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.
Terms Used In Arizona Laws 11-136
- Affected county: means each existing county affected by a proposed formation of new counties. See Arizona Laws 11-131
- Appraisal: A determination of property value.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Commission: means the county formation commission established pursuant to section 11-136. See Arizona Laws 11-131
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- New county: means a county which has been approved by the voters at an election on formation held pursuant to section 11-137. See Arizona Laws 11-131
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- 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. See Arizona Laws 11-131
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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.