FCD RESOLUTION DELEGATING SETTLEMENT TO C EGR.DOCX.DOCX

RESOLUTION
C-19-24-015-X-00
RESOLUTION OF DELEGATION OF AUTHORITY
TO COMPROMISE CLAIMS
BY THE MARICOPA COUNTY FLOOD CONTROL DISTRICT
WHEREAS, the Board of Directors of the Maricopa County Flood Control District (District) 
has organized and staffed the District for the purpose of administering and enforcing the
Flood Control Regulations for Maricopa County (Regulations) within the District’s 
jurisdiction; and,
WHEREAS, the primary goal of any enforcement action by the District is to bring the 
violating property into compliance with the Regulations; and,
WHEREAS, in connection with the enforcement of the Regulations, the District is 
authorized to administer a civil hearing process that often results in the issuance of orders 
for payment of penalties to the District by violators of the Regulations; and,
WHEREAS, the Board of Directors finds that it is often necessary to compromise the 
amount of money owed to the District as the result of a violation of the Regulations in 
order to allow the violator to bring the violating property into compliance with the 
Regulations; and
WHEREAS, pursuant to A.R.S. §§ 48-3603 (B) and (C)(22), the Board desires to delegate 
and empower the chief engineer, or the chief engineer’s designees, with certain duties, 
powers and authority, all as more fully set forth below, in furtherance of expediting the 
process of making properties that are out of compliance with the Regulations comply with 
the Regulations.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby delegates to 
the chief engineer, or the chief engineer’s designees, all necessary legal authority to 
resolve any violation matters that are not in litigation, and to compromise the amount of 
any civil penalty imposed for such violation of the Regulations, provided the amount of 
accumulated civil penalty owed to the District  is not in excess of one hundred thousand 
($100,000.00) dollars for any one claim, and it is;
FURTHER RESOLVED that nothing in this Resolution shall be construed as a delegation 
of the authority of the Board of Directors to initiate or manage any litigation that has been 
filed in superior court or the federal district court, including the settlement thereof, whether 
the District be named as plaintiff or defendant, and it is;
FURTHER RESOLVED that the Director of the District provide to the Board of Directors, 
on a monthly basis, a detailed list of each claim that was referred to litigation or 
compromised or settled pursuant to the authority granted by this Resolution.

ADOPTED by the Flood Control District of Maricopa County Board of Directors, this ____ 
day of _________ 2023.
___________________
Clint Hickman, Chairman
Attest:
___________________________
Juanita Garza, Clerk of the Board
___________________________
District General Counsel
Date