48-266. Petitions of property owners; form; verification
A. The secretary of state shall promulgate sample petition forms, with instructions for completing the form, that comply with the requirements of this section. Petitions that conform to the sample form will be deemed to have complied with subsections B, C and D of this section. Petitions that do not conform to the sample petition are void and shall not be counted in determining the legal sufficiency of the petition.
B. A petition of property owners that is submitted to comply with section 48-261, subsection A, paragraph 7 shall contain a heading that clearly identifies the type of petition circulated and a statement that clearly describes the type of action being proposed. The petition shall be in a form that is substantially similar to the following:
Special taxing district creation petition
To the board of supervisors of (insert name) county:
We the undersigned, property owners of (insert name of county), state of Arizona and owning property within the boundaries as illustrated and defined on the attached exhibit(s), legal description and map of the proposed boundaries, petition the county board of supervisors to create a (insert description of district) as described in the attached exhibit(s). I have personally signed this petition with my first and last names. I have not signed any other petition for the same measure. I am a property owner of the state of Arizona, county of _____________.
Notice: this is only a description of the district sought to be created by the sponsor of the measure. It may not include every provision contained in the measure. Before signing, make sure the exhibits are attached. You have the right to read or examine the district impact statement before signing.
Warning
It is a class 1 misdemeanor for any person to knowingly do any of the following:
1. Sign a district creation petition with a name other than the person's own name, except in a circumstance where the person signs for another person, in the presence of and at the specific request of that person, who is incapable of signing that person's own name because of physical infirmity.
2. Sign the person's name more than once for the same measure.
3. Sign a district creation petition if the person is not a property owner.
Signature Name Actual Arizona City or Date (first and Address Post Office Town last name (street & Address (if any) printed) no. and if & Zip no street Code
address,
describe
residence
location)
(Fifteen numbered lines for signatures)
C. A petition of property owners that is submitted to comply with section 48-262, subsection A, paragraph 10 shall contain a heading that clearly identifies the type of petition circulated and a statement that clearly describes the type of action being proposed. The petition shall be in a form substantially similar to the following:
Special taxing district annexation petition
To the governing body of the (insert name) district:
We the undersigned, property owners of (insert name of county), state of Arizona and owning property within the boundaries as illustrated and defined on the attached exhibit(s), legal description and map of the proposed boundaries, petition the district to annex the territory as described in the attached exhibit(s). The area petitioning for annexation, if approved by the governing body of the district, shall become part of the annexing district and subject to all relevant provisions of the Arizona Revised Statutes. I have personally signed this petition with my first and last names. I have not signed any other petition for the same measure. I am a property owner of the state of Arizona, county of _____________.
Notice: this is only a description of the territory sought to be annexed by the sponsor of the measure. It may not include every provision contained in the measure. Before signing, make sure the exhibits are attached. You have the right to read or examine the boundary change impact statement before signing.
Warning
It is a class 1 misdemeanor for any person to knowingly do any of the following:
1. Sign a district annexation petition with a name other than the person's own name, except in a circumstance where the person signs for another person, in the presence of and at the specific request of that person, who is incapable of signing that person's own name because of physical infirmity.
2. Sign the person's name more than once for the same measure.
3. Sign a district annexation petition if the person is not a property owner.
Signature Name Actual Arizona City or Date (first and Address Post Office Town last name (street & Address (if any) printed) no. and if & Zip no street Code
address,
describe
residence
location)
(Fifteen numbered lines for signatures)
D. Each petition sheet shall have printed in capital letters in no less than twelve point bold-faced type in the upper right-hand corner of the face of the petition sheet the following:
" ___________ paid circulator" " ______________ volunteer"
E. A circulator of petitions shall state whether the circulator is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures.
F. Signatures obtained on petitions in violation of subsection D of this section are void and shall not be counted in determining the legal sufficiency of the petition. The presence of signatures that are invalidated under this subsection on a petition does not invalidate other signatures on the petition that were obtained as prescribed by this section.
G. At the time of signing, the property owner shall sign the property owner's first and last names in the spaces provided and the property owner so signing for the person circulating the petition shall print the first and last names and write, in the appropriate spaces following the signature, the signer's residence address, giving street and number, and if the property owner has no street address, a description of the residence location. The property owner so signing or the person circulating the petition shall write, in the appropriate spaces following the property owner's address, the date on which the property owner signed the petition.
H. The title and text of petitions shall be in at least eight point type.
I. The eight point type required by subsection H of this section does not apply to maps, charts or other graphics.
J. The board of supervisors or other governing body of a political subdivision that receives a petition pursuant to this section shall submit a copy of the signature sheets to the county assessor for verification. The county assessor shall:
1. Verify that the petition contains the names of more than one-half of the property owners in the area of the proposed district.
2. Determine the total assessed valuation of the property owned by the persons whose names are signed on the petition.
K. The county assessor shall report the results of the verification to the board of supervisors or other governing body within ten days after receiving the copy of the signature sheets, not including Saturdays, Sundays and other legal holidays.
L. If the report of the county assessor prepared pursuant to subsection K of this section determines that the valid signatures submitted are insufficient to meet the requirements of section 48-261, subsection A, paragraph 7, subdivision (b) and the one-year period to submit signatures pursuant to section 48-261, subsection A, paragraph 6 has not yet expired or to meet the requirements of section 48-262, subsection A, paragraph 10, subdivision (b) and the one-year period to submit signatures pursuant to section 48-262, subsection B, paragraph 3 has not yet expired, the person submitting the petitions may submit additional petition signatures. The original petition signatures may be submitted any time during the one-year period for submittal and the additional submission must also be made within the same one-year period to submit signatures set by section 48-261, subsection A, paragraph 6 or section 48-262, subsection B, paragraph 3. If additional signatures are submitted, they shall be submitted to the county assessor for verification pursuant to subsections J and K of this section.
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