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HomeMy WebLinkAbout1999.0805.TCREMP.Packet in ,. NOTICE OF REGULAR AND EXECUTIVE SESSION = o OF THE �that is � FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Vice Mayor Mower Councilwoman Hutcheson WHEN: THURSDAY, AUGUST 5, 1999 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B (h." RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please adhere to the following rules of order if you wish to speak: 1) All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand,approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION—Church of Jesus Christ of Latter-Day Saints • ROLL CALL 1.) PUBLIC HEARING on RESOLUTION 1999-34, adopting the tentative budget as the 1999/00 fiscal year budget for the Town of Fountain Hills. 2.) Consideration of adopting RESOLUTION 1999-34, adopting the tentative budget as the 1999/00 fiscal year budget for the Town of Fountain Hills. Town Council Meeting Agenda Regular Session August 5, 1999 Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. *3.) Consideration of APPROVING THE MEETING MINUTES of June 29, 30, and July 1 and 6, 1999. *4.) Consideration of RESOLUTION 1999-37, authorizing the issuance and sale of general obligation bonds, series 1999, on behalf of the Town and awarding the sale of the bonds to the best bidder therefor. *5.) Consideration of RESOLUTION 1999-38 amending the Town of Fountain Hills money purchase plan to increase the contribution rate for employee and employer from 9.5%to 11% for Town employees. *6.) Consideration of RESOLUTION 1999-39 amending the Town of Fountain Hills money purchase plan to increase the contribution rate for employee and employer from 9.5% to 11% for the Town Manager. *7.) Consideration of AWARDING BID #PR99-021 to Commercial Lithographers in the amount of $19,103.04 for the printing of the Town and Teen newsletters. *8.) Consideration of AWARDING THE BID for the Wash Cleanup Project. *9.) Consideration of AWARDING THE BID for the School Zone Warning Beacons Project. ihav *10.) Consideration of AWARDING THE BID for the Town Directional Signage Project. *11.) Consideration of APPROVING THE INTERGOVERNMENTAL AGREEMENT for Golden Eagle Park Dam improvements with the Flood Control District of Maricopa County and the Fountain Hills School District. *12.) Consideration of RESOLUTION 1999-35, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located along the southwesterly property line of Plat 431, Block 6, Lot 21 (15228 N. Bahia Blvd.) as recorded in Book 151 of Maps, Page 43 records of Maricopa County, Arizona. (Kevin Close) *13.) Consideration of RESOLUTION 1999-36 abandoning whatever right, title,or interest the Town has in certain public utility and drainage easements located along the southwesterly property line of Lot 52 (15211 E. Redrock Drive) as recorded in Book 437 of Maps, Page 30 records of Maricopa County, Arizona. (Sivage Thomas Homes) *14.) Consideration of ORDINANCE 99-21 setting speed limits on new sections of El Lago Boulevard, Eagle Mountain Parkway, and Shea Boulevard. *15.) Consideration of the PRELIMINARY AND FINAL PLAT for Mimosa Crest Condominiums, a three unit project, S99-016. *16.) Consideration of the FINAL PLAT for Fountain Summit Condominiums, a 67-unit condominium project (11619 located at the southwest corner of Saguaro Boulevard and LaMontana Drive. Case#S98-034 17.) Consideration of a PRELIMINARY PLAT for Fountain Hills Resort, a one lot, one tract subdivision Town of Fountain Hills Page 2 of 3 Last printed 08/04/99 2:55 PM Town Council Meeting Agenda Regular Session August 5, 1999 consisting of 59.67 acres, located at the northwest corner of Palisades Blvd. and Shea Boulevard,Case#S99- 014. • 18.) Consideration of REJECTING THE BID of July 13, 1999 for the Avenue of the Fountains Electrical Upgrade,Phase II. 19.) Consideration of AWARDING THE RE-BID of August 3, 1999 for Avenue of the Fountains Electrical Upgrade Project,Phase II. 20.) CALL TO THE PUBLIC Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. 21.) Pursuant to A.R.S. §38-431.03.A.3., A.R.S. §38-431.03.A.4., and A.R.S. §38-431.03.A.7. VOTE TO GO INTO EXECUTIVE SESSION for discussion or consultation for legal advice with the attorney of the public body; 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 in pending or contemplated litigation; AND discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase or lease of real property. 22.) RETURN TO REGULAR SESSION. 23.) ADJOURNMENT DATED this 4th day of August, 1999. By: 1CJ Cassie B. Hansen,Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1- 800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 3 of 3 Last printed 08/04/99 2:55 PM MEMORANDUM TO: THE HONORABLE MAYOR AND TOW CO NCIL I r FROM: PAUL L. NORDIN,TOWN MANAGER I j l JJ DATE: JULY 30, 1999 lll""" RE: MANAGER'S REPORT FOR THE AUGUST 5th COUNCIL MEETING Reminder: Items #1 and #2 (Adoption of the 1999-2000 Fiscal Year Budget) appear before the consent agenda items. There are some budget-related items on the consent agenda, and staff felt that the public hearing and final budget adoption should occur prior to the approval of the budget- related consent items. CONSENT AGENDA: There are fifteen items (Item #3 through Item #17) on the consent agenda. Please review the items and contact me should you determine any should be removed. AGENDA ITEMS# 1 & #2 - PUBLIC HEARING/RESOLUTION 1999-34/ ADOPTION OF 1999-2000 BUDGET: A public hearing is scheduled to receive input on this year's budget. After the hearing, council will consider the approval of the fiscal year 99/00 budget. Please see Cassie's memo. AGENDA ITEM # 18 - REJECTION OF BID FOR AVENUE OF THE FOUNTAINS ELECTRICAL IMPROVEMENTS: The first bid opening for the Phase II major electrical improvement work at the Avenue of the Fountains was held on July 3 h. Only one bid was re::eived, and`it isubstant A' s, higher than the engineer's estimate. A re-bid for this work is scheduled for August 3rd. Staff recommends that Council reject the bid of July 13d'. Randy's memo is attached. AGENDA ITEM# 19 -AWARD OF RE-BID FOR ELECTRICAL IMPROVEMENTS: The re-bid for Phase II electrical work at the Avenue of the Fountains is scheduled for Tuesday, August 3rd. Information regarding the outcome of this bid will be distributed to the Council prior to Thursday's meeting. L Town Manager's Report August 5, 1999 Council Meeting Page 1 of 1 (Noy Interofice Memo To: HONORABLE MAYOR AND TOWN COUNCIL c From: CASSIE HANSEN, TOWN CLERKe/ , Date: 07/26/99 Re: AGENDA ITEM #1 — PUBLIC HEARING ON BUDGET AGENDA ITEM #2— BUDGET ADOPTION The following items appear on the August 5th agenda. Please note that items #1 and #2 regarding the budget adoption appear before the consent agenda. This was done to enable the placement of some budget-related items on the consent agenda. Although all items in question were approved with the adoption of the tentative budget on July 1, staff felt that final budget adoption should take place prior to approval of the budget-related items. AGENDA ITEMS #1 AND #2 - PUBLIC HEARING AND ADOPTION OF RESOLUTION 1999- (iv 34, ADOPTING THE 1999/00 BUDGET ry e tw items begin` the final phase of the budget process for fiscal year 1999/00. State law that the of the roe tax levyoccur bythe third Mondayin August. This means �' ' ,adoption P P �Y 9 17 that August 16, .1999 is the deadline for the Council to adopt the tax levy required to retire the .: secondary tax approved by the voters in 1991 for the street paving project and the recently approved 'oi la , preservation bond. The Council will meet this requirement by adopting the tax levy a g special Council meeting. State law also requires a period of at least seven days between tb 'adoption of the final budget and adoption of the tax levy which makes August 9th the deadline to adopt the k dget. Adoption of the budget at the August 5th meeting satisfies this statutory timeline The'/only other requirement is that the tentative budget be published for two consecutive weeks prior to the final adoption. This requirement will have been met prior to the August tli meeting• kAiblic hearing precedes the adoption of the budget, which has been properly noticed accor'tstate law. Staff recommends approval of Resolution 1999-34. If you have any questions on either of these items, please do not hesitate to contact me. L Page 1 of 1 Cassie Hansen Last printed 07/26/99 11:58 AM 07/26/99 (01, Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLE17)011, Date: 08/04/99 Re: AGENDA UPDATE There have been a couple of changes to the August 5th agenda. Please note the following: AGENDA ITEM #16— PRELIMINARY PLAT FOUNTAIN HILLS RESORT This item was removed from the consent agenda and is now agenda item #17, the first item that • • -•ular agenda. 21 —VOTE TO GO INTO EXECUTIVE SESSION Ap dexeci.iw `e ' es •£�j(s been added to the agenda for the purpose of discussing possible iitigation1p nd • and obtaining legal advice from the attorney. Pi As akAia"ysliif.,ypti 1E1V y questions, please feel free to contact me. Page 1 of 1 Cassie Hansen Last printed 08/04/99 2:35 PM 08/04/99 RESOLUTION NO. 1999-34 (br,. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ADOPTING THE TENTATIVE BUDGET AS THE 1999-00 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. WHEREAS, in accordance with the provisions of Title 42, Sections 301, 302, 303 and 304, A.R.S., the Town Council of the Town of Fountain Hills did, on July 1, 1999, make an estimate of the different amounts required to meet the public expenditures and expenses for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of$450,500; and WHEREAS, in accordance with said sections of said title, and following due public notice, the Council met on August 5, 1999, at which meeting any taxpayer was privileged to appear and be heard in favor of or against any of the proposed expenditures and expenses; and WHEREAS, it appears that publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on August 5, 1999, at the meeting place of the Council for the purpose of hearing taxpayers; and WHEREAS, it appears that the sums to be raised by taxation, as specified therein, do not in the aggregate amount exceed that amount as computed in Title 42 Section 301.A,A.R.S.; NOW, THEREFORE, BE IT RESOLVED, that the said estimates of revenues, expenditures and expenses shown on the accompanying schedules as now increased, reduced or changed by and the same are hereby adopted as the budget of the Town of Fountain Hills for the fiscal year 1999-00. PASSED AND ADOPTED this 5th day of August, 1999, by the Mayor and Town Council of Fountain Hills. /If •4-- - ATTEST: ( Sharon Morgan, Mayor / nt/j/j_t_t, Wf� ji.A1A . 0 Cassie B. Hansen,Town Clerk ,REV WED /, / II `� Paul . Nordin,Town Ma(nG//ager APPROVED ASTO FO • aPASS AIL S 7 I William E. Farrell, Town Attorney .F MOTION l�, �(�jLskof SECOND A �.- COUNT 7-D MEMORANDUM Date: July 26, 1999 To: Mayor and Council From: Scott W. Ruby, Bond Counsel Subject: General Obligation Bond Sale Bids will be received for the purchase of$1,400,000 in principal amount of the Town's General Obligation Bonds, Series 1999 at 10:00 a.m., on August 5, 1999. Resolution No. 1999-37 awards the purchase of the bonds to the lowest bidder. The resolution also authorizes certain documents to be signed, which documents are necessary for the issuance of the Bonds under Question No. 2 approved by the voters of the Town at the May 18, 1999 bond election. L L SWR:gmh 314950.01 7/26/99 FEDERAL TAXPAYER I.D. NO. 86-0650150 L BOND REGISTRAR, TRANSFER AGENT AND PAYING AGENT CONTRACT FOR BONDS OF THE TOWN OF FOUNTAIN HILLS,ARIZONA This Bond Registrar, Transfer Agent and Paying Agent Contract dated as of August 1, 1999 (the "Agreement"), is made and entered into between the TOWN OF FOUNTAIN HILLS, ARIZONA (hereinafter called the "Town"), and U.S. BANK TRUST NATIONAL ASSOCIATION, Phoenix, Arizona (hereinafter called the "Bank"), and witnesseth as follows: The Town will issue its Town of Fountain Hills, Arizona, General Obligation Bonds, Series 1999 (the "Bonds") in the aggregate principal amount of $1,400,000. The Mayor and Council (the "Council") of the Town have determined that the services of a bond registrar, transfer agent and paying agent are necessary and in the best interests of the Town. The Bank desires to perform Registrar, Transfer Agent and Paying Agent Services during the life of Bonds. For and in consideration of the mutual promises, covenants, conditions and agreements hereinafter set forth, the parties do agree as follows: 1. Services. The Bank hereby agrees to provide the following services: A. Registrar services which shall include, but not be limited to (1) initial authentication and verification of the Bonds; (2) keeping registration books sufficient to comply with Section 149 of the Internal Revenue Code of 1986, as amended (the "Code"); (3) recording transfers of ownership of the Bonds promptly as such transfers occur; (4)protecting against double or overissuance; (5) authenticating new Bonds prepared for issuance to transferees of original and subsequent purchasers; (6) informing the Fountain Hills of the need for additional printings of the Bonds should the forms printed prior to initial delivery prove inadequate; and (7) lodging with the Town the signatures of the persons authorized and designated from time to time to authenticate the Bonds. B. Transfer agent services which shall include, but not be limited to, (1) receiving and verifying all Bonds tendered for transfer; (2) preparing new Bonds for delivery to transferees and delivering same either by delivery or by mail, as the case may be; (3) destroying Bonds submitted for transfer; and (4) providing proper information for recordation in the registration books. C. Paying agent services which shall include, but not be limited to, (1) providing a billing to the Town at least thirty (30) days prior to a Bond interest payment date setting forth the amount of principal and interest due on such date; (2) preparing, executing, wiring or mailing all interest payments to each registered owner of the Bonds one (1) business day prior to the scheduled payment date or as soon as money for payment of such interest has been transferred to the paying agent but in no event later than 2:30 p.m., eastern time, on the date such payments are due; (3) verifying all matured Bonds upon their surrender; (4)paying all principal SWR:gmh 314820.01 7/23/99 and premium, if any, due upon the Bonds as they are properly surrendered therefor to the Bank; (5) preparing a semiannual reconciliation showing all principal and interest paid during the period and providing copies thereof to the Town; (6) inventorying all cancelled checks, or microfilm proof of such checks for six (6) years after payment; and (7) making proof of such payments available to the Town or any owner or former owner. 2. Record Date. The "Record Date" for the payment of interest will be the fifteenth (15th) day of the month preceding an interest payment date. Normal transfer activities will continue after the Record Date but the interest payments will be mailed to the registered owners of Bonds as shown on the books of the Bank on the close of business on the Record Date. Principal (and premium, if any) shall be paid only on surrender of the particular Bond at or after its maturity or prior redemption date, if applicable. 