REFERENCE TITLE: Maricopa county; division; new counties

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

HCR 2018

Introduced by

Representatives Kolodin: Chaplik, Marshall, Parker B

A Concurrent Resolution

enacting and ordering the submission to the people of a measure relating to location of counties.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to location of counties, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:

An Act

amending section 11-109, arizona revised statutes; amending title 11, chapter 1, article 1, arizona revised statutes; by adding sections 11-118, 11-119 and 11-120; relating to location of counties.

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

Section 1. Section 11-109, Arizona Revised Statutes, is amended to read:

START_STATUTE11-109. Maricopa county

Maricopa county, the county seat of which is Phoenix, is bounded as follows:

Commencing at a point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, intersects the second standard parallel south, being the northwest corner of Pima county; thence north on such survey line and along the east boundaries of Yuma and La Paz counties to the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as surveyed, intersects the thirty-fourth parallel north latitude, as defined by the Thompson survey of 1924; thence east on the thirty-fourth parallel north latitude, as defined, and along the southern boundary of Yavapai county to the point where the Hassayampa river intersects such parallel; thence southeast in a direct line following the Thompson survey of 1924 to a point in the Agua Fria river two miles southerly and below the mouth of Humbug creek; thence northerly up the Agua Fria river to a point two miles southerly and below the place where the residence of J. W. Swilling stood on January 31, 1877; thence easterly in a direct line following the Thompson survey of 1924 to the point where the thirty-fourth parallel north latitude, as defined by such survey, intersects the Verde river; thence east on such parallel to the point where the parallel as surveyed intersects the summit of the Mazatzal range of mountains; thence southerly along the summit of the Mazatzal range of mountains to the point where such range of mountains intersects the centerline of the Salt river; thence easterly up the Salt river to the mouth of Tonto creek; thence southerly in a direct line toward a mountain known as the "Water Shed," and along the western boundary of Gila county to the point where such line and boundary intersects the north line of township one north; thence west on the north line of township one north and along the northern boundary of Pinal county to the point where such line intersects the eastern line of range seven east; thence south on the eastern line of range seven east to the point where such line intersects the southern line of township two south; thence west on such line to the point where such line intersects the Gila river; thence northerly and westerly down the Gila river to the point where the river intersects the eastern line of range one east, being the northwest corner of Pinal county; thence south on such line to the point where such line intersects the second standard parallel south, being the southwest corner of Pinal county; thence west on such parallel to the point where it intersects the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, being the place of beginning. commencing at the northwestern border of the City of Glendale at 75th Avenue and Pinnacle Peak Road, thence east along the boundary of the City of Glendale; thence south along the boundary of the City of Glendale to the point where the boundary intersects Thunderbird Road; thence east along Thunderbird Road to the point where thunderbird road intersects Cave Creek Road; thence east following along Cactus Road to the point where cactus road intersects Tatum Boulevard; thence south along Tatum Boulevard to the northwest boundary of the Town of Paradise Valley; thence south following the boundary of the City of Phoenix to the point where the boundary of the city of Phoenix intersects the boundary of the City of Tempe on McDowell Road, thence south and thence east following the boundary of the City of Tempe continuing to the point where the boundary of the city of Tempe intersects the boundary of the City of Phoenix; thence south along the western border of the city of Chandler; thence east along the southern border of the city of Chandler; thence south to where it intersects the meridian line one hundred thirteen degrees twenty minutes west longitude; thence west along the northern boundary of Pinal county to the point where such line intersects the eastern line of range seven east; thence south on the eastern line of range seven east to the point where such line intersects the southern line of township two south; thence west on such line to the point where such line intersects the Gila river; thence northerly and westerly down the Gila river to the point where the river intersects the eastern line of range one east, being the northwest corner of Pinal county; thence south to the thirty-third parallel following a direct line along the southern boundary of the Gila River Indian Reservation; thence north along the eastern boundary of the City of Goodyear; thence north along the western boundary of the City of Avondale to where intersects the boundary of the City of Glendale; thence following the boundary of the City of Glendale to the northwestern boundary of the City of Glendale, which is the place of beginning. END_STATUTE

Sec. 2. Title 11, chapter 1, article 1, Arizona Revised Statutes, is amended by adding sections 11-118, 11-119 and 11-120, to read:

START_STATUTE11-118. Hohokam county

Hohokam county is bounded as follows:

South on the northwestern point where Gila County to the point where such line intersects the second standard parallel south, being the southwest corner of Pinal county; thence west on such parallel to the point where it intersects the meridian line one hundred thirteen degrees twenty minutes west longitude to the western border of Sun Lakes at Price Road; thence north along the western border of the City of Chandler; thence west along the southern border of the City of Chandler; thence north along the western border of the City of Chandler; thence east along the northern border of the City of Chandler; thence north along the border of the City of Mesa continuing to the northwestern point where Gila County intersects, which is the place of beginning. END_STATUTE

START_STATUTE11-119. Mogollon county

Mogollon county is bounded as follows:

