Town of Sahaurita

Forest Service Agreement Number: 09-MU-11030514-025

MEMORANDUM OF UNDERSTANDING
between
USDA FOREST SERVICE, REGION 3,
CORONADO NATIONAL FOREST
and
TOWN OF SAHAURITA
SAHAURITA, ARIZONA

This MEMORANDUM OF UNDERSTANDING, to cooperate in the National Environmental Policy Act process concerning the Rosemont Copper Project, is hereby entered into by and between the USDA Forest Service, Region 3, Coronado National Forest (hereafter, Forest), hereinafter referred to as the Forest Service, and the Town of Sahuarita, Sahaurita, Arizona.

A. PURPOSE

The purposes of this Memorandum of Understanding (MOU) are to:

Provide the framework for a mutually beneficial, cooperative, and productive intergovernmental relationship between the Forest Service and the Town of Sahuarita with regard to the development of the Forest Service's environmental impact statement for the Rosemont Copper Project.
Define the respective roles and responsibilities of the Forest Service and the Town of Sahuarita as they relate to the process the Forest Service will use in developing an environmental impact statement for the Rosemont Copper Project.
Affirm the parties' willingness and agreement to cooperate in the environmental study for the Rosemont Copper Project.
Identify the Forest Service as the Lead Federal Agency and the Town of Sahuarita as a cooperating agency.
Affirm that the Forest Service has primary responsibility for National Environmental Policy Act (NEPA) compliance and preparation of the environmental impact statement for the Rosemont Copper Project.
Affirm the commitment of the Forest Service to fully consider the views of the Town of Sahuarita in the development of the environmental impact statement for the Rosemont Copper Project.
Establish the parties' agreement and commitment to jointly review the environmental impact statement developed under NEPA for the Rosemont Copper Project.
Affirm that the Forest Service has sole and ultimate decision-making authority regarding the use of National Forest System lands for the Rosemont Copper Project.

B. BACKGROUND

The Council on Environmental Quality regulations codified at 40 C.F.R. Parts 1500-1508 apply to the Forest Service. The Forest Service also has its own regulations and policies for implementing NEPA. NEPA requires Federal agencies to prepare an environmental impact statement prior to undertaking a major Federal action significantly affecting the quality of the human environment. NEPA also requires Federal agencies to study, develop, and describe appropriate alternatives to any proposal involving unresolved conflicts concerning alternate uses of available resources. NEPA also requires disclosure of the potential impacts of the proposed action and its alternatives.

The Rosemont Copper Project was generated externally by the Rosemont Copper Company. It is a major Federal action that may significantly affect the quality of the human environment. The proposed project is construction, operation, reclamation, and closure of an open-pit mine. The proposed project also includes associated infrastructure.

As proposed, the project would be located in Pima County, Arizona approximately 30 miles southeast of Tucson, Arizona on approximately 995 acres of private land, 3,670 acres of National Forest System land, 15 acres of land administered by the USDI Bureau of Land Management, and 75 acres of State of Arizona State Trust land. Ore extraction is proposed to be conducted primarily on private lands. Ore processing, waste management, and other support facilities and infrastructure are proposed to be located on the Forest. Project infrastructure is also proposed to be located on land administered by the USDI Bureau of Land Management and the State Trust Lands.

Annual production estimates include 234 million pounds of copper, 4.5 million pounds of molybdenum, and 2.7 million ounces of silver over a period of approximately 20 years. A further summary of the proposed action is provided in the Forest Service's "Notice of Intent to Prepare an Environmental Impact Statement" published in the Federal Register on March 13, 2008 (Volume 73, Number 50, pages 13527-13529). The complete proposed action consists of the material provided by the Rosemont Copper Company identified in Forest Supervisor Derby's letter of October 19, 2007, and the 28 items responsive to her request for additional information. An electronic composite of this information has been compiled to facilitate its use. It will be referred to hereafter as the composite Mine Plan of Operation (MPO). The composite MPO is available through links at: http://www.fs.fed.us/r3/coronado/rosemont/mpo.shtml.

The General Mining Act of 1872 confers a statutory right to enter upon public lands open to location in pursuit of locatable minerals, and under valid existing mining claims to conduct mining activities, in compliance with Federal and State statutes and regulations. The Multiple-Use Mining Act of 1955 confirms the ability to conduct mining activities on public lands, locate necessary facilities, and conduct reasonable and incidental uses to mining on public lands, including National Forest System lands. Forest Service mining regulations at 36 C.F.R. Part 228 Subpart A correspondingly recognizes the rights of mining claimants.

Although the Forest Service may reasonably regulate mining activities to protect surface resources, there are statutory and constitutional limits to its discretion when reviewing and approving a mining plan of operations. The Forest Service cannot categorically prohibit mining activity or deny reasonable mineral operations under the mining laws. Although selection of a no-action alternative is outside the discretion of the Forest Service Responsible Official, the impacts of no action will be disclosed in the environmental impact statement. In practice, the Forest Service works with the mining applicant to develop an acceptable, legally-compliant plan of operations as an alternative to be considered during the NEPA process, thereby precluding selection of the no-action alternative.

C. MUTUAL BENEFITS AND INTERESTS

In the interest of mutual benefits and interests, both parties wish to:

Develop procedures to ensure that each may efficiently and effectively meet its responsibilities as a public entity.
Cooperate to help achieve better outcomes while ensuring each agency's key mandates and legal requirements are adequately and appropriately met.
Communicate openly and provide a conduit for the timely exchange of information.
Provide a framework to fully consider the physical, biological, social, economic, and cultural impacts of the Rosemont Copper Project as part of their respective and collective planning and decisionmaking processes.
Resolve conflicts at the lowest administrative level without having to resort to judicial review.
Conduct a periodic review of this MOU for evaluation of its effectiveness.

D. FOREST SERVICE RESPONSIBILITIES

The Forest Service shall:

Retain its sole and ultimate decision-making authority regarding the use of National Forest System lands for the Rosemont Copper Project, using the "Rosemont Copper Project Final Environmental Impact Statement," and supporting record as the basis for determining the Final Mine Plan of Operation.
Retain its primary responsibility for NEPA compliance including, but not limited to, content of the environmental impact statement, public distribution of the "Rosemont Copper Project Draft Environmental Impact Statement" for review and comment, public distribution of other project materials, management of the comments received on the environmental impact statement, public notice and filing requirements, and arrangements associated with any public meetings to be held.
Identify any requirements necessary for compliance with the Land and Resource Management Plan for the Coronado National Forest, 1986, as amended or revised, (hereafter, Forest Plan) or to further amend the Forest Plan as needed.
Designate the Town of Sahuarita as a cooperating agency in the environmental impact statement.
Share with the Town of Sahuarita data and other information that is relevant to the development of the environmental impact statement and within the Town of Sahuarita's area of special expertise.
Hold, on its own accord or upon request, government-to-government meetings and field reviews with the Town of Sahuarita as determined appropriate, without general public notice or participation.
Confer with the Town of Sahuarita on relevant technical studies and reports that may be required for the project.
Include, to the extent feasible, sufficient documentation in the environmental impact statement and supporting record to allow use by the Town of Sahuarita to meet its compliance requirements or other responsibilities.
Request the Town of Sahuarita review internal working drafts of select portions of the environmental impact statement.
Provide the Town of Sahuarita with copies of the internal working drafts of the "Rosemont Copper Project Draft Environmental Impact Statement" and "Rosemont Copper Project Final Environmental Impact Statement" for review prior to printing of such for public distribution, and negotiate a reasonable amount of time for review.
Ensure that contributions by the Town of Sahuarita are considered and appropriately incorporated into the project.
Notify the Town of Sahuarita of any public notices made by the Forest Service pertaining to the project.
Keep the Town of Sahuarita apprised of the project schedule and provide an updated schedule as it becomes available.
Additional responsibilities of the Forest Service in cooperating specifically with the Town of Sahuarita are contained in Attachment 1.

