A. If the formation of the district is approved by a majority of the votes cast at the election, the governing body shall order the formation and if applicable, appoint the initial directors of the district board who are not members of the governing body, ex officio, set the district boundaries and order that a map showing the district boundaries be drawn and a copy of the order forming the district be delivered to the county assessor and the board of supervisors of the county in which the district is located and to the department of revenue. A notice of the formation showing the number and date of the order and giving a description of the land included in the district shall be recorded with the county recorder.

Terms Used In Arizona Laws 48-708

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • 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
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Revenue bonds: means those bonds that are issued pursuant to section 48-720 and that are secured by a pledge of revenues of the district or revenues collected by the county or municipality and returned to the district. See Arizona Laws 48-701

B. On its formation, the district is a special purpose district for purposes of article IX, section 19, Constitution of Arizona, a tax levying public improvement district for the purposes of article XIII, section 7, Constitution of Arizona, and a municipal corporation for all purposes of Title 35, Chapter 3, articles 3, 3.1, 3.2, 4 and 5. A district that distributes or sells groundwater is a private water company only for purposes of title 45, chapters 2 and 3.1. Except as otherwise provided in this section, a district is considered to be a municipal corporation and political subdivision of this state, separate and apart from the municipality or county. Under no circumstances may the amount of indebtedness evidenced by general obligation bonds issued pursuant to section 48-719 and revenue bonds issued pursuant to section 48-720 exceed the estimated cost of the public infrastructure improvements plus all costs connected with the public infrastructure purposes and issuance and sale of bonds, including, without limitation, credit enhancement and liquidity support fees and costs. The total aggregate outstanding amount of bonds and any other indebtedness for which the full faith and credit of the district are pledged shall not exceed sixty percent of the aggregate of the estimated market value of the real property and improvements in the district after the public infrastructure of the district is completed plus the value of the public infrastructure owned or to be acquired by the district with the proceeds of the bonds.

C. On formation of the district, the district board shall make a good faith effort to implement the general plan for the public infrastructure of the district and any development agreement entered into pursuant to Section 9-500.05 or 11-1101, as applicable, between the governing body and owners of land in the district. The district board shall be considered a party to that agreement.

D. For districts approved after August 9, 2017, the district board shall require that a seller of a property in the district who is otherwise required to obtain a subdivision public report as prescribed by section 32-2183 disclose to a prospective purchaser the existence of the district, the purpose for which the district was formed as set forth in the resolution adopted by the governing body, the estimated tax rate and the estimated annual tax amount that is based on applying that tax rate to a hypothetical residential property value.

E. Fees and other charges assessed by a municipality or county in connection with the submission and consideration of an application to form a district shall not exceed $15,000. If an application is denied by the governing body, the municipality or county may not assess a fee or other charge in connection with the submission and consideration of a substantially similar application that is submitted within one year following the denial. Fees and other charges assessed by a municipality, county or district in connection with the administration of a district, including the issuance and sale of bonds, shall not exceed the actual expense incurred by the municipality, county or district for staff and consultant services and support facilities supplied by the municipality, county or district or the financial, legal and administrative costs of the district that are not reimbursed from proceeds of the bonds or other district revenue. Any fees or other charges paid by the applicant before formation of the district that exceed the actual costs of forming the district shall be transferred by the municipality or county to the district and the district shall use the transferred monies solely to support the formation or administration of the district, including the issuance and sale of bonds.