A.R.S. § 48-571 — Arizona Code / Title 48 / Chapter 4 / Article 2 / Section 571
48-571 Definitions; appointment of officer
Status: in_force

48-571. Definitions; appointment of officer

A. In this article and article 1 of this chapter, unless the context otherwise requires:

1. "Assessment" or "assessment roll" means a special assessment made under the provisions of this article.

2. "Block" means any parcel of ground, whether regular or irregular, which is bounded by streets, or by one or more streets and by one or more boundary lines of the city or town.

3. "Clerk" includes any person or official who performs the duties of clerk of the city or town.

4. "Contractor" includes the contractor's personal representative or assignee.

5. "Council" or "governing body" includes and means the body or board which by law is constituted the legislative department of an incorporated city or town.

6. "Delinquency" means delinquency in the payment of an assessment made under the provisions of this article.

7. "Designated area" means an area of the municipality which is either designated pursuant to section 36-1479 as a slum or blighted area or designated as a pocket of poverty or a neighborhood strategy area by the United States department of housing and urban development, pursuant to title I of the housing and community development act of 1977 as amended (42 United States Code sections 5301 through 5320) and the department of housing and urban development act (42 United States Code section 3535(d)).

8. "Engineer" includes any person who, under whatever official name, is the civil engineer or surveyor of the city or town, and where there is no elected or appointed official, then the engineer is the person who may be appointed or employed by the council to perform the duties required of an engineer under the provisions of this article.

9. "Improvement bond" means a bond issue under the provisions of this article.

10. "Lighting plants" includes electric light plants, electric power plants, gas plants, distribution systems, poles, parts, pipes, conduits, wires, tanks, reservoirs, generators for gas or electricity, transmission lines, towers, lamps, transformers of every character, machinery, apparatus, equipment and all appliances and structures necessary or incidental to the construction, installation or operation of a complete municipal electric light, power and gas plant and distribution system, placed on the streets improved, though extended beyond.

11. "Lot" includes any portion, piece, parcel or subdivision of land, and includes property owned or controlled by any person as a railroad right-of-way.

12. "Mayor" includes the chairman or president of the governing body.

13. "Municipality" or "city" includes incorporated cities and towns.

14. "Owner" means the person in whom, on the day the action or proceeding is commenced, appears the legal title to the lot by deed recorded in the recorder's office, or the person in possession of the lot under claim of title, or exercising acts of ownership over the lot for the person, or as the personal representative of the owner.

15. "Railroad" includes street railroad and interurban railroad.

16. "Sewers" includes tunnels, excavations, ditches, drains, conduits, channels, outlets, outfalls, cesspools, manholes, catch basins, flush tanks, septic tanks, connecting sewers of every character, machinery, apparatus, equipment and all appliances and structures necessary or incidental to the construction, installation or operation of a complete sewer system, for either sanitary or drainage purposes.

17. "Street" includes avenues, alleys, highways, lanes, crossings, intersections, courts, places and grounds now open or dedicated or hereafter opened or dedicated to public use, and public ways.

18. "Street superintendent" or "superintendent" includes any person who, under whatever official name, is charged with the care or supervision of the streets of the city or town.

19. "Time of delinquency" means the time fixed when assessments become delinquent.

20. "Treasurer" includes any person who, under whatever official name, is the custodian of the funds of the city or town.

21. "Waterworks" includes pipes, hydrants, reservoirs, wells, pumps, pumping plants, conduits, settling basins, filtering plants of every character, machinery, apparatus, equipment and all appliances and structures necessary or incidental to the construction, installation or operation of a complete municipal waterworks system, for fire protection, or for domestic irrigation, mechanical or power purposes, placed on the streets improved, though extended beyond.

22. "Work" or "improvement" includes any or all of the improvements mentioned and authorized to be made in this and article 1 of this chapter and the construction, reconstruction and repair of all or any portion of the improvements, and all labor, services, incidental expenses and material necessary or incidental to the construction, reconstruction or repair.

B. In any city or town having no officer in this article designated, or performing like duties, the governing body may appoint a suitable person to discharge the duties.
A.R.S. § 48-408 — Arizona Code / Title 48 / Chapter 3 / Article 1 / Section 408
48-408 Powers and duties of directors; compensation
Status: in_force

48-408. Powers and duties of directors; compensation

A. The directors shall hold an annual meeting and such other meetings as they may determine are necessary from time to time. They shall make an annual report pursuant to section 48-251 showing the receipts and disbursements of all funds and property belonging to the district. They shall prepare an annual budget of the proposed expenditures to be made during the succeeding year. Any monies that may accrue to the district that are in excess of the budgetary requirements for the succeeding year may be invested by the directors in public bonds or deposited in a federal reserve bank or other federally insured depository.

B. A director shall serve without compensation, except that he shall be paid ten dollars per diem and expenses of not to exceed ten dollars for each day the directors meet to transact district business. Any director who may be designated so to do may travel within and without the state and may use vehicles owned by the district or public transportation for such travel when on district business, and shall be paid ten dollars per diem and actual travel expenses when so engaged.

C. The directors shall determine the number and compensation of all district employees and shall hire and discharge such employees as they see fit.

D. The directors may expend district funds for the purchase of any property, real or otherwise, equipment, supplies, services and all manner of things that may be required to carry out the intent and purpose of the district and may acquire by purchase, condemnation or otherwise in the name of the district any lands, right-of-ways, easements, or other real property necessary for the district. The directors may sell or lease any lands, right-of-ways, easements, material or other property, real or personal, acquired by the district, and may sue and be sued.

E. All district property and equipment shall be exempt from state and county taxes of any kind.

F. The directors may assign such district business as they may determine to a manager appointed by them and paid by the district. The manager shall have such powers as the directors may authorize.

G. The directors shall annually set the assessment for each acre of the crop to be protected by the district, and shall so notify the county assessor prior to March 1 of each year.

H. The directors may ask for amendments to the district either adding or removing pests from the list of those to be controlled or extending or contracting the boundaries of the district. The amendments shall be made in the same manner as the original district was formed.

I. The directors may contract and cooperate with agencies, instrumentalities and departments of the state, the county and the United States interested in the control, extermination and eradication of the pest sought to be controlled or eradicated and may in addition thereto do those things required in order to secure financial assistance from said agencies, instrumentalities and departments.

J. The directors shall establish minimum requirements to control pests by landowners in the district before the directors expend district funds on infested lands.
A.R.S. § 48-511 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 511
48-511 Referees; duties; report
Status: in_force

48-511. Referees; duties; report

A. The referees shall at once proceed to view the lands sought to be condemned and ascertain the proper compensation to be paid to such of the parties interested in each parcel as have waived a trial by jury or by the court.

B. The referees may examine witnesses under oath to be administered by any of them, and may have subpoenas issued by the clerk of the court requiring the attendance of witnesses, or production of evidence before them.

C. The referees shall make and file with the court a written report of their findings, and their necessary expenses within thirty days after the date of their appointment, or within such extended time, not exceeding ninety days, as the court, upon good cause shown, may allow.

D. If a vacancy in the referees occurs and is filled, or if new referees are appointed, or if a new report from the same referees is ordered, as provided in this article, the time for filing the report shall be thirty days from the date of the order filling the vacancy, or appointing new referees, or ordering a new report from the same referees, and the time may be extended as above provided. Any two of the referees who agree thereto may make the report.
A.R.S. § 48-254 — Arizona Code / Title 48 / Chapter 1 / Article 9 / Section 254
48-254 Truth in taxation notice and hearing; roll call vote on tax increase; definition
Status: in_force

48-254. Truth in taxation notice and hearing; roll call vote on tax increase; definition

A. On or before February 10 of the tax year, the county assessor shall transmit and certify to the property tax oversight commission and to the governing body of each county flood control district, county free library district, county jail district and public health services district the total net assessed values that are required to compute the levy prescribed by sections 48-3620, 48-3903, 48-4023, 48-4023.01 and 48-5805.  If the proposed secondary property tax levy of the special taxing district, excluding amounts attributable to new construction, is greater than the amount levied by the special taxing district in the preceding tax year:

1. The governing body shall publish a notice that meets all of the following requirements:

(a) Is published twice in a newspaper of general circulation in the county. The first publication shall be at least fourteen but not more than twenty days before the date of the hearing. The second publication shall be at least seven but not more than ten days before the date of the hearing.

(b) Is published in a location other than the classified or legal advertising section of the newspaper in which it is published.

(c) Is at least one-fourth page in size and is surrounded by a solid black border at least one-eighth inch in width.

(d) Is in the following form, with the "truth in taxation hearing-notice of tax increase" headline in at least eighteen-point type:

Truth in Taxation Hearing

Notice of Tax Increase

In compliance with section 48-254, Arizona Revised Statutes, (name of special taxing district) is notifying its property taxpayers of (name of special taxing district)'s intention to raise its secondary property taxes over last year's level. (name of special taxing district) is proposing an increase in secondary property taxes of $__________ or _____%.

For example, the proposed tax increase will cause (name of special taxing district)'s secondary property taxes on a $100,000 home to be $(total proposed taxes including the tax increase).  Without the proposed tax increase, the total taxes that would be owed on a $100,000 home would have been $_______.

This proposed increase is exclusive of increased secondary property taxes received from new construction. The increase is also exclusive of any changes that may occur from property tax levies for voter-approved bonded indebtedness.

All interested citizens are invited to attend the public hearing on the tax increase that is scheduled to be held (date and time) at (location).

(e) Is included in the proposed budget and in the budget finally adopted pursuant to section 48-252.

2. Instead of publishing the truth in taxation notice, the governing body may mail the truth in taxation notice prescribed by paragraph 1, subdivision (d) of this subsection to all registered voters in the special taxing district at least ten but not more than twenty days before the date of the hearing on the estimates pursuant to section 42-17104.

3. In addition to publishing the truth in taxation notice under paragraph 1 of this subsection or mailing the notice under paragraph 2 of this subsection, the governing body shall issue a press release containing the truth in taxation notice. The press release must:

(a) Include the name of the newspaper of general circulation in which the truth in taxation notice will be published and the dates on which the truth in taxation notice will be published.

(b) Be posted on the official website of the special taxing district.

4. The governing body may only consider a motion to levy the increased property taxes by roll call vote.

5. Within three days after the hearing, the governing body shall mail a copy of the truth in taxation notice, as a statement of its publication or mailing, and the result of the governing body's vote under paragraph 4 of this subsection to the property tax oversight commission.

6. The governing body shall hold the truth in taxation hearing concurrently with the adoption of the county budget under section 42-17105.

B. If the governing body fails to comply with the requirements of this section, the governing body may not fix, levy or assess an amount of secondary property taxes that exceeds the preceding year's amount, except for amounts attributable to new construction.

C. For the purposes of this section, "amounts attributable to new construction" means the net assessed valuation of property added to the tax roll since the previous year multiplied by a property tax rate computed by dividing the secondary property tax levy of the special taxing district in the preceding year by the estimate of the total net assessed valuation of the special taxing district for the current year, excluding the net assessed valuation attributable to new construction.
A.R.S. § 48-410 — Arizona Code / Title 48 / Chapter 3 / Article 1 / Section 410
48-410 Dissolution of district
Status: in_force

48-410. Dissolution of district

A. Districts may be dissolved by an order of the board of directors of the district or dissolved in the same manner as they were initiated. After an order of the board has been made dissolving a district, the board of supervisors shall succeed to all the powers of the district until the obligations and disposal of district assets have been fully satisfied.

B. If any funds remain in the district fund after dissolution and satisfaction of all outstanding obligations and sale of district property, the remainder shall be credited to each owner of property in the former district in proportion to the assessment last paid by him.
A.R.S. § 48-404 — Arizona Code / Title 48 / Chapter 3 / Article 1 / Section 404
48-404 Hearing; election; form of ballot; qualifications of electors
Status: in_force

48-404. Hearing; election; form of ballot; qualifications of electors

A. The board of supervisors shall hear the petition in accordance with the notice, hearing all persons in favor of or against the formation of the district and shall determine the adequacy of the petition.

B. If the board of supervisors determines that the petition is adequate they shall call an election within ninety days, which election shall be held in the same manner as other county elections and may be held with or in conjunction with another county election.

C. The board of directors of a corporation shall, by resolution entered upon its minutes, designate a member of the board who may vote for the corporation. Written notice of the name of the person authorized to vote for the corporation shall forthwith be given to the board of supervisors by the corporation.

D. Only those electors who make affidavit at the time of voting that they are of record the owner of one or more acres of the crop enumerated in the petition shall be entitled to vote or to hold office as director. Nonresident owners may vote and hold office as director.

E. The ballot shall be substantially as follows:

"In favor of the formation of Pest Control District   ( )

Against the formation of Pest Control District  ( )

Acres of enumerated crop I own      ( )

Names of proposed directors:  ( )

__________________________________________      ( )

__________________________________________      ( )

__________________________________________      ( )

__________________________________________      ( )

__________________________________________      ( )

Signature _____________________"

F. There shall be not less than five proposed directors and additional spaces shall be provided for additional names to be entered by the voter should he choose.
A.R.S. § 48-266 — Arizona Code / Title 48 / Chapter 1 / Article 10 / Section 266
48-266 Petitions of property owners; form; verification
Status: in_force

48-266. Petitions of property owners; form; verification

A. The secretary of state shall promulgate sample petition forms, with instructions for completing the form, that comply with the requirements of this section.  Petitions that conform to the sample form will be deemed to have complied with subsections B, C and D of this section. Petitions that do not conform to the sample petition are void and shall not be counted in determining the legal sufficiency of the petition.

B. A petition of property owners that is submitted to comply with section 48-261, subsection A, paragraph 7 shall contain a heading that clearly identifies the type of petition being circulated and a statement that clearly describes the type of action being proposed. The petition shall be in a form that is substantially similar to the following:

Special taxing district creation petition

To the board of supervisors of (insert name) county:

We the undersigned, property owners of (insert name of county), state of Arizona and owning property within the boundaries as illustrated and defined on the attached exhibit(s), legal description and map of the proposed boundaries, petition the county board of supervisors to create a (insert description of district) as described in the attached exhibit(s). I have personally signed this petition with my first and last names.  I have not signed any other petition for the same measure. I am a property owner of the state of Arizona, county of _____________.

Notice: this is only a description of the district sought to be created by the sponsor of the measure.  It may not include every provision contained in the measure.  Before signing, make sure the exhibits are attached.  You have the right to read or examine the district impact statement before signing.

Warning

It is a class 1 misdemeanor for any person to knowingly do any of the following:

1. Sign a district creation petition with a name other than the person's own name, except in a circumstance where the person signs for another person, in the presence of and at the specific request of that person, who is incapable of signing that person's own name because of physical infirmity.

2. Sign the person's name more than once for the same measure.

3. Sign a district creation petition if the person is not a property owner.

Signature   Name  Actual        Arizona   City or     Date

(first and  Address     Post Office   Town

last name   (street &     Address   (if any)

printed)    no. and if    & Zip

no street     Code

address,

describe

residence

location)

(Fifteen numbered lines for signatures)

C. A petition of property owners that is submitted to comply with section 48-262, subsection A, paragraph 10 shall contain a heading that clearly identifies the type of petition being circulated and a statement that clearly describes the type of action being proposed.  The petition shall be in a form substantially similar to the following:

Special taxing district annexation petition

To the governing body of the (insert name) district:

We the undersigned, property owners of (insert name of county), state of Arizona and owning property within the boundaries as illustrated and defined on the attached exhibit(s), legal description and map of the proposed boundaries, petition the district to annex the territory as described in the attached exhibit(s).  The area petitioning for annexation, if approved by the governing body of the district, shall become part of the annexing district and subject to all relevant provisions of the Arizona Revised Statutes.  I have personally signed this petition with my first and last names.  I have not signed any other petition for the same measure.  I am a property owner of the state of Arizona, county of _____________.

Notice: this is only a description of the territory sought to be annexed by the sponsor of the measure. It may not include every provision contained in the measure. Before signing, make sure the exhibits are attached. You have the right to read or examine the boundary change impact statement before signing.

Warning

It is a class 1 misdemeanor for any person to knowingly do any of the following:

1. Sign a district annexation petition with a name other than the person's own name, except in a circumstance where the person signs for another person, in the presence of and at the specific request of that person, who is incapable of signing that person's own name because of physical infirmity.

2. Sign the person's name more than once for the same measure.

3. Sign a district annexation petition if the person is not a property owner.

Signature   Name  Actual        Arizona   City or     Date

(first and  Address     Post Office   Town

last name   (street &     Address   (if any)

printed)    no. and if    & Zip

no street     Code

address,

describe

residence

location)

(Fifteen numbered lines for signatures)

D. Each petition sheet shall have printed in capital letters in not less than twelve point bold-faced type in the upper right-hand corner of the face of the petition sheet the following:

"___________ paid circulator" "______________ volunteer"

E. A circulator of petitions shall state whether the circulator is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures.

F. Signatures obtained on petitions in violation of subsection D of this section are void and shall not be counted in determining the legal sufficiency of the petition.  The presence of signatures that are invalidated under this subsection on a petition does not invalidate other signatures on the petition that were obtained as prescribed by this section.

G. At the time of signing, the real or personal property owner shall sign the property owner's first and last names in the spaces provided and the property owner so signing for the person circulating the petition shall print the first and last names and write, in the appropriate spaces following the signature, the signer's residence address, giving street and number, and if the property owner has no street address, a description of the residence location. The  property owner so signing or the person circulating the petition shall write, in the appropriate spaces following the property owner's address, the date on which the property owner signed the petition.

H. The title and text of petitions shall be in at least eight point type.

I. The eight point type required by subsection H of this section does not apply to maps, charts or other graphics.

J. The board of supervisors or other governing body of a political subdivision that receives a petition pursuant to this section shall submit a copy of the signature sheets to the county assessor for verification. The county assessor shall:

1. Verify that the petition contains the names of more than one-half of the property owners in the area of the proposed district.

