raise more revenue than the amount of the incentive within the duration of the agreement.

2. That in the absence of a tax incentive, the retail business facility or similar retail business facility would not locate in the city or town in the same time, place or manner.

E. A city or town located in or within twenty-five miles of the exterior boundary of a metropolitan statistical area having a population of more than two million persons shall make a finding pursuant to subsection D of this section, by a two-thirds vote of the governing body.

F. A city or town shall not enter into a retail tax incentive agreement if the proposed tax incentive raises less revenue than the amount of the incentive.

G. A city or town shall present a status report of the revenues and expenses associated with the tax incentive every two years for the duration of the agreement in a public meeting.

H. The finding made pursuant to subsection D, paragraph 1 of this section shall be verified by an independent third party before the city or town enters into the retail development incentive agreement.

I. The adoption of the retail development tax incentive agreement shall be approved by a simple majority vote of the governing body without the use of consent calendar.  For a city or town located in or within twenty-five miles of the exterior boundary of a metropolitan statistical area having a population of more than two million persons, the adoption of a retail development tax incentive agreement shall be approved by an affirmative vote of at least two-thirds of the governing body without the use of consent calendar.

J. A person or business entity receiving the retail development tax incentive agreement shall not finance the independent third party verification of the findings or have input into the selection of the independent third party verifying the findings.

K. A city or town shall adopt a notice of intent to enter into a retail development tax incentive agreement at least fourteen days before approving a retail development tax incentive agreement.

L. Subsection D of this section does not apply to tax incentives given to a business entity in an area that is designated by a city or town as a redevelopment project as defined in section 36-1471.

M. For the purposes of this section:

1. "Economic development activities" means any project, assistance, undertaking, program or study, whether within or outside the boundaries of the city or town, including acquisition, improvement, redevelopment, leasing or conveyance of improved or unimproved real or personal property or other activity, that the governing body of the city or town has found and determined will assist in the creation or retention of jobs or will otherwise improve or enhance the economic welfare of the inhabitants of the city or town.

2. "Expenditure" includes any waiver, exemption, deduction, credit, rebate, discount, deferral or other abatement or reduction of the normal municipal tax liability that otherwise applies to similar existing business entities and properties in that city or town, however denominated, computed or applied, and that is generally understood as an inducement to locate a business facility or other operation in the city or town.

3. "Metropolitan statistical area" means a geographical area consisting of cities, towns and other populated areas defined for federal statistical and census purposes by the United States office of management and budget with technical assistance from the United States bureau of the census.

4. "Retail" means the sale of tangible personal property, except the sale of tangible personal property to a person who is engaged in the business of selling such property.

5. "Retail development activities" means those economic development activities that involve the acquisition, improvement, leasing or conveyance of improved or unimproved real or personal property or other activity to facilitate the sale of goods at retail, including the sale of automobiles, or to facilitate other activities, including theater and restaurant development, that generate revenues that are subject to municipal transaction privilege taxation.

6. "Retail development tax incentive agreement" means an agreement between a city or town and a person engaged in or planning to engage in retail development activities within that city or town in which the city or town agrees to pay, refund, credit, rebate or otherwise provide to that person all or a portion of the sales, use or transaction privilege taxes payable to that city or town in connection with the construction, development or operation of the retail development activities.
A.R.S. § 9-842 — Arizona Code / Title 9 / Chapter 7 / Article 4 / Section 842
9-842 Regulation of occupation, trade or profession; notice; hearing; exemptions; definition
Status: in_force

9-842. Regulation of occupation, trade or profession; notice; hearing; exemptions; definition

A. A city or town may not impose an occupational licensing requirement on any occupation, trade or profession unless the new occupational licensing requirement is necessary to protect the health, safety or welfare of the public.

B. Beginning August 3, 2018, a city or town may not impose an occupational licensing requirement on any occupation, trade or profession on which the city or town has not previously imposed a fee, requirement or other regulation unless the city or town adopts the occupational licensing requirement pursuant to the procedures prescribed in subsection C of this section and demonstrates that the new occupational licensing requirement is necessary to protect the health, safety or welfare of the public.

C. Before adopting an occupational licensing requirement on any occupation, trade or profession, a city or town shall hold at least one public hearing on the proposed occupational licensing requirement.  The city or town shall publish notice of the time and place of the public hearing on the occupational licensing requirement, including a general explanation of the matter to be considered, pursuant to section 9-812.

D. If the city or town adopts an occupational licensing requirement pursuant to this section, the city or town shall determine and establish administrative rules and procedures for the application and enforcement of the occupational licensing requirement.  The city or town may:

1. Assign or delegate administrative powers and duties to any agency, as necessary.

2. Create administrative agencies.

3. Provide for officials and for monies for the compensation of officers, employees and agencies and for the support of their work.

E. A city or town that does not adopt an occupational licensing requirement is not prohibited from adopting an occupational licensing requirement in the future if the city or town follows the procedures in subsection C of this section when reconsidering the requirement.

F. An occupational licensing requirement adopted pursuant to this section shall terminate five years after its adoption unless the city or town continues the occupational licensing requirement after following the procedures prescribed in subsection C of this section at least three months before the occupational licensing requirement expires.

G. An occupational licensing requirement that is in effect on August 3, 2018 shall terminate August 3, 2023 unless the city or town continues the occupational licensing requirement after following the procedures prescribed in subsection C of this section at least three months before the occupational licensing requirement expires and demonstrates that the occupational licensing requirement is necessary to protect the health, safety or welfare of the public.

