48-6602. Formation of district
(Conditionally Rpld. Delayed Rpld.)
A. On the petition of owners of at least two hundred acres of real property in the proposed district, the governing body of a city with a population of more than ten thousand but less than twenty thousand persons that is located in a county with a population of more than three hundred thousand persons but less than four hundred thousand persons may establish a regional attraction district located in the city as provided by this chapter. For the purposes of this subsection, the population shall be determined according to the most recent population estimate data produced by the department of economic security at the time the district is established.
B. The proponents of the district must submit a petition to the governing body of the city. The petition must be accompanied by a refundable bond of fifty thousand dollars in cash. The petition shall include the geographical boundaries of the district, which shall:
1. Include the site of the regional attraction venue under section 48-6631.
2. Include at least two hundred acres but not exceed nine hundred fifty acres.
C. On receiving the petition, the governing body of the city shall schedule a public hearing on the proposed district to be held at least sixty but not more than ninety days after receiving the petition. The city clerk shall publish a notice of the hearing stating the purpose of the petition, the description of the area of the proposed district and the date, time and place of the hearing twice in a newspaper of general circulation in the city. At least one of the notices must be published at least twenty days before the date of the hearing. At the hearing the governing body shall hear those who appear for and against the proposed district and shall determine whether the district would serve the public interest, and if so, adopt a resolution establishing the district. The minutes of the hearing must include the findings supporting the establishment of the district.
D. A city may not establish more than one district under this chapter.
E. The district is a corporate and political body and, except as otherwise limited, modified or provided by this chapter, has all of the rights, powers and immunities of municipal corporations.
F. The district is considered to be a tax levying public improvement district for the purposes of article XIII, section 7, Constitution of Arizona.
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