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Home My WebLink AboutRes 1998-08When recorded return to: Mr. Scott W. Ruby Gust Rosenfeld P.L.C. 201 N. Central Avenue, Suite 3300 Phoenix, Arizona 85073 RESOLUTION NO. 1998 -08 RESOLUTION OF THE COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ACCEPTING PRELIMINARY PLANS AND AN ENGINEER'S ESTIMATE OF THE ANNUAL COSTS AND EXPENSES OF OPERATING, MAINTAINING, REPAIRING AND IMPROVING CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS, DECLARING ITS INTENTION TO OPERATE, MAINTAIN, REPAIR AND IMPROVE SUCH AREAS AND ADOPTING SUCH ENGINEER'S ESTIMATE FOR THE ANNUAL COST OF SUCH OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT WITHIN THE CORPORATE LIMITS OF THE TOWN OF FOUNTAIN HILLS; DESIGNATING THE AREA BENEFITTED AS "TOWN OF FOUNTAIN HILLS, ARIZONA, COTTONWOODS MAINTENANCE DISTRICT"; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND THAT THE COSTS OF SAID WORK WILL BE ASSESSED UPON THE PROPERTY WITHIN THE DISTRICT; PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT WILL BE PERFORMED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AND ALL AMENDMENTS THERETO. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, that: Section 1. Definitions. In this Resolution, the following terms shall have the following meanings: "Assessment Diagrams" shall mean those duplicate diagrams of the property contained within the Maintenance Assessment District as will be filed with the Clerk and approved by the Mayor and Council. "Clerk" shall mean the Clerk of the Town of Fountain Hills. "District Engineer" shall mean the firm of engineers hereafter designated as the District Engineer or, if none, the Town Engineer, and any successors thereto. KCH joy 247504.01 020598 "Estimate" shall mean the estimate of annual costs and expenses of the Work filed with the Clerk prior to the adoption of this Resolution of Intention, showing the estimated annual cost of the Work to be $3,200. "Governing Body" shall mean the Mayor and Council of the Town. "Maintenance Assessment District" shall mean the lots, pieces or parcels of land lying within the boundaries described in Exhibit A attached hereto. For a more particular description, reference is hereby made to the Maintenance Assessment District Map. "Maintenance Assessment District Map" shall mean the map delineating the Maintenance Assessment District in the form attached hereto as Exhibit B. "Maintenance District" shall mean the Town of Fountain Hills, Arizona, Cottonwoods Maintenance District. "Plans and Specifications" shall mean those plans and specifications for the Work as may hereafter be prepared. "Preliminary Plans" shall mean the plans showing the location and the type and character of the Work filed with the Clerk prior to the adoption of this Resolution. "Streets or Streets to be Maintained" shall mean the length and width of Saguaro Blvd., Grande Blvd. and Del Cambre Ave. as they abut the Maintenance Assessment District. "Superintendent of Streets" shall mean Randy L. Harrel, the Town Engineer, and any successor holding such office. "Town" shall mean the Town of Fountain Hills, Arizona. "Work" shall mean the proposed operation, maintenance, repair and improvement of the pedestrian mall, consisting of the landscaping, sidewalks and the wall along the Streets to be Maintained, together with all ancillary work. Section 2. Declaration of Intention to Order the Improvement. The public interest and convenience require and it is the intention of the Governing Body to order the Work to be performed as stated herein pursuant to A.R.S. Title 48 Chapter 4, Article 2. All items of the Work shall be performed as prescribed by the Plans and Specifications, which shall be consistent with the Preliminary Plans and Specifications, and no annual assessment for any lot shall exceed its proportion of the annual Estimate. For purposes of this Resolution and of all resolutions, ordinances and notices pertaining to this Resolution, the operation, maintenance, repair and improvement as herein described is hereby designated Town of Fountain Hills, Arizona, Cottonwoods Maintenance District. Section 3. Determination