H. This section does not apply to an occupational licensing requirement on an individual who works or seeks employment in a lawful occupation, trade or profession at:

1. A structured sober living home as defined in section 9-500.40.

2. An establishment that provides an adult service as defined in section 11-811.

3. An adult oriented business as defined in section 11-811.

4. A public airport under title 28, chapter 25.

I. For the purposes of this section, "occupational licensing requirement":

1. Means:

(a) A rule, regulation, practice or policy that is adopted by a city or town and that allows an individual to use an occupational title or work in a lawful occupation, trade or profession or a regulatory requirement that prevents an individual from using an occupational title or working in a lawful occupation, trade or profession.

(b) A fee or tax that a city or town imposes on an individual to use an occupational title or work in a lawful occupation, trade or profession.

2. Does not include:

(a) A business license, facility license, building permit or zoning and land use regulation.

(b) Any license or regulation that is required by federal law.
A.R.S. § 9-101 — Arizona Code / Title 9 / Chapter 1 / Article 1 / Section 101
9-101 Incorporation; definitions
Status: in_force

9-101. Incorporation; definitions

A. If two-thirds of the qualified electors residing in a community containing a population of fifteen hundred or more inhabitants or in a community within ten miles of the boundary of a national park or monument that contains a population of five hundred or more persons petition the board of supervisors, setting forth the metes and bounds of the community, and the name under which the petitioners desire to be incorporated, and praying for the incorporation of the community into a city or town, and the board is satisfied that two-thirds of the qualified electors residing in the community have signed the petition, it shall declare, by an order entered of record, the community incorporated as a city or town.

B. If ten percent of the qualified electors residing in a community containing a population of fifteen hundred or more persons or in a community within ten miles of the boundary of a national park or monument that contains a population of five hundred or more persons petition the board of supervisors in the manner prescribed in subsection A of this section, praying for the calling of an election with the express intent to incorporate the community as a city or town, the board, within sixty days after the map and petition, complete with signatures, are filed with the board, shall call the election. The map and petition shall be filed simultaneously or within twenty-four hours of each other. The election shall take place on a date prescribed by section 16-204 but not more than one hundred eighty days after the petition has been filed with the board, complete with signatures, except that an election shall not be called within twelve months after the date of a previous election for incorporation of substantially the same territory. Only qualified electors of the community shall vote on this question.  If a majority of qualified electors voting thereon votes for incorporation, then the board, by an order entered of record, shall declare the community incorporated as a city or town.

C. Before obtaining any signatures on a petition required by subsection A or B of this section, the petitioners shall do the following:

1. At least six months before publishing a copy of the petition for incorporation of a community pursuant to paragraph 2 of this subsection, provide to the board written notice of their intention to publish a copy of the petition for incorporation of the community. The written notice shall also be published for two consecutive weeks in a newspaper of general circulation in the area to be affected.

2. Publish a copy of the 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 at least six months after providing written notice to the board pursuant to paragraph 1 of this subsection. Members of the public may request modifications to the metes and bounds of the community by presenting alternatives to the petitioners.

3. Not less than sixty days after publishing the notice pursuant to paragraph 2 of this subsection, submit a copy of the petition to the county recorder or the county elections department. The petition shall state its purpose clearly and concisely and shall be in the form and signed and verified as generally provided for initiative petitions. The petition shall set forth the metes and bounds of the community and shall state that petition signers desire for the community to become incorporated as a city or town.  The petitioners shall also submit a copy of the notice published pursuant to paragraph  2 of this subsection.

D. Not later than the next regularly scheduled board meeting following the submission of the proper and legal petition to the county recorder or county elections department but within thirty days after submission of the petition, the board shall authorize the circulation of the petition.  Petitioners have one hundred eighty days after the date of the meeting at which the circulation of the petition is approved to obtain the required number of signatures.

E. By whichever proceeding the incorporation of a city or town is accomplished, the order shall designate the name of the city or town, and its metes and bounds, and thereafter the inhabitants within the area so defined shall be a body politic and corporate by the name designated.

F. An area to be incorporated shall not include large areas of uninhabited, rural or farm lands, but it shall be urban in nature unless either:

1. The uninhabited, rural or farm lands have been platted and approved by the board of supervisors for housing or commercial development before filing a petition pursuant to subsection A or B of this section.

2. The current owner of the uninhabited, rural or farm lands agrees to include the property in the proposed incorporation area and provides to the petitioners a written, notarized statement supporting including the property in the proposed incorporation area with an attached copy of a map of the proposed incorporation area.

G. Territory shall not be incorporated if, as a result of such incorporation, unincorporated territory is completely surrounded by incorporated areas nor shall an area to be incorporated exclude interior county streets and roads, unless the board of supervisors approves the exclusion of such territory, streets and roads.

H. The board shall exclude from the community proposed to be incorporated pursuant to subsection A or B of this section any territory that has been included in an annexation ordinance adopted by a city or town pursuant to law after the incorporation petition has been submitted pursuant to subsection C of this section. If the remaining community fails to meet the qualifications for incorporation, the board of supervisors shall reject the petition.

I. For the purposes of this section, metes and bounds may be described by roads that make up the boundaries of the community.

J. For the purposes of this section:

1. "Community" means a locality in which a body of people resides in more or less proximity having common interests in such services as public health, public protection, fire protection and water that bind together the people of the area, and where the people are acquainted and mingle in business, social, educational and recreational activities.

2. "Uninhabited" includes land owned by a mining or metallurgical company.
A.R.S. § 9-470 — Arizona Code / Title 9 / Chapter 4 / Article 6.4 / Section 470
9-470 Building permits; hoophouses; polyhouses; exemption; existing zoning regulations; compliance; administrative review; definitions
Status: in_force

9-470. Building permits; hoophouses; polyhouses; exemption; existing zoning regulations; compliance; administrative review; definitions

A. Notwithstanding any other law, construction of a hoophouse or polyhouse is exempt from municipal building permit requirements if the hoophouse or polyhouse meets all of the following requirements:

1. The structure does not have a permanent anchoring system.  The structure shall be anchored in a way that allows removal and relocation of the structure at the discretion of the property owner and in a manner that prevents unintended detachment or relocation.

