REFERENCE TITLE: municipal franchise elections; rates; estimate

 

 

 

State of Arizona

Senate

Fifty-first Legislature

First Regular Session

2013

 

 

SB 1370

 

Introduced by

Senator Griffin; Representatives Stevens: Gowan

 

 

AN ACT

 

amending section 9‑502, Arizona Revised Statutes; relating to Franchise by Municipality.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 9-502, Arizona Revised Statutes, is amended to read:

START_STATUTE9-502.  Petition for franchise; publication; estimate; election; term; expenditures

A.  A person desiring to obtain a franchise to operate a public utility from a municipal corporation shall present the franchise desired to the governing body of the municipal corporation, and it shall be filed among its records.

B.  If the governing body deems the granting of the franchise beneficial to the municipal corporation, it shall pass a resolution, to be spread upon on its record, stating that fact, and shall submit the question to the qualified electors as to whether or not the franchise shall be granted at the following regular election held in the municipal corporation or at a special election called for that purpose.

C.  The proposed franchise shall be published in full in some newspaper of general circulation published in the municipal corporation for at least thirty consecutive days prior to before the election.

D.  The ballot shall include an estimate of the utility rates that the average residential ratepayer would pay under the franchise agreement and identify any proposed fees or taxes that a rate payer would pay under the franchise agreement.

D.  E.  If a majority of the votes cast is in favor of granting the franchise, the governing body shall grant the franchise only in the form filed and published.

E.  F.  A franchise shall not be granted for a longer term than twenty‑five years.

F.  G.  An election held pursuant to this section shall be held on a date prescribed by section 16‑204.

G.  H.  A public utility that spends only its own monies or resources in support of its proposed franchise from a municipal corporation to operate a public utility is exempt from the requirements of title 16, chapter 6. END_STATUTE