E. COOPERATING AGENCY RESPONSIBILITIES

The Town of Sahuarita shall:

Perform duties of a cooperating agency under NEPA for the Rosemont Copper Project.
Participate only in those areas within its area of special expertise, unless otherwise invited by the Forest Service.
Provide the Forest Service with responses to data requests to the degree the data are reasonably available within time limits that will meet the project schedule.
Share with the Forest Service, data and other information within its area of special expertise that are or may be relevant to the development of the environmental impact statement.
Provide the Forest Service with copies of the existing and proposed laws, regulations, and policies within its area of special expertise that are or may be relevant to the project.
Explain the relationship of existing and proposed laws, regulations, and policies within its area of special expertise to the project.
Make a good faith effort to raise concerns about the project and offer solutions relative to its area of special expertise in a timely and specific manner.
Upon request, participate in government-to-government meetings and field reviews with the Forest Service, if feasible.
Review and provide written comments on internal working drafts of select portions, as deemed appropriate by the Forest Service, of the environmental impact statement, within a negotiated reasonable amount of time.
1. Review is to ensure technical accuracy and conformance with laws, regulations, and policies within the Town of Sahuarita's area of special expertise.
2. Review is to provide recommendations for improvement of reviewed internal working draft material where the materials are found to be incomplete, inadequate, or inaccurate.
Review and provide written comments on the internal working drafts of the "Rosemont Copper Project Draft Environmental Impact Statement" and "Rosemont Copper Project Final Environmental Impact Statement" prior to the Forest Service printing of such for public distribution, within a negotiated reasonable amount of time.
1. Review is to ensure technical accuracy and conformance with laws, regulations and policies within the Town of Sahuarita's area of special expertise.
2. Review is to provide recommendations for improvement of reviewed internal working draft material where the materials are found to be incomplete, inadequate, or inaccurate.
Provide input to and/or review responses to public comments received on the "Rosemont Copper Project Draft Environmental Impact Statement," at the request of the Forest Service.
Proceed with work as expeditiously as possible to comply with the project schedule.
Provide the Forest Service with as much advance warning as possible should budgetary or program constraints prevent the Town of Sahuarita from fulfilling its commitments identified in this MOU.
Make the Forest Service aware if, at any point in the process, its needs are not being met.
Additional responsibilities of the Town of Sahuarita in cooperating with the Forest Service are contained in Attachment 2.

F. MUTUAL AGREEMENT AND UNDERSTANDING

It is mutually agreed and understood by all parties that:

JURISDICTIONS. This MOU does not affect each agency's jurisdictions that exist as a matter of law.
LEAD AGENCY. The Forest Service is the Lead Federal Agency, and has the authority through the Forest Supervisor to enter into this MOU.
COOPERATING AGENCY. The Town of Sahuarita's participation in preparation of the environmental impact statement for the Rosemont Copper Project as a cooperating agency is appropriate because the Town of Sahuarita has land use management responsibility and limited management responsibility over some aspects of use of non-federal lands within and adjacent to the Rosemont Copper Project study area. Additional information as to the Town of Sahuarita's area of special expertise is contained in Attachment 3. The Town of Sahuarita has the authority through the Town Manager, Town of Sahuarita to enter into this MOU per Sahuarita Town Code Chapter 2.60.010.H.11 and 15. (Reference Attachment 4 for Arizona statute citations).
INFORMATION MANAGEMENT. The Forest Service will share draft and deliberative materials with ADDER to further accomplish the purposes of this MOU in achieving the previously stated mutual benefits and interest. While the Forest Service seeks to conduct a transparent process, not all shared information may be ripe for disclosure to the public. Sometimes confusion and angst is created by the premature release of information to the public. To minimize this, the Forest Service asks that the Town of Sahuarita does not proactively make public notice of shared information. However, the Forest Service recognizes that the Town of Sahaurita may receive and process, within its authorities, external requests for information. To reduce external requests for information, the Forest Service intends to post select items of shared information that it deems ripe for public dissemination to the to the worldwide Internet at Rosemont. Information furnished by the Town of Sahaurita in response to a formal request by the Forest Service under this MOU will become part of the Forest Service's official record and subject to public release pursuant to the Freedom of Information Act and other applicable federal statutes. To allow full and frank discussion of preliminary analysis and recommendations, meetings with cooperating agencies to review draft and deliberative materials will not be open to the public.
PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or the Town of Sahuarita from participating in similar activities with other public or private agencies, organizations, and individuals. Parties to this MOU may meet separately with any other cooperating agency.
COMMENCEMENT/EXPIRATION/TERMINATION. This MOU shall be effective upon the signature of the Forest Supervisor and the Town of Sahuarita signing official, and shall remain in effect until public release of the "Rosemont Copper Project Final Environmental Impact Statement" by the Forest Service. This MOU may be extended or amended upon written request of either party and the subsequent written concurrence of the other. Either party may terminate this MOU following the delivery of a 60-day written notice to the other.
- Consistent with information tracked by the Council on Environmental Quality, below are some reasons for terminating a cooperating agency agreement:
- Cooperating agency lacks special expertise and jurisdiction by law.
- Cooperating agency lacks authority to enter into an agreement.
- Cooperating agency lacks agreement with the Lead Agency (e.g.: unable to accept the scope of the analysis or the purpose and need for the proposed action; unable to accept responsibilities and/or milestones for analysis and documentation; unable to develop information/analysis of all reasonable alternatives; unable to prevent release of redecisional information; misrepresents the process or the findings presented in the analysis and documentation).
- Cooperating agency lacks capacity (training or resources) to participate (e.g.: unable to participate during scoping and/or throughout the preparation of the analysis and documentation as necessary to meet process milestones; unable to identify significant issues, eliminate minor issues, identify issues previously studied, or identify conflicts with the objectives of regional, state, and local land use plans, policies, and controls in a timely manner; unable to assist in preparing portions of the review and analysis and to help resolve significant environmental issues in a timely manner; unable to provide resources to support scheduling and critical milestones).
RESPONSIBILITIES OF PARTIES. The Forest Service, the Town of Sahuarita, and their respective agencies and offices will oversee the activities set forth herein as individual roles and responsibilities and will utilize their own resources, including the expenditure of funds, in pursuing these objectives. Each party will carry out its separate activities in a coordinated and mutually beneficial manner. While the parties agree to make reasonable efforts to resolve procedural and substantive disagreements, the Forest Service retains final responsibility for determining the content of the environmental impact statement and its related processes.

PRINCIPAL CONTACTS. The principal contacts for this instrument are:

*Forest Service*	*Town of Sahuarita*
*Project Technical Contact*	*Project Technical Contact*

Optional: To be determined	»» NONE <<<<

Forest Service	*Town of Sahuarita*
Project Management Contact	*Project Management* *Contact*
		Alternate
Teresa Ann Ciapusci	James R. Stahle	Joe Marques
Forest Service Project Manager	Town Manager	Assistant to the Town Manager
Rosemont Copper Project	375 West Sahuarita Center Way	375 West Sahuarita Center Way
Coronado National Forest	Sahuarita, Arizona 85629-8487	Sahuarita, Arizona 85629-8487
300 West Congress Street	Phone: 520-822-8811	Phone: 520-822-8811
Tucson, Arizona 85701	Fax: 520-822-8891	Fax: 520-822-8891
Phone: 520-388-8350	E-mail: stahle@ci.sahuarita.az.us	E-mail: jmarques@ci.sahuarita.az.us
FAX: 520-388-8305
E-Mail: tciapusci@fs.fed.us

Forest Service	*Town of Sahuarita*
Administrative Contact	Administrative Contact

Grants and Agreements Specialist	>>>>>NONE<<<<<
Coronado National Forest
300 West Congress Street
Tucson, Arizona 85701
Phone: 520-388-8325
FAX: 520-388-8331
E-mail: nnorris@fs.fed.us

At its sole discretion, an above-named party may designate an alternate representative. Each agency's designated authorized representative is authorized to act in its behalf with respect to those matters contained in this MOU. Each agency may change the designation or its authorized representative upon oral notice given to the other, confirmed promptly by written notice.