2. There is no temporary or permanent storage of solvents, fertilizers, gases or other chemicals or flammable materials.

3. The structure is not wider than thirty-one feet and there is an unobstructed path of not more than one hundred fifty feet from any point to a door or fully accessible wall.

4. The covering of the structure is of material not greater than twelve mils in thickness, that conforms to the national fire protection association standard methods of fire tests for flame propagation of textiles and films (NFPA 701) and that yields approximately four pounds of maximum impact resistance to provide egress through the wall.

B. Notwithstanding subsection A of this section, if a hoophouse or polyhouse is located on a lot less than one acre in size within a residential community, a municipality may adopt an ordinance to regulate the structure's height above the fence line.

C. Notwithstanding subsection A of this section, if a hoophouse or polyhouse contains a device that is subject to existing municipal electrical or mechanical codes and regulations, a permit shall be required for the device. If the hoophouse or polyhouse is connected to a potable water system, a permit shall be required for the backflow prevention devices contained within the potable water system.

D. Notwithstanding subsection A of this section, a hoophouse or polyhouse shall comply with all height, setback and lot coverage requirements contained in the municipal zoning and land use regulations for detached accessory buildings or structures.

E. A municipality may establish an administrative review process for a hoophouse or polyhouse constructed pursuant to this section and may require a person who intends to build a hoophouse or polyhouse to submit to the municipality documentation that contains information regarding the construction of the hoophouse or polyhouse, including the materials being used, so the municipality may determine if the planned construction meets the requirements of this section.

F. For the purposes of this section:

1. "Hoophouse" or "polyhouse" means a greenhouse used exclusively for producing and storing live plants.

2. "Permanent anchoring system":

(a) Means a structurally engineered assembly of components designed to affix a structure to the ground on a permanent basis.

(b) Includes permanent foundations and anchors.
A.R.S. § 9-232.04 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 232.04
9-232.04 District system as alternative organization
Status: in_force

9-232.04. District system as alternative organization

A. The common council, by a majority vote of the qualified electors of the town who vote on that issue, may elect to be governed by a district system of municipal government.  In accordance with that election, the common council by a majority vote shall adopt a resolution or ordinance that divides the town into not more than six districts, and the council members shall thereafter be elected from districts by the residents of the district.

B. A mayor of the town shall be elected, who is the chief executive officer of the town.
A.R.S. § 9-499.18 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.18
9-499.18 Transportation safety zones; passenger convenience areas; definitions
Status: in_force

9-499.18. Transportation safety zones; passenger convenience areas; definitions

A. A city or town may adopt a resolution or ordinance establishing passenger convenience areas and vehicle for hire lanes within a transportation safety zone.  The governing body of a city or town may adopt resolutions or ordinances establishing hours of operation and procedures for the use of passenger convenience areas and vehicle for hire lanes.

B. The governing body of a city or town may establish, by resolution or ordinance, a transportation safety zone, if the governing body finds that a transportation safety zone is necessary to preserve the public health, safety and general welfare.  A resolution or ordinance adopted pursuant to this subsection must include a map establishing the boundaries of the zone and traffic safety data used to justify the establishment of the zone.  Each transportation safety zone must be no greater than three square miles, and a city or town may not create more than two transportation safety zones within its corporate boundaries. A transportation safety zone may not include any portion of a state highway or state route.

C. On establishment of a transportation safety zone, the city or town may place and maintain permanently affixed signs located in a visible manner at the public vehicular access points leading into the zone for the purpose of delineating the boundaries of the zone.

D. A city or town with a transportation safety zone may require a vehicle that is self-propelled entirely or partially by pedals operated by the passengers to operate pursuant to public safety and traffic ordinances.

E. Except in the event of a public safety emergency, a city or town may not prescribe the order in which a vehicle may load or unload passengers in a transportation safety zone. This subsection does not interfere with or restrict the ability of a city or town to regulate the flow of traffic or enforce any state law.

F. This section does not impose or authorize additional regulation, permitting or licensing requirements beyond those required by this section and title 28, chapter 30.

G. Drivers shall not leave vehicles unattended in a passenger convenience area.

H. For the purposes of this section:

1. "Passenger cart" means any motorized vehicle, except a bus, that is used to transport passengers on a public roadway in exchange for any form of payment or gratuity and that is not a vehicle for hire as defined in section 28-9501.

2. "Passenger convenience area" means an area designated by a city or town where taxis, passenger carts, livery vehicles or limousines may enter for the purpose of the loading and unloading of passengers.

3. "Vehicle for hire lane" means a designated traffic lane for use exclusively by vehicles picking up or dropping off passengers in exchange for any form of payment, including a fee, fare, donation or gratuity.
A.R.S. § 9-965 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 965
9-965 Termination of benefits
Status: in_force

9-965. Termination of benefits

If a beneficiary is declared to be an incapacitated person, pursuant to section 14-5101, or disobeys any requirement of this article, the board may order his pension or allowance discontinued. Thereafter his benefit is payable to his immediate dependents or to his guardian.
A.R.S. § 9-991 — Arizona Code / Title 9 / Chapter 8 / Article 5 / Section 991
9-991 Training requirement
Status: in_force

9-991. Training requirement

A professional fire fighter as defined in section 9-901 shall complete training certified by the director of the department of health services on the nature of sudden infant death syndrome as part of the basic training to become a fire fighter.
A.R.S. § 9-533 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 533
9-533 Validity of bonds
Status: in_force

9-533. Validity of bonds

A. Bonds issued under this article and bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the municipality issuing the bonds.

