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HomeMy WebLinkAboutCMD 2010-03RESOLUTION CMD NO. 2010 -03 A RESOLUTION OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD, MARICOPA COUNTY, ARIZONA, 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 THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2011. 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 -575, on June 3, 2010, the Cottonwoods Maintenance District (the "District ") Board adopted Resolution CMD No. 2010 -01, approving the Tentative Budget for the District for fiscal years 2010 -11 and setting a hearing date on the annual assessments; and WHEREAS, proper notice was given by (i) publication in the Fountain Hills Times on June 9, 2010, and June 16, 2010, and (ii) first class mail to all persons owning real property in the District, and a public hearing was held on June 17, 2010, at which hearing any taxpayer was privileged to appear and be heard in favor of or against the proposed assessment and the District Board adopted the annual budget for the District. NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRMAN AND BOARD 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. There is hereby levied on each lot and tax parcel listed ,in the attached Exhibit A, incorporated herein by this reference, within the limits of the District the amount listed on such Exhibit A, which amount is sufficient to raise the aggregate amount of $3,315.00 for the purpose of providing maintenance for certain pedestrian areas, parking and parkways for the fiscal year ending June 30, 2011. SECTION 3. Failure by the county 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 1252450.1 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 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed. SECTION 5. 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 G. 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 Cottonwoods Maintenance District, Maricopa County, Arizona, August 5, 2010. y . Schlum, District Chairman ATTEST: APPROVED AS TO FORM: 0'vAA. Of Andrew. McGuire, Dis rict Counsel 1_,24,01 EXHIBIT A TO RESOLUTION CMD NO. 2010-03 [Lot and Tax Parcel List] See following page. 1252450.1 Lot No. Tax Parcel No. Amount to Lot No. Tax Parcel No. Amount to be Levied* be Levied* 1 176 -03 -923 $57.15 42 176 -03 -964 $57.15 2 176 -03 -924 $57.15 43 176 -03 -965 $57.15 3 176 -03 -925 $57.15 44 176 -03 -966 $57.15 4 176 -03 -926 $57.15 45 176 -03 -967 $57.15 5 176 -03 -927 $57.15 46 176 -03 -968 $57.15 6 176 -03 -928 $57.15 47 176 -03 -969 $57.15 7 176 -03 -929 $57.15 48 176 -03 -970 $57.15 8 176 -03 -930 $57.15 49 176 -03 -971 $57.15 9 176 -03 -931 $57.15 50 176 -03 -972 $57.15 10 176 -03 -932 $57.15 51 176 -03 -973 $57.15 11 176 -03 -933 $57.15 52 176 -03 -974 $57.15 12 176 -03 -934 $57.15 53 176 -03 -975 $57.15 13 176 -03 -935 $57.15 54 176 -03 -976 $57.15 14 176 -03 -936 $57.15 55 176 -03 -977 $57.15 15 176 -03 -937 $57.15 56 176 -03 -978 $57.15 16 176 -03 -938 $57.15 57 176 -03 -979 $57.15 17 176 -03 -939 $57.15 58 176 -03 -980 $57.15 18 176 -03 -940 $57.15 19 176 -03 -941 $57.15 20 176 -03 -942 $57.15 21 176 -03 -943 $57.15 22 176 -03 -944 $57.15 23 176 -03 -945 $57.15 24 176 -03 -946 $57.15 25 176 -03 -947 $57.15 26 176 -03 -948 $57.15 27 176 -03 -949 $57.15 28 176 -03 -950 $57.15 29 176 -03 -952 $57.15 30 176 -03 -953 $57.15 31 176 -03 -953 $57.15 32 176 -03 -954 $57.15 33 176 -03 -955 $57.15 34 176 -03 -956 $57.15 35 176 -03 -957 $57.15 36 176 -03 -958 $57.15 37 176 -03 -959 $57.15 38 176 -03 -960 $57.15 39 176 -03 -961 $57.15 40 176 -03 -962 $57.15 41 176 -03 -963 $57.15 *such sum may be paid in two installments, along with such parcel's other taxes 125_450.1