HomeMy WebLinkAboutEMCFD 2010-03RESOLUTION EMCFD NO. 2010 -03
A RESOLUTION OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES
DISTRICT BOARD LEVYING UPON THE ASSESSED VALUATION OF THE
PROPERTY WITHIN THE DISTRICT SUBJECT TO AD VALOREM
TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS
(S1OO.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
ENDING ON JUNE 30, 2011.
WHEREAS, in accordance with AW. REV. STAT. § 48 -723 and following published
notice, a public hearing was conducted on June 17, 2010, at which meeting (i) any taxpayer was
privileged to appear and be heard in favor of or against any of the proposed tax levies and (ii) the
Eagle Mountain Community Facilities District (the "District ") Board adopted the annual budget for
the District.
NOW THEREFORE, BE IT RESOLVED BY THE CHAIRMAN AND BOARD OF
THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT, MARICOPA COUNTY,
ARIZONA, as follows:
SECTION 1. The recitals above are hereby incorporated as if folly set forth herein.
SECTION 2. There is hereby levied on each one hundred dollars ($100.00) of the assessed
value of all taxable property, both real and personal, within the District and not exempt from
taxation, an ad valorem property tax rate of one dollar and twenty cents ($ 1.20), which amount is
sufficient to raise the aggregate amount of S397,000.00 for the purpose of paying principal and
interest on bond indebtedness for the District for the fiscal year ending June 30, 2011.
SECTION 3. No failure by the County Official of Maricopa County, Arizona, to properly
return the delinquent list and no irregularity in the assessment or omission in the same, or
irregularity of any kind in any proceedings shall invalidate such proceedings or invalidate any title
conveyed by any tax deed; nor shall any failure or neglect of any officer or officers to perforni any
of the duties assigned to him or to them on the day within time specified work an invalidation of any
proceedings or of any such deed or sale or affect 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.
SECTION 4. All resolutions and parts of resolutions in conflict with this Resolution are
hereby repealed.
SECTION 5. The District Clerk is hereby directed to transmit a certified copy of this
Resolution to the Board of Supervisors of Maricopa County, Arizona and to the Arizona
Department of Revenue.
1253403.1
SECTION 6. 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.
PASSED AND ADOPTED by the Chairman and Board of the Eagle Mountain Community
Facilities District, Maricopa County, Arizona, on August 5, 2010.
1 . Schlum, District Chairman
ATTEST:
APPROVED AS TO FORM:
0-�L
Andrew J. McGuire, District Counsel
1252405.1