Arizona Laws 48-702. Resolution declaring intention to form district
A. If the public convenience and necessity require, and on presentation of a petition signed by the owners of at least twenty-five percent of the land area proposed to be included in the district, the governing body may adopt a resolution declaring its intention to form a community facilities district that shall include contiguous or noncontiguous property that is wholly within the corporate boundaries of the municipality or county.
Terms Used In Arizona Laws 48-702
- city: includes incorporated cities and towns. See Arizona Laws 48-571
- Clerk: includes any person or official who performs the duties of clerk of the municipality or county or any person appointed by the district board to be the district clerk pursuant to section 48-711. See Arizona Laws 48-701
- County: means a county that forms a community facilities district pursuant to this article in an unincorporated area or in an incorporated area with the municipality's consent. See Arizona Laws 48-701
- District: means a tax levying community facilities district formed pursuant to this article by a municipality or formed pursuant to this article by a county in an unincorporated area or in an incorporated area with the municipality's consent. See Arizona Laws 48-701
- District board: means the board of directors of the district. See Arizona Laws 48-701
- Entity: means any of the following:
(a) A corporation. See Arizona Laws 48-701
- Ex officio: Literally, by virtue of one's office.
- General plan: means the general plan described in section 48-702, subsection D, as the plan may be amended. See Arizona Laws 48-701
- Governing body: means the body or board that by law is constituted as the legislative department of the municipality or county. See Arizona Laws 48-701
- improvement: includes any or all of the improvements mentioned and authorized to be made in this and article 1 of this chapter and the construction, reconstruction and repair of all or any portion of the improvements, and all labor, services, incidental expenses and material necessary or incidental to the construction, reconstruction or repair. See Arizona Laws 48-571
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Municipality: means an incorporated city or town. See Arizona Laws 48-701
- Owner: means the person or entity that, on the day the action, election or proceeding is begun or held, appears to be the owner of real property as shown on the property tax assessment roll. See Arizona Laws 48-701
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Public infrastructure: means all improvements listed in this paragraph that will result in a beneficial use principally to land within the geographical limits of the district and may include a district's share of any improvements listed in this paragraph if the district board determines such share is proportionate to the beneficial use of such improvements to land within the geographical limits of the district, improvements within or outside the geographical limits of the district, necessary or incidental work, whether newly constructed, renovated or existing, and all necessary or desirable appurtenances. See Arizona Laws 48-701
B. On presentation of a petition signed by the owners of at least twenty-five percent of the land area proposed to be included in the district and a completed application for formation of a district by an individual or entity, the governing body of a municipality or county within sixty days after submission of the completed application shall hold a public hearing to consider the application for formation of the district. Immediately after completion of the hearing, the governing body may adopt a resolution declaring its intention to form a community facilities district that shall include contiguous or noncontiguous property that is wholly within the corporate boundaries of the municipality or county. If the governing body does not adopt a resolution declaring its intention to form a district, the governing body shall provide a written basis for not adopting the resolution and shall identify the specific changes needed for the application to be approved. This subsection does not create a presumption of district formation.
C. The resolution adopted by the governing body shall state the following:
1. The area or areas to be included in the district.
2. The purposes for which the district is to be formed.
3. That a general plan for the district is on file with the clerk of the municipality or county, as applicable.
4. The date, time and place of the hearing to be held on the formation of the district.
5. The place where written objections to the formation of the district may be filed.
6. That formation of the district may result in the levy of taxes to pay the costs of improvements constructed by the district and for their operation and maintenance.
7. A reference to this article.
8. Whether the district will be governed by a district board that consists of the members of the governing body, ex officio, and if requested pursuant to this section, with two additional district board members who are initially designated by the owner who owns the largest amount of privately owned acreage in the proposed district and who are appointed by the governing body, or, at the option of the governing body, five directors appointed by the governing body. The applicant for formation of the district shall provide in the application whether two additional district board members are to be appointed and shall provide a process for the designation of the two additional district board members, if applicable, on completion of the development of all of the property in the district, as certified by the applicant or its successors, and may provide for the designation of additional district board members on expiration of the term of additional district board members and for the designation of an additional district board member if a vacancy occurs on the district board because of the death, resignation or inability to discharge the duties of an additional district board member.
D. A completed application also shall include at least the following information:
1. A petition signed by the owners of at least twenty-five percent of the land to be included in the district.
2. A description of the applicant, including the corporate and organizational structure of the entity or individual making the application, the names of all officers and corporate directors directly related to or associated with the proposed district, the name, address and telephone number of the primary contact for the applicant, the names of any legal representatives, engineers, architects, financial consultants or other consultants significantly involved in the application and a general description of the applicant’s experience with similar types of developments.
3. A general plan setting out a general description of the public infrastructure for which the district is proposed to be formed, the general areas to be improved and the estimated costs of construction or acquisition of the public infrastructure to be financed, constructed or acquired by the district.
4. A preliminary financing plan that includes the sources and uses of monies for the public improvements.
E. In reviewing an application for formation of a district in a county, the governing body of the county may consider the district’s proximity to a city or town, its inclusion in a metropolitan planning area or county growth area, the availability and capacity of utilities and public infrastructure, including the transportation network, law enforcement services, current levels of other public services and the terms of existing zoning, development agreements and capital improvement plans.