2. Determine the total assessed valuation of the property owned by the persons whose names are signed on the petition.

K. The county assessor shall report the results of the verification to the board of supervisors or other governing body within ten days after receiving the copy of the signature sheets, not including Saturdays, Sundays and other legal holidays.

L. If the report of the county assessor prepared pursuant to subsection K of this section determines that the valid signatures submitted are insufficient to meet the requirements of section 48-261, subsection A, paragraph 7, subdivision (b) and the one-year period to submit signatures pursuant to section 48-261, subsection A, paragraph 6 has not yet expired or to meet the requirements of section 48-262, subsection A, paragraph 10, subdivision (b) and the one-year period to submit signatures pursuant to section 48-262, subsection B, paragraph 3 has not yet expired, the person submitting the petitions may submit additional petition signatures. The original petition signatures may be submitted any time during the one-year period for submittal and the additional submission must also be made within the same one-year period to submit signatures set by section 48-261, subsection A, paragraph 6 or section 48-262, subsection B, paragraph 3.  If additional signatures are submitted, they shall be submitted to the county assessor for verification pursuant to subsections J and K of this section.
A.R.S. § 48-301 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 301
48-301 Antinoxious weed districts; formation; territorial limits
Status: in_force

48-301. Antinoxious weed districts; formation; territorial limits

When a majority of the resident holders of title or evidence of title, including entrymen of lands of the United States or of this state, to lands in a district proposed to be organized under this article, desire to provide for the eradication and control of noxious weeds, shrubs, grasses or vines within their district, they may propose the organization of an antinoxious weed district. The district shall be wholly within one county and shall embrace not more than one hundred thousand acres of irrigable farming land.
A.R.S. § 48-320 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 320
48-320 Violations; classification
Status: in_force

48-320. Violations; classification

An owner, lessee, tenant or person in charge of premises which have been quarantined under the provisions of this article, who fails to obey the quarantine and any person who interferes with the officers, agents or employees of the district in the discharge of their duty, is guilty of a class 3 misdemeanor.
A.R.S. § 48-271 — Arizona Code / Title 48 / Chapter 1 / Article 11 / Section 271
48-271 Board of supervisors authority to approve or deny formation of special district
Status: in_force

48-271. Board of supervisors authority to approve or deny formation of special district

A. Notwithstanding any provision of law for the formation of a special taxing district, the county board of supervisors has the absolute authority to deny the formation, other than under chapter 4, 11, 12, 17, 18, 19 or 22 of this title, of a special district in that county, if sufficient grounds exist for such formation denial. Nothing in this subsection shall be deemed to limit in any way judicial review of a decision by the board of supervisors in denying the formation of a special taxing district.

B. For purposes of this section, a special district is any entity proposed to be established on or after January 1, 1989 with substantially the following characteristics:

1. The status of a political subdivision of this state vested with the rights, privileges and immunities of a municipality to the extent consistent with its stated purposes.

2. A limited purpose as stated in its authorizing statutes.

3. An independently elected governing body.

4. Exterior boundaries within or coterminous with a single county.

5. The power to impose and collect taxes.

6. Perpetual succession of its governmental existence, purpose, powers and governing body, subject to a prescribed dissolution procedure.

7. Corporate existence separate and apart from any other unit of government.
A.R.S. § 48-174 — Arizona Code / Title 48 / Chapter 1 / Article 5 / Section 174
48-174 Terms of contract relating to maintenance and operation of works
Status: in_force

48-174. Terms of contract relating to maintenance and operation of works

Notwithstanding any general, special or local law, the contract or agreement may provide for the maintenance and operation of the works, properties or undertakings of the district and for the distribution of irrigation water, electrical power or other services or facilities thereof during the term provided by the contract or agreement, by the federal government or by the holders of a percentage in amount of the then outstanding bonds of the district as provided in the contract or agreement or by any public or private agency designated in the contract or agreement. The private agency may be a corporation directly or indirectly owned or controlled by the district.
A.R.S. § 48-556 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 556
48-556 Issuance of bonds on revised assessment; increase or decrease of amount assessed; invalid assessments
Status: in_force

48-556. Issuance of bonds on revised assessment; increase or decrease of amount assessed; invalid assessments

A. Bonds shall be issued for the amount determined and assessed by the appraisers as revised by the governing body, and assessments for the amount shall remain of record in the office of the superintendent of streets. The assessments shall be payable in installments, as provided by the original proceedings.

B. If the proceedings in the superior court result in increasing the amount necessary to pay compensation and damages assessed, the governing body shall levy an additional assessment upon the parcels of land included in the assessment. The additional assessment shall be apportioned among the several parcels of land included in the assessment in the same proportion as the assessments approved by the governing body.

C. If the proceedings in the superior court result in decreasing the amount necessary to pay compensation and damages, the amount of decrease shall be prorated among the parcels assessed and credited on the taxes of the city or town assessed on the respective parcels.

D. If for any reason any or all assessments against which bonds are issued under the provisions of this article are held invalid, the governing body shall levy a new assessment against the parcel or parcels of land against which the assessments have been held invalid for the amount required to subject such parcel or parcels to the proper proportion of the benefits derived by it from the improvement.
A.R.S. § 48-306 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 306
48-306 Change of types of weeds controlled; election
Status: in_force

48-306. Change of types of weeds controlled; election

If it appears that a noxious growth not named and described in the petition for organization of the district should be added to or eliminated from the petition, the board of directors may by resolution, and shall, on the filing of a petition signed by twenty-five of the qualified electors of the district, submit the proposition to a vote of the qualified electors of the district at the next general election.
A.R.S. § 48-512 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 512
48-512 Compensation and damages; date of accrual; apportionment
Status: in_force

48-512. Compensation and damages; date of accrual; apportionment

A. The compensation and damages shall be deemed accrued at the date of the order appointing referees or of the order setting the cause for trial, and its actual value at that date shall be the measure of compensation for all property to be actually taken, and of damages to property not taken but injuriously affected. Improvements placed upon the property subsequent to the date of publishing the notice of the passage of the resolution of intention shall not be included in the assessment of compensation or damages.

B. The referees, the court or the jury, shall find separately the value of each parcel of property sought to be condemned, and all improvements thereon pertaining to the realty and of each separate estate or interest therein. If a parcel sought to be condemned is only a part of a larger parcel, they shall find the damages which will accrue to the portion not sought to be condemned, and to each separate estate or interest therein by reason of its severance from the portion sought to be condemned, and the construction of the improvement in the manner proposed by the plaintiff. Such damages shall be fixed irrespective of any benefit from the improvement.
A.R.S. § 48-517 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 517
48-517 Abandonment of proceedings; return of assessments paid
Status: in_force

48-517. Abandonment of proceedings; return of assessments paid

The council may, at any time prior to payment of the compensation awarded the defendants, abandon the proceedings and cause the action to be dismissed without prejudice. If any of the assessments levied to pay the expense of the improvements, as provided in this article, have been actually paid in money at the time of abandonment, the money shall be refunded to the persons by whom it was paid.
A.R.S. § 48-540 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 540
48-540 List of unpaid assessments; issuance of bonds; denominations; coupons; due date
Status: in_force

48-540. List of unpaid assessments; issuance of bonds; denominations; coupons; due date

A. When the city council has determined that improvement bonds shall be issued, and after the expiration of the thirty day period provided for from the date of publication of the notice that assessments are due, as provided in section 48-525, the superintendent of streets shall make and certify to the clerk a complete list of all assessments unpaid which amount to fifty dollars or over upon any assessment.

B. If any person before certification of the list to the clerk presents to the superintendent his affidavit that he is the owner of a lot in the list, accompanied by the certificate of a searcher of records that the person is the owner of record, and notifies the superintendent in writing that he desires no bond to be issued for the assessment upon the lot, then the assessment shall not be included in the list and shall remain collectible as provided by this article. Omission to file the notice shall bar any defense against the bonds except the defense that the council did not have authority to issue the bonds.

C. The clerk shall present the list to the council at its next meeting, and the council shall thereupon, by resolution, direct improvement bonds to be issued for the amount of the assessments remaining unpaid, prescribing the number and denomination of the bonds, and the times when payable, which shall be so fixed that an approximately equal amount of the total sum shall be paid each year until the whole amount is paid, not exceeding twenty-five years and three months from the date of the bonds, but any fractional amounts may be added to the amount due in any year, so that the amounts due in all other years shall be in equal multiples of one hundred dollars each. Except for a bond to represent any odd amount due in any year, the denominations of the bond shall be fixed at one hundred dollars or some multiple thereof, not exceeding one thousand dollars. The resolution shall also fix the place, if any other than the office of the treasurer, at which the bonds and interest thereon shall be payable.

D. The bonds shall be issued as of the date of the recording of the assessment and diagram provided for in section 48-523 and shall bear interest from such date at the rate specified in the resolution of intention or the resolution determining that improvement bonds shall be issued. The bonds shall have semiannual interest coupons attached, the first of which shall be payable on January 1 or July 1, as the case may be, occurring no earlier than ninety days after the date of the bond or the expected completion of the work, whichever is later, and shall be for the interest accrued at that time.

E. The due date of all bonds shall be January 1 in the years in which they respectively become due.

F. The bonds shall be signed by the mayor, attested by the clerk and sealed with the corporate seal of the city or town, and the interest coupons shall bear the facsimile signature of the mayor and clerk.

G. The bonds shall be substantially in the following form: "City (or town) of . . . . . . . . . . . . improvement bond, Know all men by these presents: That the city (or town) of . . . . . . . . . . . , Arizona, a duly organized municipal corporation, promises to pay as hereinafter stated to the bearer hereof, on the . . . . . . day of . . . . . . . . . . . , the sum of . . . . . . . . . . . dollars, together with interest on said sum at the rate of . . . . . . . . . per cent per annum, payable semiannually on the first day of January and July of each year, as evidenced by and upon the presentation and surrender of the interest coupons hereto attached as they severally become due. Both principal and interest are payable at the office of the city (or town) of . . . . . . . . . . . . or at . . . . . . . . , at the option of the holder. This bond is issued in pursuance of law, and is one of a series of . . . . . . . . . . bonds of like tenor and date for the total sum of . . . . . . . . . . . dollars issued for that certain improvement in said municipality consisting of (briefly describing improvement), initiated by resolution no. . . . . . . of (name of municipality), and is payable only out of the special fund to be collected from special assessments imposed on the lots or parcels of land benefited by said improvement. Said special fund is set apart by law for the payment of said bonds, and can be used for no other purpose. It is hereby certified and declared that the improvement for which this series of bonds is issued is authorized by law, that all of the acts, conditions and things required to be done, precedent to and in the issuance of this series of bonds, have been done and performed in regular and due form as required by the laws of the state of Arizona, the charter of (name of municipality), and all ordinances and resolutions thereof, that the special assessments out of which said bonds are to be paid are first liens on the property assessed, subject only to the lien for general taxes and prior special assessments, and any bona fide purchaser for value of this bond has the right to rely on the recitals herein contained. For the assessment or reassessment, collection and payment of said special assessments, the full faith and diligence of said municipality are hereby irrevocably pledged."
A.R.S. § 48-589 — Arizona Code / Title 48 / Chapter 4 / Article 2 / Section 589
48-589 Diagrams of property affected; estimate of benefits; assessment; warrant
Status: in_force

48-589. Diagrams of property affected; estimate of benefits; assessment; warrant

A. The engineer shall make duplicate diagrams of the property fronting upon the proposed work or improvement, or contained within the assessment district when the expenses of the proposed improvement are to be assessed upon a district. The diagrams shall show each separate lot, numbered consecutively, the approximate area in square feet of each lot, and the location of the lot in relation to the work proposed to be done.

B. When the diagrams have been approved by the governing body, and the clerk has certified that fact and the date thereof, the diagrams shall be delivered to the superintendent of streets.

C. At any time after bids have been received for the construction of the work or the municipality has entered into a contract to purchase an existing facility, the superintendent shall estimate on the lots fronting on the work when no district has been established, or, when a district has been established, upon each of the lots within the district, the benefits arising, or expected to arise, from the work. The superintendent shall thereupon make an assessment to cover the sum due for the work performed and specified in the bid of the person to whom the contract was awarded, including incidental expenses, and shall assess upon and against the lots the total amount of the costs and expenses of the work. In so doing the superintendent shall assess the total sum upon the several lots, each respectively in proportion to the benefits to be received by each lot.

D. When the work has not been declared by the resolution of intention to be of more than local or ordinary public benefit, and has not been made assessable upon a district, the lots liable to be assessed for the improvement shall be those fronting upon the street or streets improved, and those situated in the quarter blocks and irregular blocks adjoining and cornering upon the crossings, or where there is a termination in the two quarter blocks adjoining and cornering thereon, halfway to the next main street crossing and all the way to a boundary line of the municipality when no cross street intervenes.

E. The assessment shall cover the sum due for the work performed or to be performed as specified in the bid of the person to whom the contract may be awarded, and shall also include incidental expenses. The incidental expenses shall include the compensation of the city or town engineer for work done by him, the cost of printing, advertising and posting, the compensation of the person appointed by the superintendent to take charge of and superintend the work of constructing the improvements and the expenses of making the assessment, interest on the bonds for a period not longer than the expected period of construction and six months beyond and all legal and financial fees, expenses and costs incurred in drafting the proceedings and in the sale of the bonds. The amount of incidental expenses shall be settled and allowed by the superintendent upon verified itemized bills.  If deemed necessary by the governing board, a reserve fund and additional, similar funds may be established either with proceeds from the sale of the bonds and that will be covered by the assessment or by increasing the collections of the annual installments of principal, over and above the amounts required to pay maturing principal on the bonds.  The monies in those funds may be used only to cure deficits in the principal and interest funds or to pay interest and principal on the final maturity or maturities of the bonds.

F. The assessment shall briefly refer to the award of the contract or to the contract if it has then been executed and shall name the person to whom the contract has been awarded and such person's surety, and the amount to be paid therefor as stated in the winning bid or as finally computed by the engineer, if the assessment is not made until the work is completed, together with the incidental expenses, the amount of each assessment, the name of the owner of each lot, if known, and if unknown the word "unknown" shall be written opposite the number of the assessment, together with the amount assessed thereon.  The superintendent of streets shall list the names of owners as shown on the most recently certified property tax assessment roll and any other person of whom the superintendent has personal knowledge that such other person may be the owner of the respective lot. The assessments upon the lots assessed shall be consecutively numbered, and the diagram shall be numbered to correspond with the numbers of the assessments.

G. There shall be attached to the assessment a warrant signed by the superintendent and countersigned by the mayor, which shall be substantially in the following form: "By virtue hereof, I (name of superintendent of streets), of the (name of municipality and county), and state of Arizona, by virtue of the authority vested in me as said superintendent of streets, do authorize and empower (name of contractor or the municipality, if the municipality elects to sell the bonds instead of delivering the bonds to the contractor), or the contractor's agents or assigns, to demand and receive the several assessments upon the assessment hereto attached, and this shall be the contractor's warrant for the same."

H. The warrant and assessment shall be recorded in the office of the superintendent not earlier than the date of execution of the construction contract and one diagram shall be there filed. When so recorded, the several amounts assessed shall be a first lien on the lots assessed subject only to the lien for general property taxes and prior special assessments for a period terminating on the date the assessment against the respective lot is paid in full, and such recording shall be notice to all persons interested of the contents of the record.

I. For a community facilities district and in compliance with section 48-721, subsection A, after adoption by the district board of a resolution that levies a special assessment on property in the district for a public infrastructure purpose pursuant to section 48-709, subsection A but before the issuance of special assessment bonds, the district may enter into a written agreement with a landowner as to the manner in which the assessment is to be allocated if the land is to be divided into more than one parcel.  Based on that agreement, the district may provide that the collection of installments of assessments be paid to that landowner for the costs of public infrastructure purposes on the same basis that payments would be made on bonds, until the district board determines, if ever, that bonds should be issued.  Until bonds are issued, assessments may bear interest at the rate specified by the district board in the written agreement.  Installments on assessments or principal that are paid to the landowner shall be credited against the costs of public infrastructure purposes, including incidental expenses as provided in the written agreement.
A.R.S. § 48-526 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 526
48-526 Delinquent list; publication; notice of sale of delinquent property
Status: in_force

48-526. Delinquent list; publication; notice of sale of delinquent property

A. The street superintendent shall, within ten days from the date of the delinquency, publish in a newspaper not less than three times a list of the delinquent assessments, which shall contain a description of each parcel of property delinquent, and opposite or against each description the name of the owner as stated in the assessment roll, and the amount of the assessment, penalty and costs due, including the cost of advertising.  The cost of advertising shall not exceed fifty cents for each lot of land separately assessed.

B. The street superintendent shall append to and publish with the delinquent list a notice that unless each assessment delinquent, together with the penalty and costs thereon, is paid, the property upon which the assessment is a lien will be sold at public auction at a time and place to be specified in the notice. The time of sale shall be not less than five nor more than ten days after the expiration of the period of publication of the list, and the place of sale shall be in, or in front of, the office of the street superintendent.
A.R.S. § 48-405 — Arizona Code / Title 48 / Chapter 3 / Article 1 / Section 405
48-405 Canvass of election; order declaring formation of district
Status: in_force

48-405. Canvass of election; order declaring formation of district

A. The canvass of election shall be conducted by the board of supervisors at its next regular meeting after the election has been held, and if a majority or more of the owners of the crop mentioned voting are in favor of the formation of the district and they own sixty per cent or more of the acreage of the crop voting within the proposed district, then the board of supervisors shall proclaim the district formed and five directors elected and shall notify the five candidates for director receiving the greatest number of votes that they have been elected directors of the "(name of district) pest control district".

