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USA Statutes : arizona
Title : Counties
Chapter : EXTENT AND LOCATION OF COUNTIES AND COUNTY SEATS
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11-101 Division of state into counties
The state is divided into counties, named and bounded as provided in this article.
11-102 Definitions
In the statement of the boundaries in this article:
1. "To," "on" or "along" a mountain range or mountains means the summit point or
summit line of the mountain range of mountains.
2. "Up" or "down" a creek or river means the middle of the main channel thereof.
3. "Mouth" of a creek or river or "junction" of a creek or river with a river is
the point where the middle of the channel of each intersects the other.
11-103 Apache county
Apache county, the county seat of which is St. Johns, is bounded as follows:
Commencing at a point where the boundary line between ARIZONA and New Mexico
intersects the thirty-seventh parallel of north latitude, being the northeast corner of
this state, and being more particularly described as the four corners monument, thence
south along the boundary line between ARIZONA and New Mexico to a point where the first
standard parallel north intersects such boundary line, being the northeast corner of
Greenlee county; thence due west to the Black river; thence westerly and down the Black
river along the northern boundary of Greenlee and Graham counties to the east line of
range twenty-three east of the Gila and Salt River Guide meridian; thence north along
such range line to the former southern boundary line of the Navajo Indian reservation as
established by presidential executive order dated January 6, 1880; thence west along such
boundary line to the one hundred tenth meridian of west longitude; thence north along
such meridian to the boundary line between Utah and ARIZONA, being approximately the
thirty-seventh parallel of north latitude; thence east along such boundary line to its
intersection with the boundary line between ARIZONA and New Mexico, the point of
beginning, being the four corners monument.
11-104 Cochise county
Cochise county, the county seat of which is Bisbee, is bounded as follows:
Commencing at a point six miles south of where the east line of range eighteen east
intersects the second standard parallel south, thence running south to a point on the
south boundary line of the San Ignacio del Babacomari land grant approximately one-half
mile east of that point where the east line of range eighteen east intersects the said
south boundary line of said land grant; thence west along the south line of said land
grant to the aforesaid point of intersection with the east line of range eighteen east;
thence south to the international boundary line between the state of ARIZONA and the
Republic of Mexico; thence east along such boundary line to the southeast corner of the
state of ARIZONA; thence north along the boundary line between the state of ARIZONA and
the state of New Mexico, to a point six miles south of where such boundary line is
intersected by the second standard parallel south; thence west to a point six miles south
of the point where the east line of range eighteen east intersects the second standard
parallel south, the place of beginning.
11-105 Coconino county
Coconino county, the county seat of which is Flagstaff, is bounded as follows:
Commencing at the point where the boundary line between Utah and ARIZONA, being
approximately the thirty-seventh parallel of north latitude and the meridian of one
hundred ten degrees forty-five minutes west longitude intersect; thence south along such
meridian to the Mogollon Rim; thence westerly along the Mogollon Rim, and the northern
boundary of Gila county to the east line of range seven east, Gila and Salt River Guide
meridian; thence north on such range line to the fourth standard parallel north; thence
west on such parallel to the east line of range five east; thence north on such range
line to the north line of township eighteen north; thence west on such line to the Gila
and Salt river meridian; thence north on such meridian to the fifth standard parallel
north; thence west on such parallel to the east line of range two west; thence north on
such line to a point one mile north of the center of the right-of-way of the Atchison,
Topeka & Santa Fe railway as it existed in 1891; thence westerly in a line one mile north
of and parallel with the center of such right-of-way to the meridian one hundred thirteen
degrees twenty minutes west longitude, as defined by the Mohave-Yavapai county boundary
survey of 1908; thence north along such meridian line as defined to the point where such
meridian line intersects the Colorado river; thence up the centerline of the Colorado
river to the mouth of Kanab creek; thence up Kanab creek to a point where such creek
intersects the boundary line between Utah and ARIZONA, being approximately the
thirty-seventh parallel of north latitude; thence east along such boundary to its
intersection with the meridian of one hundred ten degrees forty-five minutes west
longitude, the place of beginning.
11-106 Gila county
Gila county, the county seat of which is Globe, is bounded as follows:
Commencing at the point where the Mazatzal range of mountains intersects the
centerline of the Salt river; thence up the Salt river to the mouth of Tonto creek;
thence in a direct line to a mountain known as the "Water Shed;" thence in a direct line
to a point two hundred fifty yards west of the place where the "Mineral Creek Mill" stood
on February 8, 1881; thence in a direct line to the junction of the San Pedro and Gila
rivers; thence up the Gila river to the mouth of the San Carlos river; thence
northeasterly up the San Carlos river to a point where the river intersects the northern
line of township one north; thence east on such line to the point where such line
intersects the one hundred tenth meridian west longitude; thence north on such meridian
to the point where it intersects the thirty-fourth parallel north latitude; thence west
on such parallel to the point where such parallel intersects the meridian of one hundred
ten degrees forty-five minutes west longitude; thence north on such meridian to the
Mogollon Rim; thence westerly along the Mogollon Rim and the southern boundary of
Coconino county to the east line of range seven east of the Gila and Salt River Guide
meridian; thence south to the center of the channel of Fossil creek; thence southwesterly
along the center of the channel of Fossil creek to the point where the center of such
channel intersects the center of the channel of the Verde river; thence southerly along
the center of the channel of the Verde river to a point due west of a point or peak on
the summit of the Mazatzal mountains, known as and called North Peak; thence due east to
the North Peak summit of the Mazatzal range of mountains; thence southerly along the
summit of the Mazatzal range of mountains to the point where the Mazatzal range of
mountains intersects the centerline of the Salt river, the place of beginning.
