Authority to engage in utility business topic of Apache Junction council executive sessions

From left are Apache Junction City Manager Bryant Powell and City Attorney R. Joel Stern at a council meeting. (Arianna Grainey, Independent Newsmedia)

Getting into the sewer and/or water utility business appears to be a topic of the Apache Junction City Council’s April 1-2 closed-door executive sessions with the city’s attorneys.

The Apache Junction City Council is to meet in executive session, which is not open to the public, at 6 p.m. Monday, April 1, and Tuesday, April 2 in the City Council Conference Room, 300 E. Superstition Blvd.

The agenda item for a discussion with city attorneys on the authority to engage in utility business pursuant to Arizona Revised Statutes ยง9-514, is, according to

  • A. Except as provided in section 9-571, before construction, purchase, acquisition or lease by a municipal corporation, as authorized in sections 9-511, 9-511.01, 9-511.02, 9-512 and 9-513, of any plant or property or portion of plant or property devoted to the business of or services rendered by a public utility shall be undertaken, the construction, purchase, acquisition or lease shall be authorized by the affirmative vote of a majority of the qualified electors who are taxpayers of the municipal corporation voting at a general or special municipal election duly called and held for the purpose of voting on the question.
  • B. This section does not apply to the construction, purchase, acquisition or lease of water or sewage system utilities by a city or town incorporated pursuant to section 9-101.02.

Other items on the Apache Junction City Council’s April 1-2 executive sessions agenda are:

  • discussion or consultation with the city’s attorneys for purposes of legal advice and discussion or consultation with the city’s attorneys in order to consider the city’s position and instruct the attorneys regarding the city’s position in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation regarding Mehmood Mohiuddin, Hitching Post Pizza and Pub LLC v. City of Apache Junction et al.-District Court Case No. 2: 18-cv-01801-GMS.
  • purchase of land for public purposes.

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