Arizona Laws 48-6804. Hearing on objections
A. Any person claiming an interest in real property that the resolution discloses is situated in the district or any qualified elector of the district may file a written objection with the clerk before 5:00 p.m. on the business day preceding the date and time set for the hearing. The objection may raise one or more of the following:
Terms Used In Arizona Laws 48-6804
- Clerk: includes any person or official who performs the duties of clerk of the municipality or any person appointed by the district board to be the district clerk. See Arizona Laws 48-6801
- District: means a tax levying revitalization district formed pursuant to this article. See Arizona Laws 48-6801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- General plan: means the general plan described in section 48-6802, subsection B, as the plan may be amended. See Arizona Laws 48-6801
- Governing body: means the body or board that by law is constituted as the legislative department of the municipality, Indian tribe or community. See Arizona Laws 48-6801
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Oath: includes an affirmation or declaration. See Arizona Laws 1-215
- Oath: A promise to tell the truth.
- Owner: means the person who, on the day the action, election or proceeding is begun or held, appears to be the owner of real property as shown on the property tax assessment roll. See Arizona Laws 48-6801
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Writing: includes printing. See Arizona Laws 1-215
1. That the objector’s property would not be benefited from the improvements set forth in the general plan and that the property should be excluded from the district.
2. That the district should not be formed, stating the specific reasons.
3. That the general plan should be modified, stating the reasons for modification.
B. At the hearing, including any adjournments or continuances, the governing body shall hear and pass only on the written objections and the testimony and evidence presented in support of or opposition to the objections.
C. Testimony at the hearing need not be under oath, unless requested by any owner or qualified elector or required by the governing board. Requests by owners or qualified electors that the testimony be under oath must be made in writing and be filed with, or served on, the clerk before the hearing begins or the request is deemed waived.
D. The minutes or a copy of a written transcript or a tape recording of the proceedings of a hearing conducted pursuant to this section shall be open to public inspection three working days after the conclusion of a hearing. Any person may request to examine or be furnished copies, printouts, photographs, transcripts or recordings of a hearing during regular office hours of the governing body. The custodian of the records shall furnish the copies, printouts, photographs, transcripts or recordings and may charge a reasonable fee that does not exceed the actual cost of reproducing the item requested.