B. The clerk of the board of supervisors shall file a certified copy of the order of the board of supervisors' proclamation forming the district with the county recorder and with the secretary of state.
A.R.S. § 48-181 — Arizona Code / Title 48 / Chapter 1 / Article 5 / Section 181
48-181 Hearing; determination of validity
Status: in_force

48-181. Hearing; determination of validity

A. At the hearing on the petition, the superior court shall examine the contract or agreement referred to therein and the proceedings of the district or other body in connection with the execution of such contract or agreement, together with any proceedings taken in connection with the issuance of any bonds, the levy of any taxes or assessments and other matters pursuant thereto, and shall hear all testimony that may be offered by the petitioner or any defendants with reference to the instruments and proceedings, and any argument that is offered with reference to the validity thereof. After the examination and hearing of all relevant testimony and argument that is offered at the hearing, the court shall find and determine whether the contract or agreement has been validly entered into by the district or other body in compliance with all applicable laws of the state, whether the district or other body has the lawful right and authority to enter into and to do and perform all the covenants and agreements on its part to be performed under the contract or agreement, whether the proceedings of the district or other body in connection with the execution of the contract, with the authentication and issuance of any bonds or other evidences of indebtedness and the levy of any taxes or assessments, and any other action taken by the district in performance of the contract or agreement, have been duly and properly taken in conformity with the provisions of the contract and this article and any other laws of the state applicable thereto, and whether the proceedings in connection with the filing of the petition in the action and the giving of notice of the hearing thereon comply with the provisions of this article. The court shall cause the findings and determinations to be entered in the record of the hearing.

B. This article shall be liberally construed and such compliance with its provisions as does not adversely affect substantial rights of the owners of lands within the district shall be deemed sufficient. In hearing the petition and in preparing its findings and determinations thereon, the court shall disregard any error, omission or other irregularity which in the opinion of the court does not thus adversely affect the substantial rights of landowners. The court may ratify, approve and confirm the proceedings wholly or in part, and may ratify, approve and confirm the contract or agreement, the bonds and the taxes, and enter its judgment accordingly.
A.R.S. § 48-515 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 515
48-515 Judgment; fees
Status: in_force

48-515. Judgment; fees

A. Upon confirmation of the report of the referees, or receipt of the verdict of the jury, or the filing of findings of the court, the court shall enter judgment in accordance with the report, verdict or findings, that upon payment to the respective parties, or into court for their benefit, of the several amounts found due them as compensation, and of the costs allowed to them, the property shall be condemned to the use of the plaintiff, and dedicated to the use specified in the complaint.

B. The court shall allow the referees, as costs to be paid by plaintiff, a reasonable compensation to be fixed by the court upon the hearing of the report, and their necessary expenses.
A.R.S. § 48-261 — Arizona Code / Title 48 / Chapter 1 / Article 10 / Section 261
48-261 District creation; procedures; notice; hearing; determinations; petitions
Status: in_force

48-261. District creation; procedures; notice; hearing; determinations; petitions

A. A fire district, community park maintenance district, sanitary district or hospital district for either a hospital or an urgent care center shall be created by the following procedures:

1. Any adult person desiring to propose creation of a district shall provide a legal description of the area proposed for inclusion in the district to the county assessor of the county in which the district is to be located.  The county assessor shall provide to the person proposing formation of the district a detailed list of all taxable real and personal properties in the area proposed for inclusion in the district. The person proposing formation of the district shall prepare and submit a district impact statement to the board of supervisors of the county in which the district is to be located. The county assessor's parcel map and the assessed valuation of the properties as prescribed by section 42-17052 and as shown in the county assessor's records at the time the district impact statement is submitted are deemed sufficient for any required maps and for determining the assessed valuations prescribed by this section. Except for a proposed community park maintenance district that is to be located in more than one county, if a proposed district is located in more than one county, the impact statement shall be submitted to the board of supervisors of the county in which the majority of the total assessed valuation of the proposed district is located. The boards of supervisors of any other counties in which a portion of the district is to be located shall provide information and assistance to the responsible board of supervisors.  For a community park maintenance district that is to be located in more than one county, the impact statement shall be submitted to the board of supervisors for each of the affected counties. If the person desiring to create a district pursuant to this section is unable to complete the district impact statement, the board of supervisors may assist in the completion of the impact statement if requested to do so, provided the bond required in subsection C of this section is in an amount sufficient to cover any additional cost to the county. The district impact statement shall contain at least the following information:

(a) A legal description of the boundaries of the proposed district and a map and a general description of the area to be included in the district sufficiently detailed to allow a property owner to determine whether a particular property is within the proposed district.

(b) The detailed list of taxable real and personal properties provided by the assessor pursuant to this paragraph.

(c) An estimate of the total assessed valuation within the proposed district.

(d) An estimate of the change in the property tax liability, as a result of the proposed district, of a typical resident of the proposed district.

(e) A list and explanation of benefits that will result from the proposed district.

(f) A list and explanation of the injuries that may result from the proposed district.

(g) The names, addresses and occupations of the proposed members of the district's organizing board of directors.

(h) A general description of the scope of services to be provided by the district during its first five years of operation. At a minimum this description shall include an estimate of anticipated capital expenditures, personnel growth and enhancements to service.

2. On receipt of the district impact statement, the board of supervisors shall set a day, at least thirty but not more than sixty days after that date, for a hearing on the impact statement. The board of supervisors, at any time before making a determination pursuant to paragraph 4 of this subsection, may require that the impact statement be amended to include any information that the board of supervisors deems to be relevant and necessary.

3. On receipt of the district impact statement, the clerk of the board of supervisors shall mail, by first class mail, notice of the day, hour and place of the hearing on the proposed district to each owner of taxable real or personal property within the boundaries of the proposed district. The written notice shall state the purpose of the hearing and shall state where a copy of the impact statement may be viewed or requested.  The clerk of the board of supervisors shall post the notice in at least three conspicuous public places in the area of the proposed district and shall publish twice in a daily newspaper of general circulation in the area of the proposed district, at least ten days before the hearing, or, if no daily newspaper of general circulation exists in the area of the proposed district, at least twice at any time before the date of the hearing, a notice setting forth the purpose of the impact statement, the description of the area of the proposed district and the day, hour and place of the hearing.

4. At the hearing called pursuant to paragraph 2 of this subsection, the board of supervisors shall hear those who appear for and against the proposed district and shall determine whether the creation of the district will promote public health, comfort, convenience, necessity or welfare. If the board of supervisors determines that the public health, comfort, convenience, necessity or welfare will be promoted, it shall approve the district impact statement and authorize the circulation of petitions as provided in this subsection.  For a community park maintenance district that is required to obtain the approval of more than one county's board of supervisors, the petitions may only be circulated after approval of the board of supervisors from each affected county.  The order of the board of supervisors shall be final, but if the request to circulate petitions is denied, a subsequent request for a similar district may be refiled with the board of supervisors after six months from the date of the denial.  The county board of supervisors shall authorize the circulation of petitions of only one proposed new district of the same type in which any property owner's land is proposed for inclusion. A new petition circulation shall not be authorized until the one-year period to submit signatures prescribed by paragraph 6 of this subsection of the original petition circulation has expired or has otherwise been extinguished.

5. Within fifteen days after receiving the approval of the board of supervisors as prescribed by paragraph 4 of this subsection, the clerk of the board shall determine the minimum number of signatures and total assessed valuation required for compliance with paragraph 7 of this subsection.  After making that determination, the number of signatures shall remain fixed and the assessed valuation of the taxable real and personal properties within the boundaries of the proposed district shall remain fixed as prescribed in this subsection for the purposes of determining compliance with the property valuation requirement prescribed in paragraph 7 of this subsection.

6. After receiving the approval of the board of supervisors as provided in paragraph 4 of this subsection, any adult person may circulate and present petitions to the board of supervisors of the county in which the district is located.  All petitions circulated shall be returned to the board of supervisors within one year from the date of the approval of the board of supervisors pursuant to paragraph 4 of this subsection.  Any petition that is returned more than one year from that date is void.

7. The petitions presented pursuant to paragraph 6 of this subsection shall comply with the provisions regarding verification in section 48-266 and shall:

(a) At all times, contain a map and general description of the boundaries of the proposed district sufficiently detailed to allow a real or personal property owner to determine whether a particular property is within the proposed district and the names, addresses and occupations of the proposed members of the district's organizing board of directors. An alteration of the proposed district shall not be made after receiving the approval of the board of supervisors as provided in paragraph 4 of this subsection.  The items required to be contained with the petition under this subdivision shall be printed on the back of the petition form required pursuant to section 48-266 unless the size of the items precludes compliance with this requirement.  An error in the legal description of the proposed district shall not invalidate the petitions if considered as a whole the information provided is sufficient to identify the property as illustrated in the map required pursuant to this subdivision.

(b) Be signed by owners of more than one-half of the taxable property units in the area of the proposed district and be signed by persons owning collectively more than one-half of the assessed valuation of the property in the area of the proposed district.  Property exempt pursuant to title 42, chapter 11, article 3 shall not be considered in determining the total assessed valuation of the proposed district nor shall owners of property not subject to taxation be eligible to sign petitions.

8. On receipt of the petitions, including any supplemental signatures, and the report of the county assessor, the board of supervisors shall set a day for a hearing on the petition.

9. Before the hearing called pursuant to paragraph 8 of this subsection, the board of supervisors shall determine the validity of the petitions presented.

10. At the hearing called pursuant to paragraph 8 of this subsection, the board of supervisors, if the petitions are valid, shall order the creation of the district. The board of supervisors shall enter its order setting forth its determination in the minutes of the meeting, not later than ten days after the day of the hearing, and a copy of the order shall be filed in the county recorder's office. The order of the board of supervisors shall be final, and the proposed district shall be created thirty days after the board of supervisors votes to create the district, except that for a community park maintenance district that is proposed for more than one county, the proposed district is created thirty days after the approval of the board of supervisors of the final county of the counties in which the district is to be located.  A decision of the board of supervisors under this subsection is subject to judicial review under title 12, chapter 7, article 6.

B. For the purpose of determining the validity of the petitions presented pursuant to subsection A, paragraph 6 of this section:

1. Real or personal property held in multiple ownership shall be treated as if it had only one property owner, and the signature of only one of the owners of property held in multiple ownership is required on the formation petition.  The number of persons owning property inside the boundaries of the proposed district shall be determined as follows:

(a) In the case of property assessed by the county assessor, the number of persons owning property shall be as shown on the most recent assessment of property.

(b) In the case of property valued by the department of revenue, the number of persons owning property shall be as shown on the most recent valuation of property.

(c) If an undivided parcel of property is owned by multiple owners, those owners are deemed to be one owner for the purposes of this section.

(d) If a person owns multiple parcels of property, that owner is deemed to be a single owner for the purposes of this section.

2. The value of real or personal property shall be determined as follows:

(a) In the case of property assessed by the county assessor, values shall be the same as those shown on the day the district impact statement is submitted.

(b) In the case of property valued by the department of revenue, the values shall be those determined by the department in the manner provided by law, for municipal assessment purposes. The county assessor and the department of revenue, respectively, shall furnish to the board of supervisors, within twenty days after a request, a statement in writing showing the owner, the address of each owner and the appraisal or assessment value of properties contained within the boundaries of the proposed district as described in subsection A of this section.

3. Petition signatures representing real property on which taxes and assessments are not current at the time of petition review are invalid.

C. The board of supervisors may require of the person desiring to propose creation of a district pursuant to subsection A, paragraph 1 of this section a reasonable bond to be filed with the board at the start of proceedings under this section.  The bond shall be in an amount sufficient to cover costs incurred by the county if the district is not finally organized.  County costs covered by the bond include any expense incurred from completion of the district impact statement, mailing of the notice of hearing to district property owners, publication of the notice of hearing and other expenses reasonably incurred as a result of any requirements of this section.

D. If a district is created pursuant to this section, the cost of publication of the notice of hearing, the cost of the mailing of notices to property owners, the cost of the bond and all other costs incurred by the county as a result of this section shall be a charge against the district.

E. If a proposed district would include property located within an incorporated city or town, in addition to the other requirements of subsection A of this section, the board shall approve the creation and authorize the circulation of petitions only if the governing body of the city or town has by ordinance or resolution endorsed the creation.

F. Except as provided in section 48-851 and section 48-2001, subsection A, the area of a district created pursuant to this section shall be contiguous.

G. A district organized pursuant to this section shall have an organizing board of directors to administer the affairs of the district until a duly constituted board of directors is elected as provided in this title. The organizing board shall have all the powers, duties and responsibilities of an elected board. The organizing board shall consist of the three or five individuals named in the district impact statement and the petitions presented pursuant to subsection A of this section. If a vacancy occurs on the organizing board, the remaining board members shall fill the vacancy by appointing an interim member. Members of the organizing board shall serve without compensation but may be reimbursed for actual expenses incurred in performing their duties. The organizing board shall elect from its members a chairman and a clerk.

H. For the purposes of this section, assessed valuation does not include property exempt pursuant to title 42, chapter 11, article 3 and is determined as prescribed by section 48-261.01.
A.R.S. § 48-321 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 321
48-321 Reimbursement for county services
Status: in_force

48-321. Reimbursement for county services

Services provided by a county to an antinoxious weed district are subject to reimbursement pursuant to section 11-251.06.
A.R.S. § 48-502 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 502
48-502 Scope of article; acquisition of property by condemnation
Status: in_force

48-502. Scope of article; acquisition of property by condemnation

When the public interest or convenience requires, the city or town council of a municipality may order the laying out, opening, extending, widening, straightening or closing up, in whole or in part, of any public street, subway, square, lane, alley, court, place or right of way for any water course, irrigation ditch, pipe line, water main or sewer for sanitary or drainage purposes, within the municipality, and acquire, by condemnation, any property necessary or convenient for that purpose.
A.R.S. § 48-282 — Arizona Code / Title 48 / Chapter 1 / Article 12 / Section 282
48-282 Alternative methods for procurement of professional services and construction services
Status: in_force

48-282. Alternative methods for procurement of professional services and construction services

A. As an alternative to the methods described in this title for the procurement of design services and construction, the board of directors or other governing body of a special taxing district established under this title may elect to procure:

1. Construction under the design-bid-build project delivery method by competitive sealed bidding pursuant to title 34, chapter 2, articles 1, 2 and 3 or pursuant to rules adopted by the special taxing district pursuant to section 41-2501, subsection C.

2. Construction services under the construction-manager-at-risk, design-build and job-order-contracting project delivery methods pursuant to title 34, chapter 6.

3. Professional services pursuant to title 34, chapter 1, article 1 or title 34, chapter 6.

B. Notwithstanding any other provision of this title, if professional services or construction services are procured pursuant to subsection A of this section, all of the provisions and requirements in title 34, chapter 1, article 1 and title 34, chapter 6 apply to the procurement and performance of the professional services or construction services, including provisions and requirements on payments, bid security, payment and performance bonds, retention, emergency procurements, multiterm contracts, subcontractor selection and horizontal construction.
A.R.S. § 48-577 — Arizona Code / Title 48 / Chapter 4 / Article 2 / Section 577
48-577 Plans; estimate of cost; limitation on assessment
Status: in_force

48-577. Plans; estimate of cost; limitation on assessment

Before passing the resolution of intention, preliminary plans that show the location and the type and character of the proposed improvements and estimates of the cost and expenses of the proposed improvements shall be prepared and filed with the clerk. The assessment for any lot shall not exceed its proportion of the estimate.
A.R.S. § 48-519 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 519
48-519 Delivery of diagram; assessment of expenses
Status: in_force

48-519. Delivery of diagram; assessment of expenses

A. The city or town engineer shall deliver the diagram to the street superintendent, and shall endorse thereon the date of delivery.

B. The street superintendent shall, within thirty days after receiving the diagram, assess the total expenses of the proposed improvement upon and against the lands, including the property of a railroad or street railroad, within the assessment district, except the land to be taken for the improvement, in proportion to the benefits to be derived from the improvement. The council may extend the time for completing the assessment for a period not exceeding thirty days.

C. The total expense of the improvement to be assessed shall include the amounts awarded to defendants by the judgment for condemnation, their costs, the compensation and expenses of the referees allowed by the court, costs of the plaintiff, the expenses of making the assessment, and all expenses necessarily incurred by the city or town in connection with the proposed improvement.
A.R.S. § 48-262 — Arizona Code / Title 48 / Chapter 1 / Article 10 / Section 262
48-262 District boundary changes; procedures; notice; hearing; determinations; petitions
Status: in_force

48-262. District boundary changes; procedures; notice; hearing; determinations; petitions

A. Except as prescribed by subsection I of this section, a fire district, community park maintenance district or sanitary district shall change its boundaries by the following procedures:

1. Any adult person desiring to propose any change to the boundaries of a district shall provide a legal description of the area proposed for inclusion in the district to the county assessor of the county in which the district is to be located.  The county assessor shall provide to the person proposing any change to the boundaries of the district a detailed list of all taxable real and personal properties in the area proposed for inclusion in the district. The person proposing any change to the boundaries of the district shall prepare and submit a boundary change impact statement to the governing body of the district.  The county assessor's parcel map and the assessed valuation of the properties as prescribed by section 42-17052 and as shown in the county assessor's records at the time the boundary change impact statement is submitted are deemed sufficient for any required maps and for determining the assessed valuations prescribed by this section. The boundary change impact statement shall contain at least the following information:

(a) A legal description of the boundaries of the area to be included within the proposed change and a map and general description of the area sufficiently detailed to allow a real or personal property owner to determine whether a particular property is within the proposed district.  The boundaries of the proposed change shall not overlap with the boundaries of any other proposed new district of the same type or any annexation by a district of the same type for which petitions have been authorized for circulation as determined on the date that the boundary change impact statement is filed with the governing body.

(b) The detailed list of taxable real and personal properties provided by the assessor pursuant to this paragraph.

