A.R.S. tit. 9 ch. 4 — Arizona Revised Statutes Title 9 Chapter 4 — General Powers

9-401. Acquisition of land by city; extent and notice of city jurisdiction A. A city or town may purchase, lease or rent land, whether contiguous or noncontiguous, lying outside its corporate limits, for its purposes and uses, and any violation of an ordinance of the city or town occurring within the territorial limits of the land may be punished by the city or town having control thereof to the same extent and with like effect as if the violation occurred within the corporate limits. B. At any point at which a public road enters land purchased, leased or rented as provided by subsection A, the city or town having control thereof shall erect and maintain a sign, not less than eighteen inches by three feet in size, containing a warning notice in bold letters that the area being entered is subject to the jurisdiction of the city or town. 9-402. Sale and disposition of property; advertising for bids; publication; donation; easements A. A city or town may sell and convey all or any part of its real or personal property, whether or not the property is devoted exclusively to public use. B. The sale shall not be made until an invitation for bids for the purchase of the property has been published as provided by section 39-204 and notice has been posted in three or more public places within the city or town. C. If no newspaper is published within the city or town, then the invitation for bids shall be published as provided by section 39-204, and by posting notices for bidders in three or more public places within the city or town. D. A city or town may donate lost and found or unclaimed personal property in its custody for at least ninety days to nonprofit charitable organizations. E. Notwithstanding subsections A and B of this section, a city or town may convey to the appropriate property owner without receiving payment an easement that the city or town no longer needs. 9-403. Sale of real property; public hearing; resolution; posting of terms of sale; special election; sale at auction A. Real property of a city or town, the value of which is more than $1,500,000 but less than $15,000,000, may not be sold unless the governing body of the city or town does both of the following: 1. Holds at least one public hearing to take public comment on the proposed sale after publishing the invitation for bids as prescribed in section 9-402 at least thirty days before the scheduled approval of the purchase agreement. Notice of the hearing shall be provided at least ten days before the hearing and shall include both of the following: (a) A description of the property proposed for sale and the reasons for the proposed sale. (b) Information on how to submit to the governing body written and verbal comments on the proposed sale. 2. By a vote of the members of the governing body, adopts a resolution approving the sale of the property. B. If a city or town sells real property pursuant to subsection A of this section, the terms of the sale shall be posted on the city's or town's website on completion of the sale. C. Real property of a city or town, the value of which is $15,000,000 or more, shall not be sold unless first authorized by a special election called for the purpose of submitting to the voters of the city or town the question of selling or not selling the real property proposed for sale. The election shall be held within the corporate limits of the city or town on a date prescribed by section 16-204, and notice shall be given as provided in section 9-402. D. The ballots shall contain a description of the property proposed for sale and the reason the governing body desires the property sold. The description and reasons shall be printed in eight-point type and shall contain not more than one hundred words. E. If a majority of the ballots cast is in favor of selling, the governing body may sell the property at public auction, after giving the notice required in section 9-402, to the highest bidder for cash, reserving the right to reject any and all bids. F. Real property sold pursuant to this section shall be sold at not less than the appraised value of the property. 9-404. Payment of outstanding taxes, penalties and interest on acquiring property A. If a city or town acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the city or town 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 city or town: 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. 9-405. Sale, lease or exchange of surplus property to federal government A. Notwithstanding the provisions of section 9-402, 9-403 or 9-241, the governing body of a city or town may sell, lease or otherwise grant to the United States for governmental purposes any real property owned by it and surplus to its needs. The determination of the governing body that such property is surplus shall be final, and the property may be sold to the United States for such consideration as may be agreed upon between the governing body and officials of the federal government, including the exchange of land for land under the land exchange acts of the United States. B. Not less than ten days prior to the actual sale, lease or other disposition of such property, the governing body of the city or town shall cause to be published in a newspaper of general circulation within the county, or, if there is no such newspaper, then by posting in three public places within the county, a notice of the intent to dispose of the property, together with a description of the property and the terms and conditions of the proposed sale, lease or other disposition thereof. C. The sale shall be conducted without formalities, advertisement for bids or consideration of bids by other persons, but where the value of real estate proposed to be disposed of exceeds the amount of fifty thousand dollars, such sale, lease or exchange shall not be made unless first authorized by the voters of such city or town at a special election to be called and held in accordance with the provisions of section 9-403. D. Nothing in this section shall be deemed to affect the provisions of sections 28-8411 and 28-8414. 9-406. Sale, lease or conveyance of land by city or town incorporated pursuant to congressional enabling legislation A city or town which has incorporated under the laws of the state of Arizona pursuant to enabling legislation of the Congress of the United States and which upon incorporation acquires ownership of land in excess of one section from the United States may provide by ordinance for the manner of disposition, sale, lease or conveyance of land owned by such city or town. 9-407. Exchange and sale of real property; notice of intent A. Any incorporated city or town may by ordinance authorize an exchange of a parcel of real property owned by that city or town for any other parcel of real property if the parcels of real property are of substantially equal value and the exchange meets the terms and conditions prescribed in the ordinance. B. Any incorporated city or town may sell a parcel of real property to another political subdivision without following the procedures prescribed in sections 9-402 and 9-403. C. A notice of intent to exchange or sell any property pursuant to this section shall be published pursuant to section 39-204 before the exchange or sale. 9-408. Home equity conversion program; authorization; use of proceeds A. A city or town, by ordinance, may offer a home equity conversion program for persons sixty years of age or older. B. A city or town shall use any monies obtained from a home equity conversion program, after payment of all costs and expenses, on programs for senior citizens. 