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HomeMy WebLinkAbout140619CMDPz:\council packets\2014\r140619\cmd\140619cmda.docx Last printed 6/16/2014 4:36 PM NOTICE OF SPECIAL SESSION OF THE COTTONWOOD MAINTENANCE DISTRICT BOARD WHEN: THURSDAY, JUNE 19, 2014 TIME: IMMEDIATELY FOLLOWING THE 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 June 19, 2014 Eagle Mountain Facilities District Board Meeting and prior to the June 19, 2014 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 not iced 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 June 5, 2014. 2. CONSIDERATION of RESOLUTION CMD 2014-03, 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 Fiscal Year beginning July 1, 2014 and ending June 30, 2015. 3. ADJOURNMENT. DATED this 12th day of June, 2014. Bevelyn J. Bender, Town 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 r eview in the Clerk’s office and on the Town’s website [www.fh.az.gov]. z:\council packets\2014\r140619\cmd\140619cmda.docx Last printed 6/16/2014 4:36 PM NOTICE OF SPECIAL SESSION OF THE COTTONWOOD MAINTENANCE DISTRICT BOARD WHEN: THURSDAY, JUNE 19, 2014 TIME: IMMEDIATELY FOLLOWING THE 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 June 19, 2014 Eagle Mountain Facilities District Board Meeting and prior to the June 19, 2014 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 not iced 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 June 5, 2014. 2. CONSIDERATION of RESOLUTION CMD 2014-03, 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 Fiscal Year beginning July 1, 2014 and ending June 30, 2015. 3. ADJOURNMENT. DATED this 12th day of June, 2014. Bevelyn J. Bender, Town 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 r eview in the Clerk’s office and on the Town’s website [www.fh.az.gov]. TOWN OF FOUNTAIN HILLS Cottonwoods Maintenance District AGENDA ACTION FORM Meeting Date:6/19/2014 Meeting Type:Special Session Agenda Type:Regular Submitting Department:Administration Staff Contact Information:Bevelyn J.Bender,District Clerk;480-816-5115;bbender@fh.az.gov REQUEST TO DISTRICT BOARD (Agenda Language):CONSIDERATION of approving the Cottonwood Maintenance District Board MEETING MINUTES of June 5,2014. Applicant:NA Applicant Contact Information:NA Property Location:NA Related Ordinance,Policy or Guiding Principle:A.R.S.§38-431.01 Staff Summary (background):Theintent of approving previous meeting minutes istoensurean accurate account of thediscssionandactionthattookplaceatthatmeetingforarchivalpurposes.Approvedminutesareplaced ontheTown'swebsitein compliance withstatelaw. Risk Analysis (options or alternatives with implications):NA Fiscal Impact (initial and ongoing costs;budget status):NA Budget Reference (page number):NA Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attachBudget Adjustment Form:YD N • Staff Recommendation(s):Approve List Attachment(s):None SUGGESTED MOTION (for District Board use):Moveto approve theJune5,2014 meeting minutes Prepared by:Prepared by:a /OP//yL /nS)_/Sl!A>sdXA) Bevelyn Bender",DistrictClerk 6/10/2014 Director's Approval: NA 6/10/2014 KenBuchanan,District Manager 6/10/2014 Page 1 of 1 TOWN OF FOUNTAIN HILLS Cottonwoods Maintenance District AGENDA ACTION FORM MeetingDate:6/19/2014 MeetingType:Regular Session Agenda Type:Regular Submitting Department:Administration Staff Contact Information:Craig Rudolphy,District Finance Director,480-816-5162,crudolphy@fh.az.gov REQUESTTODISTRICTBOARD (Agenda Language):CONSIDERATION of RESOLUTIONCMD2014-03, assessinguponthe individual lotsand parcels withintheDistrict,asum sufficient toraisetheamountestimated tobe required in the annual budget to provide funds for maintenance of certain pedestrian areas,parking and parkways;allfortheFiscalYearendingJune30,2015. Applicant: Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle: Staff Summary (background):The Cottonwoods Maintenance District wasformedbythe Town CouncilinJune, 1999 forthe purpose of maintaining or improving the common areas of the Cottonwoods subdivision.The TownCouncilservesasthegoverningBoardfortheDistrict.TheMaintenanceDistrictprovidesforthe maintenance ofthecommonarea,whichisperformedbytheTownofFountainHills.Theannualcostisrepaid through anannualpropertytaxassessmentof $83.15 perpropertyownerleviedbytheTownandcollectedby Maricopa County. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status):$4,823 Budget Reference (page number): Funding Source:NA If Multiple Funds utilized,list here: Budgeted;ifNo,attach Budget Adjustment Form:Y13 NQ Staff Recommendation(s): List Attachment(s): SUGGESTED MOTION (for District Board use):Move to approve Resolution CMD 2014-03 levyinguponthe propertyowners of the Cottonwoods Maintenance Districtalevy of $83.15 eachforthe purpose of payment of annual maintenance of the common areas. Page 1of2 Beata Bogdap^Accountant Director's Approval: 6/10/2014 Craig Rudolphy,District Finance Director 6/10/2014 Approved:--^ -Ke^.OarJ^o^jnjijl^ Ken Buchanan,District Manager 6/10/2014 Page 2 of2 2179705.1 RESOLUTION CMD NO. 2014-03 A RESOLUTION OF THE BOARD OF THE COTTONWOODS MAINTENANCE DISTRICT 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 BEGINNING JULY 1, 2014 AND ENDING JUNE 30, 2015. WHEREAS, in accordance with ARIZ. REV. STAT. §§ 48-574 and 48-575, and following published notice, public hearings were conducted on May 1, 2014, and June 5, 2014, at which hearings any taxpayer was permitted to appear and be heard regarding the 2014-15 annual budget for the Cottonwoods Maintenance District (the “District”); thereafter, the District Board adopted Resolution CMD 2014-02, approving the annual District budget; and WHEREAS, pursuant to ARIZ. REV. STAT. §§ 48-574 and 48-575, the District Board desires to levy such amounts as necessary for the 2014-15 annual District budget. 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. 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 Exhibit A, 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, 2015. SECTION 3. 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 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. 2179705.1 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. SECTION 7. 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 19, 2014. Linda M. Kavanagh, District Chairperson ATTEST: Bevelyn J. Bender, District Clerk APPROVED AS TO FORM: Andrew J. McGuire, District Counsel 2179705.1 EXHIBIT A TO RESOLUTION CMD NO. 2013-03 [Lot and Tax Parcel List] See following page. 2179705.1 Lot No. Tax Parcel No. Amount to be Levied* Lot No. Tax Parcel No. Amount to be Levied* 1 176-03-923 $83.15 42 176-03-964 $83.15 2 176-03-924 $83.15 43 176-03-965 $83.15 3 176-03-925 $83.15 44 176-03-966 $83.15 4 176-03-926 $83.15 45 176-03-967 $83.15 5 176-03-927 $83.15 46 176-03-968 $83.15 6 176-03-928 $83.15 47 176-03-969 $83.15 7 176-03-929 $83.15 48 176-03-970 $83.15 8 176-03-930 $83.15 49 176-03-971 $83.15 9 176-03-931 $83.15 50 176-03-972 $83.15 10 176-03-932 $83.15 51 176-03-973 $83.15 11 176-03-933 $83.15 52 176-03-974 $83.15 12 176-03-934 $83.15 53 176-03-975 $83.15 13 176-03-935 $83.15 54 176-03-976 $83.15 14 176-03-936 $83.15 55 176-03-977 $83.15 15 176-03-937 $83.15 56 176-03-978 $83.15 16 176-03-938 $83.15 57 176-03-979 $83.15 17 176-03-939 $83.15 58 176-03-980 $83.15 18 176-03-940 $83.15 19 176-03-941 $83.15 20 176-03-942 $83.15 21 176-03-943 $83.15 22 176-03-944 $83.15 23 176-03-945 $83.15 24 176-03-946 $83.15 25 176-03-947 $83.15 26 176-03-948 $83.15 27 176-03-949 $83.15 28 176-03-950 $83.15 29 176-03-951 $83.15 30 176-03-952 $83.15 31 176-03-953 $83.15 32 176-03-954 $83.15 33 176-03-955 $83.15 34 176-03-956 $83.15 35 176-03-957 $83.15 36 176-03-958 $83.15 37 176-03-959 $83.15 38 176-03-960 $83.15 39 176-03-961 $83.15 40 176-03-962 $83.15 41 176-03-963 $83.15 *such sum may be paid in two installments, along with such parcel’s other taxes