11-107 Graham county
Graham county, the county seat of which is Safford, is bounded as follows:
Commencing at a point on the east line of range eighteen east, six miles south of
the intersection of such line with the second standard parallel south, being the
northwest corner of Cochise county; thence due north on the east line of range eighteen
east, being the eastern boundary of Pinal county, to the point where such line intersects
the Gila river; thence along the Gila river to the mouth of the San Carlos river; thence
up the San Carlos river to the point where such river intersects the north line of
township one north; thence east along the north line of township one north which is the
southern boundary of Gila county to the one hundred tenth meridian of west longitude;
thence north along such meridian to the Black river; thence up the Black river to its
intersection with the east boundary of the White Mountain or San Carlos Indian
reservation as defined by the resurvey of 1915; thence due south along the east boundary
line of such Indian reservation to the southeast corner of the reservation, as
established under instructions from the United States surveyor general of ARIZONA in the
year 1883; thence in a south southeasterly direction in a direct line to the highest
point of Thumb Butte; thence in a southerly direction following the boundary survey of
1912 to the summit of the north end of the Peloncillo range of mountains; thence in a
general southeasterly direction along the summit of such range, as defined by the survey
of 1912, to its intersection with the north boundary line of Cochise county, the point of
intersection being the township line between townships eleven and twelve south, Gila and
Salt River Guide meridian; thence west along the northern boundary line of Cochise county
to the place of beginning.
11-108 Greenlee county
Greenlee county, the county seat of which is Clifton, is bounded as follows:
Commencing at the point of intersection of the first standard parallel north, Gila
and Salt River Guide meridian, with the east boundary of ARIZONA; which point is the
southeast corner of Apache county; thence due west along such parallel to its
intersection with the center of the Black river; thence in a general southwesterly
direction down the center of such river to its intersection with the east boundary of the
White Mountain or San Carlos Indian reservation as defined by the resurvey of 1915;
thence due south along the east boundary line of the Indian reservation to the southeast
corner of such Indian reservation, as established under instructions from the United
States surveyor general of ARIZONA in the year 1883; thence in a south southeasterly
direction in a direct line to the highest point of Thumb Butte; thence in a southerly
direction following the boundary survey of 1912 to the summit of the north end of the
Peloncillo range of mountains; thence in a general southeasterly direction along the
summit of such range, as defined by the survey of 1912, to its intersection with the
north boundary line of Cochise county, such point of intersection being the township line
between townships eleven and twelve south, Gila and Salt River Guide meridian; thence
east along the north boundary line of Cochise county to its intersection with the east
boundary of ARIZONA, which point of intersection is the northeast corner of Cochise
county; thence north along the east boundary of ARIZONA to the place of beginning.
11-109 Maricopa county
Maricopa county, the county seat of which is Phoenix, is bounded as follows:
Commencing at a point where the meridian line one hundred thirteen degrees twenty
minutes west longitude, as defined by the Atwood survey of 1918, intersects the second
standard parallel south, being the northwest corner of Pima county; thence north on such
survey line and along the east boundaries of Yuma and La Paz counties to the point where
the meridian line one hundred thirteen degrees twenty minutes west longitude, as
surveyed, intersects the thirty-fourth parallel north latitude, as defined by the
Thompson survey of 1924; thence east on the thirty-fourth parallel north latitude, as
defined, and along the southern boundary of Yavapai county to the point where the
Hassayampa river intersects such parallel; thence southeast in a direct line following
the Thompson survey of 1924 to a point in the Agua Fria river two miles southerly and
below the mouth of Humbug creek; thence northerly up the Agua Fria river to a point two
miles southerly and below the place where the residence of J. W. Swilling stood on
January 31, 1877; thence easterly in a direct line following the Thompson survey of 1924
to the point where the thirty-fourth parallel north latitude, as defined by such survey,
intersects the Verde river; thence east on such parallel to the point where the parallel
as surveyed intersects the summit of the Mazatzal range of mountains; thence southerly
along the summit of the Mazatzal range of mountains to the point where such range of
mountains intersects the centerline of the Salt river; thence easterly up the Salt river
to the mouth of Tonto creek; thence southerly in a direct line toward a mountain known as
the "Water Shed," and along the western boundary of Gila county to the point where such
line and boundary intersects the north line of township one north; thence west on the
north line of township one north and along the northern boundary of Pinal county to the
point where such line intersects the eastern line of range seven east; thence south on
the eastern line of range seven east to the point where such line intersects the southern
line of township two south; thence west on such line to the point where such line
intersects the Gila river; thence northerly and westerly down the Gila river to the point
where the river intersects the eastern line of range one east, being the northwest corner
of Pinal county; thence south on such line to the point where such line intersects the
second standard parallel south, being the southwest corner of Pinal county; thence west
on such parallel to the point where it intersects the meridian line one hundred thirteen
degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, being the
place of beginning.
11-110 Mohave county
Mohave county, the county seat of which is Kingman, is bounded as follows:
Commencing at a point on the boundary line between Utah and ARIZONA, being
approximately the thirty-seventh parallel north latitude where such boundary line
intersects Kanab creek, being the northwest corner of Coconino county; thence west on the
Utah and ARIZONA boundary to the western boundary line of ARIZONA; thence southerly and
on the western boundary line of ARIZONA and down the main channel of the Colorado river
to Davis dam; thence following the state boundary as defined in the ARIZONA-Nevada and
ARIZONA-California boundary compacts to the mouth of the Bill Williams' river; thence up
the Bill Williams' river to the junction of Bill Williams' river and the main channel of
the Santa Maria river; thence up the Santa Maria river to the point where the meridian
line one hundred thirteen degrees twenty minutes west longitude, as defined by the
Mohave-Yavapai county boundary survey of 1908, intersects the main channel of the Santa
Maria river; thence north on the meridian as surveyed and along the western boundary line
of Yavapai county to its intersection with the south boundary line of Coconino county;
thence continuing along this alignment to the point where the meridian line one hundred
thirteen degrees twenty minutes west longitude, as defined, intersects the Colorado
river; thence up the Colorado river to the mouth of Kanab creek; thence up Kanab creek to
the point where such creek intersects the boundary line between Utah and ARIZONA, being
approximately the thirty-seventh parallel of north latitude, the place of beginning.
