HomeMy WebLinkAboutRes 2003-49c
RESOLUTION NO.2003-49
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,DECLARING SUPPORT FOR LOCAL
GOVERNMENTS SERVING CITIZENS 24/7 AND DECLARING OCTOBER
20-26,2003,"ARIZONA CITIES AND TOWNS WEEK."
WHEREAS,the citizens of the Town of Fountain Hills (the "Town")rely onlocal
government to experience ahigh quality of lifein our community;and
WHEREAS,local governments around the State of Arizona (the "State")work 24hours
aday,sevendaysaweekto deliver fundamental publicservicessuchasfire,policeand
emergency medical services to create safe communities;and
WHEREAS,the methods of funding these vital public services arenot always clearly
understood by citizens;and
WHEREAS,itisone of the responsibilities oftown officials to ensure that legislators,
media and citizens understand their local government through open and frequent communication
using various avenues and means;and
WHEREAS,itis important to work to encourage this connection and inform citizens of
the importance of state shared revenues in order to preserve the excellent delivery of services
that our citizens have come to expect in our Town;and
WHEREAS,through education and awareness,citizens,community leadersandTown
Staff canwork together to ensure that services provided bythe Town remain exceptional
elements ofthe quality of life of our community.
WHEREAS,the Mayor and Council ofthe Town of Fountain Hills(the "Town
Council")desires to declare its support of the efforts of local governments and declare the week
of October 20-26,2003 as "Arizona Cities and Towns Week."
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA,as follows:
SECTION 1.That the Town hereby declares its support of the efforts oflocal
governmentsandjoinswiththeLeagueofArizonaCitiesandTownsandfellowmunicipalities
acrosstheStateindeclaring October 20-26,2003,"Arizona CitiesandTownsWeek."
SECTION 2.That the Town hereby pledges totakepartinan event during "Arizona
CitiesandTowns Week"in recognition ofthe superior servicesthatcitiesandtowns deliver
statewide.
SECTION 3.That Councilwoman Kathleen Nicola is hereby designated asthe Town's
official contact for this effort.
9196.001\Resolutions\2003-49Govt24-7.res.doc
8-14-03-1
SECTION 4.That theMayor,the Town Manager,the Town Clerk andtheTown
Attorneyare hereby authorized and directed totakeallsteps necessary tocarryouttheintentof
this Resolution.
PASSED AND ADOPTED BY the Mayor and Council oftheTownof Fountain Hills,
Arizona,August 21,2003.
FOR THE TOWN OF FOUNTAIN HILLS:
W.J.Nichols,Mayor
REVIEWED BY:
lm G.Pickering,Town Manager
9196.001\Resolutions\2003-49Govl24-7.rt\s.doc
8-14-03-1
ATTESTED TO:
otf.TownClerk
APPROVED AS TO FORM:
1
Anafew J.McGuire,Town Attorney
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RESOLUTION NO.2003-50
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN OF FOUNTAIN
HILLS FINANCIAL POLICIES BY INCLUDING A SECTION RELATING TO
THE TOWN'S DEBT POLICY.
WHEREAS,the Mayor and Council of the Town of Fountain Hills (the "Town
Council")adopted written financial policies for the Town of Fountain Hills (the "Town")on
May 1,2003 (the "Financial Policies");and
WHEREAS,the Town Council reserved within the Financial Policies a section relating
to a debt policy to be adopted by the Town Council at a later date;and
WHEREAS,the Town Council desires to amend the Financial Policies to incorporate the
Town's debt policy.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THETOWNOFFOUNTAINHILLS,ARIZONAas follows:
SECTION 1.That the "Town of Fountain Hills Financial Policies"is hereby amended
to include the debt policy attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2.That the Town Manager is hereby authorized and directed to take all steps
necessary to ensure that the Town of Fountain Hills Financial Policies are amended and that the
debt policy is implemented and applied to the Town's financial management.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona,August21,20,03.
FOR THE TOWN OF FOUNTAIN HILLS:
W.J.NictiolS,MW
TimG.Pickering,Town Manager
9196 00l\ADebtPolicyresdoc
S-14-03-1
ATTESTED TO:
)/w^
Bevelyn J.B^hderfTown Clerk
APPROVED AS TO FORM:
I,
Andrew J.McGuire Town Attorney
DEBT POLICY
The purpose ofthisdebtpolicyistoprovideforthe preservation and enhancement ofthe
Town's bond ratings,the maintenance of adequate debt service reserves,compliance with
debt instrument covenants and provisions and required disclosures to investors,
underwriters and rating agencies.The overall debt management policy of the Town of
Fountain Hills is to ensure that financial resources are adequate in any general economic
situationtonotprecludethe Town's abilitytopayitsdebtwhendue.
