 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Arizona |
|
USA Statutes : arizona
Title : Counties
Chapter : BOARD OF SUPERVISORS
|
|
11-201 Powers of county
A. The powers of a county shall be exercised only by the board of supervisors or by
agents and officers acting under its authority and authority of law. It has the power
to:
1. Sue and be sued.
2. Purchase and hold lands within its limits.
3. Make such contracts and purchase and hold such personal property as may be
necessary to the exercise of its powers.
4. Make such orders for the disposition or use of its property as the interests of
the inhabitants of the county require.
5. Levy and collect taxes for purposes under its exclusive jurisdiction as are
authorized by law.
6. Determine the budgets of all elected and appointed county officers enumerated
under section 11-401 by action of the board of supervisors.
B. Except for the purposes of acting as an intermediary in a license transfer or
sale, a county shall not own a commercial cable television system or any other pay
television system.
C. Section 11-251.05, subsection A, paragraph 1 does not authorize a county to levy
and collect taxes for any purposes beyond those otherwise specifically authorized by
statute.
11-202 County as corporate body; name
A. Each county is a body politic and corporate, possessing all the powers expressly
provided in the constitution or laws of this state and such powers as are necessarily
implied therefrom.
B. The name of the county designated in article 1, chapter 1 of this title is its
corporate name by which it shall be known and designated in all actions and proceedings.
11-211 Membership; qualifications; term
A. There shall be in each county having a population of two hundred thousand or
more persons a board of supervisors consisting of five members who shall be qualified
electors of their supervisorial district, and who shall be elected at a general election
at which the president of the United States is elected. In each county having a
population of less than two hundred thousand persons, a board of supervisors shall
consist of three members, except as prescribed by subsection B, who shall be qualified
electors of their supervisorial district and who shall be elected at a general election
at which the president of the United States is elected. They shall enter upon their
duties on January 1 subsequent to their election, and shall hold office for four
years. No person holding any other county or precinct office is eligible to the office
of supervisor.
B. Any county having a population of less than two hundred thousand persons but
more than one hundred thousand persons shall call an election to change from a
three-member to a five-member board of supervisors, or from a five-member to a
three-member board of supervisors, upon receipt by the board of supervisors of a petition
signed by not less than ten per cent of the qualified voters who voted at the preceding
general election at which a president of the United States was elected. The board shall
submit to the electors in such county, at a special election called for such purpose, the
question whether or not such county shall elect five members or three members to the
board of supervisors. The election shall be held before the first Monday in January
preceding the next general election. The ballots shall contain the words: "Five
supervisors, yes. Five supervisors, no." or "Three supervisors, yes. Three supervisors,
no." If the majority of the qualified electors voting on the question vote in the
affirmative, the board of supervisors shall redistrict the county in accordance with the
provisions of section 11-212. The county shall thereafter elect the prescribed number of
members to the board of supervisors who shall have the same qualifications as provided in
subsection A for a board of supervisors with a population of two hundred thousand or more
persons, and shall hold office for a term of four years to commence on January 1. 11-212 Supervisorial districts
The board of supervisors shall meet at the county seat on or before December 1
following the release of the United States decennial census data and divide the county
into three or five supervisorial districts as provided in this article, which shall be
numbered, respectively, districts one, two and three or districts one, two, three, four
and five. The board shall define the boundaries and limits of each district and make the
division equal or with not more than ten per cent difference in population. The county
may redistrict as often as deemed necessary between each United States decennial census. 11-213 Election; vacancies
A. At the general election for state and county officers, one supervisor shall be
elected from each district from among those nominated at the preceding primary
election. They shall be nominated and elected by the qualified electors of their
respective districts. If a supervisor moves from the district from which he was elected
his office shall at once become vacant.
B. When a vacancy occurs in the office of supervisor, the remaining supervisors,
together with the clerk of the board of supervisors, shall fill the vacancy by
appointment of a resident of the district in which the vacancy occurred.
11-214 Regular and special meetings
Regular meetings of the board shall be held in the county on a working day or days
of each month designated by the board. The board shall notify the public of the location
and the day or days designated. Special meetings may be called by a majority of the
board, or by the chairman. At least five days' notice of the special meeting shall be
given to any member not joining in the call.
11-215 Boards of supervisors; duty station; travel policy
A. The board of supervisors shall establish a duty station for each board member at
an appropriate location in the county. For purposes of this subsection, "duty station"
means the place where the board member spends the largest portion of the board member's
regular workday or working time.
B. Members of the board of supervisors shall follow the county travel policy.
11-216 Chairman; quorum; public sessions
A. The supervisors shall elect a chairman, who, in addition to his other duties,
shall sign all orders and warrants of the board.
B. A majority of the board constitutes a quorum for the transaction of business.
C. All sessions of the board shall be public.
11-217 Minutes of proceedings
A. Each board shall cause written minutes of its proceedings to be prepared
pursuant to section 38-431.01.
B. The clerk of the board shall maintain and permanently preserve the official copy
of the minutes in accordance with section 39-101.
C. The full minutes of proceedings, which need not be a verbatim transcript nor
include exhibits, shall be published once not later than two months after each meeting
in the official newspaper of the county. The published minutes shall include all demands
and warrants approved by the board in excess of one thousand dollars except that multiple
demands and warrants from a single supplier or individual under one thousand dollars
whose cumulative total exceeds one thousand dollars in a single reporting period shall
also be published. Such reporting period shall not exceed thirty days. Each newspaper
that publishes the minutes of the board shall supply to the public libraries in each
city, town and county a copy of the published minutes and shall make minutes for the
prior three month period available for use by the public on an on-line computer
information service at no expense to the county.
11-218 Subpoena of witnesses; production of books and papers
The board may, by its chairman, issue subpoenas to compel attendance of any person
and the production of any records relating to the affairs of the county for examination
upon any matter within the board's jurisdiction. A witness is bound to attend, when
served, and to answer all questions which the witness would be bound to answer in the
matter before a court. Obedience to the subpoena, or to an order to attend or to
testify, may be enforced by the board, and for that purpose the board has all the powers
conferred by law upon courts of record.
11-219 Authority to require services of sheriff
The board may direct the sheriff to attend its meetings to preserve order, and serve
subpoenas, notices or citations. Neither the officer serving subpoenas nor the witnesses
are entitled to fees.
11-220 Administration of oaths by board or clerk
Any member of the board or the clerk may administer oaths, but no fees shall be
charged therefor.
11-221 Custody and inspection of records
The books, records and accounts of the board shall be kept at the office of the
clerk of the board, and in his care, and shall be open to public inspection.
11-222 Pecuniary interest as bar to vote of supervisor
A supervisor shall not vote upon any measure in which he, any member of his family
or his partner, is pecuniarily interested.
11-223 Misconduct by supervisor; penalty
A supervisor who neglects or refuses to perform any duty imposed on him without just
cause, or who wilfully violates any law provided for or relating to the office of
supervisor, or fraudulently or corruptly performs any duty imposed upon him by law, or
wilfully, fraudulently or corruptly attempts to perform an act as supervisor unauthorized
by law, in addition to other penalties or punishment prescribed, shall forfeit to the
county five hundred dollars for every such act, which may be recovered on his official
bond, and is further liable on his official bond to any person injured thereby for all
damages sustained.
11-241 Appointment; duties
The board of supervisors shall appoint a clerk of the board, who shall:
1. Record all proceedings of the board.
2. Make full entries of the board's resolutions and decisions on all questions
concerning the raising of money for and allowance of accounts against the county.
3. Record the vote of each member on every question upon which there is a division
or at the request of any member present.
4. Sign all orders made and warrants issued by order of the board for the payment
of money.
5. Record the reports of the county treasurer of the receipts and disbursements of
the county.
6. Preserve and file all accounts acted upon by the board.
7. Preserve and file all petitions and record the actions of the board thereon.
8. Record all orders levying taxes.
9. Perform all other duties required by law or rule or order of the board.
11-251.01 Conveyance to nonprofit housing corporation
The board of supervisors may convey any land and improvements thereon owned by the
county directly and without compliance with the provisions of paragraph 9 of section
11-251 to a nonprofit corporation which operates housing units limited to those which are
federally financed or sponsored. Such title so conveyed shall remain with the nonprofit
corporation until such time as the bonded indebtedness incurred and due to the United
States government or an agency thereof, is paid and at which time title to such land and
the improvements thereon shall revert to the county.
11-251.02 Additional powers of the board The board of supervisors may: 1. Authorize the use of county personnel, facilities, equipment, supplies and other resources in search or rescue operations involving the life or health of any person. 2. Contract for the acquisition, rental or hire of equipment, services, services supervision, supplies and other resources for use in such search or rescue operations. 3. Contract with an ambulance service provider that has a certificate of necessity issued pursuant to title 36, chapter 21.1, article 2 to provide ambulance service in the rural or wilderness service areas in counties with a population of less than five hundred thousand persons. 11-251.03 Records center; contents; open to inspection
A. The board of supervisors may establish a central records center for the
preservation, storage and handling of all records required by law to be kept by county
officers and justices of the peace.
B. In any county having a central records center, all county officers and justices
of the peace shall deliver to the board of supervisors public records in their custody
that are:
1. Required by law to be kept.
2. Of legal, administrative, historical or other value as determined pursuant to
section 41-1351.
3. Required to be delivered by the rules adopted by the director of the ARIZONA
state library, archives and public records.
C. County officers and justices of the peace may make and retain copies of records
necessary for those officers to perform the duties of their office.
D. Public records in a central records center shall be open to public inspection
and be preserved in the manner prescribed by law.
11-251.04 Authority to set rates for private towing carrier; definition; violation; classification
A. Except as provided in subsection B of this section, the board of supervisors may
regulate the maximum rate and charge for towing, transporting or impounding a motor
vehicle from private property without the permission of the owner or operator of the
vehicle by any private towing carriers doing business within the boundaries of the
county. A private towing carrier is subject to the maximum rate and charge regulation
prescribed by the board of supervisors for all such towing, transporting or impounding
services if the vehicle being towed or transported is towed from private property located
on property that lies within the boundaries of the county.
B. The provisions of subsection A of this section shall not apply to the towing,
transporting or impounding of a motor vehicle from private property without the
permission of the owner or operator of the vehicle by a private towing carrier where the
vehicle being towed or transported is towed or transported from property that lies within
the boundaries of an incorporated city or town that has regulated such towing,
transporting or impounding pursuant to section 9-499.05.
C. It is unlawful for a private towing carrier to tow or transport a motor vehicle
from private property without the permission of the owner or operator of the motor
vehicle unless such private towing carrier receives a request from a law enforcement
agency or the express written permission from the owner or the agent of the owner of the
property. The owner or his agent shall either sign each towing order or authorize the
tow by a written contract which is valid for a specific length of time. The private
towing carrier may not act as the agent of the owner.
D. A person who violates subsection C is guilty of a class 2 misdemeanor.
E. This section shall apply only to services performed while a person is actually
engaged in the activities of a private towing carrier.
F. For the purposes of this section, "private towing carrier" means any person who
commercially offers services to tow, transport or impound motor vehicles from private
property without the permission of the owner or operator of the vehicle by use of a truck
or other vehicle designed for or adapted to that purpose.
11-251.05 Ordinances
A. The board of supervisors may:
1. In the conduct of county business, adopt, amend and repeal all ordinances
necessary or proper to carry out the duties, responsibilities and functions of the county
which are not otherwise specifically limited by section 11-251 or any other law or in
conflict with any rule or law of this state.
2. Prescribe punishment by fine or imprisonment, or both, for the violation of an
ordinance adopted pursuant to paragraph 1 of this subsection. A fine or imprisonment
shall not exceed the maximum limitations for a class 1 misdemeanor.
B. Ordinance authority under subsection A of this section shall be in addition to
and preemptive of ordinance, rule making or regulatory authority of any other county
board or county commission. A county may not impose taxes except as otherwise provided
by law and as specified in section 11-251.
C. Prior to adoption, amendment or repeal of an ordinance under this section, the
board of supervisors shall hold a public hearing thereon at least fifteen days' notice of
which shall be given by one publication in a newspaper of general circulation in the
county seat. After adopted or amended, the ordinance shall be published at least once in
a newspaper of general circulation in the county seat.
D. An ordinance adopted under this section may apply to the unincorporated and
incorporated areas in the county if the ordinance is not in conflict with an existing
city or town ordinance or state law or otherwise regulated by the state. If the
ordinance is intended to apply to any incorporated area of the county, prior to the
ordinance becoming effective within the boundaries of a city or town, the city or town
council shall consider the ordinance and, if the council finds that the subject matter of
the ordinance is not either a matter of local concern or governed by an existing city or
town ordinance, the council shall approve by resolution the application or enforcement of
such ordinance within the boundaries of the city or town. Upon thirty days' notice to
the county, a city or town council may rescind such approval by resolution if the subject
matter of the ordinance is governed or to be governed by a city or town ordinance. An
ordinance may apply to the unincorporated areas of the county, to part or parts of such
areas or to a combination of incorporated and unincorporated areas of the county, as the
board deems appropriate and subject to the approval of a city or town as specified in
this subsection.
E. Nothing contained in this section shall be construed to prohibit a county from
exercising such powers and authority as are granted under other provisions of state law.
11-251.06 Reimbursement for county services to special districts
A. Notwithstanding any other statute, the board of supervisors may require the
following special districts to reimburse the county for the cost of services provided to
the special districts:
1. Antinoxious weed districts formed pursuant to title 48, chapter 2.
2. Pest control districts formed pursuant to title 48, chapter 3.
3. County improvement districts formed pursuant to title 48, chapter 6.
4. County improvement districts for lighting formed pursuant to sections 48-960 and
48-961.
5. Domestic water improvement districts formed pursuant to title 48, chapter 6,
article 4.
6. County television improvement districts formed pursuant to title 48, chapter 7.
7. Community park maintenance districts formed pursuant to title 48, chapter 8.
8. Special road districts formed pursuant to title 48, chapter 10.
9. Power districts formed pursuant to title 48, chapter 11.
10. Electrical districts formed pursuant to title 48, chapter 12.
11. Hospital districts formed pursuant to title 48, chapter 13.
12. Sanitary districts formed pursuant to title 48, chapter 14.
13. Pest abatement districts formed pursuant to title 48, chapter 15.
14. Health service districts formed pursuant to title 48, chapter 16.
15. Agricultural improvement districts formed pursuant to title 48, chapter 17.
16. Drainage and flood protection districts formed pursuant to title 48, chapter 18.
17. Irrigation and water conservation districts formed pursuant to title 48, chapter
19.
18. Irrigation water delivery districts formed pursuant to title 48, chapter 20.
19. County flood control districts formed pursuant to title 48, chapter 21.
20. Multi-county water conservation districts formed pursuant to title 48, chapter
22.
21. County jail districts formed pursuant to title 48, chapter 25.
B. Fire districts formed pursuant to title 48, chapter 5 shall reimburse the county
for the actual costs of organization, reorganization, boundary changes, election
services, use of the county attorney and other services provided by the assessor and
treasurer directly associated with county services provided to fire districts.
C. The board of supervisors shall establish a schedule for reimbursement of county
services and shall distribute this schedule to the special districts prior to providing
any service named in the schedule. The schedule may include charges to newly organized
special taxing districts for county services rendered to these districts before and
during organization. The reimbursement schedule shall not exceed the actual costs for
the services provided by the county.
D. If the board of supervisors requires reimbursement for county services pursuant
to subsections A and C of this section, the governing body of a special district listed
in subsection A of this section may elect to perform for itself any of the services
provided by the county in lieu of reimbursement, except election and financial services
provided by the county.
E. Subsection D of this section does not authorize the governing body of any of the
named special districts to levy any additional taxes not otherwise specified by statute.
11-251.07 Report of special taxing districts in the county
A. On or before October 1 of each year the board of supervisors shall compile a
report of all special taxing districts existing under title 48 in the county during the
preceding fiscal year except for those organized under title 48, chapter 4 and chapter 6,
articles 1 and 2. The report shall include for each district:
1. The date of formation.
2. The total assessed valuation of the district.
3. The tax rate levied by the district for the current tax year.
4. The estimated budget for the district for the current fiscal year.
5. A map of the district.
6. A copy of any required district impact statement for districts when they are
organized.
B. The annual report shall also include for any district that is organized under
title 48 and whose boundaries changed during the preceding fiscal year, except for
districts organized under title 48, chapter 4 and chapter 6, articles 1 and 2, a current
map of the district's boundaries plus a copy of any boundary change impact statement if
required.
11-251.08 County fee for service authority; alternate fee schedule; fee limits; adoption procedures
A. In addition to any other county power or authority the board of supervisors may
adopt fee schedules for any specific products and services the county provides to the
public. Notwithstanding fee schedules or individual charges in statute, a board of
supervisors may adopt an additional charge or separate individual charge.
B. Any fee or charge established pursuant to this section must be attributable to
and defray or cover the expense of the product or service for which the fee or charge is
assessed. A fee or charge shall not exceed the actual cost of the product or service.
C. Before adoption of a fee for service or an additional or separate charge
pursuant to this section, the board of supervisors shall hold a public hearing on the
issue with at least fifteen days' published notice.
D. Nothing in this section shall apply to products and services provided to cities
and towns.
11-251.09 Enforcement of water conservation plumbing requirements
A. The board of supervisors may designate an appropriate official to enforce, in
unincorporated areas of the county, all or a portion of title 45, chapter 1, article 12,
relating to water conservation plumbing requirements. If the board of supervisors
designates an official pursuant to this subsection, it shall notify the department of
water resources, in writing, of its intent to do so. An election under this subsection
divests the department of water resources of jurisdiction to enforce those provisions
except that the department may enforce those provisions against any person who
manufactures or distributes to a wholesaler or retailer any plumbing fixture for use in
this state.
B. The county may retain the revenues from all civil penalties and assessments
collected by the county under this section and title 45, chapter 1, article 12 as
reimbursement for the cost of past enforcement actions and to fund future enforcement
efforts.
