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