Each agency may request that additional persons with special expertise attend meetings to present and discuss information. Such attendance must be requested and confirmed by the other party in writing prior to the meeting.

The Forest Service will be the main contact with the project proponent and its consultant(s) and sub-consultant(s) providing support to the project.

The Town of Sahuarita may communicate with the Forest Service's third-party environmental consultant, SWCA Environmental Consultants, only through the Forest Service's Project Management Contact representative or with specific written permission of the Forest Service Project Management Contact.

NON-FUND OBLIGATING DOCUMENT. Nothing in this MOU shall obligate either the Forest Service or Town of Sahuarita to obligate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the various agencies and offices of the parties will require executions of separate agreements and be contingent upon the availability of appropriated funds. Such activities must be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Negotiation, execution, and administration of each such agreement must comply with all applicable statutes and regulations.
ESTABLISHMENT OF RESPONSIBILITY. This MOU is not intended to, and does not create, any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by a party against the United States, its agencies, its officers, or any person.
AUTHORIZED REPRESENTATIVES. By signature below. the cooperator certifies that individuals listed in this document as representatives of the cooperator are authorized to act in their respective areas for matters related to this agreement.

THIE PARTIES HERETO have executed this instrument.

TOWN OF SAHUARITA		USDA FOREST SERVICE

	06/02/09		06/09/09
JAMES R> STAHLE	DATE	JEANINE A. DERBY	DATE
Town Manager		Forest Supervisor


The authority and format of this instrument has been reviewed and approved for signature.
	06/09/09
NORENE NORRIS	DATE
FS Agreements Coordinator

Attachment 1
Additional Forest Service Responsibilities for Cooperating with Town of Sahuarita

SECTION D ITEM 5

Share with the Town of Sahuarita data and other information that is relevant to the development of the environmental impact statement and within the Town of Sahuarita's area of special expertise.
- In conducting an environmental study of the Rosemont Copper Project, the Forest Service is seeking to provide as transparent a process as possible. In the interest of transparency, the Forest Service intends to make all Administrative Record materials available to cooperating agencies and the public when it deems the materials are appropriate for distribution, as well as at the conclusion of the deliberative process. Prior to completion of the deliberative process; however, the Forest Service may choose to limit distribution of incomplete, draft, predecisional, and/or deliberative materials to those it deems appropriate to the stage of review needed at the time the Town of Sahaurita requests such data and/or information.

SECTION D, ITEMS 9 AND 10

Request the Town of Sahuarita review internal working drafts of select portions of the environmental impact statement.
Provide the Town of Sahuarita with copies of the internal working drafts of the "Rosemont Copper Project Draft Environmental Impact Statement" and "Rosemont Copper Project Final Environmental Impact Statement" for review prior to printing of such for public distribution, and negotiate a reasonable amount of time for review.
- Together, these two clauses address the need for both iterative and comprehensive reviews of the environmental documentation required for the Rosemont Copper Project environmental study. Clause 9 refers to the progressive and iterative review of sections, subsections, and underlying analysis materials associated with the environmental study during the time the materials are undergoing development. Clause 10 refers to the comprehensive review of the entire pre-publication documents (draft or final environmental impact statement).

SECTION E, ITEMS 3

Provide the Forest Service with responses to data requests to the degree the data are reasonably available within time limits that will meet the project schedule.
- At the time the Forest Service requests production of data pursuant to MOU Section E, Item 3, the Forest Service will negotiate with the Town of Sahaurita to establish reasonable time limits for delivery.

SECTION E, ITEMS 9 AND 10

Review and provide written comments on internal working drafts of select portions, as deemed appropriate by the Forest Service, of the environmental impact statement, within a negotiated reasonable amount of time.
1. Review is to ensure technical accuracy and conformance with laws, regulations, and policies within the Town of Sahuarita's area of special expertise.
2. Review is to provide recommendations for improvement of reviewed internal working draft material where the materials are found to be incomplete, inadequate, or inaccurate.
Review and provide written comments on the internal working drafts of the "Rosemont Copper Project Draft Environmental Impact Statement" and "Rosemont Copper Project Final Environmental Impact Statement" prior to the Forest Service printing of such for public distribution, within a negotiated reasonable amount of time.
1. Review is to ensure technical accuracy and conformance with laws, regulations, and policies within the Town of Sahuarita's area of special expertise.
2. Review is to provide recommendations for improvement of reviewed internal working draft material where the materials are found to be incomplete, inadequate, or inaccurate.
Together, these clauses 9 and 10 address the need for both iterative and comprehensive reviews of the environmental documentation required for the Rosemont Copper Project environmental study. Clause 9 refers to the progressive and iterative review of sections, subsections, and underlying analysis materials associated with the environmental study during the time the materials are undergoing development. Clause 10 refers to the comprehensive review of the entire pre-publication documents (draft or final environmental impact statement).

Attachment 2
Additional Town of Sahuarita Responsibilities for Cooperating with Forest Service

The Town of Sahuarita will provide:

Peer review of NEPA products with regard to the needs and operations of local systems within the Town of Sahuarita's purview
Input regarding local needs and operations
Input to the cumulative effects assessment with respect to local systems

The Town of Sahaurita is subject to and will follow the Arizona Public Records Law (A.R.S. §39-121 and §39.121.01) as described below; this statute is not binding on the Forest Service:

Consistent with Arizona Public Records Law (A.R.S. §39-121 and §39.121.01), the Town of Sahaurita will not disclose Rosemont Copper Project documentation where such disclosure would be detrimental to the best interests of the State of Arizona or where such disclosure would invade privacy and that invasion outweighs the public's right to know. (Reference Attachment 4)

The Town of Sahuarita is subject to and will follow the following Arizona Revised Statutes which are not binding on the Forest Service (Reference Attachment 4 for text of citations):

•	ARS 9-240
•	ARS 9-401
•	ARS 9-461.01
•	ARS 9-461.05
•	ARS 9-461.11
•	ARS 9-461.12
•	ARS 9-462.01
•	ARS 9-464
•	ARS 9-464.01
•	ARS 9-471
•	ARS 9-474
•	ARS 9-499
•	ARS 9-499.11
•	ARS 9-500.03
•	ARS 9-500.04
•	ARS 9-500.21
•	ARS 9-500.23
•	ARS 9-500.24
•	ARS 9-500.27
•	ARS 9-501
•	ARS 9-511
•	ARS 9-514

Attachment 3
Description of Town of Sahuarita's Special Expertise

The Town of Sahuarita has land use planning and regulatory responsibility over some non-federal lands within and adjacent to the Rosemont Copper Project study area (ARS title 9). Town of Sahaurita staff and Town consultants can provide specialized technical expertise and constructive input regarding environmental impacts associated with:

Land use on adjacent non-federal lands
Water resources
Air quality
Transportation
Culture and heritage
Ecology
Public Safety

Attachment 4 References

Note: Full text of the below references are available at the cited source. This attachment contains only selected applicable excerpts from the primary references.

MOU Section F, Item 3
(Source: http://www.codepublishing.com/AZ/sahuarita.html)

SAHUARITA TOWN CODE CHAPTER 2.60.010 (H)(11) AND (H)(15) TOWN MANAGER
H. Powers and Duties.
Except as otherwise provided herein, the town manager shall be the chief administrative officer of the town government and shall be responsible to the town council for the proper administration of all affairs of the town under the specific direction and control of the town council. In addition to the general powers as the chief administrative officer and not as a limitation thereon, it shall be the town manager's responsibility and authority to perform the following:
11. Cooperation with Community Organizations. The town manager shall cooperate with all community organizations whose aims and purposes it is to advance the interests of the town and its residents and provide them with all reasonable assistance obtainable through the town government within the limitations of the law.

15. Additional Duties. The town manager shall perform such other duties as may be required of him or her by the town council, not inconsistent with the laws of the state, this code or the ordinances of the town.

MOU Attachment 2
(Source: http://www.azleg.state.az.us)

A.R.S. 439-121. INSPECTION OF PUBLIC RECORDS
Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.