11-251.10 Conveyance or lease; affordable housing; agreement; recording
A. If a board of supervisors determines that any real property or interest in the
real property owned, or to be purchased, by a county can be used to provide affordable
housing for persons and families of low income as determined by the United States
department of housing and urban development and that this use is in the county's best
interests, the county may sell, lease, exchange, quitclaim, convey or otherwise dispose
of the real property or interest in the real property at less than fair market value, or
purchase an interest in the real property, to provide affordable housing without holding
a public auction and for less than the fair market value as required by section 11-256.
B. Dwelling units provided for persons and families of low income under this
section shall be restricted by regulatory agreement to remain continually affordable to
low income persons and families for the longest feasible time, but not less than thirty
years, pursuant to a method prescribed by the county.
C. The regulatory agreement shall contain a provision making the covenants and
conditions of the agreement binding on a successor in interest and shall be recorded in
the office of the county recorder of the county in which the housing development is
located.
11-251.11 Appointed county officers; severance pay The board of supervisors may provide severance pay for appointed county officers by ordinance or by contract with an individual officer. 11-251.12 County islands; fire and emergency services protection; intergovernmental agreement with adjoining municipalities or private providers; definition A. By July 1, 2005, a county with a population of more than one million five hundred thousand persons and that has a county island shall enter into an intergovernmental agreement with a municipality or municipalities for fire protection and emergency medical services in that county island. B. If a municipality elects to provide fire and emergency medical services in a county island where a private provider of fire or emergency services already has facilities or provides service, the municipality and the private provider shall enter into an agreement covering the roles and relationships regarding mutual aid or backup agreements and any services for which the municipality wishes to contract and any reimbursement or billing and collection practices. The agreement shall be executed before the municipality commences providing service in the county island. No agreement is required if the private provider notifies the municipality that it will cease service in the county island within one hundred eighty days after the date the municipality commences providing service. C. For purposes of this article, "county island" means unincorporated territory that is surrounded on all sides by a municipality or where the unincorporated territory has borders that involve a combination of a municipality or municipalities and a reservation. 11-251 Powers of board
The board of supervisors, under such limitations and restrictions as are prescribed
by law, may:
1. Supervise the official conduct of all county officers and officers of all
districts and other subdivisions of the county charged with assessing, collecting,
safekeeping, managing or disbursing the public revenues, see that such officers
faithfully perform their duties and direct prosecutions for delinquencies, and, when
necessary, require the officers to renew their official bonds, make reports and present
their books and accounts for inspection.
2. Divide the counties into such districts or precincts as required by law, change
them and create others as convenience requires.
3. Establish, abolish and change election precincts, appoint inspectors and judges
of elections, canvass election returns, declare the result and issue certificates
thereof.
4. Lay out, maintain, control and manage public roads, ferries and bridges within
the county and levy such tax for that purpose as may be authorized by law.
5. Provide for the care and maintenance of the sick of the county, erect and
maintain hospitals for that purpose and, in its discretion, provide a farm in connection
with the county hospital and adopt ordinances for working the farm.
6. Provide suitable rooms for county purposes.
7. Purchase, receive by donation or lease real or personal property necessary for
the use of the county prison and take care of, manage and control the property, but no
purchase of real property shall be made unless the value has been previously estimated by
three disinterested citizens of the county, appointed by the board for that purpose, and
no more than the appraised value shall be paid for the property.
8. Cause to be erected and furnished a courthouse, jail and hospital and such other
buildings as necessary, and construct and establish a branch jail, when necessary, at a
point distant from the county seat.
9. Sell at public auction, after thirty days' previous notice given by publication
in a newspaper of the county, stating the time and place of the auction, and convey to
the highest bidder, for cash or contract of purchase extending not more than ten years
from the date of sale and upon such terms and conditions and for such consideration as
the board shall prescribe, any property belonging to the county that the board deems
advantageous for the county to sell, or which the board deems unnecessary for use by the
county, and shall pay the proceeds thereof into the county treasury for use of the
county, except that personal property need not be sold but may be used as a trade-in on
the purchase of personal property when the board deems this disposition of the personal
property to be in the best interests of the county. When the property for sale is real
property, the board shall have such property appraised by a qualified independent fee
appraiser who has an office located in this state. The appraiser shall establish a
minimum price, which shall not be less than ninety per cent of the appraised value. The
notice regarding the sale of real property shall be published in the county where the
property is situated and may be published in one or more other counties, and shall
contain, among other things, the appraised value, the minimum acceptable sale price, and
the common and legal description of the real property. Notwithstanding the requirement
for a sale at public auction prescribed in this paragraph, a county may with unanimous
consent of the board, without a public auction, sell or lease any county property to any
other duly constituted governmental entity, including the state, cities, towns and other
counties. A county may with unanimous consent of the board, without public auction, sell
or lease any county property for a specific use to any solely charitable, social or
benevolent nonprofit organization incorporated or operating in this state. A county may
dispose of surplus equipment and materials that have little or no value or are
unauctionable in any manner authorized by the board.
10. Examine and exhibit the accounts of all officers having the care, management,
collection or disbursement of money belonging to the county or appropriated by law or
otherwise for the use and benefit of the county.
11. Examine, settle and allow all accounts legally chargeable against the county,
order warrants to be drawn on the county treasurer for that purpose and provide for
issuing the warrants.
12. Levy such tax annually on the taxable property of the county as may be necessary
to defray the general current expenses thereof, including salaries otherwise unprovided
for, and levy such other taxes as are required to be levied by law.
13. Equalize assessments.
14. Direct and control the prosecution and defense of all actions to which the
county is a party, and compromise them.
15. Insure the county buildings in the name of and for the benefit of the county.
16. Fill by appointment all vacancies occurring in county or precinct offices.
17. Adopt provisions necessary to preserve the health of the county, and provide for
the expenses thereof.
18. With the approval of the department of health services, contract with any
qualified person to provide all or part of the health services, funded through the
department of health services with federal or state monies, that the board in its
discretion extends to residents of the county.
19. Contract for county printing and advertising, and provide books and stationery
for county officers.
20. Provide for rebinding county records, or, if necessary, the transcribing of
county records.
21. Make and enforce necessary rules and regulations for the government of its body,
the preservation of order and the transaction of business.
22. Adopt a seal for the board, a description and impression of which shall be filed
by the clerk in the office of the county recorder and the secretary of state.
23. Establish, maintain and conduct or aid in establishing, maintaining and
conducting public aviation fields, purchase, receive by donation or lease any property
necessary for that purpose, lease, at a nominal rental if desired, sell such aviation
fields or property to the United States or any department, or sell or lease such aviation
fields to a city, exchange lands acquired pursuant to this section for other lands, or
act in conjunction with the United States in maintaining, managing and conducting all
such property. If any such property or part of that property is not needed for these
purposes, it shall be sold by the board and the proceeds shall be paid into the general
fund of the county.
24. Acquire and hold property for the use of county fairs, and conduct, take care of
and manage them.
25. Authorize the sheriff to offer a reward, not exceeding ten thousand dollars in
one case, for information leading to the arrest and conviction of persons charged with
crime.
26. Contract for the transportation of insane persons to the state hospital or
direct the sheriff to transport such persons. The county is responsible for such expense
to the extent the expense is not covered by any third party payor.
27. Provide for the reasonable expenses of burial for deceased indigents as provided
in section 36-831 and maintain a permanent register of deceased indigents including name,
age and date of death, and when burial occurs, the board shall mark the grave with a
permanent marker giving the name, age, and date of birth, if known.
28. Sell or grant to the United States the title or interest of the county in any
toll road or toll train in or partly within a national park, upon such terms and
consideration as may be agreed upon by the board and the secretary of the interior of the
United States.
29. Enter into agreements for acquiring rights-of-way, construction, reconstruction
or maintenance of highways in their respective counties, including highways that pass
through Indian reservations, with the government of the United States, acting through its
duly authorized officers or agents pursuant to any act of Congress, except that the
governing body of any Indian tribe whose lands are affected must consent to the use of
its land, and any such agreements entered into before June 26, 1952 are validated and
confirmed.
30. Do and perform all other acts and things necessary to the full discharge of its
duties as the legislative authority of the county government.
31. Make and enforce all local, police, sanitary and other regulations not in
conflict with general law.
32. Budget for funds for foster home care during the school week for mentally
retarded and otherwise handicapped children who reside within the county and attend a
school for the handicapped in a city or town within such county.
33. Do and perform all acts necessary to enable the county to participate in the
"economic opportunity act of 1964" (P.L. 88-452; 78 Stat. 508), as amended.
34. Provide a plan or plans for its employees that provide tax deferred annuity and
deferred compensation plans as authorized pursuant to title 26, United States Code
annotated. Such plans shall allow voluntary participation by all employees of the county.
Participating employees shall authorize the board to make reductions in their
remuneration as provided in an executed deferred compensation agreement.
35. Adopt and enforce standards for shielding and filtration of commercial or public
outdoor portable or permanent light fixtures in proximity to astronomical or
meteorological laboratories.
36. Subject to the prohibitions, restrictions and limitations as set forth in
section 11-830, adopt and enforce standards for excavation, landfill and grading to
prevent unnecessary loss from erosion, flooding and landslides.
37. Make and enforce necessary ordinances for the operation and licensing of any
establishment not in the limits of an incorporated city or town in which is carried on
the business of providing baths, showers or other forms of hydrotherapy or any service of
manual massage of the human body.
38. Provide pecuniary compensation as salary or wages for overtime work performed by
county employees, including those employees covered by the provisions of title 23,
chapter 2, article 9. In so providing, the board may establish salary and wage plans
incorporating classifications and conditions prescribed by the federal fair labor
standards act.
39. Establish, maintain and operate facilities that provide for physical evaluation,
diagnosis and treatment of patients and that do not keep patients overnight as bed
patients or treat patients under general anesthesia.
40. Enact ordinances under its police authority prescribing reasonable curfews in
the entire unincorporated area or any area less than the entire unincorporated area of
the county for minors and fines not to exceed the fine for a petty offense for violation
of such ordinances. Nothing in this paragraph shall be construed to require a request
from an association or a majority of the residents of an area before the board may enact
an ordinance applicable to the entire or any portion of the unincorporated area. An
ordinance enacted pursuant to this paragraph shall provide that a minor is not violating
a curfew if the minor is accompanied by a parent, a guardian or an adult having
supervisorial custody, is on an emergency errand or has been specifically directed to the
location on reasonable, legitimate business or some other activity by the parent,
guardian or adult having supervisorial custody. If no curfew ordinance is applicable to
a particular unincorporated area of the county, the board may adopt a curfew ordinance on
the request or petition of either:
(a) A homeowners' association that represents a majority of the homeowners in the
area covered by the association and to which the curfew would apply.
(b) A majority of the residents of the area to which the curfew would apply.
41. Lease or sublease personal property owned by the county to other political
subdivisions of this state to be used for a public purpose.
42. In addition to the agreements authorized by section 11-651, enter into long-term
agreements for the purchase of personal property, provided that the board may cancel any
such agreement at the end of a fiscal year, at which time the seller may repossess the
property and the agreement shall be deemed terminated.
43. Make and enforce necessary ordinances not in conflict with the laws of this
state to regulate off-road recreational motor vehicles that are operated within the
county on public lands without lawful authority or on private lands without the consent
of the lawful owner or that generate air pollution. For the purposes of this paragraph,
"off-road recreational motor vehicle" means three and four wheel vehicles manufactured
for recreational nonhighway all terrain travel.
44. Acquire land for roads, drainage ways and other public purposes by exchange
without public auction, except that notice shall be published thirty days before the
exchange listing the property ownership and descriptions.
45. Purchase real property for public purposes, provided that final payment shall be
made not later than five years after the date of purchase.
46. Lease-purchase real property and improvements for real property for public
purposes, provided that final payment shall be made not later than twenty-five years
after the date of purchase. Any increase in the final payment date from fifteen years up
to the maximum of twenty-five years shall be made only on unanimous approval by the board
of supervisors.
47. Make and enforce ordinances for the protection and disposition of domestic
animals subject to inhumane, unhealthful or dangerous conditions or circumstances. An
ordinance enacted pursuant to this paragraph shall not restrict or limit the authority of
the game and fish commission to regulate the taking of wildlife. For the purposes of this
paragraph, "domestic animal" means an animal kept as a pet and not primarily for economic
purposes.
48. If a part of a parcel of land is to be taken for roads, drainage, flood control
or other public purposes and the board and the affected property owner determine that the
remainder will be left in such a condition as to give rise to a claim or litigation
concerning severance or other damage, acquire the whole parcel by purchase, donation,
dedication, exchange, condemnation or other lawful means and the remainder may be sold or
exchanged for other properties needed for any public purpose.
49. Make and enforce necessary rules providing for the reimbursement of travel and
subsistence expenses of members of county boards, commissions and advisory committees
when acting in the performance of their duties, if the board, commission or advisory
committee is authorized or required by federal or state law or county ordinance, and the
members serve without compensation.
50. Provide a plan or plans for county employee benefits that allow for
participation in a cafeteria plan that meets the requirements of the United States
internal revenue code of 1986.
51. Provide for fringe benefits for county employees, including sick leave, personal
leave, vacation and holiday pay and jury duty pay.
52. Make and enforce ordinances that are more restrictive than state requirements to
reduce or encourage the reduction of carbon monoxide and ozone levels, provided an
ordinance does not establish a standard for vehicular emissions, including ordinances to
reduce or encourage the reduction of the commuter use of motor vehicles by employees of
the county and employees whose place of employment is in unincorporated areas of the
county.
53. Make and enforce ordinances to provide for the reimbursement of up to one
hundred per cent of the cost to county employees of public bus or van pool transportation
to and from their place of employment.
54. Lease for public purposes any real property, improvements for real property and
personal property under the same terms and conditions, to the extent applicable, as are
specified in sections 11-651 and 11-653 for lease-purchases.
55. Enact ordinances prescribing regulation of alarm systems and providing for civil
penalties to reduce the incidence of false alarms at business and residential structures
relating to burglary, robbery, fire and other emergencies not within the limits of an
incorporated city or town.
56. In addition to the provisions of paragraph 9 of this section, and
notwithstanding the provisions of section 23-504, sell or dispose of, at no less than
fair market value, county personal property that the board deems no longer useful or
necessary through a retail outlet or to another government entity if the personal
property has a fair market value of no more than one thousand dollars, or by retail sale
or private bid, if the personal property has a fair market value of no more than fifteen
thousand dollars. Notice of sales in excess of one thousand dollars shall include a
description and sale price of each item and shall be published in a newspaper of general
circulation in the county and for thirty days after notice other bids may be submitted
that exceed the sale price by at least five per cent. The county shall select the highest
bid received at the end of the thirty day period.
57. Sell services, souvenirs, sundry items or informational publications that are
uniquely prepared for use by the public and by employees and license and sell information
systems and intellectual property developed from county resources that the county is not
obligated to provide as a public record.
58. On unanimous consent of the board of supervisors, license, lease or sell any
county property pursuant to paragraphs 56 and 57 of this section at less than fair market
value to any other governmental entity, including this state, cities, towns, public
improvement districts or other counties within or outside of this state, or for a
specific purpose to any charitable, social or benevolent nonprofit organization
incorporated or operating in this state.
59. On unanimous consent of the board of supervisors, provide technical assistance
and related services to a fire district pursuant to an intergovernmental agreement.
60. Adopt contracting procedures for the operation of a county health system
pursuant to section 11-291. Before the adoption of contracting procedures the board shall
hold a public hearing. The board shall publish one notification in a newspaper of general
circulation in the county seat at least fifteen days before the hearing.
61. Enter into an intergovernmental agreement pursuant to chapter 7, article 3 of
this title for a city or town to provide emergency fire or emergency medical services
pursuant to section 9-500.23 to a county island as defined in section 11-251.12. The
board may charge the owners of record in the county island a fee to cover the cost of an
intergovernmental agreement that provides fire and emergency medical services.
62. In counties that employ or have designated an animal control county enforcement
agent pursuant to section 11-1005, enter into agreements with foundations or charitable
organizations to solicit donations, property or services, excluding enforcement or
inspection services, for use by the county enforcement agent solely to perform
nonmandated services and to fund capital improvements for county animal control, subject
to annual financial and performance audits by an independent party as designated by the
county board of supervisors. For the purposes of this paragraph, nonmandated services are
limited to low cost spay and neuter services, public education and outreach efforts, pet
adoption efforts, care for pets that are victims of cruelty or neglect and support for
volunteer programs. 11-252 Membership in organizations
In addition to the powers granted to the board of supervisors by the provisions of
this chapter, and not in limitation thereof, the board of supervisors may appropriate and
expend annually such amounts as are necessary for the purpose of the counties belonging
to and paying dues in the ARIZONA association of counties, statewide, western regional or
national associations of county boards of supervisors, associations of clerks of boards
of supervisors or any similar organizations or combination of organizations.
11-253 Reports and bonds of county officers
A. The board may require any county officer to make reports under oath on any
matter connected with the duties of his office, and may require the officer to give such
bonds or further bonds as may be necessary for the faithful performance of his respective
duties. An officer who neglects or refuses to make the report, or to give the bond
within ten days after being so required, may be removed from office by the board and the
office declared vacant. The board may then fill the vacancy.
B. Every officer from whom an additional bond is required by the board may appeal
from the order to the superior court, which shall determine and fix the amount of the
bond. The appeal may be taken by filing with the board a notice of appeal, and thereupon
the clerk shall certify all proceedings to the court.
11-254.01 County purchasing procedures; purchases to be based on competitive bids; content and issuance of invitations and specifications; basis of awards and rejection of bids; professional services; buildings
A. All purchases of supplies, materials, equipment and contractual services, except
professional services, made by the county having an estimated cost in excess of ten
thousand dollars per transaction, or the aggregate dollar amount provided for in section
41-2535, if pursuant to section 41-2501, subsection C the board of supervisors adopts the
aggregate dollar amount, shall be based on sealed, competitive bids. The county
purchasing agent shall make the awards on board of supervisors approval. The invitation
for bids and specifications must be issued in sufficient time before the purchase is made
and in sufficient detail to permit free competition. Notice of the invitation for bids
shall be published in a newspaper in accordance with title 39, chapter 2 unless the board
of supervisors, by at least a two-thirds vote of its membership, determines that an
emergency exists requiring immediate action to protect the public health or
safety. Copies of the invitation and specifications shall be supplied to and bids shall
be solicited from qualified sources consistent with the item to be purchased as
determined by the county purchasing agent, including all qualified suppliers who before
the issuance of the invitation notify the purchasing department in writing that they
desire to bid on materials, supplies, equipment or contractual services.
