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Home My WebLink AboutAGENDApacket__06-16-20_0142_108 NOTICE OF MEETING EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT Board Chairman Ginny Dickey Board Vice Chairman Mike Scharnow Board Member Dennis Brown Board Member Sherry Leckrone Board Member Alan Magazin Board Member David Spelich Board Member Art Tolis TIME: 5:25 P.M. – REGULAR MEETING WHEN:TUESDAY, JUNE 16, 2020 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ REQUEST TO COMMENT The public is welcome to participate in meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the District Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Board. Verbal comments should be directed through the Presiding Officer and not to individual Boardmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the District Clerk prior to discussion, if possible. MEETING AGENDA 1.CALL TO ORDER 2.ROLL CALL 3.CONSIDERATION OF approving the minutes of the June 2, 2020, meeting of the Eagle Mountain Community Facilities District Board. 4.CONSIDERATION OF Resolution EMCFD 2020-03 levying upon the assessed valuation of the property within the District subject to ad valorem taxation, a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, specifically for the purpose of paying prinicpal and interest upon bonded indebtedness; all for the fiscal year beginning July 1, 2020, and ending June 30, 2021. 5.ADJOURNMENT CERTIFICATE OF POSTING OF NOTICE CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Eagle Mountain Community Facilities District with the Town Clerk. Dated this ______ day of ____________________, 2020. _____________________________________________ Elizabeth A. Burke, MMC, District Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Board with this agenda are available for review in the Clerk's Office. ITEM 3. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/16/2020 Meeting Type: Eagle Mountain CFD Agenda Type: Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Request to Eagle Mountain CFD (Agenda Language): CONSIDERATION OF approving the minutes of the June 2, 2020, meeting of the Eagle Mountain Community Facilities District Board. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the meeting of June 2, 2020. SUGGESTED MOTION MOVE to approve the minutes of the meeting of June 2, 2020. Attachments Minutes Form Review Form Started By: Elizabeth A. Burke Started On: 06/09/2020 11:33 AM Final Approval Date: 06/09/2020 MINUTES OF THE MEETING OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD HELD JUNE 2, 2020 1.CALL TO ORDER Chairman Dickey called to order the Meeting of the Eagle Mountain Community Facilities District Board held June 2, 2020, at 5:32 p.m. 2.ROLL CALL Present: Chairman Ginny Dickey; Vice Chairman Mike Scharnow; Member Art Tolis; Member Alan Magazine; Member David Spelich Absent: Member Dennis Brown; Member Sherry Leckrone Staff Present: District Manager Grady E. Miller; District Attorney Aaron D. Arnson; District Clerk Elizabeth A. Burke 3.CONSIDERATION OF approving the minutes of the May 5, 2020, meeting of the Eagle Mountain Community Facilities District Board. MOVED BY Vice Chairman Mike Scharnow, SECONDED BY Member Art Tolis to approve the minutes of the meeting of May 5, 2020. Vote: 5 - 0 - Unanimously 4.PUBLIC HEARING AND CONSIDERATION RESOLUTION EMCFD 2020-02, approving the Final Budget for the Eagle Mountain Community Facilities District for the fiscal year beginning July 1, 2020, and ending June 30, 2021. Chairman Dickey opened the Public Hearing. Mr. Miller noted that there is one more year left for the residents in this area. There being no public input, Chairman Dickey closed the Public Hearing. MOVED BY Vice Chairman Mike Scharnow, SECONDED BY Member Alan Magazine to adopt Resolution EMCFD Res 2020-02. Vote: 5 - 0 - Unanimously 5.ADJOURNMENT The Meeting of the Eagle Mountain Community Facilitities District Board held June 2, 2020, adjourned at 5:33 p.m. ____________________________ Ginny Dickey, District Chairman ATTEST AND PREPARED BY: ______________________________ Elizabeth A. Burke, District Clerk Meeting of June 2, 2020 Page 2 of 2 ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/16/2020 Meeting Type: Eagle Mountain CFD Agenda Type: Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Eagle Mountain CFD (Agenda Language): CONSIDERATION OF Resolution EMCFD 2020-03 levying upon the assessed valuation of the property within the District subject to ad valorem taxation, a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, specifically for the purpose of paying prinicpal and interest upon bonded indebtedness; all for the fiscal year beginning July 1, 2020, and ending June 30, 2021. Staff Summary (Background) The Eagle Mountain Community Facilities District was formed by the Town Council in FY95-96 for the purpose of constructing infrastructure in the Eagle Mountain subdivision. The Town Council serves as the governing Board for the District. The District issued bonds in 1996 to repay the costs associated with the infrastructure improvements. The annual expenditures for the District bonds are repaid from ad valorem taxes collected from the residents of the community. The 2020 assessed value for Eagle Mountain CFD is estimated to be $32,058,853. The FY 2020-21 debt service payment is $407,040. In addition to existing EMCFD fund balance, a tax levy of approximately $1.2189 per $100 of assessed valuation (compared to $1.3541 last year) will provide sufficient revenue for the annual debt payment and administrative costs. The bonds will be retired at the end of FY20-21. Related Ordinance, Policy or Guiding Principle A.R.S. § 48-716 and § 48-723 Risk Analysis If the Resolution is not approved, the debt service costs for the Eagle Mountain Community Facilities District will not be recovered for the fiscal year. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Adoption of Resolution EMCFD 2020-03 SUGGESTED MOTION MOVE to adopt Resolution EMCFD 2020-03 Fiscal Impact Fiscal Impact:$407,040 Budget Reference: Funding Source:EMCFD If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form:Yes Attachments RESEMCFD2020.03 FY21 Tax Levy Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 05/11/2020 11:46 AM Town Attorney Aaron D. Arnson 05/12/2020 04:39 PM Town Manager Grady E. Miller 05/19/2020 04:27 PM Form Started By: David Pock Started On: 05/07/2020 03:06 PM Final Approval Date: 05/19/2020 RESOLUTION EMCFD 2020-03 A RESOLUTION OF THE BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT, MARICOPA COUNTY, ARIZONA, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE DISTRICT SUBJECT TO AD VALOREM TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNTS ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, SPECIFICALLY FOR THE PURPOSE OF PAYING PRINCIPAL AND INTEREST UPON BONDED INDEBTEDNESS; ALL FOR FISCAL YEAR BEGINNING JULY 1, 2020, AND ENDING ON JUNE 30, 2021 RECITALS: WHEREAS, in accordance with ARIZ. REV. STAT. § 48-716 and following published notice, public hearings were conducted on May 5, 2020, and June 2, 2020, at which hearings any taxpayer was permitted to appear and be heard regarding the 2020-21 annual budget for the Eagle Mountain Community Facilities District, Maricopa County, Arizona (the “District”); WHEREAS, on June 2, 2020, the District Board adopted Resolution EMCFD 2020-02, approving the District’s annual budget; and WHEREAS, in accordance with ARIZ. REV. STAT. § 48-723, the District Board desires to levy such amounts as necessary for the District’s 2020-21 annual budget. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DISTRICT, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. There is hereby levied on each one hundred dollars ($100.00) of the assessed value of all taxable property, both real and personal, within the corporate limits of the District and not exempt from taxation, an ad valorem property tax rate of $1.2189, or such other rate as determined by the Maricopa County Treasurer, to be sufficient to raise the aggregate amount of $390,759, for the purpose of paying principal and interest on bonded indebtedness for the District for the fiscal year beginning July 1, 2020 and ending June 30, 2021. SECTION 3. Failure by the officials of Maricopa County, Arizona, to properly return the delinquent list, any irregularity in the assessments or omissions in the same, or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any title conveyed by any tax or foreclosure deed; failure or neglect of any officer or officers to timely perform any of the duties assigned to him or to them, shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment and levy of taxes or of the judgment or sale by which the collection of the same may be enforced or in any manner affect the lien of the District upon such property for the delinquent taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for collecting of taxes or the foreclosure, and all acts of officers de facto shall be valid as if performed by officers de jure. RESOLUTION EMCFD 2020-03 Page 2 SECTION 4. All resolutions and parts of resolutions in conflict with this Resolution are hereby repealed. SECTION 5. The District Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the Maricopa County Board of Supervisors and to the Arizona Department of Revenue. SECTION 6. If any provision of this Resolution is for any reason held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct, and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Resolution. SECTION 7. 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 Eagle Mountain Community Facilities District, Maricopa County, Arizona, this 16th day of June, 2020. Ginny Dickey, District Chairperson ATTEST: Elizabeth A. Burke, District Clerk APPROVED AS TO FORM: Aaron D. Arnson, Pierce Coleman PLLC District Counsel RESOLUTION EMCFD 2020-03 Page 3 CERTIFICATION I, Elizabeth A. Burke, the duly appointed Clerk of the Eagle Mountain Community Facilities District, do hereby certify that the above and foregoing Resolution No. 2020-03 was duly passed by the Chairperson and District Board of the Eagle Mountain Community Facilities District, at a regular meeting held on June 16, 2020, and the roll call of the vote thereon was Ayes and Nays and that the Chairperson and board members were present thereat. ____________________________________ Elizabeth A. Burke, District Clerk Eagle Mountain Community Facilities District