(c) An estimate of the total assessed valuation within the boundaries of the proposed change.

(d) An estimate of the change in the tax rate of the district if the proposed change is made.

(e) An estimate of the change in the property tax liability, as a result of the proposed change, of a typical resident of a portion of the district, not in the area of the proposed change, before and after the proposed change and of a typical resident of the area of the proposed change.

(f) A list and explanation of benefits that will result from the proposed change to the residents of the area and of the remainder of the district.

(g) A list and explanation of the injuries that may result from the proposed change to residents of the area and of the remainder of the district.

2. On receipt of the boundary change impact statement, the governing body shall set a day, at least twenty but not more than thirty days after that date, for a hearing on the boundary change impact statement. The board of supervisors may at any time before making a determination pursuant to paragraph 5 of this subsection require that the impact statement be amended to include any information that the board of supervisors deems to be relevant and necessary.

3. On receipt of the boundary change impact statement, the clerk of the governing body shall mail, by first class mail, written notice of the statement, its purpose and notice of the day, hour and place of the hearing on the proposed change to each owner of taxable real or personal property within the boundaries of the proposed change. The notice shall state the purpose of the hearing and shall describe where a copy of the boundary change impact statement may be obtained and reviewed.  The clerk of the governing body shall post the notice in at least three conspicuous public places in the area of the proposed change and also publish twice in a daily newspaper of general circulation in the area of the proposed change, at least ten days before the hearing, or if no daily newspaper of general circulation exists in the area of the proposed change, at least twice at any time before the date of the hearing, a notice setting forth the purpose of the impact statement, the description of the boundaries of the proposed change and the day, hour and place of the hearing.

4. On receipt of the boundary change impact statement, the clerk shall also mail notice, as provided in paragraph 3 of this subsection, to the chairman of the board of supervisors of the county or counties in which the proposed new property in the district is located. The chairman of the board of supervisors of the county that contains the majority of the total assessed valuation of the present and proposed district property shall order a review of the proposed change and may submit written comments to the governing body of the district within ten days after receipt of the notice.

5. At the hearing called pursuant to paragraph 2 of this subsection, the governing body shall consider the comments of the board of supervisors, hear those who appear for and against the proposed change and determine whether the proposed change will promote the public health, comfort, convenience, necessity or welfare. If the governing body determines that the public health, comfort, convenience, necessity or welfare will be promoted, it shall approve the impact statement and authorize the circulation of petitions as provided in this subsection.  The order of the governing body shall be final, but if the request to circulate petitions is denied, a subsequent request for a similar change may be refiled with the governing body six months after the date of the denial. The county board of supervisors shall authorize the circulation of petitions for only one boundary change of a district of the same type in which any property owner's land is proposed for inclusion.  A new petition circulation shall not be authorized until the one-year period to submit signatures set by subsection B, paragraph 3 of this section of the original petition circulation has expired or has otherwise been extinguished.

6. The governing body shall not approve a proposed annexation if the property to be annexed is not contiguous with the district's existing boundary. For the purposes of determining whether the proposed addition is contiguous, the addition is deemed contiguous if land that is owned by or under the jurisdiction of the United States government, this state or any political subdivision of this state, other than an incorporated city or town, intervenes between the proposed addition and the current district boundary.  The requirement for a proposed annexation to be contiguous with the district's existing boundary does not apply to fire districts formed pursuant to section 48-851.

7. The governing body shall not approve a proposed annexation if the area proposed to be annexed surrounds any unincorporated territory and that unincorporated territory is not also included in the district.

8. After receiving the approval of the governing body as provided in paragraph 5 of this subsection and if no appeal filed pursuant to paragraph 14 of this subsection remains unresolved, any adult person may circulate and present petitions to the governing body of the district.

9. Within fifteen days after receiving the approval of the governing body as prescribed by paragraph 5 of this subsection, the clerk of the board shall determine the minimum number of signatures and the total assessed valuation required to comply with paragraph 10, subdivision (b) of this subsection. After making that determination, the number of signatures shall remain fixed and the assessed valuation of the taxable real or personal properties within the boundaries of the proposed change shall remain fixed as prescribed in this subsection for the purposes of determining compliance, notwithstanding any subsequent changes in ownership of the property within the boundaries of the proposed change.

10. The petitions presented pursuant to paragraph 8 of this subsection shall comply with the provisions regarding petition form in section 48-266 and shall:

(a) At all times, contain a map and general description of the boundaries of the area to be included within the proposed change sufficiently detailed to allow a real or personal property owner to determine whether a particular property is included within the proposed change. An alteration of the described area shall not be made after receiving the approval of the governing body as provided in paragraph 5 of this subsection.  The items required to be contained with the petition under this subdivision shall be printed on the back of the petition form required pursuant to section 48-266 unless the size of the items precludes compliance with this requirement. An error in the legal description of the proposed change shall not invalidate the petitions if considered as a whole the information provided is sufficient to identify the property as illustrated in the map required pursuant to this subdivision.

(b) Be signed by owners of more than one-half of the taxable property units within the boundaries of the proposed change and be signed by persons owning collectively more than one-half of the assessed valuation of the real and personal property within the boundaries of the proposed change.  The assessed valuations of the properties as prescribed by section 42-17052 and as shown in the county assessor's records at the time the boundary change impact statement is submitted are deemed sufficient for determining the assessed valuations prescribed by this section.  Property exempt pursuant to title 42, chapter 11, article 3 shall not be considered in determining the total assessed valuation of the proposed change nor shall owners of property not subject to taxation be eligible to sign petitions.

11. On receipt of the petitions, including any supplemental signatures and the report of the county assessor, the governing body shall set a day, at least ten but not more than thirty days after that date, for a hearing on the request.

12. Before the hearing called pursuant to paragraph 11 of this subsection, the board of supervisors shall determine the validity of the petitions presented pursuant to subsection B of this section.

13. At the hearing called pursuant to paragraph 11 of this subsection, the governing body, if the petitions are valid, shall order the change to the boundaries. The governing body shall enter its order setting forth its determination in the minutes of the meeting, at least ten days after the day of the hearing, and a copy of the order shall be sent to the officer in charge of elections and a copy shall be recorded in the county recorder's office. The order of the governing body shall be final, and the proposed change shall be made to the district boundaries thirty days after the governing body votes.

14. On filing a verified complaint with the superior court, the attorney general, the county attorney or any other interested party may question the validity of the annexation for failure to comply with this section. The complaint shall include a description of the alleged noncompliance and shall be filed within thirty days after the governing body of the district adopts a resolution that annexes the territory of the district. The burden of proof is on the plaintiff to prove the material allegations of the verified complaint. An action shall not be brought to question the validity of an annexation resolution unless it is filed within the time and for the reasons prescribed in this subsection. All hearings that are held pursuant to this paragraph and all appeals of any orders shall be preferred and shall be heard and determined in preference to all other civil matters, except election actions. If more than one complaint questioning the validity of an annexation resolution is filed, all complaints shall be consolidated for the hearing.

B. For the purpose of determining the validity of the petitions presented pursuant to subsection A, paragraph 8 of this section:

1. Real or personal property held in multiple ownership shall be treated as if it had only one property owner, and the signature of only one of the owners of property held in multiple ownership is required on the boundary change petition.  The number of persons owning property inside the boundaries of the proposed boundary change shall be determined as follows:

(a) In the case of property assessed by the county assessor, the number of persons owning property shall be as shown on the most recent assessment of property.

(b) In the case of property valued by the department of revenue, the number of persons owning property shall be as shown on the most recent valuation of property.

(c) If an undivided parcel of property is owned by multiple owners, those owners are deemed to be one owner for the purposes of this section.

(d) If a person owns multiple parcels of property, that owner is deemed to be a single owner for the purposes of this section.

2. The value of real or personal property shall be determined as follows:

(a) In the case of property assessed by the county assessor, values shall be the same as those shown on the last assessment roll of the county containing the property.

(b) In the case of property valued by the department of revenue, the values shall be those determined by the department in the manner provided by law, for municipal assessment purposes. The county assessor and the department of revenue, respectively, shall furnish to the governing body, within twenty days after the request, a statement in writing showing the owner, the address of each owner and the appraisal or assessment value of properties contained within the area of a proposed change as described in subsection A of this section.

3. All petitions circulated shall be returned to the governing body of the district within one year from the date of the approval given by the governing body pursuant to subsection A, paragraph 5 of this section.  Any petition returned more than one year from that date is void.  If an appeal is filed pursuant to subsection A, paragraph 14 of this section, this time period for gathering signatures is tolled beginning on the date an action is filed in superior court and continuing until the expiration of the time period for any further appeal.

C. For the purposes of determining whether the proposed addition is contiguous, the addition is deemed contiguous if land that is owned by or under the jurisdiction of the United States government, this state or any political subdivision of this state, other than an incorporated city or town, intervenes between the proposed addition and the current district boundary. Property shall not be approved for annexation if the area proposed to be annexed surrounds any unincorporated territory and that unincorporated territory is not also included in the district unless that unincorporated territory is in a noncontiguous county island fire district.

D. If the change in the boundaries proposed pursuant to subsection A of this section would result in a withdrawal of territory from an existing district, the petitions shall be approved by the governing body only if the proposed withdrawal would not result in a noncontiguous portion of the district that is less than one square mile in size.

E. If the impact statement described in subsection A of this section relates to the withdrawal of property from a district, in addition to the other requirements of subsection A of this section, the governing body shall also determine:

1. If the district has any existing outstanding bonds or other evidences of indebtedness.

2. If those bonds were authorized by an election and issued during the time the property to be withdrawn was lawfully included within the district.

F. If the conditions of subsection E of this section are met:

1. The property withdrawn from the district shall remain subject to taxes, special assessments or fees levied or collected to meet the contracts and covenants of the bonds. The board of supervisors shall provide for the levy and collection of taxes, special assessments or fees.

2. The governing body shall:

(a) Annually determine the amount of special property taxes, special assessments or fees that must be levied and collected from property withdrawn from the district and the mechanism by which that amount is to be collected.

(b) Notify the board of supervisors on or before the third Monday in July of the amount determined in subdivision (a) of this paragraph.

3. Property withdrawn from an existing district shall not be subject to any further taxes, special assessments or fees arising from the indebtedness of the district except as provided in this subsection.

G. If the statement described in subsection A, paragraph 1 of this section requests the annexation of property located within an incorporated city or town, in addition to the other requirements of subsection A of this section, the governing body shall approve the district boundary change impact statement and authorize the circulation of petitions only if the governing body of the city or town has by ordinance or resolution endorsed the annexation and the annexation is authorized pursuant to this title.

H. Except as provided in subsection D of this section and section 48-2002, a change in the boundaries of a district pursuant to this section shall not result in a district that contains area that is not contiguous.

I. Notwithstanding subsection A of this section, any property owner, including a county, this state or the United States government, whose land is within a county that contains a sanitary district or fire district and whose land is contiguous to the boundaries of the sanitary district or fire district may request in writing that the governing body of the district amend the district boundaries to include that property owner's land. If the property is located in an incorporated city or town, in addition to the other requirements prescribed in this subsection, the governing body of the fire district or sanitary district may approve the boundary change only if the governing body of the affected city or town by ordinance or resolution has approved the inclusion of the property in the district. If the governing body determines that the inclusion of that property will benefit the district and the property owner, the boundary change may be made by order of the governing body and is final on the recording of the governing body's order that includes a legal description of the property that is added to the district.  A petition and impact statement are not required for an amendment to a sanitary district's or fire district's boundaries made pursuant to this subsection.

J. Until August 1, 2014, in a county with a population greater than two million persons, notwithstanding subsection I of this section, any property owner, including the United States, this state or a county, whose land is within two thousand six hundred forty feet of an adjacent sanitary district or fire district, not contiguous to the boundaries of the sanitary district or fire district and within an unincorporated area or county island may request in writing that the governing body of the district amend the district boundaries to include that property owner's land.

K. A fire district shall not annex or otherwise add territory that is already included in another existing fire district, unless deannexed pursuant to subsections D, E and F of this section.

L. A fire district, community park maintenance district or sanitary district may appropriate and spend monies as necessary or reasonably required to assist one or more individuals or entities to change the district's boundaries pursuant to this section.

M. Notwithstanding subsection A of this section, if an incorporated city or town has previously adopted a resolution designating a fire district as the fire service agency for the city or town, the jurisdictional boundaries of the fire district without further notice or election shall be changed to include any property annexed into the city or town. If the annexation occurs pursuant to a joint petition for annexation, any joint petition for annexation shall clearly indicate in its title and in the notice required in the petition that the property to be annexed will be subject to the jurisdiction of both the city or town and the fire district. A joint petition for annexation shall comply with both section 9-471 and this section.  Any fire district boundary change that occurs through city or town annexation pursuant to this subsection is effective on the effective date of the annexation by the incorporated city or town.  If an incorporated city or town that has designated a fire district as the fire service agency for that city or town annexes property that is already part of another fire district, the annexed property shall remain part of the fire district in which it was located before the city or town's annexation.

N. Notwithstanding subsection I of this section, from August 2, 2012 until July 1, 2015, in counties with a population of more than two million five hundred thousand persons, any property owner, including the United States, this state or a county, whose land is within two thousand six hundred forty feet of an adjacent sanitary district or fire district and is not contiguous to the boundaries of the sanitary district or fire district may request in writing that the governing body of the district amend the district boundaries to include that property owner's land. If the property is located in an incorporated city or town, in addition to the other requirements prescribed in this subsection, the governing body of the sanitary district or fire district may approve the boundary change only if the governing body of the affected city or town, by ordinance or resolution, has approved the inclusion of the property in the district.  If the governing body determines that the inclusion of that property will benefit the district and the property owner, the boundary change may be made by order of the governing body and is final on the recording of the governing body's order that includes a general description of the property, including the assessor's parcel number, that is added to the district. A petition and impact statement are not required for an amendment to a sanitary district's or fire district's boundaries made pursuant to this subsection.

O. For the purposes of this section, assessed valuation does not include property exempt pursuant to title 42, chapter 11, article 3.
A.R.S. § 48-403 — Arizona Code / Title 48 / Chapter 3 / Article 1 / Section 403
48-403 Notice of hearing on petition; certification of enumerated pest by state entomologist
Status: in_force

48-403. Notice of hearing on petition; certification of enumerated pest by state entomologist

A. Upon receipt of the petition, the board of supervisors shall set a date for the hearing thereof not less than sixty nor more than one hundred twenty days from the date of receipt thereof and shall have published the notice of purpose, date, time and place of the hearing in the same manner in which other public hearings before the board are published.

B. The clerk of the board of supervisors shall compare the signatures, addresses and acreage of the crop set forth in the petition with the county assessment roll and shall certify to the board of supervisors its adequacy.

C. The board of supervisors may request a certification from the Arizona department of agriculture that the pest enumerated in the petition is not of common occurrence within the boundaries of the district requested, and the receipt of such certification by the board of supervisors shall be prima facie evidence that the pest is not of common occurrence within the boundaries of the district.
A.R.S. § 48-149 — Arizona Code / Title 48 / Chapter 1 / Article 4 / Section 149
48-149 Covenants in resolution
Status: in_force

48-149. Covenants in resolution

A. Any resolution pertaining to the issuance of bonds under this article may contain covenants as to:

1. The purpose to which the proceeds of the sale of the bonds may be applied and to the use and disposition thereof.

2. The use and disposition of the revenue of the undertaking for which the bonds are to be issued.

3. The issuance of other or additional bonds payable from the revenue of the undertaking.

4. The operation and maintenance of the undertaking.

5. The insurance to be carried thereon and the use and disposition of insurance monies.

6. Books of account and the inspection and audit thereof.

7. The terms and conditions upon which the holders of the bonds, or any proportion of them or any trustee therefor, shall be entitled to the appointment of a receiver, who may enter and take possession of the undertaking, operate and maintain the same, prescribe charges, and collect, receive and apply all revenue thereafter arising therefrom in the same manner as the district itself might do.

B. The provisions of this article and any such resolution shall be deemed a contract with the holders of the bonds, and the duties of the district and of its board of directors and officers under this article and any such resolution shall be enforceable by mandamus or any appropriate action of a court of competent jurisdiction.
A.R.S. § 48-221 — Arizona Code / Title 48 / Chapter 1 / Article 7 / Section 221
48-221 Definitions
Status: in_force

48-221. Definitions

In this article, unless the context otherwise requires:

1. "Compensation" means money paid to an employee of a district for services in the form of a fixed salary or wages at the end of established pay periods, which, in the case of employees with fluctuating rates of pay, shall be considered as being the guaranteed rate of pay, and which, in the case of employees with dual rates, shall be for the primary occupation.  Such fixed salary or wage rates for any regularly established pay period shall be that which is in effect on the first day of each such period.  "Compensation" does not include payments for overtime and bonuses over and above fixed salaries or wages for normal hours of service.

2. "District" means an irrigation district, drainage district, flood control district, agricultural improvement district, electrical district, or power district organized pursuant to the laws of this state.

3. "District contributions" means sums of money paid by a district to finance a retirement plan.

4. "Employee" means a person in the service of a district whose customary employment is for an average of not less than thirty hours a week and for twelve months a year.

5. "Employee contributions" means sums of money paid by the employees of a district for participation in a retirement plan.

6. "Governing body" of a district means the body, board, commission, officer or officers, or other authority having charge of the finances of the district.

7. "Participant" means an employee of a district who is eligible under the provisions of section 48-224 for participation in the retirement plan adopted by a district.

8. "Plan" means a retirement plan authorized by section 48-222.

9. "Prior service" means service for a district by any employee for any period not exceeding twenty-five years immediately prior to the adoption of a retirement plan.