B. The validity of the bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the construction, acquisition, improvement, reconstruction or extension of the utility undertaking financed by the bonds or taken in connection therewith.
A.R.S. § 9-462.03 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.03
9-462.03 Amendment procedure
Status: in_force

9-462.03. Amendment procedure

A. The governing body of the municipality shall adopt by ordinance a citizen review process that applies to all rezoning and specific plan applications that require a public hearing.  The citizen review process shall include at least the following requirements:

1. Adjacent landowners and other potentially affected citizens will be notified of the application.

2. The municipality will inform adjacent landowners and other potentially affected citizens of the substance of the proposed rezoning.

3. Adjacent landowners and other potentially affected citizens will be provided an opportunity to express any issues or concerns that they may have with the proposed rezoning before the public hearing.

B. A zoning ordinance that changes any property from one zone to another, that imposes any regulation not previously imposed or that removes or modifies any such regulation previously imposed must be adopted following the procedure prescribed in the citizen review process and in the manner set forth in section 9-462.04.
A.R.S. § 9-252 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 252
9-252 Acknowledgment and filing of maps
Status: in_force

9-252. Acknowledgment and filing of maps

The maps required by section 9-251 shall be acknowledged by the proprietor, or some person for him duly authorized by deed, and a copy thereof, so acknowledged, shall be filed in the office of the county recorder, and also in the office of the clerk of the town.
A.R.S. § 9-461.05 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.05
9-461.05 General plans; authority; scope
Status: in_force

9-461.05. General plans; authority; scope

A. Each planning agency shall prepare and the governing body of each municipality shall adopt a comprehensive, long-range general plan for the development of the municipality.  The planning agency shall coordinate the production of its general plan with the creation of the state land department conceptual land use plans under title 37, chapter 2, article 5.1 and shall cooperate with the state land department regarding integrating the conceptual state land use plans into the municipality's general land use plan. The general plan shall include provisions that identify changes or modifications to the plan that constitute amendments and major amendments. The plan shall be adopted and readopted in the manner prescribed by section 9-461.06.

B. The general plan shall be so prepared that all or individual elements of the plan may be adopted by the governing body and that the plan may be made applicable to all or part of the territory of the municipality.

C. The general plan shall consist of a statement of community goals and development policies. The plan shall include maps, any necessary diagrams and text setting forth objectives, principles, standards and plan proposals.  The plan shall include the following elements:

1. A land use element that:

(a) Designates the proposed general distribution and location and extent of such uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land as may be appropriate to the municipality.

(b) Includes a statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.

(c) Identifies specific programs and policies that the municipality may use to promote infill or compact form development activity and locations where those development patterns should be encouraged.

(d) Includes consideration of air quality and access to incident solar energy for all general categories of land use.

(e) Includes policies that address maintaining a broad variety of land uses, including the range of uses existing in the municipality when the plan is adopted, readopted or amended.

(f) For cities and towns with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, includes consideration of military airport or ancillary military facility operations.  If a city or town includes land in a high noise or accident potential zone as defined in section 28-8461, the city or town shall identify the boundaries of the high noise or accident potential zone in its general plan for purposes of planning land uses in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility pursuant to section 28-8481, subsection J.

(g) Includes sources of aggregates from maps that are available from state agencies, information from the Arizona geological survey on how to locate existing mines, consideration of existing mining operations and suitable geologic resources, policies to preserve currently identified aggregates sufficient for future development and policies to avoid incompatible land uses, except that this subdivision does not affect any permitted underground storage facility or limit any person's right to obtain a permit for an underground storage facility pursuant to title 45, chapter 3.1.

(h) For a city or town that contains any portion of an influence area of a military installation or range or Arizona national guard site, include consideration of the military installation's or range's or Arizona national guard site's operations. The city or town shall identify the boundaries of the influence area in the general plan for the purposes of planning land uses in the influence area that are compatible with the operation of the military installation or range or Arizona national guard site. For the purposes of this subdivision, "influence area" and "military installation or range or Arizona national guard site" have the same meanings prescribed in section 9-500.50.

2. A circulation element consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use element of the plan.

D. For cities and towns with a population of more than two thousand five hundred persons but less than ten thousand persons and whose population growth rate exceeded an average of two percent per year for the ten-year period before the most recent United States decennial census and for cities and towns with a population of ten thousand or more persons according to the most recent United States decennial census, the general plan shall include, and for other cities and towns the general plan may include:

1. An open space element that includes:

(a) A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources.

(b) An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources.

(c) Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plans.

2. A growth area element, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. This element shall include policies and implementation strategies that are designed to:

(a) Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development.

(b) Conserve significant natural resources and open space areas in the growth area and coordinate their location to similar areas outside the growth area's boundaries.

(c) Promote the public and private construction of timely and financially sound infrastructure expansion through the use of infrastructure funding and financing planning that is coordinated with development activity.

3. An environmental planning element that contains analyses, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the general plan. The policies and strategies to be developed under this element shall be designed to have community-wide applicability and shall not require the production of an additional environmental impact statement or similar analysis beyond the requirements of state and federal law.

4. A cost of development element that identifies policies and strategies that the municipality will use to require development to pay its fair share toward the cost of additional public service needs generated by new development, with appropriate exceptions when in the public interest. This element shall include:

(a) A component that identifies various mechanisms that are allowed by law and that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in lieu fees, facility construction, dedications and service privatization.

(b) A component that identifies policies to ensure that any mechanisms that are adopted by the municipality under this element result in a beneficial use to the development, bear a reasonable relationship to the burden imposed on the municipality to provide additional necessary public services to the development and otherwise are imposed according to law.

5. A water resources element that addresses:

(a) The known legally and physically available surface water, groundwater and effluent supplies.