3. Redemption Notices. The Bank agrees to provide certain notices to the Bond owners as required in the resolution of the Town approving the issuance, sale and delivery of the Bonds. Notice of redemption of any Bonds redeemed prior to their stated maturity date shall be sent to each registered owner not more than sixty (60) days nor less than thirty (30) days prior to the date of redemption. Additionally, such notice shall be sent electronically to the owners of at least $1,000,000 aggregate principal amount of Bonds and to at least two national information services. Notice of redemption shall be sent electronically to any depository institution which is a registered owner, such that the notice of redemption is received not less than two (2) days prior to the date of general publication or release to the public. The Bank agrees to send a duplicate notice of redemption to any registered owner who has not submitted Bonds for redemption within thirty (30) days after the date set for redemption. Each redemption notice must contain, at a minimum, the complete official name of the issue with series designation, CUSIP number, certificate numbers, amount of each Bond called (for partial calls), date of issue, interest rate, maturity date, publication date (date of release of notice to the general public, i.e. date of publication in a newspaper or date of general mailing of notices to Bond owners and information services), redemption date, redemption price, redemption agent and the name and address of the place where Bonds are to be tendered, including the name and phone number of the contact person. 4. Issuance and Transfer of Bonds. The Bank will issue the Bonds to registered owners, require the Bonds to be surrendered and cancelled and new Bonds issued upon transfer, and maintain a set of registration books showing the names and addresses of the owners from time to time of the Bonds. The Bank shall promptly record in the registration books all changes in ownership of the Bonds. 5. Payment Deposit. The Town will transfer immediately available funds to the Bank no later than one (1) business day prior to or, if agreed to by the parties hereto, on the date on which the interest, principal and premium payments (if any) are due on the Bonds, but in no event later than 11:00 a.m., eastern time, on the date such payments are due. The Bank shall tkir not be responsible for payments to Bond owners from any source other than moneys transferred to it by the Town. SWR:gmh 314820.01 7/23/99 -2- 6. Collateral. The Bank shall collateralize the funds on deposit at the Bank in accordance with A.R.S. §§ 35-323 and 35-491. 7. Turnaround Time. The Bank will comply with the 72-hour turnaround time required by Securities and Exchange Commission Rule 17(A)(d)(2) on routine transfer items. 8. Fee Schedule; Initial Fee. For its services under this Agreement, the Town shall pay the Bank in accordance with the fee schedule set forth in the attached Exhibit A, which is incorporated herein by reference. The fee for the Bank's initial services hereunder and services to be rendered until the end of the Town's current fiscal year is $ and shall be due at the initial delivery of the Bonds and shall be payable from proceeds of the Bonds. Subsequent payments shall be made in accordance with this Agreement. 9. Fees for Services in Subsequent Fiscal Years. The Bank will bill the Town prior to June 1, 2000, and prior to each June 1 thereafter. 10. Facility and Services. If requested by the Town, the Bank will provide a facility for the examination and packaging of the Bonds prior to Bond closing, a suitable room for Bond closing and assist with all details of Bond closing, including transfer of Bond proceeds. The Bank will cause its authorized representative to execute the authentication on the face of the Bonds at least one (1) day prior to actual closing. Upon payment of any added costs and giving of proper indemnity as the Bank shall determine, custody of the Bonds may be given to the initial purchaser at least one day prior to closing. 11. Hold Harmless. The Bank shall indemnify and hold harmless the Town, its Mayor and Council, the Accounting Supervisor and all boards, commissions, officials, officers and employees of the Town, individually and collectively, from the Bank's failure to perform to its standard of care as herein stated. 12. Standard of Care Required of the Bank. In the absence of bad faith on its part in the performance of its services under this Agreement, the Bank shall not be liable for any action taken or omitted to be taken by it in good faith and believed by it to be authorized hereby or within the rights and powers conferred upon it hereunder, nor for action taken or omitted to be taken by it in good faith and in accordance with advice of counsel, and shall not be liable for any mistakes of fact or error or judgment or for any actions or omissions of any kind unless caused by its own willful misconduct or negligence. 13. Entire Agreement. This Agreement and Exhibit A attached hereto contain the entire understanding of the parties with respect to the subject matter hereof, and no waiver, alteration or modification of any of the provisions hereof, shall be binding unless in writing and signed by a duly authorized representative of all parties hereto. 14. Amendment/Termination. The Town reserves the right to amend or terminate any individual service set forth in this Agreement or all of the services upon providing a sixty (60) day prior written notice. Any corporation, association or agency into which the Bank may be converted or merged, or with which it may be consolidated, or to which it may sell or transfer its corporate trust business and assets as a whole or substantially as a whole, or any corporation or association resulting from such conversion, sale merger, consolidation or transfer to SWR:gmh 314820.017/23/99 -3- which it is a party, ipso facto, shall be and become successor bond registrar and paying agent under this Agreement and vested with all or the same rights, powers, discretions, immunities, privileges and all other matters as was its predecessor, without the execution or filing of any instrument or any further act, deed or conveyance on the part of any of the parties hereto, anything herein to the contrary notwithstanding. 15. Resignation. The Bank may resign as registrar and paying agent at any time by giving thirty (30) days' written notice of resignation to the Town. The resignation shall take effect upon the appointment of a successor registrar and paying agent. A successor registrar and paying agent will be appointed by the Town; provided, that if a successor registrar and paying agent is not so appointed within ten (10) days after a notice of resignation is received by the Town, the Bank may apply to any court of competent jurisdiction to appoint a successor registrar and paying agent. 16. Receipt. By execution of this Agreement, the Bank hereby acknowledges receipt of (1) resolution(s) of the Mayor and Council of the Town authorizing the issuance of Bonds, the Notice Inviting Proposals for the Purchase of the Bonds and the proposals of the winning bidder(s) therefor; (2) a signature certificate showing the actual signatures of the persons executing the Bonds and adopting as and for their signatures the signatures on the Bonds; (3) the Town's receipt acknowledging payment of the entire principal amount of the Bonds and any accrued interest or premium due thereon; (4) the approving Bond Counsel opinion of Gust Rosenfeld P.L.C.; and (5) the debt service payment schedule. 17. Reports to Arizona Department of Revenue. The Bank shall make such reports to the Arizona Department of Revenue (the "Department") pertaining to the retirement of any Bonds and of all payments of interest thereon immediately upon such retirement or payment as may be required by the Department pursuant to A.R.S. § 35-502. 18. Form of Records. The Bank's records shall be kept in compliance with standards as have been or may be issued from time to time by the Securities and Exchange Commission, the Municipal Securities Rulemaking Board of the United States, the requirements of the Code and any other securities industry standard. 19. Advice of Counsel and Special Consultants. When the Bank deems it necessary or reasonable, it may apply to Gust Rosenfeld P.L.C. or such other law firm or attorney approved by the Town for instructions or advice. Any fees and costs incurred shall be added to the next fiscal year's fees, costs and expenses to be paid to the Bank. 20. Examination of Records. The Town, or its duly authorized agents may examine the records relating to the Bonds at the office of the Bank where such records are kept at reasonable times as agreed upon with the Bank and such records shall be subject to audit from time to time at the request of the Town, the Bank or the Auditor General of the State of Arizona. 21. Payment of Unclaimed Amounts. In the event any check for payment of kor interest on a Bond is returned to the Bank unendorsed or is not presented for payment within two (2) years from its payment date, or any Bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such interest or principal due upon such SWR:gmh 314820.01 7/23/99 -4- Bond shall have been made available to the Bank for the benefit of the owners thereof, it shall be the duty of the Bank to hold such funds, without liability for interest thereon, for the benefit of the owners of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature relating to such Bond or amounts due thereunder. The Bank's obligation to hold such funds shall continue for two (2) years and six (6) months following the date on which such interest or principal payment became due, whether at maturity or at the date fixed for redemption, or otherwise, at which time the Bank shall surrender such unclaimed funds so held to the Town, whereupon any claim of whatever nature by the owners of such Bonds arising under such Bonds shall be made upon the Town. 22. Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision. 23. Mutilated, Lost or Destroyed Bonds. With respect to Bonds which are mutilated, lost or destroyed, the Bank shall cause to be executed and delivered a new Bond of like date and tenor in exchange and substitution for and upon the cancellation of such mutilated Bond or in lieu of and in substitution for such Bond lost or destroyed, upon the registered owner's paying the reasonable expenses and charges in connection therewith and, in the case of any Bond destroyed or lost, filing by the registered owner with the Bank and the Town of evidence satisfactory to the Bank and the Town with a sufficient indemnity bond as provided in Arizona Revised Statutes Section 47-8405. 24. Conflict of Interest. Each party gives notice to the other parties that A.R.S. Section 38-511 provides that the State of Arizona (the "State"), its political subdivisions or any department or agency of either, may within three (3) years after its execution cancel any contract without penalty or further obligation made by the State, its political subdivisions or any of the departments or agencies of either, if any person significantly involved in initiating, negoti- ating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any of the departments or agencies of either, is at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. 25. Costs and Expenses. The Town hereby agrees to pay all costs and expenses of the Registrar pursuant hereto. If, for any reason, the amounts the Town agrees to pay herein may not be paid from the annual tax levy for debt service on the Bonds, such costs shall be paid by the Town from any funds lawfully available therefor and the Town agrees to take all ctions necessary to budget for and authorize expenditure of such amounts. 26. Covenants. The Town has agreed in its approving resolution to take all necessary actions required to preserve the tax-exempt status of the Bonds. Such actions may require the calculation of amounts of arbitrage rebate which may be due and owing to the United States. The calculation of such rebate amount may be performed by an individual or firm qualified to perform such calculations and who or which may be selected and paid by the Town. If the Town does not retain a consultant to do the required calculations concerning arbitrage rebate and if a rebate calculation is required to permit interest on the Town's Bonds to be and remain SWR:gmh 314820.01 7/23/99 -5- exempt from gross income for federal income tax purposes, the Town may include, in addition to all other bills payable under this Agreement, the costs and expenses and fees of an arbitrage con- sultant. The Town may contract with a consultant to perform such arbitrage calculations as are necessary to meet the requirements of the Code. All fees, costs and expenses so paid may be deducted from moneys of the Town or from tax levies made to pay the interest on the Bonds. Such costs, fees and expenses shall be considered as interest payable on the Bonds. The Bank shall have no responsibilities in connection with this Section 26. This Agreement is dated and effective as of August 1, 1999. TOWN OF FOUNTAIN HILLS,ARIZONA By Mayor ATTEST: Clerk U.S. BANK TRUST NATIONAL ASSOCIATION, as Registrar By Authorized Representative APPROVED AS TO FORM: Bond Counsel Attach as Exhibit A the fee schedule of the Registrar. L SWR:gmh 314820.017/23/99 -6- Exhibit "A" Property A portion of Section 14, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: BEGINNING at the most Easterly corner of ARRIBA DEL LAGO, according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, recorded July 14, 1988 in Book 323 of Maps, Page 30; thence North 19 degrees 31 minutes 02 seconds West along the boundary of said ARRIBA DEL LAGO, a distance of 229.82 feet; thence departing said ARRIBA DEL LAGO,North 32 degrees 01 minutes 58 seconds East a distance of 126.83 feet; thence North 06 degrees 32 minutes 28 seconds East a distance of 239.45 feet; thence North 51 degrees 20 minutes 36 seconds East a distance of 239.27 feet; thence North 07 degrees 30 minutes 05 seconds East, a distance of 198.49 feet; thence North 47 degrees 03 minutes 47 seconds East a distance of 197.47 feet; thence South 28 degrees 10 minutes 59 seconds East a distance of 408.66 feet to a point on a comer of Lot 9, of MIRAGE POINTE, according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, recorded in Book 419 of Maps, Page 19; thence South 19 degrees 15 minutes 47 seconds East along the boundary of said MIRAGE POINTE a distance of 163.46 feet; thence South 19 degrees 33 minutes 31 seconds West continuing along said boundary line and its prolongation a distance of 215.53 feet; thence South 09 degrees 06 minutes 57 seconds East a distance of 107.13 feet; thence South 76 degrees 00 minutes 53 seconds East a distance of 41.44 feet; thence South 10 degrees 34 minutes 55 seconds East a distance of 298.01 feet; thence North 79 degrees 25 minutes 49 seconds East a distance of 153.58 feet; thence South 05 degrees 45 minutes 57 seconds West a distance of 332.60 feet; 1/4110, thence South 53 degrees 30 minutes 24 seconds East a distance of 155.55 feet; H:\WP\L314AGT9.VR4 7/13/99 9:37 am 14 thence South 73 degrees 13 minutes 33 seconds West a distance of 158.56 feet; kir thence North 28 degrees 00 minutes 15 seconds West a distance of 138.51 feet; thence North 74 degrees 38 minutes 48 seconds West a distance of 66.26 feet; thence North 73 degrees 52 minutes 05 seconds West a distance of 252.22 feet; thence North 21 degrees 45 minutes 29 seconds East a distance of 116.08 feet; thence North 13 degrees 46 minutes 36 seconds West a distance of 212.97 feet to the POINT OF BEGINNING. EXCEPT all minerals as reserved in Patent from the United States of America; EXCEPT all underground water,in,under or flowing through said land and water rights appurtenant thereto. L H:\WP\L314AGT9.VR4 15 7/13/99 9:37 am Exhibit "B" When Recorded Return to: Town of Fountain Hills 16836 E. Palisades Blvd. Building C Box 17958 Fountain Hills, AZ 85269 Attn: Town Clerk • SPECIAL WARRANTY DEED GRANTOR: MCO PROPERTIES L.P., a Delaware limited partnership, d/b/a MCO PROPERTIES LIMITED PARTNERSHIP GRANTEE: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation FOR THE CONSIDERATION OF Ten Dollars($10.00)and other valuable considerations,Grantor hereby conveys to Grantee the following real property situated in Maricopa County, Arizona, together with all rights and privileges appurtenant thereto (the "Property"): See Exhibit "A" attached hereto and incorporated herein by reference. EXCEPT all oil, gases and other hydrocarbon substances, coal, stone, metals, minerals, fossils and fertilizers of every name and description, together with all uranium, thorium, or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value; and EXCEPT all rights to drill for or otherwise withdraw underground water in,under or flowing through the