9-409. Condemnation actions; interest Interest on a judgment in a condemnation proceeding instituted by the city or town, including interest that is payable pursuant to section 12-1123, subsection B, shall be calculated for each month or portion of a month that interest is owed and shall be either: 1. The prime rate charged by banks on short-term business loans as determined for publication in the bulletin of the board of governors of the federal reserve system, as of the first day of that month. 2. In the absence of a determination by the board of governors of the federal reserve system, calculated in the same manner based on comparable data as determined by the United States department of commerce, bureau of economic analysis, for publication in "survey of current business". 3. If the prime rate cannot be determined from publication as provided in paragraph 2, determined by a federal agency that is annually designated by the governing body of the city or town and that makes and publishes data sufficient to determine the prime rate of interest. 9-411. Tax levy for library purposes A city or town may levy annually, in addition to all other taxes, a tax not to exceed one and one-half mills on the assessed value of all property in the city or town, exclusive of the valuation of property exempt from taxation, for the purpose of establishing and maintaining therein free public libraries and reading rooms, for purchasing books, journals and other publications, and erecting and maintaining such buildings as may be necessary therefor. 9-412. Receipt of gifts for library Cities or towns may receive, hold or dispose of gifts made to them for library purposes and may apply them in a manner which will best promote the uses of the library, subject to the terms of the gift. 9-413. Library fund All money received for library purposes, whether by taxation or otherwise, shall belong to and be designated as the library fund, shall be paid into the city or town treasury, kept separate and apart from other funds, and shall be drawn therefrom as provided in this article, but only for purposes therein authorized. 9-414. Trustees; terms; compensation A. The governing body of a city or town may appoint residents of the city or town as trustees of its library. B. In cities or towns of less than three thousand inhabitants there may be six trustees, and in other cities or towns there may be nine trustees. Trustees shall hold office for three years from July 1 in the year of their appointment, unless sooner removed for good cause. C. Upon the first appointment of trustees in a city or town, they shall, at their first meeting, divide themselves by lot into three classes, one third to serve for one year, one third to serve for two years, and one third to serve for three years. D. The office shall be honorary and without compensation. 9-415. Trustees; organization; appointment of librarian A. The trustees shall have charge of the library and all library property. They shall meet for business purposes each month, and at such other times as they shall appoint, at a place to be provided for the purpose. They may elect from their body a president and secretary, and may adopt an official seal. The secretary shall keep a full statement and account of all property, receipts and expenditures, and a record of the proceedings of the board. B. The trustees may appoint a librarian. 9-416. Powers of trustees The trustees, by a majority vote of their members recorded in the minutes with the ayes and nays at length, may: 1. Make and enforce all rules, regulations and by-laws necessary for the administration and government of the library and all library property. 2. Exercise and administer any trust declared or created for the library or reading room. 3. Define the powers and prescribe the duties of officers and elect and remove at will officers and assistants. 4. Purchase necessary books, journals, publications and other personal property. 5. Order the drawing and payment, upon properly authenticated vouchers, certified by the president and secretary, of money out of the library fund for any liability authorized. 6. Fix the salary of the librarian. 7. By and with the consent and approval of the governing body of the city or town, purchase real property and erect and equip buildings as may be necessary for the library and reading rooms. 9-417. Audit and payment of claims The warrant of the trustees, when made and authenticated as provided in section 9-416, shall be verified and audited by the auditing officer, and paid by the treasurer of the city or town from the library fund. 9-418. Annual reports by trustees A. The trustees, on or before the first Monday of July of each year, shall make a report to the governing body of the city or town containing: 1. A full statement of all property and money received, where derived and how used and expended. 2. The number of books, journals and other publications on hand, the number added by gift, purchase or otherwise during the year, the number lost or missing and the number and kind of those loaned. 3. Such other statistics, information and suggestions as may be of general interest. B. A financial report, showing all receipts and disbursements of money, shall be made by the secretary of the board of trustees, verified by oath. 9-419. Regulation of library use; use of land for library A. A city or town in which a public library is established may pass ordinances for the protection of the library and library property, and imposing penalties for punishment of persons committing injury to the library or its property or books, or for failure to return a book or other library property. B. The city or town may grant, donate or authorize the use of land belonging to the city or town, or dedicated to public use therein, for the purpose of erecting and maintaining a building to be used only for a public library and reading room. 9-420. Contracts between city or town and the Arizona state library; expenditure of public monies The governing body of a city or town having a free library, or a library established under this article, may enter into a contract with the Arizona state library, archives and public records to provide supervision by the state library of expenditures of all monies involved in financing a library service or construction project when any portion of the monies is allocated by the federal government. 