(b) The demand for water that will result from future growth projected in the general plan, added to existing uses.

(c) An analysis of how the demand for water that will result from future growth projected in the general plan will be served by the water supplies identified in subdivision (a) of this paragraph or a plan to obtain additional necessary water supplies.

E. The general plan shall include for cities with a population of fifty thousand persons or more and may include for cities with a population of less than fifty thousand persons the following elements or any part or phase of the following elements:

1. A conservation element for the conservation, development and utilization of natural resources, including forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation element may also cover:

(a) The reclamation of land.

(b) Flood control.

(c) Prevention and control of the pollution of streams and other waters.

(d) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.

(e) Prevention, control and correction of the erosion of soils, beaches and shores.

(f) Protection of watersheds.

2. A recreation element showing a comprehensive system of areas and public sites for recreation, including the following and, if practicable, their locations and proposed development:

(a) Natural reservations.

(b) Parks.

(c) Parkways and scenic drives.

(d) Beaches.

(e) Playgrounds and playfields.

(f) Open space.

(g) Bicycle routes.

(h) Other recreation areas.

3. The circulation element provided for in subsection C, paragraph 2 of this section shall also include for cities with a population of fifty thousand persons or more and may include for cities with a population of less than fifty thousand persons recommendations concerning parking facilities, building setback requirements and the delineations of such systems on the land, a system of street naming and house and building numbering and other matters as may be related to the improvement of circulation of traffic.  The circulation element may also include:

(a) A transportation element showing a comprehensive transportation system, including locations of rights-of-way, terminals, viaducts and grade separations. This element of the plan may also include port, harbor, aviation and related facilities.

(b) A transit element showing a proposed system of rail or transit lines or other mode of transportation as may be appropriate.

4. A public services and facilities element showing general plans for police, fire, emergency services, sewage, refuse disposal, drainage, local utilities, rights-of-way, easements and facilities for them.

5. A public buildings element showing locations of civic and community centers, public schools, libraries, police and fire stations and other public buildings.

6. A housing element consisting of standards and programs for the elimination of substandard dwelling conditions, for the improvement of housing quality, variety and affordability and for provision of adequate sites for housing. This element shall contain an identification and analysis of existing and forecasted housing needs. This element shall be designed to make equal provision for the housing needs of all segments of the community regardless of race, color, creed or economic level.

7. A conservation, rehabilitation and redevelopment element consisting of plans and programs for:

(a) The elimination of slums and blighted areas.

(b) Community redevelopment, including housing sites, business and industrial sites and public building sites.

(c) Other purposes authorized by law.

8. A safety element for the protection of the community from natural and artificial hazards, including features necessary for such protection as evacuation routes, peak load water supply requirements, minimum road widths according to function, clearances around structures and geologic hazard mapping in areas of known geologic hazards.

9. A bicycling element consisting of proposed bicycle facilities such as bicycle routes, bicycle parking areas and designated bicycle street crossing areas.

10. An energy element that includes:

(a) A component that identifies policies that encourage and provide incentives for efficient use of energy.

(b) An assessment that identifies policies and practices that provide for greater uses of renewable energy sources.

11. A neighborhood preservation and revitalization element, including:

(a) A component that identifies city programs that promote home ownership, that provide assistance for improving the appearance of neighborhoods and that promote maintenance of both commercial and residential buildings in neighborhoods.

(b) A component that identifies city programs that provide for the safety and security of neighborhoods.

F. The water resources element of the general plan does not require:

1. New independent hydrogeologic studies.

2. The city or town to be a water service provider.

G. The land use element of a general plan of a city with a population of more than one million persons shall include protections from encroaching development for any shooting range that is owned by this state and that is located within or adjacent to the exterior municipal boundaries.  The general plan shall establish land use categories within at least one-half mile from the exterior boundaries of the shooting range that are consistent with the continued existence of the shooting range and that exclude incompatible uses such as residences, schools, hotels, motels, hospitals or churches except that land zoned to permit these incompatible uses on August 25, 2004 are exempt from this exclusion. For the purposes of this subsection, "shooting range" means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment.  Shooting range does not include:

1. Any area for the exclusive use of archery or air guns.

2. An enclosed indoor facility that is designed to offer a totally controlled shooting environment and that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use.

3. A national guard facility located in a city or town with a population of more than one million persons.

4. A facility that was not owned by this state before January 1, 2002.

H. The policies and strategies to be developed under these elements shall be designed to have community-wide applicability. This section does not authorize the imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law.
A.R.S. § 9-584 — Arizona Code / Title 9 / Chapter 5 / Article 7 / Section 584
9-584 Microcell equipment in public highways; permits; fees; limitations; definitions
Status: in_force

9-584. Microcell equipment in public highways; permits; fees; limitations; definitions

A. A political subdivision shall allow the following persons and their affiliates to install, operate and maintain microcell equipment in the public highways that are under the jurisdiction of the political subdivision:

1. A telecommunications corporation within the licensed area of a license issued by the political subdivision under this article.

2. A telecommunications corporation described in section 9-582, subsection E.

3. A cable operator as defined in section 9-505 in the area of jurisdiction licensed by the political subdivision under section 9-506.

4. A video service provider in the service area licensed by the political subdivision.

B. On application a political subdivision shall issue permits for the installation, operation and maintenance of microcell equipment in the public highways within the political subdivision on a competitively neutral and nondiscriminatory basis to all persons specified in subsection A of this section. Only a qualified service provider may use microcell equipment to provide commercial mobile radio service.

C. All application fees, permit fees and charges levied by a political subdivision for applications or permits shall be levied on a competitively neutral and nondiscriminatory basis and directly related to the costs incurred by the political subdivision in providing services relating to the granting or administration of applications or permits.  These fees and charges also shall be reasonably related in time to the occurrence of the costs.

