HomeMy WebLinkAbout110915PREVISED: 9/12/11
NOTICE OF THE EXECUTIVE
AND REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. – EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. – REGULAR SESSION
WHEN: THURSDAY, SEPTEMBER 15, 2011
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person o r by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Council 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 Town Council 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 Town 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 Town will assume that the rights afforded parents pursuant to A.R.S. § 1-
602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were rec eived either by the Clerk or
the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to
state their name prior to commenting and to direct their comments to the Presiding Officer and
not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker
chooses not to speak when called, the speaker will be deemed to have waived his or her
opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a
later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the
Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits
may be waived by (i) discretion of the Town Manager upon request by the speaker not less than
24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either
prior to or during a Meeting. Please be respectful when making your comments. If you do not
comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Councilmember Dennis Brown Councilmember Tait D. Elkie
Vice Mayor Dennis Contino Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
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EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Jay T. Schlum
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §38-
431.03(A)(4), discussion or consultation with the attorneys of the public body in order to
consider its position and instruct its attorneys regarding the public body’s position regarding
contracts that are the subject of negotiations, in pending or contemplated litigation or in
settlement discussions conducted in order to avoid or resolve litigation (specifically, related
to a proposed amendment to the Final Settlement Agreement with MCO Properties; and
related to Pure Medical Marijuana & Wellness Center II, Inc. v. Town of Fountain Hills).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Jim Ricketts, from North Chapel
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) PRESENTATION by Rey Valenzuela, Assistant Director of Elections with the
Maricopa County, relating to an overview of jurisdictional “ALL MAIL”
ELECTIONS AND HOW BALLOTS ARE PROCESSED.
ii) The Mayor will read a PROCLAMATION declaring September 17, 2011, as
"Constitution Commemoration Day."
iii) The Mayor will read a PROCLAMATION declaring September 26, 2011, Family
Day.
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 Council and (ii) is subject to reasonable
time, place, and manner restrictions. The Council 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 Councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
August 4, 9, and 18, 2011.
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Jing
Lu, Owner/Agent of K & C Evergreen LLC DBA Ha Ha China located at 11849 N Saguaro
Boulevard., Fountain Hills, AZ. This is for a series 12 license (Restaurant).
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3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Sarah Lynn Meredith, Owner/Agent of S & C Meredith, LLC DBA Alamo Saloon located at
11807 N Saguaro Blvd., Fountain Hills, AZ. This is for a series 06 license (Bar).
4. CONSIDERATION of approving the ACQUISITION OF CONTROL LIQUOR LICENSE
APPLICATION submitted by H. J. Lewkowitz, Agent, for the Sun Tech Development, LLC
DBA Club at Copperwynd, located at 13225 N. Eagle Ridge Drive, Fountain Hills, AZ.
This is for a series 11 license (Hotel/Motel).
5. CONSIDERATION of SPECIAL EVENTS being coordinated by the Town of Fountain
Hills Community Services Department: the MOVIE IN THE PARK (September 17, 2011);
BALLET UNDER THE STARS (September 25, 2011); the HOMECOMING PARADE
(October 5, 2011); and the HOMECOMING TAILGATE PARTY (October 7, 2010).
Saguaro Boulevard will be closed from Avenue of the Fountain to Palisades Boulevard for
the Movie in the Park and the Ballet Under the Stars events. Sections of Avenue of the
Fountains and Paul Nordin Parkway will be closed for the Homecoming Parade.
6. CONSIDERATION of a SPECIAL EVENT APPLICATION for the Oktoberfest presented
by the Town of Fountain Hills, Southwest German Society, Sons of AMVETS, and Fountain
Hills Elks Lodge #2846 to be held in Fountain Park on September 30-October 1, 2011.
7. CONSIDERATION of a SPECIAL EVENT APPLICATION submitted by Race Place
Events for the Tour de Scottsdale bicycle race scheduled for Sunday, October 2, 2011, from
8-10 a.m. with cyclists travelling through Fountain Hills southbound along Fountain Hills
Boulevard and Saguaro Boulevard, and westbound along Shea Boulevard.
8. CONSIDERATION of ACCEPTING the Third Amendment to the Hiking License
Agreement between the Town and MCO Properties for access to the McDowell Mountain
Preserve for guided hikes.
REGULAR AGENDA ITEMS
9. CONSIDERATION of APPOINTING three (3) applicants to the Planning and Zoning
Commission, for a two year term beginning October 1, 2011 and ending September 31,
2013.
10. CONSIDERATION of APPOINTING one youth to fill the Youth Commissioner vacancy
on the Strategic Planning Advisory Commission (SPAC) for a term expiring on June 30,
2013.
11. CONSIDERATION of accepting a BRONZE SCULPTURE entitled, Shima II, on loan
while a fundraising campaign is conducted, and to place the item on public display within
the Centennial Circle.
12. UPDATE by Jerry Butler, Chair of the Greening of the Downtown Committee, regarding
the NEXT PLANNED PHASE of plantings in Fountain Park, the status of developing
vacant downtown landscaped lots, and CONSIDERATION of a request to receive a
REFUND of $420 for monies previously paid for a landscape plan review.
13. PRESENTATION by the Fountain Hills Chamber Of Commerce, WITH DISCUSSION
AND POSSIBLE DIRECTION TO STAFF regarding the FY 2011/12 funding for
TOURISM.
14. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the annual $25
per unit commercial FIRE INSPECTION FEE as adopted in the FY10-11 fee schedule.
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15. CONSIDERATION of a CONTRACT with Christmas Light Decorators, in the amount of
$34,917.76, for DOWNTOWN HOLIDAY LIGHTS.
16. CONSIDERATION of an EXPENDITURE with Precision Electric Company, in the
amount of $41,394.48, for the repair of a motor and pump Fountain Lake.
17. CONSIDERATION of an EXPENDITURE with Berge Ford under the Pima County
Contract, in the amount of $37,950.95, for a chassis.
18. CONSIDERATION of an EXPENDITURE with Western Truck Equipment, in the amount
of $14,837.36, for a utility body.
19. CONSIDERATION of an EXPENDITURE with Waterous Arizona, in the amount of
$33,072.15, for a diesel powered Compressed Air Foam (CAF) pump assembly and tank.
20. CONSIDERATION of RESOLUTION 2011-33, declaring as a public record that certain
document filed with the Town Clerk and entitled “The 2010-11 Amendments to the Tax
Code of the Town of Fountain Hills”.
21. CONSIDERATION of ORDINANCE 11-12, adopting “The 2010-11 Amendments to the
Tax Code of the Town of Fountain Hills” by reference; establishing an effective date;
providing for severability and providing penalties for violations.
22. CONSIDERATION of RESOLUTION 2011-17, approving the transfer of investment
funds, in the amount of $15M, from the Arizona State Treasurers Local Government
Investment Pool (LGIP) to PFM Asset Management for the purpose of investing according
to the Town’s adopted investment policy.
23. COUNCIL DISCUSSION/DIRECTION to the Interim Town Manager/Finance Director
Julie Ghetti.
Items listed below are related only to the propriety of (i) placing such items on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
A. NONE.
24. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Interim
Town Manager/Finance Director Julie Ghetti.
25. ADJOURNMENT.
DATED this 8th day of September 2011.
Bevelyn J. Bender, Town Clerk
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 or to obtain agenda information in large print format. Supporting documentation and staff
reports furnished the Council with this agenda are available for review in the Clerk’s office.
REVISED: 9/12/11
NOTICE OF THE EXECUTIVE
AND REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. – EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. – REGULAR SESSION
WHEN: THURSDAY, SEPTEMBER 15, 2011
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills 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 Council 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 Town Council 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 Town 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 Town will assume that the rights afforded parents pursuant to A.R.S. § 1-
602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or
the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to
state their name prior to commenting and to direct their comments to the Presiding Officer and
not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker
chooses not to speak when called, the speaker will be deemed to have waived his or her
opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a
later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the
Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits
may be waived by (i) discretion of the Town Manager upon request by the speaker not less than
24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either
prior to or during a Meeting. Please be respectful when making your comments. If you do not
comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Councilmember Dennis Brown Councilmember Tait D. Elkie
Vice Mayor Dennis Contino Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Z:\Council Packets\2011\R9-15-11\110915A.docx Last printed 9/12/2011 11:01 AM Page 2 of 4
EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Jay T. Schlum
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §38-
431.03(A)(4), discussion or consultation with the attorneys of the public body in order to
consider its position and instruct its attorneys regarding the public body’s position regarding
contracts that are the subject of negotiations, in pending or contemplated litigation or in
settlement discussions conducted in order to avoid or resolve litigation (specifically, related
to a proposed amendment to the Final Settlement Agreement with MCO Properties; and
related to Pure Medical Marijuana & Wellness Center II, Inc. v. Town of Fountain Hills).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Jim Ricketts, from North Chapel
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) PRESENTATION by Rey Valenzuela, Assistant Director of Elections with the
Maricopa County, relating to an overview of jurisdictional “ALL MAIL”
ELECTIONS AND HOW BALLOTS ARE PROCESSED.
ii) The Mayor will read a PROCLAMATION declaring September 17, 2011, as
"Constitution Commemoration Day."
iii) The Mayor will read a PROCLAMATION declaring September 26, 2011, Family
Day.
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 Council and (ii) is subject to reasonable
time, place, and manner restrictions. The Council 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 Councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
August 4, 9, and 18, 2011.
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Jing
Lu, Owner/Agent of K & C Evergreen LLC DBA Ha Ha China located at 11849 N Saguaro
Boulevard., Fountain Hills, AZ. This is for a series 12 license (Restaurant).
Z:\Council Packets\2011\R9-15-11\110915A.docx Last printed 9/12/2011 11:01 AM Page 3 of 4
3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Sarah Lynn Meredith, Owner/Agent of S & C Meredith, LLC DBA Alamo Saloon located at
11807 N Saguaro Blvd., Fountain Hills, AZ. This is for a series 06 license (Bar).
4. CONSIDERATION of approving the ACQUISITION OF CONTROL LIQUOR LICENSE
APPLICATION submitted by H. J. Lewkowitz, Agent, for the Sun Tech Development, LLC
DBA Club at Copperwynd, located at 13225 N. Eagle Ridge Drive, Fountain Hills, AZ.
This is for a series 11 license (Hotel/Motel).
5. CONSIDERATION of SPECIAL EVENTS being coordinated by the Town of Fountain
Hills Community Services Department: the MOVIE IN THE PARK (September 17, 2011);
BALLET UNDER THE STARS (September 25, 2011); the HOMECOMING PARADE
(October 5, 2011); and the HOMECOMING TAILGATE PARTY (October 7, 2010).
Saguaro Boulevard will be closed from Avenue of the Fountain to Palisades Boulevard for
the Movie in the Park and the Ballet Under the Stars events. Sections of Avenue of the
Fountains and Paul Nordin Parkway will be closed for the Homecoming Parade.
6. CONSIDERATION of a SPECIAL EVENT APPLICATION for the Oktoberfest presented
by the Town of Fountain Hills, Southwest German Society, Sons of AMVETS, and Fountain
Hills Elks Lodge #2846 to be held in Fountain Park on September 30-October 1, 2011.