Property; SUBJECT TO all taxes and other assessments, reservations, patents, easements, covenants, conditions,restrictions,reservations,rights,rights-of-way,obligations and liabilities that may appear of record, rights or claims of parties in possession and easements or claims of easements not shown by the public records; encroachments, roadways, overlaps, conflicts in boundary line, shortages in area and other matters which would be disclosed by a survey or inspection of the Property; unpatented mining claims; and all Federal, State, County, District and local laws, ordinances, regulations, zoning codes and the like as the same now exist and as may hereafter be established or amended. kimy H:\W1'\L314AGT9.VR4 16 7/13/99 937 am Grantor hereby binds itself and its successors to warrant and defend the title as against all acts of (iv Grantor herein and none other, subject to the matters above set forth. DATED this day of , 1999. MCO Properties L.P., a Delaware limited partnership By: MCO Properties Inc., a Delaware corporation, general partner By: Name: Title: H:\WP\L314AGT9.VR4 1 7 7/13/99 937 am (ACKNOWLEDGMENT) STATE OF ARIZONA § COUNTY OF MARICOPA § This instrument was acknowledged before me on the day of , 199, by of MCO Properties Inc., a Delaware corporation on behalf of that corporation, as general partner on behalf of MCO Properties L.P., a Delaware limited partnership d/b/a MCO Properties Limited Partnership. NOTARY SEAL Notary Public in and for the State of Arizona My Commission Expires: L H:\WP\L314AGT9.VR4 7/13/99 937 am 18 RESOLUTION NO. 1999-37 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,400,000 AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 1999; PROVIDING FOR THE ANNUAL LEVY OF A TAX FOR THE PAYMENT OF THE BONDS; ACCEPTING A PROPOSAL FOR THE PURCHASE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE SERVICES OF A BOND REGISTRAR, TRANSFER AGENT AND PAYING AGENT; AUTHORIZING THE PURCHASE OF BOND INSURANCE; APPROVING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUANCE AND SALE OF THE BONDS HEREIN AUTHORIZED; RATIFYING THE ACTIONS OF CITY OFFICERS AND AGENTS CONCERNING THE BONDS AND THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT PERTAINING TO THE BONDS; PROVIDING CERTAIN TERMS, COVENANTS AND PROVISIONS REGARDING THE BONDS; AND DECLARING AN EMERGENCY. WHEREAS, pursuant to a special bond election held in and for the Town of Fountain Hills, Arizona (the "Town"), on May 18, 1999, the issuance of General Obligation Bonds has been approved; and WHEREAS, the Town now desires to issue and sell $1,400,000 of its General Obligation Bonds, Series 1999 (the "Bonds"), for the purposes and according to the terms as set forth in this resolution; and WHEREAS, all acts, conditions and things required by the Constitution and laws of the State of Arizona to happen, exist and be performed precedent to and in the adoption of this resolution have happened, exist and have been performed as so required in order to make this resolution a valid and binding instrument for the security of the Bonds authorized herein; NOW, THEREFORE, IT IS RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: Section 1. Authorization. For the purpose of providing funds to make certain of the acquisitions and public improvements authorized by the qualified electors of the City at the special bond election held on May 18, 1999, there is hereby authorized to be issued and sold $1,400,000 aggregate principal amount of the Bonds. The allocation of bond proceeds to particular election questions is set forth in Exhibit B, attached hereto and incorporated by reference herein. Section 2. Terms. The Bonds hereby authorized to be issued shall be designated Town of Fountain Hills, Arizona General Obligation Bonds, Series 1999 (the "Bonds"). The Bonds shall be dated as of August 1, 1999 and will bear interest from the most recent January 1 or July 1 to which interest has been paid, or in the case of the interest due January 1, 2000, from their original dated date, to the maturity of each of the Bonds. The first interest payment date will be January 1, 2000, and interest shall be payable semiannually SWR:gmh 314809 8/5/99 thereafter on each succeeding July 1 and January 1 during the term of the Bonds. The Bonds tiew will be in the denomination of $5,000 each or integral multiples thereof and will be in fully registered form. The Bonds will mature on July 1 in the years and amounts and shall bear interest at the rates as follows: Maturity Maturity Date Principal Interest Date Principal Interest (July 1) Amount Rate (July 1) Amount Rate 2000 $50,000 6.50% 2008 $100,000 4.70% 2001 75,000 6.50% 2009 100,000 ' 4.80% 2002 75,000 6.50% 2010 100,000 4.90% 2003 75,000 6.50% 2011 125,000 5.00% 2004 75,000 6.50% 2012 125,000 5.00% 2005 75,000 6.50%' 2013 125,000 5.00% 2006 75,000 4.50% 2014 125,000 5.10% 2007 100,000 4.60% The principal of and premium, if any, on the Bonds shall be payable, when due, upon surrender of such Bond, at the designated corporate trust office of the Registrar and Paying Agent (as hereinafter defined). Interest on the Bonds shall be payable by check, dated as of the interest payment date, mailed at or prior to each interest payment date to the registered owner thereof as shown on the registration books for the Bonds maintained by the Registrar at the address appearing therein at the close of business on the fifteenth day of a calendar month preceding an interest payment date (the "Record Date"). Upon written request made at least twenty(20) days prior to an interest payment date by a registered owner of at least $1,000,000 in principal amount of Bonds outstanding or on any Bonds held by a securities depository, all payments of interest and, if adequate provision for surrender is made, principal and premium, if any, shall be paid by wire transfer in immediately available funds to an account within the United States of America designated by such registered owner. The Bonds have such additional_terms and provisions as are set forth in the form of Bond attached hereto as Exhibit A, which is a part of this resolution. Section 3. Prior Redemption. A. Redemption. Bonds maturing on or before July 1, 2009, are not subject to call for redemption prior to maturity. Bonds maturing on or after July 1, 2010, are subject to call for redemption prior to maturity, at the option of the Town, in whole or in part, on July 1, 2009, or on any interest payment date thereafter by the payment of a redemption price equal to the principal amount of each Bond called for redemption plus accrued interest to the date fixed for redemption plus a premium payable from any sources lawfully available therefor, the premium (calculated as a percentage of the principal amount of such Bonds to be redeemed) to be computed as follows: -2- SWR:gmh 314809 8/5/99 Redemption Dates Premium July 1, 2009, and January 1, 2010 1.0% July 1, 2010, and January 1, 2011 0.5% July 1, 2011, and thereafter without premium. B. Notice. Notice of redemption of any Bond will be mailed by first class mail, postage prepaid, to the registered owner thereof at the address shown on the books of the Registrar not more than sixty (60) nor less than thirty (30) days prior to the date set for redemp- tion. Failure to properly give notice of redemption shall not affect the redemption of any Bond for which notice was properly given. C. Effect of Call for Redemption. On the date designated for redemption by notice given as herein provided, the Bonds so called for redemption shall become and be due and payable at the redemption price provided for redemption of such Bonds on such date, and, if moneys for payment of the redemption price are held in separate accounts by the Paying Agent, interest on such Bonds or portions of Bonds so called for redemption shall cease to accrue, such Bonds shall cease to be entitled to any benefit or security hereunder and the owners of such Bonds shall have no rights in respect thereof except to receive payment of the redemption price thereof and such Bonds shall be deemed paid and no longer outstanding. D. Redemption of Less Than All of a Bond. The Town may redeem an amount which is included in a Bond in the denomination in excess of, but divisible by, $5,000. In that event, the registered owner shall submit the Bond for partial redemption and the Paying Agent shall make such partial payment and the Registrar shall cause to be issued a new Bond in a principal amount which reflects the redemption so made to be authenticated and delivered to the registered owner thereof. Section 4. Security. For the purpose of paying the principal of, interest and premium (if any) on early redemption and costs of administration of the registration and payment of the Bonds there shall be levied on all the taxable property in the Town a continuing, direct, annual, ad valorem tax sufficient to pay all such principal, interest, premium and administration costs on the Bonds as the same becomes due, such taxes to be levied, assessed and collected at the same time and in the same manner as other taxes are levied, assessed and collected. The proceeds of the taxes shall be kept in a special fund and shall be used only for the purpose for which collected. Section 5. Form of Bonds. The Bonds shall be in substantially the form of Exhibit A, attached hereto and incorporated by reference herein, with such necessary and appropriate omissions, insertions and variations as are permitted or required hereby and are approved by those officers executing the Bonds and execution thereof by such officers shall constitute conclusive evidence of such approval. The Bonds may have notations, legends or endorsements required by law, securities exchange rule or usage. Each Bond shall be dated the date of its authentication and registration. -3- SWR:gmh 314809 8/5/99 Section 6. Use of Proceeds. The proceeds from the sale of the Bonds shall be set aside and deposited by the Accounting Supervisor into a separate account and used for the purpose set forth on Exhibit B attached hereto. These Bonds will be charged against the Town's 20% debt limit (Article 9, Section 8, Arizona Constitution). The moneys for this purpose as stated above shall be applied and used solely for such purpose. Section 7. Execution of Bonds. The Bonds shall be executed for and on behalf of the Town by the Mayor and attested by the Clerk by their manual or facsimile signatures and the Town seal will be either photographically, mechanically reproduced or manually imprinted or affixed on the Bonds. If the signatures are affixed or imprinted by facsimile, the Mayor and Clerk shall execute a certificate adopting as their signatures the facsimile signatures appearing on the Bonds. If an officer whose signature is on a Bond no longer holds that office at the time the Bond is authenticated and registered, the Bond shall nevertheless be valid. A Bond shall not be valid or binding until authenticated by the manual signature of an authorized officer of the Registrar. The signature shall be conclusive evidence that the Bond has been authenticated and issued under this resolution. Section 8. Mutilated, Lost or Destroyed Bonds. In case any Bond becomes mutilated or destroyed or lost, the Town shall cause to be executed and delivered a new Bond of like date and tenor in exchange and substitution for and upon the cancellation of such mutilated Bond or in lieu of and in substitution for such Bond destroyed or lost, upon the registered owner's paying the reasonable expenses and charges of the Town in connection therewith and, in the case of the Bond destroyed or lost, filing with the Town Clerk by the registered owner evidence satisfactory to the Town that such Bond was destroyed or lost, and furnishing the Town with a sufficient indemnity bond pursuant to § 47-8405, Arizona Revised Statutes. Section 9. Acceptance of Final Bid. The bid of Dean Witter Reynolds (the "Purchaser"), which is on file with the Town Clerk, is hereby accepted as the lowest and best bid and the Bonds are hereby ordered sold to such-purchaser in accordance with the terms of such bid and the terms and conditions of the Notice Inviting Proposals for the Purchase of Bonds. The Accounting Supervisor is hereby authorized and directed to cause the Bonds to be delivered to or upon the order of the purchaser upon receipt of payment therefor and satisfaction of the other conditions for delivery thereof in accordance with the terms of the sale. Section 10. Registrar and Paying Agent. The Town will maintain an office or agency where Bonds may be presented for registration of transfer(the "Registrar") and an office or agency where Bonds may be presented for payment (the "Paying Agent"). The Town may appoint one or more co-registrars or one or more additional Paying Agents. The Registrar and Paying Agent may make reasonable rules and set reasonable requirements for their respective functions with respect to the owners of the Bonds. L -4- SWR:gmh 314809 8/5/99 Initially, U.S. Bank Trust National Association, Phoenix, Arizona, will act as, and . is hereby designated as, the Registrar and Paying Agent with respect to the Bonds. Any entity into which the Registrar and Paying Agent is merged or consolidated shall continue as the Registrar and Paying Agent hereunder without notice to the owners of Bonds or any further action by the Town. The Town may change the Registrar or Paying Agent without notice to or consent of owners of the Bonds and the Town may act in any such capacity. The contract for Registrar's services is hereby approved in substantially the form on file with the Town Clerk to provide for payment of Registrar's services. The Mayor or Accounting Supervisor is hereby authorized and directed to execute the contract with the Registrar. Each Paying Agent will be required to agree in writing that the Paying Agent will hold in trust for the benefit of the owners of the Bonds all moneys held by the Paying Agent for the payment of principal of and interest and any premium on the Bonds. The Registrar may appoint an authenticating agent acceptable to the Town to authenticate Bonds. An authenticating agent may authenticate Bonds whenever the Registrar may do so. Each reference in this resolution to authentication by the Registrar includes authentication by an authenticating agent acting on behalf and in the name of the Registrar and subject to the Registrar's direction. The Registrar shall keep a register of the Bonds, the registered owners of the Bonds and of transfer of the Bonds. When Bonds are presented to the Registrar or a co-registrar with a request to register transfer, the Registrar will register the transfer on the registration books if its requirements for transfer are met and will authenticate and deliver one or more Bonds registered in the name of the transferee of the same principal amount, maturity and rate of interest as the surrendered Bonds. Bonds presented to the Registrar for transfer after the close of business on the Record Date and before the close of business on the next subsequent interest payment date will be registered in the name of the transferee but the interest payment will be made to the registered owners shown on the books of the Registrar as of the close of business on the Record Date. The Registrar shall authenticate Bonds for original issue up to $1,400,000 in aggregate principal amount upon the written request of the Accounting Supervisor. The aggregate principal amount of Bonds outstanding at any time may not exceed that amount except for replacement Bonds as to which the requirements of the Registrar and the Town are met. Section 11. Official Statement. The preparation, completion, use and distribution of the Preliminary Official Statement dated July 16, 1999 (the "Preliminary Official Statement"), pertaining to the original issuance of the Bonds in the form now on file with the Town Clerk is approved as a "deemed final" official statement (excepting permitted omissions), by the Town as of its date for purposes of Securities and Exchange Commission Rule 15c2-12 (the "Disclosure Rule"). Either the Mayor or the Accounting Supervisor is hereby authorized to certify or