Bill Text: AZ SB1389 | 2010 | Forty-ninth Legislature 2nd Regular | Engrossed
Bill Title: Fire districts; city annexation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-04-28 - House Committee of the Whole action: Retained on the Calendar [SB1389 Detail]
Download: Arizona-2010-SB1389-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SENATE BILL 1389 |
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AN ACT
amending sections 48-812 and 48-813, Arizona revised statutes; relating to fire districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 48-812, Arizona Revised Statutes, is amended to read:
48-812. Disposition of fire district assets and relief and pension fund assets on annexation by or inclusion in a city or town; election
A. When any area having a fire district established under this article is entirely annexed to a city or town or entirely included within a newly organized city or town, the fire district of the area annexed and all its assets, including personnel, and liabilities of whatever description, shall at the option of the fire district's residents, may be merged and become a part of the fire department of the annexing city or town upon on the date the city or town elects to provide fire protection services to such area and the fire district's residents elect to receive those services.
B. Before accepting an annexation of all or part of the fire district, the fire district may hold an election on the question of acceptance of the annexation. The fire district's governing board, or if there is no governing board, the fire district chief may call an election on the question of annexation. The election shall be held as a mail ballot election pursuant to title 16, chapter 4, article 8.1, and the question on the ballot shall be "accept city fire services, yes" and "accept city fire services, no". Only those qualified electors in the portion of the district that is proposed for annexation are eligible to vote on the question, and the majority of those voting on the question shall determine the outcome.
C. If an annexation is approved:
B. 1. All assets and liabilities of whatever description and all books and records belonging to a fire fighters' relief and pension fund of an area annexed or newly organized shall be transferred to and shall become the property of the fire fighters' relief and pension fund of the annexing or newly organized city or town upon on the date the city or town elects to provide fire protection services to such area.
C. 2. Any firefighter who is employed on a full-time basis by a fire district and who becomes employed as a firefighter by an annexing or newly organized city or town within sixty days from and after the date the city or town elects to provide fire protection services to such area, shall become a member of the annexing or newly organized city or town's fire fighters' relief and pension fund, and that firefighter shall be granted service credit by the annexing or newly organized city or town in the same manner and in all respects as if the service had been rendered as a firefighter in the employment of the annexing or newly organized city or town, provided that the funds contributed by the firefighter to the fire district's fire fighters' relief and pension fund are transferred to the annexing or newly organized city or town's fire fighters' relief and pension fund, or if not so transferred, provided that the firefighter pay to the annexing or newly organized city or town's fire fighters' relief and pension fund the amount withdrawn, including the interest received at time of withdrawal.
D. 3. All pensions being paid on the effective date of annexation or organization from funds of the fire fighters' relief and pension fund of an area annexed by a city or town or newly organized city or town shall continue to be paid in accordance with section 9‑967 by the fire fighters' relief and pension fund of the annexing or newly organized city or town.
Sec. 2. Section 48-813, Arizona Revised Statutes, is amended to read:
48-813. Deletion of annexed area from fire district territory; provision for continued protection; proposed annexation
A. If any part or all of the territory of a district is annexed to a city or town, or is included within a newly organized city or town and any required approval of the voters is received as prescribed in section 48-812, the territory within the city or town remains a part of the district until the next July 1 following the time when the city or town elects to provide regular fire department services to the annexed or included area. The annexed or included area remains subject to taxes levied as provided in section 48‑806 for bonds of the district outstanding at the time of filing of the petition seeking annexation or incorporation until final payment on the bonds and is subject to taxes levied pursuant to section 48‑807 until the termination date.
B. On and after the termination date, no taxes may be levied pursuant to section 48‑807 on such area except as necessary to pay valid claims existing against the district on the termination date.
C. If a city or town provides regular fire protection to its residents and is unable to provide equal fire protection to annexed or included territory, or if the fire district determines to contract with a city or town, the city or town may contract with a fire district in proximity to the annexed or included territory for the purpose of supplying fire protection until the city or town is able to provide equal fire protection to the annexed or included territory.
D. If any part but not all of the territory of a district is annexed to a city or town or is included within a newly organized city or town, all the assets of the district remain the property of the district. shall be divided proportionately between the district and the annexing city or town, based on the total assessed valuation of the district before the annexation and the total assessed valuation of the district after the annexation. The division shall be effective on the date that the property becomes a part of the city or town as prescribed in subsection A of this section.
E. At least thirty days before a city or town completes the annexation of any part of a district pursuant to title 9, chapter 4, article 7, the city or town shall notify the affected district in writing of the proposed annexation. The city or town and the district may enter into an intergovernmental agreement, pursuant to title 11, chapter 7, article 3, to mitigate any detrimental effects on district services to the remaining population in the district as a result of the annexation.