These policies are meant to supplement the legal framework of public debt laws provided
bythe Arizona Constitution,State Statutes,federaltaxlawsandthe Town's current bond
resolutions and covenants.The Arizona Constitution limitsacityortown's bonded debt
capacity (outstanding principal)tocertain percentages oftheTown's secondary assessed
valuation by the type of project tobe constructed.There isa limit of 20%of secondary
assessed valuation for projects involving water,sewer,artificial lighting,parks,open
space,and recreational facility improvements.There isa limit of 6%of secondary
assessedvaluationforanyothergeneral-purposeproject.
General
1.The Town will use current revenues to pay for short-term capital projects,repair
and maintenance itemsandwill reserve long-term debtfor capital improvements
with useful livesoften(10)years or more.TheTownwillnotuse long-term debt
tofundcurrentgovernmentaloperationsandwillmanageitscashina fashion that
willpreventanyborrowingtomeetworkingcapitalneeds.However,exclusive
reliance upon pay-as-you-go funds for capital improvements requires existing
residents topayfor improvements thatwill benefit new residents who relocate to
theareaafterthe expenditure is made.Financing capital projects with debt
provides foran "intergenerational equity",asthe actual usersofthe capital asset
payforitscostovertime,ratherthanonegroupofuserspayingin advance forthe
costsofthe asset.Wherethereisa benefit toallfuture residents debt financing
should begiven consideration
2.To increase itsrelianceoncurrent revenue to finance its capital improvements,
and promote a "pay-as-you-go"philosophy,theTownwill appropriate eachyeara
percentageofcurrentrevenuesto maintain aminimum10%ofaverage actual
General FundrevenuesfortheprecedingfivefiscalyearsintheDesignated
Unreserved Fund.
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Capital Improvement Plan
1.AspartofthebudgetprocesseachyeartheTownwillprepareacapitalspending
planthat provides a detailed summary of specific capitalprojectsforthefive
fiscalyears subsequent tothefiscalyear presented.Theplanwillincludethe
nameoftheproject,project schedule,capitalcostbyfiscalyearanda
recommendedspecificfundingsource.Thefiveyearcapitalimprovementplan
willbedevelopedwithintheconstraintsofthe Town's abilitytofinancetheplan.
2.TheTown Manager and Department Directors willdevelopformalranking
criteriathatwillbeusedinthe evaluation ofallcapitalprojects.Theprogram
ranking criteria willgive greatest weighttothoseprojectswhichprotectthehealth
and safety of its citizens.Pay-as-you-go project financing shallbegiventhe
highestpriority.Capital improvements thatmustrelyupondebt financing shall
be accorded a lower priority and projects withausefullife of lessthanfiveyears
shall not be eligible for inclusion in bond issues.
3.Lease purchase financing shall only be undertaken whenthe project is considered
essential tothe efficient operation of the Town orto remove expenditures that
would exceed the State imposed expenditure limitation.The Town Manager or
designee shall determine that pay-as-you-go expenditures donot cause thestate
imposed expenditure limitation tobe exceeded inanyfiscalyear.
4.All capital project requests willbe accompanied bya description of the sources of
funding to cover project costs.Where borrowing is recommended,a dedicated
source of fundsto cover debt service requirements must be identified.All capital
project requests willbe required to identify any impact the project may haveon
future operating costs of the Town.The Town will seek grants to finance capital
improvements andwill favor those projects which are likely to receive grant
money.
5.All capital project appropriations and amendments tothe capital improvement
plan must be approved bythe Town Council.
6.The capital planwill include all equipment and facilities withausefullife of
greater thantenyearsandacost greater than $50,000.Debt financing shallnot
exceed the useful life of the infrastructure improvement or asset.
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Financing Alternatives
1.Financing alternatives are listed belowbutarenot limited to:
a)Grants
b)Developer Contributions
c)General Obligation Bond -requires voter approval,supported byanad
valorem (property)tax
d)Revenue Bonds -repaid with revenue stream (HURF,revenue generated
by project)
e)MunicipalPropertyCorporationBonds-repaidwithadedicatedrevenue
source
0CFDor Special District Bonds -supported byanad valorem property tax
g)CapitalLeases-repaidwithinoperatingbudget
h)CommercialPaper(CP)orBondAnticipationNotes(BAN)withterms
lessthantwo years
2.TownDebtServicecosts(GO,RevenueBonds,MPC,Leases)shallnotexceed
20%ofthe Town's operating revenue in order tocontrolfixedcostsandensure
expenditure flexibility.Improvement District(ID),Community FacilityDistrict
(CFD)and Special District debt service isnot included inthis calculation because
itispaidbydistrict property ownersandisnotan obligation ofthe general
citizenry.Separate criteria have been established and included within the Town's
CFD policy.
3.In accordance with requirements of the State of Arizona Constitution,total
bonded debt will not exceed the 20%limitation and 6%limitation of the total
secondary assessed valuation of taxable property intheTown.