represent that the Official Statement is "final" for purposes of the Disclosure Rule. Such approval of the Preliminary Official Statement by either the Mayor or Accounting -5- SWR:gmh 314809 8/5/99 Supervisor shall constitute the approval and designation by the Town of the Preliminary Official Statement as a deemed final Official Statement for all purposes of the Disclosure Rule. Either the Mayor or Accounting Supervisor is authorized on the Town's behalf to complete a final official statement to be dated on or about the date hereof, and in substantially the form of the Preliminary Official Statement (the "Final Official Statement"). (The Preliminary Official Statement and the Final Official Statement are collectively referred to herein as the "Official Statement") The Final Official Statement shall contain such modifications, changes and supplements as either the Mayor or Accounting Supervisor shall approve or authorize as necessary to make true and accurate the information contained therein. Either the Mayor or Accounting Supervisor is hereby authorized to execute and deliver to the Underwriters the Final Official Statement. Either the Mayor or Accounting Supervisor is further authorized to use and distribute, or authorize the use and distribution of, the Final Official Statement and supplements thereto concerning the original issuance of the Bonds as may in the Mayor's or Accounting Supervisor's judgment be necessary or appropriate. The Mayor, Town Clerk or Accounting Supervisor is also authorized to sign and deliver, on the Town's behalf and in their official capacities, such certificates concerning the accuracy of the Final Official Statement and any amendment thereto as may, in their judgment, be necessary or appropriate. Section 12. Continuing Disclosure Undertaking. In order to comply with the provisions of the Disclosure Rule, the Accounting Supervisor is hereby authorized and directed to prepare, execute and deliver on behalf of the City a written undertaking or agreement for the benefit of the owners of the Bonds. The written undertaking or agreement shall contain such terms and provisions as are necessary to comply with the Disclosure Rule including, but not limited to, an agreement to provide both annual financial information (and audited financial statements, when available) and material events disclosure to nationally recognized municipal securities information repositories. Section 13. Rebate Fund: Rebate Payments. The Mayor and the Council hereby authorize the Accounting Supervisor or any agent thereof to create a separate fund to be known as the Rebate Fund. Into such fund shall be deposited any and all moneys deemed necessary to remain in compliance with the provisions of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or any regulations promulgated thereunder. Moneys in such fund shall be segregated or (if authorized in writing by an opinion of bond counsel) commingled with other moneys of the Town. The Accounting Supervisor is ordered and directed to employ or engage one or more arbitrage rebate consultants to calculate annually any necessary rebate amount to be paid to the United States of America. The Accounting Supervisor is authorized and directed to pay any amounts necessary to the United States, as arbitrage rebate(s). Section 14. Resolution a Contract. This resolution shall constitute a contract between the Town and the registered owners of the Bonds and shall not be repealed or amended -6- SWR:gmh 314809 8/5/99 in any manner which would impair, impede or lessen the rights of the registered owners of the Bonds then outstanding. Section 15. Severability. If any section, paragraph, subdivision, sentence, clause or phrase of this resolution is for any reason held to be illegal or unenforceable, such decision will not affect the validity of the remaining portions of this resolution. The Mayor and Council hereby declare that the Town would have adopted this resolution and each and every other section, paragraph, subdivision, sentence, clause or phrase hereof and authorized the issuance of the Bonds pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of this resolution may be held illegal, invalid or unenforceable. Section 16. Ratification of Actions. All actions of the officers and agents of the Town which conform to the purposes and intent of this resolution and which further the issuance and sale of the Bonds as contemplated by this resolution whether heretofore or hereafter taken shall be and are hereby ratified, confirmed and approved. Any change made in the Notice Inviting Proposals for the Purchase of Bonds which do not conform to the prior order of this Mayor and Council are hereby ratified. The proper officers and agents of the Town are hereby authorized and directed to do all such acts and things and to execute and deliver all such documents on behalf of the Town as may be necessary to carry out the terms and intent of this resolution. Section 17. Tax Covenants. In consideration of the purchase and acceptance of 160 the Bonds by the owners thereof and, as authorized by Arizona Revised Statutes, Title 35, Chapter 3, Article 7, and in consideration of retaining the exclusion of interest income on the Bonds from gross income for federal income tax purposes, the Town covenants with the owners from time to time of the Bonds to neither take nor fail to take any action which action or failure to act is within its power and authority and would result in interest on the Bonds become subject to federal income taxes. The Town agrees that it will comply with such requirements as in the opinion of Gust Rosenfeld P.L.C. ("bond counsel") are necessary to prevent interest on the Bonds becoming subject to inclusion in gross income for federal income tax purposes. Such requirements may include but are not limited to making further specific covenants; making truthful certifications and representations and giving necessary assurances; complying with all representations, covenants and assurances contained in certificates or agreements to be prepared by bond counsel; to pay to the United States of America any required amounts representing rebates of arbitrage profits relating to the Bonds; filing forms, statements and supporting documents as may be required under the federal tax laws; limiting the term of and yield on investments made with moneys relating to the Bonds; and limiting the use of the proceeds of the Bonds and property financed thereby. Section 18. Emergency Clause. The immediate operation of the provisions hereof is necessary for the preservation of the public peace, health and safety and an emergency is hereby declared to exist, and this resolution will be in full force and effect from and after its -7- SWR:gmh 314809 8/5/99 passage by the Mayor and Council and it is hereby except from the referendum provisions of the Constitution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, on August 5, 1999. Mayor (. ATTEST: CA.4,d.t.; Town Clerk APPROVED AS TO FORM: ZWIC- IN Bond Counsel Exhibit A: Bond Form Exhibit B: List of Projects Financed and Bond Authorization Utilized L CERTIFICATION I, Cassie Hansen, the duly appointed and acting Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No. 1999-37 was duly passed by the Town Council of the Town of Fountain Hills, Arizona, at a regular meeting held on August 5, 1999, and the vote was C aye's and I nay's and that the Mayor and Co Council Members were present thereat. DATED: August 5, 1999. (t1./1/14:4_, Town Clerk L -8- SWR:gmh 314809 &5/99 EXHIBIT A (Face of Bond) TOWN OF FOUNTAIN HILLS,ARIZONA GENERAL OBLIGATION BOND SERIES 1999 Number: Denomination: Interest Maturity Original Rate Date Dated Date CUSIP: August 1, 1999 Registered Owner: Principal Amount: THE TOWN OF FOUNTAIN HILLS, ARIZONA, for value received, hereby promises to pay to the registered owner identified above, or registered assigns as provided herein, on the maturity date set forth above, the principal amount set forth above, and to pay interest on the unpaid principal amount at the interest rate shown above. Certain bonds of the series of which this bond is one are subject to call for redemption prior to maturity in accordance with the terms set forth on the reverse of this bond. Interest is payable on July 1 and January 1 of each year commencing January 1, 2000, and will accrue from the most recent date to which interest has been paid, or, if no interest has been paid, from the original dated date set forth above. Interest will be computed on the basis of a year comprised of 360 days consisting of twelve(12)months having thirty(30)days each. Principal, interest and any premium are payable in lawful money of the United States of America. Interest will be paid by check payable to the order of and mailed when due to the registered owner at the address shown on the registration books maintained by the registrar at the close of business on the record date as explained on the reverse hereof. The principal will be paid when due to the registered owner upon surrender of this bond for payment at the designated office of the paying agent,which on the original issue date is the corporate trust office of U.S. Bank Trust National Association. Payment of interest and, if adequate terms of surrender of such bonds are made with the Paying Agent, principal and premium, if any, may be paid to the owner of at least $1,000,000 Lir principal amount of bonds outstanding,by wire transfer to an account of such owner located within the United States of America, if such owner provides a written request to the Paying Agent at least SWR:gmh 314816.01 8/5/99 A-I twenty (20) days prior to an interest payment date, which request shall specify the wire transfer instructions. See the reverse side of this bond for additional provisions. It is hereby certified and recited that all conditions, acts and things required by the Constitution and laws of the State of Arizona to exist,to occur and to be performed precedent to and in the issuance of this bond exist, have occurred and have been performed and that the series of bonds of which this is one, together with all other indebtedness of the Town, is within every debt and other limit prescribed by the Constitution and laws of the State of Arizona, and that due provision has been made for the levy and collection of a direct, annual, ad valorem tax upon all of the taxable property in the Town for the payment of this bond and of the interest hereon as each becomes due. The Town has caused this bond to be executed by its Mayor and attested by its Clerk,which signatures may be manual or by facsimile signatures. This bond is not valid or binding upon the Town without the manually affixed signature of an authorized representative of the registrar. TOWN OF FOUNTAIN HILLS,ARIZONA Mayor ATTEST: Clerk (SEAL) DATE OF AUTHENTICATION AND REGISTRATION: AUTHENTICATION CERTIFICATE This bond is one of the Town of Fountain Hills, Arizona, General Obligation Bonds, Series 1999,described in the resolution mentioned on the reverse hereof. U.S.BANK TRUST NATIONAL ASSOCIATION, as Registrar By Authorized Representative L SWR:gmh 314816.01 8/5/99 A-2 (kw (Form of Reverse Side of Bond) This bond is one of a series of bonds in the aggregate principal amount of $1,400,000 of like tenor except as to amount, maturity date, redemption provisions, rate of interest and number, issued by the Town to provide funds to make those certain acquisitions and public improvements approved by a majority vote of qualified electors voting at elections duly called and held in and for the Town, pursuant to a resolution of the Mayor and Council of the Town duly adopted prior to the issuance hereof and pursuant to the Constitution and laws of the State of Arizona relative to the issuance and sale of general obligation bonds, and all amendments thereto, and all other laws of the State of Arizona thereunto enabling. For the punctual payment of this bond and the interest hereon and for the levy and collection of ad valorem taxes sufficient for that purpose, the full faith and credit of the Town are hereby irrevocably pledged. Bonds maturing on or before July 1, 2009, are not subject to call for redemption prior to maturity. Bonds maturing on or after July 1, 2010, are subject to call for redemption prior to maturity, at the option of the Town, in whole or in part, on July 1, 2009, or on any interest payment date thereafter,by the payment of a redemption price equal to the principal amount of each bond called for redemption plus interest accrued to the date fixed for redemption plus a premium (calculated as a percentage of the principal amount of the bonds to be redeemed) to be computed as follows: Redemption Dates Premium July 1,2009 and January 1,2010 1.0% July 1, 2010 and January 1,2011 0.5% July 1,2011 and thereafter without premium. Notice of redemption of any bond will be mailed to the registered owner of the bond or bonds being redeemed at the address shown on the bond register maintained by the registrar not more than sixty (60) nor less than thirty (30) days prior to the date set for redemption. Failure to properly give notice of redemption shall not affect the redemption of any bond for which notice was properly given. This bond is transferable by the registered owner in person or by attorney duly authorized in writing at the designated office of the registrar upon surrender and cancellation of this bond, but only in the manner and subject to the limitation and upon payment of the charges provided in the authorizing resolution. Upon such transfer a new bond or bonds of the same aggregate principal amount, maturity and interest rate will be issued to the transferee in exchange. The registrar may require an owner, among other things, to furnish appropriate endorsements and transfer documents and to pay any taxes and fees required by law or permitted by the authorizing resolution. The Town has chosen the fifteenth day of the month preceding an interest payment date as the record date for this series of bonds. Should this bond be submitted to the registrar for transfer during the period commencing after the close of business on the record date and continuing to and including the next subsequent interest payment date, ownership will be transferred in the normal manner but the interest payment will be made payable to and mailed to the registered owner as SWR:gmh 314816.01 8/5/99 A-3 shown on the registrar's books at the close of business on the record date. The registrar may be changed at any time by the Town. The registrar may but need not register the transfer of a bond which has been selected for redemption and need not register the transfer of any bond for a period of fifteen (15) days before a selection of bonds to be redeemed. If the transfer of any bond which has been called or selected for call for redemption in whole or in part is registered, any notice of redemption which has been given to the transferor will be binding upon the transferee and a copy of the notice of redemption will be delivered to the transferee along with the bond or bonds. Bonds of this series are issuable only in fully registered form in the denomination of $5,000 each or integral multiples of$5,000. The Town, the registrar and the paying agent may treat the registered owner of this bond as the absolute owner for the purpose of receiving principal, interest and any premium and for all other purposes and none of them shall be affected by any notice to the contrary. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM-as tenants in common UNIF GIFT/TRANS MIN ACT- Custodian TEN ENT-as tenants by the entireties (Cust) (Minor) iT TEN-as joint tenants with right of survivorship under Uniform Gifts/Transfers to Minors Act (State) and not as tenants in common Additional abbreviations may also be used though not in list above (Form of Assignment) FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Name and Address of Transferee) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney to transfer the within bond on the books kept for registration thereof,with full power of substitution in the premises. Dated Note: The signature(s)on this assignment must correspond with the name(s)as written on the face of the within registered bond in every particular without alteration or enlargement or any change whatsoever. Signature Guaranteed: The signature(s)should be guaranteed by an eligible guarantor institution pursuant to SEC Rule 17Ad-15 ALL FEES AND TRANSFER COSTS SHALL BE PAID BY THE TRANSFEROR SWR:gmh 314816.01 8/5/99 A-4 o 14' m Aide MEMORANDUM TO: Honorable Mayor and Town Council FROM: Julie Ghetti THROUGH: Paul Nordin RE: Retirement Plan Contribution Rate Change DATE: July 30, 1999 During the Town of Fountain Hills budget meetings in June the Council considered and approved an increase in contribution rate for the employee's retirement plan with ICMA Retirement Corporation. The proposed increase is from 9.5% to 11% effective the pay period beginning August 16, 1999 and will require both the employee and the employer contribution of 11%. Two resolutions are presented for consideration to affect the change. Resolution No. 1999-38 is to amend the employees Money Purchase Plan and Resolution No. 1999-39 is to amend the Town Manager's Prototype Money Purchase Plan and Trust. If you have any questions please do not hesitate to see me. L RESOLUTION NO. 1999 -38 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA; AMENDING THE ADOPTION AGREEMENT FOR THE TOWN OF FOUNTAIN HILLS MONEY PURCHASE PENSION PLAN. WHEREAS, the Town has previously established a money purchase retirement plan known as the Town of Fountain Hills Money Purchase Pension Plan pursuant to the specific provisions of an Adoption Agreement; and WHEREAS, the Council has previously adopted resolutions requiring the Town to "pick up" the mandatory employee contributions made on behalf of the employees; and WHEREAS, the Council desires to amend the Adoption Agreement providing for increased contributions to be made by both the Town and the employees to the plan. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council for the Town of Fountain Hills, Arizona, that effective August 16, 1999 and until Further Resolutions of the Mayor and the Common Council, the Town's contribution rate shall be 11% of the employee's earnings and the mandatory employee contribution rate by the employees shall be 11% of the employees's earnings; and BE IT FURTHER RESOLVED, that the Town will pick up the employees's revised employee contribution rate of contribution; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a Third Amendment to the Adoption Agreement to the Plan establishing the revised contribution rate as set forth above; and PASSED AND ADO TED the Mayor and Common Council of the Town of Fountain Hills, Arizona, this S day of uS'f—' , 1999. //, Sharon M gan,Mayor Attest: ,` )4.1AAA.4......J Cassie B. Hansen,Town Clerk APPRO EDQ AS TO FO • ..G� ,,._ PJ, William E. Farrell,Town Attorney E BY: i /eL--.. Paul L. ordin,Town Manager THIRD AMENDMENT TO ADOPTION AGREEMENT OF TOWN OF FOUNTAIN HILLS MONEY PURCHASE PENSION PLAN WHEREAS, the Town of Fountain Hills, Arizona (the "Employer"), became a participating Employer in the ICMA Retirement Corporation Prototype Money Purchase Plan & Trust (the "Plan")by execution of an Adoption Agreement effective November 1, 1994; WHEREAS, the Employer is authorized, pursuant to the Plan, to adopt amendments to the Adoption Agreement; and WHEREAS, the Employer has determined that amendments are required to assure the Plan's successful operation and administration. NOW, THEREFORE, pursuant to the authority granted in the Plan, the following amendments are adopted: 1. Paragraph 1 of Section VII is amended in its entirety, effective with respect to Participant Earnings paid on or after August 16, 1999, to read as follows: VII. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows (choose one): (X) Fixed Employer Contributions With or Without Mandatory Employee contributions. The Employer shall contribute on behalf of each Participant 11% of Earnings for the Plan Year (subject to the limitations of Article VI of the Plan). Each Participant is required to contribute 11% of Earnings for the Plan Year as a condition of participation. (Write "0" if no contribution is required.) If the Participant contributions are required under this option, a Participant shall not have the right to discontinue or vary the rate of such contributions after becoming Plan Participant. , The Employer hereby elects to "pick up" the Mandatory/Required Participant Contribution. X Yes No" 2. Nothing in this Third Amendment shall be construed to adversely affect the rights of any Participant to any benefit provided under the Plan nor to decrease any accrued benefit under the Plan, except to the extent permitted under the Internal Revenue code or necessary to maintain the Plan as one qualified under Section 401(a) of the Internal Revenue Code. L IN WITNESS WHEREOF, the Employer has caused this Third Amendment to be executed on this day of . , 1999. EMPLOYER: ACCEPTED: TOWN OF FOUNTAIN H LS,ARIZONA ICMA RETIREMENT CORPORATION By _ , �. ��gan, By Karon Morgan, ayor 0 Attest: V J Attest: Cassie B. Hansen,Town Clerk L L RESOLUTION NO. 1999 -39 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE L TOWN OF FOUNTAIN HILLS, ARIZONA; AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST FOR THE TOWN MANAGER; WHEREAS, the Town has previously established a money purchase retirement plan in the form of the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust for the Town Manager pursuant to the specific provisions of an Adoption Agreement; and WHEREAS, the Council has previously adopted resolutions requiring the Town to "pick up" the mandatory employee contributions made on behalf of the Town Manager; and WHEREAS, the Council desires to amend the Adoption Agreement providing for increased contributions to be made by both the Town and the Town Manager to the plan. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council for the Town of Fountain Hills, Arizona, that effective August 16, 1999, and until Further Resolutions of the Mayor and the Common Council, the Town's contribution rate shall be 11% of the Town Managers earnings and the mandatory employee contribution rate by the Town Manager shall be 11% of the Town Manager's earnings; and BE IT FURTHER RESOLVED, that the Town will pick up the Town Manager's revised employee contribution rate of contribution; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a Third Amendment to the Adoption Agreement to the Plan establishing the revised contribution rate as set forth above; and PASSED AND ADOPTED the Mayor and Common Council of the Town of Fountain Hills, Arizona,this S' day of , 1999. / / /// 4aro organ,Mayor Attest: iLii/JAI, 4.1tiA,14.....) Cassie B. Hansen,Town Clerk APPRO D AS TO FFJORM: ,Cliter.» C‘-t-% e/ William E. Farrell,Town Attorney REV D Y: 7/76(--- aul L. r ordin, Town Manager THIRD AMENDMENT TO ADOPTION AGREEMENT OF TOWN OF FOUNTAIN HILLS MANAGEMENT ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST WHEREAS, the Town of Fountain Hills, Arizona (the "Employer"), became a participating Employer in the ICMA Retirement Corporation Town of Fountain Hills Management Plan (the "Plan")by execution of an Adoption Agreement effective March 21, 1991; WHEREAS, the Employer is authorized, pursuant to the Plan, to adopt amendments to the Adoption Agreement; and WHEREAS, the Employer has determined that amendments are required to assure the Plan's successful operation and administration. NOW, THEREFORE, pursuant to the authority granted in the Plan, the following amendments are adopted: 1. Paragraph 1 of Section VII is amended in its entirety, effective with respect to Participant Earnings paid on or after August 16, 1999,to read as follows: "VII. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows (choose one): (1116, (X) Fixed Employer Contributions With or Without Mandatory Employee contributions. The Employer shall contribute on behalf of each Participant 11% of Earnings for the Plan Year (subject to the limitations of Article VI of the Plan). Each Participant is required to contribute 11% of Earnings for the Plan Year as a condition of participation. (Write "0" if no contribution is_ required.) If the Participant contributions are required under this option, a Participant shall not have the fight to discontinue or vary the rate of such contributions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory/Required Participant Contribution. X Yes No" 2. Nothing in this Third Amendment shall be construed to adversely affect the rights of any Participant to any benefit provided under the Plan nor to decrease any accrued benefit under the Plan, except to the extent permitted under the Internal Revenue code or necessary to maintain the Plan as one qualified under Section 401(a) of the Lie Internal Revenue Code. IN WITNESS WHEREOF, the Employer has caused this Third Amendment to be Loy executed.on this day of , 1999. EMPLOYER: ACCEPTED: TOWN OF FOUNTAIN HILLS, ARIZONA ICMA RETIREMENT CORPORATION By GL� Sharon Morgan,Mayor Attest: CAttest: Cassie B. Hansen, Town Clerk L. TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Town council FROM: Michelle Carlson, : .s 'nhtra ion 4ssistant Parks and Recreati• 1T itJ THROUGH: Robi . oo ' an, Director Par I. . d ' _ eation Department THROUGH: Paul , Town Manager DATE: July 2 , 1999 RE: Fountain Hills COMPASS and JUST 4 TEENS Newsletters Background The Town has successfully opened and reviewed five bids from vendors to print 5 issues of the COMPASS (formerly, FOCUS) newsletter (8 pages per issue) and 10 issues of the JUST 4 TEENS newsletter (2 pages per issue) for Fiscal Year 1999-2000. The contract period is from September 1, 1999 through May 31, 2000. This contract is renewable on a yearly basis, at the option of both parties, for up to three (3) additional years. Commercial Lithographers is the apparent low bidder with a bid of $17,820.00 without tax ($19,103.04 with tax). This is within our budget for printing the COMPASS and JUST 4 TEENS newsletters. See FY 99-00 budget line item breakdown below: • Parks & Recreation Printing (JUST 4 TEENS): $ 1,000.00 • Parks & Recreation Constituent Communications (COMPASS): $16,500.00 • Administration (McDowell Mnt. Preservation Commission) (COMPASS): $ 6,000.00 Total: $23.500.00 Attached is the bid summary sheet and the production/printing schedules for FY 1999-2000. Recommendation Staff recommends approval of Commercial Lithographers, Inc. bid of $19,103.04 (including tax) for the printing of 5 issues of the Fountain Hills COMPASS and 10 issues of the JUST 4 TEENS newsletter during Fiscal year 1999-2000. FY 99-00 Newsletters Council Packetl.doc rn rn N. N 0 O (O 0 (D O (O O CO 0 N. 0 O O O (C a Eli O I: r N (O 00 � et O(O Q1� a a tz. T T T r N N ER ER EA ER EA 0 O 1- 0 CO 0 U) 0 d: 0 0) 0 0 0 0 0 0 O 7 O tO co co U) 0) 0) CO N 0 Z CC N EAN TEA T W` O EA EA EA Z r 7:- E J 5 a COO a 2 0 W ~ Z o 0 — o W 2 0 0 Z d O cri L(i 4 CO WW N N '- N 0 T CO Q O Re 1` O O N w T T if) W *- rn Q. J co 0 - r N N Ef) Ef) ER Z a) c,1 U 0 N O M 0 .� .0 .0 0 O lr) O Lr) O) Z J CC H ON) co co N OO) m m m IW- m0 W La ,- , r N 'a O O O 05 Z W EA EA EA EA EA I- I- F. CC Z U) ZI ma) it II II W 0_ W ? Fes- t CD CD O Z LO 00000 c co N COO m ?� y CO N co 00) O EA EA EA • y M M 0 *- 0) O II II II Z d MEA (� (o d• (o t x x x 0.z cc; O o 0 0 le)i N T 0) a) -0N. I\ (D a. _ Elc>sX X X O O O 0 0 0 x a) • • • c 0 o c N O (00 0 0 J 0) co O O Y Z O U cn co N. 0) T a�i T T N .. a) '� m U ~ O- Q O 7 X EA fA EA c>s a "0 "0 a) E LE Fri) Y • I- .n m a Y cn as l 3 o Q- 3 • 0 O O o z (� (*3 QY 0- ,- Z F' N o 0 o> rn >- TEEN NEWSLETTER PRINTING/DISTRIBUTION SCHEDULE FY 99-00 ISSUE ONE Period Covered: September 1"- 30`1 Articles/Material Due August 25th To Printer: September 1" Bundle/Hand Distribute: September 8`h Deliver to the Post Office: September 8th Hit Homes: September eh- 13th ISSUE TWO Period Covered: October 1"- 315` Articles/Material Due September 16th To Printer: September 23`d Bundle/Hand Distribute: October 1" Deliver to the Post Office: October 1st Hit Homes: October 1 5 ISSUE THREE Period Covered: November 1"- 30`h Articles/Material Due October 18th To Printer: October 25th Bundle/Hand Distribute: November 1" Deliver to the Post Office: November 1" Hit Homes: November 1"- 5th ISSUE FOUR Period Covered: December 1"- 31" Articles/Material Due November 16th To Printer: November 23rd Bundle/Hand Distribute: December 1" Deliver to the Post Office: December 1" Hit Homes: December 1"- 5th ISSUE FIVE Period Covered: January 1 -31 Articles/Material Due December 20th To Printer: December 27th Bundle/Hand Distribute: December 3`d Deliver to the Post Office: December 3rd Hit Homes: January 3rd - 6d' ISSUE SIX Period Covered: February 1"-28`h thw Articles/Material Due January 17'h To Printer: January 24th Bundle/Hand Distribute: February 1" Deliver to the Post Office: February 1" Hit Homes: February 1"-5`" ISSUE SEVEN Period Covered: March 1"-31" Articles/Material Due February 15t° To Printer: February 22"d Bundle/Hand Distribute: March 1" Deliver to the Post Office: March 1" Hit Homes: March 1"-5th ISSUE EIGHT Period Covered: April 1"- 30th Articles/Material Due March 21" To Printer: March 28th Bundle/Hand Distribute: April 4th Deliver to the Post Office: April 4th Hit Homes: April 4th - 7th ISSUE NINE Period Covered: May 1"-30t° Articles/Material Due April 17th To Printer: April 24th Bundle/Hand Distribute: May 1" Deliver to the Post Office: May 1" Hit Homes: May 1"- 5`h ISSUE TEN Period Covered: June 1"-31" Articles/Material Due May 17th To Printer: May 24th Bundle/Hand Distribute: June 1" Deliver to the Post Office: June 1" Hit Homes: June 1"- 5th L TOWN NEWSLETTER PRINTING/DISTRIBUTION SCHEDULE FY 99-00 ISSUE ONE McDOWELL MNT. MONTH/PUBLIC SAFETY/HALLOWEEN CARNIVAL TURKEY TROT Period Covered: October 1"-November 30th Articles/Materials Due: September 10th To Printer: September 24t° Bundle/Hand Distribute: October 1" Deliver to the Post Office: October 4th Hit Homes: October 4`h-8`h ISSUE TWO YOUTH BASKETBALL/SPRING REC. PROGRAMS/EDUCATION/ FHUSD WINTER BREAK Period Covered: December 1"-January 31" Articles/Materials Due: November 12th To Printer: November 24t° Bundle/Hand Distribute: November 30th Deliver to the Post Office: December 1" Hit Homes: December 2nd-3rd ISSUE THREE FOUNDERS DAY/SPRING CONCERTS/LECTURES SERIES (iv FHUSD SPRING SCHEDULE Period Covered: February 1'`-March 31" Articles/Materials Due: January 7th To Printer: January 21" Bundle/Hand Distribute: January 28th Deliver to the Post Office: January 31" Hit Homes: February 1"-4`h ISSUE FOUR CRIME PREVENTION/SUMMER CAMP/DESERT AWARENESS/ FHUSD SUMMER BREAK & SCHEDULE Period Covered: April 1"-May 31" Articles/Materials Due: March 10th To Printer: March 24th Bundle/Hand Distribute: March 31" Deliver to the Post Office: April 3'd Hit Homes: April 4th-7t ISSUE FIVE TEENS/YOUTH/4Th OF JULY/PARKS & REC MONTH/STREETS Period Covered: June 1"-July 31" Articles/Materials Due: May 12th (liTo Printer: May 26th ,,, Bundle/Hand Distribute: May 31" Deliver to the Post Office: June 1" Hit Homes: June 2nd-5`" Chron 188 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable M" •: and Coun • 1" FROM: Ran arr: THROUGH: Pau 't 4. 