7. CONSIDERATION of a SPECIAL EVENT APPLICATION submitted by Race Place
Events for the Tour de Scottsdale bicycle race scheduled for Sunday, October 2, 2011, from
8-10 a.m. with cyclists travelling through Fountain Hills southbound along Fountain Hills
Boulevard and Saguaro Boulevard, and westbound along Shea Boulevard.
8. CONSIDERATION of ACCEPTING the Third Amendment to the Hiking License
Agreement between the Town and MCO Properties for access to the McDowell Mountain
Preserve for guided hikes.
REGULAR AGENDA ITEMS
9. CONSIDERATION of APPOINTING three (3) applicants to the Planning and Zoning
Commission, for a two year term beginning October 1, 2011 and ending September 31,
2013.
10. CONSIDERATION of APPOINTING one youth to fill the Youth Commissioner vacancy
on the Strategic Planning Advisory Commission (SPAC) for a term expiring on June 30,
2013.
11. CONSIDERATION of accepting a BRONZE SCULPTURE entitled, Shima II, on loan
while a fundraising campaign is conducted, and to place the item on public display within
the Centennial Circle.
12. UPDATE by Jerry Butler, Chair of the Greening of the Downtown Committee, regarding
the NEXT PLANNED PHASE of plantings in Fountain Park, the status of developing
vacant downtown landscaped lots, and CONSIDERATION of a request to receive a
REFUND of $420 for monies previously paid for a landscape plan review.
13. PRESENTATION by the Fountain Hills Chamber Of Commerce, WITH DISCUSSION
AND POSSIBLE DIRECTION TO STAFF regarding the FY 2011/12 funding for
TOURISM.
14. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the annual $25
per unit commercial FIRE INSPECTION FEE as adopted in the FY10-11 fee schedule.
Z:\Council Packets\2011\R9-15-11\110915A.docx Last printed 9/12/2011 11:01 AM Page 4 of 4
15. CONSIDERATION of a CONTRACT with Christmas Light Decorators, in the amount of
$34,917.76, for DOWNTOWN HOLIDAY LIGHTS.
16. CONSIDERATION of an EXPENDITURE with Precision Electric Company, in the
amount of $41,394.48, for the repair of a motor and pump Fountain Lake.
17. CONSIDERATION of an EXPENDITURE with Berge Ford under the Pima County
Contract, in the amount of $37,950.95, for a chassis.
18. CONSIDERATION of an EXPENDITURE with Western Truck Equipment, in the amount
of $14,837.36, for a utility body.
19. CONSIDERATION of an EXPENDITURE with Waterous Arizona, in the amount of
$33,072.15, for a diesel powered Compressed Air Foam (CAF) pump assembly and tank.
20. CONSIDERATION of RESOLUTION 2011-33, declaring as a public record that certain
document filed with the Town Clerk and entitled “The 2010-11 Amendments to the Tax
Code of the Town of Fountain Hills”.
21. CONSIDERATION of ORDINANCE 11-12, adopting “The 2010-11 Amendments to the
Tax Code of the Town of Fountain Hills” by reference; establishing an effective date;
providing for severability and providing penalties for violations.
22. CONSIDERATION of RESOLUTION 2011-17, approving the transfer of investment
funds, in the amount of $15M, from the Arizona State Treasurers Local Government
Investment Pool (LGIP) to PFM Asset Management for the purpose of investing according
to the Town’s adopted investment policy.
23. COUNCIL DISCUSSION/DIRECTION to the Interim Town Manager/Finance Director
Julie Ghetti.
Items listed below are related only to the propriety of (i) placing such items on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
A. NONE.
24. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Interim
Town Manager/Finance Director Julie Ghetti.
25. ADJOURNMENT.
DATED this 8th day of September 2011.
Bevelyn J. Bender, Town Clerk
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 or to obtain agenda information in large print format. Supporting documentation and staff
reports furnished the Council with this agenda are available for review in the Clerk’s office.
All Mail Balloting
How secure is it?
It is the most secure form of voting because we check each signature against the registration form. We will
send out a mailing prior to sending the ballots to ensure that the voter is still at the same location. We also have
new equipment that allows for us to track the packet all the way to the postman’s delivery truck so we can account
for all pieces mailed for any given election.
How are mail ballots processed/tabulated to ensure the confidentiality of the ballot for each voter?
Every mail in ballot is signature verified against the voters’ signatures on file from their voter registration
form(s). Voted ballots are secured within a signed and sealed early voting affidavit envelope that remains sealed
throughout the verification process until it is received by the citizen processing boards. Ballots that are verified as
being signed by the actual voter are batched and sent to these citizen boards whose makeup consists of two citizen
board members of differing political parties. The board members are then tasked with validating that all packets
received are noted on the batch sheet and then they proceed with verifying that all packets are intact and
unopened. They then separate the ballot from the signed affidavit envelope to maintain the secrecy of the voter’s
ballot. A final balancing audit is preformed and those ballots are then sent off for tabulation with transmittal slips
that designate the citizen boards that processed them.
How does it affect Prop 200?
It strengthens it. Prop 200 requires that every voter prove citizenship to register to vote and in a polling
place setting, that every voter provide identification to prove that they are the individual attempting to cast a
ballot. For the early voting process, “proof of identity” also occurs via the signature verification process. We check
every signature on every early voting affidavit to ensure that it matches against the signature on the voter’s
registration form.
How does mail-out (All Mail) election affect the voter?
The voter has more time to review the ballot at a time convenient to them. The All Mail ballots are postage
paid so voters would not incur any cost to return their ballot, not even the cost of gas to drive to the polls on
Election Day. Voters also have the added benefit of not having to rework their schedules to make it to the polls on
Election Day - just vote, seal, sign affidavit and drop in the mail, at their convenience OR deliver to any of the 4
office locations (Clerk’s office and our 3 valley wide locations) open throughout the election cycle as a drop-
off/replacement ballot site OR drop off at any polling place (special drop -off ballot box is available at all polling
places) for any other election being conducted on that November 8th election day.
No lines to stand in on Election Day. If you opt to hand deliver your voted All Mail ballot on Election Day or
any day prior to the Election Day, then simply enter any re-issue site in Maricopa County and drop off your ballot in
its signed and sealed affidavit envelope and you’re done.
Begin the Monday (October 17th) following the first day to mail (Thursday, October 13th), the Fountain Hills
Town Hall will be a re-issue/replacement ballot station and will provide an on-site ballot box for those voters who
do not wish to return their voted ballots through the mail.
The voter does not have to initiate a request to have their ballot mailed to them. Instead, the active voter
registration, for a particular election, is rolled into the system so to allow for a mailer packet to be generated. This
enables ALL eligible voters to receive and subsequently participate in the election process.
The All Mail Election process eliminates the issue of potential inaccessibility experienced by some voters.
Statistically, the All Mail process increases voter participation amongst voters such as the handicapped, elderly,
homebound and student voters.
It is statistically proven that voter turnout is increased through the All Mail Election process. This increase in
turnout reflects a true showing of the demographics of a community and therefore is a more accurate
representation of the people and the community as a whole.
How are the Candidates affected?
Although elections are primarily designed to service the constituents, it is not without notice that
candidates and campaigns have a need to convey to the voters their platform or issues within any given election.
Unlike the polling place election, which has voters voting from 26 days out (early voting) all the way
through until the day of the election (polling place voting), the All Mail Election has a specific predetermined date
as to when a voter will be seeing the ballot and consequently be able to cast their vote . This allows for candidates
and campaigns to better focus their resources and provides them with a specific date to do this by rather that than
an unknown and variable date.
What about those voters who want to vote in-person?
There will be re-issue/replacement ballot stations that the voter can go to so that they can vote
their ballot in-person, if they so choose. The added benefit is that they do not have to wait until Election Day to do
this, it can be done as far out as 26 days in advance (the first day to mail), all the way up to and on Election Day.
The Fountain Hills Town Hall will open as a re-issue/replacement ballot station on Monday, October 17th and the
County Elections Department will open on the first day to mail (Thursday, October 13th). Moreover, these
replacement ballot sites (Clerk’s office and our 3 valley wide locations) will be able to handle any voter from any
precinct so the voter can go to a site close to home, close to work or any one that happens to be in their immediate
vicinity throughout this voting period or the voter can simply drop off their voted ballot, sealed within their signed
affidavit envelope, at any of the sites because an on-site ballot box will be provided for those voters who do not
wish to return their voted ballots through the mail.
For the Town of Fountain Hills upcoming November election, Ballots begin mailing at 26 days prior (Thursday,
October 13th) to the November 8th election day. Voters should be instructed to anticipate this first day to mail and
to await their ballot to be received in the mail before coming in to request a replacement ballot. If the ballot is not
received then they should come into Town Hall to vote a replacement ballot but this is a rare occurrence and for
the most part, if the ballot is not received by mail, it is more than likely an issue with the address we have on file
for the voter (e.g. moved without updating their registration, misspelling on address provided or not actual
registered to vote).
What if the voter spoils the ballot?
There will be replacement ballot stations that they can go to for ballot replacement. If it occurs early
enough in the cycle we can mail them a replacement ballot.
What happens if they mail them both in? Only the first one is counted. Our returning process and
equipment only allows for one ballot per voter to be returned. Once a ballot is returned, it systematically locks out
any other ballots sent to that voter from being returned.
Election Cost Savings
For a Town of Fountain Hills election there is a substantial savings for an All Mail election versus a polling
place election. In addition to the extra cost for early balloting, for a polling place election board workers have to be
hired; staff recruiters have to locate these board workers; board workers have to be trained; supplies have to be
delivered to the polling locations and so on.
For jurisdictional elections, the savings depends on the current cost of their on-the-ground elections (up to
$1.37 per voter) plus the cost for every early ballot that is sent ($2.12). If early voting is h igh in a given election,
then the jurisdiction is paying $1.37 plus the $2.12 for that given voter. In an All Mail election, the only cost is the
$2.12 per voter, there is no additional per voter cost since there is not on -the-ground or polling place supplies that
need to be provided.
For the Town of Fountain Hills, the All Mail Election cost savings is:
AS OF 7/26/2011 VOTER REGISTRATION TOTALS FOR THE TOWN OF FOUNTAIN HILLS = 16,286
AS OF 8/3/2011 PEVL TOTALS FOR THE TOWN OF FOUNTAIN HILLS = 8,521
ON-THE-GROUND (POLLING PLACE) ELECTION COST ALL-MAIL ELECTION COST
16,286 registered voters X $1.37 per voter = $22,311.82 16,286 registered voters X $2.12 per voter = $34,526.32
8,521 PEVL voters X $2.12 per voter = $18,064.52
ESTIMATED ON THE GROUND TOTAL COST = $40,376.34
Maricopa County’s statistics show that most polling place elections currently see 65% of their elections
already being conducted via the mail-out (Early Voting) process and for some, as high as 90% (e.g. City of Phoenix).
What this means is that most jurisdictions conducting polling place elections are already expending the cost for at
least 65% of the ballots to be mailed out ($2.12 per mail out) in addition to paying for 100% of the polling places to
be setup ($1.37 per voter).
Will the results be faster?
Yes, there are no provisional or conditional ballots to be processed. Unofficial results are released on
Election Day exactly at 8pm, no waiting for multiple polling places to close to provide these results.
Those ballots dropped off on Election Day or voted at the Replacement Ballot site (Clerk’s office and our 3
valley wide locations) will still need to be processed the following morning. Therefore, “official” final election
results will not be provided until this has been completed. However, even when you do account for this post-
processing need, the All Mail election results can potential still be released sooner than polling place results since
all that is being waited on is the final tabulation of these post-processed ballots.
