HomeMy WebLinkAboutRes 1998-22RESOLUTION NO. 1998 -22
RESOLUTION ORDERING THE RAFROVEMENT DONE AS DESCRIBED IN
RESOLUTION OF INTENTION NO. 1998 -07; AND DECLARING AN EMERGENCY.
WHEREAS, on February 5, 1998, the Mayor and Council of the Town of Fountain
Hills, Arizona, passed and adopted Resolution No. 1998 -07 (the "Resolution of Intention "), which,
among other matters, declared its intention to make the improvements described in the Resolution of
Intention, which consist of the construction of a six-foot concrete sidewalk, ramps, scuppers, utility
adjustments, landscaping and exterior wall improvements along Saguaro Boulevard, Grande Boulevard
and DelCambre Avenue, together with all appurtenances and adjuncts necessary, all as shown on the
Preliminary Plans and Specifications; declared such improvement to be known as Town of Fountain
Hills, Arizona, Cottonwoods Improvement District; determined that improvement bonds shall be issued
to represent the costs and expenses thereof, declared the work or improvement to be of more than
local or ordinary public benefit, and that the costs and expenses thereof shall be assessed upon a certain
district; provided that the proposed work or improvement shall be performed under the provisions of
Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and all amendments thereto, (said work or
improvement, the district to be assessed and the improvement bonds to be issued are more fully
described in the Resolution of Intention to which reference is hereby made for such description); and
WHEREAS, a copy of said Resolution of Intention has been published two times in
the Times of Fountain Hill s, a daily newspaper of general circulation in the Town of Fountain I-i'ills; and
WHEREAS, the Superintendent of Streets of the Town of Fountain Hills caused to be
posted along the line of said proposed work or improvement on the streets, alleys and rights -of -way to
be improved at not more than three hundred (300) feet apart, notices of the passage of said Resolution
of Intention, said notices being headed "Notice of Proposed Improvement" such heading in letters at
least one (1) inch in height and also mailed such notice to all the property owners within the proposed
district; said notices stated the fact of the passage of said Resolution of Intention and briefly described
the proposed improvement; and
WHEREAS, more than fifteen (15) days have elapsed since the date of the last publication of said
Resolution of Intention, and since the completion of the posting of said Notice of Proposed
Improvement and Proposed Maintenance District; and
WHEREAS, four (4) protests against the proposed work and/or objections to the
extent of the assessment district described in the Resolution of Intention were filed with the Clerk
during the time prescribed by law; and
WHEREAS, this Council set the date for hearing said protests and objections to the
extent of the assessment district for May 7, 1998; and
WHEREAS, the Clerk caused notice of said hearing to be mailed to each protester
and each objector, as the case may be, as well as all other property owners within the proposed district,
at least ten (10) days prior to the hearing; and
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WHEREAS, the Clerk caused notice of said hearing to be published twice in the
Times of Fountain Dills; and
WHEREAS, this Mayor and Council have heard the arguments presented with respect
to each protest and objection; and
WHEREAS, it is found that those persons protesting said improvement constitute the
owners of approximately 6.99/6 of the property subject to assessment; and
WHEREAS, said percentage of owners so protesting is less than a majority of the
owners of the frontage of property fronting on streets or parts of streets contained within the limits of
the assessment district as defined in the Resolution of Intention; and
WHEREAS, such protests are therefore insufficient to bar said work; and
WHEREAS, the Council has heard each and every objection to the extent of the
assessment district; and
WHEREAS, said Council finds and determines that objections to the said assessment
district are without merit and are hereby denied; and
WHEREAS, having found the protests to be insufficient and having denied all the
objections to the extent of the assessment district, the Council hereby finds and determines that it has
jurisdiction to order the improvement as described in the Resolution of Intention; and
WHEREAS, the Council having thereby acquired jurisdiction to order the work and
to acquire the property necessary therefor,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
Section 1. Ordering Improvement and Final Plans. By virtue of the authority
vested in Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and all amendments thereto, the
Mayor and Council of the Town of Fountain Hills, Arizona, hereby orders the Work done as described
in the Resolution of Intention relative to the Town of Fountain Hills Cottonwoods Improvement
District in accordance with the Preliminary Plans and Specifications heretofore approved and adopted
by the Mayor and Council and the final Plans and Specifications as shall be hereafter prepared.
The Superintendent of Streets is authorized and directed to cause, if necessary, the
completion of final Plans and Specifications and, upon such completion, to prepare and execute a
notice of the passage of this resolution and notice inviting proposals for the construction of the work.
The Superintendent of Streets is authorized and directed to establish the date and time for such
proposals to be received and to set forth such date in the notice. Such notice shall be posted and
published as provided by law.
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Section 2. Establishment of District. The Town of Fountain Hits, Arizona
Cottonwoods Improvement District is hereby established.
Section 3. Emergency Clause. Whereas, it is necessary for the preservation of the
peace, health and safety of the Town of Fountain Ms, Arizona, an emergency is declared to exist, and
this Resolution shall be effective immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of
Fountain FHBs, Arizona, on May 7, 1998.
ATTEST:
Clerk
APPROVED AS TO FORM:
1"p, r,—J, ,
Special Counsel
CERTIFICATE
Mayo
I hereby certify that the above and foregoing Resolution No. 199"was duly passed
by the Mayor and Council of the Town of Fountain I-Hlls, Arizona, at a regular meeting held on May 7,
1998, and that a quorum was present thereat.
SWR:pn 253211.01 CUM
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Clerk