4.TheTownshallcomplywithallU.S.InternalRevenueServicearbitragerebate
requirements for bonded indebtedness.
5.Whereapplicable,theTownwillstructureGeneralObligationbondissuesto
createleveldebtservicepaymentsoverthelifeoftheissue.Thegoalwillbeto
striveforadebtrepaymentscheduletobenomorethan fifteen (15)years;atno
timewillthedebt exceed twenty-five(25)years.
6.Refundingbondswillbemeasuredagainstastandardofthenetpresentvaluedebt
servicesavingsexceeding3%ofthedebtserviceamountofthebondsbeing
refunded,orifsavingsexceed$750,000,orforthepurposesofmodifying
restrictive covenants orto modify the existing debt structure tothe benefit of the
Town.Refinancingsundertakenforotherreasonsshouldproceedonlywhenthe
advantageshavebeenclearlyshownina cost/benefit analysisofthetransaction.
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7.The Town will seek to maintain and,if possible,improve the current bond rating
inordertominimizeborrowingcostsandpreserveaccesstocredit.
8.An analysis showing how a new issue combined with current debt impacts the
Town's debt capacity and conformance with Town debt policies will accompany
every future bondissue proposal.Thedebt capacity analysis should reflect a
positive trend and include:
a)percentofdebtoutstandingasapercentofthelegaldebtlimit
b)measures of thetax and revenue base
c)evaluation oftrends relating to expenditures andfundbalance
d)debtserviceasa percentage of assessed valuation
e)measuresofdebtburdenonthecommunity
f)tax-exemptmarketfactorsaffectinginterestcosts
g)debt ratios
9.Municipal Property Corporation and contractual debt,whichis non-voter
approved,will be utilized only when a dedicated revenue source (e.g.excise
taxes)canbeidentifiedtopaydebtserviceexpenses.Theprojecttobe financed
will generate net positive revenues (i.e.,the additional revenues generated by the
projectwillbegreaterthanthedebtservicerequirements).
10.The Town's privilegetaxtodebtservicegoalwillbearatioofatleast3.5:1to
ensure the Town's abilitytopayforlongtermdebtfromthiselasticrevenue
source.
Issuance of Obligations
1.TheTownshallselecttheUnderwriterandthePayingagent/registrarforeach
debtissuancebasedon competitive bid.The underwriter mustbeafirm
domiciled in Arizona withanofficeinthe Phoenix areaanda record ofprior
working relationships.
2.Therequestfor proposals process willbe designed toselecttheservice providers
thatoffertheTownthebestcombinationofexpertiseandprice.TheTownisnot
requiredtoselectthefirmofferingthelowestprice,butareportmustbeprepared
bythe Town Manager providing justification tothe Town Council fora
recommendation when other than the lowest bidder is chosen.The review of all
proposalssubmittedshallbetheresponsibilityoftheTownManager.
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3.TheTownof Fountain Hillswillusecompetitive sales asthe primary means of
selling new General Obligation or revenue bonds that are repaid through ad
valorem(property)taxes.Negotiatedsaleswillbepermittedforallotherdebt
issues when itis expected toresultina lower true interest costthan would a
competitive sale of thatsamedateandstructureorthereis evidence of volatile
marketconditions,complexsecurity features,oranotheroverriding factor.
4.The Town Managerordesigneeand Town Attorney willcoordinatetheir
activities to ensure that all securities are issued in the most efficient and cost-
effective mannerandincompliancewiththe Town's governingstatutesand
regulations.TheManagerandthe Town Attorney shall consult and jointly select
the bond counsel fora bond issue.The Town Attorney will review all documents
relatedtothe issuance of securities by the jurisdiction.
5.TheTownwillseeka rating onallnewissueswhich are beingsoldinthe public
market if economically feasible.
6.The Town will reportonanannualbasisallfinancial information and/or notices
of materialeventstotheratingagenciesand Nationally-Recognized Municipal
SecuritiesInformationRepositories (NRMSIR's).Theannualreportwillinclude
butnotbelimitedtothe Town's annual ComprehensiveAnnual Financial Report
(CAFR).
7.The Town willrequireany institution orindividual investing monies asanagent
forthe Town todosoinamanner consistent andin compliance withthe Town's
adopted Investment Policy.
8.The Town will provide detailed draw schedules foranyprojecttobefundedwith
borrowed monies.The Town will invest theproceedsordirectatrusteeto invest
the proceeds of all borrowings ina manner thatwillensurethe availability of
funds as described in the draw schedules.
9.The Town acknowledges the responsibilities of the underwriting community and
pledges to make all reasonable efforts to assist underwriters in their efforts to
comply with SEC Rule 15c2-12and MSRB Rule G-36.