Commencing at the Agua Fria river two miles southerly and below the mouth of Humbug creek; thence northerly up the Agua Fria river to a point two miles southerly and below the place where the residence of J. W. Swilling stood on January 31, 1877; thence easterly in a direct line following the Thompson survey of 1924 to the point where the thirty-fourth parallel north latitude, as defined by such survey, intersects the Verde river; thence east on such parallel to the point where the parallel as surveyed intersects the summit of the Mazatzal range of mountains; thence southerly along the summit of the Mazatzal range of mountains to the point where such range of mountains intersects the centerline of the Salt River; thence easterly up the Salt river to the mouth of Tonto creek; thence southerly in a direct line toward a mountain known as the "Water Shed" and along the western boundary of Gila county to the point where such line and boundary intersects the north line of township one north; thence west following the northern boundary of the City of Mesa to the southern border of the Salt River Pima—Maricopa Indian Reservation to the border of the City of Scottsdale to the southern border of the Town of Paradise Valley continuing northward to the northwestern boundary of the Town of Paradise Valley at Shea Boulevard and Tatum Boulevard; thence north following Tatum Boulevard to Cactus Road; thence west following Cactus Road to the point where Cactus road intersects Cave Creek Road; thence west following Thunderbird Road to the point where Thunderbird road intersects the boundary of the City of Glendale; thence north following the eastern boundary of the City of Glendale; thence north following the western boundary of the City of Phoenix; thence west following the northern border of the City of Peoria to the point on the Agua Fria river, which is the place of beginning. END_STATUTE

START_STATUTE11-120. O'odham county

O'odham county is bounded as follows:

Commencing at a point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, intersects the second standard parallel south, being the northwest corner of Pima county; thence north on such survey line and along the east boundaries of Yuma and La Paz counties to the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as surveyed, intersects the thirty-fourth parallel north latitude, as defined by the Thompson survey of 1924; thence east on the thirty-fourth parallel north latitude, as defined, and along the southern boundary of Yavapai county to the point where the Hassayampa river intersects such parallel; thence southeast in a direct line following the Thompson survey of 1924 to the thirty-fourth parallel north latitude where it intersects the border of the City of Peoria boundaries; thence east following the border of the City of Peoria and south following the boundary of the City of Peoria and west along Northern Avenue continuing along the southern boundary of the City of El Mirage, thence north along the boundary of the City of El Mirage to the southern boundary of the City of Surprise to the northwestern boundary of the City of Glendale thence south following the eastern boundary of the City of Goodyear to the thirty-third parallel north latitude in a direct line to the southern boundary of the Gila River Indian Reservation to where it intersects the border of Pinal County; thence south following the border of Pinal County to where it intersects the border of Pima County; then west following the northern border of Pima County to the commencement point, which is the place of beginning. END_STATUTE

Sec. 3. Maricopa county division; procedures

A. Maricopa county operations shall continue in their existing form through a transition period of not more than three years after the effective date of this act.  On the election of the boards of supervisors in Hohokam, Maricopa, Mogollon and O'odham counties, the existing Maricopa county operations shall continue under the supervision of the intercounty oversight and accountability board for the duration of the transition period.  The current Maricopa county board of supervisors shall retain authority over the operation of Maricopa county during the transition period until the boards of supervisors in Hohokam, Maricopa, Mogollon and O'odham counties are sworn into office.  The swearing in shall take place not later than June 15, 2024. 

B. The boards of supervisors in Hohokam, Maricopa, Mogollon and O'odham counties shall be elected at a special election within one hundred twenty days after the effective date of this act.  The supervisors shall be elected to staggered, abbreviated terms to serve until the next presidential election.  Supervisors shall be elected at large for their initial terms and shall be elected by supervisorial district at subsequent elections.  The board of supervisors shall approve supervisorial districts within one hundred eighty days after being sworn in. 

C. Currently elected Maricopa county supervisors will continue in their elected capacities for the remainder of their terms. If a currently elected Maricopa county supervisor's supervisory district is located within Hohokam, Mogollon or O'odham counties, that supervisor will continue the supervisor's currently elected term in the new county in which the supervisory district is located.

D. The chairperson of each county's board of supervisors shall serve on an intercounty oversight and accountability board during the three-year transition period.  The board shall make intercounty decisions and enter into mutually beneficial shared use or intergovernmental agreements for the continuation of services for Hohokam, Maricopa, Mogollon and O'odham counties.  The board will terminate at the end of the transition period.  The board may be continued if approved by a majority of the boards of supervisors of Hohokam, Maricopa, Mogollon and O'odham counties. 

E. Control of existing special districts will be assumed by the county in which the special district is located.  If a special district is located within more than one county, the counties shall enter into an intergovernmental agreement regarding control of the special district within one year after the election of the county board of supervisors.

F. The elected boards of supervisors in Hohokam, Mogollon and O'odham counties will determine an application process for municipalities to apply to be the county seat.  The county seat shall be determined at a special election to take place not more than one hundred twenty days after the election of the boards of supervisors in Hohokam, Mogollon and O'odham counties.

G. Hohokam, Maricopa, Mogollon and O'odham counties may enter into a ten-year shared use agreement for the use of existing shared capital assets. The counties shall divide furniture, fixtures and equipment on a pro-rata basis based on the furniture, fixtures and equipment located in each county.

H. The election of unfilled elected county seats in Hohokam, Maricopa, Mogollon and O'odham counties shall take place at the same time as the election of the boards of supervisors in Hohokam, Maricopa, Mogollon and O'odham counties. Current elected officials shall finish their current terms in the county in which they reside.

I. Hohokam, Maricopa, Mogollon and O'odham counties shall enter into an intergovernmental agreement for the continued operation of community colleges for a period of not less than ten years after the effective date of this act.

Sec. 4. Conforming legislation

The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-seventh legislature, first regular session.

2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.