Agenda

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Public Hearing 3. A.

Regular BOS Meeting

Meeting Date:	12/15/2020
Submitted By:	Marian Sheppard, Clerk of the Board
Department:	Clerk of the Board of Supervisors

Information

Request/Subject

Adoption of Ordinance No. 2020-04 to annex the certain public right-of-way being deannexed by the Town of Star Valley.

Background Information

On October 21, 2020, Timothy Grier, Town of Star Valley Manager/Attorney, submitted a certified letter to the Chairman of the Gila County Board of Supervisors requesting to deannex the certain public right-of-way (an approximate 2.7 miles of State Highway 260 between Lion Springs Road and Preacher Canyon) located in the Town of Star Valley and return it to Gila County per A.R.S. § 9-471.03 (B). Accompanying the letter was the Town's Ordinance No. 0 20-05 as required by A.R.S. § 9-471.03 (C).

Per A.R.S. § 9-471.03 (D), on November 17, 2020, the Board of Supervisors set a public hearing for December 15, 2020, to determine if the public interest is served by the Town of Star Valley's deannexation of the certain public right-of-way and its return to the County.

Evaluation

At present, the Town of Star Valley is responsible for law enforcement on this portion of the highway, which begins at Lion Springs Road to Preacher Canyon on State Highway 260 in Star Valley. After obtaining public comment, should the Board of Supervisors determine that the public interest is served by the Town of Star Valley's deannexation of the certain public right-of-way and annexing by Gila County, it would take away the ambiguity that the Town of Star Valley has law enforcement responsibility for this portion of State Highway 260.

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."Steve Sanders, Public Works Department Director, has reviewed the paperwork to include a legal description of the certain public right-of-way. He has determined that the Town's proposed deannexation of the certain public right-of-way and its return to the County will not impact the County in any way. He will provide his analysis to the Board of Supervisors.

Notice of this public hearing was provided at least 15 days prior to this hearing in the Arizona Silver Belt newspaper, a newspaper of general circulation in the county seat, as required by A.R.S. § 11-251.05 (C) The notice was published on November 25, 2020. In addition, the notice was published in the Payson Roundup newspaper, the official newspaper of the County for FY 2020-2021, on November 24th and December 1st.

The Board needs to proceed with the public hearing set for this date and consider adopting Ordinance No. 2020-04.

Conclusion

The Board of Supervisors needs to conduct a public hearing to determine if the public interest is served by annexing the certain public right-of-way. If so, the Board needs to adopt Ordinance No. 2020-04 as statutorily required under A.R.S. § 9-471.03 (E).

Recommendation

It is recommended that the Board conduct the public hearing to determine if the public interest is served by the Town of Star Valley's deannexation of the certain public right-of-way and its return to Gila County, and consider adopting Ordinance No. 2020-04.

Suggested Motion

Information/Discussion/Action to obtain public comment to determine if the public interest will be served by the Town of Star Valley's deannexation of the certain public right-of-way located in Star Valley and its return to Gila County, and consider adopting Ordinance No. 2020-04 for said annexation of the certain public right-of-way by Gila County. (Timothy Grier/Steve Sanders)

Attachments
Ordinance No. 2020-04
Town of Star Valley's Deannexation Request
Public Notice
A.R.S. 9-471.03