B. Bids shall be opened publicly at the time and place stated in the
invitation. On board approval, the county purchasing agent shall make awards with
reasonable promptness by giving written notice to the responsible bidder whose bid
conforms to the invitation and whose bid is the most advantageous to the county
concerning price, conformity to the specifications and other factors. The board may
reject all bids if rejection is in the public interest.
C. For purchases of ten thousand dollars or less, or for purchases of less than the
aggregate dollar amount if the county board of supervisors adopts the amount provided for
in section 41-2535, each county shall develop purchasing procedures to comply with the
uniform accounting system prescribed by the auditor general under section 41-1279.21.
D. Professional services shall be procured pursuant to written policies developed
by the county purchasing agent and adopted by the board of supervisors.
E. All erections of and repairs and alterations to any county building are not
subject to this section but are subject to title 34, chapter 2.
11-254.02 Contribution for sports economic development and stadium development; limitation; definition
A. The board of supervisors of a county having a population of more than one
million five hundred thousand persons according to the most recent United States
decennial census may appropriate and contribute monies to any governmental agency or
municipal corporation for the purpose of stadium development planning and for sports
economic development activities. The total appropriations from the general fund under
this section in a fiscal year shall not exceed one-half of the amount that may be
appropriated by the county for economic development under section 11-254.
B. For purposes of this section, "stadium" has the meaning prescribed by section
48-4201.
11-254.03 Board powers; hospitals
In addition to the provisions of section 11-251, paragraph 5, if a board maintains a
hospital or health care facility for the sick of the county or if a board has delegated
this responsibility to a hospital board pursuant to section 36-183.01, the board or
county hospital board may:
1. Enter into agreements with other health care entities, governmental entities,
organizations, foundations or providers for services or facilities to provide, maintain,
establish, enhance, manage or manage the risk of health care services.
2. Acquire and operate, maintain, lease, encumber and dispose of real and personal
property, including property held in trust, and interests in this property.
3. Adopt administrative rules, including an employee merit system and competitive
procurement process, necessary to administer and operate the hospital's or health care
facility's programs and any property under the authority of either.
4. Establish or acquire foundations or charitable organizations to solicit
donations, financial contributions, real or personal property or services for use solely
to perform the duties and obligations in furtherance of the provision of health care
services.
5. Delegate to the chief executive officer of the hospital the authority to
compromise claims for services provided or debts incurred, up to twenty-five thousand
dollars per claim or debt.
6. Disclose and make available records and other matters in the same manner as is
required of a public body pursuant to title 39, chapter 1, except that it is not required
to disclose or make available any records or other matters that:
(a) Identify the care or treatment of a patient who receives services, including
billing information, unless the patient or the patient's representative consents to the
disclosure in writing or unless otherwise permitted pursuant to federal or state law.
(b) Reveal proprietary information provided to it by a nongovernmental source. For
the purposes of this subdivision, "nongovernmental" means an entity other than the United
States government, an agency or instrumentality of the United States government or a
public body as defined in section 39-121.01.
(c) Would cause demonstrable and material harm and would place it at a competitive
disadvantage in the marketplace.
(d) Would violate any exception, privilege or confidentiality granted or imposed by
statute or common law.
11-254.04 Expenditures for economic development; definition
A. In addition to the authority granted under section 11-254, a board of
supervisors may appropriate and spend public monies for and in connection with economic
development activities.
B. To fund economic development activities under this section, a county shall not
impose a new fee or tax on a single specific industry or type of business.
C. For the purposes of this section, "economic development activities" means any
project, assistance, undertaking, program or study, whether within or outside the
boundaries of the county, including acquisition, improvement, leasing or conveyance of
real or personal property or other activity, that the board of supervisors has found and
determined will assist in the creation or retention of jobs or will otherwise improve or
enhance the economic welfare of the inhabitants of the county.
11-254.05 Purchase or lease of development rights; definition
A. The board of supervisors, by resolution, may purchase or lease the development
rights of private land in the county with monies from any public or private source except
for county development fees collected pursuant to section 11-1102. The board may not
exercise the power of eminent domain to acquire development rights but may acquire
development rights only from willing property owners.
B. Development rights may be acquired only for the following purposes:
1. To establish buffer zones from developing urban areas.
2. To preserve habitat or open space.
3. To sustain the culture and heritage of agriculture and ranching activities in
the county.
4. To preserve archaeological resources or historic properties.
5. To implement a plan to comply with the requirements of the endangered species
act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 through
1599).
C. The board shall:
1. Determine that the potential seller or lessor of the development rights and any
adjoining property owners are fully informed as to the effects and consequences on the
value of the land.
2. Hold a public hearing before adopting any resolution to acquire development
rights.
3. In the case of a purchase of development rights, agree in perpetuity not to
exercise the development rights and require the seller to agree that the land shall
remain as open space.
4. In the case of a lease of development rights, agree not to exercise the
development rights and require the lessor to agree that the land shall remain as open
space for the term of the lease. The term of the lease must be at least twenty-five
years.
5. In all cases, purchase or lease the development rights at no less than market
value.
D. Any property adjoining land with development rights acquired pursuant to this
section shall not have its use or designation impaired by the acquisition of the
development rights for the adjoining lands.
E. For purposes of this section, "acquire development rights" means the purchase or
lease of a nonpossessory interest in real property that requires the owner of the real
property to agree to conserve the land as open space or to preserve the historical,
architectural, archaeological or cultural aspects of the real property in perpetuity, if
purchased, or for the term of the lease, if leased.
11-254.06 County infill incentive districts
A. The board of supervisors may designate an infill incentive district in any
unincorporated area of the county that meets at least three of the following
requirements:
1. There is a large number of vacant, older or dilapidated structures.
2. There is a large number of vacant or underused parcels of property that are of
small or inappropriate sizes or that are environmentally contaminated, that are owned by
different owners and that are located in an area that lacks the presence of development
and investment activity compared to other areas in the county.
3. There is a large number of parcels of property or buildings where nuisances
exist or occur.
4. There is a high occurrence of crime.
5. There is a continuing decline in population.
B. Before establishing an infill incentive district, the board of supervisors
shall:
1. Identify the boundaries of the proposed district.
2. Notify the owners of private property in the proposed district and property
managers of federal and state land in the proposed district by first class mail sent to
the addresses on the most recent tax roll. The notice shall be mailed at least fifteen
days before the hearing held pursuant to paragraph 4 of this subsection.
3. Publish notice of the proposed district in a newspaper of general circulation in
the county once each week for two consecutive weeks before the hearing held pursuant to
paragraph 4 of this subsection.
4. Hold at least one public hearing in the county supervisorial district in which
the proposed district is located to provide information and receive public comments.
C. If, after the hearing, it appears to the board that the public interest,
convenience and welfare will be served by establishing a county infill district, the
board may establish the district by adopting a resolution stating the reasons for
establishing the district, the specific conditions described in subsection A of this
section that qualify the area for a district and provisions for the orderly and
beneficial redevelopment of the district.
D. If the board of supervisors establishes an infill incentive district, it shall
adopt an infill incentive plan to encourage redevelopment in the district. The plan shall
emphasize voluntary incentives, including, if appropriate, continuing traditional rural
and agricultural enterprises. The plan may include:
1. Expedited zoning or rezoning procedures.
2. Expedited processing of plans and proposals.
3. Waivers of county and county improvement district fees and assessments for
development activities.
4. Waivers of development standards and procedural requirements.
E. The infill incentive plan shall not impair the ability of utilities to provide
electricity, water, natural gas or other services in accordance with health, safety and
industry standards, including meeting electric service load growth demand by customers.
F. Infill incentives established pursuant to this section shall not be in violation
of the requirements of the county comprehensive plan pursuant to section 11-821.
11-254 Contribution for economic development
In addition to any other provision of law, the board of supervisors may appropriate
from the general fund each year up to one million five hundred thousand dollars for the
purpose of economic development activity which is operated and maintained within the
boundaries of the county and which the board determines is for the benefit of the
public. Contributions may be made to any governmental agency or to a nonprofit
corporation which enjoys and maintains federal tax exempt status as long as all monies
are utilized for the purpose determined to be public by the board. If more than one
nonprofit corporation is selected for a fiscal year, the board shall determine the
portion of the money that each will receive.
11-255 Annual contract for advertising and printing
A. The board shall contract annually for all advertising, publications and printing
required to be done or made by all departments of county government.
B. Written notice of letting the contract shall be deposited in the post office by
the clerk of the board, postage prepaid, addressed to the office of each qualified
newspaper within the county, at least ten days prior to the opening of bids, calling for
written bids for the advertising, publications and printing required by all county
departments during the ensuing year, and stating on what day the bids received will be
opened.
C. A contract shall be made with the lowest and best bidder, in the discretion of
the board, and to a newspaper which for at least one year has been admitted to the United
States mail as second-class matter, if the bid is within the legal rate. During the
existence of the contract, all advertising, publications and printing ordered by any
department of county government shall be provided to the newspaper awarded the contract
for printing under the terms and conditions of the contract.
D. The newspaper which is awarded the contract pursuant to subsection C may be
referred to as the official newspaper of the county.
E. Notwithstanding subsection C, the board of supervisors may, for itself and all
departments of county government, advertise, publish and print in a publication other
than the official newspaper, if any of the following apply:
1. The advertising, publishing or printing is in addition to that required to be
done in the official newspaper of the county.
2. The advertising, publishing or printing is authorized but not required by law.
3. The advertising, publishing or printing is required by statute to be done in a
location other than that of the official newspaper of the county.
11-256.01 Lease or sublease of county lands and buildings to governmental entity, county fair association or nonprofit corporation; exception
A. Notwithstanding section 11-256, the board may lease or sublease any land or
building owned by or under the control of the county to this state, a county fair
association which qualifies to conduct a racing meeting under section 5-111, subsection E
or to receive county monies as provided in section 11-258, a nonprofit corporation, other
than a municipal or public finance corporation, organized pursuant to title 10, chapters
24 through 40, an incorporated city or town, a school district or any other political
subdivision of this state without holding a public auction and for less than the fair
rental value. The board may specify the uses to which the land or building must be
devoted and any terms and conditions for the use which the board determines are in the
best interests of the county.
B. Notice of the proposed lease or sublease shall be given by publication once each
week for four consecutive weeks in a newspaper of general circulation in the county. The
notice shall state all material conditions of the proposed lease, including, if
appropriate, the uses to which the land or building must be devoted and any terms and
conditions for the use which the board establishes.
C. If a bid is offered by a person other than the state, a county fair association,
a nonprofit corporation, other than a municipal or public finance corporation, or a
political subdivision during the notice period, and the bid equals or exceeds the fair
rental value of the land or building, the board shall not enter the proposed lease with
the state, the county fair association, the nonprofit corporation or the political
subdivision and shall offer the land or building for lease in accordance with the
provisions of section 11-256.
11-256.02 Lease, sublease or sale of county hospital property to hospital district; exception
Notwithstanding any other statute, the board of supervisors of a county having a
population of less than two hundred fifty thousand persons as determined by the latest
United States decennial census may lease, sublease or sell a hospital facility or
hospital real property owned by the county to a hospital district which lies within or
includes land within the county without necessity of public auction and on terms approved
by the board of supervisors. This section does not apply to real property which is state
trust land or to a facility on such property.
11-256.03 Conveyance of property for health care institution to nonprofit corporation; powers and duties of county and nonprofit corporation; reports; definitions
A. The board of supervisors of any county having a population greater than two
hundred fifty thousand but less than one million persons as determined by the latest
United States decennial census and which owns and operates a health care institution may
enter into an agreement to convey the real property and any improvements thereon and all
other property, both tangible and intangible, of such institution to a nonprofit
corporation established for the purposes of operating a health care institution which
includes inpatient services. Any property and improvements conveyed pursuant to this
section shall include the service capability as indicated in the license of the health
care institution and all outpatient clinics administered by the health care institution
at the time of the conveyance and shall be conveyed for at least their fair market value
as determined at the time of the conveyance.
B. To satisfy the requirements of section 501 of the internal revenue code any
nonprofit corporation to which property is conveyed pursuant to subsection A of this
section is declared to be:
1. A validly organized and existing body politic and corporate exercising its
powers for the benefit of the people, to improve their health and welfare and to increase
their prosperity.
2. Engaged in a purpose essential to public health care.
3. Performing an essential governmental function.
C. Any nonprofit corporation to which property is conveyed pursuant to subsection A
of this section is exempt from property taxation by this state or any agency or
subdivision of this state and possesses and may exercise only those governmental powers
of the board of supervisors which are delegated to the nonprofit corporation by the board
of supervisors and which are necessary to satisfy the requirements of section 501 of the
internal revenue code, as specified in the terms, conditions, restrictions and agreements
to the conveyance agreement. These powers are in addition to those powers granted to a
nonprofit corporation by title 10, chapters 24 through 40.
D. Any nonprofit corporation to which property is conveyed pursuant to subsection A
of this section may issue bonds and incur obligations and pledge its revenues as security
for the payment thereof for health care institutional purposes to the extent provided by
the provisions of the conveyance agreement. Nothing in this section shall be construed
to authorize the incurrence of a debt by the county within the meaning of any
constitutional restriction on debt.
E. Except as provided in subsections F and G of this section, a nonprofit
corporation to which property is conveyed pursuant to subsection A of this section may
acquire by purchase, lease or otherwise, and may operate, other health care institutions
and real and personal property for purposes of providing products and services related to
the operation of health care institutions owned, leased or operated by it. Such
acquisition or operation does not affect the powers, rights, privileges or immunities
conferred on such nonprofit corporation by this section.
F. Any nonprofit corporation to which property is conveyed pursuant to subsection A
of this section shall not own, lease or operate a health care institution outside the
conveying county.
G. Until September 1, 1986 neither a board of supervisors nor a nonprofit
corporation to which property is conveyed pursuant to subsection A of this section shall
enter into any agreement with a nonprofit corporation which is a lessee as described in
section 15-1637, subsection A, if the agreement provides for the conveyance of any
ownership interest whatever in the nonprofit corporation to which property is conveyed
pursuant to subsection A of this section or in the property described in subsection A of
this section. After August 31, 1986, any such agreement must be approved by the ARIZONA
board of regents and the state legislature. This subsection does not prevent the grant
of an option to purchase such property, provided that the option may not be exercised
before September 1, 1986 and the exercise of the option must be approved by the ARIZONA
board of regents and the state legislature. Under no circumstances shall any state
general fund monies be used to acquire any interest in such property.
H. Any nonprofit corporation to which property is conveyed pursuant to subsection A
of this section shall make semiannual progress reports as to its financial status and
deliver them on January 1 and July 1 of each year to the president of the senate, the
speaker of the house of representatives and the governor. The nonprofit corporation
shall present an independently audited financial statement to the auditor general within
ninety days of the close of the previous fiscal year. The auditor general shall review
such statements and transmit them together with a report to officers entitled to receive
progress reports by this section.
I. For the purposes of this section:
1. "Health care institution" has the same meaning prescribed in section 36-401.
2. "Internal revenue code" has the same meaning prescribed in section 43-105.
3. "Nonprofit corporation" means a corporation as defined in section 10-3140.
11-256.04 Home equity conversion program; authorization; use of proceeds
A. A county, by resolution, may offer a home equity conversion program for persons
sixty years of age or older.
B. A county shall use any monies obtained from a home equity conversion program,
after payment of all costs and expenses, on programs for senior citizens.
11-256 Lease or sublease of county lands and buildings; exceptions
A. The board may lease or sublease, for a term not to exceed twenty-five years plus
an option to renew for an additional period not exceeding twenty-five years, any land or
building owned by or under the control of the county.
B. An experienced appraiser shall be appointed to determine the rental valuation of
such land or building.
C. Such land or building shall be leased or subleased at a public auction to the
highest responsible bidder, provided that the amount of bid is at least ninety per cent
of the rental valuation as determined by the appraiser, and subject to such other terms
and conditions as the board may prescribe.
D. Notice of a proposed lease or sublease shall be given by publication, once each
week for four consecutive weeks, in a newspaper of general circulation in the
county. The notice shall state the period and all material conditions of the proposed
lease, and the day on which the auction will be held, which shall be not less than thirty
days after last publication of the notice.
E. Subsections C and D do not apply to leases granting a leasehold interest to a
person or entity that owned, leased or otherwise possessed the property to be leased
immediately before purchase or acquisition by the county or to other persons or entities
leasing property for a term that would expire within four years after the purchase or
acquisition by the county. A lease entered into pursuant to this subsection shall be for
at least ninety per cent of, but not more than, the appraised rental valuation determined
pursuant to subsection B.
F. This section shall be construed as supplementary to and not in conflict with
other statutes governing or regulating powers of boards of supervisors. 11-257 Flood water control works; tax levy
A. When flood waters of a river, creek, channel or canyon injure or threaten to
injure a public road or highway, or public property, or become a menace to human life and
habitation, the board may build dikes, levees or other structures or aid in the
construction of such works to control the flood waters or lessen their destructive
effects.
B. For such purpose the board may appropriate and use in any one year from the
general fund an amount not to exceed fifteen cents on each one hundred dollars of taxable
property in the county. If there is not sufficient money in the general fund to meet the
appropriation, the board may issue certificates of indebtedness against the fund. When
the board uses money from the general fund for such purpose, it may, at the next general
levy of taxes, levy upon real and personal property within the county subject to
taxation, a tax sufficient to cover the amount so used not exceeding fifteen cents on
each one hundred dollars of assessable property, which shall be levied and collected at
the time and in the manner as other taxes. If at the time of such levy there has been no
expenditure of money for such purpose, but the board has made and perfected plans for the
construction of dikes, levees or other works for such purpose, it may levy a tax for
completion thereof not exceeding the amount authorized.