A.R.S. 439-121.01. DEFINITIONS; MAINTENANCE OF RECORDS: COPIES. PRINTOUTS OR PHOTOGRAPHS OF PUBLIC RECORDS; EXAMINATION BY MAIL; INDEX

In this article, unless the context otherwise requires:
1. "Officer" means any person elected or appointed to hold any elective or appointive office of any public body and any ... head, director, superintendent ... of any public body.
2. "Public body" means the state, any county, city, town, ... political subdivision or tax-supported district in the state, any branch, department, board, bureau, commission, council or committee of the foregoing, and any public organization or agency, supported in whole or in part by monies from the state or any political subdivision of the state, or expending monies provided by the state or any political subdivision of the state.
All officers and public bodies shall maintain all records ... reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which are supported by monies from the state or any political subdivision of the state.
Each public body shall be responsible for the preservation, maintenance and care of that body's public records, and each officer shall be responsible for the preservation, maintenance and care of that officer's public records. It shall be the duty of each such body to carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless disposed of pursuant to sections 41-1347 and 41-1351.
Subject to section 39-121.03:
1. Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body's web site to the requesting person. ...
2. If requested, the custodian of the records of an agency shall also furnish an index of records or categories of records that have been withheld and the reasons the records or categories of records have been withheld from the requesting person. The custodian shall not include in the index information that is expressly made privileged or confidential in statute or a court order ...
3. If the custodian of a public record does not have facilities for making copies, printouts or photographs of a public record which a person has a right to inspect, such person shall be granted access to the public record for the purpose of making copies, printouts or photographs. The copies, printouts or photographs shall be made while the public record is in the possession, custody and control of the custodian of the public record and shall be subject to the supervision of such custodian.

A.R.S. 9-240. GENERAL POWERS OF COMMON COUNCIL

B. The common council shall also have power within the limits of the town:
3.

To exercise exclusive control over the streets, alleys, avenues and sidewalks of the town and to give and change the names thereof.
To prevent and punish for the encumbering thereof, and to abate and remove all encumbrances and obstructions thereon.
To widen, extend, straighten, regulate, grade, clean or otherwise improve the same.
To open, lay out and improve new streets, avenues and alleys.
To vacate or abandon any street, avenue, alley, park, public place or sidewalk in such town or to abolish them, provided that rights-of-way or easements of existing sewer, gas, water or similar pipelines and appurtenances and for canals, laterals or ditches and appurtenances, and for electric, telephone, and similar lines and appurtenances shall continue as they existed prior to the vacating, abandonment, or abolishment thereof.
To protect the same from encroachment and injury.

4. To erect and maintain bridges, culverts, sidewalks and crossways, and prevent and punish for injuries thereto or obstructions thereon.

To construct and maintain sewers and drains, and prevent and punish for any obstruction thereof, or thereto.

8. To provide for lighting the streets and other public places of the town, and to exclusively regulate and control the laying and repairing of gas pipes and other appurtenances therein.

9. To provide for enclosing, improving and protecting the public grounds and cemeteries of the town, and to direct and regulate the planting of ornamental and shade trees therein and in the streets of the town.

12. To establish and regulate the police of the town, to appoint watchmen and policemen, and to remove them, and to prescribe their powers and duties.

13. To prevent, suppress and punish any riot, rout, affray, disorderly noise or disturbance in any public or private place within the town.

14. To prevent, suppress and punish racing or immoderate riding or driving through the streets.

21.

(b) To compel the owner or any occupant of any house or premises to clean the grounds, stables, alleys, streets and walks appurtenant and adjacent thereto.

22. To perform other acts, and prescribe other regulations, which may be necessary or expedient for the prevention or suppression of disease.

A.R.S. 9-401. ACQUISITION OF LAND BY CITY; EXTENT AND NOTICE OF CITY JURISDICTION

A city or town may purchase, lease or rent land, whether contiguous or noncontiguous, lying outside its corporate limits, for its purposes and uses, and any violation of an ordinance of the city or town occurring within the territorial limits of the land may be punished by the city or town having control thereof to the same extent and with like effect as if the violation occurred within the corporate limits.
At any point at which a public road enters land purchased, leased or rented as provided by subsection A, the city or town having control thereof shall erect and maintain a sign, not less than eighteen inches by three feet in size, containing a warning notice in bold letters that the area being entered is subject to the jurisdiction of the city or town.

A.R.S. 9-461.01. PLANNING AGENCY; POWERS AND DUTIES

A. The legislative body of a municipality may by ordinance establish a planning agency.
The planning agency shall:
1. Develop and maintain a general plan.
2. Develop such specific plans as may be necessary to implement the general plan.
3. Periodically review the capital improvement program of the municipality.
4. Perform such other planning functions as the legislative body may provide.
Each planning agency has the powers necessary to enable it to fulfill its planning functions as provided in this article. It may:
1. Contract for, receive and utilize any grants or other financial assistance made available by a municipality, a county, the state or the federal government.
2. Contract with the state or federal government and any of its agencies, or the legislative body of any municipality or county.