9-431. Finding of statewide concern; preemption of city charter The ownership by cities and towns of tracts of land in counties other than the county in which the city or town is located from which water is or may be withdrawn or diverted and transported that causes the removal of the municipal property from the tax roll of the county in which the lands are located thereby reducing the taxing and bonding capacity of the county and other political subdivisions in which the property is located is an issue of statewide concern that requires regulation by this state, notwithstanding any provisions of a city charter. 9-432. Remote municipal property as water source; payments in lieu of property taxes required to transport water A. In exercising the powers granted by this title or by charter, a city, town or successor political subdivision, acting through its governing body, may make voluntary contributions of money to this state in lieu of taxes otherwise levied by taxing jurisdictions on any of the city's, town's or political subdivision's remote municipal property, as defined in section 42-15251. B. Water may not be transported by a city, town or political subdivision from the remote municipal property unless voluntary contributions under this article are current and have been paid, together with any applicable penalties and interest, in the amount determined under section 42-15253, beginning with the year in which the property was purchased or January 1, 1992, whichever is later. C. The city or town may alienate all or part of its interest in the remote municipal property at any time, and if it does so, the city or town shall terminate its payments under this article with respect to the alienated property. If the city or town conveys all or part of its interest in the remote municipal property to another political subdivision, the political subdivision shall continue the payments under this article with respect to the transferred property. 9-433. Voluntary contributions; payment; interest on delinquent payments A. On or before April 1 of each year each city, town or successor political subdivision that elects to make voluntary contributions under section 9-432 shall notify the county assessor of the county in which the property is located of its election to make a contribution under this article. B. The city, town or political subdivision shall pay to the county treasurer of the county in which the property is located one-half of the amount determined pursuant to section 42-15253 not later than the first Monday in November and the other one-half not later than the first Monday in May of the next year. The city or town shall make these payments solely from the revenues of any utility undertaking as defined in section 9-521. The payments shall be treated as an expense of operation and maintenance of the utility undertaking. If the city or town has no utility undertaking or discontinues ownership of its utility undertaking after purchase of the land, the payments shall be made solely from proceeds of excise taxes collected by the city or town or levied and collected by this state and distributed to the city or town. C. Payments that are not paid when due under this section bear simple interest at the rate of sixteen per cent per year. 9-441. Definitions In this article, unless the context otherwise requires: 1. "Housing" means any structure suitable for residence by an individual or family. 2. "Housing development area" means an area within a municipality that is declared by the local governing body to be in serious need of housing and that is declared to be in need of the expenditure of public monies to assist the development of housing in the area. 3. "Housing development project" means any undertaking related to real property, structures or improvements in a housing development area, for the purpose of establishing housing and other facilities necessary or incidental to the housing and primarily for the use of those residing in the housing. 4. "Local governing body" means the council or legislative body charged with governing the municipality. 5. "Municipality" means an incorporated city or town. 6. "Obligee" includes any bondholder, any agents or trustees for any bondholders or any lessor demising to the municipality property used in connection with a housing development project, or any assignee or assignees of such lessor's interest or any part of the lessor's interest, and the federal government when it is a party to any contract with the municipality. 9-441.01. Public purpose; declaration of housing development area by local governing body A. It is a valid public purpose of municipalities to assist in providing for the acquisition, construction or rehabilitation of housing and other facilities necessary or incidental to the housing and primarily for the use of those residing in the housing, in areas that are declared by the municipality to be housing development areas, and public monies may be spent for these purposes in these areas. B. Before exercising any of the powers conferred on municipalities by this article, the local governing body shall adopt a resolution finding that a shortage of housing exists in a certain area of the municipality, that the area is declared to be a housing development area and that assisting in the development of housing in the area is in the interests of the public health, safety, morals or welfare of the residents of the municipality. The resolution shall also establish the boundaries of the housing development area, provided that the local governing body may not approve a housing development plan if doing so would result in more than twenty per cent of the geographical area of the municipality being included in housing development areas. 9-441.02. Powers of municipalities A. A municipality has the authority to carry out the provisions of this article, including the following: 1. Enter into contracts or leases with developers of housing development projects containing covenants, restrictions and conditions regarding the use of the property for residential purposes. 2. Finance or refinance, by loan, grant, lease or otherwise contract with private developers to, construct, purchase, acquire, own, modify, maintain, improve, sell, operate, develop or manage housing development projects, and pay the costs of any housing development project from the proceeds of bonds or other obligations of the municipality or any other monies of the municipality, or from any contributions or loans by persons, corporations, partnerships or other entities, all of which the municipality is authorized to receive, accept and use. 3. Encourage and promote the improvement and revitalization of a housing development area and make, contract for or otherwise cause to be made long-range proposals for the housing development area. 4. Enter into contracts necessary to effectuate the purposes of this article. 5. Do all things necessary or convenient to carry out the powers conferred by this article, except acquire real property by eminent domain for the purpose of this article unless a property owner voluntarily offers the property owner's real property for sale. B. This section does not affect the authority of local governing bodies to acquire property by eminent domain in slum or blighted areas established under title 36. 