There is no need to hold or await conditional provisional ballot validation which, for polling place elections,
requires that final election results not be reported until a certain timeframe has passed that allows voters to come
in to validate their identity in order for their conditional provisional ballot to count. Only once that timeframe has
passed for a polling place election (5 days for a general election and 3 days for all other elections) can the election
be closed and finalized. Again, this is not the case for an All Mail election.
Redacted
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“An Official Arizona Centennial Legacy Project”
State Centennial Celebration -February 14, 2012
Town Council Update
September 15, 2011
VISION PLAN
The Greening of Downtown
Expand Shade Areas
and Improve the Ambiance
of the Downtown Area and Fountain Park
No Money –No Staff
Just a Dream
Activities Began 2 Years Ago
(35 Serve on Volunteer Committee)
Raised $166,000
(Donations and In-Kind Services)
Fountain Park Enhancements Include
94 Trees
Low-Water Demonstration Garden
Wildflower Garden
Two Island Improvements
Three Commemorative Columns
Accomplishments to Date
Accomplishments to Date
94 TREES
40 Trees near
Performance
Pad
18 Trees
East of
Veteran’s
Memorial
36 Trees
along Interior
Walkway in Park
Accomplishments to Date
40 near
Performance
Pad
TWO GARDENS
Low-Water
Demonstration
Garden
Wildflower Garden
Volunteers Made
It Happen
Maintained by Volunteer Master Gardeners
Maintained by Volunteer
Botanical Garden Club
Accomplishments to Date
TWO ISLAND IMPROVEMENTS
18 East of
Veterans
MemorialShore Bird Island
Great Blue Heron Island
on West Side of Park
A Beneficiary
Accomplishments to Date
THREE COMMEMORATIVE COLUMNS
18 East of
Veteran’s
Memorial
More Donations can now be Acknowledged
In Fountain Park
40 Trees
Landscaping at the Commemorative Columns
Performance Pad Landscaping
Enhancements to Duck Island
Refurbishing the Gardens
In Downtown Corridor
Demonstration Landscape Project
on the Avenue of the Fountains
(Temporary Landscape 3 Vacant Lots)
Assist with Centennial Circle
Planned Improvements
Fall 2011
Planned Improvements
Fall 2011
40 TREES
Provide Shade for
Interior Sidewalk
on West Side of Park
Add Shade to 7 Benches
Planned Improvements
Fall 2011
COLUMN AREA LANDSCAPING
Add Pavers
and
Landscaping
Planned Improvements
Fall 2011
PERFORMANCE PAD LANDSCAPING
Enhance Area Between
Sidewalk and Lake
Improve Seating Ambiance
Planned Improvements
Fall 2011
THIRD ISLAND & GARDENS
Add More Plants
to the Gardens
Clean-up Duck Island
on North Side of Lake
Planned Improvements
Fall 2011
DOWNTOWN CORRIDOR
VACANT LOT LANDSCAPING
Enhance Pedestrian ExperienceDemonstration
Project Site
Lot Owners: Elizabeth Matej-Horchem
and Tom Gatto
Design: Four Peaks Landscape
Architecture
Maintenance: Plat 208 POA
Water: Chaparral Water Co.
Planned Improvements
Fall 2011
DOWNTOWN CORRIDOR
CENTENNIAL CIRCLE LANDSCAPING
Landscape
Partner
More to Come …
The Greening Committee is only
Completing its Second Year
We’re not Finished!
More Improvements are in the Planning Stage
Fountain Park
Downtown Corridor
Urban Demonstration Garden
& Learning Center
VISION PLAN
Accomplishments Made Possible by these Major Contributors
Organized and Promoted by
Community Volunteers
The Greening of Downtown
Allied Waste
Arizona Forestry Division
Chamber of Commerce
Chaparral Water Co.
Coates, Carol & Sid
Community Foundation
Connick Architecture
Cultural & Civic Association
Dirkse, Rachel
FH Times
Fresh Ideas
Four Peaks Landscape Architecture
Four Peaks Rotary
Hansen, Barbara & Fred
Langston Family Foundation
Loisi, Anna & Guy
Meridian Bank
Miles, Jackie & Jerry
Nichols, Shella & Wally
Paulsen, Ginny
Plat 208 POA
Public Art Committee
Rotary Club of Fountain Hills
SRP
Sanitary District
Science Center of Inquiry
Steel Crest Registers & Grilles
Town of Fountain Hills
Weinacht, Ellen & Don
Fountain Hills & Fort McDowell
Visitors Bureau
A division of the Fountain Hills Chamber of Commerce
A Destination Marketing
Organization serving
Fountain Hills, Fort
McDowell & The Verdes
The Value of Visitors
2006 visitor spending in Fountain Hills and
Fort McDowell equaled $103 million
Visitor Impacts –Fountain Hills:
–Spending: $49.1 Million
–Earnings: $13.7 Million
–Employment: 470
–Town of FH Tax Receipts: $1.3 million
Source: Dean Runyan Associates, 2006
Visitor Bureau Objectives
Position Fountain Hills as a vibrant, base camp destination
featuring diverse assets:
–Fountain/Downtown/Vibrant Community
–Golf –Sonoran Desert Golf Trail
–Desert Experience/Outdoor Adventure
–Festivals/Events/Museum/Public Art
–Meetings/Weddings
–Resorts/Hotels
Increase overnight stays
Increase non-resident day trip visitors and resident
patronage of FH businesses.
Build resident understanding and support for tourism as
important to economic vitality.
2011/12 Strategy & Tactics
Revitalize branding of Fountain Hills
Develop new website as a comprehensive destination
portal
Launch brand positioning with new website
Implement integrated digital online marketing strategy
Ongoing focus on art/events & golf markets for high-
value visitors
Further develop the weddings niche market
Seek cooperative marketing opportunities to leverage
dollars
2011/12 Strategy & Tactics
Access meetings/events/group tour markets via industry
trade associations
Utilize affiliations (AOT, CVBs, CTA Network etc.) to
promote the destination
Produce & distribute key publications at trade shows,
events & area businesses:
–Visitors Guide
–Dining Guide
–Calendar of Events
–Wedding Guide
Digital Marketing
New Website
–Provide enhanced content and interactivity
–Search Engine Optimization
–Blog/news article platform
–Simplified targeted navigation
–Rich photography & video
–Commenting and feedback features for users
–Advertising and sponsorship opportunities
–Marketing tools and resources for businesses
–Mobile website integration
–Analytics –measuring ROI
Digital Marketing (con’t)
E-mail database & integrated marketing platform
Social Media enhancements (Facebook, Twitter, LinkedIn,
Blog)
Travel site affiliations (Trip Advisor, A-Position etc.)
Increase reciprocal links
Advertising –Print (5,000,000+ Imps)
Phoenix Magazine
GOLF Magazine
AZ Official Visitors Guide
The Valley Guide
Phoenix Map FH/FM Inset
AZ Meetings & Events
Inside Golf –Canada
AZ Finest Weddings
AZ Collectors Guide
Key Arizona
Visit Phoenix Official
Visitors Guide
Fulfillment
Visitors’ Guide 2012
40,000 Distributed in 400+
locations:
–Airports –PHX, private
Aviation
–Hotels
–Car rental
–CVBs
–Visitor Information centers
–Area Businesses
Affiliations
Town of Fountain Hills
Fort McDowell Yavapai Nation
Arizona Office of Tourism
Western Association of CVBs
Greater Phoenix CVB
Scottsdale CVB
Industry Trade Associations
Budget Overview
Town Funding $ 103,000
Tribal Grant 45,000
Chamber Funding 50,000
State Grant 8,000
Other/Co-ops 5,000
Total $ 218,000
Principle Deliverables
New Website
New Destination Brand & Launch
Print Advertising and Media Relations/PR
Consumer Impressions (20+ Million)
THANK YOU!
1541153.2
RESOLUTION NO. 2011-33
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT
CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED
THE “2010-11 AMENDMENTS TO THE TAX CODE OF THE TOWN OF
FOUNTAIN HILLS.”
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That certain document entitled the “2010-11 Amendments to the Tax Code
of the Town of Fountain Hills” of which three copies each are on file in the office of the Town
Clerk and open for public inspection during normal business hours, is hereby declared to be a
public record, and said copies are ordered to remain on file with the Town Clerk.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
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 Mayor and Council of the Town of Fountain Hills,
Arizona, September 15, 2011.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Julie Ghetti, Interim Town Manager Andrew J. McGuire, Town Attorney
1573302.2
2010-11 AMENDMENTS
TO THE
TAX CODE
OF THE
TOWN OF FOUNTAIN HILLS
1573302.2
2010-2011 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF FOUNTAIN HILLS
Section 1. Section 8A-100 of the Tax Code of the Town of Fountain Hills is amended to
read:
Sec. 8A-100. General definitions.
For the purposes of this Chapter, the following definitions apply:
"Assembler" means a person who unites or combines products, wares, or articles of manufacture
so as to produce a change in form or substance of such items without changing or altering
component parts.
"Broker" means any person engaged or continuing in business who acts for another for a
consideration in the conduct of a business activity taxable under this Chapter, and who receives
for his principal all or part of the gross income from the taxable activity.
"Business" means all activities or acts, personal or corporate, engaged in and caused to be
engaged in with the object of gain, benefit, or advantage, either direct or indirect, but not casual
activities or sales.
"Business Day" means any day of the week when the Tax Collector's office is open for the public
to conduct the Tax Collector's business.
"Casual Activity or Sale" means a transaction of an isolated nature made by a person who neither
represents himself to be nor is engaged in a business subject to a tax imposed by this
Chapter. However, no sale, rental, license for use, or lease transaction concerning real property
nor any activity entered into by a business taxable by this Chapter shall be treated, or be exempt,
as casual. This definition shall include sales of used capital assets, provided that the volume and
frequency of such sales do not indicate that the seller regularly engages in selling such property.
"Combined Taxes" means the sum of all applicable Arizona Transaction Privilege and Use
Taxes; all applicable transportation taxes imposed upon gross income by this County as
authorized by Article III, Chapter 6, Title 42, Arizona Revised Statutes; and all applicable taxes
imposed by this Chapter.
"Commercial Property" is any real property, or portion of such property, used for any purpose
other than lodging or lodging space, including structures built for lodging but used otherwise,
such as model homes, apartments used as offices, etc.
"Communications Channel" means any line, wire, cable, microwave, radio signal, light beam,
telephone, telegraph, or any other electromagnetic means of moving a message.
1573302.2 2
"Construction Contracting" refers to the activity of a construction contractor.
"Construction Contractor" means a person who undertakes to or offers to undertake to, or
purports to have the capacity to undertake to, or submits a bid to, or does himself or by or
through others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish
any building, highway, road, railroad, excavation, or other structure, project, development, or
improvement to real property, or to do any part thereof. "Construction contractor" includes
subcontractors, specialty contractors, prime contractors, and any person receiving consideration
for the general supervision and/or coordination of such a construction project except for
remediation contracting. This definition shall govern without regard to whether or not the
construction contractor is acting in fulfillment of a contract.
"Delivery (of Notice) by the Tax Collector" means "receipt (of notice) by the taxpayer".