11-111 Navajo county
Navajo county, the county seat of which is Holbrook, is bounded as follows:
Commencing at the northeast corner of Coconino county; thence east following the
Utah and ARIZONA boundary to the one hundred tenth degree of west longitude; thence south
to the former southwest corner of the Navajo Indian reservation, as established by
presidential executive order dated January 6, 1880; thence east to the point intersecting
the line between ranges twenty-three and twenty-four east of the Gila and Salt River
Guide meridian; thence south along such range line to its intersection with the north
boundary line of Graham county; thence west along the northern boundary line of Graham
county to its intersection with the east boundary line of Gila county, which is the one
hundred tenth degree of west longitude; thence north to intersect with the thirty-fourth
degree of north latitude; thence west to intersect with the meridian of one hundred ten
degrees forty-five minutes west longitude; thence north to the place of beginning.
11-112 Pima county
Pima county, the county seat of which is Tucson, is bounded as follows:
Commencing at the point where the meridian line one hundred thirteen degrees twenty
minutes west longitude, as defined by the Atwood survey of 1918, intersects the second
standard parallel south, being the southwest corner of Maricopa county; thence east on
such parallel and along the southern boundaries of Maricopa and Pinal counties to the
point where such parallel intersects the eastern line of range eighteen east, being the
southeast corner of Pinal county; thence south on such range line and along the western
boundaries of Graham and Cochise counties to a point six miles north of the point at
which the fourth standard parallel south intersects such boundary line; thence due west
forty-two miles to the intersection of the line between ranges eleven and twelve east,
such point being near the Bustamante ranch as it existed in the year 1899 on Sopori
creek; thence due south fourteen miles; thence due west twelve miles to a point; thence
due south to the southern boundary line of ARIZONA; thence westerly and northerly on such
boundary line to the point where such boundary line intersects the meridian line one
hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey
of 1918, being the southeast corner of Yuma county; thence north along such meridian line
to the point where such meridian line intersects the second standard parallel south, the
place of beginning.
11-113 Pinal county
Pinal county, the county seat of which is Florence, is bounded as follows:
Commencing at the point where the eastern line of range one east intersects the
second standard parallel south, being the southeast corner of Maricopa county; thence
east on such parallel to the point where such parallel intersects the eastern line of
range eighteen east; thence north on the eastern line of range eighteen east to the point
where such line intersects the Gila river; thence down the Gila river to the junction of
the Gila river with the San Pedro river; thence in a direct line to a point two hundred
fifty yards west of the place where the "Mineral Creek Mill" stood on February 8, 1881;
thence in a direct line to a mountain known as the "Water Shed," which lies about a half
mile east of Pinal ranch; thence to a point where the northern line of township one north
intersects a direct line between the Water Shed mountain and the mouth of Tonto creek;
thence west on the north line of township one north and along the southern boundary of
Maricopa county to the point where such line intersects the eastern line of range seven
east; thence south on the eastern line of range seven east to the point where such line
intersects the southern line of township two south; thence west on such line to the point
where such line intersects the Gila river; thence down the Gila river to the point where
such river intersects the eastern line of range one east; thence south on such line to
the point where such line intersects the second standard parallel south, the place of
beginning.
11-114 Santa Cruz county
Santa Cruz county, the county seat of which is Nogales, is bounded as follows:
Commencing on the international boundary line between the United States and the
Republic of Mexico, at the point where the eastern line of range eighteen east of the
Gila and Salt River Guide meridian touches the international boundary line; thence north
along the eastern line of range eighteen east to a point where said line intersects the
south boundary line of the San Ignacio del Babacomari land grant; thence east along the
south line of said land grant approximately one-half mile, to a point due south of the
intersection of the east line of range eighteen east with the north boundary line of the
San Ignacio del Babacomari land grant; thence north through the aforesaid intersection
point on the north line of said land grant along the eastern line of range eighteen east
to a point six miles north of the fourth standard parallel south; thence due west
forty-two miles to the intersection of the line between ranges eleven and twelve east,
such point being near the Bustamante ranch as it existed in the year 1899 on Sopori
creek; thence due south fourteen miles; thence due west twelve miles to a point; thence
due south to said international boundary line; thence easterly along said international
boundary line to the place of beginning.
11-115 Yavapai county
Yavapai county, the county seat of which is Prescott, is bounded as follows:
Commencing at the point where the thirty-fourth parallel of north latitude, as
defined by the Thompson survey of 1924, and the summit of the Mazatzal mountains
intersect; thence northerly along the summit of the Mazatzal mountains to the summit of
the mountain known as and called "North Peak;" thence due west to the center of the
channel of the Verde river; thence northerly along the center of the channel of the Verde
river to the center of the channel of the mouth of Fossil creek; thence up Fossil creek
along the center of the channel to the east line of range seven east, Gila and Salt River
Guide meridian; thence north on such line to the fourth standard parallel north; thence
west along such parallel to the east line of range five east; thence north on such line
to the north line of township eighteen north; thence west on such line to the Gila and
Salt river meridian; thence north on such meridian to the fifth standard parallel north;
thence west on such parallel to the east line of range two west; thence north on such
line to a point one mile north of the center of the right-of-way of the Atchison, Topeka
& Santa Fe railway as it existed in 1891; thence westerly in a line one mile north and
parallel with the center of the right-of-way to the meridian of one hundred thirteen
degrees twenty minutes west longitude, as defined by the Mohave-Yavapai county boundary
survey of 1908; thence south along the meridian line as surveyed and along the eastern
boundaries of Mohave and La Paz counties to the point where such meridian line intersects
the thirty-fourth parallel north latitude, as defined by the Thompson survey of 1924,
being the northwest corner of Maricopa county; thence east on the thirty-fourth parallel
north latitude, as defined, and along the northern boundary of Maricopa county to the
point where the Hassayampa river intersects such parallel; thence southeasterly in a
direct line following the Thompson survey of 1924 to a point in the Agua Fria river two
miles southerly and below the mouth of Humbug creek; thence northerly up the Agua Fria
river to a point two miles southerly and below the place where the residence of J. W.
