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HomeMy WebLinkAboutRes CMD2023-02RESOLUTION CMD 2023-02 A RESOLUTION OF THE BOARD OF THE COTTONWOODS MAINTENANCE DISTRICT, MARICOPA COUNTY, ARIZONA, APPROVING THE FINAL BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2023 AND ENDING JUNE 30, 2024 RECITALS: WHEREAS, the provisions of ARIz. REv. STAT. §§ 48-574 and 48-575 allow for the assessment of maintenance charges upon the lots and parcels within an improvement district and for such assessments to be collected in the manner and by the officers provided by law for the collection and enforcement of general taxes; and WHEREAS, pursuant to ARIz. REv. STAT. §§ 48-574(E) and 48-575(E), on May 2, 2023, the Board of Directors of the Cottonwoods Maintenance District (the "Board") approved Resolution CMD 2023-01, which (i) adopted the statements and schedules attached as Exhibit A and incorporated herein by this reference as the tentative budget for the Cottonwoods Maintenance District, Maricopa County, Arizona, (the "District") for the fiscal year 2023-24 and (ii) authorized and directed the District Clerk to cause to be (a) mailed to the governing body of the Town of Fountain Hills and all persons owning real property within the District and (b) published in a manner prescribed by law, a notice that the Board would meet on June 6, 2023, for the purpose of conducting a final hearing for District taxpayers on the statements and estimates of the District expenditures filed with the District Clerk; and WHEREAS, proper notice was given by (i) publication in the Fountain Hills Times on May 10, 2023, and May 17, 2023, and (ii) first class mail to all persons owning real property in the District on May 3, 2023; and WHEREAS, on June 6, 2023, the Board held a public hearing to allow taxpayers of the District to voice their comments in favor of or against any proposed expenditures and assessments; and WHEREAS, any person owning real property affected by the assessment who had any objection to the legality of the assessment or to any of the previous proceedings connected therewith was given the opportunity to appear before the Board at the hearing to present any further objections. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COTTONWOODS MAINTENANCE DISTRICT, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Board has heard all objections and has determined that (i) such objections do not provide a basis for a modification of the statements and schedules attached hereto as Exhibit A and (ii) any informalities or irregularities which may have occurred in the adoption process for the District budget have been properly remedied. RESOLUTION 2023-02 PAGE 2 SECTION 3. The statements and schedules attached hereto as Exhibit A and incorporated herein by this reference, are hereby approved for the purpose as hereinafter set forth as the final budget for the District for the fiscal year 2023-24. The statements and estimates of the operation and maintenance expenses of the District, the costs of capital improvements, and other expenditures for public infrastructure of the District are hereby filed with the District Clerk. SECTION 4. The District Chairperson, the District Clerk, and the District Counsel are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance District, Maricopa County, Arizona, June 6, 2023. Ginn ckey, District Cttrperson ATTEST: Linda N(endenhall, District Clerk APPROVED AS TO FORM: Aaron D. Arnson, Pierce Colman PLLC District Counsel EXHIBIT A TO RESOLUTION CMD 2023-02 [Final Budget] COTTONWOODS MAINTENANCE DISTRICT PROPOSED BUDGET FISCAL YEAR 2023-2024 For the Fiscal Year Ended Revenues June 30, 2024 Tax Levy at $168.42 per property owner $ 9,768 TOTAL $ 9,768 Expenses Annual Landscape Maintenance Cost Annual Reserve for Exterior Wall Maintenance Reserve Fund Postage Advertising Administrative Fee (10%) Contingency (from Reserve if needed) TOTAL 7,300 1,280 50 250 888 5,000 14.768