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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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CHAPTER 254
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HOUSE BILL 2389 |
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AN ACT
amending section 11‑256, Arizona Revised Statutes; relating to lease of county property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-256, Arizona Revised Statutes, is amended to read:
11-256. Lease or sublease of county lands and buildings; exceptions
A. The board may lease or sublease, for a term not to exceed twenty‑five years plus an option to renew for an additional period not exceeding twenty-five years, any land or building owned by or under the control of the county.
B. An experienced appraiser shall be appointed to determine the rental valuation of such land or building, except that the appointment of an appraiser is not required for the lease of any land or building that is valued at five thousand dollars or less if the value of the land or building has been estimated and justified by a market analysis that is based on comparable sales.
C. Such land or building shall be leased or subleased at a public auction to the highest responsible bidder, provided that the amount of bid is at least ninety per cent of the rental valuation as determined by the appraiser or the market analysis, and subject to such other terms and conditions as the board may prescribe.
D. Notice of a proposed lease or sublease shall be given by publication, once each week for four consecutive weeks, in a newspaper of general circulation in the county. The notice shall state the period and all material conditions of the proposed lease, and the day on which the auction will be held, which shall be not less than thirty days after last publication of the notice.
E. Subsections C and D do not apply to leases granting a leasehold interest to a person or entity that owned, leased or otherwise possessed the property to be leased immediately before purchase or acquisition by the county or to other persons or entities leasing property for a term that would expire within four years after the purchase or acquisition by the county. A lease entered into pursuant to this subsection shall be for at least ninety per cent of, but not more than, the appraised rental valuation or MARKET analysis determined pursuant to subsection B.
F. This section shall be construed as is supplementary to and not in conflict with other statutes governing or regulating powers of boards of supervisors.
APPROVED BY THE GOVERNOR APRIL 12, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 12, 2012.