"Delivery, Installation, or Other Direct Customer Services" means services or labor, excluding
repair labor, provided by a taxpayer to or for his customer at the time of transfer of tangible
personal property; provided further that the charge for such labor or service is separately billed
to the customer and maintained separately in the taxpayer's books and records.
"Engaging", when used with reference to engaging or continuing in business, includes the
exercise of corporate or franchise powers.
"Equivalent Excise Tax" means either:
(1) a Privilege or Use Tax levied by another Arizona municipality upon the transaction in
question, and paid either to such Arizona municipality directly or to the vendor; or
(2) an excise tax levied by a political subdivision of a state other than Arizona upon the
transaction in question, and paid either to such jurisdiction directly or to the vendor; or
(3) an excise tax levied by a Native American Government organized under the laws of the
federal government upon the transaction in question, and paid either to such jurisdiction
directly or to the vendor.
"Federal Government" means the United States Government, its departments and agencies; but
not including national banks or federally chartered or insured banks, savings and loan
institutions, or credit unions.
"Food" means any items intended for human consumption as defined by rules and regulations
adopted by the Department of Revenue, State of Arizona, pursuant to A.R.S. Section 42-5106.
Under no circumstances shall "food" include alcoholic beverages or tobacco, or food items
purchased for use in conversion to any form of alcohol by distillation, fermentation, brewing, or
other process. UNDER NO CIRCUMSTANCES SHALL “FOOD” INCLUDE AN EDIBLE
PRODUCT, BEVERAGE, OR INGREDIENT INFUSED, MIXED, OR IN ANY WAY
1573302.2 3
COMBINED WITH MEDICAL MARIJUANA OR AN ACTIVE INGREDIENT OF MEDICAL
MARIJUANA.
"Hotel" means any public or private hotel, inn, hostelry, tourist home, house, motel, rooming
house, apartment house, trailer, or other lodging place within the Town offering lodging,
wherein the owner thereof, for compensation, furnishes lodging to any transient, except foster
homes, rest homes, sheltered care homes, nursing homes, or primary health care facilities.
"Job Printing" means the activity of copying or reproducing an article by any means, process, or
method. "Job printing" includes engraving of printing plates, embossing, copying,
micrographics, and photo reproduction.
"Lessee" includes the equivalent person in a rental or licensing agreement for all purposes of this
Chapter.
"Lessor" includes the equivalent person in a rental or licensing agreement for all purposes of this
Chapter.
"Licensing (for Use)" means any agreement between the user ("licensee") and the owner or the
owner's agent ("licensor") for the use of the licensor's property whereby the licensor receives
consideration, where such agreement does not qualify as a "sale" or "lease" or "rental"
agreement.
"Lodging (Lodging Space)" means any room or apartment in a hotel or any other provider of
rooms, trailer spaces, or other residential dwelling spaces; or the furnishings or services and
accommodations accompanying the use and possession of said dwelling space, including storage
or parking space for the property of said tenant.
"Manufactured Buildings" means a manufactured home, mobile home or factory built building,
as defined in A.R.S. Section 41-2142.
"Manufacturer" means a person engaged or continuing in the business of fabricating, producing,
or manufacturing products, wares, or articles for use from other forms of tangible personal
property, imparting to such new forms, qualities, properties, and combinations.
“MEDICAL MARIJUANA” MEANS “MARIJUANA” USED FOR A “MEDICAL USE” AS
THOSE TERMS ARE DEFINED IN A.R.S. SECTION 36-2801.
"Mining and Metallurgical Supplies" means all tangible personal property acquired by persons
engaged in activities defined in Section 8A-432 for such use. This definition shall not include:
(1) janitorial equipment and supplies.
(2) office equipment, office furniture, and office supplies.
1573302.2 4
(3) motor vehicles licensed for use upon the highways of the State.
"Modifier" means a person who reworks, changes, or adds to products, wares, or articles of
manufacture.
"Nonprofit Entity" means any entity organized and operated exclusively for charitable purposes,
or operated by the Federal Government, the State, or any political subdivision of the State.
"Occupancy (of Real Property)" means any occupancy or use, or any right to occupy or use, real
property including any improvements, rights, or interests in such property.
"Out-of-Town Sale" means the sale of tangible personal property and job printing if all of the
following occur:
(1) transference of title and possession occur without the Town; and
(2) the stock from which such personal property was taken was not within the corporate
limits of the Town; and
(3) the order is received at a permanent business location of the seller located outside the
Town; which location is used for the substantial and regular conduct of such business sales
activity. In no event shall the place of business of the buyer be determinative of the situs of
the receipt of the order.
For the purpose of this definition it does not matter that all other indicia of business occur within
the Town, including, but not limited to, accounting, invoicing, payments, centralized purchasing,
and supply to out-of-Town storehouses and out-of-Town retail branch outlets from a primary
storehouse within the Town.
"Out-of-State Sale" means the sale of tangible personal property and job printing if all of the
following occur:
(1) The order is placed from without the State of Arizona; and
(2) the property is delivered to the buyer at a location outside the State; and
(3) the property is purchased for use outside the State.
"Owner-Builder" means an owner or lessor of real property who, by himself or by or through
others, constructs or has constructed or reconstructs or has reconstructed any improvement to
real property.
1573302.2 5
"Person" means an individual, firm, partnership, joint venture, association, corporation, estate,
trust, receiver, syndicate, broker, the Federal Government, this State, or any political subdivision
or agency of this State. For the purposes of this Chapter, a person shall be considered a distinct
and separate person from any general or limited partnership or joint venture or other association
with which such person is affiliated. A subsidiary corporation shall be considered a separate
person from its parent corporation for purposes of taxation of transactions with its parent
corporation.
"Prosthetic" means any of the following tangible personal property if such items are prescribed
or recommended by a licensed podiatrist, chiropractor, dentist, physician or surgeon, naturopath,
optometrist, osteopathic physician or surgeon, psychologist, hearing aid dispenser, physician
assistant, nurse practitioner or veterinarian:
(1) any man-made device for support or replacement of a part of the body, or to increase
acuity of one of the senses. Such items include: prescription eyeglasses; contact lenses;
hearing aids; artificial limbs or teeth; neck, back, arm, leg, or similar braces.
(2) insulin, insulin syringes, and glucose test strips sold with or without a prescription.
(3) hospital beds, crutches, wheelchairs, similar home health aids, or corrective shoes.
(4) drugs or medicine, including oxygen.
(5) equipment used to generate, monitor, or provide health support systems, such as
respiratory equipment, oxygen concentrator, dialysis machine.
(6) durable medical equipment which has a Federal Health Care Financing Administration
common procedure code, is designated reimbursable by Medicare, can withstand repeated
use, is primarily and customarily used to serve a medical purpose, is generally not useful to a
person in the absence of illness or injury and is appropriate for use in the home.
(7) UNDER NO CIRCUMSTANCES SHALL “PROSTHETIC” INCLUDE MEDICAL
MARIJUANA REGARDLESS OF WHETHER IT IS SOLD OR DISPENSED PURSUANT
TO A PRESCRIPTION, RECOMMENDATION, OR WRITTEN CERTIFICATION BY
ANY AUTHORIZED PERSON.
"Qualifying Community Health Center"
(1) means an entity that is recognized as nonprofit under Section 501(c)(3) of the United
States Internal Revenue Code, that is a community-based, primary care clinic that has a
community-based board of directors and that is either:
(a) the sole provider of primary care in the community.
1573302.2 6
(b) a nonhospital affiliated clinic that is located in a federally designated medically
underserved area in this State.
(2) includes clinics that are being constructed as qualifying community health centers.
"Qualifying Health Care Organization" means an entity that is recognized as nonprofit under
Section 501(c) of the United States Internal Revenue Code and that uses, saves or invests at least
eighty percent (80%) of all monies that it receives from all sources each year only for health and
medical related educational and charitable services, as documented by annual financial audits
prepared by an independent certified public accountant, performed according to generally
accepted accounting standards and filed annually with the Arizona Department of Revenue.
Monies that are used, saved or invested to lease, purchase or construct a facility for health and
medical related education and charitable services are included in the eighty percent (80%)
requirement.
"Qualifying Hospital" means any of the following:
(1) a licensed hospital which is organized and operated exclusively for charitable purposes,
no part of the net earnings of which inures to the benefit of any private shareholder or
individual.
(2) a licensed nursing care institution or a licensed residential care institution or a residential
care facility operated in conjunction with a licensed nursing care institution or a licensed
kidney dialysis center, which provides medical services, nursing services or health related
services and is not used or held for profit.
(3) a hospital, nursing care institution or residential care institution which is operated by the
federal government, this State or a political subdivision of this State.
(4) a facility that is under construction and that on completion will be a facility under
subdivision (1), (2) or (3) of this paragraph.
"Receipt (of Notice) by the Taxpayer" means the earlier of actual receipt or the first attempted
delivery by certified United States mail to the taxpayer's address of record with the Tax
Collector.
"Remediation" means those actions that are reasonable, necessary, cost-effective and technically
feasible in the event of the release or threat of release of hazardous substances into the
environment such that the waters of the State are or may be affected, such actions as may be
necessary to monitor, assess and evaluate such release or threat of release, actions of
remediation, removal or disposal of hazardous substances or taking such other actions as may be
necessary to prevent, minimize or mitigate damage to the public health or welfare or to the
waters of the State which may otherwise result from a release or threat of release of a hazardous
1573302.2 7
substance that will or may affect the waters of the State. Remediation activities include the use
of biostimulation with indigenous microbes and bioaugmentation using microbes that are
nonpathogenic, nonopportunistic and that are naturally occurring. Remediation activities may
include community information and participation costs and providing an alternative drinking
water supply.
"Rental Equipment" means tangible personal property sold, rented, leased, or licensed to
customers to the extent that the item is actually used by the customer for rental, lease, or license
to others; provided that:
(1) the vendee is regularly engaged in the business of renting, leasing, or licensing such
property for a consideration; and
(2) the item so claimed as "rental equipment" is not used by the person claiming the
exemption for any purpose other than rental, lease, or license for compensation, to an extent
greater than fifteen percent (15%) of its actual use.
"Rental Supply" means an expendable or nonexpendable repair or replacement part sold to
become part of "rental equipment", provided that:
(1) the documentation relating to each purchased item so claimed specifically itemizes to the
vendor the actual item of "rental equipment" to which the purchased item is intended to be
attached as a repair or replacement part; and
(2) the vendee is regularly engaged in the business of renting, leasing, or licensing such
property for a consideration; and
(3) the item so claimed as "rental equipment" is not used by the person claiming the
exemption for any purpose other than rental, lease, or license for compensation, to an extent
greater than fifteen percent (15%) of its actual use.
"Repairer" means a person who restores or renews products, wares, or articles of manufacture.
"Resides within the Town" means in cases other than individuals, whose legal addresses are
determinative of residence, the engaging, continuing, or conducting of regular business activity
within the Town.
"Restaurant" means any business activity where articles of food, drink, or condiment are
customarily prepared or served to patrons for consumption on or off the premises, also including
bars, cocktail lounges, the dining rooms of hotels, and all caterers. For the purposes of this
Chapter, a "fast food" business, which includes street vendors and mobile vendors selling in
public areas or at entertainment or sports or similar events, who prepares or sells food or drink
for consumption on or off the premises is considered a "restaurant", and not a "retailer".
