Arizona Revised Statutes § 48-2942 Hearing On Petition For Inclusion Of Lands; Liability Of Petitioners For Pro Rata Share Of District Indebtedness; Acceptance Or Rejection Of Petition; Order Of Inclusion

48-2942. Hearing on petition for inclusion of lands; liability of petitioners for pro rata share of district indebtedness; acceptance or rejection of petition; order of inclusion

A. At the time and place mentioned in the notice, or at such time or times to which the hearing may be adjourned, the board of directors shall proceed to hear the petition for inclusion of lands and all objections thereto presented in writing to show cause why the petition should not be granted. The failure of any person interested to show cause shall be deemed consent to granting the petitions.

B. The board of directors may require as a condition precedent to granting the petition that the petitioners severally pay, contract to pay or become liable for, any bond issue assessments or other form of indebtedness theretofore incurred by the district in the respective amounts as nearly as can be estimated by the board, which the petitioners or their grantors would have been required to pay to the district as assessments for the payment of their pro rata share of all such bonds or assessments and the interest thereon, had such lands been included in the district at the time it was originally formed or when the bonds were issued.

C. If the board of directors does not consider it to the best interests of the district to include therein the lands described in the petition, it shall reject the petition, but if the board deems it to the best interest of the district that such lands or any part thereof be included, the board may order the district changed to include therein the lands or any part thereof mentioned in the petition. The order of inclusion shall describe the boundaries of the district with the lands so included, if the district boundaries are thereby changed.

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Last modified: October 13, 2016