1 . DATE: July 15, 19"9 RE: Wash Cleanup Annual Contract Bid Award On July 8, 1999 bids were opened for the Wash Cleanup Annual Contract. The bid package was very similar to last summer's contract—the bid was a daily unit price for a ten person crew with chain saws or other equipment, one truck, and one chipper. The bid package has been revamped into a one-year contract with an option to the Town to renew for up to four additional one-year periods with CPI escalation. The Town, of course, may schedule and order as many—or as few—of the daily work units as are needed. The project was advertised 2 weeks in the Times and the Arizona Business Gazette, posted, and on file at the 3 plan houses. However, only one bid was received. Five Star Landscaping bid $130,000. Five Star Landscaping was the low bidder (among 4 bidders) last year also. Five Star's bid was 1% less than last year's bid. The work is anticipated to occur 2/3's this summer/fall and 1/3 next spring/summer. Budget amount for this work is $160,000 ($200,000 less $40,000 for spraying and miscellaneous expenses). Staff recommends awarding the bid for the Wash Cleanup Annual Contract to Five Star Landscaping in the amount of$130,000. bb cc: Bud Clutter Lenny Traw, Five Star Landscaping L Wash Cleanup Bid Award Chron 204 (111111, . TOWN OF FOUNTAIN HILLS • MEMORANDUM TO: Honorable Ma and Coun • FROM: Randy Harrel t, • THROUGH: Paul Nordin DATE: July 30, 1999 RE: School Zone Warning Beacons Contract, ENG 99-004 Bid Award Bids were opened on Thursday, July 29 for the School Zone Warning Beacons Project. Two bids were received, as shown on the attached bid tabulation sheet. Low bidder was Packaging Authority, Inc. with a bid of $49,800. Project budget was $30,000; the engineer's estimate was $35,000. Packaging Authority, Inc. is utilizing products manufactured by R.D. Jones Right-of- Way Systems, who manufactured the emergency stop flashers at the Palisades Fire Station. The project consists of school zone warning yellow flashers on Fountain Hills Blvd at Fayette and on Palisades at Hampstead. There will be a pole-mounted advance flasher and a crosswalk flasher in both directions at each location. The flashers will be activated by a sophisticated, programmable control clock for school crosswalk times. At other times the flashers can be activated for a relatively short period by a pedestrian push-button. Project submittals are required within 7 days after Notice of Award. Because of the large variance in the two bids and the technical nature of the products, staff recommends that the bid • be awarded-.to-Nckagi•ig Authority,.-Inc. nn ?l,e amount-of $45',8OP, suLject to the Town Engineer's review and approval of the product submittals. bb att: Bid Tabulation Sheet cc: Ogbonna Abarikwu Tom Ward Pat Harvey Tony Marchese L Warning Beacons Bid Award.doc Page 1 of 1 School Zone Warning Beacons • ENG 99-004 Bid Tabulation � I I School Zone Signing and Bidder Quantity Mobilization Warning Beacons Pavement Marking Total Bid Packaging Authority,Inc LS $ 8,800.00 $ 36,300.00 $ 4,700.00 $ 49,800.00 SunLine Markings LS $ 10,000.00 $ 76,000.00 $ 12,000.00 $ 98,000.00 L Lir Bid Tabulation.xls Chron 203 • TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable M r and Coun 1 FROM: Randy Harre THROUGH: Paul Nordin DATE: July 30, 1999 RE: Town Directional Signage Project, ENG 99-003 Bid Award Bids were opened on Thursday afternoon, July 29 for the Town Directional Signage Project. Four bids were received. Apparent low bidder was Royal Sign Company, Inc. with a bid of $46,580.46. Project budget and the engineer's estimate were $70,000. ,,,: Staff currently is tabulating the bid calculations, checking project references, and will be meeting with Royal Sign on Monday to go over the scope of work. A staff recommendation will be forthcoming early next week. bb cc: Tom Ward L Directional Signage Bid Awardl.doc Page 1 of 1 Chron 210 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable M or d Cou .1 FROM: Randy Harrel AA V. THROUGH: Paul Nordin DATE: August 4, 1999 RE: Town Directional Signage Project,ENG 99-003 Bid Award Bids were opened on Thursday afternoon, July 29 for the Town Directional Signage Project. Four bids were received, as shown on the attached bid tabulation sheet. Low bidder was Royal Sign Company, Inc. with a bid of$46,580.46. Project budget and the engineer's estimate were$70,000. Royal Sign and another bidder both separated tax from the rest of the bid items. Staff believes that their intent and the bid amounts are still clear. The Subcontractor's List was not attached to Royal's bid, but was requested by staff and has been received and reviewed. Staff believes that omission of the Subcontractor's List is a waivable informality. The Town Directional Signage Project consists of 33 sign assemblies with a total of 74 directional sign panels located throughout Town. The design, locations, and logos were approved previously by the Council. A prototype sign assembly is located on northbound Saguaro Blvd south of Palisades Blvd. Color contrast, lettering size, and letter retroreflectivity have been upgraded since the prototype was constructed for better visibility. A map of the signage locations, and the signage legends list, are attached for your information. Contract duration is 75 calendar days after Notice to Proceed; project completion can be expected by early November. The Town will be performing any grading needed to set or see the signs. Staff recommends award of the Town Directional Signage Project to Royal Sign Co., Inc., in the amount of$46,580.46. bb att. Bid Tabulation Sign Locations Map Sign Legends List cc: Tom Ward L Directional Signage Award.doc Page 1 of 2 o o - O 0 N = 0 L GO t +, vs' U N O ,..' L O QI N tlo a. 2 O as E o 0 W c a) G) •ti 1 W ad▪ O O 0 UM O M --+ N 00 ▪ r- v-.) N E N EA TrW�, z CA •1 O O 000 � -4N rnC . 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(tl)BStC1A �tOM85T psh of W�""� L JL O4 /` 1 4- i 106 `a `=n• o 51Y 7•�7�,N. 1P �RO ,LYD LNAR3 �1 I HEW 'L & DR LAST TRAIL & • 1� fliKER. .G '•gpM V I LOOKOUT LEDGE 0 0.5 1.0 O (NOTE: Sign #22 was deleted) 0, SCALE OF MILES , NORTH TOWN OF FOUNTAIN HILLS PROPOSED DIRECTIONAL SIGNAGE LEGENDS []Brackets indicate future signage panel Sign# Notes SHEA AT EAGLE MOUNTAIN PARKWAY(Eastbound) EAGLE MTN GOLF 1 SOUTHWEST INN SHEA AT EAGLE MOUNTAIN PARKWAY(Westbound) 4— E A G L E MTN GOLF 2 4— S O U T H W E S T INN SHEA AT PALISADES(Eastbound) 4-- T O W N HALL ! COURT 3 _ 4— S U N R IDGE CNYN GOLF 4— H I G H SCHOOL 4— G O L D E N EAGLE PARK SHEA AT PALISADES(Westbound) * EAGLE MTN GOLF 4 SUNR IDGE CYN GOLF HIGH SCHOOL GOLDEN EAGLE P ARK SHEA AT FOUNTAIN HILLS BLVD(Eastbound) 4— : M c DOWELL M T_ N P ARK 5 4— S H O P P ING CENTER S SHEA AT FOUNTAIN HILLS BLVD(Westbound) * EAGLE MTN GOLF 6 * SUNR I DOE C N Y N GOLF Mc DOWEL . L MTN P ARK —00 SHOPPING CENTERS SHEA AT TECHNOLOGY(Eastbound) I [ I B I U I S I IINIEI S I S I IPIAIRIKI ] I I I 7 Future Sign Assy/Panel SHEA AT TECHNOLOGY(Westbound) 4—I [ B UIS I INIBISISI IPIAIRIKI ] I I I 8 Future Sign Assy/Panel SHEA AT SAGUARO BOULEVARD(Eastbound) U N T A . I N _ _ _ _ _ 9 T O W N CENTER 4-- D E S E R T CANYON GOLF BUS INES S P A R K —► SHEA AT SAGUARO BOULEVARD(Westbound) 4— B U S I N E S S PARK 10 F O U N T _ A IN TOWN CENTER DESERT CNYN GOL F Directional Signage 1 TOWN OF FOUNTAIN HILLS PROPOSED DIRECTIONAL SIGNAGE LEGENDS []Brackets indicate future signage panel Sign# Notes SAGUARO BLVD AT MONTEREY(Northbound) * DESERT CA N Y O N G O L F 11 * FOUNTAIN 2 MI * T O W N CENTER 2 MI SAGUARO BLVD AT INDIAN WELLS(Northbound) IDIEISIEIRITI_ ICIAINIYIOINI 1GlOI_ LIF 12 SAGUARO BLVD AT INDIAN WELLS(Southbound) IDIEISIEIRITI iCINI_YINI IGIOILIFI I 13 SAGUARO BLVD AT DESERT VISTA Northbound) IDIEISIEIRITI IVIlISITIAI IPIAIRIKI 14 SAGUARO BLVD AT KIWANIS(Northbound) _ _ K _ I W A N I S COMM BLDG 15 SENIOR CENTER SAGUARO BLVD AT AVENUE OF THE FOUNTAINS(Northbound) 4— [ C O M M U N I T Y CENTER ] 16 1 Future Panel S H O P S / RESTAURANTS T OFF ICE SAGUARO BLVD AT PALISADES(Northbound) Iiie * M c D O W E L L MTN P ARK 17 Exist.sign assy/new panel 1-- T O W N H A L L / COURT 41— C H A M B E R OF COMM 1— H I G H S CHOOL SAGUARO BLVD AT PALISADES(Southbound) TOWN HALL / COUR T ♦ 18 H I G H SCHOOL , - ♦ G O L D E N EAGLE P ARK SAGUARO AT GRANDE(Northbound) * M c D O W E L L MTN PARK 19 FOUR P E A K S PARK SAGUARO AT GRANDE(Southbound) +— FIOIUIRI IPIEIAIKIS IPIAIRIKI I I 20 SAGUARO BLVD AT FOUNTAIN HILLS BLVD(Northbound) IM c DIOIWIEILILI IMITINI IPIAIRIKI 21 DELETED 22 L Directional Signage 2 TOWN OF FOUNTAIN HILLS PROPOSED DIRECTIONAL SIGNAGE LEGENDS []Brackets indicate future signage panel Sign# Notes PALISADES BLVD AT PALOMINO(Northbound) * S U N R IDGE GOLF 1/2 M I 23 * HIGH S C H O O L 2 M I * GOLDEN EAGLE 2 M I * TOWN HALL 3 M I PALISADES BLVD AT SUNRIDGE DRIVE(Northbound) 4—ISIUINIRI IIDIGIEI CIN YI_ NI IGIOILIF 24 PALISADES BLVD AT SUNRIDGE DRIVE(Southbound) ISIUINIRIIIDIGIEI ICIYINI IGIOILIFI 25 PALISADES BLVD AT GOLDEN EAGLE BLVD(Eastbound) * T O W N HALL / C O U R T 26 * FOUNTAIN 1— GOLDEN EAGLE PARK PALISADES BLVD AT GOLDEN EAGLE BLVD(Westbound) IGIOILIDIEINI IEIAIGILIEI IPIAIRIKI 27 PALISADES BLVD AT HAMPSTEAD(Eastbound) 4--IMIcIDIOIWIEILILI IMITINI ISICIHI I 28 LIPALISADES BLVD AT HAMPSTEAD(Westbound) I IMIcIDIOIWIEILILI IMITINI ISICIHI 129 PALISADES BLVD AT FOUNTAIN HILLS BLVD(Eastbound) * TOWN H A L L / C O U R T 30 * F O U N T A IN 4— Mc D O W E L L M T N PARK PALISADES BLVD AT FOUNTAIN HILLS BLVD(Westbound) * HIGH S C H O O L 31 * GOLDEN E A G L E _ PARK _piM c D O W E L L MTN PARK PALISADES BLVD AT AVENUE OF THE FOUNTAINS(Eastbound) [ C O M M U N _ I T Y CENTER ] 32 1 Future Panel POST OFFICE PALISADES BLVD AT LA MONTANA(Westbound) 4-- P O S T OFF ICE _ 33 4— [ C O M M U N I T Y C E N T E R ] . 1 Future Panel PALISADES BLVD AT SAGUARO(Eastbound) F OIU N TIAIIINI I I I I I I I I I 34 L Directional Signage 3 TOWN OF FOUNTAIN HILLS PROPOSED DIRECTIONAL SIGNAGE LEGENDS []Brackets indicate future signage panel Sign# Notes FOUNTAIN HILLS BLVD AT PALISADES(Northbound) M c D O W E L L MTN P A R K 35 4 H I G H SCHOOL TOWN HALL / COURT FOUNTA IN —� GRANDE BLVD AT DEL CAMBRE(Eastbound) *—IFIOIUIRI IPIEIAIKISI IPIAIRIKI I I 36 SAGUARO BLVD AT DESERT VISTA(Southbound) +—IDIEISIEIRITI IVIIISITIAI IPIAIRIKI 37 L L Directional Signage 4 Chron 200 TOWN OF FOUNTAIN HILLS Ikkor MEMORANDUM TO: Honorable or and . ncil FROM: Randy Harr \-- THROUGH: Paul Nordin DATE: July 27, 1999 RE: Golden Eagle Park Dam Modification Project Intergovernmental Agreement IGA FCD 99014 This item on the Council's agenda is an Intergovernmental Agreement (IGA) with the Flood Control District of Maricopa County and the Fountain Hills Unified School District #98. The IGA is for the Golden Eagle Park Dam (GEPD) Modification Project. The School District and the Town each own part of the dam land, and the Town is the licensed operator of the dam. As has been previously presented to the Council, Golden Eagle Park Dam cannot safely pass the Inflow Design Storm (the lh PMF) and has been determined by the Arizona Department of Water Resources to be an unsafe dam. Additionally, flooding and major damage to park facilities and the high school football field are expected to occur far more frequently than desirable. The GEPD Modification Project will eliminate the dam overtopping and failure in the IDF, and will substantially reduce the frequency, depth, and the severity of flooding at the park and high ch'ol. The IGA lays out the duties and responsibilities for each of the three entities. Basically the Flood Control District is managing the project, with review and assistance from the Town and the School District. The Flood Control District is paying 65% of the stated $1.8M cost, with the Town paying the remaining 35%. Our current construction cost estimate is substantially lower than that indicated in the IGA, and so our cost would be proportionately lower. The listed costs are as follows: GEPD IGA.doc Page 1 of 2 Chron 200 Project Costs(I) Item Schedule Town FCD Total Invoice Date(s)(2) Feasibility Study Completed $102,000 in 1997 Geotechnical Completed $9,492 $17,627 $27,119 IGA date Investigations Pre-design Underway $93,140 $172,975 $266,115 IGA date for%complete Completion Design(est) $70,000 $130,000 $200,000 50%Complete 100%Complete ADWR Application Fee $17,000 $17,000 N/A (est) Construction(est) $420,000 $780,000 $1,200,000 50%complete 50%no earlier than 7-1-2000 Completion 25% Construction Management $33,600 $62,400 $96,000 Construction completion (8%,est) Total Estimated Costs $643,232 $1,265,002 $1,806,234 (1) All costs except for the Feasibility Study and ADWR application fee will be split 65% FCD/ 35% Town. (2) Date of FCD invoice to the Town. Our FY '99-00 budget includes $180,000 in "Engineering Fees" for this project. Estimated costs through final design and the ADWR application fee as shown above are $189,632. Lor Construction funds are currently expected to be expended in the FY `00-01 budget. If it is possible to hold to a schedule beginning construction prior to next July, staff would need to request part of the construction expenditure this year. The most recent estimated construction cost is actually only $778,000, substantially less than the $1,200,000 indicated above. The Town Attorney has reviewed this IGA. Staff recommends approval of the Golden Eagle Park Dam Modification Project IGA, bb cc: Bill Farrell Julie Ghetti Jim Leubner Robin Goodman Tom Renckly/FCD Rich Dobson/FHUSD L GEPD IGA.doc Page 2 of 2 • NI! • OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 99-0869581 09/17/99 08: 07 YEZEMIA 3 OF S CLERK OF THE BOARD ty BASKET PICK UP Intergovernmental Agreement for the Pre-design,Design,Rights-of-Way Acquisition, Utility Relocation,Construction, Construction Management,and Operation and Maintenance of the Golden Eagle Park Dam Modification Project Among The Flood Control District of Maricopa County and • The Town of Fountain Hills and The Fountain Hills Unified School District#98 IGA FCD 99014 Cb9- oo • 0/0 • 2-, This Intergovernmental Agreement(IGA) is entered into by and among the Flood Control District of Maricopa County, a municipal corporation and political subdivision of the State of Arizona, acting by and through its Board of Directors hereinafter called the DISTRICT and the Town of Fountain Hills, a municipal corporation and political subdivision of the State of Arizona, hereinafter called TOWN; and the Fountain Hills Unified School District# 98, hereinafter called SCHOOL DISTRICT. This Agreement shall become effective as of the last date it has been executed by all parties. DATE FILED WITH MARICOPA COUNTY RECORDER STATUTORY AUTHORIZATION 1. The DISTRICT is empowered by A.R.S. Section 48-3603, as revised, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT. 2. The TOWN is empowered by A.R.S. Section 1 1-952 to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the TOWN. 3. The SCHOOL DISTRICT is empowered by A.R.S. Section 15-341 A.4 and Section 15-342 to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the SCHOOL DISTRICT. IGA FCD 99014 PCN 670-03-30 Page I of 9 t 1 I.: 41119 . When Recorded Return to: Flood Control District of Maricopa County 2801 West Durango Phoenix,AZ. 85009 Intergovernmental Agreement for the Pre-design,Design,Rights-of-Way Acquisition,Utility Relocation,Construction, Construction Management,and Operation and Maintenance of the Golden Eagle Park Dam Modification Project Among The Flood Control District of Maricopa County and The Town of Fountain Hills • and The Fountain Hills Unified School District#98 IGA FCD 99014 C (09 . 00 • 010. a- This Intergovernmental Agreement(IGA) is entered into by and among the Flood Control District of Maricopa County, a municipal corporation and political subdivision of the State of Arizona,acting by and through its Board of Directors hereinafter called the DISTRICT and the Town of Fountain Hills, a municipal corporation and political subdivision of the State of Arizona,hereinafter called TOWN; and the Fountain Hills Unified School District#98, hereinafter called SCHOOL DISTRICT. This Agreement shall become effective as of the last date it has been executed by all parties. DATE FILED WITH MARICOPA COUNTY RECORDER STATUTORY AUTHORIZATION 1. The DISTRICT is empowered by A.R.S. Section 48-3603, as revised,to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT. 2. The TOWN is empowered by A.R.S. Section11-952 to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the TOWN. 3. The SCHOOL DISTRICT is empowered by A.R.S. Section 15-341A.4 and Section 15-342 to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the SCHOOL DISTRICT. L IGA FCD 99014 PCN 670-03-30 Page 1 of 9 L BACKGROUND 4. The PROJECT involves modifications to the existing Golden Eagle Park Dam located in the Town of Fountain Hills. Ownership of the dam is divided between the TOWN(owns upstream portion of dam) and the SCHOOL DISTRICT(owns downstream portion of dam). The PROJECT will modify and rehabilitate the Golden Eagle Park Dam,as necessary, in order to bring the Dam into compliance with current Arizona Department of Water Resources(ADWR)dam safety requirements and to significantly increase the level of flood protection provided to the Fountain Hills High School facilities. The TOWN currently operates and maintains the Golden Eagle Park Dam. 5. Alternative solutions to meet PROJECT objectives were first evaluated in the Golden Eagle Park Dam, Feasibility Study, Fountain Hills Area Drainage Master Plan FCD 94-16,dated July 1997. The Feasibility Study was fully funded by the DISTRICT under Contract FCD 94-16 at a cost$102,000. 