Bill Text: AZ SB1340 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Municipal fire districts
Spectrum: Slight Partisan Bill (Republican 18-10)
Status: (Introduced - Dead) 2013-02-05 - Referred to Senate FIN Committee [SB1340 Detail]
Download: Arizona-2013-SB1340-Introduced.html
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REFERENCE TITLE: municipal fire districts |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1340 |
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Introduced by Senators Driggs, McComish; Representatives Borrelli, Brophy McGee, Coleman, Stevens: Senators Bradley, Farley, Gallardo, McGuire, Meza, Murphy, Pancrazi, Reagan, Shooter, Worsley; Representatives Campbell, Carter, Dalessandro, Dial, Fann, Goodale, Mesnard, Meyer, Orr, Pratt, Robson, Wheeler
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AN ACT
amending title 48, chapter 5, Arizona Revised Statutes, by adding article 4; relating to fire districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 48, chapter 5, Arizona Revised Statutes, is amended by adding article 4, to read:
ARTICLE 4. MUNICIPAL FIRE DISTRICTS
48-871. Municipal fire districts; formation; definition
A. A municipal fire district shall be formed on approval of the majority of the qualified electors voting on the resolution referred by the city or town council to the qualified electors of the city or town to decide the question of whether to form a municipal fire district. The referral shall be placed on the ballot at the next election in which the election of one or more members of the council will occur.
B. Any resolution referring the question of creating a municipal fire district shall include:
1. A map of the area to be included in the district and a list of the parcels to be included in the district by assessor parcel number. The map and list of parcels shall contain all of the area within the jurisdictional boundaries of the city or town.
2. An estimate of the assessed valuation within the proposed district.
3. An estimate of the property tax rate proposed to be assessed by the district in its first year of operation as well as an example of the property tax cost to be paid by a property owner assuming the median parcel property value.
4. A list and explanation of benefits that will result from the proposed district.
5. A description of the anticipated scope of services to be provided by the district during its first five years of operation.
C. The municipality shall produce a publicity pamphlet for the election at which the referral will be voted on that shall include a complete copy of the resolution proposing the creation of the district and a sample of the resolution's ballot language. At the election, the ballot shall contain the following language:
Shall ____________ create a municipal fire district: _____ yes _____ no.
D. Before adopting any resolution to refer the question of creating a municipal fire district to the ballot, a city or town shall post a special notice of the consideration of the question of the referral resolution in all locations in which the municipality regularly posts notices including on the municipality's website for at least two consecutive weeks before the consideration of the resolution. The special notice shall contain the date, time and location at which the resolution will be considered and all of the information prescribed in subsection B of this section. The municipality shall mail by first class mail a copy of the special notice prescribed in this subsection to all property owners within the municipality whose property is classified pursuant to title 42, chapter 12, article 1, except for property classified pursuant to section 42-12003. The municipality shall mail this notice to all addresses of record that are on file with the county treasurer and that are used for the purposes of mailing tax bills.
E. For the purposes of this article, "municipal fire district" means a district that is formed pursuant to this section and shall encompass the entire jurisdiction of the city or town, including any modifications to the boundaries of the city or town, which may occur from time to time.
48-872. District board governance
The governing body of the municipality sitting as the fire district board shall govern a fire district formed pursuant to this article. END_STATUTE
48-873. District board; powers and duties; intergovernmental agreements; contract; administration
A. The board of a fire district formed pursuant to this article shall:
1. Hold public meetings at least once every ninety days and as necessary to carry out its powers and duties.
2. Maintain a website for the purpose of providing access to public records. The district shall post permanent public records to its website. The municipal website may serve as the district's website provided that district information is prominently located on the municipal website.
3. Prepare an annual budget that contains detailed estimated expenditures for each fiscal year and that clearly shows the district's expenses.