RESOLUTION NO.2003-51
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH MARICOPA COUNTY REGARDING THE USE OF
COUNTY ANIMAL SHELTERS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,as follows:
SECTION 1.That the Intergovernmental Agreement between the Town of Fountain
Hills(the "Town")and Maricopa County (the "County")regarding theuse of the County's
animal shelters (the "Agreement")is hereby approved inthe form attached hereto as Exhibit A
and incorporated hereinby reference.
SECTION 2.That the Mayor,the Town Manager,the Town Clerk andthe Town
Attorney are hereby authorized and directed to take all steps necessary to cause the execution of
the Agreement.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona,September 4,2003.
FOR TH N OF FOUNTAIN HILLS:
Tirh G.Pickering,Town Manager
9196.001V Resolution MC 1GA shelter.,res.doc
8-28-03-1
ATTESTED TO:
APPRDVED AS TO FORM
Andrew J.McGuire,Town Attorney
HOLD FOR PICK UP
CLERK OF THE BOARD
BASKET PICK UP
OFFICIAL RECORDS OF
MARICOPACOUNTYRECORDER
HELEN PURCELL
2003-1677143 12/10/03 15:59
5OF6
OELROSSOA
CAPTIONHEADING:Intergovernmental Agreement between
Maricopa County and the Town of Fountain Hillsfor animal
shelter services C-79-04-039-2
DO NOT REMOVE
This is part of the official document
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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS ._.r
AND MARICOPA COUNTY b '7^^
REGARDING THE USE OF COUNTY ANIMAL SHELTERS
THIS ESfTERGOVERNMENTAL^AGREEMENT for animal shelter services (this
"Agreement")is made and entered into Ou.1^|.2003 by and between Maricopa County (the
"County"),a political subdivision of the State of Arizona and the Town of Fountain Hills (the
"Town"),amunicipal corporation oftheStateofArizona.
WHEREAS,the County maintains facilities,equipment,and trained personnel for the
intakeand humane sheltering of animals;and
WHEREAS,the Town desires toenterintoan agreement with the County for animal
sheltering services;and
WHEREAS,the County andtheTownare authorized,pursuant to A.R.S.§11-952,
A.R.S.§11-201(A)(3),and A.R.S.§11-1001 et.seq.,toenterintothis Agreement.
NOW,THEREFORE,thepartiesmutuallyagree:
1.Responsibilities of the County
1.1 TheCountyshallimpoundandquarantine,inaccordancewithA.R.S.§11-1014,
any animal suspected of having rabies and delivered bythe Town orany resident ofthe
Town toa County animal shelter;
1.2 The County shall keep and maintain,ata County animal shelter,stray dogs and
straycatsnot suspected of having rabies,and delivered bytheTownorany resident of
the Town for a minimum of72 hours unless claimed by their owners.The County may
place anydogorcatnot redeemed byitsownerforsaleormay dispose ofthe animal ina
humane manner in accordance with law.TheCountymay euthanize impounded sickor
injured animals whenever necessary to prevent inhumane,unhealthy or dangerous
conditions or circumstances;
1.3TheCountyshallbilltheTownonaquarterlybasisforservicesrendered.
2.Responsibilities of the Town
2.1 The Town shall paythe County an impound feeof $50.00 foreachstraydogand
catimpoundedbytheCountypursuanttothisAgreement;
2.2TheTownshallpaytheCountyanimpoundfeeof$61.00foreachferalcat
impounded bytheCountypursuanttothis Agreement;
2.3The Town shallpaythe County a euthanasia feeof $25.00 foreachanimal
euthanized bytheCounty pursuant tothis Agreement;
9I96.004NMC IGA Sheller.v2.doc
8-28-03-1
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2.4 The Town shall pay the County a boarding fee of $10.00 per dav for each animal
impounded by the County pursuant to this Agreement,with the exception of feral cats,in
which case,the daily boarding fee is included in the $61.00 impound fee;
2.5 The Town shall pay the County a $25.00 fee for each deceased rabid animal
submitted tothe Arizona State Laboratory and $50.00 for each rabid animal delivered
that is euthanized by the County and submitted to the Arizona State Laboratory;
2.6 The Town shall make payments promptly upon receipt and verification of County
invoices,nolessthanquarterly.
2.7 The Town has appropriated sufficient funds in its fiscal year 2003-04 budget to
payforfeescharged pursuant tothisAgreement.
3.Indemnification
To the extent permitted by law,the County and the Town shall indemnify,defend and hold
harmless each other,each other's officers,employees,contractees,and agents from and against
any and all suits,actions,legal or administrative proceedings,claims,demands,or damages of
any kind or nature relating to this Agreement which are the result of any intentional or negligent
acts or omission of the indemnitor or indemnitor's officers,employees,contractees,agents,and
anyone acting under its direction or control.
4.Duration and Termination
The terms of the agreement shall be from the date set forth above until June 30,2004 and may be
renewed for subsequent one-year periods upon the mutual written agreement of the parties.