1573302.2 8
"Retail Sale (Sale at Retail)" means the sale of tangible personal property, except the sale of
tangible personal property to a person regularly engaged in the business of selling such property.
"Retailer" means any person engaged or continuing in the business of sales of tangible personal
property at retail.
"Sale" means any transfer of title or possession, or both, exchange, barter, conditional or
otherwise, in any manner or by any means whatsoever, including consignment transactions and
auctions, of property for a consideration. "Sale" includes any transaction whereby the
possession of such property is transferred but the seller retains the title as security for the
payment of the price. "Sale" also includes the fabrication of tangible personal property for
consumers who, in whole or in part, furnish either directly or indirectly the materials used in
such fabrication work.
"Solar Daylighting" means a device that is specifically designed to capture and redirect the
visible portion of the solar beam, while controlling the infrared portion, for use in illuminating
interior building spaces in lieu of artificial lighting.
"Solar Energy Device" means a system or series of mechanisms designed primarily to provide
heating, to provide cooling, to produce electrical power, to produce mechanical power, to
provide solar daylighting or to provide any combination of the foregoing by means of collecting
and transferring solar generated energy into such uses either by active or passive means,
including wind generator systems that produce electricity. Solar energy systems may also have
the capability of storing solar energy for future use. Passive systems shall clearly be designed as
a solar energy device, such as a trombe wall, and not merely as a part of a normal structure, such
as a window.
"Speculative Builder" means either:
(1) an owner-builder who sells or contracts to sell, at any time, improved real property (as
provided in Section 8A-416) consisting of:
A)(a) custom, model, or inventory homes, regardless of the stage of completion of such
homes; or
B)(b) improved residential or commercial lots without a structure; or
(2) an owner-builder who sells or contracts to sell improved real property, other than
improved real property specified in subsection (1) above:
A)(a) prior to completion; or
B)(b) before the expiration of twenty-four (24) months after the improvements of the real
property sold are substantially complete.
1573302.2 9
"Substantially Complete" means the construction contracting or reconstruction contracting:
1. has passed final inspection or its equivalent; or
2. certificate of occupancy or its equivalent has been issued; or
3. is ready for immediate occupancy or use.
"Supplier" means any person who rents, leases, licenses, or makes sales of tangible personal
property within the Town, either directly to the consumer or customer or to wholesalers, jobbers,
fabricators, manufacturers, modifiers, assemblers, repairers, or those engaged in the business of
providing services which involve the use, sale, rental, lease, or license of tangible personal
property.
"Tax Collector" means the Town Manager or his designee or agent for all purposes under this
Chapter.
"Taxpayer" means any person liable for any tax under this Chapter.
"Taxpayer Problem Resolution Officer" means the individual designated by the Town to perform
the duties identified in Sections 8A-515 and 8A-516. In cities with a population of 50,000 or
more, the Taxpayer Problem Resolution Officer shall be an employee of the Town. In cities with
a population of less than 50,000, the Taxpayer Problem Resolution Officer need not be an
employee of the Town. Regardless of whether the Taxpayer Problem Resolution Officer is or is
not an employee of the Town, the Taxpayer Problem Resolution Officer shall have substantive
knowledge of taxation. The identity of and telephone number for the Taxpayer Problem
Resolution Officer can be obtained from the Tax Collector.
"Telecommunication Service" means any service or activity connected with the transmission or
relay of sound, visual image, data, information, images, or material over a communications
channel or any combination of communications channels.
"Transient" means any person who either at the person's own expense or at the expense of
another obtains lodging space or the use of lodging space on a daily or weekly basis, or on any
other basis for less than thirty (30) consecutive days.
"Utility Service" means the producing, providing, or furnishing of electricity, electric lights,
current, power, gas (natural or artificial), or water to consumers or ratepayers
Section 2. Section 8A-415 of the Tax Code of the Town of Fountain Hills is amended to
read:
1573302.2 10
Sec. 8A-415. Construction contracting: construction contractors.
(a) The tax rate shall be at an amount equal to two and sixth tenths percent (2.6%) of the
gross income from the business upon every construction contractor engaging or
continuing in the business activity of construction contracting within the Town.
(1) However, gross income from construction contracting shall not include
charges related to groundwater measuring devices required by A.R.S. Section 45-
604.
(2) (Reserved)
(3) gross income from construction contracting shall not include gross income
from the sale of manufactured buildings taxable under Section 8A-427.
(4) For taxable periods beginning from and after July 1, 2008, the portion of gross
proceeds of sales or gross income attributable to the actual direct costs of
providing architectural or engineering services that are incorporated in a contract
is not subject to tax under this Section. For the purposes of this subsection, "direct
costs" means the portion of the actual costs that are directly expended in
providing architectural or engineering services.
(b) Deductions and exemptions.
(1) Gross income derived from acting as a "subcontractor" shall be exempt from
the tax imposed by this Section.
(2) All construction contracting gross income subject to the tax and not deductible
herein shall be allowed a deduction of thirty-five percent (35%).
(3) The gross proceeds of sales or gross income attributable to the purchase of
machinery, equipment or other tangible personal property that is exempt from or
deductible from privilege or use tax under:
(A) Section 8A-465, subsections (g) and (p)
(B) Section 8A-660, subsections (g) and (p)
shall be exempt or deductible, respectively, from the tax imposed by this
Section.
(4) The gross proceeds of sales or gross income that is derived from a contract
entered into for the installation, assembly, repair or maintenance of income-
producing capital equipment, as defined in Section 8A-110, that is deducted from
the retail classification pursuant to Section 8A-465(g), that does not become a
permanent attachment to a building, highway, road, railroad, excavation or
manufactured building or other structure, project, development or improvement
shall be exempt from the tax imposed by this Section. If the ownership of the
realty is separate from the ownership of the income-producing capital equipment,
the determination as to permanent attachment shall be made as if the ownership
was the same. The deduction provided in this paragraph does not include gross
proceeds of sales or gross income from that portion of any contracting activity
which consists of the development of, or modification to, real property in order to
facilitate the installation, assembly, repair, maintenance or removal of the income-
producing capital equipment. For purposes of this paragraph, "permanent
attachment" means at least one of the following:
(A) to be incorporated into real property.
(B) to become so affixed to real property that it becomes part of the real
1573302.2 11
property.
(C) to be so attached to real property that removal would cause substantial
damage to the real property from which it is removed.
(5) The gross proceeds of sales or gross income received from a contract for the
construction of an environmentally controlled facility for the raising of poultry for
the production of eggs and the sorting, or cooling and packaging of eggs shall be
exempt from the tax imposed under this Section.
(6) The gross proceeds of sales or gross income that is derived from the
installation, assembly, repair or maintenance of cleanrooms that are deducted
from the tax base of the retail classification pursuant to Section 8A-465,
subsection (g) shall be exempt from the tax imposed under this Section.
(7) The gross proceeds of sales or gross income that is derived from a contract
entered into with a person who is engaged in the commercial production of
livestock, livestock products or agricultural, horticultural, viticultural or
floricultural crops or products in this State for the construction, alteration, repair,
improvement, movement, wrecking or demolition or addition to or subtraction
from any building, highway, road, excavation, manufactured building or other
structure, project, development or improvement used directly and primarily to
prevent, monitor, control or reduce air, water or land pollution shall be exempt
from the tax imposed under this Section.
(8) The gross proceeds of sales or gross income received from a post construction
contract to perform post-construction treatment of real property for termite and
general pest control, including wood destroying organisms, shall be exempt from
tax imposed under this section.
(9) Through December 31, 2009, the gross proceeds of sales or gross income
received from a contract for constructing any lake facility development in a
commercial enhancement reuse district that is designated pursuant to A.R.S. § 9-
499.08 if the contractor maintains the following records in a form satisfactory to
the Arizona Department of Revenue and to the Town:
(A) The certificate of qualification of the lake facility development issued
by the Town pursuant to A.R.S. § 9-499.08, subsection D.
(B) All state and local transaction privilege tax returns for the period of
time during which the contractor received gross proceeds of sales or gross
income from a contract to construct a lake facility development in a
designated commercial enhancement reuse district, showing the amount
exempted from state and local taxation.
(C) Any other information considered to be necessary.
(10) Any amount attributable to development fees that are incurred in relation to
the construction, development or improvement of real property and paid by the
taxpayer as defined in the model city tax code or by a contractor providing
services to the taxpayer. For the purposes of this paragraph:
(A) the attributable amount shall not exceed the value of the development
fees actually imposed.
(B) the attributable amount is equal to the total amount of development
fees paid by the taxpayer or by a contractor providing services to the
1573302.2 12
taxpayer and the total development fees credited in exchange for the
construction of, contribution to or dedication of real property for
providing public infrastructure, public safety or other public services
necessary to the development. The real property must be the subject of the
development fees.
(C) "development fees" means fees imposed to offset capital costs of
providing public infrastructure, public safety or other public services to a
development and authorized pursuant to A.R.S. Section 9-463.05, A.R.S.
Section 11-1102 or A.R.S. Title 48 regardless of the jurisdiction to which
the fees are paid.
(11) For taxable periods beginning from and after July 1, 2008 and ending before
January 1, 20112017, the gross proceeds of sales or gross income derived from a
contract to provide and install a solar energy device. The contractor shall register
with the department of revenue as a solar energy contractor. By registering, the
contractor acknowledges that it will make its books and records relating to sales
of solar energy devices available to the department of revenue and the Town, as
applicable, for examination.
(c) "Subcontractor" means a construction contractor performing work for either:
(1) a construction contractor who has provided the subcontractor with a written
declaration that he is liable for the tax for the project and has provided the
subcontractor his Town Privilege License number.
(2) an owner-builder who has provided the subcontractor with a written
declaration that:
(A) the owner-builder is improving the property for sale; and
(B) the owner-builder is liable for the tax for such construction contracting
activity; and
(C) the owner-builder has provided the contractor his Town Privilege
License number.
(3) a person selling new manufactured buildings who has provided the
subcontractor with a written declaration that he is liable for the tax for the site
preparation and set-up; and provided the subcontractor his Town Privilege
License number.
Subcontractor also includes a construction contractor performing work for another subcontractor
as defined above.
Section 3. Section 8A-416 of the Tax Code of the Town of Fountain Hills is amended to
read:
Sec. 8A-416. Construction contracting: speculative builders.
(a) The tax shall be equal to two and six-tenths percent (2.6%) of the gross income from
the business activity upon every person engaging or continuing in business as a
speculative builder within the Town.
1573302.2 13
(1) The gross income of a speculative builder considered taxable shall include the
total selling price from the sale of improved real property at the time of closing of
escrow or transfer of title.
(2) "Improved Real Property" means any real property:
(A) upon which a structure has been constructed; or
(B) where improvements have been made to land containing no structure
(such as paving or landscaping); or
(C) which has been reconstructed as provided by Regulation; or
(D) where water, power, and streets have been constructed to the property
line.
(3) "Sale of Improved Real Property" includes any form of transaction, whether
characterized as a lease or otherwise, which in substance is a transfer of title of, or
equitable ownership in, improved real property and includes any lease of the
property for a term of thirty (30) years or more (with all options for renewal being
included as a part of the term). In the case of multiple unit projects, "sale" refers
to the sale of the entire project or to the sale of any individual parcel or unit.