D. A political subdivision may not charge a recurring fee, rent or other charge for use of aerial strand-mounted microcell equipment in public highways within the political subdivision if the political subdivision levies a rent, fee or charge on a person identified in subsection A of this section for the use of the public highways to provide a service.  This subsection does not prohibit a political subdivision from charging a competitively neutral and nondiscriminatory rent, fee or charge for the use of utility poles or other poles of the political subdivision.

E. Except as the political subdivision agrees in the political subdivision's sole discretion, at each site microcell equipment is limited to:

1. Not more than two strand-mounted antennas and radio pairs that are owned by a person specified in subsection A of this section or a qualified service provider and that are used to provide commercial mobile radio service.

2. Related devices that are owned by a person specified in subsection A of this section and that are mounted on strand between utility poles, including power supplies, housings, cables and similar supporting furnishings and improvements.

F. This section does not:

1. Affect any authority of a political subdivision, an agricultural improvement district or any other special taxing district, or any other person controlling utility poles in the public highways to deny, limit, restrict or determine the terms and conditions for use of or attachment to the utility poles or attachments to other poles of the political subdivision, district or other person by a person specified in subsection A of this section.

2. Prohibit a political subdivision from imposing competitively neutral and nondiscriminatory requirements for a person identified in subsection A of this section to underground aerial facilities to which microcell equipment is attached.

3. Prohibit a political subdivision from imposing a tax, rent, fee or charge on revenue from services provided through microcell equipment.

4. Affect any authority of a political subdivision to manage the public highways within the political subdivision's boundaries or to exercise the political subdivision's police powers and land use powers, including review and approval of an application before issuing a permit.

5. Affect the application of federal law on processing applications, issuing permits and levying charges for the construction, management, installation, operation, maintenance and control of microcell equipment in the public highways.

G. For the purposes of this section:

1. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a person specified in subsection A of this section.

2. "Microcell equipment" means devices that are connected to the aerial facilities of a person specified in subsection A of this section and that are used solely for transmitting, processing and receiving voice and data wireless telecommunications services. Microcell equipment does not include any ground-based equipment.

3. Political subdivision does not include an agricultural improvement district or other special taxing district that controls utility poles or an irrigation district.

4. "Qualified service provider" means a person that has all applicable authorizations required to provide commercial mobile radio service using microcell equipment.

5. "Utility pole" means a pole or similar structure and attached appurtenances including strand that is designed for telecommunications, cable, data or electric functions.
A.R.S. § 9-501 — Arizona Code / Title 9 / Chapter 5 / Article 1 / Section 501
9-501 Grant of franchise
Status: in_force

9-501. Grant of franchise

A. A municipal corporation shall not grant a franchise for a public utility to be operated by the grantee unless authorized by a majority vote of the qualified voters of the municipal corporation at a regular election or at a special election duly and regularly called by the governing body of the municipal corporation for that purpose.

B. A telecommunications corporation may apply for either a license or a franchise from a municipal corporation under section 9-583, and the municipal corporation shall not require a franchise for a public utility for its provision of telecommunications services as defined in section 9-581.
A.R.S. § 9-813 — Arizona Code / Title 9 / Chapter 7 / Article 2 / Section 813
9-813 Posting of ordinances and notices
Status: in_force

9-813. Posting of ordinances and notices

Every ordinance imposing a penalty, fine, forfeiture or other punishment, in addition to the provisions of section 9-812, shall be published after its enactment by posting at city or town hall or in one public place, within the city or town, on the city's or town's website and any additional public notice as is reasonable and practicable and shall be in force from and after the date of posting. Exhibits to the ordinance may be excluded from the postings pursuant to this section if the city or town lists in the postings where the exhibits are available for public use and inspection.  Posting may be established by the affidavit of the person who posted the ordinance filed with the clerk.
A.R.S. § 9-535 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 535
9-535 Prior lien of bonds
Status: in_force

9-535. Prior lien of bonds

A. Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this article shall have a prior and paramount lien on the revenue of the utility undertaking for which the bonds have been issued over and ahead of bonds of an issue payable from that revenue which may be subsequently authorized, and over and ahead of claims or other obligations of any nature against that revenue subsequently arising or subsequently incurred.

B. Bonds of the same issue issued under this article shall be equally and ratably secured, without priority by reason of number, date, sale, execution or delivery, by a lien on the revenue in accordance with the terms of the resolution authorizing the bonds.
A.R.S. § 9-500.18 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.18
9-500.18 School district construction fees; prohibition; exception
Status: in_force

9-500.18. School district construction fees; prohibition; exception

Notwithstanding any other law, a city or town shall not assess or collect any fees or costs from a school district or charter school for fees pursuant to section 9-463.05, except that a city or town may assess or collect fees for streets and water and sewer utility functions only if the development as defined in section 9-463.05 is not funded in whole or in part with monies distributed from the new school facilities fund pursuant to section 41-5741.
A.R.S. § 9-518 — Arizona Code / Title 9 / Chapter 5 / Article 2 / Section 518
9-518 Compensation for taking public utility; procedure for determining
Status: in_force

9-518. Compensation for taking public utility; procedure for determining

A. Whenever the fair valuation of the plant and property of a public utility has not for any reason been determined by any other method provided by law, or where no other method is provided, the city or town may, subject to the provisions of this section, by the exercise of the right of eminent domain institute an action pursuant to article 2, chapter 8, of title 12, and the court or jury shall, in the manner hereinafter provided, ascertain and assess the compensation to be paid for the taking of the plant and property of the public utility.

