HomeMy WebLinkAboutEMCFD 2018-03RESOLUTION 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 ARIZ. 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 ARIZ. 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.
h a M. Kav nagh, DistrictUhairperson
ATTEST:
APPROVED AS TO FORM:
Mite a el, Interim District Counsel
Di' so right PLLC
PHOENIX 77018-1 469379v2
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 _t;�; Ayes,y
Nays, and that the Chairperson and 5' board members were present thereat.
Bevelyn J. B de istrict Clerk
Eagle Mountain Community Facilities District
PHOENIX 77018-1 469379v2