A.R.S. tit. 48 ch. 10 — Arizona Revised Statutes Title 48 Chapter 10 — Special Road Districts

48-1401. Validation of existing road districts All entities which have been in existence and have operated as special road districts for six months, as of the effective date of this section, are deemed to be legally and properly formed under the laws and constitution of this state, regardless of any defects in their original formation. 48-1402. Qualifications of voters No person shall vote at any election held in the district unless he is a qualified elector of the district and has resided within the district for not less than thirty days next preceding the election. 48-1404. Election of trustees; vacancies A. An election shall be held in the special road district on the fourth Tuesday in February of each year to elect trustees to fill vacancies caused by expiration of term of office or otherwise. The trustee elected to succeed the trustee whose term has expired shall hold office for three years from the first Saturday in March next succeeding his election. Persons elected to fill a vacancy shall serve during the remainder of the term. B. The election shall be held at such places as the board of trustees shall by resolution determine, after notice thereof posted for ten days next preceding the election in three conspicuous places in each precinct into which the district may be divided for the purposes of election. Candidates for the office of trustee shall file nominating petitions with the board of supervisors as prescribed by title 16, chapter 3. If only one person files or no person files a nominating petition for an election to fill a district office, the board of supervisors may cancel the election for the position and appoint the person who filed the nominating petition to fill the position. If no person files a nominating petition for an election to fill a district office, the board of supervisors may cancel the election for that office and that office is deemed vacant and shall be filled as otherwise provided by law. A person who is appointed pursuant to this section is fully vested with the powers and duties of the office as if elected to that office. C. The returns of election shall be made to the board of supervisors, which shall canvass the returns and issue certificates of election. D. The office of a trustee who removes from the district or who ceases to possess the qualifications of a trustee, as prescribed by this article, shall become vacant. The remaining members of the board of trustees in which a vacancy occurs shall within thirty days by resolution declare the office vacant, appoint a successor to fill the vacancy for the unexpired term and certify the appointment to the board of supervisors, which shall issue a certificate of the appointment. If the members of the board of trustees do not constitute a quorum, the county board of supervisors shall make the appointment to fill the vacancy. 48-1405. Powers and duties of trustees The trustees of the special road district shall: 1. Have charge and control of the establishment, maintenance and repair of roads, driveways and bridges within the district, other than county and state highways, and to that end may, in the name of the district, hold and convey property for the use and benefit of the district. 2. Sue and be sued. 3. Make contracts, employ labor and purchase material for the construction, maintenance and repair of roads, driveways, highways and bridges within the district and keep such highways and bridges within the district free from obstructions. 4. Control the funds of the district, which shall be paid out only on written order containing an itemized statement of the charge for which the order is drawn, and signed by at least two members of the board of trustees. 5. Promulgate standards for building and paving roads, which have the effect of law. 6. Levy and collect civil penalties from persons who build or pave roads that are not in compliance with standards established by the trustees. 48-1406. Special road tax; limitation on amount; election to exceed limits A. For the purpose of construction, maintenance and repair of the roads, driveways, highways and bridges within the special road district, a special road tax shall be levied on all real property and mobile homes within the district. The board of trustees shall on or before July 1 in each year certify to the board of supervisors the amount of money required by the district for the ensuing fiscal year, and thereupon the board of supervisors shall levy a special tax upon all real property and mobile homes within the district sufficient to produce the amount so certified, not exceeding seventy-five cents per one hundred dollars of assessed valuation of the real property and mobile homes in the district, except as otherwise provided in this article. B. The tax shall be levied and collected as county taxes are levied and collected, and when collected shall be kept by the county treasurer in a special fund designated "road district no. ..... fund" to be paid out only on the order of the trustees of the district. C. If it is deemed necessary or advisable by the board of trustees to expend for that purpose a larger amount annually for not exceeding five years than can be raised by the taxes provided by this section, it shall call a special election of qualified electors of the district to determine whether a greater tax levy shall be made annually for that period. D. The election shall be called by the board of trustees by posting notice thereof in three public places in the district at least ten days before the election, stating the time, place and purpose of the election. E. The ballots at the election shall have printed on them "for a tax levy to produce the sum of (here insert amount desired) dollars annually for ++++++ years", "yes" and "no", with the words "yes" and "no" followed by a square in which the voter may express his choice by marking a cross. The election shall be conducted and canvassed as nearly as possible as elections of school district governing board members are conducted. F. If a majority of the votes cast at the election are in favor of an increased tax levy, the board of supervisors shall levy annually for the period of the annual expenditures upon all real property and mobile homes of the district such a tax as will produce the amount voted, which shall be collected as other county taxes are collected and shall be placed to the credit of the road district. 48-1407. Road improvement bonds; call for special election If it is deemed necessary or advisable by the board of trustees of the district to expend in the construction or maintenance of roads, bridges, driveways and highways within the district a larger amount of money than can be raised by the seventy-five cent tax levy per one hundred dollars as specified in this article, the board of trustees may call an election and submit to the qualified electors of the district the question of whether or not bonds of the district shall be issued and sold to raise money to make road improvements within the district. 