Swilling stood on January 31, 1877; thence easterly in a direct line, following the
Thompson survey of 1924, to the point where the thirty-fourth parallel north latitude, as
defined by such survey, intersects the Verde river; thence east on the thirty-fourth
parallel north latitude, as surveyed, to the summit of the Mazatzal mountains, the point
of beginning.
11-116 Yuma county
Yuma county, the county seat of which is Yuma, is bounded as follows:
Commencing at the point where a meridian line one hundred thirteen degrees twenty
minutes west longitude, as defined by the Atwood survey of 1918, intersects the southern
boundary line of the state of ARIZONA, being the southwestern corner of Pima county;
thence north on the meridian, as defined, and along the western boundaries of Pima and
Maricopa counties to the Gila and Salt river base line; thence west along said base line
to a line common to ranges 16 and 17 west, Gila and Salt river base and meridian; thence
north along said range line to the line common to townships 1 and 2 north; thence west
along said township line to the line common to ranges 19 and 20 west; thence south along
said range line to the line common to townships 4 and 5 south; thence west along said
line to the west boundary of the state of ARIZONA; thence south along the west boundary
of the state of ARIZONA to the southwest corner of the state of ARIZONA; thence easterly
and southerly along the southern boundary line of the state of ARIZONA to the point of
beginning.
11-117 La Paz county
La Paz county, the county seat of which is Parker, is bounded as follows:
Commencing at the point where the meridian line one hundred thirteen degrees twenty
minutes west longitude, as defined by the Mohave-Yavapai county boundary survey of 1908
and the Atwood survey of 1918, intersects the main channel of the Santa Maria river,
being the southeast corner of Mohave county; thence south on the meridian, as defined,
and along the western boundaries of Yavapai and Maricopa counties to the Gila and Salt
river base line; thence west along said base line to the line common to ranges 16 and 17
west, Gila and Salt river base and meridian; thence north along said range line to the
line common to townships 1 and 2 north; thence west along said township line to the line
common to ranges 19 and 20 west; thence south along said range line to the line common to
townships 4 and 5 south; thence west along said line to the west boundary of the state of
ARIZONA; thence north along the Colorado river and the west boundary of the state of
ARIZONA, as defined by the ARIZONA-California boundary compact, to the junction of the
Colorado river and the Bill Williams' river; thence easterly up the Bill Williams' river
and along the southern boundary of Mohave county to the Santa Maria river; thence up the
Santa Maria river and the southern boundary of Mohave county to the point of beginning.
11-121 Action to determine boundary
When a dispute arises between two counties respecting the location of the boundary
line between such counties, or when the boundary line between two counties is so
indefinite as to make it impossible to determine where the county line is, and a portion
of territory by reason of the indefinite description is claimed by two counties, either
county may commence an action against the other in the supreme court for the purpose of
having the boundary line determined.
11-122 Survey of boundary
At any time before the final hearing of the action, the court may order a survey to
be made of the disputed boundary line by the state engineer or by such other surveyor as
it designates, and it may direct maps and drawings of the survey to be made, the expense
to be borne by the two counties equally, or in such proportion as the court directs. The
court may direct a further survey to be made if necessary.
11-123 Judgment
The judgment of the court shall define and designate the true boundary between the
two counties, and shall direct that it be marked in such manner as the court deems
proper, and the cost of the marking shall be borne by the two counties equally, or in
such proportions as the court directs.
11-131 Definitions
In this article, unless the context otherwise requires:
1. "Affected county" means each existing county affected by a proposed formation of
new counties.
2. "Assessed valuation" means the net assessed valuation used for purposes of
levying primary property taxes for the tax year immediately preceding the filing of the
petition for the formation of counties.
3. "Commission" means the county formation commission established pursuant to
section 11-136.
4. "New county" means a county which has been approved by the voters at an election
on formation held pursuant to section 11-137.
5. "Privately owned land" includes all lands other than federal, Indian, state,
county, municipal and other governmental lands which are exempt from taxation under
article IX, section 2, Constitution of ARIZONA.
6. "Proposed county" means a county proposed by petition pursuant to section 11-133
to be formed from an affected county or counties but before an election on formation is
held pursuant to section 11-137. The term applies to each territory proposed as a county
including the county in which an existing county seat is proposed to be located.
11-132 Methods of formation; requirements
A. Counties may be formed or divided either by legislative enactment, by statewide
initiative pursuant to article IV, part 1, section 1, Constitution of ARIZONA, or by
county initiative pursuant to this article. The requirements of this article, however,
do not apply to counties formed or divided by legislative enactment or by statewide
initiative.
B. A county shall not be formed or divided by county initiative pursuant to this
article unless each proposed county would have all of the following qualifications:
1. At least three-fourths of one per cent of the total state assessed valuation and
at least the statewide per capita assessed valuation.
2. A population of at least three-fourths of one per cent of the total state
population according to the most recent United States decennial census.
3. At least one hundred square miles of privately owned land.
4. Common boundaries with either:
(a) At least three other existing or proposed counties.
(b) At least two other existing or proposed counties and the state boundary.
11-133 Petition; contents
A. The division or formation of counties pursuant to this article shall be
initiated by petition. The petition shall be addressed to the secretary of state and
shall contain:
1. The name and address of the person or organization proposing the formation of
new counties.
2. The name of the affected county or counties.
3. A description of the boundaries of the proposed counties and a statement that
the boundaries are subject to review and final determination by the county formation
commission.
4. A statement of the approximate assessed valuation in each proposed county and
the source of those data.
5. A statement of the approximate population in each proposed county and the source
of those data.
6. A statement of the approximate total land area and privately owned land area in
square miles of each proposed county.
