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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1157 |
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AN ACT
Amending section 9‑511.01, Arizona Revised Statutes; amending title 9, chapter 5, article 2, Arizona Revised Statutes, by adding section 9‑511.04; relating to municipal charges.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-511.01, Arizona Revised Statutes, is amended to read:
9-511.01. Water and wastewater business; rates; procedures
A. A municipality engaging in a domestic water or wastewater business shall not increase any water or wastewater rate or rate component, fee or service charge without complying with the following:
1. Prepare a written report or supply data supporting the increased rate or rate component, fee or service charge. A copy of the report shall be made available to the public by filing a copy in the office of the clerk of the municipality governing board at least thirty days before the public hearing described in paragraph 2.
2. Adopt a notice of intention by motion at a regular council meeting to increase water or wastewater rates or rate components, fees or service charges and set a date for a public hearing on the proposed increase that shall be held not less than thirty days after adoption of the notice of intention. A copy of the notice of intention showing the date, time and place of the hearing shall be published one time in a newspaper of general circulation within the boundaries of the municipality not less than twenty days before the public hearing date.
B. After holding the public hearing, the governing body may adopt, by ordinance or resolution, the proposed rate or rate component, fee or service charge increase or any lesser increase.
C. Notwithstanding section 19‑142, subsection B, the increased rate or rate component, fee or service charge shall become effective thirty days after adoption of the ordinance or resolution.
D. Any proposed water or wastewater rate or rate component, fee or service charge adjustment or increase shall be just and reasonable.
E. Rates and charges demanded or received by municipalities for water and wastewater service shall be just and reasonable. Every unjust or unreasonable rate or charge demanded or received by a municipality is prohibited and unlawful.
F. For residential property of four or fewer units, a municipality shall not require payment of unpaid water and wastewater service rates and charges by anyone other than the person who the municipality has contracted with to provide the service.
G. For residential property of four or fewer units, a municipality shall not refuse service within the municipalities municipality's service area for the unpaid water and wastewater rates and charges to anyone other than the person who the municipality has contracted with to provide the service.
H. A municipality shall impose wastewater rates and charges on the user of the service or the person who contracts for the service. The user of the service is responsible for payment of the wastewater rates and charges imposed by the municipality. The property owner shall not be responsible for payment of rates and charges unless the owner of the property has contracted for the service. END_STATUTE
Sec. 2. Title 9, chapter 5, article 2, Arizona Revised Statutes, is amended by adding section 9-511.04, to read:
9-511.04. Waste or garbage collection service; payment
If a municipality provides waste or garbage collection service, the municipality shall impose waste or garbage collection rates and charges on the user of the service or the person who contracts for the service. The user of the service is responsible for payment of the waste or garbage collection rates and charges imposed by the municipality. The property owner shall not be responsible for payment of rates and charges unless the owner of the property has contracted for the service.