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z:\council packets\2011\r8-4-11\emcfd\110804emcfda.doc Last printed 7/28/2011 8:07 AM
NOTICE OF REGULAR SESSION OF THE
EAGLE MOUNTAIN COMMUNITY
FACILITIES DISTRICT BOARD [EMCFD]
WHEN: THURSDAY, AUGUST 4, 2011
TIME: 6:20 P.M.
WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Members of the Eagle Mountain Community Facilities 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 record ing is made,
the District Board will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.
CALL TO ORDER AND ROLL CALL. – District Board Chairman Jay T. Schlum
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 Eagle Mountain Community Facilities District Board
meeting MINUTES of June 16, 2011.
2. CONSIDERATION of RESOLUTION EMCFD 2011-03, levying upon the assessed valuation
of the property within the District subject to ad valorem taxation a certain sum upon each one
hundred dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in
the annual budget, specifically for the purpose of paying principal and interest upon bonded
indebtedness; all for Fiscal Year ending on June 30, 2012.
3. ADJOURNMENT.
DATED this 28th day of July 2011.
Bevelyn J. Bender, Town Clerk
The Eagle Mountain Community Facilities 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 fur nished
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\2011\r8-4-11\emcfd\110804emcfda.doc Last printed 7/28/2011 8:07 AM
NOTICE OF REGULAR SESSION OF THE
EAGLE MOUNTAIN COMMUNITY
FACILITIES DISTRICT BOARD [EMCFD]
WHEN: THURSDAY, AUGUST 4, 2011
TIME: 6:20 P.M.
WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Members of the Eagle Mountain Community Facilities 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 record ing is made,
the District Board will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.
CALL TO ORDER AND ROLL CALL. – District Board Chairman Jay T. Schlum
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 Eagle Mountain Community Facilities District Board
meeting MINUTES of June 16, 2011.
2. CONSIDERATION of RESOLUTION EMCFD 2011-03, levying upon the assessed valuation
of the property within the District subject to ad valorem taxation a certain sum upon each one
hundred dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in
the annual budget, specifically for the purpose of paying principal and interest upon bonded
indebtedness; all for Fiscal Year ending on June 30, 2012.
3. ADJOURNMENT.
DATED this 28th day of July 2011.
Bevelyn J. Bender, Town Clerk
The Eagle Mountain Community Facilities 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 fur nished
with this agenda are available for review in the Clerk’s office and on the Town’s website [www.fh.az.gov].
1536475.1
RESOLUTION EMCFD NO. 2011-03
A RESOLUTION OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES
DISTRICT BOARD LEVYING UPON THE ASSESSED VALUATION OF THE
PROPERTY WITHIN THE DISTRICT SUBJECT TO AD VALOREM
TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS
($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNTS
ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET,
SPECIFICALLY FOR THE PURPOSE OF PAYING PRINCIPAL AND
INTEREST UPON BONDED INDEBTEDNESS; ALL FOR FISCAL YEAR
ENDING ON JUNE 30, 2012.
WHEREAS, in accordance with ARIZ. REV. STAT. § 48-723 and following published
notice, a public hearing was conducted on June 16, 2011, at which hearing (i) any taxpayer was
privileged to appear and be heard in favor of or against any of the proposed tax levies and (ii) the
Eagle Mountain Community Facilities District (the “District”) Board adopted the annual budget for
the District.
NOW THEREFORE, BE IT RESOLVED BY THE CHAIRMAN AND BOARD OF
THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT, MARICOPA COUNTY,
ARIZONA, as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. There is hereby levied on each one hundred dollars ($100.00) of the assessed
value of all taxable property, both real and personal, within the District and not exempt from
taxation, an ad valorem property tax rate of one dollar and fifty cents ($1.5000), or such other rate as
determined by the Treasurer to be sufficient to raise the aggregate amount of $421,610.00 for the
purpose of paying principal and interest on bond indebtedness for the District for the fiscal year
ending June 30, 2012.
SECTION 3. No failure by the County Official of Maricopa County, Arizona, to properly
return the delinquent list and no irregularity in the assessment or omission in the same, or
irregularity of any kind in any proceedings shall invalidate such proceedings or invalidate any title
conveyed by any tax deed; nor shall any failure or neglect of any officer or officers to perform any
of the duties assigned to him or to them on the day within time specified work an invalidation of any
proceedings or of any such deed or sale or affect 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 with this Resolution are
hereby repealed.
1536475.1
2
SECTION 5. The District Clerk is hereby directed to transmit a certified copy of this
Resolution to the Board of Supervisors of Maricopa County, Arizona and to the Arizona
Department of Revenue.
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 Chairman, 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 Chairman and Board of the Eagle Mountain Community
Facilities District, Maricopa County, Arizona, on August 4, 2011.
Jay T. Schlum, District Chairman
ATTEST:
Bevelyn J. Bender, District Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, District Counsel