Either party may terminate this agreement at any time and without cause by giving written notice
90 days prior to the actual date of termination.This Agreement may be terminated at any time
without notice and without further obligation to the terminating party when the other party is
found tobein default of any material provision of this Agreement.
5.Conflict of Interest
Pursuant to the provisions of A.R.S.§38-511,either party may cancel this Agreement without
penalty or obligation,if any person significantly involved in the initiating,negotiating,securing,
drafting,or creating this Agreement on behalf of the terminating party is at any time while the
Agreement or any extension thereof is in effect an employee of the other party to the Agreement
in any capacity with respect tothe subject matter ofthis Agreement.
6.Applicable Law
This Agreement and all obligations upon the County or the Town arising therefrom shall be
subject to any limitations of budget law or other applicable local law or regulations.
9196.004XMC 1GA Shelter.v2.doc
8-28-03-1
7.Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter of
thisAgreementandanymodificationoramendmenttothetermsandconditionsofthis
Agreementshallbedoneinwritingandsignedbybothparties.
IN WITNESS WHEREOF,the parties enterintothis Agreement asofthedate first set
forth above.
'COUNTY'
MaricopaCounty,apolitical subdivision
of the State of Arizona
^i^//trfz**—•
Chairman,Board of Supervisors
Attest:
Clerk of the Board
l2-jdJ02>
"TOWN"
Town of Fountain Hills,an Arizona
municipal corporation
W.J.Nicho
Attest:
Bv:/yyx//^iW
BevelynJ.Be^derVTownClerk
In accordance with the requirements of A.R.S.§11-952(D),the undersigned attorneys
acknowledge that (i)they have reviewed the above Agreement on behalf of their respective
clientsand(ii)astotheirrespectiveclientsonly,eachattorneyhasdeterminedthatthis
Agreement isinproper form andthat execution hereofis within the powers and authority granted
under the laws of the State of Arizona.
Deputy County Attorney
9196.004\MC IGA Shelter.v2.doc
8-28-03-1
AndrewJ.McGuire,TownAttorney
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RESOLUTION NO.2003-52
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,REPEALING RESOLUTION NO.2003-34
AND ABANDONING THE "FINAL PLAT OF COYOTE RUN"AS
RECORDED ON BOOK 381,PAGE 33 OF THE RECORDS OF MARICOPA
COUNTY,ARIZONA.
WHEREAS,Resolution No.2003-34 was passed bythe Mayor and Council of the Town
of Fountain Hills (the "Town Council")on July 1,2003,abandoning,in error,the "Final Plat of
CoyoteRun"as recorded on Book 176,Page 28ofthe records of Maricopa County;and
WHEREAS,the Town Council intended to abandon the "Final Plat of Coyote Run"as
recordedonBook 381,Page33oftherecordsof Maricopa County in order to separate thetwo
lotsthatwere merged intoonebythatplat;and
WHEREAS,a public hearing regarding the intended abandonment washeldbythe
Town Council on July 1,2003;and
WHEREAS,the Town Council desires that the "Final Plat of Coyote Run"as recorded
onBook 381,Page33 of therecordsof Maricopa County be abandoned andrevertbacktothe
"Fountain Hills Arizona Final Plat No.603-A Amended"as recorded on Book 176,Page 28 of
the records of Maricopa County.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HELLS,ARIZONA,as follows:
SECTION 1.That Resolution No.2003-34 is hereby repealed inits entirety.
SECTION 2.That the "Final Plat of Coyote Run"as recorded in Book 381,Page 33,of
therecordsof Maricopa County,ishereby abandoned and reverted backtothe "Fountain Hills
Arizona Final Plat No.603-A Amended"as recorded in Book 176,Page 28 of the records of
Maricopa County.
SECTION 3.That theMayor,theTown Manager,theTownClerkandtheTown
Attorneyareherebyauthorizedanddirectedtoexecutealldocumentsandtakeallsteps
necessarytocarryoutthe purpose ofthis Resolution.
[SIGNATURES ON FOLLOWING PAGE]
9196.001\Resolutions\Coyote Run Aband.res.v2.doc
8-28-03-1
PASSED AND ADOPTED bythe Mayor and Council of the Town of Fountain Hills,
September 4,2003.
