Title
Resolution of Intent and Resolution Ordering Formation of Community Facilities District at Park Central Mall (Resolution 21669)
Description
Resolution declaring the intent to form and ordering formation of the Park Central Mall Community Facilities District of the City of Phoenix (CFD or District) pursuant to Arizona Revised Statutes, title 48, chapter 4, article 6 (A.R.S. Sections 48-701 to 48-724).
Report
Summary
Pursuant to A.R.S., title 48, chapter 4, article 6, the City is authorized to form a CFD within its corporate boundaries. A.R.S. 48-702 provides that after the filing with the clerk of the municipality a general plan for the CFD outlining a general description of public infrastructure improvements for which the district is proposed to be formed and the general areas to be improved, the City Council may adopt a resolution declaring its intention to form the district on a 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. A.R.S. 48-707(F) provides, that, on receipt of a petition signed by owners of all of the land in the proposed district and approval to form by the municipality, the municipality may declare the district formed and waive compliance with the provisions of the Act for posting, publication, mailing, notice, hearing or election.
On Aug. 15, 2018, HPPC, LLC and Holualoa 157, LLC (Applicant), submitted an application requesting formation of the Park Central Mall CFD, along with a petition that Applicant certifies has been signed by 100 percent of the property owners within the proposed district boundaries, and a proposed general plan for the CFD. The complete application is on file with the Planning and Development Department, the petition is attached as Attachment A, and the proposed boundaries of the CFD are attached as Attachment B. The City's Chief Financial Officer has deemed the application complete and staff has analyzed the application. Staff has determined that the proposed CFD, under the terms and conditions of the proposed development agreement and inter-governmental agreement recommended for Council approval at the Aug. 29, 2018 Formal meeting (Legislative File 18-2489), is financially viable and complies with the City’s policy for formation of community facilities districts. Staff recommends proceeding with the formation of the CFD. If formed, the CFD may not meet or take any action unless and until sufficient insurance, including Director’s and Officer’s insurance, is obtained by the CFD and approved by the City’s Chief Financial Officer.
Concurrence/Previous Council Action
City Council authorized the City Manager to participate in an application for the establishment of a CFD at Park Central Mall at its formal meeting on May 16, 2018 (S-44626).
Public Outreach
A.R.S. 48-707(F) provides, that, on receipt of a petition signed by owners of all of the land in the district described and approved by the municipality, the municipality may declare the district formed and waive compliance with the provisions of the Act for posting, publication, mailing, notice, hearing or election. On Aug. 15, 2018, the Applicant submitted a petition signed by owners of all of the land in the district described on Attachment B.
Location
The CFD is located on the Park Central Mall site generally bounded by Osborn Road to the north, Central Avenue to the east, Catalina Drive to the south and 3rd Avenue on the west.
Council District: 4
Department
Responsible Department
This item is submitted by City Manager Ed Zuercher, Deputy City Managers Deanna Jonovich and Mario Paniagua and the Finance, Community and Economic Development, and Planning and Development departments.