Arizona Laws 48-704. Hearing on objections
A. Within thirty days after adoption of the resolution of intent to form a district, any person claiming an interest in real property that the resolution discloses is situated in the district may file a written objection with the clerk of the municipality or county that adopted the resolution before 5:00 p.m. on the business day preceding the date and time set for the hearing on the question of formation of the district. The objection may raise one or more of the following:
Terms Used In Arizona Laws 48-704
- 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
- Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
- 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
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Municipality: means an incorporated city or town. See Arizona Laws 48-701
- Oath: includes an affirmation or declaration. See Arizona Laws 1-215
- Oath: A promise to tell the truth.
- 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.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Subpoena: A command to a witness to appear and give testimony.
- 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. The hearing shall be either transcribed by a court reporter or recorded by a tape recorder. The court reporter‘s transcript or a transcription of the tape recording certified to be true and correct by the clerk of the municipality or county shall be filed in the official records of the governing body.
C. In furtherance of the hearing, the clerk of the municipality or county, on written request or praecipe being presented, shall issue subpoenas or subpoenas duces tecum to compel the attendance and testimony of any person or the submission of any documents at the hearing. Compliance with the subpoena shall be enforced as if the subpoena were issued by a clerk of the superior court.
D. Testimony at the hearing need not be under oath, unless requested by any owner or required by the governing body. Requests by owners that the testimony be under oath must be made in writing and be filed with, or served on, the clerk of the municipality or county before the hearing begins or the request is deemed waived.
E. 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.