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Regular Agenda Item 4. E.

Regular BOS Meeting

Meeting Date:	11/17/2020
Submitted By:	Marian Sheppard, Clerk of the Board
Department:	Clerk of the Board of Supervisors

Information

Request/Subject

Set a Public Hearing for Proposed Public Right-of-Way Deannexation by the Town of Star Valley (Town) and Annexation into Gila County.

Background Information

On October 26, 2020, the Gila County Clerk of the Board received a certified letter from Timothy Grier, Town Manager/Attorney, dated October 21, 2020. The letter provided notice per A.R.S. § 9-471.03 (C) that the Town adopted its Ordinance No. O 20-05 on October 20, 2020, to begin the process of deannexing and returning to Gila County the certain public right-of-way as legally described in the Town's Ordinance.

A.R.S. § 9-471.03 (B) states, "Notwithstanding any other law, a public right-of-way that is partially located within a city or town and partially located within the unincorporated area of a county may be deannexed and severed from the city or town and returned to the county."

Evaluation

An Ordinance was adopted by the Mayor and Common Council of the Town which set forth the legal description of the public right-of-way to be deannexed from the Town and returned to Gila County.

The next step in the statutory process is for the Board of Supervisors to establish a public hearing date. A.R.S. §9-471.03 (D) states, "The board of supervisors that intends to receive the territory or public right-of-way shall set a public hearing to determine if the public interest is served. The determination must include an analysis of the impacts of the requested deannexation."

A.R.S. § 9-471.03 (F) states, "The board of supervisors shall set a public hearing not less than thirty nor more than sixty days after the date the ordinance is filed. The board of supervisors shall notify by certified mail each owner of real property subject to taxation adjacent to the territory or public right-of-way that is proposed to be deannexed at least twenty days before the hearing. On the holding of the public hearing, the board of supervisors may order that the territory or public right-of-way be as specified in the ordinance authorized by the city or town." The Town's Ordinance No. O 20-05 was filed with the Clerk of the Board and it was postmarked October 24, 2020. Per statutory requirement, the public hearing may not be set prior to November 24, 2020, and by no later than December 24, 2020.

Conclusion

It is now the time for the Board of Supervisors to set a public hearing to consider the Town's deannexation and return to Gila County the certain public right-of-way located in Sections 24, 25, and 26, Township 11 North, 11 East of the Gila and Salt River Meridian, Gila County, Arizona.

Recommendation

The Clerk of the Board recommends that the Board of Supervisors set a public hearing for Tuesday, December 15, 2020, to determine if the public interest is served by the Town's deannexation and return to Gila County the certain public right-of-way located in the incorporated limits of the Town of Star Valley.

Suggested Motion

Information/Discussion/Action to set a date of Tuesday, December 15, 2020, whereby the Board of Supervisors will hold a public hearing to determine if the public interest is served by the Town of Star Valley's deannexation and return to Gila County the certain public right-of-way located on State Highway 260 within the Town of Star Valley. (Marian Sheppard)

Attachments
Town of Star Valley Deannexation Request
A.R.S. 9-471.03