11-258 County fair fund; district fairs; operation of fair by corporation; county and state appropriations
A. The board may appropriate each year from the general fund a sum, which shall be
known as a county fair fund, as follows:
1. In counties having a census of two hundred thousand or more as determined by the
latest preceding federal decennial census, not more than one hundred thousand dollars.
2. In counties having a census of more than twenty-five thousand but less than two
hundred thousand as determined by the latest preceding federal decennial census, not more
than twenty-five thousand dollars.
3. In counties having a census of less than twenty-five thousand as determined by
the latest preceding federal decennial census, not more than fifteen thousand dollars.
The board may expend the money in aid of a county or district fair, or to make an exhibit
of the county's resources at the state fair. A district fair is one at which the boards
of two or more counties shall, by resolution entered upon their minutes, invite the
people of their respective counties to exhibit the resources of the county.
B. The money shall not be expended in aid of a fair conducted under the auspices of
any corporation, unless the stockholders of the corporation shall, by resolution entered
upon its minutes, provide that no dividends shall ever be paid upon its stock, and that
in the event of the dissolution of the corporation all money appropriated and expended by
any county in aid of the fair shall be repaid before any assets of the corporation shall
be distributed to its stockholders.
C. To encourage county and district fairs, there shall be paid from the general
fund of the state and from the appropriation for the state fair, a sum of not exceeding
one thousand dollars in any one year for any one county having a county or district fair
in such year. A county desiring to claim the benefits of this section shall certify to
the ARIZONA exposition and state fair board the fact that a county or district fair is
being held in the county during the year together with a statement of the amount
appropriated by the county for the current year for such fair, and upon order therefor by
the ARIZONA exposition and state fair board, the director of the department of
administration shall draw his warrant in favor of the county in the amount appropriated
by the county, not exceeding one thousand dollars. 11-259 County immigration commissioner
A. The board may appoint a county commissioner of immigration who shall hold office
for two years and shall receive an annual salary not exceeding six hundred dollars. The
commissioner shall:
1. Provide information requested by persons desiring to immigrate to the county or
make investments therein.
2. Correspond with immigration bureaus, chambers of commerce, tourists bureaus or
other commercial bodies, and provide data for the guidance of prospective immigrants or
tourists.
3. Furnish reliable information regarding localities in the county where the
settler or tourist may choose a home or make investments.
4. Issue maps and pamphlets on the resources of the county.
5. Promote tourist travel or the investment of capital, and distribute such
documents to insure their most useful circulation.
6. Assist nonprofit tourist attractions organized pursuant to title 10, chapters 24
through 40.
B. The commissioner may hire necessary clerks, prescribe their duties and fix their
compensation. Such expenditures shall be first authorized by the board when approving
the annual budget, and when so authorized shall be included in the amount to be collected
by the annual county tax levy.
C. Counties of the first class having a population of one hundred thousand or over,
as determined by the last official census of the United States, may expend a further sum
not exceeding two hundred thousand dollars annually for the purposes prescribed in this
section.
D. Counties of the first class having a population of less than one hundred
thousand, as determined by the last official census of the United States, may expend a
further sum not exceeding fifty thousand dollars annually for the purposes prescribed in
this section.
E. Counties of the second class may expend a sum not exceeding ten thousand dollars
annually for the purposes prescribed in this section.
F. Counties of the third class may expend a sum not exceeding five thousand dollars
annually for the purposes prescribed in this section.
11-260 Payment of outstanding taxes, penalties and interest on acquiring property
A. If a county acquires real or personal property, whether by purchase, exchange,
condemnation, gift or otherwise, the board of supervisors 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 county:
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.
11-261 Authority to procure liability and errors and omissions insurance covering officers, agents and employees
A. Counties may expend public funds to procure liability insurance covering their
officers, agents, and employees while engaged in governmental or proprietary capacities.
B. Counties may expend public funds to procure errors and omissions insurance
covering those county officers, agents and employees subject to the provisions of
sections 11-449, 11-477 or 11-543.
C. A county may elect to self insure and may as a part of a plan of self insurance,
bind itself to its officers, agents and employees, to defend them and hold them harmless
against the claims of third persons arising out of acts and omissions committed while
acting in the capacity of an officer, agent or employee of the county.
11-262 Contribution to arts organizations
The board of supervisors of a county may appropriate monies each year from the
general fund to support an arts support fund. The board may expend the monies in aid of
the following:
1. Any arts organizations operated and maintained within the boundaries of the
county for the benefit of the public by any nonprofit corporation in the county as long
as the nonprofit corporation has and maintains its federal tax-exempt status and its
status as a corporation to which donations are deductible for the purpose of computing
federal income tax.
2. Any arts organizations operated and maintained by any incorporated city or town
in the county.
11-263 Authorization to procure insurance for county employees and dependents; expenditure of public funds; employee payments; retired county employees; group health and accident coverage; public funds authorization
A. The board of supervisors may adopt a system of insurance for the benefit of
county elected officials and employees. The board may procure health, life, accident and
disability insurance for the benefit of such elected officials and employees from any
insurer licensed to do business in the state of ARIZONA and pay the whole or any part of
the premiums upon such insurance from public funds. Public funds shall not be spent for
life insurance in excess of fifty thousand dollars or the amount of the salary annually
paid to the elected official or employee, whichever is more. The board may procure
health and accident coverage for the dependents of such elected officials and employees
and pay all or any part of the premium upon the insurance from public funds. The board
may deduct from the compensation of such employees and elected officials, and apply to
the payment of such premiums, that part thereof determined by the board to be payable by
the employees and elected officials. Such deductions shall be made only from those
employees and elected officials who have voluntarily agreed in writing to participate in
the program.
B. The board of supervisors may enter into agreements to establish group health and
accident coverage for former county employees who are retired and receiving income from a
retirement program of this state and their dependents. The agreements may provide that
all or any portion of the former employees or their dependents may be grouped with
officers and employees of the county or their dependents as necessary to obtain health
and accident coverage at favorable rates.
C. The state retirement system board is authorized to enter into agreements with
retired county employees who elect to obtain the coverage provided in subsection B. Such
agreements may include provision for the deduction from the retirement benefits of
participants of a retirement program of this state who elect to obtain such coverage of
amounts sufficient to pay for the premium and administrative expense of providing such
coverage.
D. Public funds shall not be expended to pay all or any part of the premium of
insurance pursuant to subsection B, except that in a county with a population of more
than three hundred thousand persons, public funds may be expended to pay all or any part
of the premium of insurance pursuant to subsection B.
11-264.01 Additional bonding authority; security for payment; definition
A. In addition to other bonding authority of the board of supervisors the board of
any county authorized to operate a sewerage system pursuant to provisions of section
11-264 may issue bonds for the construction, acquisition or improvement of such
system. All principal and interest of bonds issued by a county are payable solely out of
the revenues, proceeds and receipts derived from the operation of the county sewerage
system or out of the proceeds of bonds issued under this section or of any revenues,
proceeds and receipts of such bonds as are specified in the proceedings of the board of
supervisors in which the bonds are authorized to be issued.
B. No bonds shall be issued without the assent of a majority of the qualified
electors voting at an election held within the county in the manner prescribed for the
authorization of municipal bonds for financing utilities pursuant to sections 9-523
through 9-528 inclusive.
C. The bonds prescribed by subsection A of this section may:
1. Be executed and delivered by the county at any time.
2. Be in such form and denominations and of such tenor and maturities.
3. Be in registered or bearer form either as to principal or interest or both.
4. Be payable in such installments and at such time or times not exceeding forty
years from the date of issuance.
5. Be payable at such place or places within or without this state.
6. Bear interest at such rate or rates, but not exceeding the maximum rate set
forth in the ballot, payable at such time or times and at such place or places and
evidenced in such manner.
7. Be executed by the chairman of the board of supervisors and in such manner, and
contain provisions not inconsistent with this section, as provided in the proceedings of
the board of supervisors in which the bonds are authorized to be issued.
D. If deemed advisable by the board of supervisors, there may be retained in the
proceedings in which any bonds of the county are authorized to be issued an option to
redeem all or any part of the bonds as may be specified in the proceedings, at such price
or prices and after such notice or notices and on such terms and conditions as are
provided in the proceedings and as may be briefly recited on the face of the bonds, but
nothing in this article shall be construed to confer on the county any right or option to
redeem any bonds except as may be provided in the proceedings under which they are
issued.
E. Any bonds of the county may be sold by calling for bids at public sale, through
an on-line bidding process or through an accelerated bidding process as follows:
1. If sold under an accelerated bidding process, the bonds shall be sold at the
lowest cost the board of supervisors considers to be available after receiving at least
three pricing quotations from recognized purchasers of bonds of the type being sold.
2. If sold at public sale or through an on-line bidding process, the bonds shall be
sold to the person offering the best bid.
3. If bonds are sold at public sale, the board of supervisors shall call for bids
by giving notice at least once a week for two successive weeks by publication in a
newspaper of general circulation within the county. The notice shall be in such form as
the board of supervisors prescribes.
4. 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 county before a
specified time and may be for an entire issue or specified maturities according to the
manner, terms and notice provisions ordered by the board of supervisors.
5. The bonds may be sold below, at or above par. If the bonds are sold below par,
the aggregate amount of the discount plus interest to be paid on the bonds may not exceed
the amount of interest that would be payable on the bonds over the maturity schedule
prescribed by the board of supervisors at the maximum rate stated in the resolution
calling the election at which the bonds were approved.
6. The bids shall be for the entire bond issue unless the board of supervisors
allows bidding in parcels for less than the entire issue.
7. The county may pay all expenses, premiums and commissions which its board of
supervisors deems necessary or advantageous in connection with such issuance.
8. Issuance by the county of one or more series of bonds does not preclude it from
issuing other bonds in connection with the same project or any other project, but
proceedings in which any subsequent bonds may be issued shall recognize and protect any
prior pledge made for any prior issue of bonds.
F. Bonds may be sold to natural persons residing in this state by negotiated sale
on terms the board of supervisors considers to be the best available. The bonds may bear
interest payable at times determined by the board of supervisors. The bonds may be sold
below, at or above par. If the bonds are sold below par, the aggregate amount of discount
plus interest to be paid on the bonds may not exceed the amount of interest that would be
payable on the bonds over the maturity schedule prescribed by the board of supervisors at
the maximum rate set out in the resolution calling the election at which the bonds were
approved.
G. Pending preparation of the actual bonds, the board of supervisors may issue
interim receipts or certificates to the purchasers of the bonds in the form and with the
provisions the board determines.
H. Any outstanding bonds of the county may at any time be refunded by the county by
the issuance of its refunding bonds in such amount as the board of supervisors may deem
necessary but not exceeding an amount sufficient to refund the principal of the bonds to
be refunded, together with any unpaid interest on the bonds and any necessary premiums
and commissions. Any such refunding may be effected whether the bonds to be refunded
have matured or shall thereafter mature, either by sale of the refunding bonds and the
application of the proceeds for the payment of the bonds to be refunded or by the
exchange of the refunding bonds for the bonds to be refunded with the consent of the
holders of the bonds to be refunded, and regardless of whether the bonds to be refunded
were issued in connection with the same projects or separate projects and regardless of
whether the bonds proposed to be refunded are payable at the same date or different dates
or are due serially or otherwise.
I. All such bonds and interest coupons applicable to the bonds are negotiable
instruments.
J. Bonds issued under this section may bear interest at any rate or rates not in
excess of the maximum rate of interest stated in the resolution calling the election.
Interest is payable at the times determined by the board of supervisors, except that each
such bond may be evidenced by one instrument or, if commercial paper, by a succession of
instruments each bearing interest payable only at maturity. Bonds or commercial paper
issued under this section are subject to the following:
1. The bonds may bear interest at a fixed, variable or combination rate, none of
which exceeds the maximum rate of interest stated in the resolution calling the election.
2. A variable rate shall be based on any objective measure of the current value of
money borrowed such as the announced prime rate of a bank, the rates borne by obligations
of the United States or an index or other formula provided for by the board of
supervisors. The board of supervisors shall employ a recognized agent in municipal bonds
to market and remarket the bonds or commercial paper issued and to establish an interest
rate pursuant to the approved index or formula.
3. The board of supervisors may grant to the owner of any bond a right to tender or
may require the tender of the bond for payment or purchase at one or more times before
maturity and may enter into appropriate agreements with any financial institution,
insurance company or indemnity company for the purchase of bonds so tendered. The
agreement may provide that while the bonds are held by the financial institution,
insurance company or indemnity company the bonds may bear interest at a rate higher than
when the bonds are held by other owners, but not exceeding the maximum rate of interest
stated in the resolution calling the election.
4. If bonds are tendered before maturity under an agreement to pay for or purchase
bonds when tendered, the county may provide for the purchase and resale of the bonds
pursuant to the tenders without extinguishing the obligation they represent or incurring
a new obligation on the resale, whether or not those bonds are represented by the same
instruments when purchased as when resold.
5. Compensation for the resale of the bonds shall not be based on or measured by
the difference between the price at which the bonds are purchased and the price at which
they are resold.
6. The board of supervisors may:
(a) Contract with a financial institution, insurance company or indemnity company to
provide additional security for the bonds in the form of a line of credit, letter of
credit, insurance policy or other security.
(b) Pay the costs of the additional security from amounts provided in the bond issue
or from other available sources and may enter into reimbursement obligations in
connection with the cost of the additional security.
7. Any reimbursement obligation entered into with the financial institution,
insurance company or indemnity company shall not provide for the payment of interest in
excess of the maximum rate of interest stated in the resolution calling the
election. The reimbursement obligation does not constitute a general obligation of the
county and is payable from the same source as the bonds, or from other available
revenues, as determined by the board of supervisors. The use of such other available
revenues does not create indebtedness of the county under article IX, section 8,
Constitution of ARIZONA.
8. Variable rate bonds and commercial paper may be sold at competitive public sale,
through an on-line bidding process or at negotiated sale. A competitive public sale may
be accomplished pursuant to a notice of sale published at the times and in the manner
provided in this section. The notice shall include the terms and conditions determined
by the board of supervisors.
9. If bonds are to be issued in the form of commercial paper, the board of
supervisors shall first establish the schedule for the maturities of the bonds within the
maximum period permitted by the voted proposition. The individual instruments
representing the bonds may mature over shorter periods and may be retired before maturity
with proceeds of subsequent instruments or with the proceeds of definitive bonds, but
they shall be finally paid according to the schedule of bond maturities or earlier.
10. Bonds issued in the form of commercial paper may be sold through an agent in the
form of instruments that mature at intervals the agent determines to be most advantageous
to the issuer after giving public notice to potential investors as determined by the
board of supervisors.
11. Bonds may be issued as compound interest bonds bearing interest payable only at
maturity but compounded periodically until that date at a fixed rate no higher than the
rate set forth in the resolution calling the election.
K. A county may submit to the attorney general all proceedings for the issuance of
bonds to be issued under this article after all proceedings for their issuance have been
taken, and thereupon it shall be the duty of the attorney general to pass upon the
validity of the bonds and the regularity of the proceedings authorizing their
issuance. If such proceedings conform to the provisions of this article, and the bonds
when delivered and paid for will constitute binding and legal obligations of the county
according to the terms thereof, the attorney general shall certify in substance that the
bonds are issued in accordance with the constitution and laws of this state.
L. For purposes of this section, "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.
11-264.02 Bonds; legal investments
Bonds issued pursuant to this article are legal investments for all banks, trust
companies and insurance companies organized and operating under the laws of this state.
11-264.03 Exemptions
A. Bonds issued pursuant to this article are exempt from any and all statutory debt
limitations and budget requirements applicable to a county.
B. Until payment of all bonds issued for sewer construction, acquisition or
improvement and the expiration of the fiscal year in which the bonds are paid in full,
neither the receipts from operation of the sewerage system nor expenditures from sources
other than taxes, in connection with the operation of such sewerage system including debt
service on bonds shall be subject to the provisions of title 42.
11-264.04 Security for payment
Revenues, proceeds and receipts derived from the operation of the county sewerage
system are the security for the payments of the bonds issued under this article.
11-264.05 Issuance of bonds
Except as otherwise expressly provided, the bonds authorized pursuant to section
11-264.01 shall be issued in accordance with the provisions of sections 9-530, 9-531,
9-532, 9-533 and 9-535.
11-264.06 Acquisition of sewerage system from municipality; retirement of related bonds of municipality
If a county authorized to operate a sewerage system pursuant to section 11-264
acquires all or any portion of a sewerage system from any incorporated city or town,
which sewerage system or portion thereof has been constructed, acquired or improved with
proceeds from bonds of any type issued by such city or town, the acquiring county shall
provide to the city or town sufficient funds to provide for payment of all principal and
interest on any of such bonds remaining outstanding and unpaid as the same becomes
due. Until the total amount due or to become due on such bonds has been provided to the
incorporated city or town, the acquiring county shall prescribe sewer connection and
service charges, and shall revise them when necessary, so that the sewerage system shall
produce revenues sufficient to pay the following:
1. Bonds, and interest thereon, issued by the county pursuant to the authority
granted in section 11-264.01.
2. Expenses of operation, maintenance, repair and replacement of facilities.
3. Bonds, and interest thereon, issued to construct, acquire or improve the
sewerage system by the incorporated city or town from which the county acquired the
facilities.
11-264 Authority to operate a sewage system; liens; sewage system user fees
A. Any county with a population between five hundred thousand and one million
persons according to the most recent United States decennial census may purchase,
construct or operate a sewage system, including the collection, transportation, pumping,
treatment and disposal of sewage, and charge fees and levy taxes therefor, provided the
county secures the assent by resolution of the governing bodies of those incorporated
cities and towns representing not less than one-half of the population of the county
prior to purchase, construction or operation of a sewage system, provided that once an
initial assent is given no further assent is necessary to operate or improve the system.
B. The provisions of this section are declaratory of existing law and shall not
affect the validity of the authorization or issuance of any bonds by a county for sewage
purposes.
