MARICOPA COUNTY - BOS POLICY RE NO CFD FORMATION (50812335V2).PDF

MARICOPA COUNTY, ARIZONA, BOARD OF SUPERVISORS
POLICY OPPOSING THE FORMATION OF
COMMUNITY FACILITIES DISTRICTS
IN UNINCORPORATED MARICOPA COUNTY, ARIZONA
The Arizona Community Facilities District Act (the “Act”), enacted by the
Arizona Legislature in 1988, as amended, provides for the potential formation of a community
facilities district (a “CFD”) within the boundaries of Maricopa County, Arizona (the
“County”).
A CFD provides a funding mechanism to finance construction, acquisition, operation,
and maintenance of public infrastructure. Recognizing a CFD is a statutory special taxing
district with taxing, borrowing and, as applicable, foreclosure powers that potentially has a
perpetual existence, the Board of Supervisors of the County (the “County Board”), after careful
consideration, previously adopted a Policy Resolution on November 6, 2006 (the “2006 Policy
Resolution”) opposing the formation of any CFD in unincorporated areas within the
boundaries of the County. A copy of the 2006 Policy Resolution is attached hereto for
reference.
In light of amendments to the Act enacted by the Arizona Legislature in 2017 and 2018,
and in order to assist the County Board in responding to any application to establish a CFD in
unincorporated areas within the County, the County Board has supplemented the 2006 Policy
Resolution by adopting this Policy Opposing the Formation of Community Facilities Districts
in Unincorporated Maricopa County, Arizona (together with the 2006 Policy Resolution,
collectively, this “Policy”).
ARTICLE 1
General Policy: No Formation of a CFD in Unincorporated Areas of the County
1.1 Although applications for CFD formation will be accepted and processed in
accordance with the Act and County requirements, the County Board will not approve the
formation of any CFD in the unincorporated areas of the County.
1.2 The County Board may post this Policy on its website and may distribute a copy
of this Policy to any potential applicants interested in the formation of a CFD.
1.3 An application for formation of a CFD submitted to the County Board for
consideration shall comply with the requirements of a completed application described in
Section 48-702(D).
1.4 Pursuant to Section 48-708(E) of the Act, the County may charge a fee not
exceeding $15,000 related to consideration of a completed application to form a CFD.
Following the denial of an application by the County Board as described herein, the County
1
50812335.2

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.
1.5 Within sixty (60) days of the County’s receipt of a completed application to
form a CFD, the County Board shall, pursuant to Section 48-702(B) of the Act, hold a public
hearing regarding the application for formation of the CFD. During the hearing, the County
Board shall state the County has a longstanding policy opposing the formation of any CFD in
unincorporated County, and therefore the County Board will deny the application and will not
adopt a resolution declaring the County Board’s intention to form a CFD.
1.6 After completion of the public hearing, in accordance with Section 48-702(B)
of the Act, the County Board will provide a written basis for not adopting a resolution
declaring the County Board’s intention to form a CFD to the applicant stating 1) the County
opposes formation of any CFD in unincorporated areas of the County, and 2) there are no
specific changes the applicant could make for the application to be approved.
Bill Gates
Chairman, Board of Supervisors
Attest:
Fran McCarroll
Clerk of the Board of Supervisors
Approved as to form:
__________________________________
Deputy County Attorney
2
50812335.2

Policy Resolution of the Maricopa County Board of Supervisors Opposing the Use of
Community Facilities Districts in Unincorporated Maricopa County
dated November 6, 2006
(Attached)
2006 Policy Resolution
50812335.2

POLICY RESOLUTION
Of the Maricopa County Board of Supervisors
Opposing the Use of Community Facilities Districts in
Unincorporated Maricopa County
C. 144. 07.007. 0
WHEREAS, Arizona Revised Statutes direct Maricopa County to prepare a
comprehensive plan for its area of jurisdiction for the purpose of
bringing about coordinated physical development in accordance with
the present and future needs of the county. The comprehensive plan
shall be developed to ensure efficient expenditure of public funds, and
to promote the health, safety, convenience, and general welfare of the
public; and
WHEREAS, Maricopa County's Comprehensive Plan is intended to
accommodate growth and economic prosperity in a careful and
sensible manner, to enhance the high quality of life in Maricopa
County, and to facilitate development in a coordinated and harmonious
fashion; and
WHEREAS, this Board acknowledges its responsibility to promote land
development patterns and development standards that mitigate
potentially adverse impacts to Maricopa County and its citizens; and
WHEREAS, growth in accordance with careful planning can result in a stronger
economy, more efficient use of services and infrastructure, compatible
development patterns, and an improved quality of life; and
WHEREAS, consideration of development issues requires a broad regional
perspective to ensure coordinated development and to preserve the
quality of life in Maricopa County; and
WHEREAS, this Board seeks to establish an efficient and cost effective
government framework to accomplish the foregoing with well designed
processes and conscientious consideration of Maricopa County
citizens; and
WHEREAS, given this direction and guidance by the Maricopa County
Comprehensive Plan, this Board has carefully and thoroughly
considered and analyzed the possible implications of the use of
community facilities districts in unincorporated Maricopa County; and
WHEREAS, after completing this careful and thorough analysis this Board has
determined that the use of community facilities districts in
unincorporated Maricopa County is not in the best interest of Maricopa
County or its citizens.
1

NOW, THEREFORE, BE IT RESOLVED that as a matter of policy the Maricopa
County Board of Supervisors does not support the use of community facilities
districts in unincorporated Maricopa County, and that such districts should not be
created for any purpose in unincorporated Maricopa County.
Passed and adopted by the Maricopa County Board of Supervisors this 6th day
of November, 2006.
Don Staplgy
Chairman, Board of Supervisors
Atte
\FrarriMcCarroll
Clerk of the Board of Supervisors
Recommended for Approval:
Rioh, Director
Planning and Development Department
2