B. The court or jury shall ascertain the compensation to be paid for the taking of the plant and property of the public utility, which shall include the fair and equitable value of such plant and property, including its value as a going concern, and the actual and consequential damages, if any, sustained by the public utility by reason of the severance from the other plant and property of the public utility of the plant and property to be taken. Compensation and damages shall be fixed as of the date of the commencement of the trial at which such compensation and damages are finally determined.

C. Any party of the action may appeal to the supreme court in the same manner as is provided for appeals in other civil actions by filing a notice of appeal with the superior court within thirty days from the entry of the judgment or order appealed from and posting a bond for costs. Any such appeal to the supreme court shall be preferred and shall be heard and determined in preference to other civil matters, except election actions, habeas corpus, quo warranto, mandamus, injunction and other extraordinary writs to state officers and inferior courts of which the supreme court has original jurisdiction.

D. Within six months after the date when the judgment has become final following an appeal, or within six months after the expiration of the time allowed by this section for appeal if no appeal is taken, the city or town shall pay into court the amount fixed by the judgment for the use of the public utility and such other persons as the judgment may provide. The public utility and such other persons as the judgment may provide who are entitled to the money paid into court may demand and receive the money at any time after its deposit upon filing a satisfaction of the judgment or a receipt for the money. If the city or town fails or refuses to pay the amount of the judgment into court within such period of six months, the court shall vacate the judgment and enter judgment dismissing the complaint and taxing costs in favor of the defendants in the action, including in such event a reasonable allowance for engineering costs and expert witness fees.

E. Within thirty days after the date when the judgment becomes final following an appeal, or within thirty days after the expiration of the time allowed for appeal if no appeal is taken, the public utility shall file with the court a report, verified under oath, of the amounts actually expended by it for additions, betterments, improvements and extensions which it has been required to make between the date of the commencement of trial and the date of such report, together with an estimated forecast of the amounts it will be required to make for the public convenience and necessity during the ensuing six months. Thereafter, and until the expiration of the time provided for the payment by the city or town of the amount of the judgment into court, the public utility shall every thirty days file with the court a verified supplemental report of the amounts it has actually expended for such purposes since the date of the initial report. Such reports may be considered by the court in determining the amount of the deposit to be made or bond to be posted by the city or town as provided by subsection F, and may be considered at the trial provided by subsection I but shall not be conclusive of the amount to be ascertained as the compensation to be paid by the city or town for such additions, betterments, improvements and extensions.

F. Upon payment of the amount of the judgment into court within the time provided, the city or town shall make application to the court for an order permitting it to take possession of, and use and operate the plant and property of the public utility, including the additions, betterments, improvements and extensions for the public convenience and necessity which the public utility has been or will be required to make between the date of the commencement of the trial and the date of taking possession thereof by the city or town. Upon filing the application a time shall be fixed by the court for a hearing to determine the probable fair and equitable value of such additions, betterments, improvements and extensions, and written notice of such hearing shall be given to the public utility and other defendants, if any, at least ten days prior to the date fixed, by service of a copy of such notice in such manner as the court directs. On the day fixed for the hearing, the court shall determine the probable value of the additions, betterments, improvements and extensions which the public utility has been required to make since the date of the commencement of the trial, and shall direct that upon deposit of money, or the posting of a bond with good and sufficient sureties, in the amount so determined, the city or town shall be let into the possession and full use of the plant and property of the public utility described in the judgment, together with the additions, betterments, improvements and extensions made since the date of commencement of the trial. Upon deposit of the money or the posting of a bond in the required amount, the city or town may go into the possession and full use of the plant and property of the public utility, described in the judgment, together with the additions, betterments, improvements and extensions referred to in the order of the court. No appeal may be taken from an order of the court determining the amount of the deposit to be made or the bond to be posted by the city or town.

G. The parties may stipulate as to the amount of the deposit or of the bond in lieu of the deposit; but such stipulation or evidence of such deposit or of the bond shall not be introduced in evidence or used to the prejudice of any party to the action.

H. At the hearing to fix the probable value of the additions, betterments, improvements and extensions, the court shall direct the parties to file such supplemental pleadings as the court may deem necessary to set forth the claims of the public utility with respect to such value and the response of the city or town thereto, shall fix the time within which such pleadings should be filed, and shall set the matter for trial before the court or a jury for the purpose of ascertaining the compensation to be paid for the additions, betterments, improvements and extensions required to be made by the public utility between the date of commencement of the trial and the date the city or town is let into possession of the public utility's plant and property.

I. The court or jury shall ascertain the compensation to be paid for additions, betterments, improvements and extensions, which shall be the fair and equitable value thereof as of the date the city or town took possession of the public utility plant and property, and the amount so determined shall draw interest at the legal rate from such date. In fixing such value such additions, betterments, improvements and extensions shall not be considered or treated as being severed from the plant and property included in the judgment theretofore entered. Such additions, betterments, improvements or extensions shall be deemed to have been made for the public convenience and necessity, if such additions, betterments, improvements or extensions are found by the court to have been reasonably necessary and prudently made as incidental capital expense in the ordinary and usual conduct of a public utility business, or if the additions, betterments, improvements or extensions were ordered to be made by the corporation commission. Upon such value being determined a supplemental judgment shall be entered therefor, from which any party to the action may appeal to the supreme court in the same manner and within the same time as is provided for appeals from the judgment in the action, except that any asserted grounds for appeal shall be limited to those arising in the proceeding to fix the compensation to be paid for the betterments, additions, improvements and extensions.

J. Within ninety days after the date said supplemental judgment has become final following an appeal, or within ninety days after the expiration of the time allowed for appeal if no appeal is taken, the city or town shall pay into court all amounts fixed by the supplemental judgment for the use of the public utility and such other persons as the supplemental judgment shall provide, less any amount theretofore deposited with the court if such amount be less than the supplemental judgment. If the city or town shall have posted a bond, all amounts provided by the supplemental judgment shall be paid into court and the bond exonerated. The public utility and such other persons as the supplemental judgment may provide may demand and receive from the money deposited the amount of the supplemental judgment with interest and costs, if any.