10. "Termination of service" means the cessation of employment of an employee by a district, but service shall not be deemed terminated by reason of any military absence, or any leave of absence or furlough granted by the district.
A.R.S. § 48-177 — Arizona Code / Title 48 / Chapter 1 / Article 5 / Section 177
48-177 Issuance, sale and terms of bonds
Status: in_force

48-177. Issuance, sale and terms of bonds

A. Notwithstanding the provisions of any general, special or local law, the district may issue, sell or exchange bonds of such kind, in such amount and with such security or agreements as may be provided by the contract or agreement, and issue and sell such bonds either at one time or from time to time to such persons or in such manner as may be provided in the contract or agreement.

B. The bonds may be in such form, bear such date or dates, be in such denomination or denominations, mature in such amount or amounts and at such time or times not exceeding fifty years from their date, be executed in such manner, be payable in such medium of payment and at such place or places, and bear such privileges as to registration, conversion, reconversion, redemption or exchange, as may be provided in the contract or agreement. In the absence of specific provisions in the contract or agreement as to any of the matters set forth in this subsection, they shall be done or performed in such manner as is acceptable to the federal government and specified in a resolution or resolutions of, or approved by, the governing body of the district.

C. If any of the officers of the district who sign the bonds cease to be officers of the district before the delivery thereof, the bonds shall nevertheless be valid and binding obligations of the district for all purposes when duly delivered and paid for the same as if the persons who signed the bonds had continued to be officers of the district until after delivery and payment.

D. The bonds may bear interest at a rate or rates not to exceed the maximum rate set forth in the notice of election, and may be sold either at public or private sale for an amount equal to not less than one hundred per cent of the principal amount thereof, upon such terms and conditions as the governing body of the district determines, or may be exchanged for a like or greater principal amount of outstanding bonds of the district. If the purchaser pays interest accrued on the bonds at the date of purchase, interest shall be payable on the bonds from the date when the accruals commenced.

E. Notwithstanding their form or tenor, the bonds and any other bonds purchased by the federal government pursuant to the terms of the contract or agreement shall at all times be negotiable instruments, unless they contain on their face an express statement that they are nonnegotiable.
A.R.S. § 48-175 — Arizona Code / Title 48 / Chapter 1 / Article 5 / Section 175
48-175 Approval of contract by real property taxpayers
Status: in_force

48-175. Approval of contract by real property taxpayers

A. Notwithstanding the provisions of any general, special or local law, before any contract or agreement with the federal government becomes effective and binding upon the district, the contract or agreement shall be submitted to and approved by the vote of a majority of the real property taxpayers voting on the question of approving or disapproving the contract or agreement. The taxpayers shall also in all respects be qualified electors of this state and of the district affected by the question. The question may be submitted at a general, special or primary election.

B. Notice of the time and place of a general or primary election shall be given in the manner provided by law therefor. If a special election is held, notice of the time and place thereof shall be given by posting notices in three public places in the district for at least ten days prior to the election, and if a newspaper is published in the county in which the office of the governing body of the district is located, by one publication of the notice at least ten days prior to the election. At any general, primary or special election at which the proposition is to be submitted, the election notice shall recite that the district proposes to enter into a contract or agreement with the federal government for a loan or grant of money to or for the benefit of the district or for the purchase or exchange by the federal government of bonds issued or to be issued by the district. The notice shall also recite the maximum amount of money that may be advanced by the federal government pursuant to the contract or agreement and the maximum amount, interest rate and maturities of any new bonds that may be issued by the district pursuant thereto, and shall state that a copy of the proposed contract or agreement is available for inspection by any elector of the district at the office of the governing body.

C. At the election the ballots shall contain the words "Shall the proposed contract between the district and ________ and the issuance of any bonds thereunder be approved?" "Yes", "No", or other words equivalent thereto. If no bonds are to be issued pursuant to the contract, the words "and the issuance of any bonds thereunder" may be omitted from the question. Any special election shall be conducted and the votes canvassed in all respects as nearly as practicable in conformity with the provisions of law relating to the election of members of the governing body of the district. No informalities in conducting the election shall invalidate it if the election has been otherwise fairly conducted.

D. A contract or agreement on which there has been an adverse vote may be resubmitted to the electors in the same or any modified form at a subsequent election. If the proposition voted upon is approved, no further or additional approval by the voters at an election or otherwise shall be required for the acquisition, construction, reconstruction, extension, improvement, betterment or repair of works, properties or undertakings of or for the district insofar as they are financed pursuant to the contract or agreement, or for any refunding, refinancing, retiring or reducing all or any part of the indebtedness of the district, or for the issuance of bonds by the district as provided in the contract or agreement, or for the levy of any taxes, assessments or other charges for the payment of any amounts payable by the district pursuant to the provisions of the contract or agreement or of principal and interest on any such bonds when they fall due.

E. A sanitary district bond election under section 48-2020 or a sanitary district proceeding under chapter 14, article 2 of this title satisfies the requirements of subsection A of this section if, at the bond election, a majority of the qualified electors voting in the election approves, or if, under chapter 14, article 2 of this title, the owners of a majority of the frontage of the property along the proposed improvement do not file an objection to the proceedings, the contract or agreement with the federal government, as described in the resolution calling for the bond election under section 48-2020 or the resolution of intention to order the improvements under section 48-2044, is effective and binding on the sanitary district.
A.R.S. § 48-315 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 315
48-315 Alternative plan; right of owner to eradicate weeds
Status: in_force

48-315. Alternative plan; right of owner to eradicate weeds

A property owner shall have the right to eradicate noxious weeds, shrubs, vines or grasses at his own expense if done prior to the commencement of work by the inspector, and if done to the satisfaction of the inspector and the board of directors, no costs or assessments shall accrue against the particular tracts, parcels or lots of land upon which the noxious weeds, shrubs, vines or grasses have been eradicated.
A.R.S. § 48-412 — Arizona Code / Title 48 / Chapter 3 / Article 1 / Section 412
48-412 Reimbursement for county services
Status: in_force

48-412. Reimbursement for county services

Services provided by a county to a pest control district are subject to reimbursement pursuant to section 11-251.06.
A.R.S. § 48-524 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 524
48-524 Payment of assessment by setting off compensation
Status: in_force

48-524. Payment of assessment by setting off compensation

The owner of any property assessed, who is entitled to compensation under the award made by the judgment, may, at any time after the assessment becomes payable, and before the sale of the property for nonpayment, as provided in this article, demand of the street superintendent that the assessment, or any number of assessments, be set off against the amount to which he is entitled under the judgment. If the amount of setoff is equal to or greater than the assessments, including penalties and costs due thereon, the assessments shall be marked "paid by setoff." If the amount is less than the assessments, and penalties and costs due thereon, the person demanding the setoff shall at the same time pay the difference to the street superintendent, and the assessments shall, upon payment be marked paid, the entry showing the portion paid by setoff and the portion paid in money. As a condition of the setoff, such person shall execute to the city or town, and deliver to the street superintendent, duplicate receipts for such part of the amount due him under the judgment as is set off against the assessments, penalties, and costs. One of the duplicates shall be filed by the street superintendent in his office, and the other with the clerk of the superior court, and the clerk shall satisfy the judgment to the extent paid by the assessment.
A.R.S. § 48-152 — Arizona Code / Title 48 / Chapter 1 / Article 4 / Section 152
48-152 Disposition of proceeds
Status: in_force

48-152. Disposition of proceeds

All proceeds received from the sale of the bonds, all fees, rents, tolls or other charges received by the district from any undertaking financed by the bonds, and all monies received from any source in connection therewith shall be paid to the district treasurer, or such depository as may be designated by the board of directors. The district treasurer or depository shall not commingle any money received under the terms of this article with any other monies, but the monies received under this article shall be deposited in a separate fund with the district treasurer or depository in the name of the district. The board of directors may by resolution provide that all deposits of such proceeds, fees, rents, tolls or other charges, and the monies received under this article, shall be secured by obligations of the United States or of this state of a market value equal at all times to the amount of the deposits, and all banks and trust companies are authorized to give such security for the deposits.
A.R.S. § 48-541 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 541
48-541 Certification of unpaid assessments; payments by installment; interest; payments in advance
Status: in_force

48-541. Certification of unpaid assessments; payments by installment; interest; payments in advance

A. The superintendent, at the time he certifies the list of assessments unpaid to the clerk, shall write the word "certified" on the record of the assessment opposite each assessment included in the list, and thereupon all assessments of fifty dollars or over shall cease to be payable in cash and shall thereafter be payable only in equal annual installments on December 1, in each year preceding January 1 on which the bonds become due. The governing body may provide a plan whereby the annual installment may be collected in partial payments prior to the time the installment is due, and the lien of each assessment on the property assessed shall continue and remain in full force and effect for two years after the last installment on the assessment becomes due, or until the assessment is fully paid.

B. An uncollected installment shall be added to the succeeding installment, and together with interest and penalties shall be payable therewith.

C. The number of installments in which the assessment is payable shall correspond to the number of years in which there are bonds to be paid, but the total number of installments shall not exceed twenty-five.

D. All assessments of fifty dollars or more not paid before the certification of assessments unpaid to the clerk shall bear interest from the date of the recording of the assessment and diagram provided for in section 48-525 at the same rate as that specified for in the bonds. The interest shall be payable on June 1 and December 1 of each year, immediately before the interest becomes due on the bonds, but the governing body may provide a plan whereby the interest may be collected in partial payments prior to the date it becomes due.

E. The governing body may provide for receiving payment of the installments of the assessment before they become due, and using the proceeds thereof in redeeming such bonds as may be presented for redemption by the owners thereof, or for investing the proceeds in improvement bonds for other work or other satisfactory investment, but no investment of such fund shall be made so as to prejudice the prompt payment of the bonds on the date they become due.
A.R.S. § 48-537 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 537
48-537 Purpose of article; choice of method
Status: in_force

48-537. Purpose of article; choice of method

A. The proceedings authorized by this article are intended to provide an alternate system of proceedings for making the improvements provided for.

B. It is within the discretion of a municipality to proceed in making the improvements, either under the provisions of this article, or under the provisions of other laws, but when proceedings are commenced under this article the provisions thereof, and none other, apply to all the proceedings.

C. The election of the council to proceed under this article shall be expressed in its resolution of intention to order the work done.
A.R.S. § 48-142 — Arizona Code / Title 48 / Chapter 1 / Article 4 / Section 142
48-142 Powers of district
Status: in_force

48-142. Powers of district

In the exercise of the powers granted the district by law, the district shall have the additional power:

1. To issue its bonds to finance the costs of any undertaking.

2. To pledge to the punctual payment of the bonds and interest thereon an amount of the revenue from the undertaking, including improvements or extensions thereafter constructed or acquired, sufficient to pay the bonds and interest as they become due, and to create and maintain reasonable reserves therefor. The amount pledged may consist of all or any part of such revenue. The board of directors, in determining the cost of the undertaking, may include all costs and estimated costs of the issuance of the bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue on money borrowed or which will be borrowed during the construction period for six months thereafter.
A.R.S. § 48-122 — Arizona Code / Title 48 / Chapter 1 / Article 2 / Section 122
48-122 Extension of unexpired permits
Status: in_force

48-122. Extension of unexpired permits

Notwithstanding the provisions of any law to the contrary, when the director of water resources has issued to any district a permit to make an appropriation of water, or a reservoir permit, and actual construction work under the permit has not begun, and the time prescribed in the permit for beginning construction work has not expired, and the district has, or before the expiration of such prescribed time shall have, made application to any federal agency for a loan or grant, or both, of monies to be used for the construction of its works, or some part thereof, the time for beginning actual construction under the permit is extended until six months after the monies so applied for have become available to the district, but in no event shall such extension exceed two years after the time prescribed in the permit as that within which actual construction must be begun.
A.R.S. § 48-184 — Arizona Code / Title 48 / Chapter 1 / Article 5 / Section 184
48-184 Proceedings cumulative
Status: in_force

48-184. Proceedings cumulative

Notwithstanding the provisions of any general, special or local law, any proceedings taken prior to December 12, 1934 by any district relating to the subject matter of this article, whether or not commenced under any other law, may be continued under this article, or at the option of the governing body, may be discontinued and new proceedings instituted under this article. If a district evidences its desire to continue any prior proceedings under this article by the adoption of a resolution to that effect by its governing body, all acts of the district and of any other agency of the state in connection therewith, including but not limited to, the submission to and approval by the state certification board of any contract or agreement, the submission of any such contract or agreement to a vote of the electors of the district, taken or had in the proceedings prior to December 12, 1934, shall, if the proceedings were when taken substantially in conformity with the provisions of this article, be validated and of the same force and effect as if this article had been in effect at the time the proceedings were had. If any district, prior to December 12, 1934, has entered into any contract or agreement with the federal government as contemplated by this article, performance of which has not been completed by the federal government, or with any public or private agency pursuant to any contract or agreement with the federal government, the contract or agreement so entered into shall be deemed authorized, validated and confirmed by this article and entitled to all the privileges and subject to all the terms and provisions of this article.
A.R.S. § 48-272 — Arizona Code / Title 48 / Chapter 1 / Article 11 / Section 272
48-272 Special district boundary requirements; parcel splits prohibited; boundary modifications; consolidation; notice
Status: in_force

48-272. Special district boundary requirements; parcel splits prohibited; boundary modifications; consolidation; notice

A. A special taxing district that is organized pursuant to this title and that is submitting proposed district boundaries after November 1, 2007 shall include only entire parcels of real property within its proposed boundaries as determined by the county assessor and shall not split parcels.

B. For any special taxing district that is organized pursuant to this title and whose boundaries split parcels as determined by the county assessor on or before November 1, 2007, a property owner in the district may request in writing that the county assessor modify the special taxing district boundary so that the entire parcel is contained within the special taxing districts that govern the majority of the area of the parcel.  For parcels in which two or more special taxing districts of the same type govern an identical percentage of the area of the parcel, the property owner may designate the special taxing district that will govern the entire parcel.  This subsection does not apply to special taxing districts formed pursuant to chapter 2, 3, 9, 11, 12, 15, 17, 18, 19, 20, 22 or 32 of this title.

C. Except as provided in subsection B of this section, on discovery that a parcel is split by a special taxing district boundary, the county assessor may initiate the consolidation of the entire parcel into a single tax parcel. The county assessor shall provide the property owner with at least thirty days' notice of the proposed consolidation before the proposed consolidation becomes final, and the property owner may accept or reject that consolidation.  If the property owner rejects the proposed consolidation, the parcel shall not be consolidated into the special taxing district.
A.R.S. § 48-407 — Arizona Code / Title 48 / Chapter 3 / Article 1 / Section 407
48-407 Directors; term; qualifications; first meeting
Status: in_force

48-407. Directors; term; qualifications; first meeting

A. The term of office of director shall be for two years after election and until his successor has qualified, provided that, if during his term of office he sells or otherwise disposes of the crop mentioned in the proclaimed district, his term shall automatically expire and a vacancy shall exist in the directors. If for any reason a vacancy exists in the directors, the board of supervisors shall appoint a director who is the owner of the crop mentioned in the proclaimed district to fill the unexpired term.

B. To qualify as director every person so elected or appointed shall file an oath of office with the clerk of the board of supervisors in the same manner as all other county officers.

C. Within ten days after their election and qualification, the directors shall meet and elect one of their number chairman and one of their number vice chairman and one of their number secretary whose duties shall be those commonly performed by such officers.
A.R.S. § 48-203 — Arizona Code / Title 48 / Chapter 1 / Article 6 / Section 203
48-203 Estimated cost of work; application fees; exemption
Status: in_force

48-203. Estimated cost of work; application fees; exemption

A. The estimated cost of any such work shall include the cost of all labor and materials to be utilized in completing such work.

B. Application shall be accompanied by a filing fee of fifty dollars. There shall be a further fee paid at the time of filing the application, or upon receipt of the proceeds of bonds and prior to beginning actual work if the work is to be paid for from the proceeds of bonds, based upon the estimated cost of the work, as follows:

1. For the first two hundred fifty thousand dollars, one per cent of the estimated cost.

2. For the next seven hundred fifty thousand dollars, one-half of one per cent.

3. For the next four million dollars, one-fourth of one per cent.

4. For all costs in excess of five million dollars, one-tenth of one per cent.

C. The provisions of subsection B of this section shall not apply to a district formed by a county, city or town.
A.R.S. § 48-317 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 317
48-317 Alternative plan; hearing on report of costs; amendments or modifications; confirmation
Status: in_force

48-317. Alternative plan; hearing on report of costs; amendments or modifications; confirmation

A. At a time fixed by the board, not less than three days after filing the inspector's report, the board shall meet to discuss the report and hear objections or complaints thereto made by the owners of property liable to assessment.

B. After hearing the objections, if any, and making amendments to or modifications of the report as the board deems proper, the board shall, by motion or resolution, confirm the report.
A.R.S. § 48-307 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 307
48-307 District officers; term of directors; recall; powers and duties
Status: in_force

48-307. District officers; term of directors; recall; powers and duties

A. The officers of the district shall consist of three directors, a secretary and an inspector appointed by the board of directors. The treasurer of the county in which the district is located shall be ex officio treasurer of the district.

B. The directors shall be elected at large from the district and shall hold office for a term of two years from the first day of April following their election. After the election of the first board of directors, the directors shall be elected biennially. The directors may be recalled by the qualified electors of the district in the manner public officers are recalled.

C. The board shall manage and conduct the affairs of the district, employ inspectors, agents, attorneys and other employees, fix their compensation, establish necessary rules and regulations for the government of the district and perform all acts necessary to carry out the purposes of this article.

D. The board shall, by resolution, fix the date for holding the general election biennially in the district.
A.R.S. § 48-202 — Arizona Code / Title 48 / Chapter 1 / Article 6 / Section 202
48-202 Approval of plans and specifications by the director of water resources
Status: in_force

48-202. Approval of plans and specifications by the director of water resources

A. When any construction, repair, alteration, extension or improvement work for district purposes is to be performed according to plans and specifications prepared by or for a district, the governing body of the district may, if it so desires, make application to the director of water resources for his approval in writing of the plans and specifications.