7. A request to begin proceedings for the formation of new counties.
B. The petition must be signed by qualified electors who are equal in number to at
least twenty per cent of the number of registered voters of each affected county as of
January 1 following the last general election. Each petitioner shall include his printed
name, his address and the date of signing.
11-134 Notice of intention to circulate petitions
A. Before circulating a petition for the formation of new counties, the proponents
shall file a notice of intention to do so with the secretary of state who shall transmit
a copy to the clerk of the board of supervisors of each affected county. The notice
shall include a written statement which does not exceed five hundred words and states the
objectives to be achieved by forming the new counties.
B. The secretary of state shall immediately cause the notice to be published once
each week for three consecutive weeks in a newspaper of general circulation in each
affected county. The clerk of the board of supervisors in each affected county shall
also post the notice in a public location in the county seat.
C. The petition for the formation of new counties shall not be circulated for
signatures until thirty days after the notice of intention is filed with the secretary of
state.
11-135 Filing of petition; review; certification of results
A. Completed petitions shall be filed with the secretary of state. All copies and
counterparts of the petition shall be filed at the same time.
B. The secretary of state shall not accept the petition unless the signatures have
been obtained and the petition is submitted for filing, within two hundred seventy days
after the filing of the notice of intention to circulate petitions. If the petition does
not meet this requirement, the petition is insufficient and the secretary of state shall
file it as a public record without prejudice to the filing of a new petition and
immediately notify the person or organization proposing the new counties stating the
reason for the insufficiency.
C. On receipt of a petition which meets the requirements of subsection B, the
secretary of state shall immediately transmit a copy to the county recorder of each
affected county with an order to examine the signatures from his respective county within
twenty days. The recorder shall compare the names of a random sampling of at least five
per cent of the persons from his county signing the petition with the county registration
records and certify the results to the secretary of state.
D. After the secretary of state receives the results from all affected county
recorders, he shall determine whether the petition is sufficient. If the petition is
insufficient, the secretary of state shall immediately notify by certified mail the
person or organization proposing the formation of the new counties and the clerk of the
board of supervisors of each affected county stating the reason for the insufficiency and
file the petition as a public record without prejudice to the filing of a new
petition. If the petition is sufficient, the secretary of state shall immediately
transmit copies of his certification to the person or organization proposing the new
counties, the clerk of the board of supervisors of each affected county, the president of
the senate, the speaker of the house of representatives, each legislator whose district
is in an affected county, the attorney general and the governor.
E. A petition may not be filed under this section within three years of the date of
certification of a prior petition which included in its description of boundaries for a
proposed county any territory which is the subject of the new petition.
11-136 County formation commission
A. Within fifteen days of receipt of certification of the petition pursuant to
section 11-135, subsection D, the governor shall appoint a county formation commission of
three members, none of whom may reside in an affected county and no more than two of whom
may be members of the same political party. At least one of the appointees must be a
member of the state bar of ARIZONA, at least one of the appointees must be a certified
public accountant and at least one of the appointees must have experience in property
valuation and appraisal procedures. The governor shall designate one member to act as
chairman. Members of the commission are entitled to receive compensation of one hundred
dollars for each day engaged in the service of the commission plus reimbursement for
travel and subsistence expenses pursuant to title 38, chapter 4, article 2. The
commission may employ or contract for such clerical and professional staff services as
may be necessary to perform its functions. The initial meeting of the commission shall
be held at the call of the chairman within ten days after notice and acceptance of the
members' appointment. No member, employee, agent or representative of the commission may
use or promise to use any official authority or influence for the purpose of influencing
the outcome of the proposed formation of new counties.
B. The commission shall consider and determine:
1. The fiscal impact of the proposed county formation and the economic viability of
the proposed counties, including the costs of the proceedings to form the counties and
potential disruptions and delays in delivery of federal and state aid and payments to the
proposed counties.
2. The comparative costs of providing services in the affected county or counties
and each proposed county.
3. The projected revenues available to the affected county or counties and each
proposed county.
4. The final boundaries of the proposed counties.
5. A procedure for the orderly and timely transfer of service functions and
responsibilities from the affected county or counties to each proposed county.
6. The division of each proposed county into supervisorial districts.
7. The proposed transfer, division and apportionment between the proposed counties
of all real and personal property, valued at replacement cost less depreciation, and cash
accounts owned by the affected county or counties.
8. Bonds and other indebtedness of the affected county or counties which are
outstanding or authorized and other contracts and obligations of the affected county or
counties which would be divided, apportioned and assumed by the proposed county or
counties.
9. Estimated taxes, assessments or other authorized charges necessary in each
proposed county to meet these liabilities in the first full fiscal year after the
proposed county or counties are formed.
10. Each community college district, school district and special taxing district
within the affected county or counties.
11. The indigent population of the proposed county or counties, determined as of the
commission's initial meeting, for purposes of the ARIZONA health care cost containment
system.
C. At any time before the final commission hearing the commission shall receive
written requests to modify the boundaries of the proposed counties from any real property
owner or registered voter in a proposed county. Such a request must contain sufficient
information to identify the property or territory affected by a proposed modification and
state the reasons for the request. The commission shall not change the boundaries
described in the petition filed with the secretary of state unless modification is
necessary in the interest of public convenience and necessity or to maintain an existing
community of interest. The boundaries of a proposed county shall not pass through or
divide an incorporated city or town or, if practicable, a special taxing district
established under title 48 which receives financial assistance from the county. If
possible, the boundaries shall be set along existing survey lines or political or
administrative boundaries. The requirements of section 11-132, subsection B apply to
proposed counties formed by the final boundaries prescribed by the commission.
D. In the case of a countywide district, a district which receives financial
assistance from the county or which is governed by the affected county's board of
supervisors, the auditor general shall audit and inventory the district's assets and
liabilities and, if necessary, determine a fair and equitable division of them between
the proposed counties.