FOR THE TOWN OF FOUNTAIN HILLS:
W.J.Nichols,Ma^or
REVIEWED
Tim G.Pickering,Town Manager
9196.001\Rcsolutions\Coyote Run Aband.res.v2.doc
8-28-03-1
ATTESTED TO:
BevelynJ.jBen^er,TownClerk
APPROVED AS TO FORM:
(
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Andrew J.McGuire,Town Attorney
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RESOLUTION 2003-53
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST IT HAS IN THE CERTAIN TEN (10')
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE
WESTERLY AND SOUTHERLY LOT LINES OF LOT 37,BLOCK 2,OF
PLAT 428,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 155
OF MAPS,PAGE 19,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,the Mayor andCouncilofthe Town of Fountain Hills(the 'Town Council"),
asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the 'Town"),may
requirethededication of public streets,sewer,water,drainage,and other utility easements orrights-
of-waywithinany proposed subdivision;and
WHEREAS,the Town Council hasthe authority to accept or reject offers of dedication of
privatepropertybyeasement,deed,subdivision,platorotherlawfulmeans;and
WHEREAS,allpresentutility companies have received notificationofthe proposed
abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,as follows:
SF.CTTON 1 That aportionofthecertainten(10)footpublicutilityanddrainage
easements,locatedalongthewesterlyandsoutherlypropertylinesofPlat428,Block2,Lot37,
FountainHills,as recorded inbook155 of maps,page19 records of Maricopa County,andasmore
particularly describedin F.xhihit A,attachedheretoandincorporatedhereinby reference,arehereby
declaredtobeabandonedbytheTown.Certainlotswithinthissubdivisionaresubjecttolot-to-lot
drainagerunoff.ThepropertyownerofLot37isrequiredtopassthedevelopedflowsgeneratedby
theupstreamlotsacrosstheirproperty.
SF.CTTON 2.That this Resolution isone of abandonment and disclaimer bythe Town
solelyforthepurposeofremovinganypotentialcloudonthetitletosaidpropertyandthatthe
Towninnowayattemptstoaffecttherightsofanyprivatepartytoopposetheabandonmentor
assertanyrightresultingtherefromorexistingprevioustoanyactionbytheTown.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2003-53.428-2-37 EA03-12.doc
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PASSED AND ADOPTED BY theMayorand Council oftheTownof Fountain Hills,
September 18,2003.-
FOR THE TOWN OF FOUNTAIN HILLS:
W.J.Nichols,Mayor
REVIE
Tim G.Pickering,Town
Resolution 2003-53,428-2-37 EA03-12.doc
ATTESTED TO:
L2£JM IL
BevelynJ.Render,TownClerk
APPROVED AS TO FORM:
r
Antlfew J.McGuire,Town Attorney
LOT31
LOT 30
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 428 BLOCK 2LOT 37
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LOT 36
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RESOLUTION 2003-54
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST IT HAS IN THE CERTAIN TEN (10')
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE
WESTERLY LOT LINE OF LOT 31,BLOCK 4,OF PLAT 605A,
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 155 OF MAPS,
PAGE 21,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,theMayorandCounciloftheTownof Fountain Hills(the 'Town Council"),
asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the 'Town"),may
requirethe dedication of publicstreets,sewer,water,drainage,and other utility easements orrights-
of-waywithinany proposed subdivision;and
WHEREAS,theTownCouncilhastheauthoritytoacceptorrejectoffersofdedicationof
private property by easement,deed,subdivision,plat or other lawful means;and
WHEREAS,allpresentutility companies havereceived notification oftheproposed
abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,as follows:
SRCTTON 1 That a portion of the certain ten(10)foot public utilityand drainage
easements,located along the westerly property lines of Plat 605A,Block 4,Lot 31,Fountain Hills,
as recorded in book 155 of maps,page 21 records of Maricopa County,andas more particularly
described inF.xhihitA,attached heretoand incorporated hereinby reference,areherebydeclaredto
be abandoned bytheTown.Certainlots within this subdivision are subject to lot-to-lot drainage
runoff.The property owner ofLot 31 is required topassthe developed flows generated bythe
upstream lots across their property.
SECTION 2.That this Resolution is one of abandonment and disclaimer bythe Town
solelyforthe purpose of removing any potential cloud onthetitletosaid property andthatthe
Towninnoway attempts toaffecttherights of any private partyto oppose the abandonment or
assertanyright resulting therefromor existing previous toanyactionbythe Town.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2003-54,605A-4-31 EA03-13.doc
PASSED AND ADOPTED BY the Mayor and Council ofthe Town of Fountain Hills,
October 2,2003.
FOR THE TOWN O^FOUNTAIN HILLS:ATTESTED TO:
'Mk >ui*OM
W.J.Nicho}$,Mayor Bevelyn J.Bender Town Clerk
REVIEWED APPROVED AS TO FORM:
Tim G.Pickering,Town Managei
K ^x^.