C. A county may file a lien on property for the nonpayment of sewage system user
fees for services provided to the property if the payment of the fees is delinquent for
more than ninety days.
D. Before filing the lien, the county shall provide written notice to the owner of
the property. The notice shall be given at least thirty days before filing the lien and
shall include an opportunity for a hearing with a designated county official. The notice
shall be either personally served or mailed to the property owner, at the last known
address by certified mail, or to the address to which the tax bill for the property was
last mailed. If the owner does not reside on the property, the notice shall be sent to
the last known address.
E. The unpaid sewage system user fees, from the date of recording in the office of
the county recorder in the county in which the property is located, are a lien on the
property until the fees are paid. The lien is subject and inferior to the lien for
general taxes and to all prior recorded mortgages and encumbrances of record. A sale of
the property to satisfy a lien obtained under this section shall be made on judgment of
foreclosure and order of sale. A county may bring an action to enforce the lien in the
superior court in the county in which the property is located at any time after the
recording, but failure to enforce the lien by this action does not affect its
validity. The recorded unpaid sewage system user fees are prima facie evidence of the
truth of all matters recited in the recording and of the regularity of all proceedings
before the recording.
F. Unpaid sewage system user fees pursuant to this section accrue interest at the
rate prescribed by section 44-1201.
G. A prior assessment of unpaid sewage system user fees for the purposes provided
in this section does not bar a subsequent assessment for these purposes and any number of
liens on the same lot or tract of land may be enforced in the same action.
H. The provisions of subsection C of this section do not apply to residential
property occupied by a lessee where the lessee is responsible for payment of the sewage
system user fees. The county shall determine the status of leased residential property
prior to filing the lien.
11-265 Authority to provide allowances
Counties may expend public funds to provide clothing allowances for county officers,
agents and employees who are engaged in public safety work, when such clothing is
regarded as a condition of employment, and the county may reimburse such officers, agents
and employees for clothing damaged or destroyed in the line of duty.
11-266 Immunity from personal liability
Members of boards of supervisors are immune from personal liability with respect to
all acts done and actions taken in good faith within the scope of their authority during
duly constituted regular and special meetings with the approval of a majority of the
board.
11-267 Services to the disabled and aged
A. Any county may implement programs to provide services to disabled persons or
persons sixty years of age or older, and may contract with federal, state, local or other
providers for the provision of these services.
B. As used in this section, "services" may include, but not be limited to, nursing
care, sheltered care, day care, home maintenance, housekeeping, transportation and
nutrition services.
11-268 Removal of rubbish, trash, weeds, filth, debris and dilapidated buildings; violation; classification; removal by county; costs assessed; collection; priority of lien; definition
A. The board of supervisors, by ordinance, shall compel the owner, lessee or
occupant of buildings, grounds or lots located in the unincorporated areas of the county
to remove rubbish, trash, weeds, filth, debris or dilapidated buildings which constitute
a hazard to public health and safety from buildings, grounds, lots, contiguous sidewalks,
streets and alleys. Any such ordinance shall require and include:
1. Reasonable written notice to the owner, any lienholder, occupant or lessee. The
notice shall be given not less than thirty days before the day set for compliance and
shall include the estimated cost to the county for the removal if the owner, occupant or
lessee does not comply. The notice shall be either personally served or mailed by
certified mail to the owner, occupant or lessee at his last known address, or the address
to which the tax bill for the property was last mailed. If the owner does not reside on
the property, a duplicate notice shall also be sent to the owner at the owner's last
known address.
2. Provisions for appeal to the board of supervisors on both the notice and the
assessments.
3. That any person, firm or corporation that places any rubbish, trash, filth or
debris upon any private or public property located in the unincorporated areas of the
county not owned or under the control of the person, firm or corporation is guilty of a
class 1 misdemeanor and, in addition to any fine which may be imposed for a violation of
any provision of this section, is liable for all costs which may be assessed pursuant to
this section for the removal of the rubbish, trash, filth or debris.
B. The ordinance may provide that if any person with an interest in the property,
including an owner, lienholder, lessee or occupant of the buildings, grounds or lots,
after notice as required by subsection A, paragraph 1, does not remove the rubbish,
trash, weeds, filth, debris or dilapidated buildings and abate the condition which
constitutes a hazard to public health and safety, the county may, at the expense of the
owner, lessee or occupant, remove, abate, enjoin or cause the removal of the rubbish,
trash, weeds, filth, debris or dilapidated buildings.
C. The board of supervisors may prescribe by the ordinance a procedure for such
removal or abatement and for making the actual cost of such removal or abatement,
including the actual costs of any additional inspection and other incidental costs in
connection with the removal or abatement, an assessment upon the lots and tracts of land
from which the rubbish, trash, weeds, filth, debris or dilapidated buildings are removed.
D. The ordinance may provide that the cost of removal, abatement or injunction of
the rubbish, trash, weeds, filth, debris or dilapidated buildings from any lot or tract
of land located in the unincorporated areas of the county and associated legal costs be
assessed in the manner and form prescribed by ordinance of the county upon the property
from which the rubbish, trash, weeds, filth, debris or dilapidated buildings are removed,
abated or enjoined. The county shall record the assessment in the county recorder's
office in the county in which the property is located, including the date and amount of
the assessment and the legal description of the property. Any assessment recorded after
the effective date of this amendment to this section is prior and superior to all other
liens, obligations or other encumbrances, except liens for general taxes and prior
recorded mortgages. A sale of the property to satisfy an assessment obtained under this
section shall be made on judgment of foreclosure and order of sale. The county may bring
an action to enforce the lien in the superior court in the county in which the property
is located at any time after the recording of the assessment, but failure to enforce the
lien by such action does not affect its validity. The recorded assessment is prima facie
evidence of the truth of all matters recited in the assessment and of the regularity of
all proceedings before the recording of the assessment.
E. Assessments that are imposed under subsection D run against the property until
they are paid and are due and payable in equal annual installments as follows:
1. Assessments of less than five hundred dollars shall be paid within one year
after the assessment is recorded.
2. Assessments of five hundred dollars or more but less than one thousand dollars
shall be paid within two years after the assessment is recorded.
3. Assessments of one thousand dollars or more but less than five thousand dollars
shall be paid within three years after the assessment is recorded.
4. Assessments of five thousand dollars or more but less than ten thousand dollars
shall be paid within six years after the assessment is recorded.
5. Assessments of ten thousand dollars or more shall be paid within ten years after
the assessment is recorded.
F. A prior assessment for the purposes provided in this section is not a bar to a
subsequent assessment or assessments for such purposes, and any number of liens on the
same lot or tract of land may be enforced in the same action.
G. Before the removal of a dilapidated building the board of supervisors shall
consult with the state historic preservation officer to determine if the building is of
historical value.
H. If a county removes a dilapidated building pursuant to this section, the county
assessor shall adjust the valuation of the property on the property assessment tax rolls
from the date of removal.
I. As used in this section occupant does not include any corporation or association
operating or maintaining rights-of-way for and on behalf of the United States government,
either under contract or under federal law.
J. As used in this section, "dilapidated building" means any real property
structure that is in such disrepair or is damaged to the extent that its strength or
stability is substantially less than a new building or it is likely to burn or collapse
and its condition endangers the life, health, safety or property of the public.
11-269.01 Compensation for loss of property value
In addition to the procedures established for the taking of property by eminent
domain under title 12, chapter 8, article 2, a board of supervisors may establish, by
ordinance or for individual cases, procedures to compensate property owners for any
reduction in value of or negative impact on property as a result of a county ordinance,
regulation or other activity.
11-269.02 Public facilities; voter approval; exemptions
A. Notwithstanding any other law, a county with a population of more than one
million five hundred thousand persons according to the most recent United States
decennial census shall not spend public monies, grant tax concessions or relief, incur
debt or exchange property in any combined amount or value totaling more than three
million dollars to construct or aid in the construction of an amphitheater, a sports
facility, arena or complex or a convention facility, arena or complex without presenting
the proposed expenditure to the qualifying electors of the county with a population of
more than one million five hundred thousand persons according to the most recent United
States decennial census and approval of the expenditure by a majority of those voting in
the election.
B. This section does not apply to an expenditure for a park, parkway, trail,
recreational area or playground established, maintained or administered by a county with
a population of more than one million five hundred thousand persons according to the most
recent United States decennial census that was not developed primarily for the commercial
use of a private enterprise or collection of private enterprises.
11-269.03 Acceleration agreements; loan repayment agreements A. A county may enter into agreements with the department of transportation for the acceleration of right-of-way acquisition, design or construction of an eligible project as defined in section 28-7671 and may advance monies to the department of transportation pursuant to those agreements. Any political subdivision may pledge excise taxes to the repayment of all or any part of the principal, premium, if any, and interest on any borrowing to fund the advance. B. A county may assign the right to receive payment under the agreement entered into pursuant to subsection A of this section to a trustee. C. A county may pledge its excise taxes to the repayment of all or any part of the principal, premium, if any, and interest on any borrowing to fund the advance and make such other covenants and agreements as may be appropriate. D. A loan repayment agreement as defined in section 28-7671 entered into by a county may be paid from and may be secured by a pledge of highway user revenues received by the county from this state pursuant to title 28, chapter 18, article 2 and section 42-6107. The pledge may be on a parity with any pledge previously or hereafter made by the county pursuant to section 11-379. If a county pledges those highway user revenues to a loan repayment agreement, the principal and interest requirements on the loan repayment agreement may be treated as if they were principal and interest on bonds issued under article 12 of this chapter for all purposes of sections 11-378 and 11-380. 11-269.04 Condemnation actions; interest
Interest on a judgment in a condemnation proceeding instituted by the county,
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 board of supervisors
and that makes and publishes data sufficient to determine the prime rate of interest.
11-269.05 Vehicle refueling apparatus
Notwithstanding any other law and because the legislature finds it is a matter of
statewide concern, a county shall not effectively prohibit the installation or use of a
vehicle refueling apparatus as defined in section 43-1086.01. This section does not
preclude a county from ensuring the proper installation of a vehicle refueling apparatus
to protect public health and safety.
11-269.06 County assessor's property information storage and retrieval conversion and maintenance fund; purpose; special recording surcharge (Rpld. 1/1/07) A. Beginning from and after December 31, 2001, a county assessor's property information storage and retrieval conversion and maintenance fund may be established in each county having a population of five hundred thousand persons or less, consisting of monies received pursuant to subsection C. B. The board of supervisors shall administer the fund and, in cooperation with the county assessor, spend the monies in the fund in order to defray the cost of converting the county assessor's property information storage and retrieval system to micrographics or computer automation. Monies in the fund may only be used for purchasing hardware and software, including a graphical information system, and training employees to operate the system. Monies in the fund shall not be used for expenses other than for the acquisition of the county assessor's automation system. If the expenditures are determined by the auditor general to be improper and inconsistent with this section, the county general fund shall reimburse the county assessor's property information storage and retrieval conversion and maintenance fund for all improper and inconsistent expenditures. C. In addition to any other fee charged pursuant to this article, the board of supervisors may assess a special recording surcharge of not more than four dollars for each instrument, paper or notice filed with the county recorder, unless the document is exempt from recording fees or surcharges by law. ARIZONA health care cost containment system documents shall not be subject to this surcharge. The county recorder shall collect all monies for the county assessor's property information storage and retrieval conversion and maintenance fund. All monies received pursuant to this subsection shall be transmitted to the county treasurer and deposited in the county assessor's property information storage and retrieval conversion and maintenance fund. D. Implementation of the fees described in subsection C shall require the approval of the board of supervisors. Any resolution of the board of supervisors implementing such fees shall contain the following: 1. A determination of the total amount of monies and schedule of the time required to implement the systems provided for in subsection B. 2. An estimate of the annual fees to be collected pursuant to subsection C. 3. An automatic repeal of the authority to impose and collect the fees established by subsection C when monies actually collected equal the total amount of monies determined by paragraph 1 of this subsection or the original time schedule is completed. E. The county recorder shall annually submit to the board of supervisors the amount of projected revenues to be raised for the county assessor's property information storage and retrieval conversion and maintenance fund pursuant to this section. If projected revenues of the fund are deemed insufficient to pay for conversion costs, fund monies may accumulate until sufficient monies are available in the fund. 11-269.07 Annexation to city or town; small county islands
A board of supervisors may require annexation to a city or town of any territory of
the county that consists of an entire parcel that is ten acres or less and that is
completely surrounded by the city or town in accordance with the following procedures:
1. Written notice of the proposed annexation and the public hearing required by
paragraph 2, together with a document setting forth a description and an accurate map of
the exterior boundaries of the territory to be annexed, shall be given to the city or
town and mailed by first class mail to each owner of real property in the territory
proposed for annexation. Notice to each owner of railroad property must be mailed to the
address on file with the county assessor's office for property tax purposes. The notice
shall also be posted in three conspicuous public places in the territory proposed for
annexation.
2. Unless a petition is filed pursuant to paragraph 3 or a resolution is passed
pursuant to paragraph 4, the board of supervisors shall hold a public hearing not less
than ninety days after the notices are provided pursuant to paragraph 1 and the
annexation shall become final after an affirmative vote of two-thirds or more of the
board members to annex the territory.
3. If a majority of the real property owners in the territory proposed for
annexation file a written petition containing their signatures and objecting to the
annexation within sixty days after the notices are provided pursuant to paragraph 1, the
annexation shall not proceed.
4. If an affected city or town passes a resolution objecting to the annexation
within sixty days of the mailing required by paragraph 1 of this section, the annexation
shall not proceed. If a city or town passes a resolution objecting to the annexation, the
city or town shall file with the clerk of the board of supervisors a copy of the
resolution and shall notify the real property owners in the territory by first class mail
that the annexation shall not proceed.
11-269.08 Work centers; aliens; prohibition
A county shall not construct or maintain a work center if any part of the center is
to facilitate the knowing employment of an alien who is not entitled to lawful residence
in the United States. 11-269 Recycling and waste reduction
A county shall provide its residents with an opportunity to engage in recycling and
waste reduction.
11-271 Authority to erect county buildings; bond issue; limitation
When the aggregate indebtedness of a county does not exceed six per cent of the
value of the taxable property within the county as ascertained by the last property tax
assessment, and the county has no suitable courthouse, jail or other county buildings,
the board may erect them, and for that purpose and for purchasing the land for such
buildings, may issue on behalf of the county bonds not exceeding in the aggregate an
amount which, when added to the then existing indebtedness of the county, does not exceed
six per cent of the value of the taxable property of the county. The board shall first
adopt and enter a resolution of intention to issue the bonds and erect the building,
stating the public need for the building, the estimated cost and the amount of the bonds
to be issued.
11-272 Bonds; interest limitation; form
A. The bonds authorized to be issued by section 11-271 shall bear interest at a
rate or rates set forth in the accepted bid, payable semiannually, and shall be issued in
such denominations, not less than one hundred dollars each, as the board may direct. The
bonds shall be signed by the chairman and attested by the clerk of the board, and shall
be in substantially the following form:
"No. _______ The county of ________ in the state of ARIZONA, for value received,
promises to pay to _________ or order, at the office of the treasurer of said county in
__________, on the first day of ________, or at any time before that date, at the
pleasure of the county, the sum of __________ dollars, with interest at the rate of
___________ per cent, per annum, payable at the office of said treasurer semiannually on
the first days of ___________ and _________ in each year on presentation and surrender of
the interest coupons hereto attached. This bond is issued by the board of supervisors
under the provisions of sections ____________ to ____________, inclusive, revised
statutes of ARIZONA, 19__, and in conformity with a resolution of said board, dated
____________ day of __________, 19__ (Seal.)
In testimony whereof the said county, by its board of supervisors has caused this
bond to be signed by the chairman of the board and attested by the clerk of the board,
with the county seal attached, this __________ day of ___________, 19__."
B. The interest coupons shall be in the following form:
"$____________ The treasurer of __________ county, ARIZONA, will pay to the holder
hereof, on the ____________ day of ____________, 19__, at his office _____________,
___________ dollars for interest on county bond no. ___________."
11-273 Sale of bonds; disposition of proceeds
A. When the bonds are executed, numbered consecutively and sealed, they shall be
delivered to the county treasurer, and his receipt taken therefor, and he shall stand
charged with all bonds delivered to him and the proceeds thereof.
B. The treasurer shall sell the bonds under the direction and with the approval of
the board for not less than par and accrued interest, and the proceeds of the sale shall
be used exclusively for the purpose for which issued and as stated in the resolution.
C. The bonds shall be sold to the highest bidder for any part of them after
advertising for bids therefor for not less than three weeks in some newspaper of general
circulation in the county and in such other newspapers as the board may direct, the right
being reserved to reject any or all of the bids.
11-274 Bond register
A. The treasurer shall keep a register of all bonds sold by number, date of sale,
amount, date of maturity and the name and address of the purchaser.
B. When a bond is sold by a holder, the purchaser shall notify the treasurer of the
purchase, giving the number of the bond and his address, and every transfer shall be
noted on the register.
11-275 Tax levy to pay bonds and interest; debt service fund
A. The board shall cause to be assessed and levied each year upon the taxable
property of the county, in addition to the levy authorized for other purposes, an amount
sufficient to pay the interest on outstanding bonds and such proportion of the principal
that at the end of five years the amount raised from the levy shall equal at least twenty
per cent of the amount of bonds issued, and at the end of nine years shall equal at least
forty per cent of the amount, and at and before the date of maturity of the bonds shall
equal the whole amount of the principal and interest.
B. The money raised by the levy shall be known as the debt service fund and shall
be used only for payment of bonds and interest coupons. The treasurer shall keep in his
books a separate account thereof, which shall at all times show the exact condition of
the debt service fund.
C. If there is not at any time sufficient monies in the fund to pay the interest
due on the bonds, the board may transfer a sufficient sum from the general fund to the
debt service fund for such purpose, and any excess in the fund over the amount required
for principal and interest on the bonds may be transferred to the general fund.
