48-702. Resolution declaring intention to form district

A. If the public convenience and necessity require, and on presentation of a petition signed by the owners of at least twenty-five percent of the land area proposed to be included in the district, the governing body may adopt a resolution declaring its intention to form a community facilities district that shall include contiguous or noncontiguous property that is wholly within the corporate boundaries of the municipality or county.

B. On presentation of a petition signed by the owners of at least twenty-five percent of the land area proposed to be included in the district and a completed application for formation of a district by an individual or entity, the governing body of a municipality or county within sixty days after submission of the completed application shall hold a public hearing to consider the application for formation of the district. Immediately after completion of the hearing, the governing body may adopt a resolution declaring its intention to form a community facilities district that shall include contiguous or noncontiguous property that is wholly within the corporate boundaries of the municipality or county. If the governing body does not adopt a resolution declaring its intention to form a district, the governing body shall provide a written basis for not adopting the resolution and shall identify the specific changes needed for the application to be approved. This subsection does not create a presumption of district formation.

C. The resolution adopted by the governing body shall state the following:

1. The area or areas to be included in the district.

2. The purposes for which the district is to be formed.

3. That a general plan for the district is on file with the clerk.

4. The date, time and place of the hearing to be held on the formation of the district.

5. The place where written objections to the formation of the district may be filed.

6. That formation of the district may result in the levy of taxes to pay the costs of improvements constructed by the district and for their operation and maintenance.

7. A reference to this article.

8. Whether 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 proposed district and who are appointed by the governing body, or, at the option of the governing body, five directors appointed by the governing body. The applicant for formation of the district shall provide in the application a process for the designation of the two additional district board members, if applicable, on completion of the development of all of the property in the district, as certified by the applicant or its successors, and may provide for the designation of board members on expiration of the term of additional district board members and for the designation of a board member if a vacancy occurs on the district board because of the death, resignation or inability to discharge the duties of director of an additional district board member.

D. A completed application shall include at least the following information:

1. A petition signed by the owners of at least twenty-five percent of the land to be included in the district.

2. A description of the applicant, including the corporate and organizational structure of the entity or individual making the application, the names of all officers and corporate directors directly related to or associated with the proposed district, the name, address and telephone number of the primary contact for the applicant, the names of any legal representatives, engineers, architects, financial consultants or other consultants significantly involved in the application and a general description of the applicant's experience with similar types of developments.

3. A general plan setting out a general description of the public infrastructure for which the district is proposed to be formed, the general areas to be improved and the estimated costs of construction or acquisition of the public infrastructure to be financed, constructed or acquired by the district.

4. A preliminary financing plan that includes the sources and uses of monies for the public improvements.

E. In reviewing an application for formation of a district in a county, the governing body of the county may consider the district's proximity to a city or town, its inclusion in a metropolitan planning area or county growth area, the availability and capacity of utilities and public infrastructure, including the transportation network, law enforcement services, current levels of other public services and the terms of existing zoning, development agreements and capital improvement plans.