B. All applications shall contain such information and data as the director may require and shall have attached to the application the plans and specifications to be approved.

C. If application is made to the director for approval of plans and specifications for any such work, no person shall commence any such work until the director has approved the plans and specifications in writing, and when approved all work shall be performed strictly in accordance with the plans and specifications as approved.
A.R.S. § 48-150 — Arizona Code / Title 48 / Chapter 1 / Article 4 / Section 150
48-150 Validity of bonds
Status: in_force

48-150. 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 delivery and payment thereof any and all of the persons whose signatures appear thereon have ceased to be officers of the district issuing the bonds.

B. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the construction, improvement, reconstruction, acquisition or extension of the undertaking financed by the bonds or acquired in connection therewith.
A.R.S. § 48-316 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 316
48-316 Alternative plan; accounting of costs of eradication by district; report
Status: in_force

48-316. Alternative plan; accounting of costs of eradication by district; report

A. The inspector shall keep an accurate account of the cost of work done by him or under his supervision and the expense incurred on each tract, parcel or lot of land, and shall render an itemized report thereof in writing to the board.

B. A copy of the report shall be posted in the office of the board and a copy served upon the owner of each tract, parcel or lot of land affected, if the owner can be found within the county.
A.R.S. § 48-185 — Arizona Code / Title 48 / Chapter 1 / Article 5 / Section 185
48-185 Purposes of article
Status: in_force

48-185. Purposes of article

It is the purpose of this article to enable districts to secure the benefits of any act or acts of the Congress to encourage national recovery or to provide for the construction of useful public works, to encourage public works, to reduce unemployment or to improve the conditions of agriculture and thereby to assist in the national recovery and promote public welfare. To those ends districts may perform all acts required by the federal government as a condition of any loan or grant of money or sale or purchase of any bonds and do all things necessary or convenient to carry out such purpose in addition to the express powers conferred in this article. This article is remedial in nature and the powers hereby granted shall be liberally construed.
A.R.S. § 48-551 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 551
48-551 Appointment of appraisers; revision of compensation and damages
Status: in_force

48-551. Appointment of appraisers; revision of compensation and damages

A. The governing body, upon entering its order to proceed, or at any time thereafter in its discretion, shall appoint one appraiser or three appraisers who shall be persons having knowledge of real estate values in the municipality and who shall proceed to revise the compensation and damages to be awarded for taking each of the parcels of land proposed to be taken for public purposes. In revising such compensation and damages the appraisers shall follow the provisions of section 48-512, except that all compensation and damages to be ascertained by them shall be deemed to have accrued on the date of the hearing provided for by section 48-549, and that there shall be allowed as a part of the value of the property to be taken the value of street improvements placed on the property after the date of the original estimate of compensation and damages in contemplation of the opening or widening of the street.

B. The appraisers shall make a list of all parcels of land proposed to be taken, describing them by legal or other definite description and set opposite the description of each parcel the separate items of compensation and damages provided for by section 48-512, and shall add thereto as a separate item the value of street improvements, if any thereon, for which compensation is authorized by this article.

C. The allowance for street improvements shall be included in the assessment for benefits and in the amount of the bonds that may be issued, but shall not be paid unless and until similar improvements on the major portion of the property taken for public use under the proceedings have been made or contracted to be made without cost or without being assessed to the owners of adjoining property.

D. If similar improvements on the major portion of the property taken under the proceedings are assessed against the owners of adjoining property, the items allowed for such street improvements shall be canceled.

E. The list when completed shall be certified by the appraiser or a majority of the board of appraisers and filed with the superintendent of streets.
A.R.S. § 48-186 — Arizona Code / Title 48 / Chapter 1 / Article 5 / Section 186
48-186 Supplemental nature of article
Status: in_force

48-186. Supplemental nature of article

This article is cumulative and the powers conferred hereby shall be in addition and supplemental to the powers conferred by any other general, special or local law. This article is not intended to repeal any other law, but insofar as the provisions of this article are inconsistent or in conflict with the provisions of any other law, the provisions of this article shall be controlling.
A.R.S. § 48-102 — Arizona Code / Title 48 / Chapter 1 / Article 1 / Section 102
48-102 Findings of state certification board
Status: in_force

48-102. Findings of state certification board

A. If the state certification board finds that the record offered in support of the application submitted sustains the application and that all requirements and conditions precedent have been fulfilled, it shall approve the bond application either in whole or in part, or shall otherwise disapprove the bond issue as a whole or as to the features or proposals that do not meet essential requirements.  When the board has made and entered its findings, a decision shall be made accordingly. The rejection of any document or report or the contents of the document or report or the rejection of an entire application shall not preclude filing amended applications, documents, reports, statistics, plans, maps or other records or the subsequent consideration of any amended or altered bond proposal.

B. The decision of the state certification board based on findings of fact supported by a preponderance of the evidence and that are not arbitrary or unreasonable shall be final and conclusive.

C. The state certification board after approval of the application shall not exercise further control of the proceeds of any bond issue but they shall be controlled and administered solely by the applicant as provided in this chapter.
A.R.S. § 48-506 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 506
48-506 Notice of resolution
Status: in_force

48-506. Notice of resolution

A. The street superintendent shall cause to be conspicuously posted along all streets and parts of streets within the assessment district described in the resolution, at not more than three hundred feet in distance apart, not less than three notices of the passage of the resolution.

B. The notices shall be headed "Notices of public work" in letters not less than one inch in height, shall state the fact and date of passage of the resolution, shall briefly describe the improvement proposed, shall refer to the resolution for further particulars, and shall publish the notice in a newspaper as required by section 39-204.
A.R.S. § 48-248 — Arizona Code / Title 48 / Chapter 1 / Article 8 / Section 248
48-248 Payment of outstanding taxes, penalties and interest on acquiring property
Status: in_force

48-248. Payment of outstanding taxes, penalties and interest on acquiring property

A. If any special taxing district acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the governing board shall pay to the county treasurer any taxes on the property that were unpaid as of the date of acquisition, including penalties and interest.

B. The lien for unpaid delinquent taxes, penalties and interest on property acquired by a district:

1. Is not abated, extinguished, discharged or merged in the title to the property.

2. Is enforceable in the same manner as other delinquent tax liens.
A.R.S. § 48-508 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 508
48-508 Order for improvement; initiation of condemnation proceedings
Status: in_force

48-508. Order for improvement; initiation of condemnation proceedings

Having acquired jurisdiction, the council may, by resolution, order the improvement to be made and direct an action to be brought by the city or town attorney, in the name of the municipality, for condemnation of the property to be taken. The action shall be brought within thirty days after passage of the resolution ordering the improvement, but the council may, by resolution, extend the time for bringing the action for an additional period not exceeding thirty days. The action shall be governed by the law of eminent domain, except as otherwise provided.
A.R.S. § 48-406 — Arizona Code / Title 48 / Chapter 3 / Article 1 / Section 406
48-406 Amendment of district boundaries
Status: in_force

48-406. Amendment of district boundaries

A. At any time after the district has been proclaimed, the owner of any crop for which the district has been proclaimed whose land is contiguous to the exterior boundaries of the district may request the board of supervisors to amend the boundaries of the district to include such owner's property.

B. If the board of supervisors determines that the inclusion of such land will benefit both the owner and the district, the inclusion shall be made by order of the board of supervisors.
A.R.S. § 48-172 — Arizona Code / Title 48 / Chapter 1 / Article 5 / Section 172
48-172 Power to contract with federal government; purposes of contract
Status: in_force

48-172. Power to contract with federal government; purposes of contract

A. If any district desires to secure loans, grants or advances of money from the federal government for the purpose of acquiring or constructing works or properties or of making or procuring extensions, improvements, reconstruction or repairs of or to any of their works or properties, or for refunding, refinancing, paying or reducing all or any part of their existing indebtedness, or for any one or more of such purposes, the district may enter into contracts or agreements with the federal government. The contract shall contain agreements whereby the federal government will do any or all of the following:

1. Make loans, grants or advances to or for the benefit of the district.

2. Purchase bonds to be issued by the district pursuant to the provisions of the contract or agreement.

3. Purchase bonds theretofore issued by the district either from the holders thereof or from bondholders' committees or other agents or representatives of the holders.

B. The contracts or agreements may contain such terms, conditions, covenants and restrictions for the security of the federal government, or any subsequent holder of the bonds, or for any other purpose as may be agreed upon between the respective districts and the federal government.
A.R.S. § 48-573 — Arizona Code / Title 48 / Chapter 4 / Article 2 / Section 573
48-573 Pedestrian malls
Status: in_force

48-573. Pedestrian malls

In addition to the powers granted in section 48-572, when the public interest or convenience requires, the governing body of a municipality may:

1. Establish pedestrian malls.

2. Prohibit, in whole or in part, vehicular traffic on a pedestrian mall.

3. Pay, from general funds of the municipality or other available monies or from the proceeds of assessments levied on lands benefited by the establishment of a pedestrian mall, the damages, if any, allowed or awarded to any property owner by reason of the establishment of a pedestrian mall, provided that the resolution of intention contains a statement that an assessment will be levied to pay the whole or a stated portion of such damages, if any, allowed or awarded to any property owner by reason of the establishment of such pedestrian mall.

4. Construct on public streets which have been or will be established as a pedestrian mall improvements of any kind or nature necessary or convenient to the operation of such streets as a pedestrian mall, including but not limited to paving, sidewalks, curbs, gutters, sewers, covered walkways or areas, air conditioning, drainage works, street lighting facilities, fire protection facilities, flood protection facilities, water distribution facilities, vehicular parking areas, retaining walls, landscaping, tree planting, statuary, fountains, decorative structures, benches, rest rooms, child care facilities, display facilities, information booths, public assembly facilities, and other structures, works or improvements necessary or convenient to serve members of the public using such pedestrian mall including the reconstruction or relocation of existing municipally owned works, improvements or facilities on such streets. Such improvements or structures may be attached to abutting private buildings or structures, provided that such improvements or structures shall be located on public property.
A.R.S. § 48-223 — Arizona Code / Title 48 / Chapter 1 / Article 7 / Section 223
48-223 Types of retirement plans; trust fund; insured plan
Status: in_force

48-223. Types of retirement plans; trust fund; insured plan

The plan adopted may provide for either:

1. The creation of a retirement trust fund to consist of all contributions made by the district and the participants and the net income produced by the investment of the trust fund. The trust fund shall be held, managed and administered by a trustee pursuant to an agreement between the district and the trustee. The governing body of the district is authorized to enter into an agreement with a bank or corporation empowered to exercise trust powers providing for the holding, management, administration, and disposition of the trust fund upon such terms and under such conditions as the governing body may determine to be in the best interest of the participants and the district and to afford the greatest actuarially sound benefits to the participants. Such trustee shall be a corporation or association organized under the laws of this state or of the United States and shall have been engaged in business not less than ten years.  The trust funds may be invested in any of the securities or obligations prescribed by section 38-719, or as hereafter amended, for the investment of funds of the Arizona state retirement system.

2. A group annuity contract with a legal reserve insurance company for the purpose of providing for the purchase of annuities, the payment of death and termination benefits, and such other benefits as shall be provided by the plan.  The insurance company shall be authorized to transact business in the state for the purposes of issuing such group annuity contracts.
A.R.S. § 48-229 — Arizona Code / Title 48 / Chapter 1 / Article 7 / Section 229
48-229 Exclusion of existing retirement plans
Status: in_force

48-229. Exclusion of existing retirement plans

No employees' retirement plan heretofore adopted or entered into by a district and now in effect shall be affected by any provision of this article; and any such plan may be continued in all respects as though this article had not been enacted.
A.R.S. § 48-543 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 543
48-543 Sale of bonds; disposition of proceeds
Status: in_force

48-543. Sale of bonds; disposition of proceeds

A. Improvement bonds issued under this article may be sold to the highest cash bidder, after advertising for bids by publication at least three times in a daily newspaper published and circulated in the city or town, or if there is no daily newspaper, then once in a weekly or semiweekly newspaper so published and circulated.

B. The council may not sell the bonds for less than par. If sold in excess of par the excess shall be paid into the general fund of the city or town. The proceeds of the sale shall be paid into a fund representing the assessments on which the bonds were issued.
A.R.S. § 48-534 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 534
48-534 Procedure to supply deficiency in fund; refund of surplus funds
Status: in_force

48-534. Procedure to supply deficiency in fund; refund of surplus funds

A. If there is a deficiency in the fund for the improvement, the council may provide for the deficiency by an appropriation from the general fund of the treasury, or by ordering a supplementary assessment to be made by the street superintendent upon the property in the assessment district, under the same procedure as the original assessment, and to avoid delay, the council may advance the deficiency from the treasury and reimburse the treasury from the collections under the original or a supplementary assessment.

B. If there is a surplus the council shall order the surplus refunded and prorated to the parties who paid the assessments.
A.R.S. § 48-510 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 510
48-510 Choice between trial or appointment of referees to determine compensation
Status: in_force

48-510. Choice between trial or appointment of referees to determine compensation

When all defendants to the condemnation action have answered, or have been served with summons and their default entered, the plaintiff or any defendant whose default has not been entered, may, upon five days notice to the parties, except defendants in default, move the court to set the action for trial. If, upon hearing the motion, a trial by jury or by the court without a jury is not demanded, the trial shall be deemed waived by all parties not so demanding, and the court shall appoint three disinterested persons as referees to ascertain the compensation to be paid to the defendants waiving trial. The referees shall be residents of the municipality where the improvement is to be made, and over the age of eighteen years, and shall take and file with the court an oath to discharge their duties faithfully and impartially. If a referee fails to qualify, resigns, is removed by order of court or is unable to act, the vacancy created shall be filled by the court.
A.R.S. § 48-546 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 546
48-546 List of delinquent installments; publication of notice; sale of delinquent property
Status: in_force

48-546. List of delinquent installments; publication of notice; sale of delinquent property

A. The superintendent shall, within twenty days from the date of the delinquency, begin publication of the list of assessments on which any installment is delinquent. The list shall contain a description of each parcel of property, and opposite each description the name of the owner as stated in the assessment, or, if no name is stated in the assessment, the word "unknown", and the amount of the installment delinquent, together with penalty and costs due, including the cost of advertising.

B. The superintendent shall append to and publish with the list, a notice that unless each delinquent installment, together with the penalty and costs thereon, is paid, the whole amount of the assessment will be declared due by him, and the property upon which the assessment is a lien will be sold at public auction at a time and place to be specified in the notice. The publication shall be published and circulated in the municipality for a period of ten days in a daily newspaper, or for two weeks in a weekly newspaper so published and circulated. If published in a daily newspaper, publication shall be made in two issues of the paper, and eight days shall intervene between the first and last publication.

C. The time of sale shall not be less than five days nor more than ten days after the last publication, and the place of sale shall be in or in front of the office of the superintendent, or in or in front of the usual place of meeting of the governing body of the municipality.
A.R.S. § 48-313 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 313
48-313 Alternative plan; hearing; jurisdiction; decision conclusive
Status: in_force

48-313. Alternative plan; hearing; jurisdiction; decision conclusive

At the time and place stated in the notice, the board of directors shall hear protests against the proposed action, and may continue the hearing from time to time. Upon conclusion of the hearing the board, by motion or resolution, shall allow or overrule any or all objections whereupon it shall be deemed to have acquired jurisdiction to proceed with the work of eradication, and the decision of the board shall then be final and conclusive.
A.R.S. § 48-227 — Arizona Code / Title 48 / Chapter 1 / Article 7 / Section 227
48-227 Exemption from taxation and execution; exceptions; nonassignability of benefits
Status: in_force

48-227. Exemption from taxation and execution; exceptions; nonassignability of benefits

A. The benefits, annuities and pensions, the employee and district contributions and the securities in which any trust fund provided for in a plan shall be invested shall not be subject to execution or attachment, garnishment, bankruptcy proceedings or other legal process. The securities in the plan's trust fund are exempt from state, county and municipal taxes, but the benefits, annuities and pensions received by an officer or employee from such a plan after December 31, 1988 are subject to tax pursuant to title 43.

B. No participant or beneficiary, or any other person having or claiming to have any interest of any kind or character in or under any plan adopted by a district, or any part thereof, or payment therefrom, shall have any right to sell, assign, transfer, convey, hypothecate, anticipate, or otherwise dispose of such interest.
A.R.S. § 48-514 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 514
48-514 Notice of trial; intervention; continuance
Status: in_force

48-514. Notice of trial; intervention; continuance

A. If there is a trial of the action by a jury, or by the court without a jury, the clerk of the court shall give notice of the time and place of the trial to all persons owning or having an interest in any property within the assessment district for the improvement. The notice shall be published in the same manner and for the same time as required by section 48-513, subsection C and shall require all persons owning or having an interest in any property included within the assessment district for the improvement to intervene in the action, and to appear at the trial thereof and introduce evidence relative to the compensation and damages to be awarded to the defendants therein.

B. At any time within not less than one day prior to the trial, any person not a party to the action having an interest in any property included within the assessment district may intervene in the action, and, upon the trial thereof, may appear and introduce evidence relative to the compensation and damages to be awarded to the defendants therein.

C. The cost of publication of the notices required by this section and section 48-513 shall be paid by the plaintiff, and allowed as costs in the action.

D. If a hearing or trial is continued by the court to a subsequent date, no notice need be given by the clerk of the continuance.
A.R.S. § 48-222 — Arizona Code / Title 48 / Chapter 1 / Article 7 / Section 222
48-222 District retirement plans authorized; benefits provided
Status: in_force

48-222. District retirement plans authorized; benefits provided

A. A district which is not participating in the Arizona state retirement system provided by title 38, chapter 5, article 2, or the employees of which are not members of the Arizona state retirement system may, by appropriate action of a majority of its governing body, adopt a retirement plan for its employees.

