HomeMy WebLinkAboutRes 1994-43c
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RESOLUTION 1994-43
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,SUPPORTING PASSAGE OF
PROPOSITION 101.
WHEREAS,the Arizona state public school and institutional Trusts own 9.4 million acres
of Trust lands intermingled with federal and private land throughout Arizona, which the federal
government granted to Arizona as a condition of statehood for the purpose of lease or sale to
raise funds to support public schools, universities and institutions throughout our state; and
WHEREAS,under the Arizona Constitution adopted in 1912, Arizona can dispose of
Trust land only to the highest bidder;however,Arizona's cities,towns and counties cannot afford
to get into a bidding war with private interests over environmentally sensitive Trust land that
local governments want to protect or use for a park; and
WHEREAS,the State of Arizona neglected to amend the state constitution to make the
land disposal requirements in the constitution consistent with the congressional exchange
amendment of the Enabling Act, but the state legislature did pass exchange statutes,and for more
than 50 years the state made land exchanges with the federal government and private landowners
to consolidate and improve the location of Trust land holdings.
WHEREAS,in 1988 the exchange program was halted after the State Supreme Court
ruled that the state had failed to amend its 1912 state constitution to authorize the exchange of
Trust lands as an alternative to sale at pubic auction;and
WHEREAS,Proposition 101 would allow Arizona to formally follow changes in federal
law that occurred 1936,when the U.S.Congress amended the Enabling Act to authorize the state
to make land exchanges under such regulations as the state legislature may provide;and
WHEREAS,there are many opportunities for the state to make land exchanges with the
federal government and with private landowners to help protect the military bases and gunnery
range that are so vital to the economy of our state and to our national security;and
WHEREAS,there are many opportunities to consolidate intermingled Trust and private
lands to improve management and development opportunities,to increase Trust and private land
values and to increase the local tax base;and
WHEREAS,the State Land Department has opportunities to acquire,in land exchanges
with private landowners,environmentally sensitive lands that should be placed into state or local
parks;these lands could then be acquired and held by the State Land Department until parks
could be established;and
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WHEREAS,Proposition 101 would cause an amendment to the Arizona State
Constitution to make it consistent with the federal and state statutes that authorize the state to
make land exchanges with the federal government,local governments and private individuals,
understrict statutory requirements which includepublic hearing,multiple appraisals and approval
by the State Selection Board.
NOW THEREFORE BE IT RESOLVED,by the Mayor and Common Council of the
Townof FountainHills, Arizona,herebyformallysupportsthepassageof Proposition 101,which
wouldamend theArizona State Constitutionto allowthe StateLandDepartmentto resumea land
exchangeprogram, which wouldallow local governmentto exchangeits land that the state wants
for State Trust land of equal value.
PASSED AND ADOPTED this _b^kday 0f October,1994.
John M/Cutillo,Mayor
APPROVED AS TO FORM:
William E.Farrell,Town Attorney
ATTEST:
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Cassie B.Hansen,Town Clerk
REVIEWED BY:
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^Paul L.Nordin,Town Manager