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HomeMy WebLinkAbout150507CMDP z:\council packets\2015\r150507\cmd\150507cmda.docx Last printed 4/30/2015 11:28 AM NOTICE OF SPECIAL SESSION OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD WHEN: THURSDAY, MAY 7, 2015 TIME: IMMEDIATELY FOLLOWING ADJOURNMENT OF THE 6:25 PM EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD SPECIAL SESSION, AND PRIOR TO THE REGULAR MEETING OF THE TOWN OF FOUNTAIN HILLS TOWN COUNCIL WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS 16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwoods Maintenance District and to the general public that the District Board of the Cottonwoods Maintenance District will hold a special session open to the public, which will begin immediately after the adjournment of the 6:25 PM Eagle Mountain Facilities District Board Special Session and prior to the May 7, 2015 Fountain Hills Town Council meeting. Members of the Cottonwoods Maintenance District Board will attend either in person or by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Board meeting. “Notice is hereby given that pursuant to A.R.S. §1 -602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the District Board are audio and/or video recorded, and, as a result, proceedings in which children are present may be subject to such recording. Parents in order to exercise their rights may either file written consent with the District Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the District Board will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.” AGENDA  CALLED TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh  CALL TO THE PUBLIC. Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restrictions. The Directors will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the “Call to the Public”, individual Directors may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda. 1. CONSIDERATION of approving the Cottonwoods Maintenance District Board MEETING MINUTES of June 19, 2014. 2. PUBLIC HEARING regarding RESOLUTION CMD 2015-01, approving the Tentative Budget of the District for the Fiscal Year beginning July 1, 2015, and ending June 30, 2016, and setting a hearing date for the budget and annual assessments. 3. CONSIDERATION of RESOLUTION CMD 2015-01, approving the Tentative Budget of the District for the Fiscal Year beginning July 1, 2015, and ending June 30, 2016, and setting a hearing date for the budget and annual assessments. 4. ADJOURNMENT. DATED this 30th day of April, 2015. Bevelyn J. Bender, District Clerk The Cottonwoods Maintenance District, in cooperation with the Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 voice or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished with this agenda are available for review in the Clerk ’s office and on the Town’s website [www.fh.az.gov]. z:\council packets\2015\r150507\cmd\150507cmda.docx Last printed 4/30/2015 11:28 AM NOTICE OF SPECIAL SESSION OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD WHEN: THURSDAY, MAY 7, 2015 TIME: IMMEDIATELY FOLLOWING ADJOURNMENT OF THE 6:25 PM EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD SPECIAL SESSION, AND PRIOR TO THE REGULAR MEETING OF THE TOWN OF FOUNTAIN HILLS TOWN COUNCIL WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS 16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwoods Maintenance District and to the general public that the District Board of the Cottonwoods Maintenance District will hold a special session open to the public, which will begin immediately after the adjournment of the 6:25 PM Eagle Mountain Facilities District Board Special Session and prior to the May 7, 2015 Fountain Hills Town Council meeting. Members of the Cottonwoods Maintenance District Board will attend either in person or by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Board meeting. “Notice is hereby given that pursuant to A.R.S. §1 -602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the District Board are audio and/or video recorded, and, as a result, proceedings in which children are present may be subject to such recording. Parents in order to exercise their rights may either file written consent with the District Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the District Board will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.” AGENDA  CALLED TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh  CALL TO THE PUBLIC. Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restrictions. The Directors will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the “Call to the Public”, individual Directors may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda. 1. CONSIDERATION of approving the Cottonwoods Maintenance District Board MEETING MINUTES of June 19, 2014. 2. PUBLIC HEARING regarding RESOLUTION CMD 2015-01, approving the Tentative Budget of the District for the Fiscal Year beginning July 1, 2015, and ending June 30, 2016, and setting a hearing date for the budget and annual assessments. 3. CONSIDERATION of RESOLUTION CMD 2015-01, approving the Tentative Budget of the District for the Fiscal Year beginning July 1, 2015, and ending June 30, 2016, and setting a hearing date for the budget and annual assessments. 4. ADJOURNMENT. DATED this 30th day of April, 2015. Bevelyn J. Bender, District Clerk The Cottonwoods Maintenance District, in cooperation with the Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 voice or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished with this agenda are available for review in the Clerk ’s office and on the Town’s website [www.fh.az.gov]. 