Arizona Laws 48-703. Notice
A. The clerk of the municipality or county shall execute a notice that shall read substantially as follows:
Terms Used In Arizona Laws 48-703
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- assessment roll: means a special assessment made under the provisions of this article. See Arizona Laws 48-571
- Clerk: includes any person or official who performs the duties of clerk of the municipality or county or any person appointed by the district board to be the district clerk pursuant to section 48-711. See Arizona Laws 48-701
- County: means a county that forms a community facilities district pursuant to this article in an unincorporated area or in an incorporated area with the municipality's consent. See Arizona Laws 48-701
- District: means a tax levying community facilities district formed pursuant to this article by a municipality or formed pursuant to this article by a county in an unincorporated area or in an incorporated area with the municipality's consent. See Arizona Laws 48-701
- 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 48-702, subsection D, as the plan may be amended. See Arizona Laws 48-701
- Governing body: means the body or board that by law is constituted as the legislative department of the municipality or county. See Arizona Laws 48-701
- Municipality: means an incorporated city or town. See Arizona Laws 48-701
- Owner: means the person or entity that, 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 48-701
- 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.
To whom it may concern:
The governing body of the (city) (town) (county) of __________, on (Date) , adopted the attached resolution declaring its intention to form a tax levying community facilities district. A hearing on formation will be held on (Date) , at (Time) at (Location) . All persons owning or claiming an interest in property in the proposed district who object to the inclusion of their land in the district, to the formation of the district or to the contents of the general plan must file a written objection with the undersigned at the following address before the time set for the hearing.
(Date)__________________________
________________________________
Clerk
________________________________
Address
(Name of municipality or county)
B. A copy of the resolution declaring the governing body’s intention to form the district shall be attached to the notice and the clerk of the municipality or county shall cause a copy to be mailed to the owners of real property in the district as shown on the most recent property tax assessment roll and to all other persons claiming an interest in such property who have filed a written request for a copy of the notice within the six months preceding or at any time following the adoption of the resolution of intent to form the district. The clerk of the municipality or county shall also publish a copy of the notice and resolution at least once in the official newspaper of the municipality or county, if there is one, or, if there is no official newspaper of the municipality, in a newspaper of general circulation in the county in which the municipality is located. The mailing and publication shall be completed at least twenty days before the date set for hearing. The clerk of the municipality or county shall execute an affidavit of mailing stating the date of mailing and the names and addresses of the persons to whom the notices and copies of the resolutions were mailed. The clerk of the municipality or county shall obtain an affidavit from the newspaper in which the publication was made. The clerk of the municipality or county shall cause both affidavits to be placed in the official records of the municipality or county. The affidavits are conclusive evidence of the mailing and publishing of notice. Notice shall not be held invalid for failure of delivery to the addressee.
C. If the clerk of the municipality or county is informed that the person listed on the assessment roll is no longer the owner and the name and address of the successor owner become known, the clerk of the municipality or county shall cause a copy of the notice and resolution to be mailed to the successor owner as soon as practicable after learning of the change of ownership.