§ 48-180 — Time for hearing; notice; summons; parties; pleadings

Arizona § 48-180

• Jurisdiction: Arizona
• Title 48: Arizona Revised Statutes
• Ch. 1: GENERAL PROVISIONS
• Art. 5: District Contracts with Federal Government

Text

A. Upon filing of the petition in the superior court, the court or judge thereof shall fix a time for a hearing on the petition, which shall be not less than fifteen days from the date of filing the petition, and shall order the clerk of the court to issue summons in the matter directed to all persons who may have or claim any interest in any land located in the district or in any matters referred to in the petition. The court shall also order the clerk to give notice of the filing of the petition and the date of the hearing thereon by publishing the summons at least once a week for two weeks in a newspaper published or of general circulation in the county in which the office of the district is located, and by posting a written or printed copy of the notice in at least three public places in the district, the first of the publications and postings to be not less than ten days prior to the date fixed for the hearing.

B. The summons shall state the maximum amount that may be advanced by the federal government pursuant to the contract, shall describe in general terms the maximum amount, interest rate and maturities of any new bonds to be issued by the district pursuant thereto, and shall contain any other information the court deems advisable to have inserted therein. The summons shall also state the time and place fixed for hearing the petition and that any person interested in or whose rights may be affected by the execution of the contract or agreement, or by issuance or sale of any bonds, or by the levy of taxes or assessments, or by the limitation of the taxes or assessments, or by the proceedings had or to be had by the governing body with respect to the matters, or by the entering into or the performance of the contract or agreement, may, on or before the date fixed for hearing the petition, move to dismiss the petition for failure to state a claim upon which relief can be granted or answer the petition, and may appear in the hearing and contest the granting of the petition and the entry of any order of confirmation pursuant thereto.

C. Any owner of land in the district or any other person interested in or whose rights may be affected by the entering into or the performance of the contract or agreement, or by the issuance or sale or exchange of any bonds, or by the levy of any taxes or assessments or by the limitation of indebtedness, taxes or assessments, or by the entry of any order of confirmation, may enter his appearance in the proceeding and move to dismiss the petition for failure to state a claim upon which relief can be granted or answer the petition and contest the granting of the prayer of the petition.

D. The provisions of law pertaining to civil actions shall be applicable to the responsive pleadings to the petition. The governing body of the district shall be the plaintiff and the person or persons filing the responsive pleadings shall be the defendants in the proceeding. Every material allegation of the petition not specifically controverted by the answer shall be taken as true, and every holder of title or evidence of title to lands included in the district and every other party in interest failing to file a responsive pleading to the petition, shall be deemed to admit as true all the material allegations thereof.