9-441.03. Issuance of bonds A. A municipality may issue bonds to finance any housing development project under this article, including the payment of principal and interest on any advances for surveys and plans for housing development projects, and may also issue refunding bonds for the payment or retirement of such bonds previously issued by it. The bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues and monies of the municipality derived from or held in connection with its undertaking and carrying out of housing development projects under this article, whether or not they are financed in whole or in part with the proceeds of such bonds, but payment of the bonds, both as to principal and interest, may be further or exclusively secured by a pledge or any loan, grant or contribution from the federal government or any other source, whether public or private, in aid of any housing development areas of the municipality established pursuant to this article and by a mortgage of any such housing development areas. B. The bonds and other obligations of the municipality issued pursuant to subsection A are not a general obligation or general debt of the municipality, this state or any of its political subdivisions, and neither the municipality, this state nor any of its political subdivisions are generally liable for the bonds or obligations. The bonds or obligations shall not give rise to a general obligation or liability of the municipality, this state or any of its political subdivisions, or a charge against their general credit or taxing powers, and shall not be payable from any monies or properties other than those monies or properties specifically described in subsection A, and the bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Bonds issued under this article are declared to be issued for an essential public and governmental purpose and, together with interest and income, are exempt from all taxes. C. Bonds issued under this section shall be authorized by a resolution of the local governing body, may be issued in one or more series and shall bear a date or dates, be payable on demand or mature at a time or times, bear interest at a rate or rates that may be fixed or variable, be in a denomination or denominations, be in a form, carry conversion or registration privileges, have rank or priority, be executed in a manner, be payable in a medium of payment, at a place or places, and be subject to terms of redemption, with or without premium, as provided by the resolution, trust indenture or mortgage issued for the bonds. D. The bonds or any bonds issued to refund the bonds may be sold at public or private sale or by an on-line bidding process at a price or prices determined by the local governing body or may be exchanged for other bonds. If bonds are sold at public sale, notice shall be published once at least ten days before the sale in a newspaper of general circulation in the area of operation or in another medium of publication as the municipality determines. If bonds are sold through an on-line bidding process, bids for the bonds that are entered into the system may be concealed until a specified time or disclosed in the on-line bidding process, may be subject to improvement in favor of the municipality before a specified time and may be for an entire issue of bonds or specified maturities according to the manner, terms and notice provisions ordered by the governing body. For purposes of this subsection, "on-line bidding process" means a procurement process in which the governing body receives bids electronically over the internet in a real-time, competitive bidding event. E. If any other public officials of the municipality whose signatures appear on any bonds issued under this article cease to be officials before delivery of the bonds, their signatures are valid and sufficient for all purposes the same as if the officials had remained in office until delivery. Bonds issued pursuant to this article are fully negotiable. F. In any action or proceedings involving the validity or enforceability of any bond issued under this article or the security for the bond, the recitation in substance in the bond that it has been issued by the municipality in connection with a housing development area is conclusive proof that the bond was issued for that purpose, and that area is conclusively deemed to have been planned, located and carried out in accordance with the purposes and provisions of this article. G. Neither the members of the local governing body nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. 9-441.04. Additional security for bonds A. In connection with the issuance of bonds pursuant to section 9-441.03, or the incurring of obligations under leases, and in order to secure the payment of these bonds or obligations, a municipality, in addition to its other powers, may: 1. Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which shall consent to and the manner in which the consent may be given. 2. Vest in any obligees the right to enforce the payment of the bonds or any covenants securing or relating to the bonds. 3. Vest in any obligee holding a specified amount of such bonds the right, in the event of a default, to take possession of and use, operate and manage any housing development area or any part of the area, title to which is in the municipality, or any monies connected with the development, to collect the rents and revenues arising from the development and to dispose of the monies in accordance with the agreement of the municipality with such obligees. 4. Provide for the powers and duties of the obligees and limit the liabilities of the obligees. 5. Provide the terms and conditions on which the obligees may enforce any covenant or rights securing or relating to the bonds. 6. Exercise all or any part or combination of the powers granted by this subsection. 7. Make covenants and do any and all acts and things necessary, convenient or desirable to secure its bonds, or, in the discretion of the municipality, as will tend to make the bonds more marketable even if the covenants, acts or things are not enumerated in this section. B. A municipality, by its resolution, trust indenture, mortgage, lease or other contract, may confer on any obligee holding or representing a specified amount in bonds issued pursuant to section 9-441.03 the right, in addition to all rights that may otherwise be conferred, on the happening of an event of default as defined in such resolution or instrument, by an action or proceeding in any court of competent jurisdiction, both of the following: 1. To require the municipality and its officials, agents and employees to account as if it and they were the trustees of an express trust. 