Arizona Laws 48-549. Resolution calling hearing when improvement bonds remain unsold; publication; determination of continuance or abandonment of project
A. When bonds authorized to be issued under the provisions of this article have been advertised for sale under the provisions of section 48-543, and the bonds have not been sold within two years from the date of the first advertisement for sale, the governing body of the municipality authorizing issuance of the bonds may provide for a hearing of all persons interested in the property affected by the opening or widening proceedings for the purpose of determining whether or not the proceedings shall be abandoned under the provisions of section 48-517 or whether they shall be continued by sale of the improvement bonds theretofore authorized without reappraisal of compensation and damages, or benefits, or whether they shall be continued under a reappraisal of the compensation and damages awarded for taking the property and of the benefits assessed for such opening or widening.
Terms Used In Arizona Laws 48-549
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Continuance: Putting off of a hearing ot trial until a later time.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- governing body: includes and means the body or board which by law is constituted the legislative department of an incorporated city or town. See Arizona Laws 48-571
- Improvement: includes all the improvements mentioned in this article, and the term or terms "street opening or widening" and "opening or widening" include all improvements mentioned in this article. See Arizona Laws 48-501
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Street: includes avenues, alleys, highways, lanes, crossings, intersections, courts, places and grounds now open or dedicated or hereafter opened or dedicated to public use, and public ways. See Arizona Laws 48-571
B. The hearing may be provided for by resolution which shall state:
1. The name of the street proposed to be opened or widened.
2. The approximate limits between which the opening or widening is to be made.
3. The time and place of the hearing.
4. That the purpose of the hearing is to determine whether or not the proceedings shall be abandoned or shall be continued by sale of the improvement bonds theretofore authorized without reappraisal of compensation and damages, or benefits, or whether they shall be continued under a reappraisal of compensation and damages awarded for the taking of property and of the benefits assessed for such street opening or widening.
5. That all owners of property and persons having an interest in or lien upon property proposed to be taken for public purposes, or included in the district to be assessed, as described in the proceedings theretofore had and taken at or before the time fixed for the hearing, may file written request as to the action desired by them in regard to the matter.
C. The resolution, or a notice stating the matter as provided in subsection B of this section to be stated in the resolution, shall be published in a daily or weekly newspaper published in the municipality, on not less than two different days before the day fixed for the hearing, the first of which shall be not less than five days before the day fixed for the hearing.
D. At the hearing all persons interested shall be heard in support of written requests filed by them. The hearing may be continued from time to time by the governing body, and upon termination of the hearing or continuance thereof, the governing body shall enter an order in its minutes, determining what action shall be taken with respect to the proceedings.