A.R.S. 9-461.05. GENERAL PLANS: AUTHORITY; SCOPE

Each planning agency shall prepare and the governing body of each municipality shall adopt a comprehensive, long-range general plan for the development of the municipality. The planning agency shall coordinate the production of its general plan with the creation of the state land department conceptual land use plans under title 37, chapter 2, article 5.1 and shall cooperate with the state land department regarding integrating the conceptual state land use plans into the municipality's general land use plan. The general plan shall include provisions that identify changes or modifications to the plan that constitute amendments and major amendments. The plan shall be adopted and readopted in the manner prescribed by section 9-461.06.
The general plan shall be so prepared that all or individual elements of it may be adopted by the governing body and that it may be made applicable to all or part of the territory of the municipality.
The general plan shall consist of a statement of community goals and development policies. It shall include maps, any necessary diagrams and text setting forth objectives, principles, standards and plan proposals. The plan shall include the following elements:
1. A land use element that:
  1. Designates the proposed general distribution and location and extent of such uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land as may be appropriate to the municipality.
  2. Includes a statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.
  3. Identifies specific programs and policies that the municipality may use to promote infill or compact form development activity and locations where those development patterns should be encouraged.
  4. Includes consideration of air quality and access to incident solar energy for all general categories of land use.
  5. Includes policies that address maintaining a broad variety of land uses including the range of uses existing in the municipality when the plan is adopted, readopted or amended.
  6. For cities and towns with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, includes consideration of military airport or ancillary military facility operations. On or before December 31, 2005, if a city or town includes land in a high noise or accident potential zone as defined in section 28-8461, the city or town shall identify the boundaries of the high noise or accident potential zone in its general plan for purposes of planning land uses in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility pursuant to section 28-8481, subsection J.
2. A circulation element consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use element of the plan.
For cities and towns having a population of more than two thousand five hundred persons but less than ten thousand persons and whose population growth rate exceeded an average of two per cent per year for the ten year period before the most recent United States decennial census and for cities and towns having a population of ten thousand or more persons according to the most recent United States decennial census, the general plan shall include, and for other cities and towns the general plan may include:
1. An open space element that includes:
  1. A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources.
  2. An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources.
  3. Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plans.
2. A growth area element, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. This element shall include policies and implementation strategies that are designed to:
  1. Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development.
  2. Conserve significant natural resources and open space areas in the growth area and coordinate their location to similar areas outside the growth area's boundaries.
  3. Promote the public and private construction of timely and financially sound infrastructure expansion through the use of infrastructure funding and financing planning that is coordinated with development activity.
3. An environmental planning element that contains analyses, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the general plan. The policies and strategies to be developed under this element shall be designed to have community-wide applicability and shall not require the production of an additional environmental impact statement or similar analysis beyond the requirements of state and federal law.
4. A cost of development element that identifies policies and strategies that the municipality will use to require development to pay its fair share toward the cost of additional public service needs generated by new development, with appropriate exceptions when in the public interest. This element shall include:
  1. A component that identifies various mechanisms that are allowed by law and that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in lieu fees, facility construction, dedications and service privatization.
  2. A component that identifies policies to ensure that any mechanisms that are adopted by the municipality under this element result in a beneficial use to the development, bear a reasonable relationship to the burden imposed on the municipality to provide additional necessary public services to the development and otherwise are imposed according to law.
5. A water resources element that addresses:
  1. The known legally and physically available surface water, groundwater and effluent supplies.
  2. The demand for water that will result from future growth projected in the general plan, added to existing uses.
  3. An analysis of how the demand for water that will result from future growth projected in the general plan will be served by the water supplies identified in subdivision (a) of this paragraph or a plan to obtain additional necessary water supplies.
The general plan shall include for cities of fifty thousand persons or more and may include for cities of less than fifty thousand persons the following elements or any part or phase of the following elements:
1. A conservation element for the conservation, development and utilization of natural resources, including forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation element may also cover:
  1. The reclamation of land.
  2. Flood control.
  3. Prevention and control of the pollution of streams and other waters.
  4. Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
  5. Prevention, control and correction of the erosion of soils, beaches and shores.
  6. Protection of watersheds.
2. A recreation element showing a comprehensive system of areas and public sites for recreation, including the following and, if practicable, their locations and proposed development:
  1. Natural reservations.
  2. Parks.
  3. Parkways and scenic drives.
  4. Beaches.
  5. Playgrounds and playfields.
  6. Open space.
  7. Bicycle routes.
  8. Other recreation areas.
3. The circulation element provided for in subsection C, paragraph 2 of this section shall also include for cities of fifty thousand persons or more and may include for cities of less than fifty thousand persons recommendations concerning parking facilities, building setback requirements and the delineations of such systems on the land, a system of street naming and house and building numbering and other matters as may be related to the improvement of circulation of traffic. The circulation element may also include:
  1. A transportation element showing a comprehensive transportation system, including locations of rights-of-way, terminals, viaducts and grade separations. This element of the plan may also include port, harbor, aviation and related facilities.
  2. A transit element showing a proposed system of rail or transit lines or other mode of transportation as may be appropriate.
4. A public services and facilities element showing general plans for police, fire, emergency services, sewage, refuse disposal, drainage, local utilities, rights-of-way, easements and facilities for them.
5. A public buildings element showing locations of civic and community centers, public schools, libraries, police and fire stations and other public buildings.
6. A housing element consisting of standards and programs for the elimination of substandard dwelling conditions, for the improvement of housing quality, variety and affordability and for provision of adequate sites for housing. This element shall contain an identification and analysis of existing and forecasted housing needs. This element shall be designed to make equal provision for the housing needs of all segments of the community regardless of race, color, creed or economic level.
7. A conservation, rehabilitation and redevelopment element consisting of plans and programs for:
  1. The elimination of slums and blighted areas.
  2. Community redevelopment, including housing sites, business and industrial sites and public building sites.
  3. Other purposes authorized by law.
8. 8. A safety element for the protection of the community from natural and artificial hazards, including features necessary for such protection as evacuation routes, peak load water supply requirements, minimum road widths according to function, clearances around structures and geologic hazard mapping in areas of known geologic hazards.
9. A bicycling element consisting of proposed bicycle facilities such as bicycle routes, bicycle parking areas and designated bicycle street crossing areas.
10. An energy element that includes:
  1. A component that identifies policies that encourage and provide incentives for efficient use of energy.
  2. An assessment that identifies policies and practices that provide for greater uses of renewable energy sources.
11. A neighborhood preservation and revitalization element, including:
  1. A component that identifies city programs that promote home ownership, that provide assistance for improving the appearance of neighborhoods and that promote maintenance of both commercial and residential buildings in neighborhoods.
  2. A component that identifies city programs that provide for the safety and security of neighborhoods.
The policies and strategies to be developed under these elements shall be designed to have community-wide applicability and this section does not authorize the imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law.

A.R.S. 9-461.11. EXTRATERRITORIAL JURISDICTION; DEVELOPMENT PLANS

D. Any municipal legislative body exercising the powers granted by this section may provide for the enforcement of its regulations for the area of extraterritorial jurisdiction in the same manner as the regulations for the area within the municipality are enforced.

A.R.S. 9-461.12. JOINT ACTION: COOPERATION WITH STATE AGENCIES; LAND AND FACILITIES USE

Municipal and county planning commissions may upon approval of their respective legislative bodies hold joint meetings concerning matters and problems which are common or impacting upon such jurisdictions.
Counties and municipal planning commissions, or any combination thereof, may make cooperative arrangements for a joint director of planning and for such other employees as may be required to operate a joint staff and may contract to render technical service to another commission in the same area. Such arrangements or contracts shall be approved by the legislative bodies having jurisdiction thereof.
State departments, agencies, boards or commissions or any political subdivision intending to acquire, dispose of, or construct upon any real property within a municipality shall, prior to such acquisition, disposal, or construction, notify the affected municipality and cooperate to the fullest extent possible to insure conformity with the adopted general plan or part thereof.
A county may enter into intergovernmental agreements under the provisions of title 11, chapter 7, article 3 with state departments, agencies, boards or commissions or with Indian tribes to jointly exercise powers relating to:
1. The means of applying county land use regulations, including zoning and subdivision standards, to projects developed by lessees and transferees of agencies and tribes.
2. The means of applying county adequate public facilities regulations pertaining to water, sewer, drainage, roads, parks and public safety, including dedication and construction requirements and development fees, to projects developed by lessees and transferees of agencies and Indian tribes.

A.R.S. 9-462.01. ZONING REGULATIONS; PUBLIC HEARING: DEFINITIONS

Pursuant to this article, the legislative body of any municipality by ordinance may in order to conserve and promote the public health, safety and general welfare:
1. Regulate the use of buildings, structures and land as between agriculture, residence, industry, business and other purposes.
2. Regulate signs and billboards.
3. Regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot which may be occupied by a building or structure, access to incident solar energy and the intensity of land use.
4. Establish requirements for off-street parking and loading.
5. Establish and maintain building setback lines.
6. Create civic districts around civic centers, public parks, public buildings or public grounds and establish regulations therefor.
7. Require as a condition of rezoning public dedication of rights-of-way as streets, alleys, public ways, drainage and public utilities as are reasonably required by or related to the effect of the rezoning.
8. Establish floodplain zoning districts and regulations to protect life and property from the hazards of periodic inundation. Regulations may include variable lot sizes, special grading or drainage requirements, or other requirements deemed necessary for the public health, safety or general welfare.
9. Establish special zoning districts or regulations for certain lands characterized by adverse topography, adverse soils, subsidence of the earth, high water table, lack of water or other natural or man-made hazards to life or property. Regulations may include variable lot sizes, special grading or drainage requirements, or other requirements deemed necessary for the public health, safety or general welfare.
10. Establish districts of historical significance provided that:
  1. The ordinances may require that special permission be obtained for any development within the district if the legislative body has adopted a plan for the preservation of districts of historical significance which meets the requirements of subdivision (b) of this paragraph, and the criteria contained in the ordinance are consistent with the objectives set forth in the plan.
  2. A plan for the preservation of districts of historical significance shall identify districts of special historical significance, state the objectives to be sought concerning the development or preservation of sites, area and structures within the district, and formulate a program for public action including the provision of public facilities and the regulation of private development and demolition necessary to realize these objectives.
  3. The ordinance establishing districts of historical significance shall set forth standards necessary to preserve the historical character of the area so designated.
  4. The ordinances may designate or authorize any committee, commission, department or person to designate structures or sites of special historical significance in accordance with criteria contained in the ordinance, and no designation shall be made except after a public hearing upon notice of the owners of record of the property so designated. The ordinances may require that special permission be obtained for any development respecting the structures or sites.
11. Establish age specific community zoning districts in which residency is restricted to a head of a household or spouse who must be of a specific age or older and in which minors are prohibited from living in the home. Age specific community zoning districts shall not be overlaid over property without the permission of all owners of property included as part of the district unless all of the property in the district has been developed, advertised and sold or rented under specific age restrictions. The establishment of age specific community zoning districts is subject to all of the public notice requirements and other procedures prescribed by this article.
12. Establish procedures, methods and standards for the transfer of development rights within its jurisdiction. Any proposed transfer of development rights from the sending property or to the receiving property shall be subject to the notice and hearing requirements of section 9-462.04 and shall be subject to the approval and consent of the property owners of both the sending and receiving property. Before any transfer of development rights, a municipality shall adopt an ordinance providing for:
  1. The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders.
  2. The preservation of the character of the sending property and assurance that the prohibitions against the use and development of the sending property shall bind the landowner and every successor in interest to the landowner.
  3. The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property.
  4. The purchase, sale, exchange or other conveyance of transferable development rights prior to the rights being affixed to a receiving property.
  5. A system for monitoring the severance, ownership, assignment and transfer of transferable development rights.
  6. The right of a municipality to purchase development rights and to hold them for resale.
  7. The right of a municipality at its discretion to enter into an intergovernmental agreement with another municipality or a county for the transfer of development rights between jurisdictions. The transfer shall comply with this paragraph, except that if the sending property is located in an unincorporated area of a county, the approval of the development rights to be sent to a municipality shall comply with section 11-821.03.
To carry out the purposes of this article and articles 6 and 6.2 of this chapter, the legislative body may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations which modify regulations in another zoning district with which the overlay zoning district is combined. Overlay zoning districts and regulations shall be adopted pursuant to section 9-462.04.