2. To obtain the appointment of a receiver of any housing development area of the municipality or any part of the area, title to which is in the municipality, and of the rents and profits from the development. C. If a receiver is appointed, the receiver may enter and take possession of, carry out, operate and maintain the housing development area or any part of the area and collect and receive all fees, rents, revenues or other charges and shall keep monies in a separate account and apply them in accordance with the obligations of the municipality as the court directs. 9-441.05. Construction of bond provisions This article without reference to other statutes, constitutes full authority for the authorization and issuance of bonds under section 9-441.03. Except as provided in section 9-441.07, bonds authorized under this article are not subject to the provisions of any other state law or charter relating to the issuance or sale of bonds. 9-441.06. Certification of bonds by attorney general A. Any bonds to be issued under section 9-441.03 may be submitted to the attorney general after all proceedings for issuance of the bonds have been taken. On submission of the proceedings to the attorney general, the attorney general shall examine into and pass upon the validity of the bonds and the regularity of all proceedings in connection with the bonds. B. If the proceedings conform to this article and are otherwise regular in form, and if the bonds when delivered and paid for will constitute binding and legal obligations enforceable according to their terms, the attorney general shall certify in substance on the back of each of the bonds that it is issued in accordance with the constitution and laws of this state. 9-441.07. Use of municipal revenue powers to provide monies for project Every municipality may use its monies for the purposes of aiding in the planning, undertaking or carrying out of a housing development project in its area of operations. To obtain monies for this purpose, every municipality, in addition to other powers set forth in this article, may levy taxes, incur indebtedness and issue bonds in amounts the local governing body determines by resolution are necessary for the purpose of raising monies for use in connection with a housing development project. Any bonds to be issued by the municipality pursuant to this section shall be issued in the manner and within the limitations prescribed by the laws of this state for the issuance and authorization of bonds for public purposes generally. 9-451. Procedure for vacating cemeteries A. When a cemetery or ground used as a cemetery within the corporate limits of a city or town has been abandoned and ceases to be used for such purposes, or when in the judgment of the governing body of the city or town, the cemetery or ground so used is unfit or unsuited for cemetery purposes, or becomes obnoxious, or can be used for other public purposes to better advantage, the governing body may by resolution direct that the cemetery or ground used as a cemetery be vacated. B. Upon the passage of an ordinance or resolution vacating a cemetery, public notice thereof shall be published in the official newspaper of the city or town for at least four consecutive weeks. C. If, within six months from the date of the first publication of notice, the remains of any person buried within the cemetery are claimed by a relative of the person for reburial, the remains shall be delivered to the relative. D. At the expiration of the six months period, the remains of persons buried in the cemetery which can be identified or which have monuments or gravestones at the respective graves and which have not been claimed by relatives shall be removed to some other cemetery or suitable place, and all monuments and gravestones shall also be removed, replaced and reset at the respective graves as before removal. In addition, each grave shall be numbered in numerical order, the numbers to be carved on a suitable slab of stone or hardwood and placed at the foot of the grave, and a list of the names of those buried and the number of the grave in which the remains rest shall be recorded in the office of the city or town clerk, the expense thereof to be paid by the city or town. E. At the expiration of six months after notice, the governing body may order that the remains of persons which have not been claimed and cannot be identified and have no monuments or gravestones at the graves, be removed and buried as set forth in this section, or be removed and cremated, or left in the vacated cemetery and the surface of the ground leveled. F. When a cemetery which is the property of a municipal corporation is vacated or partially vacated, the cemetery shall be used as a public park. G. A map or plat shall be recorded in the office of the city or town clerk showing the exact location in the cemetery of the remains of persons remaining in the cemetery. A monument shall be erected in some suitable location bearing the names, if possible, of the persons whose remains are allowed to remain in the cemetery. 9-452. Conveyance of title to vacated cemetery When the title to the cemetery or ground vacated is vested in the townsite trustee, or in a trustee for cemetery purposes, it shall be conveyed to the city or town, and used for such public purposes as the common council may direct. 9-453. Cemetery maintenance fund A. The governing body of a city or town having and maintaining a cemetery may establish a maintenance fund to provide for the maintenance and care of such cemetery. Such maintenance fund shall consist of all amounts received by the city or town in the form of bequests, donations, grants or gifts of all kinds or property, in fee simple or otherwise, for the purpose of cemetery maintenance, and cities and towns are empowered to accept such bequests, donations, grants and gifts to become part of such maintenance funds. In addition, there may be paid into such fund each year such amounts as the governing body may determine. B. All amounts paid into or that become a part of a cemetery maintenance fund may be invested or reinvested by the governing body in the manner provided in section 38-848 for the investment of funds of the public safety personnel retirement system, and the duties, limitations, and obligations of the governing body with respect to such maintenance fund shall, so far as practical, be the same as the duties, limitations and obligations of the board of trustees with respect to the funds of the public safety personnel retirement system. 9-461. Definitions In this article, unless the context otherwise requires: 1. "Aggregate" means cinder, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand. 2. "General plan" means a municipal statement of land development policies, that may include maps, charts, graphs and text that set forth objectives, principles and standards for local growth and redevelopment enacted under the provisions of this article or any prior statute. 3. "Municipal" or "municipality" means an incorporated city or town. 4. "Planning agency" means the official body designated by local ordinance to carry out the purposes of this article and may be a planning department, a planning commission, a hearing officer, the legislative body itself, or any combination thereof. 