(4) "Partially Improved Residential Real Property", as used in this Section, means
any improved real property, as defined in subsection (a)(2) above, being
developed for sale to individual homeowners, where the construction of the
residence upon such property is not substantially complete at the time of the sale.
(b) Exclusions.
(1) In cases involving reconstruction contracting, the speculative builder may
exclude from gross income the prior value allowed for reconstruction contracting
in determining his taxable gross income, as provided by Regulation.
(2) Neither the cost nor the fair market value of the land which constitutes part of
the improved real property sold may be excluded or deducted from gross income
subject to the tax imposed by this Section.
(3) (Reserved)
(4) A speculative builder may exclude gross income from the sale of partially
improved residential real property as defined in (a)(4) above to another
speculative builder only if all of the following conditions are satisfied:
(A) The speculative builder purchasing the partially improved residential
real property has a valid Town privilege license for construction
contracting as a speculative builder; and
(B) At the time of the transaction, the purchaser provides the seller with a
properly completed written declaration that the purchaser assumes liability
for and will pay all privilege taxes which would otherwise be due the
Town at the time of sale of the partially improved residential real
property; and
(C) The seller also:
(i) maintains proper records of such transactions in a manner
similar to the requirements provided in this chapter relating to
sales for resale; and
(ii) retains a copy of the written declaration provided by the buyer
for the transaction; and
1573302.2 14
(iii) is properly licensed with the Town as a speculative builder
and provides the Town with the written declaration attached to the
Town privilege tax return where he claims the exclusion.
(5) For taxable periods beginning from and after July 1, 2008, the portion of gross
proceeds of sales or gross income attributable to the actual direct costs of
providing architectural or engineering services that are incorporated in a contract
is not subject to tax under this section. For the purposes of this subsection, "direct
costs" means the portion of the actual costs that are directly expended in
providing architectural or engineering services.
(c) Tax liability for speculative builders occurs at close of escrow or transfer of title,
whichever occurs earlier, and is subject to the following provisions, relating to
exemptions, deductions and tax credits:
(1) Exemptions.
(A) The gross proceeds of sales or gross income attributable to the
purchase of machinery, equipment or other tangible personal property that
is exempt from or deductible from privilege or use tax under:
(i) Section 8A-465, subsections (g) and (p)
(ii) Section 8A-660, subsections (g) and (p)
shall be exempt or deductible, respectively, from the tax imposed
by this Section.
(B) The gross proceeds of sales or gross income received from a contract
for the construction of an environmentally controlled facility for the
raising of poultry for the production of eggs and the sorting, or cooling
and packaging of eggs shall be exempt from the tax imposed under this
Section.
(C) The gross proceeds of sales or gross income that is derived from the
installation, assembly, repair or maintenance of cleanrooms that are
deducted from the tax base of the retail classification pursuant to Section
8A-465, subsection (g) shall be exempt from the tax imposed under this
section.
(D) The gross proceeds of sales or gross income that is derived from a
contract entered into with a person who is engaged in the commercial
production of livestock, livestock products or agricultural, horticultural,
viticultural or floricultural crops or products in this state for the
construction, alteration, repair, improvement, movement, wrecking or
demolition or addition to or subtraction from any building, highway, road,
excavation, manufactured building or other structure, project,
development or improvement used directly and primarily to prevent,
monitor, control or reduce air, water or land pollution shall be exempt
from the tax imposed under this Section.
(E) any amount attributable to development fees that are incurred in
relation to the construction, development or improvement of real property
and paid by the taxpayer as defined in the model city tax code or by a
contractor providing services to the taxpayer shall be exempt from the tax
imposed under this section. For the purposes of this paragraph:
1573302.2 15
(i) the attributable amount shall not exceed the value of the
development fees actually imposed.
(ii) the attributable amount is equal to the total amount of
development fees paid by the taxpayer or by a contractor providing
services to the taxpayer and the total development fees credited in
exchange for the construction of, contribution to or dedication of
real property for providing public infrastructure, public safety or
other public services necessary to the development. The real
property must be the subject of the development fees.
(iii) "development fees" means fees imposed to offset capital costs
of providing public infrastructure, public safety or other public
services to a development and authorized pursuant to A.R.S.
Section 9-463.05, A.R.S. Section 11-1102 or A.R.S. Title 48
regardless of the jurisdiction to which the fees are paid.
(2) Deductions.
(A) All amounts subject to the tax shall be allowed a deduction in the
amount of thirty-five percent (35%).
(B) The gross proceeds of sales or gross income that is derived from a
contract entered into for the installation, assembly, repair or maintenance
of income-producing capital equipment, as defined in Section 8A-110,
that is deducted from the retail classification pursuant to Section 8A-
465(g), that does not become a permanent attachment to a building,
highway, road, railroad, excavation or manufactured building or other
structure, project, development or improvement shall be exempt from the
tax imposed by this Section. If the ownership of the realty is separate from
the ownership of the income-producing capital equipment, the
determination as to permanent attachment shall be made as if the
ownership was the same. The deduction provided in this paragraph does
not include gross proceeds of sales or gross income from that portion of
any contracting activity which consists of the development of, or
modification to, real property in order to facilitate the installation,
assembly, repair, maintenance or removal of the income-producing capital
equipment. For purposes of this paragraph, "permanent attachment" means
at least one of the following:
(i) to be incorporated into real property.
(ii) to become so affixed to real property that it becomes part of the
real property.
(iii) to be so attached to real property that removal would cause
substantial damage to the real property from which it is removed.
(C) For taxable periods beginning from and after July 1, 2008 and ending
before January 1, 20112017, the gross proceeds of sales or gross income
derived from a contract to provide and install a solar energy device. The
contractor shall register with the department of revenue as a solar energy
contractor. By registering, the contractor acknowledges that it will make
1573302.2 16
its books and records relating to sales of solar energy devices available to
the department of revenue and the Town, as applicable, for examination.
(3) Tax credits.
The following tax credits are available to owner-builders or speculative builders,
not to exceed the tax liability against which such credits apply, provided such
credits are documented to the satisfaction of the tax collector:
(A) A tax credit equal to the amount of Town privilege or use tax, or the
equivalent excise tax, paid directly to a taxing jurisdiction or as a
separately itemized charge paid directly to the vendor with respect to the
tangible personal property incorporated into the said structure or
improvement to real property undertaken by the owner-builder or
speculative builder.
(B) A tax credit equal to the amount of privilege taxes paid to this Town,
or charged separately to the speculative builder, by a construction
contractor, on the gross income derived by said person from the
construction of any improvement to the real property.
(C) No credits provided herein may be claimed until such time that the
gross income against which said credits apply is reported.
Section 4. Section 8A-417 of the Tax Code of the Town of Fountain Hills is amended to
read:
Sec. 8A-417. Construction contracting: owner-builders who are not speculative builders.
(a) At the expiration of twenty-four (24) months after improvement to the property is
substantially complete, the tax liability for an owner-builder who is not a speculative
builder shall be at an amount equal to two and six-tenths percent (2.6%) of:
(1) the gross income from the activity of construction contracting upon the real
property in question which was realized by those construction contractors to
whom the owner-builder provided written declaration that they were not
responsible for the taxes as prescribed in subsection 8A-415(c)(2); and
(2) the purchase of tangible personal property for incorporation into any
improvement to real property, computed on the sales price.
(b) For taxable periods beginning from and after July 1, 2008, the portion of gross
proceeds of sales or gross income attributable to the actual direct costs of providing
architectural or engineering services that are incorporated in a contract is not subject to
tax under this section. For the purposes of this subsection, "direct costs" means the
portion of the actual costs that are directly expended in providing architectural or
engineering services.
(c) The tax liability of this Section is subject to the following provisions, relating to
exemptions, deductions and tax credits:
(1) Exemptions.
(A) The gross proceeds of sales or gross income attributable to the
purchase of machinery, equipment or other tangible personal property that
is exempt from or deductible from privilege or use tax under:
1573302.2 17
(i) Section 8A-465, subsections (g) and (p)
(ii) Section 8A-660, subsections (g) and (p)
shall be exempt or deductible, respectively, from the tax imposed
by this Section.
(B) The gross proceeds of sales or gross income received from a contract
for the construction of an environmentally controlled facility for the
raising of poultry for the production of eggs and the sorting, or cooling
and packaging of eggs shall be exempt from the tax imposed under this
Section.
(C) The gross proceeds of sales or gross income that is derived from the
installation, assembly, repair or maintenance of cleanrooms that are
deducted from the tax base of the retail classification pursuant to Section
8A-465, subsection (g) shall be exempt from the tax imposed under this
Section.
(D) The gross proceeds of sales or gross income that is derived from a
contract entered into with a person who is engaged in the commercial
production of livestock, livestock products or agricultural, horticultural,
viticultural or floricultural crops or products in this state for the
construction, alteration, repair, improvement, movement, wrecking or
demolition or addition to or subtraction from any building, highway, road,
excavation, manufactured building or other structure, project,
development or improvement used directly and primarily to prevent,
monitor, control or reduce air, water or land pollution shall be exempt
from the tax imposed under this Section.
(E) Any amount attributable to development fees that are incurred in
relation to the construction, development or improvement of real property
and paid by the taxpayer as defined in the model city tax code or by a
contractor providing services to the taxpayer shall be exempt from the tax
imposed under this section. For the purposes of this paragraph:
(i) the attributable amount shall not exceed the value of the
development fees actually imposed.
(ii) the attributable amount is equal to the total amount of
development fees paid by the taxpayer or by a contractor providing
services to the taxpayer and the total development fees credited in
exchange for the construction of, contribution to or dedication of
real property for providing public infrastructure, public safety or
other public services necessary to the development. The real
property must be the subject of the development fees.
(iii) "development fees" means fees imposed to offset capital costs
of providing public infrastructure, public safety or other public
services to a development and authorized pursuant to A.R.S.
Section 9-463.05, A.R.S. Section 11-1102 or A.R.S. Title 48
regardless of the jurisdiction to which the fees are paid.
(2) Deductions.
1573302.2 18
(A) All amounts subject to the tax shall be allowed a deduction in the
amount of thirty-five percent (35%).
(B) The gross proceeds of sales or gross income that is derived from a
contract entered into for the installation, assembly, repair or maintenance
of income-producing capital equipment, as defined in Section 8A-110, that
is deducted from the retail classification pursuant to Section 8A-465(g),
that does not become a permanent attachment to a building, highway,
road, railroad, excavation or manufactured building or other structure,
project, development or improvement shall be exempt from the tax
imposed by this Section. If the ownership of the realty is separate from the
ownership of the income-producing capital equipment, the determination
as to permanent attachment shall be made as if the ownership was the
same. The deduction provided in this paragraph does not include gross
proceeds of sales or gross income from that portion of any contracting
activity which consists of the development of, or modification to, real
property in order to facilitate the installation, assembly, repair,
maintenance or removal of the income-producing capital equipment. For
purposes of this paragraph, "permanent attachment" means at least one of
the following:
(i) to be incorporated into real property.
(ii) to become so affixed to real property that it becomes part of the
real property.
(iii) to be so attached to real property that removal would cause
substantial damage to the real property from which it is removed.
(C) For taxable periods beginning from and after July 1, 2008 and ending
before January 1, 20112017, the gross proceeds of sales or gross income
derived from a contract to provide and install a solar energy device. The
contractor shall register with the department of revenue as a solar energy
contractor. By registering, the contractor acknowledges that it will make
its books and records relating to sales of solar energy devices available to
the department of revenue and the Town, as applicable, for examination.