K. If the complaint of the city or town is dismissed as provided by subsection D, no action in court to acquire or take the same plant and property of the public utility, or any portion thereof, shall be instituted by the city or town within three years after such dismissal.

L. All proceedings and trials provided by this section shall be preferred and shall be heard and determined in preference to other civil matters, except election actions.

M. The provisions of this section for ascertaining and assessing compensation for the taking of the plant and property of a public utility and the obtaining of possession and use of such property by a city or town are intended to be remedial.
A.R.S. § 9-1452 — Arizona Code / Title 9 / Chapter 13 / Article 5 / Section 1452
9-1452 Statute of limitations; costs and attorney fees; federal subscriber service requirements
Status: in_force

9-1452. Statute of limitations; costs and attorney fees; federal subscriber service requirements

A. Except as provided in section 9-1445, subsections F, G and H, a complaint under this article must be filed within two years after the complainant realizes it has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition that caused or contributed to the alleged violation.

B. Each party to a dispute under this chapter shall bear its own attorney fees and costs.

C. This article does not apply to claims that a video service provider has failed to meet subscriber service standards prescribed by section 9-1433, subsection B, paragraph 5 or has violated title 44, chapter 10, article 7. Claims of violations of federal subscriber service standards shall be made pursuant to the procedure established under federal law.
A.R.S. § 9-441 — Arizona Code / Title 9 / Chapter 4 / Article 4 / Section 441
9-441 Definitions
Status: in_force

9-441. Definitions

In this article, unless the context otherwise requires:

1. "Housing" means any structure suitable for residence by an individual or family.

2. "Housing development area" means an area within a municipality that is declared by the local governing body to be in serious need of housing and that is declared to be in need of the expenditure of public monies to assist the development of housing in the area.

3. "Housing development project" means any undertaking related to real property, structures or improvements in a housing development area, for the purpose of establishing housing and other facilities necessary or incidental to the housing and primarily for the use of those residing in the housing.

4. "Local governing body" means the council or legislative body charged with governing the municipality.

5. "Municipality" means an incorporated city or town.

6. "Obligee" includes any bondholder, any agents or trustees for any bondholders or any lessor demising to the municipality property used in connection with a housing development project, or any assignee or assignees of such lessor's interest or any part of the lessor's interest, and the federal government when it is a party to any contract with the municipality.
A.R.S. § 9-500.05 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.05
9-500.05 Development agreements; public safety; definitions
Status: in_force

9-500.05. Development agreements; public safety; definitions

A. A municipality, by resolution or ordinance, may enter into development agreements relating to property in the municipality and to property located outside the incorporated area of the municipality.  If the development agreement relates to property located outside the incorporated area of the municipality, the development agreement does not become operative unless annexation proceedings to annex the property to the municipality are completed within the period of time specified by the development agreement or any extension of such time.

B. A development agreement shall be consistent with the municipality's general plan or specific plan, if any, as defined in section 9-461, applicable to the property on the date the development agreement is executed.

C. A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the development agreement or by their successors in interest or assigns.

D. No later than ten days after a municipality enters into a development agreement, the municipality shall record a copy of the agreement with the county recorder of the county in which the property subject to the development agreement is located, and the recordation constitutes notice of the development agreement to all persons.  The burdens of the development agreement are binding on, and the benefits of the development agreement inure to, the parties to the agreement and to all their successors in interest and assigns.

E. Section 32-2181 does not apply to development agreements under this section.

F. Notwithstanding any other law, a municipality may provide by resolution or ordinance for public safety purposes, and with the written consent of an owner of property that has been granted a development agreement pursuant to this section, an owner of a protected development right pursuant to chapter 11 of this title or the owner of any other residential or commercial development subject to the supervision of a municipality pursuant to this title, for the application and enforcement of speed limits, vehicle weight restrictions or other safety measures on a private road that is located in any development in the municipality and that is open to and used by the public.  A municipality may require payment from the property owner of the actual cost of signs for speed limits or other restrictions applicable on the private road, before their installation.

G. Notwithstanding section 19-142, subsection B, a decision by the governing body involving a development agreement may not be enacted as an emergency measure and that decision is not effective for at least thirty days after final approval of the development agreement.

H. In this section, unless the context otherwise requires:

1. "Development agreement" means an agreement between a municipality and a community facilities district pursuant to section 48-709, a landowner or any other person having an interest in real property that may specify or otherwise relate to any of the following:

(a) The duration of the development agreement.

(b) The permitted uses of property subject to the development agreement.

(c) The density and intensity of uses and the maximum height and size of proposed buildings within such property.

(d) Provisions for reservation or dedication of land for public purposes and provisions to protect environmentally sensitive lands.

(e) Provisions for preservation and restoration of historic structures.

(f) The phasing or time of construction or development on property subject to the development agreement.

(g) Conditions, terms, restrictions and requirements for public infrastructure and the financing of public infrastructure and subsequent reimbursements over time.

(h) Conditions, terms, restrictions and requirements for annexation of property by the municipality and the phasing or timing of annexation of property by the municipality.

(i) Conditions, terms, restrictions and requirements of deannexation of property from one municipality to another municipality and the phasing or timing of deannexation of property from one municipality to another municipality.

(j) Conditions, terms, restrictions and requirements relating to the governing body's intent to form a special taxing district pursuant to title 48.

(k) Any other matters relating to the development of the property.

2. "Governing body" means the body or board which by law is constituted as the legislative body of the municipality.

3. "Municipality" means an incorporated city or town.