Andrew J.McGuire,Town Attorney
c
Resolution 2003-54.605A-4-31 EA03-13.doc
LOT 33
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SCALE:1"=40'
DATE:8-19-03
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 605-A BLOCK 4 LOT 31
LOT 32
ABANDON
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LOT 30
LOT 29
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RESOLUTION 2003-55
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST IT HAS IN THE CERTAIN TEN (10')
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE
SOUTHERLY LOT LINE OF LOT 19,BLOCK 1,OF PLAT 602A,
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 161OF MAPS,
PAGE 42,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,the Mayor andCounciloftheTown of Fountain Hills(the 'Town Council"),
asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the 'Town"),may
requirethededicationofpublicstreets,sewer,water,drainage,andotherutilityeasementsorrights-
of-waywithinany proposed subdivision;and
WHEREAS,theTownCouncilhastheauthoritytoacceptorrejectoffersofdedicationof
private property by easement,deed,subdivision,plator other lawful means;and
WHEREAS,allpresentutilitycompanieshavereceivednotificationoftheproposed
abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HULLS,as follows:
SFCTTON 1Thataportionofthecertainten(10)footpublicutilityanddrainage
easements,located along the southerly property lines of Plat 602A,Block 1,Lot19,Fountain Hills,
as recorded inbook 161 of maps,page42records of Maricopa County,andasmore particularly
described inF.xhihit A,attached hereto and incorporated herein by reference,arehereby declared to
be abandoned bythe Town.Certainlotswithinthis subdivision are subject tolot-to-lotdrainage
runoff.The property owner of Lot19isrequiredtopassthe developed flows generated bythe
upstream lots across their property.
SF.CTTON ?..That this Resolution isoneof abandonment and disclaimer bytheTown
solelyforthe purpose of removing anypotential cloud onthetitletosaidpropertyandthatthe
Town innoway attempts toaffecttherightsofany private partyto oppose the abandonment or
assertanyright resulting there fromor existing previous toany action bythe Town.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2003-55,602A-1-19 EA03-14.doc
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
October 2,2003.
FOR THE TOWN OF/FOUNTAIN HILLS:ATTESTED TO:
W.J.Nichors,Mayor Bevelyn J.Bender,TownClerk
REVIEWED BY APPROVED AS TO FORM:
Tim G.Pickering,Town Manager
Vo^
Andrew J.McGuire,Town Attorney
Resolution 2003-55.602A-1-19 EA03-14.doc
^^§giy
\i$^S
&*&
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 602-A BLOCK 1 LOT 19
vfe<$>
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LOT 18
E
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SCALE:1"=40'
DATE:8-19-03
fc
BLOCK1
LOT 19
ABANDON 10'
P.U.E &D.E.
LOT 31
1&0
LOT 20
LOT 30
RESOLUTION 2003-56
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT,
TITLE,OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN
(10')FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG
THE NORTHERLY LOT LINE OF LOT 7,BLOCK 1,OF PLAT 605D,
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 164 OF MAPS,
PAGE 15,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,the Mayor and Council of theTown of Fountain Hills(the 'Town Council"),
asthegoverningbodyofrealpropertylocatedintheTown of Fountain Hills(the 'Town"),may
requirethededicationofpublicstreets,sewer,water,drainage,and other utilityeasementsorrights-
of-way within any proposed subdivision;and
WHEREAS,theTownCouncilhastheauthorityto accept orrejectoffersofdedicationof
private property by easement,deed,subdivision,plator other lawful means;and
WHEREAS,allpresentutility companies have received notification oftheproposed
abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,as follows:
SF.CTTON 1 That a portion of thecertainten(10)footpublicutilityanddrainage
easements,generallylocatedalongthe northerly lotline of Plat 605D,Block 1,Lot7,Fountain
Hills,as recorded in book 164 of maps,page 15 records of Maricopa County andmore particularly
described inF.xhihit A3 attached hereto and incorporated herein by reference,are hereby declared to
be abandoned bytheTown.Certain lotswithinthis subdivision are subject tolot-to-lotdrainage
runoff.The property owner ofLot7is required topassthe developed flows generated bythe
upstream lotsacrosstheirproperty.
SFCTTON 7 That this Resolution isone of abandonment and disclaimer bythe Town
solelyforthepurposeof removing anypotentialcloudonthetitletosaidpropertyandthatthe
Towninnowayattemptstoaffecttherightsofanyprivatepartytoopposetheabandonmentor
assertanyrightresultingtherefromor existing previoustoanyactionbytheTown.
[SIGNATURES ON FOLLOWING PAGE]
L
PASSED AND ADOPTED BY theMayorandCouncilofthe Town of Fountain Hills,
October 2,2003.
FOR THE FFOUNTAIN HILLS:ATTESTED TO:
Bevelyn J.Bender;Town ClerkW.J.Nichols,Mayo
APPROVED AS TO FORM:
Tim G.Pickering,Town Mam Andrew J.McGuire,Town Attorney
\
L
%
%
LOT9
%
LOT 42
N
W-#W-£
SCALE:,T=40'
DATE:,3-19-03
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 605-D BLOCK 1 LOT 7
.OT 8
*w
LOT 14
&
ABANDON 10'
P.U.E &D.E.