5. "Right-of-way" means any public right-of-way and includes any area required for public use pursuant to any general or specific plan. 6. "Specific plan" means a detailed element of the general plan enacted under the provisions of this article or a prior statute. 7. "Street" means streets, highways, freeways, expressways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public access easements and rights-of-way. 8. "Subdivision regulations" means a municipal ordinance regulating the design and improvement of subdivisions enacted under the provisions of article 6.2 of this chapter, or any prior statute, regulating the design and improvement of subdivisions. 9. "Zoning ordinance" means a municipal ordinance regulating the use of land or structures, or both, under the provisions of this article. 9-461.01. Planning agency; powers and duties A. The legislative body of a municipality may by ordinance establish a planning agency. B. The planning agency shall: 1. Develop and maintain a general plan. 2. Develop such specific plans as may be necessary to implement the general plan. 3. Periodically review the capital improvement program of the municipality. 4. Perform such other planning functions as the legislative body may provide. C. Each planning agency has the powers necessary to enable it to fulfill its planning functions as provided in this article. It may: 1. Contract for, receive and utilize any grants or other financial assistance made available by a municipality, a county, the state or the federal government. 2. Contract with the state or federal government and any of its agencies, or the legislative body of any municipality or county. 9-461.02. Planning commission; creation; limitations If a municipal planning commission is created, the organization, number of members, the terms of office and the method of appointment and removal shall be as provided by local ordinance, except that each municipal planning commission shall have at least five members. 9-461.03. Planning department A. The legislative body of any municipality may establish a planning department. The officers and employees that the legislative body deems necessary for the department shall be appointed by the appointing authority of the municipality. B. The appointing authority of each municipality may appoint a director of planning. C. The legislative body of any municipality may employ or contract with consultants for such services as it requires. 9-461.04. Financing The municipal legislative body shall provide the funds, equipment and accommodations necessary for the work of the planning agency of the municipality. 9-461.05. General plans; authority; scope A. Each planning agency shall prepare and the governing body of each municipality shall adopt a comprehensive, long-range general plan for the development of the municipality. The planning agency shall coordinate the production of its general plan with the creation of the state land department conceptual land use plans under title 37, chapter 2, article 5.1 and shall cooperate with the state land department regarding integrating the conceptual state land use plans into the municipality's general land use plan. The general plan shall include provisions that identify changes or modifications to the plan that constitute amendments and major amendments. The plan shall be adopted and readopted in the manner prescribed by section 9-461.06. B. The general plan shall be so prepared that all or individual elements of the plan may be adopted by the governing body and that the plan may be made applicable to all or part of the territory of the municipality. C. The general plan shall consist of a statement of community goals and development policies. The plan shall include maps, any necessary diagrams and text setting forth objectives, principles, standards and plan proposals. The plan shall include the following elements: 1. A land use element that: (a) Designates the proposed general distribution and location and extent of such uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land as may be appropriate to the municipality. (b) Includes a statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan. (c) Identifies specific programs and policies that the municipality may use to promote infill or compact form development activity and locations where those development patterns should be encouraged. (d) Includes consideration of air quality and access to incident solar energy for all general categories of land use. (e) Includes policies that address maintaining a broad variety of land uses, including the range of uses existing in the municipality when the plan is adopted, readopted or amended. (f) For cities and towns with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, includes consideration of military airport or ancillary military facility operations. If a city or town includes land in a high noise or accident potential zone as defined in section 28-8461, the city or town shall identify the boundaries of the high noise or accident potential zone in its general plan for purposes of planning land uses in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility pursuant to section 28-8481, subsection J. (g) Includes sources of aggregates from maps that are available from state agencies, information from the Arizona geological survey on how to locate existing mines, consideration of existing mining operations and suitable geologic resources, policies to preserve currently identified aggregates sufficient for future development and policies to avoid incompatible land uses, except that this subdivision does not affect any permitted underground storage facility or limit any person's right to obtain a permit for an underground storage facility pursuant to title 45, chapter 3.1. (h) For a city or town that contains any portion of an influence area of a military installation or range or Arizona national guard site, include consideration of the military installation's or range's or Arizona national guard site's operations. The city or town shall identify the boundaries of the influence area in the general plan for the purposes of planning land uses in the influence area that are compatible with the operation of the military installation or range or Arizona national guard site. For the purposes of this subdivision, "influence area" and "military installation or range or Arizona national guard site" have the same meanings prescribed in section 9-500.50. 2. A circulation element consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use element of the plan. D. For cities and towns with a population of more than two thousand five hundred persons but less than ten thousand persons and whose population growth rate exceeded an average of two percent per year for the ten-year period before the most recent United States decennial census and for cities and towns with a population of ten thousand or more persons according to the most recent United States decennial census, the general plan shall include, and for other cities and towns the general plan may include: 1. An open space element that includes: (a) A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources. (b) An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources. (c) Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plans. 