HomeMy WebLinkAboutRes 1998-23RESOLUTION NO. 1998-23
RESOLUTION ORDERING THE OPERATION, MAINTENANCE, REPAIR AND
IMPROVING OF CERTAIN PEDESTRIAN AREAS DESCRIBED IN RESOLUTION OF
INTENTION NO. 1998 -08; AND APPROVING THE ESTABLISHMENT OF THE
COTTONWOODS MAINTENANCE DISTRICT.
WHEREAS, on February 5, 1998, the Mayor and Council of the Town of Fountain
Hills, Arizona, passed and adopted Resolution No. 1998 -08 (the "Resolution of Intention "), which,
among other matters, declared its intention to operate, maintain, repair and improve the pedestrian
mall, consisting of the landscaping, sidewalks and the exterior wall along Saguaro Boulevard, Grande
Boulevard and Del Cambre Avenue as they abut the proposed maintenance assessment district (the
"Work"), all as shown on the Preliminary Plans and Specifications; declared such maintenance
assessment district to be known as Town of Fountain I Tills, Arizona, Cottonwoods Maintenance
District; declared the work to be of more than local or ordinary public benefit; provided that the costs
and expenses of the Work shall be annually assessed upon the district, provided that the proposed work
shall be performed under the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and
all amendments thereto; and
WHEREAS, a copy of said Resolution of Intention has been published two times in
the Times of Fountain Hills, a daily newspaper of general circulation in the Town of Fountain Fos;
and
WHEREAS, the Superintendent of Streets of the Town of Fountain Hills caused to be
posted along the line of said proposed Work 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 and Proposed Maintenance District" such
heading in letters at least one (1) inch in height and also mailed such notice to each property owner
within the proposed maintenance assessment district; said notices stated the fact of the passage of said
Resolution of Intention and briefly described the proposed Work; 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 maintenance 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 maintenance 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, and each property owner within the proposed maintenance
assessment 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 Hills; 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 Work and improvement
constitute the owners of approximately 6.91/o 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 maintenance 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
maintenance assessment district; and
WHEREAS, said Council finds and determines that objections to the said maintenance
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 maintenance assessment district, the Council hereby finds and determines
that it has jurisdiction to order the Work as described herein and in the Resolution of Intention; and
WHEREAS, the Council having thereby acquired jurisdiction to order the Work; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE TOWN OF FOUNTAIN EMU, ARIZONA, as follows:
Section 1. Ordering Performance of the Work and Completion of the 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 IEUs, Arizona, hereby
orders the Work to be performed as described in the Resolution of Intention relative to the Town of
Fountain Hills Cottonwoods Maintenance District, in accordance with the Preliminary Plans and
Specifications heretofore approved and adopted by the Mayor and Council and in accordance with any
final Plans and Specifications as shall be hereafter prepared.
The Superintendent of Streets is authorized and directed to cause, if necessary, the annual preparation
of final Plans and Specifications pertaining to the annual operation, maintenance, repair and
improvement of the pedestrian mall, consisting of the landscaping, sidewalks and exterior wall along
the Streets to be Maintained (as defined in the Resolution of Intention).
Section 2. Establishment of District and Annual Assessment of Expenses. The
Town of Fountain Dills, Arizona Cottonwoods Maintenance District (the "District") is hereby
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r„ established for the sole purpose of performing the Work. The governing body shall make annual
statements and estimates of the expenses of the District, which shall be provided for by assessment of
the total sum upon the parcels and lots within the District. The assessment and collection of the
expenses shall follow the procedures for the assessment and collection of ad valorem taxes established
in AR S. Section 48 -575, which, in summary, provides for collection in the manner and by the officers
provided by law for the collection and enforcement of general taxes of the Town.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of
Fountain I-Hlls, Arizona, on May 7, 1998.
Mayor
ATTEST:
Clerk
APPROVED AS TO FORM:
4�r-o 2A _
Special Counsel
CERTIFICATE
I hereby certify that the above and foregoing Resolution No. 1998,?3was duly passed
by the Mayor and Council of the Town of Fountain FEls, Arizona, at a regular meeting held on May 7,
1998, and that a quorum was present thereat.
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Clerk