Arizona Laws 48-617. Special provisions relating to improvement districts for purchasing energy for lighting public streets or parks
A. If a petition for the formation of an improvement district to purchase and not generate energy for street or public park lighting is presented to the governing body, which purports to be signed by all of the real property owners in the proposed district, exclusive of mortgagees and other lienholders, the governing body, after verifying such ownership and making a finding of such fact, shall adopt a resolution of intention to order the proposed improvement pursuant to the provisions of section 48-576 and shall have immediate jurisdiction to adopt the resolution ordering the improvement, pursuant to the provisions of section 48-581, without the necessity of publication and posting of the resolution of intention provided for in section 48-578.
Terms Used In Arizona Laws 48-617
- 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 any or all of the improvements mentioned and authorized to be made in this and article 1 of this chapter and the construction, reconstruction and repair of all or any portion of the improvements, and all labor, services, incidental expenses and material necessary or incidental to the construction, reconstruction or repair. See Arizona Laws 48-571
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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. If a petition for the formation of an improvement district to purchase energy for street or public park lighting is presented to the governing body signed by a majority of the real property owners in the proposed district, the governing body shall adopt a resolution of intention to order the proposed improvement and cause same to be published and posted pursuant to the provisions of section 48-578, and unless protests received pursuant to section 48-579 are sufficient to bar further proceedings, the governing body shall thereafter proceed with the improvements so petitioned.
C. At the time of the adoption of the resolution of intention pursuant to the provisions of section 48-576, the governing body shall determine the type of lighting facilities to be installed and consider the rate to be paid for purchasing the energy for the proposed district.