2. A growth area element, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. This element shall include policies and implementation strategies that are designed to: (a) Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development. (b) Conserve significant natural resources and open space areas in the growth area and coordinate their location to similar areas outside the growth area's boundaries. (c) Promote the public and private construction of timely and financially sound infrastructure expansion through the use of infrastructure funding and financing planning that is coordinated with development activity. 3. An environmental planning element that contains analyses, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the general plan. The policies and strategies to be developed under this element shall be designed to have community-wide applicability and shall not require the production of an additional environmental impact statement or similar analysis beyond the requirements of state and federal law. 4. A cost of development element that identifies policies and strategies that the municipality will use to require development to pay its fair share toward the cost of additional public service needs generated by new development, with appropriate exceptions when in the public interest. This element shall include: (a) A component that identifies various mechanisms that are allowed by law and that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in lieu fees, facility construction, dedications and service privatization. (b) A component that identifies policies to ensure that any mechanisms that are adopted by the municipality under this element result in a beneficial use to the development, bear a reasonable relationship to the burden imposed on the municipality to provide additional necessary public services to the development and otherwise are imposed according to law. 5. A water resources element that addresses: (a) The known legally and physically available surface water, groundwater and effluent supplies. (b) The demand for water that will result from future growth projected in the general plan, added to existing uses. (c) An analysis of how the demand for water that will result from future growth projected in the general plan will be served by the water supplies identified in subdivision (a) of this paragraph or a plan to obtain additional necessary water supplies. E. The general plan shall include for cities with a population of fifty thousand persons or more and may include for cities with a population of less than fifty thousand persons the following elements or any part or phase of the following elements: 1. A conservation element for the conservation, development and utilization of natural resources, including forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation element may also cover: (a) The reclamation of land. (b) Flood control. (c) Prevention and control of the pollution of streams and other waters. (d) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan. (e) Prevention, control and correction of the erosion of soils, beaches and shores. (f) Protection of watersheds. 2. A recreation element showing a comprehensive system of areas and public sites for recreation, including the following and, if practicable, their locations and proposed development: (a) Natural reservations. (b) Parks. (c) Parkways and scenic drives. (d) Beaches. (e) Playgrounds and playfields. (f) Open space. (g) Bicycle routes. (h) Other recreation areas. 3. The circulation element provided for in subsection C, paragraph 2 of this section shall also include for cities with a population of fifty thousand persons or more and may include for cities with a population of less than fifty thousand persons recommendations concerning parking facilities, building setback requirements and the delineations of such systems on the land, a system of street naming and house and building numbering and other matters as may be related to the improvement of circulation of traffic. The circulation element may also include: (a) A transportation element showing a comprehensive transportation system, including locations of rights-of-way, terminals, viaducts and grade separations. This element of the plan may also include port, harbor, aviation and related facilities. (b) A transit element showing a proposed system of rail or transit lines or other mode of transportation as may be appropriate. 4. A public services and facilities element showing general plans for police, fire, emergency services, sewage, refuse disposal, drainage, local utilities, rights-of-way, easements and facilities for them. 5. A public buildings element showing locations of civic and community centers, public schools, libraries, police and fire stations and other public buildings. 6. A housing element consisting of standards and programs for the elimination of substandard dwelling conditions, for the improvement of housing quality, variety and affordability and for provision of adequate sites for housing. This element shall contain an identification and analysis of existing and forecasted housing needs. This element shall be designed to make equal provision for the housing needs of all segments of the community regardless of race, color, creed or economic level. 7. A conservation, rehabilitation and redevelopment element consisting of plans and programs for: (a) The elimination of slums and blighted areas. (b) Community redevelopment, including housing sites, business and industrial sites and public building sites. (c) Other purposes authorized by law. 8. A safety element for the protection of the community from natural and artificial hazards, including features necessary for such protection as evacuation routes, peak load water supply requirements, minimum road widths according to function, clearances around structures and geologic hazard mapping in areas of known geologic hazards. 9. A bicycling element consisting of proposed bicycle facilities such as bicycle routes, bicycle parking areas and designated bicycle street crossing areas. 10. An energy element that includes: (a) A component that identifies policies that encourage and provide incentives for efficient use of energy. (b) An assessment that identifies policies and practices that provide for greater uses of renewable energy sources. 11. A neighborhood preservation and revitalization element, including: (a) A component that identifies city programs that promote home ownership, that provide assistance for improving the appearance of neighborhoods and that promote maintenance of both commercial and residential buildings in neighborhoods. (b) A component that identifies city programs that provide for the safety and security of neighborhoods. F. The water resources element of the general plan does not require: 1. New independent hydrogeologic studies. 