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HomeMy WebLinkAbout150618CMDPz:\council packets\2015\r150618\cmd\150618cmda.docx Last printed 6/11/2015 9:42 AM NOTICE OF SPECIAL SESSION OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD WHEN: THURSDAY, JUNE 18, 2015 TIME: IMMEDIATELY FOLLOWING ADJOURNMENT OF THE 6:25 PM EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD SPECIAL SESSION, AND PRIOR TO THE REGULAR SESSION 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 June 18, 2015 Fountain Hills Town Council Regular Session. 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 4, 2015. 2. CONSIDERATION of RESOLUTION CMD 2015-03, assessing upon the individual lots and parcels within the District, a certain sum sufficient to raise the amount estimated to be required in the annual budget, to provide funds for maintenance of certain pedestrian areas, parking and parkways, all for Fiscal Year beginning July 1, 2015, and ending June 30, 2016. 3. ADJOURNMENT. DATED this 11th day of June, 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\r150618\cmd\150618cmda.docx Last printed 6/11/2015 9:42 AM NOTICE OF SPECIAL SESSION OF THE COTTONWOODS MAINTENANCE DISTRICT BOARD WHEN: THURSDAY, JUNE 18, 2015 TIME: IMMEDIATELY FOLLOWING ADJOURNMENT OF THE 6:25 PM EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD SPECIAL SESSION, AND PRIOR TO THE REGULAR SESSION 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 June 18, 2015 Fountain Hills Town Council Regular Session. 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 4, 2015. 2. CONSIDERATION of RESOLUTION CMD 2015-03, assessing upon the individual lots and parcels within the District, a certain sum sufficient to raise the amount estimated to be required in the annual budget, to provide funds for maintenance of certain pedestrian areas, parking and parkways, all for Fiscal Year beginning July 1, 2015, and ending June 30, 2016. 3. ADJOURNMENT. DATED this 11th day of June, 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]. 2405640.1 RESOLUTION CMD 2015-03 A RESOLUTION OF THE BOARD OF THE COTTONWOODS MAINTENANCE DISTRICT ASSESSING UPON THE INDIVIDUAL LOTS AND PARCELS WITHIN THE DISTRICT A CERTAIN SUM SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR MAINTENANCE OF CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS, ALL FOR THE FISCAL YEAR BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2016. WHEREAS, in accordance with ARIZ. REV. STAT. §§ 48-574 and 48-575, and following published notice, public hearings were conducted on May 7, 2015, and June 4, 2015, at which hearings any taxpayer was permitted to appear and be heard regarding the 2015-16 annual budget for the Cottonwoods Maintenance District (the “District”); thereafter, the District Board adopted Resolution CMD 2015-02, approving the annual District budget; and WHEREAS, pursuant to ARIZ. REV. STAT. §§ 48-574 and 48-575, the District Board desires to levy such amounts as necessary for the 2015-16 annual District budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COTTONWOODS MAINTENANCE DISTRICT, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. There is hereby levied on each lot and tax parcel listed in the attached Exhibit A, which is incorporated herein by this reference, within the limits of the District the amount listed on Exhibit A, which amount is sufficient to raise the aggregate amount of $5,366 for the purpose of providing maintenance for certain pedestrian areas, parking and parkways for the fiscal year ending June 30, 2016. SECTION 3. Failure by the officials of Maricopa County, Arizona, to properly return the delinquent list, any irregularity in the assessments or omissions in the same, or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any title conveyed by any tax or foreclosure deed; failure or neglect of any officer or officers to timely perform any of the duties assigned to him or to them, shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment and levy of taxes or of the judgment or sale by which the collection of the same may be enforced or in any manner affect the lien of the District upon such property for the delinquent taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for collecting of taxes or the foreclosure, and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed. 2405640.1 2 SECTION 5. The District Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the Maricopa County Board of Supervisors and to the Maricopa County Assessor. SECTION 6. If any provision of this Resolution is for any reason held by any court of competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed separate, distinct, and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Resolution. SECTION 7. The District Chairperson, the District Clerk and the District Counsel are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance District, Maricopa County, Arizona, on June 18, 2015. Linda M. Kavanagh, District Chairperson ATTEST: Bevelyn J. Bender, District Clerk APPROVED AS TO FORM: Andrew J. McGuire, District Counsel 2405640.1 EXHIBIT A TO RESOLUTION CMD 2015-03 [Lot/Tax Parcel List; Levy Amount] See following page. 2405640.1 Lot No. Tax Parcel No. Amount to be Levied* Lot No. Tax Parcel No. Amount to be Levied* 1 176-03-923 92.51$ 42 176-03-964 92.51$ 2 176-03-924 92.51$ 43 176-03-965 92.51$ 3 176-03-925 92.51$ 44 176-03-966 92.51$ 4 176-03-926 92.51$ 45 176-03-967 92.51$ 5 176-03-927 92.51$ 46 176-03-968 92.51$ 6 176-03-928 92.51$ 47 176-03-969 92.51$ 7 176-03-929 92.51$ 48 176-03-970 92.51$ 8 176-03-930 92.51$ 49 176-03-971 92.51$ 9 176-03-931 92.51$ 50 176-03-972 92.51$ 10 176-03-932 92.51$ 51 176-03-973 92.51$ 11 176-03-933 92.51$ 52 176-03-974 92.51$ 12 176-03-934 92.51$ 53 176-03-975 92.51$ 13 176-03-935 92.51$ 54 176-03-976 92.51$ 14 176-03-936 92.51$ 55 176-03-977 92.51$ 15 176-03-937 92.51$ 56 176-03-978 92.51$ 16 176-03-938 92.51$ 57 176-03-979 92.51$ 17 176-03-939 92.51$ 58 176-03-980 92.51$ 18 176-03-940 92.51$ 19 176-03-941 92.51$ 20 176-03-942 92.51$ 21 176-03-943 92.51$ 22 176-03-944 92.51$ 23 176-03-945 92.51$ 24 176-03-946 92.51$ 25 176-03-947 92.51$ 26 176-03-948 92.51$ 27 176-03-949 92.51$ 28 176-03-950 92.51$ 29 176-03-951 92.51$ 30 176-03-952 92.51$ 31 176-03-953 92.51$ 32 176-03-954 92.51$ 33 176-03-955 92.51$ 34 176-03-956 92.51$ 35 176-03-957 92.51$ 36 176-03-958 92.51$ 37 176-03-959 92.51$ 38 176-03-960 92.51$ 39 176-03-961 92.51$ 40 176-03-962 92.51$ 41 176-03-963 92.51$ * such sum may be paid in two installments, along with such parcel's other taxes