2373620.3 RESOLUTION CMD 2015-01 A RESOLUTION OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD, MARICOPA COUNTY, ARIZONA, APPROVING THE TENTATIVE BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2015, AND ENDING JUNE 30, 2016, AND SETTING A HEARING DATE FOR THE ANNUAL ASSESSMENTS AND BUDGET. BE IT RESOLVED by the Board of Directors of the Cottonwoods Maintenance District, Maricopa County, Ari zona, as fo ll ows: SECTION 1. The statements and schedules attached as Exhibit A and incorporated herein by this reference, are hereby approved for the purpose as hereinafter set forth as the tentative budget for the Cottonwoods Maintenance District, Maricopa County, Arizona, (the “District”) for the fiscal year 2015-16. The statements and estimates of the operation and maintenance expenses of the District, the costs of capital improvements and other expenditures for public infrastructure of the District (collectively, the “Di strict Expenditures”) are hereby filed with the District Clerk. SECTION 2. The District Clerk is hereby authorized and directed to cause to be (i) mailed to the governing body of the Town of Fountain Hills and all persons owning real property within the District and (ii) published in the manner prescribed by law, a notice in substantially the form attached hereto as Exhibit A , that the District Board will meet for the purpose of conducting a hearing for District taxpayers on the statements and estimates of Distr i ct Expenditures filed with the Distri ct Clerk, including the annual assessments and on the adopti on of the 2015-16 Annual Budget for the District; said hearing to be conducted on June 4, 2015, at the hour of 6:25 p.m. in the District offices (the Council Chambers at Fountain Hills Town Hall), 16705 E. Avenue of the Fountains, Fountain Hills, Ariz ona 85268. At the conclusion of the hearing, the District Board shall pass upon any objecti on s and shall adopt the Final Budget for the District; final approval of the Tax L evy for the District shall follow on June 18, 2015, at the same time and place. PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance Distri ct, Maricopa County, Ari zona, on May 7, 2015. __________________________________ Linda M. Kavanagh, District Chairperson ATTEST: Bevelyn J. Bender, District Clerk APPROVED AS TO FORM: Andrew J. McGuire, District Counsel 2373620.3 EXHIBIT A TO RESOLUTION CMD 2015-01 [Notice/Tentative Budget] See following page. 2373620.3 NOTICE The taxpayers of the Cottonwoods Maintenance District (District) are hereby notified that the Board of Directors will hold a public meeting on June 4, 2015, at 6:25 p.m. at the District offices located at 16705 E. Avenue of the Fountains, Fountain Hills, Arizona, when and where any taxpayers of the District will be heard in favor of, or against, any of the proposed expenditures for the Cottonwoods Maintenance District, after which the foregoing estimates as modified or as now existing, will be assessed by the Board as the basis for the 2015/2016 budget. Taxpayers may file written objections at any time prior to the hearing, and the Board of Directors shall hear and pass upon any objections at the hearing. Copies of the tentative 2015/2016 District budget may be viewed prior to the June 4, 2015, meeting at the District Clerk’s office, the Town of Fountain Hills website, and the Fountain Hills branch of the Maricopa County Library. COTTONWOODS MAINTENANCE DISTRICT PROPOSED BUDGET FISCAL YEAR 2015-2016 For the Year Ended Revenues June 30, 2016 Tax Levy at $92.51 per Property Owner $5,366 TOTAL $5,366 Expenses Annual Landscape Maintenance Cost $4,015 Annual Reserve for Exterior Wall Maintenance 1,073 Reserve Fund 250 Administrative Cost 28 TOTAL $5,366 KMM:jh2 2369324.1 4/22/2015 B-2 owners of land in the District, failure or inability of owners to complete proposed development of such land, bankruptcy and foreclosure delays and the probable lack of any secondary market for the Bonds. The undersigned acknowledges that it is experienced in transactions such as those relating to the Bonds and that the undersigned is knowledgeable and fully capable of independent evaluation of the risks involved in investing in the Bonds. The undersigned is not relying on the District or the Town in making its decision to purchase the Bonds and agrees that the Town is not obligated in any manner for the issuance or payment of the Bonds. 7.The undersigned acknowledges that the District,the Town and the respective officers, directors, council members, advisors, employees and agents of either of the foregoing have not undertaken to furnish, nor has the undersigned requested, any information or to ascertain the accuracy or completeness of any information that may have been furnished by any other party. 8.This certificate and all rights and responsibilities described in it shall be governed by, and interpreted in accordance with, the laws of the State of Arizona. The federal and state courts of the State of Arizona shall have sole and exclusive jurisdiction over any dispute arising from the purchase and sale of the Bonds. _________________________________________ [PURCHASER] By_______________________________________ Printed Name:__________________________________ Title:_________________________________________