E. All officers and employees of an affected county and all state agencies shall
cooperate with, perform any functions required by and produce any books, records or other
documents of the county requested by and necessary for the commission to perform its
duties.
F. Within one hundred eighty days after notice and acceptance of the members'
appointments the commission shall adopt a report and summary of its findings and its
determination of the final boundaries of each proposed county. The commission shall
transmit copies of the report to the person or organization proposing the county boundary
changes, the secretary of state, the governor, the attorney general, the clerk of the
board of supervisors of each affected county, the president of the senate, the speaker of
the house of representatives and each legislator whose district is in an affected county.
G. The findings and determinations of the commission are the terms and conditions
of the formation of the proposed counties. Except as otherwise authorized by this
article, those terms and conditions are final and binding in each affected county and in
each new county if the new counties are established pursuant to this article.
11-137 Election on formation of new counties
A. The secretary of state shall call a special election in the affected county or
counties for the approval or disapproval of the proposed new county or counties. The
election shall be held on the eighth Tuesday following the issuance of the commission's
report under section 11-136, subsection F, except that an election shall not be held
between January 1 and the general election date in a year in which the president of the
United States is elected.
B. The notice of the election shall:
1. State that the proposal is to establish:
(a) A new county or counties according to the determination of and terms and
conditions prescribed by the commission in its report.
(b) A county distribution board to determine and accomplish the division of and
payment for the property of the affected county or counties as provided in section
11-143.
2. State the boundaries of the proposed county or counties.
3. State that, if the proposed county or counties are approved, the county names
and county seats will be determined pursuant to section 11-141 and that county officers
will be chosen at the next regular primary and general elections for county officers
pursuant to section 11-140.
4. Designate the date of the election.
5. Designate the election precincts and places where the polls will be open as
established by the board of supervisors of each affected county and the secretary of
state under subsection G of this section.
6. Name the election officers of the several precincts.
C. The notice of the election shall be published at least twice in a newspaper of
general circulation in each of the affected counties.
D. The secretary of state shall cause to be printed and at least ten days before
the election shall mail to each registered voter household in each affected county a
publicity pamphlet containing the notice of election prescribed by this section, a sample
election ballot and the summary of the commission's report prepared pursuant to section
11-136, subsection F. Not later than forty days before the election a person may file
with the secretary of state an argument, not exceeding two hundred words in length,
advocating or opposing the formation of the proposed new county or counties. Each
argument must be signed by the person, or the officers of the organization, sponsoring it
and accompanied by a fee of two hundred dollars. The person or persons signing the
argument shall identify themselves by giving their residence or post office address. The
publicity pamphlet shall include each argument so filed.
E. The ballot shall state "Shall new counties be established from existing
__________ (county or counties) as prescribed in the report of the county formation
commission, including the establishment of a distribution board to estimate taxes to be
levied for the distribution of county assets, liabilities and records?" followed by
spaces designated "yes" and "no" in which the voter may indicate his vote for or against
the proposition. Except as otherwise provided and as far as practicable, the secretary of
state shall conduct the election and canvass the returns in the same manner as general
elections. If there is only one affected county and as is otherwise practicable, the
secretary of state may delegate election responsibilities under this section as he deems
appropriate to the board of supervisors.
F. Registered voters are entitled to vote in the election. Any person eligible to
register who is not registered may register with the county recorder up to twenty-nine
days before the election.
G. If necessary for purposes of the election, the secretary of state may order the
board of supervisors of an affected county to change the boundaries of election precincts
in its county to conform to the boundary between proposed counties. If the precinct
boundaries are changed, the secretary of state shall notify the attorney general to
initiate proceedings to determine compliance with applicable federal laws under section
11-139, and the election date may be postponed accordingly.
H. On the second Monday following the election the secretary of state shall canvass
the returns. The proposition to form the new counties is approved only if a majority of
the votes cast in each proposed new county favors the proposition.
I. The secretary of state shall immediately make an order declaring the result and
transmit copies of the order to the clerk of the board of supervisors of each affected
county, the governor, the attorney general, the president of the senate, the speaker of
the house of representatives and each legislator whose district is in an affected county.
11-138 Report by campaign committees
Campaign committees, as defined in section 16-901, promoting or opposing the
formation of new counties under this article shall register with and report to the
secretary of state and otherwise comply with the requirements of title 16, chapter 6
regarding the election under section 11-137.
11-139 Compliance with federal law
If the formation of new counties is approved by an election pursuant to section
11-137, the attorney general shall immediately initiate proceedings to determine
compliance with applicable federal laws. The commission, with the concurrence of the
attorney general, may correct minor deficiencies in order to achieve compliance, but if
it is finally determined that the formation of the new county or counties does not comply
with applicable federal laws, the proceedings under this article regarding those counties
are terminated, the new county or counties shall not be formed and the affected county or
counties shall continue in existence.
11-140 Election of county officers
A. County officers of new counties, except clerk of the superior court, shall be
nominated and elected at the next regular primary election and general election at which
the president of the United States is elected following the election on
formation. County officers shall not be elected for the affected county or counties at
those elections. The initial clerk of the superior court of each new county shall be
appointed under section 11-142, subsection E.
B. The secretary of state shall order, conduct and canvass the elections pursuant
to title 16 so far as practicable and may:
1. If there is only one affected county, delegate the election responsibilities
under this section as he deems appropriate to its board of supervisors.
2. Order the revision of precinct boundaries as may be necessary from those used in
the election on formation.
3. Assign a nondescriptive designation to a new county for purposes of conducting
the elections pending the selection of a county name pursuant to section 11-141.
C. Except for the purposes prescribed in section 11-142, all county officers
elected at the election hold office from January 1 following the election until the times
provided by general law for the next election and qualification of such officers and
until their successors are elected and qualified.
11-141 Determination of names and county seats of new counties
A. The new county in which the county seat of an affected county is located shall
retain the name of the affected county. The county seat of an affected county shall
continue as the county seat of the new county in which it is located. If no county seat
is located in a new county, or if two or more county seats are located in the same new
county, the name and county seat of that county shall be determined pursuant to this
section at the general election for the election of county officers.
