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Home My WebLink AboutCMD2013-03RESOLUTION CMD NO. 2013-03 A RESOLUTION OF THE BOARD OF THE COTTONWOODS MAINTENANCE DISTRICT APPROVING THE FINAL BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 11, 2013 AND ENDING JUNE 30,2014; AND ASSESSING UPON THE INDIVIDUAL LOTS AND PARCELS WITHIN THE DISTRICT A CERTAIN SUM SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR MAINTENANCE OF CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS, ALL FOR SUCH FISCAL YEAR. 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 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 16, 2013 the Board of Directors of the Cottonwoods Maintenance District (the "Board ") approved Resolution CMD 2013 -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 (the "District ") for the fiscal year 2013 -14 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 for the purpose of conducting a hearing for District taxpayers on the statements and schedules of the District expenditures filed with the District Clerk on June 6, 2013; and WHEREAS, proper notice was given by (i) publication in the Fountain Hills Times on May 22, 2013, and May 29, 2013, and (ii) first class mail to all persons owning real property in- the District on May 16, 2013; and WHEREAS, on June 20, 2013, 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. 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. 1966857.1 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. 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 Cottonwoods Maintenance District, Maricopa County, Arizona, for the fiscal year 2013 -14. 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. There is hereby levied on each lot and tax parcel listed in the attached Exhibit B, incorporated herein by this reference, within the limits of the District the amount listed on Exhibit B, which amount is sufficient to raise the aggregate amount of $4,823.00 for the purpose of providing maintenance for certain pedestrian areas, parking and parkways for the fiscal year ending June 30, 2014. SECTION 5. Failure by the officials of Maricopa County, Arizona, to properly return the delinquent list, any irregularity in 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 or of the judgment of sale by which the collection of the same may be enforced, shall not affect the lien of the District upon such property for the delinquent assessment unpaid thereon, and no overcharge as to part of the assessment or of costs shall invalidate any proceedings for the collection of assessments or the foreclosure; and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 6. All resolutions and parts of resolutions in conflict herewith are hereby repealed. SECTION 7. The District Clerk is hereby directed to transmit a certified copy of this resolution to the County Assessor and the Board of Supervisors of Maricopa County, Arizona. SECTION 8. If any provision of this Resolution is for any reason held by any court of competent jurisdiction to be unenforceable, such provision of 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 9. 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. 1966857.1 PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance District, Maricopa County, Arizona, on June 20, 2013. ATTEST: APPROVED AS TO FORM: re. District Counsel 1966857.1 d M. Kavanagh, District hairperson EXHIBIT A TO RESOLUTION CM NO. 2013-03 [Final Budget] See following page. 1966857.1 COTTONWOODS MAINTENANCE DISTRICT FINAL BUDGET FISCAL YEAR 2013 -2014 Revenues Tax Levy at $83.15 per Property Owner TOTAL Expenses Annual Landscape Maintenance Cost Annual Reserve for Exterior Wall Maintenance Reserve Fund TOTAL 1966857.1 For the Year Ended 30- Jun -14 $4,823 $3,500 $1,073 $250 EXHIBIT B TO RESOLUTION CMD NO. 2013-03 [Lot and Tax Parcel List] See following page. - 1466857.1 Lot No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 1966857.1 Tax Parcel No. 176 -03 -923 176 -03 -924 176 -03 -925 176 -03 -926 176 -03 -927 176 -03 -928 176 -03 -929 176 -03 -930 176 -03 -931 176 -03 -932 176 -03 -933 176 -03 -934 176 -03 -935 176 -03 -936 176 -03 -937 176 -03 -938 176 -03 -939 176 -03 -940 176 -03 -941 176 -03 -942 176 -03 -943 176 -03 -944 176 -03 -945 176 -03 -946 176 -03 -947 176 -03 -948 176 -03 -949 176 -03 -950 176 -03 -951 176 -03 -952 176 -03 -953 176 -03 -954 176 -03 -955 176 -03 -956 176 -03 -957 176 -03 -958 176 -03 -959 176 -03 -960 176 -03 -961 176 -03 -962 176 -03 -963 Amount to be Levied* $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 Lot No. Tax Parcel No. 42 176 -03 -964 43 176 -03 -965 44 176 -03 -966 45 176 -03 -967 46 176 -03 -968 47 176 -03 -969 48 176 -03 -970 49 176 -03 -971 50 176 -03 -972 51 176 -03 -973 52 176 -03 -974 53 176 -03 -975 54 176 -03 -976 55 176 -03 -977 56 176 -03 -978 57 176 -03 -979 58 176 -03 -980 *such sum may be paid in two installments, along with such parcel's other taxes Amount to be Levied* $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15