(3) Tax credits.
The following tax credits are available to owner-builders and speculative builders,
not to exceed the tax liability against which such credits apply, provided such
credits are documented to the satisfaction of the tax collector:
(A) A tax credit equal to the amount of Town privilege or use tax, or the
equivalent excise tax, paid directly to a taxing jurisdiction or as a
separately itemized charge paid directly to the vendor with respect to the
tangible personal property incorporated into the said structure or
improvement to real property undertaken by the owner-builder or
speculative builder.
(B) A tax credit equal to the amount of privilege taxes paid to this Town,
or charged separately to the speculative builder, by a construction
contractor, on the gross income derived by said person from the
construction of any improvement to the real property.
1573302.2 19
(C) No credits provided herein may be claimed until such time that the
gross income against which said credits apply is reported.
(d) The limitation period for the assessment of taxes imposed by this Section is measured
based upon when such liability is reportable, that is, in the reporting period that
encompasses the twenty-fifth (25th) month after said unit or project was substantially
complete. Interest and penalties, as provided in Section 8A-540, will be based on
reportable date.
(e) (Reserved)
Section 5. Section 8A-445 of the Tax Code of the Town of Fountain Hills is amended to
read:
Sec. 8A-445. Rental, leasing, and licensing for use of real property.
(a) The tax rate shall be at an amount equal to one and six-tenths percent (1.6%) of the
gross income from the business activity upon every person engaging or continuing in the
business of leasing or renting real property located within the Town for a consideration,
to the tenant in actual possession, or the licensing for use of real property to the final
licensee located within the Town for a consideration including any improvements, rights,
or interest in such property; provided further that:
(1) Payments made by the lessee to, or on behalf of, the lessor for property taxes,
repairs, or improvements are considered to be part of the taxable gross income.
(2) Charges for such items as telecommunications, utilities, pet fees, or
maintenance are considered to be part of the taxable gross income.
(3) However, if the lessor engages in telecommunication activity, as evidenced by
installing individual metering equipment and by billing each tenant based upon
actual usage, such activity is taxable under Section 8A-470.
(b) If individual utility meters have been installed for each tenant and the lessor
separately charges each single tenant for the exact billing from the utility company, such
charges are exempt.
(c) Charges by a qualifying hospital, qualifying community health center or a qualifying
health care organization to patients of such facilities for use of rooms or other real
property during the course of their treatment by such facilities are exempt.
(d) Charges for joint pole usage by a person engaged in the business of providing or
furnishing utility or telecommunication services to another person engaged in the
business of providing or furnishing utility or telecommunication services are exempt
from the tax imposed by this Section.
(e) Exempt from the tax imposed by this Section is gross income derived from the rental,
leasing, or licensing for use of real property to a qualifying hospital, qualifying
community health center or a qualifying health care organization, except when the
property so rented, leased, or licensed is for use in activities resulting in gross income
from unrelated business income as that term is defined in 26 U.S.C. Section 512.
(f) (Reserved)
(g) (Reserved)
1573302.2 20
(h) (Reserved)
(i) (Reserved)
(j) Exempt from the tax imposed by this Section is gross income derived from the
activities taxable under Section 8A-444 of this code.
(k) (Reserved)
(l) (Reserved)
(m) (Reserved)
(n) Notwithstanding the provisions of Section 8A-200(b), the fair market value of one (1)
apartment, in an apartment complex provided rent free to an employee of the apartment
complex is not subject to the tax imposed by this Section. For an apartment complex with
more than fifty (50) units, an additional apartment provided rent free to an employee for
every additional fifty (50) units is not subject to the tax imposed by this Section.
(o) Income derived from incarcerating or detaining prisoners who are under the
jurisdiction of the United States, this State or any other state or a political subdivision of
this State or of any other state in a privately operated prison, jail or detention facility is
exempt from the tax imposed by this Section.
(p) Charges by any hospital, any licensed nursing care institution, or any kidney dialysis
facility to patients of such facilities for the use of rooms or other real property during the
course of their treatment by such facilities are exempt.
(q) Charges to patients receiving "personal care" or "directed care", by any licensed
assisted living facility, licensed assisted living center or licensed assisted living home as
defined and licensed pursuant to Chapter 4 Title 36 Arizona Revised Statutes and Title 9
of the Arizona Administrative Code are exempt.
(r) Income received from the rental of any "low-income unit" as established under
Section 42 of the Internal Revenue Code, including the low-income housing credit
provided by IRC Section 42, to the extent that the collection of tax on rental income
causes the "gross rent" defined by IRC Section 42 to exceed the income limitation for the
low-income unit is exempt. This exemption also applies to income received from the
rental of individual rental units subject to statutory or regulatory "low-income unit" rent
restrictions similar to IRC Section 42 to the extent that the collection of tax from the
tenant causes the rental receipts to exceed a rent restriction for the low-income unit. This
subsection also applies to rent received by a person other than the owner or lessor of the
low-income unit, including a broker. This subsection does not apply unless a taxpayer
maintains the documentation to support the qualification of a unit as a low-income unit,
the "gross rent" limitation for the unit and the rent received from that unit.
(S) THE GROSS PROCEEDS OF SALES OR GROSS INCOME DERIVED FROM A
COMMERCIAL LEASE IN WHICH A RECIPROCAL INSURER OR A
CORPORATION LEASES REAL PROPERTY TO AN AFFILIATED
CORPORATION. FOR THE PURPOSES OF THIS PARAGRAPH:
(1) “AFFILIATED CORPORATION” MEANS A CORPORATION THAT
MEETS ONE OF THE FOLLOWING CONDITIONS:
(A) THE CORPORATION OWNS OR CONTROLS AT LEAST
EIGHTY PER CENT OF THE LESSOR.
(B) THE CORPORATION IS AT LEAST EIGHTY PER CENT OWNED
OR CONTROLLED BY THE LESSOR.
1573302.2 21
(C) THE CORPORATION IS AT LEAST EIGHTY PER CENT OWNED
OR CONTROLLED BY A CORPORATION THAT ALSO OWNS OR
CONTROLS AT LEAST EIGHTY PER CENT OF THE LESSOR.
(D) THE CORPORATION IS AT LEAST EIGHTY PER CENT OWNED
OR CONTROLLED BY A CORPORATION THAT IS AT LEAST
EIGHTY PER CENT OWNED OR CONTROLLED BY A
RECIPROCAL INSURER.
(2) FOR THE PURPOSES OF SUBSECTION (1), OWNERSHIP AND
CONTROL ARE DETERMINED BY REFERENCE TO THE VOTING
SHARES OF A CORPORATION.
(3) “RECIPROCAL INSURER” HAS THE SAME MEANING AS
PRESCRIBED IN A.R.S. SECTION 20-762.
Section 6. Section 8A-595 of the Tax Code of the Town of Fountain Hills is amended to
read:
Sec. 8A-595. Collection of taxes when there is succession in and/or cessation of business.
(a) In addition to any remedy provided elsewhere in this Town Code that may apply, the
Tax Collector may apply the provisions of subsections (b) through (d) below concerning
the collection of taxes when there is succession in and/or cessation of business.
(b) The taxes imposed by this Chapter are a lien on the property of any person subject to
this Chapter who sells his business or stock of goods, or quits his business, if the person
fails to make a final return and payment of the tax within fifteen (15) days after selling or
quitting his business.
(c) Any person who purchases, or who acquires by foreclosure, by sale under trust deed
or warranty deed in lieu of foreclosure, or by any other method, improved real property
or a portion of improved real property for which the Privilege Tax imposed by this
Chapter has not been paid shall be responsible for payment of such tax as a speculative
builder or owner builder, as provided in Sections 8A-416 and 8A-417.
(1) ANY PERSON WHO IS A CREDITOR OR AN AFFILIATE OF
CREDITOR, WHO ACQUIRES IMPROVED REAL PROPERTY DIRECTLY
OR INDIRECTLY FROM THE CREDITOR’S DEBTOR BY ANY MEANS
SET FORTH IN THIS SUBSECTION, SHALL PAY THE TAX BASED ON
THE AMOUNT RECEIVED BY THE CREDITOR OR ITS AFFILIATE IN A
SUBSEQUENT SALE OF SUCH IMPROVED REAL PROPERTY TO A
PARTY UNRELATED TO THE CREDITOR, REGARDLESS OF WHEN
SUCH SUBSEQUENT SALE TAKES PLACE. SUCH TAX SHALL BE DUE
IN THE MONTH FOLLOWING THE MONTH IN WHICH THE SALE OF
THE IMPROVED REAL PROPERTY BY THE CREDITOR OR ITS
AFFILIATE OCCURS. NOTWITHSTANDING THE FOREGOING, IF THE
REAL PROPERTY MEETS THE DEFINITION OF PARTIALLY IMPROVED
RESIDENTIAL REAL PROPERTY IN SECTION 8A-416(A)(4) AND ALL OF
THE REQUIREMENTS OF SECTION 8A-416(B)(4) ARE MET BY THE
1573302.2 22
PARTIES TO THE SUBSEQUENT SALE TRANSACTION, THEN THE TAX
SHALL NOT APPLY TO THE SUBSEQUENT SALE.
(2) IN THE EVENT A CREDITOR OR ITS AFFILIATE USES THE
ACQUIRED IMPROVED REAL PROPERTY FOR ANY BUSINESS
PURPOSE, OTHER THAN OPERATING THE PROPERTY IN THE MANNER
IN WHICH IT WAS OPERATED, OR WAS INTENDED TO BE OPERATED,
BEFORE THE ACQUISITION OR IN ANY OTHER MANNER UNRELATED
TO SELLING THE PROPERTY, THE TAX SHALL BE DUE. THE GROSS
INCOME UPON WHICH THE TAX SHALL BE DETERMINED PURSUANT
TO SECTIONS 8A-416 AND 8A-417 SHALL BE THE FAIR MARKET
VALUE OF THE IMPROVED REAL PROPERTY AS OF THE DATE OF
ACQUISITION. THE TAX SHALL BE DUE IN THE MONTH FOLLOWING
THE MONTH IN WHICH SUCH FIRST BUSINESS USE OCCURS. WHEN
APPLICABLE, THE CREDIT BID SHALL BE DEEMED TO BE THE FAIR
MARKET VALUE OF THE PROPERTY AS OF THE DATE OF
ACQUISITION.
(3) ONCE THE SUBSEQUENT SALE BY THE CREDITOR OR ITS
AFFILIATE HAS OCCURRED AND THE CREDITOR OR ITS AFFILIATE
HAS PAID THE TAX DUE FROM IT PURSUANT TO THIS SUBSECTION,
NEITHER THE CREDITOR NOR ITS AFFILIATE, NOR ANY FUTURE
OWNER, SHALL BE LIABLE FOR ANY OUTSTANDING TAX, PENALTIES
OR INTEREST THAT MAY CONTINUE TO BE DUE FROM THE DEBTOR
BASED ON THE TRANSFER FROM THE DEBTOR TO THE CREDITOR OR
ITS AFFILIATE.