2. The city or town to be a water service provider. G. The land use element of a general plan of a city with a population of more than one million persons shall include protections from encroaching development for any shooting range that is owned by this state and that is located within or adjacent to the exterior municipal boundaries. The general plan shall establish land use categories within at least one-half mile from the exterior boundaries of the shooting range that are consistent with the continued existence of the shooting range and that exclude incompatible uses such as residences, schools, hotels, motels, hospitals or churches except that land zoned to permit these incompatible uses on August 25, 2004 are exempt from this exclusion. For the purposes of this subsection, "shooting range" means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Shooting range does not include: 1. Any area for the exclusive use of archery or air guns. 2. An enclosed indoor facility that is designed to offer a totally controlled shooting environment and that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use. 3. A national guard facility located in a city or town with a population of more than one million persons. 4. A facility that was not owned by this state before January 1, 2002. H. The policies and strategies to be developed under these elements shall be designed to have community-wide applicability. This section does not authorize the imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law. 9-461.06. Adoption and amendment of general plan; expiration and readoption A. In municipalities that have territory in a high noise or accident potential zone as defined in section 28-8461, the legislature finds that in general plans and amendments to general plans land use compatibility with the continued operation of a military airport or ancillary military facility as defined in section 28-8461 is a matter of statewide concern. B. The general plan and any amendment to such plan shall be adopted or readopted in the manner provided in this article. C. The governing body shall: 1. Adopt written procedures to provide effective, early and continuous public participation in the development and major amendment of general plans from all geographic, ethnic and economic areas of the municipality. The procedures shall provide for: (a) The broad dissemination of proposals and alternatives. (b) The opportunity for written comments. (c) Public hearings after effective notice. (d) Open discussions, communications programs and information services. (e) Consideration of public comments. 2. Consult with, advise and provide an opportunity for official comment by public officials and agencies, the county, school districts, associations of governments, public land management agencies, the military airport if the municipality has territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, a military installation range or Arizona national guard site as defined in section 9-500.50, if applicable other appropriate government jurisdictions, public utility companies, civic, educational, professional and other organizations, property owners and citizens generally to secure maximum coordination of plans and to indicate properly located sites for all public purposes on the general plan. D. At least sixty days before the general plan or an element or major amendment of a general plan is noticed pursuant to subsection E of this section, the planning agency shall transmit the proposal to the planning commission, if any, and the governing body and shall submit a copy for review and further comment to: 1. The planning agency of the county in which the municipality is located. 2. Each county or municipality that is contiguous to the corporate limits of the municipality or its area of extraterritorial jurisdiction. 3. The regional planning agency within which the municipality is located. 4. The Arizona commerce authority or any other state agency that is subsequently designated as the general planning agency for this state. 5. The department of water resources for review and comment on the water resources element, if a water resources element is required. 6. If the general plan or an element or amendment of the general plan is applicable to territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the military airport. 7. If the general plan or an element or major amendment of the general plan is applicable to property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461, the attorney general. For the purposes of this paragraph, "major amendment" means a substantial alteration of the municipality's land use mixture or balance as established in the municipality's existing general plan land use element. 8. Any person or entity that requests in writing to receive a review copy of the proposal. E. If the municipality has a planning commission, after considering any recommendations from the review required under subsection D of this section, the planning commission shall hold at least one public hearing before approving a general plan or any amendment to such plan. When the general plan or any major amendment is being adopted, planning commissions in municipalities with populations of more than twenty-five thousand persons shall hold two or more public hearings at different locations within the municipality to promote citizen participation. Notice of the time and place of a hearing and availability of studies and summaries related to the hearing shall be given at least fifteen and not more than thirty calendar days before the hearing by: 1. Publication at least once in a newspaper of general circulation published or circulated in the municipality, or if there is none, the notice shall be posted in at least ten public places in the municipality. 2. Such other manner in addition to publication as the municipality may deem necessary or desirable. F. Action by the planning commission on the general plan or any amendment to the plan shall be transmitted to the governing body of the municipality. G. Before adopting the general plan, or any amendment to it, the governing body shall hold at least one public hearing. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission as specified in subsection E of this section. H. The adoption or readoption of the general plan or any amendment to such plan shall be by resolution of the governing body of the municipality, after notice as provided for in subsection E of this section. The adoption or readoption of or a major amendment to the general plan shall be approved by affirmative vote of at least two-thirds of the members of the governing body of the municipality. All major amendments to the general plan proposed for adoption by the governing body of a municipality shall be presented at a public hearing held within twelve months after the proposal is made. The general plan, or any amendment to the plan, shall be endorsed in the manner provided by the governing body to show that it has been adopted by the governing body. If the municipality includes property in the high noise or accident potential zone of a military airport or ancillary military facili