A. For districts that are formed after August 9, 2017 and for which the district board consists of the governing body of the municipality or county, ex officio, with two additional district board members who were initially designated by an owner who owned the largest amount of privately owned acreage in the district at formation and who were appointed by the governing body, all of the following apply:

Terms Used In Arizona Laws 48-729

  • 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.
  • 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
  • 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
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

1. At any time after receipt of a petition signed by the owners of a majority of the privately owned real property within the boundaries of the district as measured by square footage or acreage, the district board may adopt a resolution to reconcile the district board composition by permanently removing from the district board the two additional appointed district board members and their positions on the district board.

2. On removal of the two additional district board members and their positions as prescribed in paragraph 1 of this section, the district shall be governed by a district board that consists of the governing body of the municipality or county, ex officio.

3. At any time after receipt of a petition signed by the owners of a majority of the privately owned real property within the boundaries of the district as measured by square footage or acreage, the district board may adopt a resolution that provides that the two additional appointed district board member positions shall permanently be advisory nonvoting members of the district board following adoption of the resolution. Conversion of the two additional appointed district board member positions to advisory nonvoting district board member positions does not preclude any subsequent district board reconciliation as prescribed in paragraphs 1 and 2 of this subsection. The petition prescribed in this paragraph may be presented to the governing body of the municipality or county before formation of the district, and if so presented, the resolution ordering formation of the district adopted by the governing body may state that the two additional appointed district board member positions shall permanently be advisory nonvoting members of the district board.

B. The conversion of the two additional appointed district board member positions to permanently be advisory nonvoting district board member positions as prescribed by subsection A, paragraph 3 of this section or the reconciliation to permanently remove the two additional appointed district board members as prescribed by subsection A, paragraphs 1 and 2 of this section does not affect the validity of the formation of the district or the validity of district board actions before the conversion or reconciliation of the district board.

  Previous section
Next section  
 Article 6 Contents