B. If five per cent of the qualified electors of a new county petition the
secretary of state at least sixty days before the general election suggesting a name for
or county seat of the county, the secretary of state shall order the name or county seat
nomination placed on the general election ballot. If no name or county seat or only one
name or county seat is so nominated, the governor shall nominate a name or names or
municipality or municipalities as county seat so there will be two choices for each
question on the ballot.
C. A plurality of the votes cast on the questions so submitted shall determine the
county name and county seat.
11-142 Organization of new county; powers and duties of county officers pending organization
A. A new county approved pursuant to this article is officially organized and
exists and the affected county or counties are officially terminated from and after
December 31 following the election of county officers pursuant to section 11-140. The
affected county or counties shall continue to provide necessary services through December
31.
B. After the canvass of the election of county officers the initial board of
supervisors and other officers of each new county shall begin the organization of their
respective counties. Any action taken before January 1 is merely preparatory in nature
but shall be confirmed on the official organization of the county. For these purposes,
and according to the determination of the commission, the county officers may arrange
for:
1. Employing and terminating personnel.
2. Purchasing or otherwise acquiring and disposing of property.
C. Before January 1 the boards of supervisors of the new counties may enter into
contracts, including intergovernmental agreements pursuant to chapter 7, article 3 of
this title, to become effective January 1.
D. The budgets of the new counties for the period before the first full fiscal year
after the establishment of the new county governments shall be set by the distribution
board, derived from the budget of the affected county or counties and apportioned among
the new counties according to their respective populations.
E. The governor shall appoint a clerk of the superior court in each new county to
hold office until the time provided by general law for the next election and
qualification of an elected clerk of the court. Legal actions pending at the time of
organizing new counties shall be transferred or otherwise disposed of pursuant to
sections 12-402 and 12-403.
F. All ordinances, codes and rules of the affected county continue in effect, apply
to and shall be enforced by the new county until revoked or superseded by ordinances,
codes or rules adopted by the new county.
11-143 Distribution board
A. After the new county or counties are organized a special district governed by a
distribution board is established consisting of the territory of the formerly existing
affected county or counties. The function of the distribution board is to determine and
accomplish the division, transfer and distribution of and payment for the property,
assets, liabilities and records of the affected county or counties. The distribution
board consists of two members elected at large from each new county plus the chairman of
the county formation commission who shall act ex officio as the chairman of the board
with the power to vote. The elective members shall be elected by nonpartisan ballot at
the general election for the election of county officers pursuant to section 11-140. The
names of candidates shall be placed on the general election ballot by petition pursuant
to section 16-341 as it applies to county officers. The two candidates receiving the
most votes in each new county are elected. If for any reason two members are not elected
from a new county, the board of supervisors of the new county shall appoint a member or
members as necessary so that the new county has two representatives on the distribution
board. Elective members of the distribution board are entitled to compensation for their
services determined pursuant to section 38-611. The chairman of the distribution board is
entitled to compensation for services determined pursuant to section 11-136, subsection
A. The distribution board is established and exists for two years beginning January 1
following the election of county officers pursuant to section 11-140 and terminating for
all purposes from and after December 31 of the second calendar year following that
election. The term of office for elective members and the chairman is for the duration
of the distribution board's existence. A vacancy on the distribution board shall be
filled by appointment by the respective county board of supervisors or by the governor in
the case of the chairman. Elective county officers of the new counties shall provide the
distribution board with necessary information and assistance to enable the distribution
board to carry out its responsibilities under this section.
B. In the final annual budget of the affected county adopted pursuant to title 42,
chapter 17, article 3, the board of supervisors shall include an amount for the operation
of the distribution board during its first year of operation including legal, appraisal,
survey and other costs. When collected, that amount shall be segregated and paid to the
distribution board on the date of its organization. Taxes and federal, state and all
other monies payable to the affected county after its termination and monies in the
affected county's treasury shall be paid to the distribution board which shall account
for the monies received according to their source. The distribution board shall pay all
monies collected to the respective new county from or on behalf of which the monies were
collected.
C. The distribution board shall annually estimate an amount to be levied as a tax
on all the taxable property in the district to pay the distribution board's costs of
administration and operation and to compensate any new county for property and other
assets to which it is entitled under the terms of the transfer, division and
apportionment of property as prescribed by the commission but which cannot be physically
conveyed to the new county. On or before June 30 each year the distribution board shall
certify to the board of supervisors of each new county the amount of taxes necessary to
be levied for these purposes, and the board of supervisors shall levy and cause that
amount to be collected as secondary taxes at the same time and in the same manner as
levying and collecting general county taxes. The money so collected shall be paid to the
distribution board which shall account for and expend the monies according to the
purposes prescribed by this section. Any amounts remaining in the operating account of
the distribution board on the date of its termination shall be paid to the new counties
in proportion to their respective assessed valuation. Any amounts collectible by the
distribution board on the date of its termination shall be collected by the respective
new county in which they were assessed and paid to the state treasurer. The state
treasurer shall hold these monies in trust for and pay them monthly to the respective new
county on behalf of which they were collected according to the records of the
distribution board.
D. The distribution board shall:
1. Establish a method to divide, apportion and assign to the respective new
counties the liability for payment of any amounts which come due on account of:
(a) Bonds or other indebtedness of the affected county or counties which are
outstanding or authorized when the affected county or counties are terminated.
(b) Other contracts and obligations, including employee compensation, of the
affected county or counties.
(c) Indebtedness, contracts and other obligations of the distribution board.
2. Transfer, divide and apportion between the new counties all real and personal
property and cash accounts of the affected county or counties as prescribed by the
commission, compensating any new county for property which cannot be physically conveyed.