48-1408. Notice of election A. The election shall be called by posting notices signed by the board in three public places in the district for not less than twenty days before the election. If there is a newspaper published in the county, notice shall also be given by publishing the notice therein for not less than once a week for two successive weeks prior to the election. B. The notice shall contain: 1. The name and place of holding the election. 2. The names of three judges to conduct the election. 3. The hours during the day, not less than six, in which the polls shall be open. 4. The amount and denomination of the bonds and the maximum rate of interest to be borne on the bonds. 5. The terms of the bonds, not exceeding twenty years. 48-1409. Conduct of election A. The election shall be held, except as otherwise provided by this article, in conformity with the general election laws of the state, except that: 1. The election shall be held on the first Tuesday following the first Monday in November as prescribed by section 16-204, subsection B, paragraph 1, subdivision (d). 2. The words to appear on the ballots shall be "bonds, yes. ( ), "bonds, no. ( )". 3. The returns of election shall be made to the board of trustees of the district. B. On the seventh day after the election at 1:00 p.m., the board of trustees shall meet and canvass the returns, and if a majority of the votes cast at the election is in favor of issuing the bonds, then the board of trustees shall make an entry of that fact upon their minutes, and certify to the board of supervisors all proceedings had in the premises. 48-1410. Issuance of bonds A. The board of supervisors shall issue the bonds of the district in the number and amount provided in the proceedings, payable from the road fund of the district, naming the district. The money for redemption of the bonds and payment of interest thereon shall be raised by taxation upon all real property and mobile homes in the district. B. The board of supervisors shall prescribe the form of the bonds and the interest coupons attached thereto, and fix the time, not to exceed twenty years from the date thereof, when the whole or any part of the principal of the bonds shall be payable. The bonds shall bear interest, payable semiannually, at the rate or rates set by the accepted bid which shall not exceed the maximum rate of interest set forth in the resolution calling the election and shall be sold in the manner prescribed by the board of supervisors, but for not less than par. The proceeds of the sale shall be deposited in the county treasury to the credit of the road district, to be withdrawn for the purposes provided by this article as other road district money is drawn. 48-1411. Payment of bonds; tax levy A. The board of supervisors, at the time of making the levy of taxes for county purposes, shall levy a tax for that year upon all real property and mobile homes in the district for the interest and redemption of the bonds for an amount sufficient to pay the interest on the bonds for that year, for the portion of the principal becoming due during that year, and in all events sufficient to raise annually for the first half of the term of the bonds an amount sufficient to pay the interest thereon and, during the balance of the term, sufficient to pay the annual interest and also to pay annually a portion of the principal of the bonds equal to a sum produced by taking the whole amount of the bonds outstanding and dividing it by the number of years the bonds have to run. B. All taxes so levied, when collected, shall be paid into the county treasury to the credit of the bond fund of the district to be used solely for payment of principal and interest on the bonds. The principal and interest on the bonds shall be paid by the county treasurer on the warrant of the board of trustees from funds provided therefor and the board of trustees shall cancel and file with the board of supervisors the bonds when paid. 48-1412. Effect of special road tax upon collection of general county tax within district The levy and collection of the special road taxes within the district shall not exempt the property within the district from the levy and collection of the general county road tax by the board of supervisors, but the board shall appropriate annually to the use of the special road district an amount which in their judgment is equitable and just, not less than forty nor more than sixty-five per cent of the amount of road tax levied and collected within the special road district. 48-1413. Dissolution of district A. When a petition signed by twenty-five electors within a special road district is presented to the board of supervisors of the county in which the special road district is located, requesting the dissolution of the district, the board, within twenty days, shall call an election of the electors within the special road district to vote for or against the dissolution of the district. An election may be called and a special road district may dissolve only if there is another governmental entity which will accept dedication of the roads in that special road district. The petition shall state its purpose clearly and concisely and shall be in the form and signed and verified as generally provided for initiative petitions. B. Notice of the time, place and purpose of the election shall be posted, the election officers shall be appointed, the election shall be conducted, returned and canvassed, and the ballots shall be similar in form, as prescribed by this article for bond elections of a district, except that the date requirements that apply to bond elections do not apply to an election on the dissolution of the district. C. The board of trustees of a special road district by a vote of a majority of the board of trustees, or if a joint special road district, by a vote of a majority of its joint board, also may request the dissolution of the district. D. If a majority of the votes cast at the election favors the dissolution, or if the board of trustees of the district requests it, the board of supervisors shall enter in its records an order declaring the dissolution of the district, and from that time the district ceases to exist, except that all real property and mobile homes in the district remain subject to taxation for all the bonds outstanding at the time of dissolution. 48-1414. Reimbursement for county services Services provided by a county to a special road district are subject to reimbursement pursuant to section 11-251.06. 