of Need. In the opinion of the Governing Body, the Work is of more than local or ordinary public benefit, and the Governing Body hereby orders that -2- KCH:joy 247504.01 020598 the annual costs and expenses due or to become due with respect thereto shall be chargeable upon the respective lots, pieces and parcels of land within the Maintenance Assessment District. Section 4. Exclusion of Certain Property. Any public street or alley within the boundaries of the Maintenance Assessment District is hereby omitted from the Maintenance Assessment District. Any lot, the legal owner of which on this date is the United States, the state, a county, city, school district or any political subdivision or institution of the state or county, which is included within the Maintenance Assessment District shall be omitted from the assessment hereafter made except as otherwise agreed between the Town and the owner. Section 5. Annual Statement of Costs. Each year the Town shall render a statement and estimate of the expenses of the district. Such amount shall be assessed each year upon the several lots, each respectively in proportion to the benefits received by each. Section 6. Statutory Authority. The Work and all proceedings pertaining thereto shall be performed under the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and all amendments thereto. Section 7. Town Participation. The Town may but is not obligated to contribute funds if necessary to complete the Work or lawfully assess the costs thereof. Section 8. Protests, Objections to Extent of Maintenance Assessment District. The owners of property within the Maintenance Assessment District may file written protests against the performance of the Work or objections to the extent of the Maintenance Assessment District. Said protests or objections shall be filed with Clerk of the Town of Fountain Hills, in person at 16836 E. Palisades, Building C, Fountain Hills, Arizona, or by mail to P.O. Box 17958, Fountain Hills, Arizona 85269. Said protests or objections must be received within fifteen (15) days after the last publication of this Resolution, or within fifteen (15) days after the completion of posting of the Notices of the Proposed Improvement whichever date is later. Section 9. Right to Reduce Scope of Work. If the Town is unable to obtain any easement or right -of -way necessary for the performance of the Work, the Town may exclude from the Work that portion which cannot be performed due to the lack of easement or right -of- way. Section 10. Preparation of Assessment Diagrams. Duplicate diagrams of the property contained within the Maintenance Assessment District to be assessed to pay the costs and expenses of the construction of the Work, will be prepared by the Superintendent of Streets under A.R.S. § 48 -589 and amendments thereto, and certified by him and presented to this Council for approval. The fact and date of such approval shall be certified upon said diagrams by the Clerk and thereupon said diagrams shall be delivered to the Superintendent of Streets as required by law. Section 11. Approval of Estimate; Delegation of Authority. The Engineer's Estimate of annual costs submitted by the District Engineer is hereby adopted and approved as the official estimate for the Work. -3- KCH:joy 247504.01 020598 Section 12, Notice. Proceedings and Work. The Work shall be done and all proceedings therefor shall be taken, the Superintendent of Streets shall cause to be posted notices at not more than 300 feet apart along the lines of the proposed improvements, which notices shall be headed "Notice of Proposed Improvement ", such heading to be in letters at least V in height; the Clerk shall certify to the passage of this Resolution of Intention, and shall cause the same to be published for two consecutive publications in The Times of Fountain Hills. This Resolution shall be filed with the Clerk and made a part of the records of the Governing Body. The posted notices may be combined as a single notice with the posted notices for the Cottonwoods Improvement District. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of Fountain Hills, Arizona, on February 5, 1998. Je Id L. Miles, Mayor Attest: j Cassie Hansen, Town Clerk ct t A- 00� Approved as to form: Scott W. Ruby, Special Counsel Attachments: Exhibit A - Description of Distri Exhibit B - Map of District Notice of Proposed Improvemen KCH:Ja 247504.01020598 OW !r CERTIFICATION I, Cassie Hansen, the duly appointed and acting Town Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No. 1998 -08 was duly passed by the Town Council of the Town of Fountain Hills, Arizona, at a regular meeting held on February 5, 1998, and the vote was S aye's and -1 nays and that the Mayor and Io Council Members were present thereat. DATED: February S 1998 I J4.+nA Town Clerk Publish this Resolution two (2) times in The Times of Fountain Hills. Post the Notice of Proposed Improvement at intervals of not more than 300 feet along all streets within the Maintenance Assessment District and along the lines of the proposed improvement. Mail the Notice of Proposed Improvement to every property owner within the Maintenance Assessment District. aCH:J, 34]504.01 030599 -5- 00, NOTICE OF PROPOSED IMPROVEMENT TOWN OF FOUNTAIN HILLS, ARIZONA, COTTONWOODS MAINTENANCE DISTRICT TO: ALL OWNERS OF OR PERSONS INTERESTED IN LAND LYING WITHIN THE MAINTENANCE ASSESSMENT DISTRICT DESCRIBED BELOW. Please take notice that on February S, 1998, thel y _or and Council of the Town of Fountain Hills, Arizona, passed and adopted Resolution No. oB (the 'Resolution of Intention ") declaring their intention to operate, maintain, repair and improve the landscaping and wall along the portions of Saguaro Blvd., Grande Blvd. and Del Cambre Ave. abutting the Maintenance Assessment District, together with all ancillary work (the "Work ") in accordance with the Resolution of Intention. The annual costs and expenses of such Work shall be annually assessed against the land lying within the Maintenance Assessment District described in Exhibit A attached hereto. The Maintenance Assessment District is also shown on the Assessment District Map attached to this Notice as Exhibit B. The Work and all proceedings connected therewith shall be known as the Town of Fountain Hills, Arizona, Cottonwoods Maintenance District. �., For further particulars, reference is hereby made to the Resolution of Intention and the Estimate of Annual Cost and Expenses on file in the office of the Clerk of the Town of Fountain Hills. The owners of property within the Maintenance Assessment District may file written protests against the performance of the Work or file written objections against the extent of the Maintenance Assessment District. Such protests or objections must be filed with the Clerk of the Town of Fountain p oHills, in person at 16836 E. Palisades, Fountain Hills, Arizona, or by mail to P.O. Box 17958, i��$tain Hills, Arizona 85269 within fifteen (15) days after the last publication of Resolution No. p" or the date of the posting of this Notice, whichever date is later. DATED: February S 1998. Clerk, Town of Fountain Hills, Arizona Attachments: Exhibit A - Legal Description Exhibit B - Map of District Post at intervals of 300 feet along all streets within the Maintenance Assessment District and along the lines of the improvement. Mail to each property owner within the Maintenance Assessment District. KCn:joy 247504.01 020598 EXHIBIT A MAINTENANCE ASSESSMENT DISTRICT Lots 1 through 58 inclusive of Plat 112 The Cottonwoods of Fountain Hills recorded on August 14, 1984 at Book 271 of Maps, Page 26 of the records of the Maricopa County Recorder. KCH joy 247504.01 020598 A -1 R.. ............................... .. �[ �n J ,� C r �� .'L :� J O l� in (D �n a�i (p lal LL EXHIBIT B MAINTENANCE ASSESSMENT DISTRICT MAP �_� -r'f -� ,i "� � �i•� FII�iAI. PLAT N0. 112 ,�� z9 ]° I 71� COTTA AT F�1TA�1 HILL8 28 _ -- •�, .� z� i � 31 p� 1S � � ` � /,/ 26 % ry ASSESSEMENT DISTRICT 8OUNOARY i �• % 13 x >6 1`" `_ �• � � �" � _ _% �_ q ' __�.�. 23 � � 1 h• 39 ]6 I 17 lE IS � 21 a : 3d ]I 1 f e is 16 -:, a 1 I 11 _ • ~• _ Iz � �" � I � �. �� ` ' � • • 9 10 i SI S3 S1 S1 � � -� � ,�n Sp 1 a I L_ o�_aazn oa -�_�_ o � � . S ;d 57 r pNDE BLVp _�.�- • � y tS 1 IrZ _� \� � ' y-�I SESSEMENT DISTRICT BOUNDARY