B. Any such retirement plan may provide for such of the following benefits in such amounts and at such times as the governing body of a district may determine:

1. Retirement income or pensions for eligible district employees upon attaining age not less than sixty years payable in installments not more frequently than monthly, either from a trust fund and the income therefrom created by employees' and district contributions or by the purchase of single premium annuity contracts with legal reserve life insurance companies authorized to transact business in Arizona in such amounts as the balance in the employees' accounts on the books of the trust fund will provide.

2. The purchase by the district of a group annuity contract with a reserve life insurance company providing for retirement income upon attaining age not less than sixty years, for death benefits of a participant prior to the participant's retirement, and for any of the other benefits mentioned in this section.

3. Payment of retirement pension or income upon an employee having a permanent and total disability to the extent to which the employee is prevented from engaging in the employee's normal occupation with the district. The disability retirement income shall commence at such time as the plan adopted by the governing body of a district shall provide.

4. Termination of service withdrawal benefits after both the attainment of age fifty and five years of participation in the plan.

5. The establishment of nonforfeitable interests of various types in any trust fund or annuity contract upon termination of service after not less than five years of continuous participation in the plan, depending upon the period of continuous participation.

6. Prior service retirement income and benefits.

C. The governing body is authorized to adopt such other provisions in a plan as it may deem to be for the best interests of the participants and the district and which are actuarially sound and not in conflict with the provisions of this article.
A.R.S. § 48-291 — Arizona Code / Title 48 / Chapter 1 / Article 13 / Section 291
48-291 Federal and state regulations; local coordination; standing; definitions
Status: in_force

48-291. Federal and state regulations; local coordination; standing; definitions

A. If a district that is formed under this title and that has laws, regulations, plans or policies that are less restrictive than a federal or state regulation, rule, plan or policy, the district shall demand by any lawful means that the federal or state government coordinate with the district before the federal or state government implements, enforces, expands or extends the federal or state regulation, rule, plan or policy within the district's jurisdictional boundaries.  This subsection is mandatory unless the district specifically votes to not demand coordination.

B. If the federal or state government fails to coordinate in good faith with the district, the district shall hold public hearings, consider the evidence and vote on whether to authorize litigation to enforce the district's coordination rights.

C. If a person who resides or does business in this state serves each member of the district's governing body with a written demand that the district comply with this section and, within sixty days after service of the written demand, the district governing body fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response.  The written demand must specify the district law, regulation, plan or policy with which the federal or state government failed to coordinate.  Within thirty days after receiving the written demand for a response, the district shall hold a public hearing to present information on the decision not to demand coordination.

D. For the purposes of this section:

1. "Coordinate" means the action necessary to achieve coordination.

2. "Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state regulation, rule, plan or policy and a district law, regulation, plan or policy that is less restrictive than the federal or state regulation, rule, plan or policy.

3. "Less restrictive" means a district law, regulation, plan or policy imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the district's jurisdictional boundaries.
A.R.S. § 48-179 — Arizona Code / Title 48 / Chapter 1 / Article 5 / Section 179
48-179 Proceedings to test validity of contracts and bonds; petition
Status: in_force

48-179. Proceedings to test validity of contracts and bonds; petition

A. After the execution of any contract or agreement contemplated by this article, the governing body of a district may file a petition in the superior court in the county in which the office of the district is located to determine the validity:

1. Of the bonds authorized by the contract or agreement.

2. Of all proceedings taken or had thereunder in connection with the issuance thereof of the levy of any taxes or assessments either for payment of principal and interest on the bonds or for any other purpose provided for or necessitated by the contract or agreement.

3. Of any provisions of the contract limiting or reducing indebtedness, taxes or other charges.

4. Of any and all other covenants of the district contained in the contract or agreement.

B. The action shall be in the nature of a proceeding in rem and jurisdiction of all parties interested shall be acquired by notice given as provided in section 48-180. The petition shall set forth:

1. The fact showing that the district is a district as defined as in this article.

2. The contract or agreement with the federal government.

3. That the contract or agreement has been approved by resolution of the state certification board and by a vote of the majority of the qualified voters of the district in the manner provided in this article.

4. All resolutions adopted by the governing body and copies of any bonds proposed to be issued by the district pursuant to the contract or agreement together with a full statement of all proceedings taken by the district in connection with the authentication and issuance thereof.

5. All proceedings of the district with reference to the levy of taxes and assessments pursuant to the contract or agreement.

6. All other resolutions adopted by the governing body of the district in connection with the contract or agreement.

C. The petition shall pray that the contract or agreement and all proceedings be examined by the court and that if they are found to be in substantial compliance with the provisions of this article they be ratified, confirmed and validated.
A.R.S. § 48-507 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 507
48-507 Protests; filing; presentation to council; hearing
Status: in_force

48-507. Protests; filing; presentation to council; hearing

A. Any person interested and objecting to the improvement, or to the extent of the assessment district, may file a written protest with the city or town clerk within fifteen days after completion of posting the notice, or within fifteen days after the date of the last publication of the notice if such date is subsequent to the completion of the posting.

B. The protest shall contain a description of the property in which each signer thereof is interested and the nature of his interest therein, and shall be accompanied by the affidavit of one of the signers thereof that each signature is the genuine signature of the person whose name is thereto subscribed. If a signature is made by an agent, there shall be attached to the protest the affidavit of the agent that he is duly authorized to sign the protest. A protest not complying with the foregoing requirements shall not be considered. If property is held by tenancy in common, and a cotenant signs the protest, only the proportionate share of the frontage represented by his interest shall be counted in determining the amount of frontage represented by the protest.

C. The clerk shall endorse on the protest the date of its filing, and, at the next meeting of the council after the expiration of the time for filing protests, shall present to the council all protests filed with him. If the protests are against the improvement, and the council finds that they are signed by the owners of a majority of the frontage of the property fronting on streets or parts of streets within the assessment district, all further proceedings under the resolution of intention, excepting in the cases otherwise provided in this article, shall be barred, unless the owners of a majority of the frontage of the property fronting on streets or parts of streets within the assessment district shall in the meantime petition therefor.

D. The council at the meeting shall fix a time for hearing protests, not less than ten days thereafter, in the following cases:

1. If the protests are against the improvement, and the council finds that they are not signed by the owners of a majority of the property fronting on streets or parts of streets within the assessment district.

2. If the protests are only against the extent of the assessment district.

3. If the proposed improvement is for opening or extending a street for a distance of not more than two blocks intervening between the terminations of two different streets, or two portions of the same street, both of which are at least five blocks in length, and which existed at the time the resolution of intention for the proposed improvement was adopted, and the opening or extending of the streets will, together with the different streets or portions of the same street so existing, make, as nearly as practicable, one connecting or continuous street.

4. If the proposed improvement is for opening or extending a street into a different street for a distance of not more than one block intervening, and the street so proposed to be opened or extended through the intervening block existed for a distance of at least five blocks at the time the resolution of intention was adopted.

5. If the proposed improvement is for opening or extending a public street, lane, alley, court or place through the remainder of a block when the public street, lane, alley, court or place existed at the time the resolution of intention was adopted for at least one half the distance through the block.

E. The council shall cause notice of the time of the hearing to be published for at least two days in a daily newspaper published and circulated in the city or town, or if there is no daily newspaper, by at least one publication in a weekly newspaper so published and circulated, the first publication to be not less than five days before the hearing.

F. The council shall hear the protest at the time appointed, or any time to which the hearing thereof may be adjourned, and pass upon it, and its decision thereon shall be final and conclusive. If any protests are sustained, no further proceedings shall be had under the resolution of intention, but a new resolution of intention for the same improvement may be passed at any time. If the protests are denied, the proceedings shall continue as if such protests had not been made.

G. At the expiration of the time within which protests may be filed, if none are filed, or if protests are filed and are denied, the council shall acquire jurisdiction to order the improvement described in the resolution of intention.
A.R.S. § 48-555 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 555
48-555 Appeals from assessment of benefits
Status: in_force

48-555. Appeals from assessment of benefits

The governing body shall hear appeals from the assessments of benefits and shall determine them. The action of the governing body in approving or revising the assessments shall be final and conclusive. As soon as the governing body has passed upon the appeals, and the court has entered an order sustaining the right to take the property in all proceedings brought to review compensation and damages for property to be taken, the governing body may order bonds to be issued and sold without waiting for determination of the amount of compensation and damages to be awarded to the owners in the proceeding pending in the superior court.
A.R.S. § 48-251 — Arizona Code / Title 48 / Chapter 1 / Article 9 / Section 251
48-251 Annual report
Status: in_force

48-251. Annual report

A. Each district organized under this title and not exempted under subsection C of this section shall submit an annual report as prescribed by this section that contains the following information:

1. A schedule of the beginning and ending fund balances and all revenues and expenditures for the preceding fiscal year on a form prescribed by the auditor general or the same information contained in a financial statement for the preceding fiscal year that has been attested to by an independent certified public accountant. The schedule or statement shall include all monies, gifts or donations that are received from all sources and that have a value exceeding $100.

2. Legal descriptions of any boundary changes occurring during the preceding fiscal year.

3. The names, occupations and business telephone numbers of all members of the governing board and officers of the district on the last day of the preceding fiscal year.

4. The schedule and location of regular meetings of the district governing board.

5. The location or locations where public notices of meetings are posted pursuant to section 38-431.02.

6. The name and title of the person or persons completing the reporting requirements pursuant to this subsection.

7. Except for a district organized pursuant to chapter 5, article 3 of this title, a copy of any audit or financial review required to be prepared pursuant to section 48-253, subsection G.

B. The secretary or other officer of the district governing board shall submit the report within two hundred forty days after the close of the district's fiscal year to the clerk of the board of supervisors of each county in which the district is located.

C. Except for a domestic water improvement district that is organized under chapter 6, article 4 of this title and that serves a total population of less than ten thousand residents, districts organized under chapters 4, 6, 17, 22, 27 and 28 of this title are exempt from the requirements of this section. Districts that do not provide services or otherwise operate during the entire period covered by the report and that notify the clerk of the board of supervisors in writing of these circumstances within the time for filing the report are exempt from the requirements of subsection A of this section.

D. If a district fails to submit a report as required by this section, any taxpayer residing in the district may petition the superior court in a county in which the district is organized to order the district to show cause why the report has not been submitted. On a failure to show cause, the court shall order the district to file all reports as required by this section. A failure to obey the order of the court is punishable as contempt of court.

E. If the court finds that a district has violated this section, it shall award the taxpayer attorney fees and costs associated with bringing the action.

F. The board of supervisors of each county shall submit annually by March 31 a report on compliance with the requirements of this section to the president of the senate, the speaker of the house of representatives and the governor. The annual report shall include a listing of all those districts required to comply with the requirements of this section, the districts in compliance and not in compliance with the requirements and an analysis of the sufficiency of each district report.

G. The board of supervisors shall notify each district not in compliance with the reporting requirements of this section to comply within thirty days after receipt by certified mail of the noncompliance and that the district is subject to a civil penalty if it fails to comply. The board of supervisors shall assess, and the county treasurer shall collect from the monies of a district remaining in noncompliance thirty days after receipt of certified mail a penalty assessment of $100 per day for each day that the district is not in compliance with the reporting requirements of this section from thirty days after receipt by certified mail of the noncompliance notice until such time as the board of supervisors receives a copy of the district's annual report, to the extent that district monies are available and unencumbered. Penalty monies collected shall be deposited in the county general fund.
A.R.S. § 48-171 — Arizona Code / Title 48 / Chapter 1 / Article 5 / Section 171
48-171 Definitions
Status: in_force

48-171. Definitions

In this article, unless the context otherwise requires:

1. "Bonds" includes bonds, notes, temporary notes, temporary bonds, interim receipts, interim certificates, certificates of indebtedness, refunding notes, refunding bonds or other evidences of indebtedness or obligations of the district.

2. "Contract" or "agreement" between the federal government and a district includes contracts and agreements in the customary form and includes a resolution, unilateral promise or other commitment by the federal government by which it undertakes to make a loan, grant or purchase of the kind described in this article upon performance of specified conditions. When such a resolution, unilateral promise or other commitment by the federal government is made, the terms, conditions and restrictions therein set forth shall, for the purposes of this article, be deemed to constitute covenants of such a contract that are to be performed by the district, if the district accepts any money from the federal government.

3. "District" includes any irrigation district, drainage district, flood control district, agricultural improvement district, electrical district or power district, and in addition thereto any district, political subdivision, governmental agency, corporation or instrumentality of the state having territorial boundaries and created or organized for the purpose of benefiting or performing services for lands in the state.

4. "Federal government" includes the United States, the president of the United States, the federal emergency administrator of public works, reconstruction finance corporation, or any agency, instrumentality or corporation of the United States, which has been or may be designated, created or authorized by or pursuant to any act or acts of the Congress, or which is owned or controlled, directly or indirectly, by the United States.

5. "Governing body" of a district includes the body, board, commission, officer or officers, or other authority, having charge of the finances of the district.
A.R.S. § 48-312 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 312
48-312 Alternative plan; notice of hearing; form and contents; posting
Status: in_force

48-312. Alternative plan; notice of hearing; form and contents; posting

A. Not less than five nor more than fifteen days before the date set for the hearing, the board shall cause a notice to be conspicuously posted in at least three places not more than five hundred feet apart upon the property described. The notice shall briefly set forth the adoption of the resolution and the date thereof, together with a statement of every material matter embodied therein, including notice of the time, place and purpose of the meeting of protest, and that unless the noxious weeds, shrubs, vines or grasses are immediately removed and eradicated the district will proceed with their removal.

B. The notice shall be headed in capital letters not less than one inch in height, "Notice to destroy noxious weeds." The inspector or other person posting the notices shall make return to the board giving the date the notices were posted.
A.R.S. § 48-518 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 518
48-518 Diagram of improvement district
Status: in_force

48-518. Diagram of improvement district

Upon entry of judgment, the council shall order the city or town engineer to make and deliver to the street superintendent a diagram of the improvement and the property within the assessment district described in the resolution of intention. The diagram shall show the land to be taken for the proposed improvement, and also each separate lot, piece or parcel of land within the assessment district, and the dimensions of each lot, piece or parcel of land, and its relative location to the proposed improvement.
A.R.S. § 48-252 — Arizona Code / Title 48 / Chapter 1 / Article 9 / Section 252
48-252 District budgets
Status: in_force

48-252. District budgets

A. Each district organized under this title and not exempted by subsection D of this section shall submit the annual budget most recently adopted by the district to the county board of supervisors and the county treasurer. The district budget shall be prepared consistent with the annual financial statements required by this article. The board of supervisors may supply forms for use by districts in preparing their annual budget.

B. Budgets required to be submitted pursuant to this section shall be submitted to the county treasurer and the board of supervisors not later than July 10 of each year. If the district fails to submit a budget as required by this section, any taxpayer residing in the district, the board of supervisors or the county treasurer may petition the superior court in a county where the district is organized to show cause why the budget has not been submitted. On a failure to show cause, the court shall order the district to submit the budget within ten days after judgment is entered.

C. If the court enters judgment against the district under this section, the court may award the taxpayer, board of supervisors or county treasurer reasonable attorney fees and costs associated with bringing the action.

D. Except for a domestic water improvement district that is organized under chapter 6, article 4 of this title and that serves a total population of less than ten thousand residents, districts organized under chapters 4, 5, 6, 17, 22, 27 and 28 of this title are exempt from the requirements of this section.
A.R.S. § 48-183 — Arizona Code / Title 48 / Chapter 1 / Article 5 / Section 183
48-183 Use of proceeds of loan and grant; limitation
Status: in_force

48-183. Use of proceeds of loan and grant; limitation

Notwithstanding the provisions of any general, special or local law, the proceeds of any loan, grant or purchase of bonds shall be used only for the purposes authorized by the contract or agreement or approved by the federal government. If so authorized or approved the following items of cost shall be payable from any funds made available to a district through a loan or grant, or from any sale or exchange of bonds authorized by a contract or agreement made pursuant to this article:

1. Engineering, inspection, accounting and legal costs and expenses in connection with the preparation or performance of any contract or agreement authorized by this article.

2. The cost of issuance of any bonds authorized by this article, including printing, advertising, accounting, legal and other similar expenses in connection therewith.

3. Insurance premiums, compensation insurance, contractors' bonds and all other proper items of expense incurred during the period while any work provided for by the contract or agreement is under construction, and interest on money borrowed during such period and an additional period of not exceeding six months after completion.
A.R.S. § 48-153 — Arizona Code / Title 48 / Chapter 1 / Article 4 / Section 153
48-153 Prior lien of bonds
Status: in_force

48-153. Prior lien of bonds

All bonds of the same issue under this article shall have a prior and paramount lien on the revenue of the undertaking for which the bonds have been issued over and ahead of any claims or other obligations of any nature against that revenue subsequently arising or subsequently incurred. All bonds of the same issue under this article shall be equally and ratably secured, without priority by reason of number, date of bonds, sale, execution or delivery, by a lien on the revenue in accordance with the terms of the resolution authorizing the bonds.
A.R.S. § 48-243 — Arizona Code / Title 48 / Chapter 1 / Article 8 / Section 243
48-243 Distribution of contributions
Status: in_force

48-243. Distribution of contributions

Until otherwise provided by law, the county treasurer shall remit to the county, school districts, cities, towns, other political subdivisions and the state of Arizona all sums received by him as voluntary contributions, in the same manner as property taxes are now distributed, and in amounts derived by reducing the gross contribution applicable to each such school district, county, city, town, other political subdivision and the state of Arizona to a sum equivalent to the proportion which the statewide net contribution bears to the statewide total gross contribution.
A.R.S. § 48-204 — Arizona Code / Title 48 / Chapter 1 / Article 6 / Section 204
48-204 Liability in actions for damages
Status: in_force

48-204. Liability in actions for damages

A. No action shall be brought or maintained against the state, the director of water resources or his employees or agents for damages sustained as a result of the approval by the director of the plans and specifications for any such work.