4. Post the annual budget in three public places and cause it to be published in a newspaper of general circulation in the district twenty days before a public hearing called by the board to adopt the budget. The budget shall be posted in a prominent location on the district's official website no later than seven business days after the estimates of revenues and expenses are tentatively adopted.
5. Post a complete copy of the approved estimates of revenues and expenses in a prominent location on the district's official website no later than seven business days after final adoption.
6. Make copies of the budget available to members of the public on written request to the district.
7. Following the public hearing, adopt a budget. Both the tentatively adopted estimates of revenues and expenses and the budget finally adopted under this section.
8. For at least sixty months, retain and make available in a prominent location on the district's official website.
9. Maintain and store all permanent public records in the same manner and pursuant to the same policies and procedures as are adopted by the municipality.
10. Appoint the fire chief of the fire service provider selected pursuant to paragraph 13 of this subsection, either public or private, as the fire chief for the district.
11. Adopt and enforce the fire code adopted by the municipality.
12. Keep three copies of the applicable fire code, amendments and revisions on file for public inspection.
13. Enter into a contract or intergovernmental agreement to obtain fire and emergency medical services for the district except for those services that are regulated by title 36, chapter 21.1, the board shall make a determination within sixty days after the formation of the district to do either of the following:
(a) Enter into an intergovernmental agreement with another municipality to obtain fire and emergency medical services.
(b) Issue a request for proposals for providers of fire and emergency medical services for the district and enter into a contract with a provider to obtain the specified services. The district shall not hire employees of its own for the purpose of obtaining any fire and emergency medical services.
14. Require that any intergovernmental agreement or contract between the district and a provider of fire and emergency medical services include all of the following:
(a) A term of duration between three and five years.
(b) A provision setting forth the cost of service and performance criteria.
(c) An acknowledgment of the right of the municipality to determine the location of future infrastructure if the district is in the municipality's planning area at the time of the execution of the contract.
15. Assess and levy a secondary property tax to pay for the costs of the fire protection or emergency medical services or both. A secondary property tax assessed pursuant to this section is not subject to the levy limitation prescribed by section 48-807.
16. Defend, indemnify and hold harmless a municipal provider or any other provider of fire and emergency medical services from and against any claims or expenses to which it may be subjected by reason of injury or death of any person or loss or damage to any property directly attributable to the provision of the services unless the services were provided in a grossly negligent manner. The fire district shall secure liability insurance sufficient to cover these claims and expenses.
B. The board of a fire district formed pursuant to this article may:
1. Contract for administrative staff services, if any, deemed necessary or appropriate to carry out its powers and duties.
2. Retain a certified public accountant to perform an annual audit of district books.
3. Retain private legal counsel.
4. Sue and be sued.
5. Accept gifts, contributions, bequests and grants and comply with any requirements of those gifts, contributions, bequests and grants if not inconsistent with this article.
6. Appropriate and expend annually monies as are necessary for the purpose of fire districts belonging to and paying dues in an association of Arizona fire districts and other professional affiliations or entities.
7. Reimburse the municipality for any costs associated with the formation of the district.
8. Obtain any of the services provided for in this subsection from the municipality and may reimburse the municipality for those services at the rates as may be provided for in the district's budget.
C. The county treasurer shall keep monies received from taxes levied pursuant to this section in a fund designated as the fire district general fund for the district for which it was collected. The chairperson and clerk of the district board or their respective designees, as applicable, shall draw warrants on the county treasury for monies required to operate the district in accordance with the budget and, as drawn, the warrants shall be sufficient to authorize the county treasurer to pay from the fire district fund. Monies remaining in the fund at the end of the fiscal year shall be credited to the fire district general fund for the district and shall be used for the succeeding fiscal year for the purposes for which it was collected.
D. The district shall not incur any debt or liability in excess of taxes levied and to be collected and the money actually available and unencumbered at the time in the fund, except as provided in section 48‑807. The district shall not authorize or issue bonds.
E. The district shall not own equipment or facilities associated with the provision of fire or emergency medical services.