48-1415. Joint special road districts; trustees; authority; actions; bonds; approval A. Two or more special road districts may by agreement, whether before or after the effective date of this section, act as a joint special road district in exercising all of the powers and authority of a special road district subject to the provisions of this section. B. The board of trustees of the joint special road district may take action by a simple majority of the trustees voting at a meeting. C. A special road district which is a part of a joint special road district may withdraw according to the terms of the joint agreement and operate independently as a special road district, but all real property and mobile homes of the joint district remain subject to taxation for all bonds issued or obligations incurred before the effective date of withdrawal, until they are paid in full, as if the withdrawal had not occurred. D. Except as provided in subsection F of this section, approval of the issuance of joint special road district bonds at an election held pursuant to section 48-1407 requires a majority of the votes cast in each special road district to be in favor of issuance of the bonds. E. The levy of taxes for all joint special road district purposes under this chapter shall be on all real property and mobile homes in the joint special road district, and the proceeds of bonds issued and other monies of the special road district shall be used for the purposes provided by this chapter for the joint special road district as if it were a single district. F. Bonds of a joint special road district may be issued by the board of supervisors, without the requirement of a new election, under any outstanding authorization of unissued bonds from an election held in a special road district included within the joint special road district, if the joint agreement was approved by a two-thirds majority of those voting at elections held in each special road district or joint special road district included in the joint special road district. If approved, the bond authorization for the joint special road district is the total of the outstanding unissued authorizations in each special road district included in the joint special road district. If a district withdraws from the joint district, it shall have allocated to it its pro rata share of any authorization remaining unissued from those authorizations existing in the special road districts before voter approval of the joint agreement. 48-1416. Formation of overlay district; hearing; procedures; election A. On request of the board of trustees of two or more contiguous special road districts, or two or more contiguous special road districts which comprise a joint special road district, the board of supervisors shall set a hearing on the creation of a new special road district overlaying the requesting districts. The proposed overlay district shall have boundaries coextensive with the exterior boundaries of the contiguous districts regardless of their shape or dimension, including any portion within any incorporated city or town. B. Notice of the hearing shall be given by posting in four public places within the proposed district and by publication two times in a newspaper of general circulation in the proposed district. C. Interested parties may file written objections with the clerk of the board of supervisors no later than five days before the date set for the hearing. D. At the hearing, written and oral objections shall be heard and the board of supervisors shall rule on the objections. The hearing may be continued from time to time. If the board determines that the land within the districts will be benefited by the formation of the new district, it shall order an election to be held in the proposed district. The determination of the board is final and conclusive. E. The election shall be called and conducted, notice shall be given and the results shall be canvassed as provided in title 16, except that sections 16-226 and 16-227 do not apply. The election may be held on any date set by the board of supervisors which is not less than thirty days after the date the board of supervisors adopts the order, except that if the election is combined with an election on the sale of bonds as provided by subsection I of this section, the election must be held on the first Tuesday following the first Monday in November as prescribed by section 16-204, subsection B, paragraph 1, subdivision (d). F. If a majority of the qualified electors of the proposed district voting at the election favors formation of an overlay district, the board of supervisors shall order the formation of the overlay district. G. If the formation of the overlay district is ordered the existing districts shall be dissolved and cease to exist, except that all real property and mobile homes within the dissolved districts remain subject to taxation for all the bonds, debts or obligations outstanding at the time of dissolution. All taxes levied and monies collected before dissolution shall be credited to the overlay district except for those levied or collected to pay bonds, debts and obligations of the dissolved districts outstanding at the date of dissolution. The dissolved districts shall transfer to the overlay district all other assets, including all other monies and the roads and rights-of-way, of the dissolved districts, and the overlay district shall assume the combined budget, operations and maintenance of the dissolved districts. H. The initial board of trustees of the overlay district shall be comprised of the trustees of the dissolved districts who shall continue to serve only until their respective existing terms are completed. At the first annual trustee election after formation of the overlay district, only one trustee shall be elected at large from the overlay district for a three year term to replace all former trustees whose terms are expiring. At each of the second and third annual trustee elections after formation, two trustees shall be elected at large for three year terms to replace all former trustees whose terms are expiring. Thereafter the district board shall consist of five trustees, elected at large, serving staggered three year terms. I. If requested by the boards of trustees of the districts requesting the overlay district, the board of supervisors shall call, conduct and canvass, on behalf of the overlay district, an election on the sale of bonds by the overlay district to be held in conjunction with the election on formation and as provided in subsection E of this section. J. The formation of the overlay district and dissolution of the previous districts become effective on a date set by the board of supervisors which is no earlier than thirty days after the canvass of the formation election. K. A special road district formed pursuant to this section is subject to this article as a special road district. 48-1417. Bonds; submittal to attorney general If requested by the board of trustees of a special road district, a joint special road district or a merged special road district, the board of supervisors shall submit to the attorney general any bond to be offered after the board of supervisors has taken all actions for the authorization of the bond pursuant to section 48-1410. The attorney general shall examine and pass on the validity of any bond submitted and the regularity of all proceedings in connection with the bond. If the proceedings conform to this chapter and the bond is a binding and legal obligation, after it is delivered and paid for, of the special road district, the joint special road district or the merged special road district, the attorney general shall certify on the bond, or any certificate used to indicate ownership, that the bond is issued in accordance with the constitution and laws of this state.