E. All records of an affected county shall, on its termination, be immediately
transferred to the possession and custody of the distribution board. As soon as
practicable the distribution board shall divide and transfer these records to the
respective new county as appropriate. The records which would or should have been made
in a new county, if it had been organized at the time of making the records, shall be
transferred to that new county. The distribution board shall allow access to and
inspection and transcription of county records by any person otherwise authorized by law
to inspect or transcribe the particular records. If a transcript is made and properly
verified and deposited, it has the same validity and effect as the original.
F. Before the distribution board is terminated the auditor general shall audit all
of the distribution board's records and transmit the results of the audit to the board of
supervisors of each new county and to the legislature. The costs of this audit shall be
included in the distribution board's final budget and paid from the final tax levy for
the distribution board.
11-144 Resolution of disputes; appeals; termination of commission
A. After the formation of new counties is approved pursuant to the election held
under section 11-137 the commission shall act to resolve disagreements involving
terminating and transferring the affairs of the affected county or counties, community
college, school districts and special taxing districts and actions of the distribution
board and may hear disputes, render opinions and issue orders. Pending an appeal, an
opinion or order of the commission has the same legal effect with respect to the county
officers and state officials as an attorney general opinion has with respect to state
officers and agencies.
B. A person aggrieved by a determination, opinion or order of the commission made
pursuant to any provision of this article may appeal to the supreme court, and the
hearing and determination of the appeal shall be given a priority.
C. The commission shall complete its work not later than December 31 of the second
year following the organization of the new county or counties, from and after which date
the commission is terminated.
11-145 Payment of costs of county formation
A. All costs of the secretary of state and of the commission under this article are
charges against the affected county or counties before their termination and against the
new counties after their organization. Costs which can be identified with a specific
county shall be charged against that county, but otherwise the costs shall be apportioned
between the counties according to their respective assessed valuations.
B. All claims for payment shall be made through the secretary of state to the
department of administration. Each month the department of administration shall certify
the amounts of the claims to the state treasurer and the treasurer shall withhold and pay
the amounts from the monies otherwise payable to the respective counties under section
42-5029, except that the amount withheld shall not exceed one-half of the amount payable
to the county in any month. The treasurer shall continue to withhold monies from county
payments until all claims under this article are satisfied.
11-171 Petition for change of county seat
When a petition, signed by qualified electors of a county equal in number to at
least thirty-three and one-third per cent of all the votes cast within the county for
governor in the last preceding general election, is filed with the board of supervisors
praying for a change of the county seat, the board shall submit the question of such
change to the qualified electors of the county at a special election to be held for that
purpose, or at the next general election of county officers. The petition for the change
shall be substantially in the form, and signed and verified as generally provided for
initiative petitions.
11-172 Hearing on petition; notice
When the petition is filed, the board shall fix a time for a public hearing upon the
petition and the clerk shall give notice thereof by publication in such newspapers
published in the county as designated by the board, not exceeding three, at least once in
each week for two weeks, the first publication to be at least two weeks before the date
of hearing, and by posting a copy of the notice in the post office in each incorporated
city or town in the county, and at some public place in each election precinct of the
county.
11-173 Review of petition; order for election
At the time specified in the notice, the board shall meet and inquire into and
determine the sufficiency of the petition and the validity of the signatures thereto. If
the petition is found sufficient and signed by the required number the board shall make
an order directing that a special election be held to submit to the electors of the
county the question of the change of the county seat, and, if so, to what place it shall
be moved. The board shall fix the time of holding the election, which shall be held not
less than thirty nor more than ninety days after making the order. If, however, a
general election is to be held in the county within six months after making the order,
the board shall order that the questions be submitted at the next general election.
11-174 Form of ballot
The ballot shall submit the question: "Shall the county seat be changed," "yes"
followed by a square and "no" followed by a square, and shall also submit the place or
places to which the county seat is proposed to be moved, with a square following each
place entitled to be printed on the ballot for the voter to indicate his choice.
11-175 Petition to place city or town on ballot; designation of site for courthouse required
The name of a city or town in the county shall be printed upon the ballot if there
has been filed at least twenty days before the election a petition signed by qualified
electors of the county equal in number to at least five per cent of the total number of
votes cast within the county for governor at the last preceding general election, praying
that the name of such city or town be placed on the ballot. Before the name of a city or
town may be printed on the ballot, the chief officer and governing body of the city or
town shall file with the board a statement signed by the chief officer designating one or
more sites for the proposed courthouse, which shall be in or conveniently near the city
or town, and shall describe the area of each site and the price at which each can be
obtained, together with an offer from the owner agreeing to sell at such price. If any
such city or town is chosen as the county seat, the board shall purchase one of the sites
so designated, if suitable for construction of the courthouse, at a price not exceeding
the sum mentioned in the statement.
11-176 Canvass of votes; determination of election result
The board shall meet on the second Monday after the special election, or at the time
fixed by law after a general election, and canvass the votes upon the questions. If
sixty per cent or more of the votes cast upon the question favor the change, and if a
city or town has received a majority of the votes cast at the election, the board shall
thereupon issue its order declaring the county seat removed, that the city or town so
receiving the majority of the votes cast shall thereafter be the county seat of the
county, and that as soon as practicable, all public records be removed thereto.
11-177 Special election to determine new location
If the votes cast favored the change, but no city or town received a majority vote,
the board shall thereupon enter an order directing a special election to be held for the
purpose of determining the location of the county seat, which shall be held not less than
thirty nor more than sixty days from the date of the order. The election shall be for
the purpose of determining which of the two places receiving the highest number of votes
at the preceding election shall be the county seat, and only the names of such two places
shall be placed upon the ballot. On the second Monday after the election the board shall
meet and canvass the votes and thereupon enter an order directing that the county seat be
moved to the city or town receiving the highest number of votes.
11-178 Limitation on change of county seat
When a county seat has been changed as provided by this article, no election shall
be held for a further change for twelve years thereafter. When at the election the
proposal for a change of the county seat fails, no subsequent election for a change of
the county seat may be held within six years thereafter.
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