11-276 Redemption of bonds; notice; effect of failure to present bonds
When, after setting aside the amount required to pay the interest maturing before
the next levy, the debt service fund is sufficient to redeem one or more bonds, the
treasurer shall notify the bond owners in writing that he is prepared to pay them, with
the accrued interest, and that if not presented for payment or redemption within forty
days after the date of the service or mailing of the notice, the interest on the bond
shall cease. If the bonds are not so presented, interest shall cease and the amount due
shall be set aside for its payment when presented. Payment of bonds shall be made in the
order of their issuance, beginning at the lowest number. The notice required by this
section shall be directed to the address of the owner as shown by the record.
11-281 Bond election; industrial pursuits fund
A. The board of supervisors may, and upon petition of fifteen per cent of the
property taxpayers of the county who are also qualified electors shall, call an election
of the taxpayers to determine whether bonds of the county shall be issued and sold for
the purpose of constructing, installing and operating an industrial plant for the
manufacture of materials or commodities for use in the construction of public highways or
other public works of the county.
B. When the bonds of a county are authorized at the election and are issued and
sold, then the county may own or lease and operate the plants for which the bonds were so
authorized in any county of the state.
C. The election shall be called and conducted and the results returned and
canvassed as in other bond elections conducted by counties. The bonds shall be sold by
the board in the same manner as other county bonds.
D. The proceeds shall be placed in a special fund in the county treasury known as
the "industrial pursuits fund," which shall be used only for the purposes for which the
bonds were authorized.
11-282 Construction of industrial plant; bidding; bond
A. When the proceeds of the bonds are deposited in the treasury, the board of
supervisors shall prepare plans and specifications for the plant and equipment, and
thereupon shall advertise for bids for the construction and installation of the plant and
equipment, in accordance with the plans and specifications, by publishing a notice
calling for bids thereon for ten days in a daily or two weeks in a weekly newspaper.
B. The contract shall be let to the lowest responsible bidder, who shall give such
bond or bonds as are required under the provisions of title 34, chapter 2, article 2, but
the board may contract for any part of the work the cost of which does not exceed one
thousand dollars without calling for bids. The board may reject any and all bids
received and may advertise again.
11-283 Industrial plant employees; salaries
A. The board may employ engineers and other employees to assist the board and to
draft the plans and specifications. The board shall employ a manager to have charge of
the operation and maintenance of the plant who shall be skilled in the line of his duties
and required to give bond for the faithful performance of his duties in such amount as
the board requires.
B. The manager and engineers and other employees necessary for the establishment
and operation of the plant shall be paid salaries fixed by the board.
11-284 Sale of industrial products
A. The products of the plant shall be furnished to any board or officer of the
county for the construction of any public improvement for the county, at a price based on
the cost of manufacture including taxes levied to retire the bonded indebtedness. The
board or officer may purchase such products without advertisement for bids and pay for
them from funds available for such county work.
B. The products may also be sold, or exchanged for other materials required for
public improvements, to other counties and persons, but the price when sold for private
purposes shall be the same to all persons for any given quantity, and not less than the
price currently being charged the board or officer of the county.
11-291 Hospitalization and medical care of the sick
A. Except as provided in sections 11-293 and 36-183.01 and title 36, chapter 29,
the board of supervisors may provide for the hospitalization and medical care of the sick
in the county and, to the extent that such expenses are not covered by a third party
payor, to persons under the supervision of a county corrections agency. For the purposes
of this subsection, third party payor does not include the ARIZONA health care cost
containment system or the ARIZONA long-term care system and hospitalization and medical
care does not include long-term care.
B. The board may employ physicians and other persons necessary to accomplish the
purpose of this section.
C. In carrying out the powers and duties prescribed by section 11-251, paragraph 5
and subsection A of this section and for health care education purposes, the board may
contract with any qualified person or entity to provide all or a part of the
services. Such contracts may be for a term of not more than ten years.
D. The board may enter into contracts for the operation of a county health care
system for a term of not more than five years pursuant to procedures adopted by the
board. The procedures shall require the exercise of sound business judgment and efforts
to obtain contracts that are the most advantageous to the county.
E. The county is entitled to a lien for the charges for any services provided by
the hospital or medical care and treatment of an injured person or the provision of
long-term care services for which it is responsible pursuant to subsection A of this
section or section 11-293, on any and all claims of liability or indemnity for damages
accruing to the person to whom hospital or medical service is rendered, or to the legal
representative of such person, on account of injuries giving rise to such claims and that
necessitated the hospital or medical care and treatment. Recovery of charges pursuant to
this subsection shall be in a manner as nearly as possible the same as the procedures
prescribed in section 36-2915.
F. A person who receives services pursuant to this article to that extent only
shall assign to the county by operation of law that person's rights to all types of
medical benefits to which the person is entitled, including first party medical benefits
under automobile insurance policies. The county has a right to subrogation against any
other person or firm to enforce the assignment of medical benefits. The requirements of
this subsection control over the provisions of any insurance policy that provides
benefits to a person if the policy is inconsistent with this subsection. 11-292 Medical care; definition
A. The board of supervisors, subject to the applicable provisions of title 42,
chapter 17, articles 2 and 3, shall include in its annual budget an amount equal to fifty
per cent of the amount budgeted by the county board of supervisors or the amount
expended, whichever is less, for the hospitalization and medical care of the indigent
sick pursuant to this article for fiscal year 1980-1981, except for Yuma and La Paz
counties. The contribution amounts of those counties shall be equal to the amount Yuma
county would have made pursuant to this subsection if a division had not occurred
apportioned between the counties. The office of the auditor general shall determine the
amount Yuma county would otherwise have included if a division had not occurred and shall
then determine the contribution amounts of Yuma and La Paz counties based on the
proportionate share of the estimated population in these counties as of July 1, 1982.
B. For fiscal year 1994-1995, and for each fiscal year thereafter, the state
treasurer shall withhold an amount sufficient to meet the county portion of the
nonfederal costs of providing long-term care system services, pursuant to title 36,
chapter 29, article 2, excluding services to the developmentally disabled, from monies
otherwise payable to the county under section 42-5029, subsection D, paragraph 2. This
amount and the state portion of the nonfederal costs shall be specified in the annual
appropriation for the maintenance and operation of the ARIZONA health care cost
containment system. For fiscal years 1994-1995, 1995-1996 and 1996-1997, monies shall be
withheld from each county based on the following percentages derived from a state auditor
general's certified audit of fiscal year 1987-1988 county long-term care and home health
care expenditures, except that amounts withheld shall be adjusted to reflect amounts paid
by counties pursuant to section 36-2952:
1. Apache: 0.22%
2. Cochise: 2.49%
3. Coconino: 0.66%
4. Gila: 2.56%
5. Graham: 0.64%
6. Greenlee: 0.34%
7. La Paz: 0.34%
8. Maricopa: 56.55%
9. Mohave: 2.73%
10. Navajo: 0.91%
11. Pima: 20.55%
12. Pinal: 5.09%
13. Santa Cruz: 1.05%
14. Yavapai: 3.12%
15. Yuma: 2.75%
C. In each fiscal year, of the total amount that is specified in the annual
appropriation as the nonfederal portion of the cost of providing long-term care services,
excluding services to the developmentally disabled, and that represents an increase from
the amount that was specified in the annual appropriation for the prior fiscal year, the
state shall pay fifty per cent of the increase. The remaining nonfederal portion of the
costs shall be apportioned among the counties according to the proportion that each
county's net nonfederal expenditures for long-term care services, excluding services to
the developmentally disabled, bears to the total nonfederal expenditure for all counties
two fiscal years earlier, with the following adjustments in the following order:
1. If the resulting net county contribution when expressed as an imputed property
tax rate per one hundred dollars of net assessed value exceeds ninety cents, the county's
contribution shall be reduced so that the imputed property tax rate equals ninety cents
and the difference shall be paid by the state.
2. Any county with a native American population that represents at least twenty per
cent of the county's total population according to the most recent United States
decennial census shall contribute an amount equal to the prior fiscal year's contribution
plus fifty per cent of the difference between the prior year's contribution were it
calculated using the percentage in subsection B of this section and the current year's
contribution as if its share of the total nonfederal portion of the long-term care costs
had been calculated using the percentage prescribed in subsection B of this section and
the state shall pay any difference from the amount otherwise required by this subsection.
3. If, after making the adjustments in this subsection, a county would contribute
more than if its contribution were calculated using the percentage prescribed in
subsection B of this section multiplied by the total nonfederal costs of long-term care
services, excluding services to the developmentally disabled, the county's contribution
shall be reduced to the sum of its prior year's contribution plus fifty per cent of the
difference between the prior year's contribution were it calculated using the percentage
in subsection B of this section and the current year's contribution as if its share of
the total nonfederal portion of long-term care costs had been calculated using the
percentage prescribed in subsection B of this section and the state shall pay any
difference from the amount otherwise required by this subsection.
D. The director of the ARIZONA health care cost containment system administration
shall notify each county of the amount determined pursuant to subsection A of this
section to be included in its annual budget no later than May 1 of each year.
E. If a county does not provide funding as specified in subsection A of this
section, the state treasurer shall subtract the amount owed to the ARIZONA health care
cost containment system fund by the county from any payments required to be made by the
state treasurer to that county pursuant to section 42-5029, subsection D, paragraph 2,
plus interest on that amount pursuant to section 44-1201 retroactive to the first day the
funding was due. If the monies the state treasurer withholds are insufficient to meet
that county's funding requirement as specified in subsection A of this section, the state
treasurer shall withhold from any other monies payable to that county from whatever state
funding source is available an amount necessary to fulfill that county's requirement.
The state treasurer shall not withhold distributions from the highway user revenue fund
pursuant to title 28, chapter 18, article 2.
F. Each month payment of an amount equal to one-twelfth of the total amount
determined pursuant to subsection A of this section shall be made to the state treasurer.
Beginning October 1, 1989, payment of this amount shall be made to the state treasurer on
or before the fifth day of each month. Upon request from the director of the ARIZONA
health care cost containment system administration, the state treasurer shall require
that up to three months' payments be made in advance, if necessary.
G. The state treasurer shall deposit the amounts paid pursuant to subsection F of
this section and amounts withheld pursuant to subsection E of this section in the ARIZONA
health care cost containment system fund established pursuant to section 36-2913.
H. If payments made pursuant to subsection F of this section exceed the amount
required to meet the costs incurred by the ARIZONA health care cost containment system
for the hospitalization and medical care of a person who is defined as an eligible person
pursuant to section 36-2901, paragraph 6, subdivision (a), the director of the ARIZONA
health care cost containment system administration may instruct the state treasurer
either to reduce remaining payments to be paid pursuant to this section by a specified
amount or to provide to the counties specified amounts from the ARIZONA health care cost
containment system fund.
I. The amount of the county contribution to the ARIZONA health care cost
containment system fund established in section 36-2913 shall not exceed thirty-three per
cent of the amount that the system administration expended in the county for fiscal year
1983-1984. For the purposes of this subsection, system administration expenditures in a
county for fiscal year 1983-1984 are the total capitation and fee for service amounts
paid by the system administration to providers in a county before February 1, 1986 for
services rendered during fiscal year 1983-1984 to persons eligible for the system.
J. The state treasurer shall deposit amounts withheld pursuant to subsection E of
this section in the ARIZONA health care cost containment system fund established by
section 36-2913.
K. The state treasurer shall deposit the monies withheld from the counties and
contributed by the state pursuant to subsection B of this section in the long-term care
system fund established by section 36-2913, in twelve equal monthly installments. The
monthly installments shall be deposited in the fund by the state treasurer by the fourth
working day of each month.
L. By July 1 or within sixty days after enactment of the annual appropriation for
the maintenance and operation of the ARIZONA health care cost containment system,
whichever is later, and after consulting with the joint legislative budget committee and
the governor's office of strategic planning and budgeting, the state treasurer shall
notify each county of the amount to be withheld pursuant to subsection B of this section.
M. If the monies deposited in the long-term care system fund pursuant to subsection
K of this section are insufficient to meet the funding requirement as specified in the
annual appropriation for the maintenance and operation of the ARIZONA health care cost
containment system pursuant to subsection B of this section, the state treasurer shall
withhold from any other monies payable to that county from any available state funding
source, other than the highway user revenue fund, the amount required to fulfill fifty
per cent of the funding requirement and shall deposit the monies in the long-term care
system fund. The state shall pay the remaining fifty per cent of the funding requirement.
N. If any monies in the funds for the purpose of title 36, chapter 29, article 2
remain unexpended at the end of the fiscal year, the director of the ARIZONA health care
cost containment system administration shall specify to the state treasurer the amount to
be withdrawn from the long-term care system fund. Of the amount specified, the state
treasurer shall distribute fifty per cent to the counties pursuant to subsection B or C
of this section. The remaining fifty per cent shall be distributed to the state.
O. The board of supervisors of a county that is a program contractor pursuant to
section 36-2940 shall include in its annual budget, subject to title 42, chapter 17,
articles 2 and 3, monies received from the ARIZONA health care cost containment system
fund and long-term care system fund for the purposes of title 36, chapter 29, article 2.
P. Notwithstanding any law to the contrary, beginning in fiscal year 2005-2006 and
in each fiscal year thereafter, the state treasurer shall withhold a total of two million
three hundred ninety-five thousand four hundred dollars for the county contribution for
the administrative costs of implementing sections 36-2901.01 and 36-2901.04 beginning
with the second monthly distribution of transaction privilege tax revenues otherwise
distributable after subtracting any amounts withheld for the county long-term care
contribution. Beginning in fiscal year 2006-2007, the state treasurer shall adjust the
amount withheld according to the annual changes in the GDP price deflator and as
calculated by the joint legislative budget committee staff. Beginning in fiscal year
2006-2007, the joint legislative budget committee shall calculate an additional
adjustment of the allocation required by this subsection based on changes in the
population as reported by the department of economic security. For the purposes of this
subsection "GDP price deflator" has the same meaning prescribed in section 41-563. Each
county's annual contribution is as follows:
1. Apache, 3.296 per cent.
2. Cochise, 6.148 per cent.
3. Coconino, 6.065 per cent.
4. Gila, 2.491 per cent.
5. Graham, 1.7110 per cent.
6. Greenlee, 0.455 per cent.
7. La Paz, 0.9430 per cent.
8. Mohave, 7.079 per cent.
9. Navajo, 4.640 per cent.
10. Pima, 42.168 per cent.
11. Pinal, 8.251 per cent.
12. Santa Cruz, 1.950 per cent.
13. Yavapai, 7.794 per cent.
14. Yuma, 6.949 per cent.
Q. The state treasurer shall deposit the amounts paid pursuant to subsection P of
this section in the budget neutrality compliance fund established by section 36-2928.
R. For the purposes of this section, "net assessed value" includes the values used
to determine voluntary contributions collected pursuant to title 9, chapter 4, article 3
and title 48, chapter 1, article 8.
11-293.01 Adult foster care program for the indigent sick; specifications
A. Each county shall establish an adult foster care program for the indigent sick
within the department charged with the delivery of hospitalization and medical care for
the indigent sick in the county. The adult foster care program shall be operated in
conjunction with the home health services and outpatient medical services provided by the
county.
B. Any person who meets the standards prescribed by the county may apply to the
county for certification as an adult foster care home provider qualified to receive
placement of indigent persons qualified for hospitalization and medical care pursuant to
this article. An adult foster care provider shall not provide care or residence on any
basis to more than four adults who are not related to the provider. A person shall not
be certified as an adult foster care home provider pursuant to this section unless such
person agrees to maintain standards prescribed by the county with respect to the
self-administration of medications, sanitation and nutrition.
C. The county shall contract with one or more adult foster care providers certified
pursuant to this section for the custodial placement of adult indigent persons who are
eligible for adult foster care pursuant to section 11-293.
D. The county shall provide all necessary hospitalization and medical care for
indigent persons placed pursuant to this section.
11-293 Long-term care; counties; duties; requirements for payment; home health care
A. From and after October 1, 1989, each county shall provide nursing care
institution services, supervisory care services or adult foster care services for
indigent persons qualified for hospitalization and medical care pursuant to this article
who were receiving services pursuant to this section on September 30, 1989 or who had
requested to be screened pursuant to subsection F of this section, and who are not
determined eligible for long-term care pursuant to title 36, chapter 29, article 2. If a
person was determined ineligible under title 36, chapter 29, article 2 because that
person did not meet the resource requirements pursuant to section 36-2934, a county may
bill and collect from that person the actual cost of services provided pursuant to this
section until such time as the person's remaining resources equal the maximum resource
limit allowable under title 36, chapter 29, article 2. Notwithstanding any law to the
contrary, a county shall not reduce the eligibility standards, benefit levels and
categories of services in effect on March 1, 1988 for persons eligible pursuant to this
section.
B. The standards adopted by a board of supervisors shall provide that a portion of
the indigent person's income allowed pursuant to this section shall be retained by the
person for the person's personal use. This portion shall not be less than fifteen per
cent of the maximum benefit available under title XVI of the federal social security act,
as amended. As provided by state and federal law, counties may file a claim against a
person's estate to recover paid assistance. For the purposes of this article, the
counties may impose liens according to state and federal law on the property of these
persons.
C. The medical, nursing and social needs of the indigent person eligible pursuant
to subsection A of this section shall be evaluated annually in order to provide placement
of the indigent person in the least restrictive health care environment possible.
D. A nursing care institution, supervisory care home or adult foster care provider
is not eligible for payment of the costs of providing health care services to an indigent
person pursuant to this section unless the person has been determined to be eligible for
placement pursuant to this section.
E. A person shall not be placed in a supervisory care home or with an adult foster
care home provider pursuant to this article unless home health care services and
outpatient medical services, as necessary, are provided as a condition of the placement.
F. A county shall screen members as defined in section 36-2901 or persons eligible
pursuant to this article within eight days, excluding Saturdays and holidays, if there is
a written request for such screening before October 1, 1989, including a request by a
contractor as defined in section 36-2901. The screening shall determine whether
placement is appropriate in a nursing care institution or adult foster care home. The
county shall also determine eligibility for such members or persons within this eight day
period, excluding Saturdays and holidays. If the county determines that placement is
appropriate, it shall place the person at the appropriate level of care within ten days,
excluding Saturdays and holidays, after the written request for screening. The member's
provider who contracts with the administration pursuant to section 36-2904, subsection A
is responsible for the member's care until the county screens and places the member.
