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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2387 |
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AN ACT
amending title 48, chapter 6, article 1, Arizona Revised Statutes, by adding section 48-961.01; relating to county improvement districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 48, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 48-961.01, to read:
48-961.01. Transfer of county improvement district to purchase energy for lighting public streets and parks to municipal jurisdiction
A. Except as provided in subsection C of this section, a county improvement district that is formed pursuant to section 48‑960 or 48‑961 for purchasing energy for the lighting of public streets and parks and that is entirely annexed into a city or town shall be converted from a county improvement district to a municipal improvement district on completion of all of the following:
1. The city or town shall adopt a resolution declaring the city's or town's intent to assume jurisdiction over the improvement district and to convert the improvement district to a municipal improvement district. The resolution must include or reference as an attachment the legal description of the property to be converted to a municipal improvement district and must specify the future date on which the city or town governing body is to commence as the governing body of the county improvement district. The conversion of any county improvement district to a municipal improvement district must include the entirety of the district.
2. The city or town shall deliver to the clerk of the county board of supervisors a certified copy of the city's or town's resolution of intent to assume jurisdiction, including the legal description of the affected property.
3. Not later than July 1 immediately following adoption of the resolution prescribed in paragraph 1 of this subsection, the city or town shall record in the office of the county recorder for the county in which the property is located a certified copy of the city's or town's resolution with the legal description of the affected property.
B. Beginning on the date specified in the resolution adopted by the city or town governing body, sections 48-960 and 48-961, relating to county improvement districts, no longer apply and the city or town governing body shall begin governance of the improvement district pursuant to sections 48‑616, 48-617 and this section.
C. This section does not establish a new district or a new political subdivision of this state and the previous governing body of the county improvement district and the governing body of the city or town that assumes jurisdiction over the district is not required to comply with section 42‑17257. On assumption of jurisdiction, the city or town shall comply with all existing power or energy purchase agreements of the county improvement district for the remainder of the terms of the agreements.
D. After the date on which the city's or town's governing body commences governance as prescribed by subsection B of this section and until July 1 immediately following adoption of the resolution prescribed by subsection A of this section, the existing county governing body of the county improvement district shall continue to operate the district and shall continue to comply with any existing power or energy purchase agreements. The governing body of the city or town that is assuming jurisdiction shall have concurrent jurisdiction with the county governing body to take all actions that are reasonably necessary pursuant to section 48-916 to provide for the assessment and levy of a tax for the next fiscal year for the maintenance, repair and replacement of a district's street lighting facilities and to purchase energy for street and public park lighting within the district. As soon as is practicable after July 1 as prescribed in subsection A of this section, the county treasurer shall pay over to the city or town that is assuming jurisdiction over the district all unobligated monies that are collected on behalf of the district, whether before or after July 1.
Sec. 2. Applicability; existing and future improvement districts formed for purchasing energy for the lighting of public streets and parks
This act applies to:
1. Any county improvement district that is formed for purchasing energy for the lighting of public streets and parks before or after the effective date of this act, and a city or town governing body may lawfully assume jurisdiction over an existing county improvement district pursuant to this act or a county improvement district that is formed after the effective date of this act.
2. Any municipal improvement districts that are formed by a city or town for purchasing energy for the lighting of public streets and parks before or after the effective date of this act.