(4) IF THE TAX LIABILITY IMPOSED BY EITHER SECTION 8A-416 OR
SECTION 8A-417 ON THE TRANSFER OF THE IMPROVED REAL
PROPERTY TO THE CREDITOR OR ITS AFFILIATE, OR ANY PART
THEREOF, IS PAID TO THE TAX COLLECTOR BY THE DEBTOR
SUBSEQUENT TO PAYMENT OF THE TAX BY THE CREDITOR OR ITS
AFFILIATE, THE AMOUNT SO PAID MAY CONSTITUTE A CREDIT, AS
EQUITABLY DETERMINED BY THE TAX COLLECTOR IN GOOD FAITH,
AGAINST THE TAX IMPOSED ON THE CREDITOR OR ITS AFFILIATE BY
EITHER PARAGRAPH 1 OR PARAGRAPH 2 OF THIS SUBSECTION.
(5) NOTWITHSTANDING ANYTHING IN THIS CHAPTER TO THE
CONTRARY, IF A CREDITOR OR ITS AFFILIATE IS SUBJECT TO TAX AS
DESCRIBED IN PARAGRAPH 1 OR PARAGRAPH 2 OF THIS SUBSECTION
AND SUCH CREDITOR OR AFFILIATE HAS NOT PREVIOUSLY BEEN
REQUIRED TO BE LICENSED, SUCH CREDITOR OR AFFILIATE SHALL
BECOME LICENSED NO LATER THAN THE DATE ON WHICH THE TAX
IS DUE.
(d) A person's successors or assignees shall withhold from the purchase money an
amount sufficient to cover the taxes required to be paid, and interest or penalties due and
payable, until the former owner produces a receipt from the Tax Collector showing that
all Town tax has been paid or a certificate stating that no amount is due as then shown by
the records of the Tax Collector. The Tax Collector shall respond to a request from the
1573302.2 23
seller for a certificate within fifteen (15) days by either providing the certificate or a
written notice stating why the certificate cannot be issued.
(1) If a subsequent audit shows a deficiency arising before the sale of the
business, the deficiency is an obligation of the seller and does not constitute a
liability against a buyer who has received a certificate from the Tax Collector.
(2) If the purchaser of a business or stock of goods fails to obtain a certificate as
provided by this Section, he is personally liable for payment of the amount of
taxes required to be paid by the former owner on account of the business so
purchased, with interest and penalties accrued by the former owner or assignees.
Section 7. Section 8A-660 of the Tax Code of the Town of Fountain Hills is amended to
read:
Sec. 8A-660. Use tax: exemptions.
The storage or use in this Town of the following tangible personal property is exempt from the
Use Tax imposed by this Article:
(a) tangible personal property brought into the Town by an individual who was not a
resident of the Town at the time the property was acquired for his own use, if the first
actual use of such property was outside the Town, unless such property is used in
conducting a business in this Town.
(b) tangible personal property, the value of which does not exceed the amount of one
thousand dollars ($1,000) per item, acquired by an individual outside the limits of the
Town for his personal use and enjoyment.
(c) charges for delivery, installation, or other customer services, as prescribed by
Regulation.
(d) charges for repair services, as prescribed by Regulation.
(e) separately itemized charges for warranty, maintenance, and service contracts.
(f) prosthetics.
(g) income-producing capital equipment.
(h) rental equipment and rental supplies.
(i) mining and metallurgical supplies.
(j) motor vehicle fuel and use fuel which are used upon the highways of this State and
upon which a tax has been imposed under the provisions of Article I or II, Chapter 16,
Title 28, Arizona Revised Statutes.
(k) tangible personal property purchased by a construction contractor, but not an owner-
builder, when such person holds a valid Privilege License for engaging or continuing in
the business of construction contracting, and where the property acquired is incorporated
into any structure or improvement to real property in fulfillment of a construction
contract.
(l) sales of motor vehicles to nonresidents of this State for use outside this State if the
vendor ships or delivers the motor vehicle to a destination outside this State.
(m) tangible personal property which directly enters into and becomes an ingredient or
component part of a product sold in the regular course of the business of job printing,
manufacturing, or publication of newspapers, magazines or other periodicals. Tangible
personal property which is consumed or used up in a manufacturing, job printing,
1573302.2 24
publishing, or production process is not an ingredient nor component part of a product.
(n) rental, leasing, or licensing for use of film, tape, or slides by a theater or other person
taxed under Section 8A-410, or by a radio station, television station, or subscription
television system.
(o) food served to patrons for a consideration by any person engaged in a business
properly licensed and taxed under Section 8A-455, but not food consumed by owners,
agents, or employees of such business.
(p) tangible personal property acquired by a qualifying hospital, qualifying community
health center or a qualifying health care organization, except when the property is in fact
used in activities resulting in gross income from unrelated business income as that term is
defined in 26 U.S.C. Section 512.
(q) food purchased with food stamps provided through the food stamp program
established by the Food Stamp Act of 1977 (P.L. 95-113; 91 Stat. 958.7 U.S.C. Section
2011 et seq.) or purchased with food instruments issued under Section 17 of the Child
Nutrition Act (P.L. 95-627; 92 Stat. 3603; and P.L. 99-669; Section 4302; 42 United
States Code Section 1786).
(r) (Reserved)
(1) (Reserved)
(2) (Reserved)
(3) (Reserved)
(4) (Reserved)
(s) groundwater measuring devices required by A.R.S. Section 45-604.
(t) (Reserved)
(u) aircraft acquired for use outside the State, as prescribed by Regulation.
(v) sales of food products by producers as provided for by A.R.S. Sections 3-561, 3-562
and 3-563.
(w) (Reserved)
(x) (Reserved)
(y) (Reserved)
(z) tangible personal property used or stored by this Town.
(aa) tangible personal property used in remediation contracting as defined in Section 8A-
100 and Regulation 8S-100.5.
(bb) materials that are purchased by or for publicly funded libraries including school
district libraries, charter school libraries, community college libraries, state university
libraries or federal, state, county or municipal libraries for use by the public as follows:
(1) printed or photographic materials.
(2) electronic or digital media materials.
(cc) food, beverages, condiments and accessories used for serving food and beverages by
a commercial airline, as defined in A.R.S. § 42-5061(A)(49), that serves the food and
beverages to its passengers, without additional charge, for consumption in flight. For the
purposes of this subsection, "accessories" means paper plates, plastic eating utensils,
napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other
items which facilitate the consumption of the food.
(dd) wireless telecommunication equipment that is held for sale or transfer to a customer
1573302.2 25
as an inducement to enter into or continue a contract for telecommunication services that
are taxable under Section 8A-470.
(ee) (Reserved)
(ff) alternative fuel as defined in A.R.S. § 1-215, by a used oil fuel burner who has
received a Department of Environmental Quality permit to burn used oil or used oil fuel
under A.R.S. § 49-426 or § 49-480.
(gg) food, beverages, condiments and accessories purchased by or for a public
educational entity, pursuant to any of the provisions of Title 15, Arizona Revised
Statutes; to the extent such items are to be prepared or served to individuals for
consumption on the premises of a public educational entity during school hours. For the
purposes of this subsection, "accessories" means paper plates, plastic eating utensils,
napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other
items which facilitate the consumption of the food.
(hh) personal hygiene items purchased by a person engaged in the business of and subject
to tax under Section 8A-444 of this code if the tangible personal property is furnished
without additional charge to and intended to be consumed by the person during his
occupancy.
(ii) the diversion of gas from a pipeline by a person engaged in the business of operating
a natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment
to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline.
(jj) food, beverages, condiments and accessories purchased by or for a nonprofit
charitable organization that has qualified as an exempt organization under 26 U.S.C
Section 501(c)(3) and regularly serves meals to the needy and indigent on a continuing
basis at no cost. For the purposes of this subsection, "accessories" means paper plates,
plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other
disposable containers, or other items which facilitate the consumption of the food.
(kk) sales of motor vehicles that use alternative fuel if such vehicle was manufactured as
a diesel fuel vehicle and converted to operate on alternative fuel and sales of equipment
that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to
operate on an alternative fuel, as defined in A.R.S. § 1-215.
(LL) THE STORAGE, USE OR CONSUMPTION OF TANGIBLE PERSONAL
PROPERTY IN THE CITY OR TOWN BY A SCHOOL DISTRICT OR CHARTER
SCHOOL.
1541146.2
ORDINANCE NO. 11-12
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, RELATING TO THE PRIVILEGE LICENSE
TAX; ADOPTING THE “2010-11 AMENDMENTS TO THE TAX CODE OF
THE TOWN OF FOUNTAIN HILLS” BY REFERENCE; ESTABLISHING AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING
PENALTIES FOR VIOLATIONS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That certain document known as the “2010-11 Amendments to the Tax
Code of the Town of Fountain Hills” (the “2010-11 Amendments”), three copies of which are on
file in the office of the Town Clerk of the Town of Fountain Hills, Arizona, which document was
made a public record by Resolution No. 2011-33 of the Town of Fountain Hills, Arizona, is
hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance.
SECTION 2. Any person found guilty of violating any provision of the 2010-11
Amendments shall be guilty of a class one misdemeanor. Each day that a violation continues
shall be a separate offense punishable as herein above described.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or the 2010-11 Amendments is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance or the 2010-11 Amendments.
SECTION 4. The provisions of Sections 1 of the 2010-11 Amendments shall be
effective from and after June 1, 2011. The provisions of Sections 2 through 5 of the 2010-11
Amendments shall be effective from and after July 29, 2010. The provisions of Section 6 of the
2010-11 Amendments shall be effective from and after May 1, 2010. The provisions of Section
7 of the 2010-11 Amendments shall be effective from and after September 30, 2009.
SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps necessary to carry out the purpose and intent
of this Ordinance.
[SIGNATURES ON FOLLOWING PAGE]
1541146.2
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, September 15, 2011.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Julie Ghetti, Interim Town Manager Andrew J. McGuire, Town Attorney
1569676.1
RESOLUTION NO. 2011-17
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE TRANSFER OF
INVESTMENT FUNDS FROM THE ARIZONA STATE TREASURER’S LOCAL
GOVERNMENT INVESTMENT POOL TO PFM ASSET MANAGEMENT.
WHEREAS, pursuant to the Town of Fountain Hills Investment/Cash Management
Policy, Amended and Restated December 2, 2010 (the “Investment Policy”), the Mayor and
Town Council (the “Town Council”) may invest reserve funds of the Town of Fountain Hills
(the “Town”) in certain eligible investments, as set forth in Subsection 8-2 of the Investment
Policy (“Eligible Investments”); and
WHEREAS, the Town has historically invested certain reserve funds with the Arizona
State Treasurer’s Local Government Investment Pool (“LGIP”); and
WHEREAS, on May 19, 2011, the Town entered into a professional services agreement
with PFM Asset Management, LLC (“PFM”) to provide the Town with professional investment
management services; and
WHEREAS, the Town Council desires to approve the transfer of $15,000,000 from the
LGIP to PFM for the purpose of investing in Eligible Investments at an improved rate of return
over the LGIP.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The transfer of $15,000,000 from the Arizona State Treasurer’s Local
Government Investment Pool to PFM Asset Management for the purpose of investment in
Eligible Investments is hereby approved.
SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps necessary to carry out the purpose and intent
of this Resolution.
[SIGNATURES ON FOLLOWING PAGE]
1548706.1
2
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, September 15, 2011.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Julie Ghetti, Interim Town Manager Andrew J. McGuire, Town Attorney