6. The DISTRICT's Consultant has completed a dam safety inspection and geotechnical investigations for the Golden Eagle Park Dam. Reports have been prepared for both the inspection and geotechnical investigations. 7. Resolution FCD 97-09 authorized the DISTRICT to negotiate IGA's for the PROJECT,to contract for pre-design and to conduct public involvement activities. 8. Resolution FCD 99-05 authorized the DISTRICT to contract for final design of the PROJECT. 9. The DISTRICT has awarded pre-design Contract FCD 97-44 for the PROJECT. The Consultant for this contract is in the process of further evaluating dam modification alternatives and will prepare 30% level design plans and specifications as a final deliverable for this contract. PURPOSE OF THE AGREEMENT 10. The purpose of this Intergovernmental Agreement is to identify and define the responsibilities of the DISTRICT,the TOWN and the SCHOOL DISTRICT for the pre-design, final design, rights-of-way acquisition, utility relocations, construction, construction management and operation and maintenance for the PROJECT. TERMS OF AGREEMENT 11. The DISTRICT shall: 11.1 Perform activities for the pre-design and design contracts: administer the contracts, review all contract submittals, provide comments on submittals, coordinate with all reviewing agencies providing comments on submittals,attend project meetings and public involvement activities and site visits as appropriate and perform overall project management activities. 11.2 Procure the design contract for the PROJECT. The design contract will include preparation of the final design and construction documents for the PROJECT. 11.3 Provide the TOWN and the SCHOOL DISTRICT in a timely manner,plans and special IGA FCD 99014 PCN 670-03-30 Page 2 of 9 provisions for review and comment at appropriate levels of completion,and will work to resolve and/or incorporate such comments into the final design and construction documents. 11.4 Perform construction management through use of its personnel or through a DISTRICT procured private consultant contract(s). 11.5 Act as the contracting agency for the PROJECT and perform all services necessary to administer construction, including but not limited to the following: Issue invitations for bids; receive, protect and open bids; determine lowest responsible and responsive bidder; award the contract; and issue the notice to proceed. 11.6 The DISTRICT will coordinate with the TOWN and SCHOOL DISTRCT on construction issues on an as needed, case by case basis. 11.7 Obtain all permits for construction except for those as indicated herein to be obtained by the TOWN. 11.8 Provide all information for the ADWR Dam modification application. The DISTRICT will fill out the application and provide it to the TOWN for signature and timely submittal by the TOWN to ADWR. 11.9 Attend all public meetings for the PROJECT and participate as needed. 11.10 Not be responsible for the operation and maintenance of the PROJECT,nor any liability of the PROJECT nor all other related property, or incur liability from any damages that may occur from the PROJECT not functioning because of lack of maintenance. 12. The TOWN shall: 12.1 Perform the following activities for the pre-design and design contracts: review all contract submittals, provide written comments on submittals, attend project meetings and site visits as appropriate. 12.2 Provide to-the DISTRICT current information pertaining to Golden Eagle Park schedules and events. 12.3 Assist the DISTRICT in identifying construction access routes, construction staging areas, acceptable construction schedules and other information and planning as may be needed for the safe and timely construction of the PROJECT. 12.4 Review and provide written comments on construction submittals, provide input on construction issues and attend project meetings and site visits as needed. A list of submittals to be reviewed by the TOWN will be provided by the DISTRICT and mutually agreed to in advance of construction. 12.5 Attend all public meetings for the PROJECT, participate as needed, provide for meeting locations and make necessary notifications and advertisements for public meetings as may be needed for the PROJECT. 12.6 Provide all Rights-of Way and all Temporary Construction Easements required for the PROJECT, at no cost to the PROJECT. 12.7 Be responsible for budgeting and fully funding the ADWR application fee. ADWR's fee schedule is based on the total project cost. The current estimate for the fee application is $17,000. 12.8 Be fully responsible for providing all PROJECT rights-of-way and temporary construction easements; and costs associated with their acquisition is not included in the PROJECT's cost. The TOWN shall grant easements to the DISTRICT, for use of TOWN owned rights-of-way and utility easements required to construct the PROJECT, at no cost to the PROJECT. The need for rights-of-way and/or temporary construction easements for the PROJECT will be identified in the pre-design contract. 12.9 Retain all operation and maintenance responsibilities for the Golden Eagle Park Dam throughout construction and after construction is complete. IGA FCD 99014 PCN 670-03-30 Page 3 of 9 L 12.10 Participate with the DISTRICT on the final inspection and acceptance of the PROJECT including the portions of the PROJECT located on SCHOOL DISTRICT property on behalf of the SCHOOL DISTRICT. 12.11 Waive all TOWN permit fees and other fees,which would otherwise be assessed against the DISTRICT and/or its contractor(s)necessary for the planning,design,or construction of the PROJECT. 12.12 Reimburse the DISTRICT for it's cost share participation within 30 days of receipt of an invoice. 12.13 Invite the DISTRICT to participate in regularly scheduled inspections of the PROJECT by ADWR and supplemental ADWR inspections. This provision shall survive the termination of this agreement. 12.14 Take reasonable and necessary actions within its authority to assure that any water discharged into the PROJECT comply at the point of discharge with any applicable requirements of the Clean Water Act,National Pollutant Discharge Elimination System (NPDES), or any other applicable discharge requirements, including any permit requirements. 13. The SCHOOL DISTRICT shall: 13.1 Perform the following activities for the pre-design and design contracts: review all contract submittals, provide written comments on submittals,attend project meetings and site visits as appropriate. 13.2 Provide to the DISTRICT current information pertaining to Fountain Hills High School schedules and events. 13.3 Assist the DISTRICT in identifying construction access routes,construction staging areas, acceptable construction schedules and other information and planning as may be needed for the safe and timely construction of the PROJECT. 13.4 Review and provide written comments on construction submittals,provide input on construction issues and attend project meetings and site visits as needed. A list of submittals to be reviewed by the SCHOOL DISTRICT will be provided by the DISTRICT and mutually agreed to in advance of construction. 13.5 Attend public meetings as it deems appropriate. 13.6 Grant easements to the DISTRICT, for use of SCHOOL DISTRICT owned rights-of-way and utility easements mutually identified by the DISTRICT and SCHOOL DISTRICT to be required to construct the PROJECT, at no cost to the PROJECT. 13.7 Defer final inspection and acceptance of the PROJECT to the TOWN such that the TOWN will act on the SCHOOL DISTRICT's behalf in participating with the DISTRICT on the final inspection and acceptance of the PROJECT. 13.8 Waive all SCHOOL DISTRICT permit fees and other fees,which would otherwise be assessed against the DISTRICT and/or its contractor(s)necessary for the planning, design,or construction of the PROJECT. 14. Cost Share Responsibilities: The PROJECT PARTNERS understand that the estimated cost of the PROJECT, including, geotechnical investigations, pre-design, design, construction and construction management is estimated at$1.8 million. These project costs will be shared among the PROJECT PARTNERS as indicated below. L IGA FCD 99014 PCN 670-03-30 Page 4 of 9 DISTRICT: 65% lbw TOWN: 35% SCHOOL DISTRICT: 0% 14.1 Geotechnical Investigations: The DISTRICT's Consultant has completed a dam safety inspection and geotechnical investigations for the Golden Eagle Park Dam. Draft reports have been prepared for both the inspection and geotechnical investigations. The cost of the inspection and investigations including final reports is $27,119. The DISTRICT will invoice the TOWN for its cost share of the Geotechnical Investigations upon the effective date of this agreement. ($17,627 DISTRICT, $9,492 TOWN). 14.2 Pre-Design: The DISTRICT has awarded pre-design contract FCD 97-44 for the PROJECT. The Consultant for this contract is in the process of further evaluating dam modification alternatives and will prepare 30% level design plans and specifications as a final deliverable for this contract. The cost of the pre-design contract including$30,000 in optional items is $266,115 ($172,975 DISTRICT, $93,140 TOWN). Optional items as identified in the contract will be determined to be implemented by the DISTRICT on a case by case basis. The DISTRICT will invoice the TOWN for its cost share of the pre-design in two parts. The first invoice will be made upon the effective date of this agreement and will be for the TOWN's cost share responsibilities for costs incurred under the pre-design contract from award of the contract through June 1999. The second invoice will be made at the completion of the pre-design contract. cor 14.3 Design: The estimate for the design contract is $200,000($130,000 DISTRICT, $70,000 the TOWN). The DISTRICT will invoice the TOWN for its cost share of the design in two parts,when the design contract is 50%complete and at the completion of the contract. 14.4 Construction: The construction cost is estimated at$1,200,000($780,000 DISTRICT, $420,000 TOWN) based on preliminary cost estimates from the pre-design study. The DISTRICT will invoice the TOWN for its cost share in three parts as follows: • 25%of TOWN's share at award of the construction contract • 50% of TOWN's share when the construction is 50%complete, but no earlier than July 1, 2000 • 25%of TOWN's share at the completion of the construction contract. 14.5 Construction Management: The construction management cost is 8%of the construction costs and is estimated at $96,000($62,400 DISTRICT, $33,600 TOWN). The DISTRICT will invoice the TOWN for its share of the construction management costs at completion of the construction contract. 15. Any increases or decreases to the cost of the total PROJECT cost estimate will be shared by the PROJECT PARTNERS according to the above-referenced cost share percentages. L. IGA FCD 99014 PCN 670-03-30 Page 5 of 9 16. Each party to this agreement may with mutual written agreement of all parties delegate responsibilities to another party. Any delegation, however, shall not relieve the delegating party of its original responsibilities as defined herein. 17. In the case of any dispute over any items in this Agreement,the parties agree to use their best efforts and enter into good faith negotiations to resolve the disputed matters. However,this shall not limit the rights of the parties to seek any remedies provided by law. 18. Each party to this agreement(indemnitor) shall,to the extent permissible by law, indemnify, defend and save harmless the others(indemnitees) including, agents,officers,directors, governors and employees thereof, from and against any loss or expense incurred as a result of any claim or suit of any nature whatsoever,which arises out of indemnitor's negligent or wrongful acts or omissions pursuant to this agreement. Such indemnification obligation shall encompass any personal injury, death or property damages resulting from the indemnitor's negligent or wrongful acts or omissions related to the PROJECT, as well as reasonable attorney's fees, court costs, and other expenses relating to the defense against claims or litigation, incurred by the indemnitee. Indemnitee shall be liable for their own negligence or wrongful acts as provided by law. 19. All notices or demands upon any party to this agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: Manager, Planning and Project Management Division Flood Control District of Maricopa County 2801 West Durango Street Phoenix,AZ 85009-6399 Town Engineer Town of Fountain Hills 16836 E. Palisades P.O. Box 17958 Fountain Hills, AZ 85269 Assistant Superintendent for Support Services Fountain Hills Unified School District# 98 14605 N. Del Combre Fountain Hills,AZ 85268 20. Each party to this Agreement will pay for and not seek reimbursement for its own personnel and administrative costs associated with this PROJECT, including but not limited to the following unless specifically identified otherwise in this Agreement: pre-design, design, land acquisition, inspection, public involvement,permitting,management and administration,and operation and maintenance. 21. This Agreement shall expire ten(10)years from the date of recording with the County Recorder or completion of the PROJECT,whichever is the first to occur. However, by mutual written agreement of all parties,this Agreement may be amended or terminated. The indemnification provisions of this Agreement shall survive the expiration of this Agreement. 22. This Agreement is subject to cancellation by any party pursuant to the provisions of A.R.S. Section 38-511. IGA FCD 99014 PCN 670-03-30 Page 6 of 9 23. Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys for the parties to this Agreement,that these agencies are authorized under the laws of the State of Arizona to enter into this Agreement and that it is in proper form. 24. If legislation is enacted after the effective date of this Agreement which changes the relationship or structure of one or more parties to this Agreement,the parties agree that this Agreement shall be renegotiated at the written request of either party. The preceding sentence does not bind any parry's governing board in any way to accept or approve any amendment or changes to this Agreement. FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Municipal Corporation Recommended by: • //10/. n Michael S. Ellegood, P.E. ate: Chief Engineer and General Manager r Approved and Acce•ted: • By: ��---+ - Chairman,Board of Directors Date: Attest: By: / "-/- ` f the Board Date: The foregoing Intergovernmental Agreement IGA FCD 99014 has been reviewed pursuant to Arizona Revised Statutes 11-952, as amended, by the undersigned General Counsel, who has determined that it is in proper form and within the powers and authority granted to the Flood Control District of Maricopa County under the laws of the State of Arizona a 4 (Gc(,)/A Counsel ate: IGA FCD 99014 PCN 670-03-30 Page 7 of 9 TOWN OF FOUNTAIN HILLS L Recommended by: Randy L. Harrel, Town Engineer Date: Approved and Accepted: /. 9� Sharon Morgan,Mayor Date: Attest: 4.610 By: g,to-9 9 Cassie Hansen,Town Clerk Date: The foregoing Intergovernmental Agreement IGA FCD 99014 has been reviewed pursuant to Arizona Revised Statues 11-952, as amended,by the undersigned attorney who has determined that it is in proper form and within the power and authority granted to the Town of Fountain Hills under the laws of the State of Arizona. 