HomeMy WebLinkAboutRes 2017-41RESOLUTION NO. 2017-41
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, CONTINUING THE MCDOWELL MOUNTAIN
PRESERVE COMMISSION, A COMMISSION APPOINTED BY THE COUNCIL, AND
ADOPTING AMENDED BYLAWS FOR ITS GOVERNANCE.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS AS FOLLOWS:
SECTION I The McDowell Mountain Preservation Commission (the "MMPC") is
hereby continued to advise the Town Council and the Town Manager regarding matters
pertaining to the McDowell Mountain Preserve, until such time as the MMPC is consolidated or
abolished by the Town Council. The MMPC shall be a regularly scheduled commission and
shall consist of seven members who shall be appointed and hold their seats in accordance with
Section 9 of the Town Council Rules of Procedure, as amended; provided, however, that the
currently seated members shall continue in their positions until December 31, 2018.
SECTIONS 2 The Amended Bylaws for the MMPC are hereby approved in the form
attached hereto as Exhibit A and incorporated herein by reference.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
November 21, 2017.
FOR THE TOWN OF FOUNTAIN HILLS:
r-A.ad6nr�4
inda M. Ka anagh, Ma r
REVIEWED BY:
f
Grady E.' ler, own Manger
ATTESTED TO:
APPROVED AS TO FORM:
D' nso right PLLC
Town Attorneys
EXHIBIT A
MMPC BYLAWS
MCDOWELL MOUNTAIN PRESERVATION COMMISSION
AMENDED BYLAWS
I. Established
There shall be a McDowell Mountain Preservation Commission (the "MMPC") for the
Town, which shall consist of seven members.
II. Powers and Duties
The MMPC shall have the powers and duties to:
A. Act in advisory capacity to the Town Council and Town Manager in all matters
pertaining to the McDowell Mountain Preservation.
B. Act as liaison between the Town Council and the Sonoran Conservancy.
C. Consider provisions of the Town's annual budget for the MMPC purposes during
the process of the preparation of the budget and make recommendations with
respect thereto to the Community Services Director.
D. Assist in the planning of programs for the citizens of the Town; promote and
stimulate public interest in the McDowell Mountain Preserve.
E. Advise the Community Services Director with respect to the acceptance of
money, personal property or real estate donated or offered to the Town for
McDowell Mountain preservation purposes.
F. Perform such other duties not inconsistent with these Bylaws as may be requested
by the Town Council.
III. Membership
A. Appointments to the MMPC shall be made by the Town Council from among
residents of the Town. Appointees shall be registered voters within the Town and
eighteen years of age or older.
B. Current members will have their term extended until 12/31/18. Appointments
made after 12/31/18 shall be for a term of three years. However, the terms of the
seven members shall be staggered between two and three years. Members
appointed shall so classify themselves by agreement or lot so that each succeeding
January 1, the above guidelines are followed.
C. Three successive unexcused or unexplained absences from any regular or special
meeting shall be grounds for removal at the will and pleasure of the Town
Council, without the necessity of a hearing or notice, and such action shall be
final.
IV. Organization; Meetings
A. As soon as practicable following the first day of January of each year, the MMPC
shall organize by electing one of its members to serve as the presiding officer at
the pleasure of the MMPC. The MMPC may appoint other offices (e.g., vice
chair, secretary, etc.) as may be required. The presiding officer shall serve in that
position for one year and may be re-elected by the MMPC.
B. The affirmative vote of a majority of the MMPC shall be necessary for it to take
any action except to adjourn.
V. Compensation
The members of the MMPC shall serve without compensation for their services as such
but may receive reimbursement for necessary travel and other expenses incurred on
official duty with appropriate prior authorization.
VI. Removal from office; Filing of Vacancies
A. The Town Council may remove any member of the MMPC from office at any
time.
B. Any vacancies in the MMPC, from whatever cause arising, shall be filled by
appointment by the Mayor and Town Council. Upon a vacancy occurring,
leaving an unexpired portion of a term, any appointment to fill such vacancy shall
be for the unexpired portion of said term.
VII. Ex -Officio Members
The Mayor, with the consent of the Town Council, may from time to time appoint ex -
officio members to the MMPC. Such members shall serve at the pleasure of the Mayor
and Town Council. Ex -officio members shall not be entitled to vote on any matter
brought before the MMPC.
PHOENIX 77018-1 407223v3