B. No action shall be brought or maintained against any person for damages resulting directly or indirectly from any such construction, repair, alteration, extension or improvement work performed by such person in accordance with plans and specifications as approved by the director.

C. The provisions of subsection B shall not be deemed to limit the liability of any person for negligence or wilful wrongdoing during the performance of such work.

D. Nothing in this section shall relieve a district from the legal duties, obligations and liabilities it may have arising from any work performed in accordance with the plans and specifications approved by the director, nor to relieve any district or person from the legal duties, obligations and liabilities provided under title 23.
A.R.S. § 48-550 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 550
48-550 Abandonment of project; continuance of project
Status: in_force

48-550. Abandonment of project; continuance of project

A. If the governing body determines that the proceedings shall be abandoned, upon entry of a record to that effect, the proceedings shall stand abandoned and any property owners who have made payment shall be entitled to refunds as provided in section 48-517.

B. If the governing body determines that the proceedings shall be continued without reappraisal, the bonds theretofore authorized shall be readvertised and sold, if satisfactory bids are received in accordance with this article. If the governing body determines the proceedings shall be continued under a reappraisal of compensation and damages awarded and benefits assessed, it shall proceed in the manner provided by sections 48-551 through 48-558.
A.R.S. § 48-542 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 542
48-542 Validity of bonds; priority of bond lien
Status: in_force

48-542. Validity of bonds; priority of bond lien

Improvement bonds issued under this article shall by their issuance be conclusive evidence of the regularity and validity of all proceedings thereto, and shall be first liens upon the property assessed, superior to all other liens, charges and encumbrances except liens of prior assessments and municipal, state and county taxes.
A.R.S. § 48-146 — Arizona Code / Title 48 / Chapter 1 / Article 4 / Section 146
48-146 Ballots
Status: in_force

48-146. Ballots

At the election the ballots shall contain the words "for the bonds" and "against the bonds". To the right of and opposite each proposal shall be placed a square approximately the size of the square placed opposite the names of candidates on ballots. The voter shall indicate his vote "for the bonds" or "against the bonds" by inserting the mark "X" in the appropriate square. No other question, word or figure need be printed on any ballot. The ballot need not be any particular size, nor need sample ballots be printed, posted or distributed.
A.R.S. § 48-536 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 536
48-536 Proof of publication or posting
Status: in_force

48-536. Proof of publication or posting

Proof of publication of any notice required by this article shall be made by affidavit of the publisher or any person in the employ of the publisher, and proof of posting shall be made by affidavit of the person posting the notice, setting forth the facts surrounding the posting. An officer required to publish or post the notice shall obtain and file in his office the affidavit of proof thereof, but failure to do so shall not affect the validity of the proceedings. The affidavit so filed shall be prima facie evidence of the facts therein stated relative to the publication or posting.
A.R.S. § 48-411 — Arizona Code / Title 48 / Chapter 3 / Article 1 / Section 411
48-411 Non-agriculture lands exempt
Status: in_force

48-411. Non-agriculture lands exempt

No non-agriculture lands shall be subject to the provisions of this article.
A.R.S. § 48-281 — Arizona Code / Title 48 / Chapter 1 / Article 12 / Section 281
48-281 Definitions
Status: in_force

48-281. Definitions

A. In this article, "professional services" includes architect services, engineer services, landscape architect services, assayer services, geologist services and land surveying services and any combination of those services.

B. If a term is used in this article and is defined in section 34-101 or 34-601, the term has the same meaning prescribed in section 34-101 or 34-601.
A.R.S. § 48-263 — Arizona Code / Title 48 / Chapter 1 / Article 10 / Section 263
48-263 Special taxing district impact statement; district creation; district boundary change; bond requirement
Status: in_force

48-263. Special taxing district impact statement; district creation; district boundary change; bond requirement

A. Notwithstanding any other special taxing district organization or boundary change requirements, a special taxing district impact statement is required for each antinoxious weed district, pest control district, recreation center district, special road district and irrigation water delivery district, as follows:

1. In the case of a special taxing district formation proposal and before the circulation of organization petitions otherwise required, the special taxing district impact statement and hearing requirements pursuant to section 48-261, subsection A, paragraphs 1 through 5 and subsections C, D and E shall first be complied with.

2. In the case of a proposed special taxing district boundary change to an existing district and before the circulation of any boundary change petitions otherwise required, the boundary change impact statement and hearing requirements pursuant to section 48-262, subsection A, paragraphs 1 through 5 and subsections E and G shall first be complied with.

B. The board of supervisors may require the person desiring to propose creation of a special taxing district in subsection A of this section to post a reasonable bond to be filed with the board, in accordance with section 48-261, subsection C.
A.R.S. § 48-592 — Arizona Code / Title 48 / Chapter 4 / Article 2 / Section 592
48-592 Invalidity of liens or bonds; extent of validity; means to secure interest of persons damaged
Status: in_force

48-592. Invalidity of liens or bonds; extent of validity; means to secure interest of persons damaged

A. If the lien of an assessment or reassessment, or of a bond issued to represent the amount assessed on any lot is held invalid by a court because a portion of the improvement ordered was without the power of the governing body to order, or was not properly embraced within the contract for the work, or in the assessment made to cover the expenses, the owner of the warrant or the holder of the bond is entitled to a judgment determining what portion of the assessment was legal. There shall thereafter be issued to him by the superintendent within sixty days, and in accordance with the directions of the judgment, a new assessment for an amount which the court finds was the reasonable value of the portion of the improvement legally authorized by the proceedings, which amount shall be reassessed upon the property in the same manner and with like effect as provided for issuing the original assessment, and may be enforced as an original assessment. The holder of bonds representing the original assessment shall be entitled to new bonds on each lot representing the amount of the reassessment.

B. If the lien of an assessment, or of a bond issued therefor, is held invalid by a court for any cause arising subsequent to the time the authority of the governing body attaches to order the work, or when the lien is defeated or held invalid for any cause, and it also appears that the owner of the property, holding it at the time the notice of the award of contract was published, had personal knowledge of the intention to order award of the contract, and has not filed a protest against the improvement or a notice of his objection to the award of contract, the owner of the assessment or bond may recover from the owner of the lot covered by the assessment such sum as the court shall find the lot to have been actually benefited by the improvement, not exceeding the amount which would have been properly assessable against the lot.
A.R.S. § 48-527 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 527
48-527 Payment prior to sale
Status: in_force

48-527. Payment prior to sale

At any time after delinquency, and prior to the sale of any piece of property assessed and delinquent, any person may pay the assessment on the piece of property, together with the penalty, and costs then due, including the cost of advertising, and the assessment shall be marked "paid."
A.R.S. § 48-530 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 530
48-530 Redemption of property
Status: in_force

48-530. Redemption of property

A. Redemption of a parcel of property sold for delinquent assessment may be made by any party in interest, at any time prior to the execution and delivery of a deed therefor, by paying to the street superintendent the amount for which the property was sold, and interest thereon from the date of sale at the rate of ten per cent per annum if paid within twelve months, or fifteen per cent if paid thereafter.

B. When redemption is made, the street superintendent shall note that fact on the duplicate certificate of sale in his office, and deposit the amount paid with the city or town treasurer, who shall credit the purchaser named in the certificate of sale with the amount, and pay such amount to the purchaser, or his assignee, upon surrender of the certificate of sale.

C. When the municipality is the purchaser, the treasurer shall notify the clerk of the redemption, and the clerk shall cancel the certificate of sale on file in his office.
A.R.S. § 48-314 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 314
48-314 Alternative plan; order for eradication; costs as claim against district
Status: in_force

48-314. Alternative plan; order for eradication; costs as claim against district

A. After final action, or in case no objections are received, the board may order its inspector to enter upon the premises described and eradicate the noxious weeds, shrubs, vines or grasses thereon. The inspector and his assistants are authorized to enter upon private property for that purpose.

B. The costs of eradication shall constitute a valid claim against the antinoxious weed district and shall be paid as other claims against the district are paid.
A.R.S. § 48-310 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 310
48-310 Alternative plan for eradication
Status: in_force

48-310. Alternative plan for eradication

Noxious weeds, shrubs, vines or grasses found within the boundaries of an antinoxious weed district may be removed and eradicated under the alternative plan provided in sections 48-311 through 48-318.
A.R.S. § 48-532 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 532
48-532 Transmittal of assessment payments to treasurer
Status: in_force

48-532. Transmittal of assessment payments to treasurer

The street superintendent shall, from time to time, pay to the treasurer all monies collected by him on account of assessments made under this article. The treasurer shall, on receipt thereof, place the monies in a special fund, designating the fund by the name of the improvement for which the assessment was made.
A.R.S. § 48-261.01 — Arizona Code / Title 48 / Chapter 1 / Article 10 / Section 261.01
48-261.01 Assessed valuations; department of revenue; county assessor
Status: in_force

48-261.01. Assessed valuations; department of revenue; county assessor

For the purposes of this article, the following apply:

1. For property that is assessed by the department of revenue, the assessed value is the full cash value as otherwise provided by law.

2. For property that is assessed by the county assessor, the assessed value is the limited property value unless otherwise provided by law for that property.
A.R.S. § 48-552 — Arizona Code / Title 48 / Chapter 4 / Article 1 / Section 552
48-552 Revision and reassessment of benefits
Status: in_force

48-552. Revision and reassessment of benefits

The appraiser or appraisers shall also revise and reassess the benefits derived from the street opening or widening as tentatively determined by their reappraisal of compensation and damages, including costs and expenses authorized to be included by section 48-519, and the expenses of the reappraisal upon the lots and parcels of lands assessed in the original assessment roll, and they shall make a new assessment roll for that purpose and place their figures thereon, leaving blank spaces for revised figures that may be made by the governing body at the hearing hereafter provided for in this article.
A.R.S. § 48-144 — Arizona Code / Title 48 / Chapter 1 / Article 4 / Section 144
48-144 Resolution calling bond election; publication
Status: in_force

48-144. Resolution calling bond election; publication

A. The board of directors shall adopt a resolution calling an election upon the question of the issuance of the bonds. The resolution shall state in substance:

1. The maximum amount of bonds to be issued.

2. The purpose for which the bonds are to be issued.

3. The maximum rate of interest which the bonds are to bear.

4. A brief, concise statement, which need not include any detail other than the mere statement of the fact, showing that the bonds will be payable solely from revenues.

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

6. The places where votes may be cast.

7. The hours between which such polling places will be open.

B. The election resolution shall be posted in three public places in each division of the district for at least fifteen days prior to the date of the election and shall be published at least once not less than fifteen days nor more than thirty days prior to the date of the election in a newspaper of general circulation published in the county in which the office of the board of directors of the district is located.

C. Instead of publishing the notice described in subsection A, the board of directors may, and for a nonresident qualified elector of the district shall, mail a notice of election to each household containing a qualified elector of the district. The notice shall contain the same information described in subsection A, paragraphs 1 through 5 and the polling place for that household's qualified electors and the times it is open.  The notice shall be mailed at least thirty-five days before the election.
A.R.S. § 48-302 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 302
48-302 Petition to organize district; filing; contents
Status: in_force

48-302. Petition to organize district; filing; contents

A. In order to create an antinoxious weed district, not less than twenty-five per cent of the holders of title shall file a petition with the board of supervisors of the county to organize an antinoxious weed district. The petition shall contain:

1. A general description of the boundaries.

2. An estimate of the total acreage to be included.

3. The name of the proposed district.

4. The character and objectionable features of the noxious growth within the proposed district to be eradicated or controlled.

5. A request that the board define and establish the boundaries of the proposed district and submit the question of final organization thereof to the vote of the electors.

B. Each signer shall describe the lands to which he holds title or evidence of title.
A.R.S. § 48-176 — Arizona Code / Title 48 / Chapter 1 / Article 5 / Section 176
48-176 Approval by state certification board
Status: in_force

48-176. Approval by state certification board

Notwithstanding the provisions of any general, special or local law, before the contract or agreement with the federal government becomes effective and binding upon the district it shall be approved by resolution of the state certification board.
A.R.S. § 48-572 — Arizona Code / Title 48 / Chapter 4 / Article 2 / Section 572
48-572 Purposes for which public improvements may be undertaken; powers incidental to public improvements
Status: in_force

48-572. Purposes for which public improvements may be undertaken; powers incidental to public improvements

A. When the public interest or convenience requires, the governing body of a municipality may:

1. Order the whole or any portion, either in length or width, of one or more of the streets of the municipality graded or regraded, paved or repaved, or otherwise improved or reimproved.

2. Order the construction, reconstruction or repair of any tunnel, subway, viaduct or conduit in, on, under or over any street, or land of the municipality or any land on, under or over which the municipality may have an easement or right-of-way therefor.

3. Order the construction or reconstruction of railroads, sidewalks, crosswalks, curbs, gutters, culverts, bridges, tunnels, siphons, manholes, steps, parkings and parkways and also pipes, hydrants and appliances for fire protection.

4. Order construction, reconstruction or acquisition of sewers, ditches, drains, conduits, pipelines and channels for sanitary and drainage purposes, or either or both, with outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, connecting sewers, ditches, drains, conduits, channels and other appurtenances in, under, over or through any street, or any land of the municipality or any right-of-way granted or obtained for such purpose, either within or without the limits of the municipality.

5. Order construction, reconstruction or acquisition of waterworks, ditches, canals, channels, conduits, pipelines and siphons, together with the necessary or usual appurtenances for carrying storm water or water from irrigation ditches, watercourses, streams or springs into, through or out of the municipality, in, under, over or through any street, or any land of the municipality or any right-of-way granted or obtained for such purpose, either within or without the limits of the municipality.

6. Order construction, reconstruction or acquisition of breakwater levees or walls, docks, wharves, marinas, boat harbors and related facilities.

7. Order construction, reconstruction or acquisition of lighting plants and poles, wires, conduits, lamps, standards and other appliances for the purpose of lighting and beautifying the streets improved.

8. Order the whole or any portion of any off-street parking area and entrances thereto of the municipality graded or regraded, paved or repaved, or otherwise improved or reimproved, order lighting plants and poles, wires, conduits, lamps, standards, and other appliances for the purpose of lighting, landscaping and beautifying the streets or off-street parking areas and entrances thereto to be improved and order construction on such land of parking structures that may have any portion at, above or below grade. If in connection with any lot or parcel within a proposed assessment district adequate off-street parking facilities have been provided, such lot or parcel shall be excluded from the assessment district and shall not be assessed for such improvements if within the time and in the manner provided in section 48-579, subsection C the owner or owners file a written objection to the extent of the assessment district. For purposes of this paragraph in cities having a zoning code or ordinance, unless the off-street parking facilities provided meet or exceed the requirements of the zoning code or ordinance for a lot or parcel of that size in that zone, then such off-street parking facilities shall not be deemed adequate. In cities not having a zoning code or ordinance, the facilities provided shall not be deemed adequate unless parking space for one motor vehicle is provided for each three hundred square feet of floor space in the building served by such off-street parking site. If any lot or parcel within a proposed assessment district organized for improvements provided for in this paragraph is zoned and used exclusively for single family residential purposes, such lot or parcel shall be excluded from the assessment district and shall not be assessed for such improvements if within the time and in the manner provided in section 48-579, subsection C the owner or owners file a written objection to the extent of the assessment district.

9. Order the construction or reconstruction of any work incidental to or connected with the improvements set forth in this subsection.

10. Pursuant to section 48-622, and notwithstanding any other law, construct, acquire or improve a wastewater treatment facility, drinking water facility or nonpoint source project with monies borrowed from or financial assistance including forgivable principal provided by the water infrastructure finance authority of Arizona.

B. In addition to all powers specifically granted by or reasonably inferred under the provisions of this article, cities and towns, acting through their governing bodies, may:

1. Join with other cities or towns or any improvement district or sanitary district or the state, or any of its departments or agencies, the federal government or any of its departments, agencies or instrumentalities, in the construction, operation or maintenance of improvements authorized by this section.

2. Join with any other city, town, improvement district or sanitary district in improving streets running on or along the boundaries of the city or town and levy assessments or issue bonds for the proportionate part of the city or town of the cost of the improvement.  A municipality that proposes to levy an assessment for the proportionate part of the city or town shall prepare a notice of intent to establish or increase the assessments pursuant to section 9-499.15, subsection B, paragraph 4.

3. Accept from the state, or federal government, or any agency, department or instrumentality of either, grants for or in aid of the construction of any of the improvements provided by this article, and enter into contracts with this state, the federal government, or any agency, department or instrumentality of either or both, for the construction or supervision of construction by this state, the federal government or any agency, department or instrumentality of either or both of any such improvements, in accordance with the plans, specifications, rules and regulations of this state, the federal government, or any agency, department or instrumentality of either or both, but reserving to the city or town the right to assess against the property benefited by the improvement, and located within the city or town, that portion of the cost of the improvement that does not qualify for aid under the state or federal grant.
A.R.S. § 48-303 — Arizona Code / Title 48 / Chapter 2 / Article 1 / Section 303
48-303 Bond for expenses; payment of expenses
Status: in_force

48-303. Bond for expenses; payment of expenses

A. At the time of filing the petition, a bond shall be filed with the board in double the amount of the probable cost of organizing the district which shall be fixed by the clerk of the board of supervisors and approved by the chairman. The bond shall be conditioned upon the payment to the county of all expenses incurred by the board in the proceedings if organization of the district is not effected.

B. If organization of the district is effected, then all expenses incurred by the county in the proceedings shall become county expenses and shall be repaid to the county by the district from monies received from the first collection of taxes by the district.