All zoning and rezoning ordinances or regulations adopted under this article shall be consistent with and conform to the adopted general plan of the municipality, if any, as adopted under article 6 of this chapter. In the case of uncertainty in construing or applying the conformity of any part of a proposed rezoning ordinance to the adopted general plan of the municipality, the ordinance shall be construed in a manner that will further the implementation of, and not be contrary to, the goals, policies and applicable elements of the general plan. A rezoning ordinance conforms with the land use element of the general plan if it proposes land uses, densities or intensities within the range of identified uses, densities and intensities of the land use element of the general plan.

A.R.S. 9-464. DEFINITION

In this article, unless the context otherwise requires, "open space lands or open area" means any space or area characterized by great natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources, or the production of food and fiber.

A.R.S. 9-464.01. OPEN SPACE LAND ACQUISITION

The acquisition of interests or rights in real property for the preservation of open spaces or areas constitutes a public purpose for which public funds may be expended or advanced.

A.R.S. 9-471. ANNEXATION OF TERRITORY: PROCEDURES: NOTICE: PETITIONS; ACCESS TO INFORMATION; RESTRICTIONS

The following procedures are required to extend and increase the corporate limits of a city or town by annexation:
1. A city or town shall file in the office of the county recorder of the county in which the annexation is proposed a blank petition required by paragraph 4 of this subsection setting forth a description and an accurate map of all the exterior boundaries of the territory contiguous to the city or town proposed to be annexed, except that a city or town shall not file an annexation petition that includes any territory for which an unsuccessful annexation was attempted by the same city or town until at least forty-five days after completion of the unsuccessful attempt. A property owner may waive the forty-five day waiting period for the owner's property that was part of the original unsuccessful annexation. Notice and a copy of the filing shall be given to the clerk of the board of supervisors and to the county assessor. The accurate map shall include all county rights-of-way and roadways with no taxable value that are within or contiguous to the exterior boundaries of the area of the proposed annexation. If state land, other than state land utilized as state rights-of-way or land held by the state by tax deed, is included in the territory, written approval of the state land commissioner and the selection board established by section 37-202 shall also be filed. For the purposes of this paragraph, "unsuccessful annexation" means an annexation attempt that was withdrawn or that was not completed pursuant to this section.
2. Signatures on petitions filed for annexation shall not be obtained for a waiting period of thirty days after filing the blank petition.
3. After filing the blank petition pursuant to paragraph I of this subsection, the governing body of the city or town shall hold a public hearing within the last ten days of the thirty day waiting period to discuss the annexation proposal. The public hearing shall be held in accordance with title 38, chapter 3, article 3.1, except that, notwithstanding section 38-431.02, subsections C and D, the following notices of the public hearing to discuss the annexation proposal shall be given at least six days before the hearing:
  1. Publication at least once in a newspaper of general circulation, which is published or circulated in the city or town and the territory proposed to be annexed, at least fifteen days before the end of the waiting period.
  2. Posting in at least three conspicuous public places in the territory proposed to be annexed.
  3. Notice by first class mail sent to the chairman of the board of supervisors of the county in which the territory proposed to be annexed is located.
  4. Notice by first class mail with an accurate map of the territory proposed to be annexed sent to each owner of the real and personal property as shown on the list furnished pursuant to subsection G of this section that would be subject to taxation by the city or town in the event of annexation in the territory proposed to be annexed. For the purposes of this subdivision, "real and personal property" includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property.
4. Within one year after the last day of the thirty day waiting period a petition in writing signed by the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property that would be subject to taxation by the city or town in the event of annexation, as shown by the last assessment of the property, may be circulated and filed in the office of the county recorder. For the purposes of this paragraph, "real and personal property" includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property.
5. No alterations increasing or reducing the territory sought to be annexed shall be made after a petition has been signed by a property owner.
6. The petitioner shall determine and submit a sworn affidavit verifying that no part of the territory for which the filing is made is already subject to an earlier filing for annexation. The county recorder shall not accept a filing for annexation without the sworn affidavit.
All information contained in the filings, the notices, the petition, tax and property rolls and other matters regarding a proposed or final annexation shall be made available by the appropriate official for public inspection during regular office hours.
Any city or town, the attorney general, the county attorney, or any other interested party may upon verified petition move to question the validity of the annexation for failure to comply with this section. The petition shall set forth the manner in which it is alleged the annexation procedure was not in compliance with this section and shall be filed within thirty days after adoption of the ordinance annexing the territory by the governing body of the city or town and not otherwise. The burden of proof shall be upon the petitioner to prove the material allegations of the verified petition. No action shall be brought to question the validity of an annexation ordinance unless brought within the time and for the reasons provided in this subsection. All hearings provided by this section and all appeals therefrom shall be preferred and heard and determined in preference to all other civil matters, except election actions. In the event more than one petition questioning the validity of an annexation ordinance is filed, all such petitions shall be consolidated for hearing. If two or more cities or towns show the court that they have demonstrated an active interest in annexing any or all of the area proposed for annexation, the court shall consider any oral or written agreements or understandings between or among the cities and towns in making its determination pursuant to this subsection.
The annexation shall become final after the expiration of thirty days from the adoption of the ordinance annexing the territory by the city or town governing body, provided the annexation ordinance has been finally adopted in accordance with procedures established by statute, charter provisions or local ordinances, whichever is applicable, subject to the review of the court to determine the validity thereof if petitions in objection have been filed. After adoption of the annexation ordinance, the clerk of the city or town shall provide a copy of the adopted annexation ordinance to the clerk of the board of supervisors of each county that has jurisdiction over the annexed area.
For the purpose of determining the sufficiency of the percentage of the value of property under this section, such values of property shall be determined as follows:
1. In the case of property assessed by the county assessor, values shall be the same as shown by the last assessment of the property.
2. In the case of property valued by the department of revenue, values shall be appraised by the department in the manner provided by law for municipal assessment purposes.
For the purpose of determining the sufficiency of the percentage of persons owning property under this section, the number of persons owning property shall be determined as follows:
1. In the case of property assessed by the county assessor, the number of persons owning property shall be as shown on the last assessment of the property.
2. In the case of property valued by the department of revenue, the number of persons owning property shall be as shown on the last valuation of the property.
3. If an undivided parcel of property is owned by multiple owners, such owners shall be deemed as one owner for the purposes of this section.
4. If a person owns multiple parcels of property, such owner shall be deemed as one owner for the purposes of this section.
The county assessor and the department of revenue, respectively, shall furnish to the city or town proposing an annexation within thirty days after a request therefor a statement in writing showing the owner, the address of each owner and the appraisal and assessment of all such property.
Territory is not contiguous for the purposes of subsection A, paragraph 1 of this section unless:
1. It adjoins the exterior boundary of the annexing city or town for at least three hundred feet.
2. It is, at all points, at least two hundred feet in width, exuding rights-of-way and roadways.
3. The distance from the existing boundary of the annexing city or town where it adjoins the annexed territory to the furthest point of the annexed territory from such boundary is no more than twice the maximum width of the annexed territory.
A city or town shall not annex territory if as a result of such annexation unincorporated territory is completely surrounded by the annexing city or town.
Notwithstanding any provisions of this article to the contrary, any town incorporated prior to 1950 which had a population of less than two thousand persons by the 1970 census and which is bordered on at least three sides by Indian lands may annex by ordinance territory owned by the state within the same county for a new townsite which is not contiguous to the existing boundaries of the town.
Subsections H and I of this section do not apply to territory which is surrounded by the same city or town or which is bordered by the same city or town on at least three sides.
A city or town annexing an area shall adopt zoning classifications that permit densities and uses no greater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land.
The annexation of territory within six miles of territory included in a pending incorporation petition filed with the county recorder pursuant to section 9-101.01, subsection C shall not cause an urbanized area to exist pursuant to section 9-101.01 that did not exist prior to the annexation.
As an alternative to the procedures established in this section, a county right-of-way or roadway with no taxable real property may be annexed to an adjacent city or town by mutual consent of the governing bodies of the county and city or town if the property annexed is adjacent to the annexing city or town for the entire length of the annexation and if the city or town and county each approve the proposed annexation as a published agenda item at a regular public meeting of their governing bodies.
On or before the date the governing body adopts the ordinance annexing territory, the governing body shall have approved a plan, policy or procedure to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development within ten years after the date when the annexation becomes final pursuant to subsection D of this section.
If a property owner prevails in any action to challenge the annexation of the property owner's property, the court shall allow the property owner reasonable attorney fees and costs relating to the action from the annexing municipality.
city or town may annex territory that is a county owned park or a park orated on public lands by a county as part of a management agreement if otherwise agreed to by the board of supervisors. If the board of supervisors does not agree to the annexation, the county owned park or park operated on public lands by a county as part of a management agreement shall be excluded from the annexation area, notwithstanding subsections H and I of this section. A county owned park or park operated on public lands by a county as part of a management agreement that is excluded from the annexation area pursuant to this subsection may subsequently be annexed with the permission of the board of supervisors notwithstanding any other provision of this section. For the purposes of this subsection, "public lands":
1. Has the same meaning prescribed in section 37-901.
2. Does not include lands owned by a flood control district.