G. If the county does not complete the eligibility determination, screening and
placement of a member or person determined appropriate for placement in the specified
time period, the county shall reimburse the ARIZONA health care cost containment system
for the medical expenses incurred or paid for which the ARIZONA health care cost
containment system would not have been responsible except for the county's failure to
determine eligibility, screen and place the person within the specified time period.
H. If a dispute arises between the ARIZONA health care cost containment system,
including contractors as defined in section 36-2901, and the county regarding the
appropriateness of placement in long-term care for persons eligible pursuant to
subsection A of this section, the dispute shall be submitted to a multidisciplinary
review board designated by the board of supervisors. The review board shall consist of
one physician, one nurse and one social worker, and two appropriate representatives from
the ARIZONA health care cost containment system administration. If the review board
determines that the long-term care was appropriate when requested the county shall
reimburse the ARIZONA health care cost containment system for the medical expenses
incurred or paid for which the ARIZONA health care cost containment system would not have
been responsible except for the county's failure to determine eligibility, screen and
place the person within the specified time period. 11-294 Bond of contractor; contents of contract
The person to whom a contract for the operation of a county hospital is awarded
shall give to the county a bond of not less than five thousand dollars, conditioned upon
faithful performance of the contract, which shall be approved by the board. The contract
shall specify distinctly the amount proposed to be charged for each day's attendance upon
each indigent sick person.
11-295 Use of county hospital and equipment by contractor; inventory of equipment
A. The contractor may use any building used for a hospital which is owned by the
county together with the county furniture and appliances therein.
B. The board shall prepare an inventory of all medical stores, furniture and
appliances belonging to the county, and the contractor shall receive them and give
receipt therefor and shall thereafter be responsible to the county for them.
11-296 Record of indigent care
A. The contractor, or the person in charge, shall keep an accurate written account
of:
1. The names of all persons admitted into the hospital.
2. The date of admission.
3. Their disease or affliction.
4. The number of days they remain.
5. The date of their discharge, or death.
B. A verified statement containing the information required by subsection A of this
section, shall be filed by the contractor quarterly with the board, and he shall not be
paid for any services until he has complied with this section.
11-297 Seriously mentally ill; county responsibility; definition
A. Notwithstanding section 11-291:
1. A county that has a population of less than six hundred thousand persons must
provide the benefit levels and categories of services for the behavioral health
treatment, behavioral health hospitalization and behavioral health medical care of
persons who are seriously mentally ill as required by law as of January 1, 2001.
2. A county that has a population of more than six hundred thousand persons but
less than two million persons and that has an intergovernmental agreement with the
department of health services in effect as of January 1, 2001 for the delivery of
behavioral health and mental health care services must annually renew the agreement to
provide for the integration of the system at the same funding amount, except for the
funding for court ordered screening and evaluation pursuant to title 36, chapter 5,
article 4.
3. A county that has a population of more than two million persons and that has an
intergovernmental agreement with the department of health services in effect as of
January 1, 2001 for the delivery of services to the seriously mentally ill must annually
renew the agreement to provide for the integration of the system at the same terms and
funding amount and with a mutually agreed on annual adjustment for inflation.
B. For the purposes of this section, "seriously mentally ill" has the same meaning
prescribed in section 36-550.
11-299 Contagious cases
A contractor or person having charge of the county hospital shall not be required to
admit and care for any person afflicted with cholera, yellow fever or smallpox, but the
board shall make temporary rules, regulations and contracts for such persons.
11-300 Tobacco settlement agreement; decreased payments; county contribution
A. If the total of the initial payment, annual payment and strategic contribution
payment, as these terms are prescribed by sections 9b and 9c of the master settlement
agreement entered into on November 23, 1998 between this state and certain United States
tobacco product manufacturers, in any fiscal year is less than sixty-six per cent of the
original amount identified in that agreement, and the state has used all previous tobacco
settlement payments to administer and provide health care, in the following fiscal year
the counties shall contribute an amount that equals thirty-three per cent of the
difference between the actual payment and sixty-six per cent of that original amount
identified for each year of the master settlement agreement. The staff of the joint
legislative budget committee shall calculate the total county contribution pursuant to
this subsection.
B. The state shall use monies paid by the counties pursuant to subsection A of this
section to provide indigent health care services. If the state does not use all
settlement payments for health care costs, the counties are not required to provide
monies pursuant to this section.
C. A county's share of the payments prescribed pursuant to subsection A of this
section is the percentage of that county's current population to the state's current
population. The staff of the joint legislative budget committee shall calculate each
county's contribution. For the purposes of this subsection, "current population" means
the population estimated by the department of economic security as of July 1 of the
calendar year that precedes the beginning of a fiscal year.
D. The state treasurer shall withhold the amount owed by a county from any payments
required to be made by the state treasurer to that county pursuant to section 42-5029,
subsection D, paragraph 2 after any amounts withheld for the county long-term care
contribution or the county administration contribution pursuant to section 11-292,
subsection P. If the monies the state treasurer withholds are insufficient to meet that
county's funding requirements as specified in this section, the state treasurer shall
withhold from any other monies payable to that county from whatever state funding source
is available an amount necessary to fulfill that county's requirements. The state
treasurer may not withhold distribution from the highway user revenue fund pursuant to
title 28, chapter 18, article 2.
E. On or before the fifth day of each month each county shall pay to the state
treasurer an amount equal to one-twelfth of the total monies prescribed pursuant to this
section. The state treasurer shall deposit these monies in the budget neutrality
compliance fund established by section 36-2928. On request from the director of the
ARIZONA health care cost containment system administration, the state treasurer shall
require a county to make up to three months' payments in advance.
11-301 Discharge of patient capable of self-support; violation; classification
A. A person admitted to the hospital shall be permitted to remain there so long as
he is sick or disabled or unable to earn a livelihood, and no longer. The contractor or
superintendent shall discharge from the hospital every person as soon as he is restored
to health and strength sufficient to support himself.
B. A contractor or person having charge of the hospital who knowingly permits a
person to remain in the hospital at the expense of the county after he is restored to
health and strength is guilty of a class 2 misdemeanor.
11-302 County tuberculosis sanitarium; admission of patients
A. The board may provide, equip and maintain a separate building or separate part
of a building for the exclusive use and treatment of tubercular persons of the county,
which shall be known as the county tuberculosis sanitarium. If there is a nonsectarian
hospital for the treatment of tuberculosis in the county, the board may select that
hospital for such care and treatment.
B. A tubercular person of the county in need of hospital care or medical attention,
whether indigent or able to pay in whole or in part, may be admitted to the sanitarium,
or selected hospital, under rules and regulations prescribed by the board. A person not
an indigent who receives such care or attention shall pay for such services so far as he
is able to do so.
11-303 Disposition of body of deceased indigent
A. Upon the death of an indigent, the board shall use reasonable efforts to find a
relative or friend of the deceased or an organization of which the deceased was a member
in order to deliver the body to such person or organization for burial.
B. If no such relative, friend or organization is found by the board, it shall
notify the department of health services as required by section 36-804.
11-306 Authority to construct, acquire, lease or sell health care institutions
Counties, cities, including charter cities, and towns of this state may construct,
purchase, own, lease, either as lessor or lessee, and sell either for cash or on a
deferred installment sales contract one or more health care institutions as the term is
defined in section 36-401. This section shall not be construed as granting additional
powers to, or limiting existing powers of, counties, cities and towns regarding the
operation of health care institutions. The lease or sales agreements may contain any
provision deemed necessary by the governing body in order to secure the payment thereof.
11-307 Issuance of bonds; negotiability; investment; definition
A. A governing body of any county, city or town may issue bonds for and on behalf
of the county, city or town to provide funds to construct, purchase or lease, as lessee,
any health care institution. The bonds shall be payable solely from the revenues of the
issuer received from the payment of leases or purchase agreements for the lease or sale
of the health care institution constructed, purchased or leased, as lessor, by the
issuer.
B. Bonds issued under this article shall be fully negotiable within the meaning and
for all purposes of title 44. They may be in one or more series which may be secured by
revenues from the lease or sale of one or more health care institutions, may bear such
dates, may be payable in such medium of payment, at such places, may carry such
registration privileges, shall be executed in such manner, contain such terms, covenants
and conditions and shall be in such form, either coupon or registered, as the governing
body may by resolution prescribe. The bonds shall be payable at one time, or from time
to time in such manner and in such maturities no longer than forty years from their date
as the governing body may prescribe. The bonds may be additionally secured by reserve or
sinking funds which may either be capitalized in whole or in part from bond proceeds or
accumulated over the term of the bonds from pledged revenues. Any or all of the bonds may
be callable at such times, on such terms and in such manner as the governing body by
resolution may prescribe. The bonds may be refunded by the issuance of refunding bonds
either at or in advance of maturity, but the mere issuance of refunding bonds shall never
be construed to advance the maturity or change stated call dates of the bonds being
refunded. The bonds shall bear such rate or rates of interest as the governing body may
provide and may be sold above, at, or below par at either public or private sale. The
issuer may assign its interest in any or all of the leases, purchase contracts, reserve
or sinking funds securing any issue or series of bonds to a bank or trust company doing
business in this state as an indenture trustee. The resolution of the governing body
authorizing the issuance of the bonds may contain such covenants, conditions and
provisions as deemed necessary to secure the bonds.
C. Bonds issued under the provisions of this article shall be legal investments for
all banks, trust companies and insurance companies organized and operating under the laws
of this state. The bonds and interest thereon shall be paid solely in accordance with
their terms and shall not be obligations general, special or otherwise of this
state. Such bonds shall not constitute a legal debt of this state and shall not be
enforceable against the state. The issuer shall not in any event be liable for the
payment of the principal of or interest on the bonds from any source of revenues other
than those pledged for the payment of the bonds. The bonds shall never be construed to
constitute an indebtedness of the issuer within the meaning of any constitutional or
statutory provisions whatsoever.
D. For purposes of this article, the term "health care institutions" shall include
but not be limited to land, buildings, aircraft and ground vehicles reasonably necessary
to conduct an ambulance service.
11-309 Hospital enterprise; accounting; fund; administration; budget
A. A county with a population of more than five hundred thousand persons as shown
by the most recent United States decennial census may establish a hospital enterprise
that may include all hospital and ambulatory care facilities, property, both tangible and
intangible, and services owned, performed or provided by the county. A hospital
enterprise shall be a separate unit of the county, and all revenues and expenditures of
the hospital enterprise shall be accounted for as a separate unit. Notwithstanding
section 36-187, subsection B, all monies received from the operation of the hospital
enterprise shall be deposited in a hospital enterprise fund. All expenses of the
hospital enterprise shall be paid from the hospital enterprise fund.
B. The board of supervisors of the county shall govern the hospital enterprise but
may name one or more persons to administer the hospital enterprise and to direct its
operations. Notwithstanding section 11-251, paragraph 9, the board of supervisors may
pledge or assign any hospital improvements, additions or equipment purchased with the
proceeds of any lease-purchase agreements and may take all other action or order all acts
by agents, attorneys or independent contractors necessary and appropriate for the
operation of the hospital enterprise and for the payment of any lease-purchase
agreements.
C. A county with a hospital enterprise may incur lease-purchase agreements payable
solely from the hospital enterprise fund, as augmented by the special fund authorized
under subsection D of this section.
D. For each fiscal year in its annual budget prepared pursuant to title 42, chapter
17, article 3, the county may budget an amount equal to any expected shortfall between
the hospital enterprise fund's expected revenues, proceeds and receipts and the hospital
enterprise's expected disbursements, including disbursements for operation and
maintenance expenses and payments on lease-purchase agreements, and may establish a
special fund into which the county treasurer shall pay only excise tax revenues collected
by the state and remitted to the county or collected by the county, unless these taxes
are otherwise restricted by law to specific nonhealth care uses. The special fund may be
set aside solely for the payment of operation and maintenance of the hospital enterprise
and lease-purchase agreements as provided in this section. The amount of excise tax
proceeds deposited in the special fund shall be determined by the board of supervisors in
the annual budget. The treasurer shall transfer monies out of the special fund into the
hospital enterprise fund or shall pay warrants drawn on the hospital enterprise fund with
monies in the special fund whenever a shortfall exists in the hospital enterprise
fund. The establishment of the special fund for any fiscal year does not obligate the
county to the continued maintenance of the fund in any later fiscal year. The county
treasurer shall administer the special fund as directed by the board of supervisors.
E. Lease-purchase agreements under this section may be payable over a term of not
more than twenty years.
11-311 Appointment of veteran to supervise burial
The board of supervisors shall appoint any honorably discharged veteran of any
branch of the military establishment of the United States who is a resident of the
county, who shall cause to be decently interred the body of any honorably discharged
veteran in the enlisted personnel of the military establishment dying outside a national
or state soldiers' home, or surviving spouse of any honorably discharged veteran of any
branch who dies without sufficient means for funeral expenses.
11-312 Report on financial condition of veteran
A. The person appointed by the board pursuant to section 11-311, before assuming
the expense of the burial, shall first determine that the family of the deceased, if
residing in the county, is unable to defray the expenses of the burial.
B. The person appointed shall report to the clerk of the board, stating the facts,
together with the name, rank and command of the deceased, the date of death, place where
buried, occupation while living, and an itemized statement of the expenses incurred for
the burial.
C. The clerk of the board upon receiving the report shall transcribe a summary of
the report in an appropriate book. The clerk shall make application to the United States
for a suitable headstone, and cause it to be placed at the head of the grave of such
person.
11-313 Burial place; expenses of burial as county charge
A. The burial of an indigent veteran as provided by section 11-311 shall not be
made in a portion of a burial ground used exclusively for burial of paupers.
B. The expenses of each burial shall not exceed one hundred fifty dollars, and
shall be a county charge of the county in which the person dies, but if the deceased had
a residence in another county than the one paying the expenses, the county in which the
deceased has resided shall refund the money advanced.
11-321 Building permits; issuance; distribution of copies; subsequent owner
A. Except in those cities and towns which have an ordinance relating to the
issuance of building permits, the board of supervisors shall require a building permit
for any construction of a building or an addition thereto exceeding a cost of one
thousand dollars within its jurisdiction. The building permit shall be filed with the
board of supervisors or its designated agent.
B. If a contractor is employed for any construction exceeding the cost of ten
thousand dollars, a building permit may not be issued unless the contractor holds a valid
privilege tax license issued pursuant to section 42-5005 for engaging or continuing in
the business of contracting.
C. Where deemed of public convenience, the supervisors shall permit the application
for and the issuance of building permits by mail.
D. One copy of the building permit required by the terms of subsection A of this
section shall be transmitted to the county assessor and one copy to the director of the
department of revenue. The permit copy provided to the assessor and the department of
revenue shall have the permit number, the issue date and the parcel number for which the
permit is issued. On the issuance of the certificate of occupancy or the certificate of
completion or on the expiration or cancellation of the permit, the assessor and the
department of revenue shall be notified in writing or in electronic format of the permit
number, parcel number, issue date and completion date.
E. If a person has constructed a building or an addition to a building without
obtaining a building permit, a county shall not require a subsequent owner to obtain a
permit for the construction or addition done by the prior owner before issuing a permit
for a building addition except that nothing in this section shall be construed as
prohibiting the enforcement of an applicable ordinance or code provision which affects
the public health or safety.
11-322 Violations; classification
Any person who fails to obtain a building permit when one is required under this
article or who violates any other provision of this article shall be guilty of a petty
offense.
11-351 Definitions
In this article, unless the context otherwise requires:
1. "Board" means the board of supervisors.
2. "Clerk" means the clerk of the board of supervisors.
3. "Commission" means the county employee merit system commission.
11-352 Adoption of limited county employee merit system by resolution; removal of certain administrative positions by resolution
A. Any county may by resolution of the board adopt a limited county employee merit
system for any and all county appointive officers and employees. Elected officers shall
not be included in such merit system.
B. Any county may by resolution of the board remove certain administrative
positions from the county employee merit system. The positions which may be removed from
the county employee merit system are:
1. County manager.
2. Deputy county manager.
3. Assistant county manager.
4. Chief deputies to elected officials.
5. Department directors.
6. Deputy directors, not to exceed three in each department.
7. One position in each department which reports directly to the director or deputy
director as designated by the director and deputy director.
8. An administrative position declared exempt after the effective date of this
section. The number of positions declared exempt under this paragraph shall not exceed
five per cent of the total number of county appointive officers and employees.
C. Any employee who was included as a covered employee in the county employee merit
system at the time he assumed his present position and whose position becomes exempt
under the provisions of subsection B may elect to remain included under the merit system,
but if terminated the employee must be afforded the opportunity to accept another vacant
position within the merit system for which the employee is qualified.
11-353 County employee merit system commission; members; terms; vacancies
A. Upon the adoption of a county employee merit system the board of supervisors
shall appoint a county employee merit system commission to assist in administering the
system. The commission shall consist of five members, each of whom shall hold office for
a term of four years and until his successor is appointed and qualified. Of the members
first appointed, two shall serve for a two-year term, two for a three-year term and one
shall serve a four-year term, and such members shall determine by lot the length of their
terms. Appointment to fill a vacancy caused by other than expiration of term shall be
for the unexpired portion of the term.
B. Members of the commission shall be selected from among the qualified electors of
the county. No more than three of such members shall be from the same political party.
11-354 Powers and duties of the commission
The commission shall perform such duties and exercise such powers as are necessary
to carry out the provisions of this article.
11-355 Minimum qualifications for employment
The minimum qualifications or standards prescribed for any class or grade of
employment shall not be less than those prescribed by law for the class or grade of
county officers and employees.
11-356 Dismissal, suspension or reduction in rank of employees; appeals; hearings
A. Any officer or employee in the classified civil service may be dismissed,
suspended or reduced in rank or compensation by the appointing authority after
appointment or promotion is complete only by written order, stating specifically the
reasons for the action. The order shall be filed with the clerk of the board of
supervisors and a copy thereof shall be furnished to the person to be dismissed,
suspended or reduced.
