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Date posted: 5/30/13 Time posted: 5:00 PM
z:\council packets\2013\r130606\cmd\130606cmda.docx Last printed 5/3/2013 8:32 AM
NOTICE OF SPECIAL SESSION OF
THE COTTONWOOD
MAINTENANCE DISTRICT BOARD
WHEN: THURSDAY, JUNE 6, 2013
TIME: IMMEDIATELY FOLLOWING THE 6:25 P.M. EAGLE MOUNTAIN
COMMUNITY FACILITIES DISTRICT BOARD MEETING, AND PRIOR TO
THE REGULAR MEETING OF THE TOWN OF FOUNTAIN HILLS TOWN
COUNCIL
WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwood Maintenance District and
to the general public that the District Board of the Cottonwood Maintenance District will hold a special session open to the public, which
will begin immediately after the 6:25 P.M. Eagle Mountain Facilities District Board Meeting and prior to the June 6, 2013 Fountain Hills
Town Council Regular meeting.
Members of the Cottonwood Maintenance District Board will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Board meeting.
“Notice is hereby given that pursuant to A.R.S. §1 -602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the District
Board are audio and/or video recorded, and, as a result, proceedings in which children are present may be subject to such recording.
Parents in order to exercise their rights may either file written consent with the District Clerk to such recording, or take personal action to
ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the
District Board will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.”
AGENDA
CALLED TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such
comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restrictions. The
Directors will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed
for discussion and legal action. At the conclusion of the “Call to the Public”, individual Directors may (i) respond to criticism,
(ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda.
1. CONSIDERATION of approving the Cottonwood Maintenance District Board MEETING MINUTES of
May 16, 2013.
2. PUBLIC HEARING regarding RESOLUTION CMD 2013-02, approving the estimates of expenses,
assessments, and the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning
July 1, 2013, and ending June 30, 2014.
3. CONSIDERATION of RESOLUTION CMD 2013-02, approving the Tentative Budget of the District for
the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, and setting a hearing date for the
budget and annual assessments.
4. ADJOURNMENT.
DATED this 30th day of May 2013.
Bevelyn J. Bender, District Clerk
The Cottonwood Maintenance District, in cooperation with the Town of Fountain Hills endeavors to make all public meetings accessible to persons with
disabilities. Please call 480-816-5100 voice or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate
in this meeting. Supporting documentation and staff reports furnished with this agenda are available for review in the Clerk ’s office and on the Town’s
website [www.fh.az.gov].
Date posted: 5/30/13 Time posted: 5:00 PM
z:\council packets\2013\r130606\cmd\130606cmda.docx Last printed 5/3/2013 8:32 AM
NOTICE OF SPECIAL SESSION OF
THE COTTONWOOD
MAINTENANCE DISTRICT BOARD
WHEN: THURSDAY, JUNE 6, 2013
TIME: IMMEDIATELY FOLLOWING THE 6:25 P.M. EAGLE MOUNTAIN
COMMUNITY FACILITIES DISTRICT BOARD MEETING, AND PRIOR TO
THE REGULAR MEETING OF THE TOWN OF FOUNTAIN HILLS TOWN
COUNCIL
WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwood Maintenance District and
to the general public that the District Board of the Cottonwood Maintenance District will hold a special session open to the public, which
will begin immediately after the 6:25 P.M. Eagle Mountain Facilities District Board Meeting and prior to the June 6, 2013 Fountain Hills
Town Council Regular meeting.
Members of the Cottonwood Maintenance District Board will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Board meeting.
“Notice is hereby given that pursuant to A.R.S. §1 -602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the District
Board are audio and/or video recorded, and, as a result, proceedings in which children are present may be subject to such recording.
Parents in order to exercise their rights may either file written consent with the District Clerk to such recording, or take personal action to
ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the
District Board will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.”
AGENDA
CALLED TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such
comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restrictions. The
Directors will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed
for discussion and legal action. At the conclusion of the “Call to the Public”, individual Directors may (i) respond to criticism,
(ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda.
1. CONSIDERATION of approving the Cottonwood Maintenance District Board MEETING MINUTES of
May 16, 2013.
2. PUBLIC HEARING regarding RESOLUTION CMD 2013-02, approving the estimates of expenses,
assessments, and the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning
July 1, 2013, and ending June 30, 2014.
3. CONSIDERATION of RESOLUTION CMD 2013-02, approving the Tentative Budget of the District for
the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, and setting a hearing date for the
budget and annual assessments.
4. ADJOURNMENT.
DATED this 30th day of May 2013.
Bevelyn J. Bender, District Clerk
The Cottonwood Maintenance District, in cooperation with the Town of Fountain Hills endeavors to make all public meetings accessible to persons with
disabilities. Please call 480-816-5100 voice or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate
in this meeting. Supporting documentation and staff reports furnished with this agenda are available for review in the Clerk ’s office and on the Town’s
website [www.fh.az.gov].
1952342.2
RESOLUTION CMD 2013-02
A RESOLUTION OF THE BOARD OF THE COTTONWOODS
MAINTENANCE DISTRICT APPROVING THE FINAL BUDGET OF THE
DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2013 AND
ENDING JUNE 30, 2014.
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, Maricopa County, Arizona, (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 final 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 6, 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, Maricopa County, Arizona, 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.
1952342.2 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 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. 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, on June 6, 2013.
Linda M. Kavanagh, District Chairperson
ATTEST:
Bevelyn J. Bender, District Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, District Counsel
1952342.2
EXHIBIT A
TO
RESOLUTION CMD 2013-02
[Final Budget]
See following page.
1952342.2
COTTONWOODS MAINTENANCE DISTRICT
FINAL BUDGET
FISCAL YEAR 2013-2014
For the Year Ended
Revenues 30-Jun-14
Tax Levy at $83.15 per Property Owner $4,823
TOTAL $4,823
Expenses
Annual Landscape Maintenance Cost $3,500
Annual Reserve for Exterior Wall Maintenance $1,073
Reserve Fund $250
TOTAL $4,823