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HomeMy WebLinkAboutRes 1995-11RESOLUTION NO.1995-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AUTHORIZING AND APPROVING A DISTRICT DEVELOPMENT,FINANCING PARTICIPATION AND INTERGOVERNMENTAL AGREEMENT (EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT) AND DECLARING AN EMERGENCY DRAFT 02/06/95 02/17/95 02/28/95 03/09/95 Final BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,as follows: 1.Findings. a.Bya resolution ofthe governing body ofthe Townof Fountain Hills,Arizona,an incorporated municipality of theStateof Arizona (hereinafter referred toasthe "Municipal ity"),adopted on February 16,1995,based upon a Petition for Adoption ofa Resolution Declaring Formation of Eagle Mountain Community Facilities District (hereinafter referred to as the "Petition"),signed by the entity which,on the date thereof and thedatehereof,wasandisthe owner ofallreal property as shown onthe assessment rollforStateand county taxesfor Maricopa County,Arizona,or,if such person shown on such assessment roll was no longer the owner of land in Eagle Mountain Community Facili ties District (hereinafter referred to as the "District"),was the entity which was the successor owner which became known and was verified by recorded deed or similar evidence of transfer of owner- Resolution No.1995-11 Njjjlgl/ shiptobetheownerofsuchreal property (hereinafter referred to asthe"Petitioner")described inthe Petition bymetesandbounds tobein the community facilities district,the formation of which was prayed forbythe Petitioner inthePetition,pursuant toTitle 48,Chapter 4,Article 6,Arizona Revised Statutes,as amended (hereinafter referredtoasthe "Act"),thePetitionwasgranted andthe District was formed asa district pursuant tothe terms and provisions of,andwiththepowersandauthorityestablished by, theAct,with jurisdiction over the "Property"(as such term is defined in the Petition). b.Pursuant to the Act and Section 9-500.05,Ari zona Revised Statutes,asamended,the Municipality,the District and the Petitioner may enter into a "development agreement"to specify,among other things,conditions,terms,restrictions and requirements for "public infrastructure"(as such term is defined in the Act)and the financing of public infrastructure. c.With regard tothe Property,the Municipality and the Petitioner have determined to specify some of such matters in such an agreement,particularly matters relating tothe acquisi tion of certain public infrastructure by the District,the accep tance thereof by the Municipality and the reimbursement or repay ment of the Petitioner with respect thereto,all pursuant tothe Act. d.Pursuant to the Act and Title 11,Chapter 7, Article 3,Arizona Revised Statutes,as amended,the District and the Municipality may enter into an "intergovernmental agreement" Resolution No.1995-11 VlSai/ with one another for joint or cooperative action for services and tojointlyexerciseanypowerscommontothemandforthepurposes oftheplanning,design,inspection,ownership,control,mainte nance,operation or repair of public infrastructure. e.There has beenpresented tous in connection withthe purposes described in paragraphs l.b.through d.aDis trict Development,Financing Participation and Intergovernmental Agreement No.1 (Eagle Mountain Community Facilities District), dated asof March 1,1995 (hereinafter referred toasthe "Develop ment Agreement"),byand among the Petitioner,the Municipality, the Fountain Hills Sanitary District and the District. 2.Authorization and Approval of Development Agreement. The Development Agreement is hereby approved in substantially the form submitted herewith,with such changes,additions,deletions, insertions and omissions,ifany,asthe Mayor ofthe Municipality, with the advice of the Manager of the Municipality and the Town Attorney of the Municipality,shall authorize,the execution and delivery of the Development Agreement tobe conclusive evidence of the propriety of such document and the authority of the persons or persons executing the same.The Mayor of the Municipality,with the advice of the Manager of the Municipality and the Town Attorney of the Municipality,is hereby authorized and directed to execute the Development Agreement on behalf of the Municipality. 3.No General Liability of or for the Municipality. Neither the Municipality nor the State of Arizona or any political subdivision of either (other than the District)shall be directly, Resolution No.1995-11 Njgpj/ c indirectlyormorallyliableorobligatedforthecostsofthepub lic infrastructure contemplated by the General Plan fortheDis trict nor forthe payment or repayment of any indebtedness,liabil ity,cost,expense or obligation ofthe District,and neither the creditnorthe taxing power oftheMunicipality,theStateof Arizona or any political subdivision of either (other than the Dis trict)shallbe pledged therefor.The Development Agreementshall notbe construed tocausethe Municipality tobe directly orindi rectlyliableforanyindebtednessorobligationofanypartyto the Development Agreement other than the obligations ofthe Munic ipality specifically provided for therein. 4.Emergency Clause.WHEREAS,the immediate operation ofthe provisions ofthis Resolution is necessary forthe preserva tionofthe public peace,health andsafety,an EMERGENCY is hereby declared to exist,and this Resolution shall be in full force and effectfromand after its passage bytheCouncilas required bythe Town Code of the Municipality and is hereby exempted from the referendum clause of such Code. Resolution No.1995-11 • PASSEDbytheTownCounciloftheTownofFountain Hills, Arizona,this 16th day of March,1995. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: LJuyu^'O .iSt/y^Ax^ Johi^.Vj/.Cutillo,Mayor Cassie B.Hansen,TownClerk RHVI-WED BY:APPROVED AS TO FORM: f/ PaulL.Nordin,Town Manager William E.Farrell,Town Attorney *** PSS0FDB4/031095 Resolution No.1995-11