HomeMy WebLinkAbout180619EMCFDPNOTICE OF SPECIAL SESSION OF THE
EAGLE MOUNTAIN COMMUNITY
FACILITIES DISTRICT BOARD
WHEN: TUESDAY, JUNE 19, 2018
TIME: 5:25 P.M.
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 Eagle Mountain Community
Facilities District and to the general public that the District Board of the Eagle Mountain Community Facilities District will hold a
special session open to the public, which will begin immediately prior to the June 19, 2018, Cottonwoods Maintenance District Board
Meeting and Fountain Hills Town Council meeting.
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 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
CALL 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 Eagle Mountain Community Facilities District Board
MEETING MINUTES of June 5, 2018.
2. CONSIDERATION of RESOLUTION EMCFD 2018-03, 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 beginning on July 1, 2018, and ending on June 30, 2019.
3. ADJOURNMENT.
DATED this 7th day of June, 2018.
Bevelyn J. en r, District 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 fumished 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\2018\r180619\cmcfd\180619emcfda.doc Last printed 6/14/2018 7:14 AM
NOTICE OF SPECIAL SESSION OF THE
EAGLE MOUNTAIN COMMUNITY
FACILITIES DISTRICT BOARD
WHEN: TUESDAY, JUNE 19, 2018
TIME: 5:25 P.M.
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 Eagle Mountain Community
Facilities District and to the general public that the District Board of the Eagle Mountain Community Facilities District will hold a
special session open to the public, which will begin immediately prior to the June 19, 2018, Cottonwoods Maintenance District Board
Meeting and Fountain Hills Town Council meeting.
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 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
CALL 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 Eagle Mountain Community Facilities District Board
MEETING MINUTES of June 5, 2018.
2. CONSIDERATION of RESOLUTION EMCFD 2018-03, 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 beginning on July 1, 2018, and ending on June 30, 2019.
3. ADJOURNMENT.
DATED this 7th day of June, 2018.
Bevelyn J. en r, District 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 fumished 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\2018\r180619\cmcfd\180619emcfda.doc Last printed 6/14/2018 7:14 AM
TOWN OF FOUNTAIN HILLS
Eagle Mountain Community Facilities District (EMCFD)
AGENDA ACTION FORM
Meeting Date: 611912018 Meeting Type: Regular Session
Agenda Type: Regular Submitting Department: Community Services
Staff Contact Information: Bevelyn J. Bender, District Clerk, 480-816-5115, bbender@fh.az.gov
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the Eagle Mountain Community
Facilities District board meeting MINUTES from June 5, 2018.
Applicant: NA
Applicant Contact Information: NA
Owner: NA
Owner Contact Information: NA
Property Location: NA
Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01
Staff Summary (background):
The Intent of approving meeting minutes is to ensure an accurate account of the discussion and action taken at
that meeting for archival purposes. Approved minutes are placed on the Town's web site in compliance with
state law.
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact (initial and ongoing costs; budget status): NA
Budget Reference (page number): NA
Funding Source: NA
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Approve
List Attachment(s): None
SUGGESTED MOTION (for council use):
Move to approve the June 5, 2018 meeting minutes
Page t of 2
Prepared by:
Bavelyn a er, WfN'Z.9e�— — — — T17ff6TF---
Director's Approval:
Grady E. Miller, onager
Approved:
Gordy E. Mlller, q Aanager 6/1tYm
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TOWN OF FOUNTAIN HILLS
Eagle Mountain Community Facilities District
AGENDA ACTION FORM
Meeting Date: 611912018 Meeting Type: Special Session
Agenda Type: Regular Submitting Department: Administration
Staff Contact Information: Craig Rudolphy, District Finance Director, 480-816-5162, cmdolphy@fh.az.gov
REQUEST TO DISTRICT BOARD (Agenda Language): CONSIDERATION of RESOLUTION EMCFD 2018-03
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 amount estimated to be required
in the annual budget, specifically for the purpose of paying prinicpal and interest upon bonded indebtedness; all
for the fiscal year beginning July 1, 2018, and ending June 30, 2019.
Applicant:
Applicant Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background): The Eagle Mountain Community Facilities District (CFD) issued bonds in 1996 to
repay the costs associated with infrastructure improvements. The bonds are repaid annually from ad valorem
taxes collected from the residents of the community. The 2018 assessed value for Eagle Mountain CFD is
estimated to be $29,859,894. The FY 2017-18 debt service payment is $405,768. Therefore, a tax levy of
approximately $1.3724 per $100 of assessed valuation (compared to $1.2877 last year) will provide sufficient
revenue for the annual debt payment and administrative costs. The bonds will be retired in FY 2020-21.
Risk Analysis (options or alternatives With implications):
Fiscal Impact (Initial and ongoing costs: budget status): $410,026
Budget Reference (page number): p 327
Funding Source: NA
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: Y ® N ❑
Staff Recommendation(s): Approve
List Attachment(s): Resolution EMCFD 2018-03
SUGGESTED MOTION (for District seam use): Move to approve Resolution EMCFD 2018-03.
Page 1 of 2
Prepared by:
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enter a date.
Director{ Approval
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RESOLUTION EMCFD 2018-03
A RESOLUTION OF THE BOARD OF THE EAGLE MOUNTAIN
COMMUNITY FACILITIES DISTRICT, MARICOPA COUNTY, ARIZONA,
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 BEGINNING JULY 1, 2018, AND
ENDING ON JUNE 30, 2019.
WHEREAS, in accordance with Am. REv. STAT. § 48-716 and following published
notice, public hearings were conducted on May 1, 2018, and June 5, 2018, at which hearings any
taxpayer was permitted to appear and be heard regarding the 2018-19 annual budget for the Eagle
Mountain Community Facilities District, Maricopa County, Arizona (the "District");
WHEREAS, on June 5, 2018 the District Board adopted Resolution EMCFD 2018-02,
approving the District's annual budget; and
WHEREAS, in accordance with AM. REv. STAT. § 48-723, the District Board desires to
levy such amounts as necessary for the District's 2018-19 annual budget.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE 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 one hundred dollars ($100.00) of the assessed
value of all taxable property, both real and personal, within the corporate limits of the District and
not exempt from taxation, an ad valorem property tax rate of $1.3724, or such other rate as
determined by the Maricopa County Treasurer, to be sufficient to raise the aggregate amount of
$410,026, for the purpose of paying principal and interest on bonded indebtedness for the District
for the fiscal year beginning July 1, 2018 and ending June 30, 2019.
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.
PHOENIX 77018-1 469379v2
SECTION 4. All resolutions and parts of resolutions in conflict with this Resolution are
hereby repealed.
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 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 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 Eagle Mountain Community
Facilities District, Maricopa County, Arizona, June 19, 2018.
Linda M. Kavanagh, District Chairperson
ATTEST:
Bevelyn J. Bender, District Clerk
APPROVED AS TO FORM:
Mitesh V. Patel, Interim District Counsel
Dickinson Wright PLLC
2
PHOENIX 77018-1 489379v2
CERTIFICATION
I, Bevelyn J. Bender, the duly appointed Clerk of the Eagle Mountain Community Facilities
District, do hereby certify that the above and foregoing Resolution No. 2018-03 was duly passed
by the Chairperson and District Board of the Eagle Mountain Community Facilities District, at a
regular meeting held on June 19, 2018, and the roll call of the vote thereon was Ayes,
Nays, and that the Chairperson and board members were present thereat.
Bevelyn J. Bender, District Clerk
Eagle Mountain Community Facilities District
3
PHOENIX 77018-1469379x2