A.R.S. 9-474. SUBDIVISION PLATS; PROJECTION OF STREET AND ALLEY LINES: APPROVAL: SURVEY

When the owner of land, the whole or part of which is in an unincorporated area within three miles from the corporate limits of a city or town having an ordinance establishing minimum subdivision standards and controls, desires to subdivide the land into lots for the purpose of selling it by reference to a map or plat, he shall first give written notice to the city or town of his intention to subdivide the land, naming and describing the land so that it may be identified upon the ground, and shall submit to the city or town a tentative plat of the land showing the manner in which he desires to subdivide the land.
If the city or town desires that the streets or alleys of the tract conform with the projected streets or alleys of the city or town, or of an adopted plan of the city or town, then the city or town may, at its cost, project the lines of its streets and alleys to the nearest outer boundary lines of the subdivision and thereon mark the same, and shall supply the owner with the courses of the lines.

E. The plat shall particularly set forth and describe:
1. Parcels of ground within the tract or subdivision to be used for public purposes or offered for dedication for public uses, and their dimensions, boundaries and courses.
2. Either by number or letter, lots intended for sale, or reserved for private use, and their dimensions, boundaries and courses.
3. The location of the subdivision into lots with reference to adjacent subdivisions, the maps or plats of which have been previously recorded, or if none, then with reference to corners of a United States survey, or if on land unsurveyed by the United States, then to some prominent artificial monument established for such purpose.

A.R.S. 9-499. REMOVAL OF RUBBISH. TRASH. WEEDS, FILTH. DEBRIS AND DILAPIDATED STRUCTURES: REMOVAL BY CITY: COSTS ASSESSED: COLLECTION: PRIORITY OF ASSESSMENT: DEFINITIONS

The governing body of a city or town, by ordinance, shall compel the owner, lessee or occupant of property to remove rubbish, trash, weeds or other accumulation of filth, debris or dilapidated structures which constitute a hazard to public health and safety from buildings, grounds, lots, contiguous sidewalks, streets and alleys. An ordinance shall require:
1. Written notice to the owner, the owner's authorized agent or the owner's statutory agent and to the occupant or lessee. The notice shall be served either by personal service or by certified ail. If notice is served by certified mail, the notice shall be mailed to the last known address of the owner, the owner's authorized agent or the owner's statutory agent and to the address to which the tax bill for the property was last mailed. The notice shall be given not less than thirty days before the day set for compliance and shall include the legal description of the property and the cost of such removal to the city or town if the owner, occupant or lessee does not comply. The owner shall be given not less than thirty days to comply. The city or town may record the notice in the county recorder's office in the county in which the property is located. If the notice is recorded and compliance with the notice is subsequently satisfied, the city or town shall record a release of the notice.
2. Provisions for appeal to and a hearing by the governing body of the city or town or a board of citizens that is appointed by the governing body on both the notice and the assessments, unless the removal or abatement is ordered by a court.
3. That any person, firm or corporation that places any rubbish, trash, filth or debris upon any private or public property not owned or under the control of that person, firm or corporation is guilty of a class 1 misdemeanor or a civil violation and, in addition to any fine or penalty which may be imposed for a violation of any provision of this section, is liable for all costs which may be assessed pursuant to this section for removing, abating or enjoining the rubbish, trash, filth or debris.

A.R.S. 9-499.11. LIGHTING STANDARDS FOR MUNICIPAL BUILDINGS: LIFE CYCLE COSTING; EVALUATION STANDARDS: SHIELDING

A city or town with a population of fifty thousand or more persons shall provide for efficient and effective lighting systems for new construction and major renovations of municipal buildings, structures, facilities and areas as determined by an evaluation based on the illuminating engineering society of north America lighting handbook and recommended practices.
Life cycle costs as defined in section 34-454 shall be used to evaluate the design, equipment and materials that are considered pursuant to subsection A of this section.
All outdoor light fixtures that are owned and operated by a city or town and that are subject to the requirements of subsection A of this section shall be fully shielded as defined in section 49-1101, except that outdoor light fixtures for a municipal recreational area or municipal sports facility shall be fully or partially shielded as defined in section 49-1101. This subsection does not apply to those outdoor light fixtures that are not required to be shielded pursuant to section 49-1102.

A.R.S. 9-500.03. MAINTENANCE AND PROTECTION OF PARKS; PARK RANGERS

A city or town may appoint park rangers.
A park ranger may be empowered to issue citations for violations of ordinances and park rules and regulations.
Nothing in this section shall be construed to grant park rangers other powers or benefits to which peace officers are entitled.

A.R.S. 9-500.04. AIR QUALITY CONTROL: DEFINITIONS

The governing body of a city or town in area A or area B as defined in section 49-541 shall:
1. In area A, beginning on January 1, 2008, develop and implement plans to stabilize targeted unpaved roads, alleys and unpaved shoulders on targeted arterials. The plans shall address the performance goals, the criteria for targeting the roads, alleys and shoulders, a schedule for implementation, funding options and reporting requirements. Priority shall be given to the following:
  1. Unpaved roads with more than one hundred average daily trips.
  2. Unpaved shoulders on arterial roads and other road segments where vehicle use on unpaved shoulders is evident or anticipated due to projected traffic volume.
2. In area A, acquire or utilize vacuum systems or other dust removal technology to reduce the particulates attributable to conventional crack sealing operations as existing equipment is retired.
3. In area A, in order to reduce particulate matter in ambient air:
  1. Beginning March 31, 2008, on any high pollution advisory day forecast by the department of environmental quality prohibit employees or contractors of that city or town from operating leaf blowers except while in vacuum mode and prohibit those employees or contractors from blowing landscape debris into public roadways at any time.
  2. No later than March 31, 2008, adopt, implement and enforce an ordinance that bans the blowing of landscape debris into public roadways at any time by any person.