BLOCK 1
LOT 7
LOT6
LOT 15
LOT5
RESOLUTION 2003-57
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST IT HAS IN THE CERTAIN TEN (10')
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE
SOUTHERLY LOT LINE OF LOT 32,BLOCK 1,OF PLAT 505C,
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 158OF MAPS,
PAGE 42,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,the Mayor and Council of the Town of Fountain Hills(the "Town Council"),
asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the"Town"),may
requirethededicationofpublicstreets,sewer,water,drainage,andotherutilityeasementsorrights-
of-waywithinany proposed subdivision;and
WHEREAS,theTownCouncilhastheauthoritytoacceptorrejectoffers of dedication of
private property by easement,deed,subdivision,plat or other lawfulmeans;and
WHEREAS,allpresentutilitycompanieshavereceivednotificationoftheproposed
abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAttJ HILLS,as follows:
SF.CTTON 1Thataportion of thecertainten(10)footpublicutilityanddrainage
easements,located along the southerly property lotline of Plat505C,Block 1,Lot32,Fountain
Hills,as recorded in book 158 of maps,page42 records of Maricopa County,andasmore
particularly described inF.xhihit A,attached hereto and incorporated hereinby reference,arehereby
declared tobe abandoned bythe Town.Certain lots within this subdivision are subject to lot-to-lot
drainagerunoff.The property owner of Lot32is required topassthe developed flows generated by
the upstream lots across their property.
SFCTTON 2,That this Resolution isone of abandonment and disclaimer bythe Town
solelyforthepurposeofremovinganypotentialcloudonthetitletosaidpropertyandthatthe
Towninnoway attempts toaffecttherights of any private partyto oppose the abandonment or
assertany right resulting there fromor existing previous toanyactionbythe Town.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2003-57,505C-1-32 EA03-16.doc
PASSED AND ADOPTED BY the Mayor and Council oftheTown of Fountain Hills,
October 2,2003.
7
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
Bevelyn J.Bender,(Town Clerk
APPROVED AS TO FORM:
/,
Timtj.PickeringrTown Mamiser Andrew J.McGuire,Town Attorney
c
Resolution 2003-57,505C-1-32 EA03-16.doc
L
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 505-C BLOCK 1 LOT 32
LOT 45
LOT 33
N
w{E
s
SCALE:1"=
DATE:9-05
•-40'
-03
^Dgp
LOT 46
Qr
*%?*
BLOCK
LOT 32
ABANDON
P.U.E &D
LOT 28
LOT 47
I!«
c
xll^i/
Xj&frau^'
RESOLUTION 2003-58
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST IT HAS IN A PORTION OF THE
CERTAIN TWENTY (20')FOOT PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE NORTHEASTERLY LOT LINE OF LOT 26,
BLOCK 9,OF PLAT 111,FOUNTAIN HILLS,ARIZONA,AS RECORDED
IN BOOK 150OF MAPS,PAGE 12,RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS,theMayorandCounciloftheTownofFountainHills(the"TownCouncil"),
asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the"Town"),may
requirethededicationofpublicstreets,sewer,water,drainage,andotherutilityeasementsorrights-
of-waywithinany proposed subdivision;and
WHEREAS,theTownCouncilhastheauthoritytoacceptorrejectoffersofdedicationof
private property by easement,deed,subdivision,plator other lawfulmeans;and
WHEREAS,allpresentutilitycompanieshavereceivednotificationoftheproposed
abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HELLS,as follows:
SF.CTTON 1Thataportionofthecertaintwenty(20)footpublicutilityanddrainage
easements,located along the northeasterly property lotline of Plat 111,Block 9,Lot26,Fountain
Hills,as recorded in book 150 of maps,page12 records of Maricopa County,andas more
particularly described inF.xhihitA,attached hereto and incorporated hereinby reference,are hereby
declared tobe abandoned bythe Town.Certain lots within this subdivision are subject to lot-to-lot
drainagerunoff.The property owner of Lot26is required topassthe developed flows generated by
the upstream lots across their property.
SHCTTON 2,That this Resolution isone of abandonment and disclaimer bythe Town
solelyforthe purpose of removing any potential cloud onthetitletosaid property andthatthe
Towninnoway attempts toaffecttherights of any private partyto oppose the abandonment or
assertanyright resulting therefromor existing previous toanyactionbytheTown.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2003-58,111-9-26 EA03-17.doc
^
L
C
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
October 2,2003.
.
FOR THE TOWWOF FOUNTAIN HILLS:ATTESTED TO:
W.J.Nichols,Mayor
REVIEWED
Tim G.Pickering,Town Manager
Resolution 2003-58.111-9-26 EA03-17.doc
J^^J^U^JM
Bevelyn J.Bender,Town Clerk
APPROVED AS TO FORM:
jbL
Andrew J.McGuire,Town Attorney
c
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 111 BLOCK 9 LOT 26