B. The officer or employee may within ten days after presentation to him of the
order, appeal from the order through the clerk of the commission. Upon the filing of the
appeal, the clerk shall forthwith transmit the order and appeal to the commission for
hearing.
C. Within twenty days from the filing of the appeal, the commission shall commence
the hearing and either affirm, modify or revoke the order. The appellant may appear
personally, produce evidence, have counsel and, if requested by the appellant, a public
hearing.
D. The findings and decision of the commission shall be final, and shall be subject
to administrative review as provided in title 12, chapter 7, article 6.
11-361 Definition of program
For the purposes of this article, unless the context otherwise requires, "program"
means a special supervision program in which the county attorney of a participating
county may divert or defer, before a guilty plea or a trial, the prosecution of a person
accused of committing a crime, other than a person who has been previously convicted of a
felony, is accused of committing a felony involving the discharge, use or threatening
exhibition of a deadly weapon or dangerous instrument or the intentional or knowing
infliction of serious physical injury or has previously completed a program established
pursuant to this article.
11-362 Deferred prosecution program; administration; guidelines; records
A. The program, as defined in section 11-361, shall be administered by the county
attorney of each participating county according to guidelines established by the ARIZONA
prosecuting attorneys' advisory council.
B. The county attorney of any county that has established a program shall establish
and maintain statistical records pertaining to the program and shall annually submit an
evaluation of the program to the president of the senate and the speaker of the house of
representatives.
11-365 Diversion and deferred prosecution of offenders
The county attorney has sole discretion to decide whether to divert or defer
prosecution of an offender. This section does not preclude the ability of another
prosecuting agency to divert or defer the prosecution of an offender as otherwise
provided by law.
11-371 Borrowing power of counties
A county, in addition to other powers conferred upon it by law, may borrow money and
issue bonds for the purpose of improvement, construction, reconstruction, acquisition of
rights-of-way or maintenance of county streets and highways.
11-372 Vote on bond issues
When the board of supervisors of a county determines to borrow money under the
provisions of this article, the question of issuing bonds under this article shall be
submitted to the qualified electors of the county. No bonds shall be issued without the
assent of a majority of such qualified electors voting at an election held for that
purpose as provided in this article.
11-373 Election resolution; contents; publication
A. The board of supervisors shall adopt a resolution calling an election upon the
question of the issuance of bonds. The resolution shall state in substance:
1. The maximum amount of bonds to be issued.
2. The purpose for which the bonds are to be issued.
3. The maximum rate of interest which the bonds are to bear.
4. A brief and concise statement containing an irrevocable appropriation providing
for the payment of the principal and interest of the bonds from monies to be derived from
taxes, fees, charges and other monies collected by the state and returned to such county
for street and highway purposes pursuant to law which have not been theretofore specially
allocated and pledged for the payment of indebtedness.
5. The date on which the election will be held.
6. The places where votes may be cast.
7. The hours between which polling places will be open.
B. The election resolution shall be published in full at least once, not less than
fifteen nor more than thirty days prior to the date of the election, in a newspaper
published in the county and of general circulation in the county.
11-374 Ballots
At the election the ballot shall contain the words "for the bonds" and "against the
bonds" and to the right of and opposite each thereof shall be placed a square
approximately the size of the squares placed opposite the names of candidates on
ballots. The voter shall indicate his vote "for the bonds" or "against the bonds" by
inserting the mark "x" in the square opposite such words. No other question, word or
figure need be printed on any ballot. The ballot shall not be of any particular size,
and sample ballots may or may not be printed, posted or distributed. A number of ballots
exceeding by not less than ten per cent the number of registered voters whose names
appear on the precinct register prepared for the precinct shall be printed for and
furnished to each polling place.
11-375 Canvass of returns
The board of supervisors shall canvass the returns and declare the result of the
election. If it is found by the board of supervisors that a majority of the qualified
electors of the county voting thereon assents to the issuance of the bonds, the board of
supervisors shall provide for the issuance of the bonds. The determination of the board
of supervisors that a majority of the qualified electors voting thereon has assented to
the issuance of the bonds shall be conclusive in any action or proceeding involving the
validity of such election or the determination or declaration of the result thereof
instituted after the date of the payment for and delivery of the bonds.
11-376 Application of election laws
Except as otherwise provided in this article, the manner of conducting the
registration and election, keeping the poll lists, the returns, declaring the results and
doing all acts relating to such election shall conform to the procedure provided by law
for the registration and qualification of electors and the holding of special elections
in which the question of issuance of bonds is submitted to an election.
11-377 Form of bonds; interest rates; redemption; payment of principal and interest; additional security; definition
A. Bonds issued under this article shall be fully negotiable within the meaning and
for all purposes provided by title 47. They may be in one or more series, may bear such
dates, may be payable in such medium of payment and at such places, may carry such
registration privileges, may have that priority or lien position between bondholders,
shall be executed in such manner, may contain such other terms, covenants and conditions,
and may be in such form as the board of supervisors by resolution prescribes. The final
payment shall be due not more than thirty years from the date of issuance, as the board
of supervisors may prescribe. Any or all of such bonds shall be callable at such times,
on such terms and in such manner as the board of supervisors by resolution prescribes.
B. Any or all of the bonds may be sold by calling for bids at public sale or
through an on-line bidding process or an accelerated bidding process. If sold under an
accelerated bidding process, the bonds shall be sold at the lowest cost the board of
supervisors deems then available after having received at least three pricing quotations
from recognized purchasers of bonds of the type being sold. If sold at public sale or
through an on-line bidding process, the bonds shall be sold to the bidder making the best
bid. 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 county before a
specified time and may be for an entire issue or specified maturities according to the
manner, terms and notice provisions ordered by the board of supervisors.
C. The bonds may be sold below, at or above par. If an issue of bonds is sold
below par, the aggregate amount of discount plus interest to be paid on the bonds must
not exceed the amount of interest that would be payable on the bonds over the maturity
schedule prescribed by the board of supervisors at the maximum rate set out in the
resolution calling the election at which the bonds were voted.
D. If sold at public sale, the board of supervisors shall call for bids for the
bonds by giving notice thereof at least once a week for two successive weeks within a
county having a population of five hundred thousand persons or more according to the most
recent United States decennial census, and once a week for four successive weeks in a
newspaper of general circulation within a county having a population of less than five
hundred thousand persons according to the most recent United States decennial
census. The notice shall be in the form prescribed by the board of supervisors. The
bids shall be for the entire bond issue unless the board of supervisors by resolution
allows bidding therefor in parcels of less than the entire issue.
E. Notwithstanding any other provision of this section, bonds may be sold to
natural persons residing in this state by negotiated sale on terms the board of
supervisors deems to be the best then available and may bear interest payable at times
determined by the board of supervisors. The bonds may be sold below, at or above par,
provided that if the bonds are sold below par, the aggregate amount of discount plus
interest to be paid on the bonds must not exceed the amount of interest that would be
payable on the bonds over the maturity schedule prescribed by the board of supervisors at
the maximum rate set out in the resolution calling the election at which the bonds were
voted.
F. Bonds issued by a county may bear interest at any rate or rates not in excess of
the maximum rate of interest set forth in the resolution calling the election, payable at
the times determined by the board of supervisors, provided that each such bond may be
evidenced by one instrument, or if commercial paper, by a succession of instruments each
bearing interest payable only at maturity. Bonds or commercial paper issued under this
article are subject to the following:
1. The bonds may bear interest at a fixed, variable or combination rate, none of
which exceeds the maximum rate of interest set forth in the resolution calling the
election.
2. A variable rate shall be based on any objective measure of the current value of
money borrowed such as the announced prime rate of a bank, the rates borne by obligations
of the United States or an index or other formula provided for by the board of
supervisors. The board of supervisors shall employ a recognized agent in municipal bonds
to market and remarket the bonds or commercial paper issued and to establish an interest
rate in accordance with the approved index or formula.
3. The board of supervisors may grant to the owner of any bond a right to tender or
may require the tender of the bond for payment or purchase at one or more times before
maturity and may enter into appropriate agreements with any bank, financial institution,
insurance company or indemnity company for the purchase of bonds so tendered. This
agreement may provide that while the bonds are held by the bank, financial institution,
insurance company or indemnity company the bonds may bear interest at a rate higher than
when the bonds are held by other owners, but not in excess of the maximum rate of
interest set forth in the resolution calling the election.
4. If bonds are tendered before maturity under an agreement to pay for or purchase
bonds when so tendered, the county may provide for the purchase and resale of those bonds
pursuant to the tenders without extinguishing the obligation represented by them or
incurring a new obligation on the resale, whether or not those bonds are represented by
the same instruments when purchased as when resold.
5. Compensation for the resale of the bonds shall not be based on or measured by
the difference between the price at which the bonds are purchased and the price at which
the bonds are resold.
6. The board of supervisors may:
(a) Contract with a bank, financial institution, insurance company or indemnity
company to provide additional security for the bonds in the form of a line of credit,
letter of credit, insurance policy or other security.
(b) Pay the costs of this additional security from amounts provided in the bond
issue or from other available sources and may enter into reimbursement obligations in
connection with the cost of the additional security.
7. Any reimbursement obligation entered into with the bank, financial institution,
insurance company or indemnity company shall not provide for the payment of interest in
excess of the maximum rate of interest set forth in the resolution calling the
election. The reimbursement obligation does not constitute a general obligation of the
county and is payable from the same source as the bonds, or from other available
revenues, as determined by the board of supervisors.
8. Variable rate bonds and commercial paper may be sold at competitive public sale,
through an on-line bidding process or at negotiated sale. A competitive public sale may
be accomplished pursuant to a notice of sale published at the times and in the manner
provided in subsection D. This notice shall provide the terms and conditions determined
by the board of supervisors.
9. If bonds are to be issued in the form of commercial paper, the board of
supervisors shall first provide for the establishment of the schedule for the maturities
of the bonds within the maximum period permitted by the voted proposition. The
individual instruments representing the bonds may mature over shorter periods and may be
retired with proceeds of subsequent instruments or with the proceeds of definitive bonds,
but they shall be finally paid according to the schedule of bond maturities or earlier.
10. Bonds issued in the form of commercial paper may be sold through an agent in the
form of instruments that mature at intervals the agent determines to be most advantageous
to the issuer after giving public notice to potential investors as determined by the
board of supervisors.
11. Bonds may be issued as compound interest bonds bearing interest payable only at
maturity but compounded periodically until that date at a fixed rate no higher than the
rate set forth in the resolution calling the election.
G. Pending preparation of the definitive bonds, interim receipts or certificates
may be issued to the purchaser of the bonds in such form and with such provisions as the
board of supervisors prescribes.
H. The principal of and interest upon the bonds shall be payable primarily from the
proceeds of revenues derived from taxes, fees, charges and other monies collected by the
state and returned to such counties for street and highway purposes pursuant to the law.
I. As additional security for the payment of such bonds, a county, by resolution
submitted to the qualified electors at a special election called for such purpose, and
upon the approval of such resolution by a majority of the voters voting at such election,
may pledge its full faith and credit for the payment of the bonds, and if such pledge is
made, and the revenues pledged to the payment of such bonds are at any time insufficient
therefor, the county shall be obligated to pay such bonds with interest to the same
extent as other general obligation bonds of the county, and shall be reimbursed from
subsequent revenues received by the county from taxes, fees, charges and other monies
collected by the state and returned to such county for street and highway purposes
pursuant to law.
J. For purposes of this section, "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.
11-378 Issuance of bonds for public improvements; limitations of amount; successive borrowings; annual interest
A. No county may issue bonds under this article unless the aggregate amount of the
revenues received by it from highway user taxes, including motor vehicle fuel taxes, and
all other taxes, fees, charges or other monies returned to the county pursuant to title
28, chapter 18, article 2 and section 42-6107, in the year preceding the borrowing of
money under this article is equal to at least one and one-half times the highest annual
principal and interest requirements thereafter to come due on all such bonds to be
outstanding after the borrowing occurs, provided that for bonds that are issued under
this article where the aggregate amount of monies returned to the county pursuant to
title 28, chapter 18, article 2 and section 42-6107, in the year preceding the borrowing
of money under this article, is not equal to at least two times the highest annual
principal and interest requirements thereafter to become due on all such bonds to be
outstanding after the borrowing occurs, shall bear a rating at the time of issuance of
"A" or better by at least one nationally recognized credit rating service taking into
account any credit enhancement facility in effect with respect to those bonds. Subject
to such limitation, successive borrowings may be made under this article.
B. In computing the annual interest requirements of bonds described in section
11-377, subsection F the board of supervisors shall determine a rate that is not more
than the maximum rate permitted under the terms of their issuance. In making the
determination, the board of supervisors shall set a rate that is not less than one
hundred twenty-five per cent of the rate in effect on the date of determination or, if
the bonds are not then issued, one hundred twenty-five per cent of the initial rate on
the bonds, except that if this determination exceeds the maximum rate permitted under the
terms of issuance, the rate shall be the maximum rate. Notwithstanding the provisions of
any reimbursement obligation, the bonds remain outstanding until the stated maturity of
the bonds.
11-379 Expansion of pledge; effect on prior elections; refunding bonds; conflict of interest
A. All bonds issued pursuant to this article, whether before or after October 24,
1981, shall be paid from, and may hereafter be secured by a pledge of, all revenues
received by the county issuing the bonds, from taxes, fees, charges and other monies
collected by the state and returned to such county for street and highway purposes
pursuant to title 28, chapter 18, article 2 and section 42-6107.
B. Whenever the board of supervisors of any county determines that the best
interests of such county will be served by the issuance of refunding bonds in order to
refund bonds secured by the pledge of revenues received pursuant to title 28, chapter 18,
article 2 and section 42-6107, the board of supervisors may issue refunding bonds on
behalf of the county to refund the bonds theretofore issued pursuant to this
article. Such refunding bonds shall be payable at such dates and in such amounts as the
board of supervisors by resolution may decide, shall be secured by a pledge of all monies
received pursuant to title 28, chapter 18, article 2 and section 42-107, shall bear
interest at a rate of not to exceed nine per cent, and in all other respects the form and
character of the refunding bonds shall conform with the provisions of section
11-377. The refunding bonds may be sold at public or private sale at the price the board
of supervisors deems to be the best price available therefor, which price may be below,
at or above par, or the refunding bonds may be exchanged for a like amount of bonds being
refunded, with all unmatured coupons attached thereto, or the refunding bonds or proceeds
from the sale of the refunded bonds may be exchanged for a sufficient amount of cash to
pay all legal, financial and all other expenses incurred by the county in the issuance of
the bonds plus obligations issued by or guaranteed by the United States of America, which
obligations with interest thereon will provide sufficient monies to pay, when due or
called for prior redemption at the option of the county, all refunded bonds and the
coupons appertaining thereto and any redemption premiums, if applicable. The board of
supervisors may provide that any securities acquired from refunded bond proceeds or from
exchange of the refunding bonds for the United States government securities be delivered
to a bank or trust company doing business in this state to act as trustee or escrow agent
to protect the rights of the holders of the refunded bonds. The board of supervisors may
execute such trust or escrow agreements as it sees fit to protect the rights of the
holders of the refunded bonds and may also pay the fees, costs and expenses of such
trustee or escrow agent and also all legal, financial paying agent's fees or charges and
all other costs incidental to the issuance of the refunding bonds, either from refunding
bond proceeds or from monies received pursuant to title 28, chapter 18, article 2
and section 42-6107.
C. Notwithstanding title 38, chapter 3, article 8 or any other law, it shall not be
a conflict of interest for the holder of any bond authorized by this article, or for a
person contracting with the issuing county to purchase any such bond, to offer to sell or
exchange, to contract to sell or exchange, or to sell or exchange any federal government
securities or obligations to the county to be used for the purposes set forth in
subsection B of this section, nor shall it be a conflict of interest for any trustee,
escrow agent or paying agent to purchase for the trustee, escrow agent or paying agent
account or for the account of another any bond issued under authority of this article.
11-380 Separate fund to pay interest and principal on maturing installment
After any indebtedness is incurred under the provisions of this article, the
treasurer of the county, during each year such indebtedness continues, shall set aside in
a separate fund from the revenues received during such year from highway user taxes,
including motor vehicle fuel taxes, and all other taxes, fees, charges or other monies
returned to the county pursuant to title 28, chapter 18, article 2 and section 42-6107,
an amount sufficient to pay the interest and principal upon the installment on such
indebtedness next maturing.
11-381 County housing trust fund; board; purpose; administration
A. A county board of supervisors, by resolution, may establish a county housing
trust fund for the purposes prescribed in this section that is administered by a housing
trust fund board comprised of five members appointed by the board of supervisors, or the
board of supervisors acting as the housing trust fund board.
B. The fund shall consist of:
1. Monies appropriated by a county board of supervisors to the fund.
2. Any private, federal, state or local government grants, gifts, appropriations
and monies designated by law for deposit in the fund.
3. Investment earnings of the fund.
C. On recommendation of the housing trust fund board and approval of the board of
supervisors, fund monies shall be used for projects and programs that provide affordable
housing opportunities for low income households as determined by the United States
department of housing and urban development. Eligible projects and programs include
development of affordable rental housing, property developed for sale to low income
buyers and rent-to-own programs.
D. In recommending and approving the expenditure of monies from the fund, the
housing trust fund board and the board of supervisors shall give priority to funding
projects that provide for operating, constructing or renovating facilities for housing
for low income families and that provide housing and shelter to families that have
children.
E. The housing trust fund board shall report twice each year to the board of
supervisors on the status of the housing trust fund. The report shall include a summary
of facilities for which funding was provided during the preceding fiscal year, showing
the cost of each facility and the number of individuals benefiting from the operation,
construction or renovation of the facility. The report shall be submitted to the board of
supervisors by September 1 and April 1 of each year.
F. Monies in the housing trust fund shall be accounted for separately from other
monies of the county.
|
|
|
|