D. The timetable shall reflect the following schedule and percentage of vehicles that operate on

H. Subsection A, paragraphs 5 through 8 of this section do not apply to any site that has a permit issued by a control officer as defined in section 49-471 for the control of fugitive dust from dust generating operations.

A.R.S. 9-500.05. DEVELOPMENT AGREEMENTS: PUBLIC SAFETY: DEFINITIONS

A municipality, by resolution or ordinance, may enter into development agreements relating to property in the municipality and to property located outside the incorporated area of the municipality. If the development agreement relates to property located outside the incorporated area of the municipality, the development agreement does not become operative unless annexation proceedings to annex the property to the municipality are completed within the period of time specified by the development agreement or any extension of such time.
A development agreement shall be consistent with the municipality's general plan or specific plan, if any, as defined in section 9-461, applicable to the property on the date the development agreement is executed.

A.R.S. 9-500.21. CIVIL ENFORCEMENT OF MUNICIPAL ORDINANCES

A city or town that classifies ordinance violations as civil offenses shall establish procedures to hear and determine these violations that may include:

Filing of a complaint before a hearing officer. The city or town magistrate may serve as a hearing officer or the city or town may appoint a separate hearing officer.
Timely notice of the citation to the violator. If the city or town is unable to personally serve the notice, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure or by certified or registered mail, return receipt requested.
Procedures for the hearing, record on appeal, default by a defendant and rules of evidence that generally comply with those for civil traffic offenses.
Imposition of a civil penalty. At the conclusion of the hearing, the hearing officer shall determine whether a violation exists and, if so, may impose civil penalties of up to the maximum amount specified in section 9-240 for ordinance violations for each day a violation exists beyond the initial notice constituting a separate offense. The hearing officer may also order abatement of the violation pursuant to section 9-499.
A provision that if the violator does not comply with a civil enforcement action, the city or town may file a criminal charge. A civil enforcement action is not a prerequisite to the filing of a criminal charge.
Judicial review of the final decisions of the hearing officer pursuant to section 12-124.

A.R.S. 9-500.23. AUTHORITY TO PROVIDE FIRE PROTECTION AND EMERGENCY SERVICES OUTSIDE CORPORATE LIMITS

In addition to the powers provided by section 9-500.20 if approved by a municipal resolution, a city or a town may provide fire and emergency medical services outside its corporate limits to a county island as provided by section 11-251.12 or 48-853. A city or town that provides fire and emergency medical services outside its corporate limits pursuant to section 11-251.12 or 48-853 and the county treasurer for the county in which the municipality is located may enter into an
agreement for the county treasurer to collect municipal fire and emergency services fees from owners of record in that area of the county. The municipality and the county treasurer may provide by agreement for the payment of the county treasurer's collection expenses from these fees, and if so provided, the fees shall include an amount for compensation of the county treasurer. Any compensation received by the county treasurer pursuant to this section shall be deposited pursuant to section 11-496.

A.R.S. 9-500.24. FEDERAL PATENT EASEMENTS; CITY AND TOWN ABANDONMENT

A city or town, by its own motion or at the request of a property owner, may abandon a federal patent easement established by the small tract act of 1938 that the city or town determines, after notifying and obtaining the consent of all affected utilities, is not being used by the public or is no longer necessary in the same manner as other easements are abandoned.

A.R.S. 9-500.27. OFF-ROAD VEHICLE ORDINANCE; APPLICABILITY: VIOLATION; CLASSIFICATION

No later than March 31, 2008, in area A, as defined in section 49-541, a city or town shall adopt, implement and enforce an ordinance that prohibits the operation of any vehicle, including an off-highway vehicle, an all-terrain vehicle or an off-road recreational motor vehicle, on an unpaved surface that is not a public or private road, street or lawful easement and that is closed by the landowner by rule or regulation of a federal agency, this state, a county or a municipality or by proper posting if the land is private land.
This section does not apply to the operation of vehicles used in the normal course of business or the normal course of government operations.
This section does not prohibit or preempt the enforcement of any similar ordinance that is adopted by a city or town in area A, as defined in section 49-541, before March 31, 2008 for purposes of dust abatement.
A person who violates an ordinance adopted pursuant to subsection A of this section is guilty of a class 3 misdemeanor.
In addition to or in lieu of a fine pursuant to this section, a judge may order the person to perform at least eight but not more than twenty-four hours of community restitution or to complete an approved safety course related to the off-highway operation of motor vehicles, or both.

A.R.S. 9-501. GRANT OF FRANCHISE

A municipal corporation shall not grant a franchise for a public utility to be operated by the grantee unless authorized by a majority vote of the qualified voters of the municipal corporation at a regular election or at a special election duly and regularly called by the governing body of the municipal corporation for that purpose.
A telecommunications corporation may apply for either a license or a franchise from a municipal corporation under section 9-583, and the municipal corporation shall not require a franchise for a public utility for its provision of telecommunications services as defined in section 9-581.

A.R.S. 9-511. POWER TO ENGAGE IN BUSINESS OF PUBLIC NATURE: OUTSIDE WATER RATES: RIGHT OF EMINENT DOMAIN

A municipal corporation may engage in any business or enterprise which may be engaged in by persons by virtue of a franchise from the municipal corporation, and may construct, purchase, acquire, own and maintain within or without its corporate limits any such business or enterprise. A municipal corporation may also purchase, acquire and own real property for sites and rights-of-way for public utility and public park purposes, and for the location thereon of waterworks, electric and gas plants, municipal quarantine stations, garbage reduction plants, electric lines for the transmission of electricity, pipelines for the transportation of oil, gas, water and sewage, and for plants for the manufacture of any material for public improvement purposes or public buildings. If a municipality provides water to another municipality, the rates it charges for the water to the public in the other municipality shall be one of the following:
1. The same or less than the rates it charges its own residents for water.
2. The same or less than the rates the other municipality charges its residents for water.
3. If the other municipality does not provide water, the average rates charged for water to the residents in the other municipality by private water companies.
4. Rates determined by a contract which is approved by both municipalities and in which such rates are justified by a cost of service study or by any other method agreed to by both municipalities.
Nothing in this section shall affect a surcharge on water provided to another municipality adopted prior to July 1, 1986 provided that the surcharge did not exceed thirty per cent of the rates the municipality providing the water charges its own residents and except that any increase in the percentage of such surcharge proposed after August 13, 1986 shall be subject to the requirements of this section.
The municipality may exercise the right of eminent domain either within or without its corporate limits for the purposes as stated in subsection A, and may establish, lay and operate a plant, electric line or pipeline upon any land or right-of-way taken thereunder, and may manufacture material for public improvement purposes and barter or exchange it for other material to be used in public improvements in the municipal corporation, or sell it to other municipal corporations for like purposes, and for any and all such purposes.

A.R.S. 9-514. AUTHORITY TO ENGAGE IN UTILITY BUSINESS

Except as provided in section 9-571, before construction, purchase, acquisition or lease by a municipal corporation, as authorized in sections 9-511, 9-511.01, 9-511.02, 9-512 and 9-513, of any plant or property or portion of plant or property devoted to the business of or services rendered by a public utility shall be undertaken, the construction, purchase, acquisition or lease shall be authorized by the affirmative vote of a majority of the qualified electors who are taxpayers of the municipal corporation voting at a general or special municipal election duly called and held for the purpose of voting upon the question.
This section does not apply to the construction, purchase, acquisition or lease of water or sewage system utilities by a city or town incorporated pursuant to section 9-101.02.

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