Arizona Laws 48-711. Records; district board; terms; vacancies; open meetings
A. The district shall keep the following records that shall be open to public inspection:
Terms Used In Arizona Laws 48-711
- 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
- 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
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Treasurer: includes any person or official who performs the duties of treasurer of the municipality or county or any person appointed by the district board as the district treasurer pursuant to section 48-711. See Arizona Laws 48-701
1. Minutes of all meetings of the district board.
2. All resolutions.
3. Accounts showing all monies received and disbursed.
4. The annual budget.
5. All other records required to be maintained by law.
B. If the resolution ordering formation of the district provides that the district will be governed by a district board that consists of five directors who are appointed by the governing body, all of the following apply:
1. Each appointed director shall serve for a term of six years, except that two directors initially appointed by the governing body in the resolution shall serve for a term of four years.
2. The resolution shall state which directors shall serve four-year terms and which shall serve six-year terms.
3. On the expiration of the term of an appointed director, the governing body shall appoint a person to fill the position.
4. If a vacancy occurs on the district board because of death, resignation or inability of the director to discharge the duties of director, the vacancy shall be filled by appointment made by the governing body.
C. If the resolution ordering formation of the district provides that the district will be governed by a district board that consists of the members of the governing body, ex officio, with two additional members who are initially designated by the owner who owns the largest amount of privately owned acreage in the district and who are appointed by the governing body, all of the following apply:
1. Each of the additional appointed district board members shall serve for a term of six years.
2. On the expiration of the term of an additional appointed district board member, the governing body shall appoint a person according to the process for designating a district board member for a term of office as prescribed in the application for formation of the district submitted pursuant to section 48-702, or if no process is prescribed in the application for formation, the owner who owns the largest amount of privately owned acreage in the district at the time the term expires shall designate a person to fill the position and the governing body shall appoint that person to fill the position.
3. If a vacancy occurs on a district board because of death, resignation or inability of either of the additional appointed members to discharge the duties of an additional district board member, the governing body shall appoint a person according to the process for designating a person to fill a vacancy on the district board as prescribed in the application for formation of the district submitted pursuant to section 48-702, or if no process for filling a vacancy is prescribed in the application for formation, the vacancy shall be filled by a person who is designated by the owner who owns the largest amount of privately owned acreage in the district at the time of the vacancy and who is appointed by the governing body to fill the vacancy.
D. A district board member appointed by the governing body to fill a vacancy on the district board shall hold office for the remainder of the unexpired term until that district board member’s successor is appointed.
E. An appointed district board member shall not be a landowner owning more than forty acres in the district, an elected official of the municipality or county or an employee or agent of the landowner or municipality or county but may be a district board member of more than one district.
F. The members of the governing body of the municipality or county are not eligible to receive compensation for their services as members of the district board.
G. The district board shall comply with Title 38, Chapter 3, Article 3.1 as a separate political subdivision, and the members of the district board are deemed public officers for the purposes of and shall comply with Title 38, Chapter 3, Article 8.
H. The district manager, clerk and treasurer shall be the manager, clerk and treasurer of the municipality or county, respectively, unless the district board appoints a district manager, clerk and treasurer.