17K--;14)-A: c -C44`1,1 S/-/o'17 William Farrell, Town Attorney Date: IGA FCD 99014 PCN 670-03-30 Page 8 of 9 FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT#98 L Approved and Accepted: By: /r/L .t . r_ l Maria Menconi,Ed. ., Superintendent ate: • //,,c)L OFFICIAL SEAL (/ JEANE7TE R. SIMMONS (� CI`-•G�J1y NOTARYPUBLIC-ARIZONA (J Attest: 1) Q;= MARICOPACOUNTY (�-ti�-�-t1-My Comm.Expires � By: Clerk Date: The foregoing Intergovernmental Agreement IGA FCD 99014 has been reviewed pursuant to Arizona Revised Statues 11-952, as amended,by the undersigned attorney who has determined that it is in proper form and within the power and authority granted to the Fountain Hills Unified School District#98 under the laws of the State o Arizona. 7//S/f Attorney Date: IGA FCD 99014 PCN 670-03-30 Page 9 of 9 Chron 187 Cittre MEMORANDUM TO: Honorable Mayor and Town Council j FROM: Art Candelaria, Engineer/Plan view REVIEWED: Randy L. Harrel, Town Engine r THROUGH: Paul L. Nordin, Town Manager DATE: July 26, 1999 RE: Easement Abandonment 99-14; Resolution 1999-35 15228 North Bahia Blvd. Plat 431, Block 6, Lot 21 This item on the Town Council's agenda is a proposal to abandon the ten (10)foot and twenty(20)foot public utility and drainage easements located at the westerly and southerly property lines respectively of Lot 21, Block 6, Plat 431, (15228 N. Bahia Blvd.)as shown in Exhibit"A". The property owner of Lot 21 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The easterly 20' of the southerly 20' public utility and drainage easements will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 21 is required to pass the developed flows generated by the upstream lots across their property. The property owner shall comply with state standard SSA 5-96 to adequately place the residence from the adjacent Escalante wash bank. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 1999-35. cc: John & Robin Conger Eugene &Jackie Jedlicki Louis Musa _.. G:\Easement Memo\EA99-14,Kevin Close,15228 N.Bahia Blvd..doc When recorded, return to: —ngineering Department wn of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-35 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY AND WESTERLY LOT LINES OF LOT 21, BLOCK 6, OF PLAT 431, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 151 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS. The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and 1EREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That portions of the certain ten (10)foot and twenty(20)foot public utility and drainage easements, located along the southerly and westerly property lot lines of Lot 21, as shown in Exhibit A; of Plat 431,-Block 6, Lot 21, Fountain Hills, Arizona; as recorded in book 151 of maps, page 43 records'of Maricopa County, Arizona; are hereby declare-to be abandoned by the Town of Fountain Hilts. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 21 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. PASSED AND ADOPTED this 5th day of August 1999. Resolution 1999-35 Page 1 of 2 ATTEST: FOR THE TOWN OF F UNTAIN HILLS (lbw 641iy , j4/vtild„.. Cassie B. Hansen, Town Clerk Sharon Morgan, Mayo REVIE ED BY: APPROVED AS TO FORM: g/))/eAge;, P Paul L. rdin, Town Manager William E. Farrell, Town Attorney L Resolution 1999-35 Page 2 of 2 Chron 195 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Engineer/Plan e "II REVIEWED: Randy L. Harrel, Town Enginee'r, O' THROUGH: Paul L. Nordin, Town Manager DATE: July 23, 1999 RE: Easement Abandonment 99-15; Resolution 1999-36 Westridge Village, Lot 52 This item on the Town Council's agenda is a proposal to abandon the ten (10)foot drainage easement located at the northwesterly property line of Westridge Village, Lot 52, (15211 E. Redrock Drive). The property owners of Lot 52 desires the assurance that any future improvements made to the lot will not be infringed upon. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment. Staff recommends adoption of Resolution 1999-36. cc: John J. Dunleavy Christopher Hall Timothy McWeeney Sivage Thomas Homes (Rubin) L G:\Easement Memo\EAA99-15,Westridge Village,Lot 52 Sivage Thomas.doc When recorded, return to: çngineering Department Abrown of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-36 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHWESTERLY LOT LINE OF LOT 52, WESTRIDGE VILLAGE, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 437 OF MAPS, PAGE 30, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot drainage easement, located along the northwesterly property lot line of Lot 52, Westridge Village Lot 52, Fountain Hills, Arizona; as recorded in book 437 of maps, page 30 records of Maricopa County, Arizona; is hereby declared to be abandoned bkthe Town of Fountain Hills. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 1999-36 Page 1 of 2 L PASSED AND ADOPTED this 5th day of August 1999. ATTEST: FO 7 TOWN OF FOUNTAIN HILLS 6144;4_ 1 ' // 44(1 Ct6 ;.2--itAA//...._/ , i Cassie B. Hansen, Town Clerk Sharon Morgan, Mayor REVIEWED BY: APPROVED AS TO FORM: (r.:L-1— _____ager �.P . o in, own MaWilliam E. Farrell, Town Attorney cor Resolution 1999-36 Page 2 of 2 TOWN OF FOUNTAIN HILLS MEMORANDUM 1 TO: Honorable M or and Cou cil FROM: Randy Harr V THROUGH: Paul Nordin DATE: July 27, 1999 RE: Speed Limits Section 12-2-2 A. of the Town Code regulates traffic control signs and devices, including establishment of speed limits. It states: The authority of the town manager or his designee to place and maintain signs under this chapter shall not include authority to post signs setting speed limits on any part of a street or highway within the town different from the speed limits specified in A.R.S. Title 28, Article 6, Chapter 6 unless the council has first adopted an ordinance in conformance with the provisions of A.R.S. § 28-703 authorizing a change of speed limit on such part of a street or highway within the town. (The A.R.S. designated speed limit is 25 mph in any business or residential district, and 65 mph in other locations.) Speed limits are being set for the newly paved section of El Lago (30 mph), Eagle Mountain Parkway (25 mph), and the newly annexed section of Shea Blvd (55 mph). The ordinance verbiage has been corrected to agree with the speed limit as designed and as posted for Summer Hill Blvd south of Miramonte Way (25 mph) and Miramonte Way (25 mph). The remaining revisions are editorial and clerical corrections. An updated speed limit map showing the proposed speed limits and locations is attached for added information, but is not intended as a part of the actual ordinance. Speed limits proposed on the new road sections may be reviewed in the 1st year after they become open to the public. Such evaluation using the radar speed survey method of determining speed limits should reaffirm or show the need for modification of those proposed by this ordinance. Staff recommends approval of Ordinance 99-21. bb cc: Steve Pritulsky w/att. Ken Martinez w/att. L Ordinance 99-21.doc SPEED LIMIT MODIFICATIONS Street Segment Speed Limit (MPH) All Other Roads 25 Avenue of the Fountains Palisades Blvd to La Montana Drive 30 Boulder Drive Golden Eagle Blvd to Blackbird Drive 30 Del Cambre Avenue Grande Blvd to Calaveras Avenue 30 Desert Canyon Drive Sunridge Drive to Golden Eagle 35 Eagle Mountain Parkway Shea Blvd to 35 Eagle Ridge Drive West of Palisades Blvd 35 El Lago Blvd 48 El Lago Blvd Palisades Blvd to Blvd 30 El Pueblo Blvd + p �. � � " 35 Fountain Hills Blvd Shea Blvd to 300' north of Kingstree Blvd 35 Fountain Hills Blvd 300' north of Kingstree Blvd to Palisades Blvd 45 Fountain Hills Blvd Palisades Blvd to north town limit 35 Glenbrook Blvd Bainbridge Avenue to Fountain Hills Blvd 35 Golden Eagle Blvd Palisades Blvd to ' 35 Sierra Madre Drive to, est end o f pavement( nn+ , est of Edgewater Drive) Grande Blvd Saguaro Blvd to east town limit 30 Indian Wells Drive Nicklaus Drive to 700' west of Saguaro Blvd 20 Kingstree Blvd Fountain Hills Blvd to Saguaro Blvd 35 La Montana Drive El Lago Blvd to Parkview Avenue 30 Miramonte Pkwy Sunset Ridge♦o Summer Hill Blvd 38 Palisades Blvd Golden Eagle Blvd to Saguaro Blvd 35 Palisades Blvd Shea Blvd to Golden Eagle Blvd 45 Palomino Blvd Palisades Blvd to Fountain Hills Blvd 30 Saguaro Blvd Shea Blvd to Fountain Hills Blvd 35 Shea Blvd West town limit to 700' west of Saguaro Blvd 55 Shea Blvd 700' west of Saguaro Blvd to east town limit 45 Summer Hill Blvd Eagle Mountain Pkwy To End 30 Sunridge Drive Palisades Blvd to Golden Eagle Blvd 35 Palisades Blvd to Golden Eagle Blvd Palisades Blvd♦o Golden Eagle Blvd Ordinance 99-21.doc id.IN jiti, SPEED LIMIT MAP LEGEND REVISED: 7-27-99 55 MPH 0 0 0 ,,434;(111 Nlili V��L►�► 45 MPH • • • INE — — — — — — 35 MPH — — — — — ;, .` ,i ^7 30 MPH A VS H 25 MPH ALL OTHER ROADS � z .< �� 20 MPH ■ ■ ■ ■■ "? k Y ME ^/ ry EXISTING SPEEDS f \ REVISED SPEEDS ik: \ Rk �' • l f � • _ - s tiu., - %; -2S `,„ ran qF `4/, \ j , �• t c „i'�i "C. � l .� k "`'` �e�+ '`n fia� tl.•t f \ 't f;� G .l"C". ° -i-,�- .�1 'r fir J Q �' f '_N /�� s T "l' zy\/ �� r ff�:.`.*� bh x• Y \ `tRat \ a 4JI 4x £Vy 4 N •N'J; M :_ Y �u 1 F `'r A J" f. hi:. — u A� a ,r `., a , ex- `€a: r s 4/ M • 4 .y M ~�N� .tip . / ''' `i .r , ;.• j �F 3/ r}... x , v J, /; lhf aa't a ti \ r� 11111brit 46 , \ '':''''','.-2 : Z • H -.y ', ra 4. A Du�r • t r '• , �� \ �' *.. A try �. -. \ h O - A '., �•• _a b- k'z t. 9k /V \ 'y xe S�.Y ' ; r 1 ,,yy _ / F 2 at a� _ 'J _ ,� j M • \ �. f ... t G r I • E� ® 3 O ■ RHEA y i d} \ Vp " 0 e 1 I '/may^ �v/� / sf ` n",1 I ` �'h a �?�, 1'�' -' 4, „ ORDINANCE NO. 99-21 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING CHANGE OF THE MAXIMUM SPEED LIMITS ON CERTAIN ROADS AND STREETS WITHIN THE TOWN OF FOUNTAIN HILLS IN ACCORDANCE WITH TOWN CODE, CHAPTER 12, TRAFFIC, ARTICLE 12-2 TRAFFIC CONTROL, SECTION 12-2-2, TRAFFIC CONTROL DEVICES AND A.R.S. § 28-703. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. That pursuant to Town Code Section 12-2-2 and A.R.S. § 28-703, the Town has determined on the basis of engineering and traffic investigation that the maximum speed permitted on certain streets within the Town can be declared to be reasonable and safe at speeds in excess of 25 miles per hour. Section 2. That attached hereto and incorporated herein by reference as if fully set forth herein is Attachment A setting forth the maximum speed limit for certain streets within the corporate limits of the Town and the segments of said streets affected by the increased maximum safe and reasonable speed limits. PASSED AND ADOPTED THIS 5th DAY OF AUGUST 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTEST: i/ 5L1,114 ' C-;./(1{/ //Z/kW/i-- Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul L ordin, Town Manager illiam E. Farrell, Town Attorney L Ordinance 99-21.doc SPEED LIMIT MODIFICATIONS L Street Segment Speed Limit (MPH) All Other Roads 25 Avenue of the Fountains Palisades Blvd to La Montana Drive 30 Boulder Drive Golden Eagle Blvd to Blackbird Drive 30 Del Cambre Avenue Grande Blvd to Calaveras Avenue 30 Desert Canyon Drive Sunridge Drive to Golden Eagle Blvd 35 Eagle Mountain Parkway Shea Blvd to Summer Hill Blvd 35 Eagle Ridge Drive West of Copperwynd Drive 35 El Lago Blvd Palisades Blvd to Saguaro Blvd 30 El Pueblo Blvd Fountain Hills Blvd to Grande Blvd 35 Fountain Hills Blvd Shea Blvd to 300' north of Kingstree Blvd 35 Fountain Hills Blvd 300' north of Kingstree Blvd to Palisades Blvd 45 Fountain Hills Blvd Palisades Blvd to north town limit 35 Glenbrook Blvd Bainbridge Avenue to Fountain Hills Blvd 35 - Golden Eagle Blvd Palisades Blvd to(700' west of Edgewater Drive) 35 Grande Blvd Saguaro Blvd to east town limit 30 Indian Wells Drive Nicklaus Drive to 700' west of Saguaro Blvd 20 Kingstree Blvd Fountain Hills Blvd to Saguaro Blvd 35 La Montana Drive El Lago Blvd to Parkview Avenue 30 Palisades Blvd Golden Eagle Blvd to Saguaro Blvd 35 Palisades Blvd Shea Blvd to Golden-Eagle Blvd 45 Palomino Blvd Palisades Blvd to Fountain Hills Blvd 30 Saguaro Blvd Shea Blvd to Fountain Hills Blvd 35 Shea Blvd West town limit to 700' west of Saguaro Blvd 55 Shea Blvd 700' west of Saguaro Blvd to east town limit 45 Summer Hill Blvd Eagle Mountain Pkwy to gate north of Miramonte Way 30 Sunridge Drive Palisades Blvd to Golden Eagle Blvd 35 L TOWN OF FOUNTAIN HILLS STAFF REPORT JULY 8, 1999 CASE NO: S99-016 LOCATION: 12835 North Mimosa Drive, aka Lot 27, Block 3, Final Plat 601 A. REQUEST: Consider the Preliminary Plat for "Mimosa Crest Condominiums", a 3-unit condominium project. DESCRIPTION: OWNER: Chas & Mary Di Naso Living Trust APPLICANT: Ideal Builders EXISTING ZONING: "R-3" EXISTING CONDITION: Under Construction LOT SIZE: 12,500 square feet SURROUNDING LAND USES AND ZONING: NORTH: Duplex; zoned "R-3" SOUTH: Duplex; zoned "R-3" EAST: Multi-family; zoned "R-3" WEST: Single-family; zoned "R1-10" SUMMARY: This request is for approval of the Preliminary Plat "Mimosa Crest Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site tii Improvements, a "fast track" process is beingsowed. The owner, Chas & Mary Di Naso, have chosen to convert a three-unit complex currently under construction and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,847 square feet, a minimum livable area of 1,525 square feet. The two end units will have a two-car garage and unit "B" will have a one-car garage with one additional parking space in the driveway. The applicant applied for his building permit, BP98-0324, on March 12, 1998 and received his permit to build on November 9, 1998. RECOMMENDATION: Staff recommends approval of S99-016; Preliminary Plat"Mimosa Crest Condominiums". L E s9 JIIV�ZITA t —. — TOWN OF FOUNTAIN HILLS y4.E:,,;® COMMUNITY DEVELOPMENT DEPARTMENT Lor xac 1p a atio----,: - ,. ;,,, , . --„ ,• „, Date Filed . Fee Paic '(� ✓,D Acce ted y �fo/7/ )ov/3D0 Condominium Name /17//7 o s4 e 4hsr 6i..i v o/7/,te"rui-, s 1 Condominium Address / t `it r7 ir. /7/`/2'•'S/4 r/z_. t Legal Description of Lot/Parcel Being Platted t 1 Plat 6v A//} Block 3 Lot(s) 2-7 Parcel Size Number of Units /Oo x /2..it, 3 t Number of Tracts Zoning t General Plan Land Use Designation k s Density Requested(Dwelling Units Per Acre) t \pplicant ' . e,4°e ,,6 6, Day Phone Address /fy City l% ST Zip n, �vA /7 7 f `/4' ! s /T2— erS2- e f Owner Day Phone CWXs f / 1,7�//f/4S L/v.r�'4 T/ a.s 7- , AddressCity ST Zip i /7/a.l'' J114 /v.'1 /cj-,t/ /4//s X 2- ef.f26S' Attachments (Please list) ./4" 4e.g4/n.,,e:4,-z.7 7 4-Is / / /,1r,,n. P4.,4 7-(g,,4,0 Signature- of Owner I HERBY AUTHORIZE (Please Print) Date �� .Cl /<. 4r-fr7 /��r'-Qcr TO FILE THIS APPLICATION. Subscribed and sworn before me this day of 19 My Commission Expires Notary Public (Seal) TFH Case Number Fee Schedule Attached �9 / - O/, I • ,. 5' is Z _ n v,A i s 0 V a ti 'al —� 7 n IK 7 ., n T .o, 1 tY N00'00'001 (W1105A OHM Zi me ( NOOVG'00'E(F� — W.Cf FEAHN,�C— 1 100.00'(H� Ili t: !ill. I $� P . �sx I m M / 1 1 8� 1 PR 115 AO, - I 8t E 4 . IP z I - f1.00' 70.00' — T.Od 54 RR Fit C 9 �g ja me t'�s = i< 8 1 I A P 1 r I >j 7 Ol71 0 I 1 i I I 5 L I ,.... . ,...._ !xi�;i "ill a 1 ( \ 1; $ �g c� d '� : a S; 5 S�^ 5' N ? x 0 �+ x 5..�`. B.S.B 'l i- 8.56 7.rn 4 i —, n n = P 3.2 1 :-.6 I S_1 �� r 7 �� 5 I ? r. 411 aII Y€E§rt �. — — — N i-° 3 N Z "1 lagi U — i 8N cx t O t�-t P :CO Q ' J A O V N i _ _ _ co.w(H g rri �6� N; 99.7613) Q A � li b 'a: '�P:P!i �xt !4lli !!j a PJIll! a ;!6a aI ykn` X ;I;d I'8 Z x;i'. fi a 1 1,0 �A n .sa-A-1. g 0 1 a 2 di ., , g ON R . R i44a f'1O'HI r _ �.-s^ Ie� z• _. l ` Ie. 1JI 'R0. P=y�la$'I! = $»_ n�} Q . tlX _ - 9zw22,. cP-ago % e$i: - °1 R a- T �!-a� oipS R� FY 44116 Y`g2 2 eYs `1 1 litilb -z ili i 2 i 3 1 ��ag �3E ;XE$q ax if E _ 3° p: q e.R 9 [II! •� ^� C IA-' if Ra-A� ref_ F ill f°: g a $fax i ? °;X a i 1;!E it a~ l' € g LA, DI NASO RESIDENCE woo re IN 0.rt9-t997 PLAT 601 A, BLOCK 3, LOT 27 "'' t" ''"''.96027 mama r t OF i am, AS N01ED 12835 N. MIMOSA DRIVE FINK EU1 b aR ma"p' a' le i I ■ 6.00' 1 I 1 r9 n 8 - =�I8 or. .,6.08 _ R r 17:).: - 14O a 8 1 , o CO 1 7.08 ID S,,: m CO - m g S m I,1 60o g _ 7 `9 • -7:3. . L n.6C [nso'• �. •• '7 IP ,i - I ,., .. , n 1 zs� L—g_J L--- ---- --J g�= ,1 B00 i1 10.0 1 z L d1 A A r 0 , ..• o L ,4.ar , 1 = n r „ 1 ``1 r--r- _MI) 1 _ 11J� ', n I T> - r--� .- moo 1il R 1 i I c �4 �.Il r 74.47 CO / 1 Q 1.3Y I ; 11 l`1 �6.ti-_9.371. I 1 91� E �--�-- 1 ti ` 1 1 2t00• I 1 x 1 ii 6 v , I DI NASO RESIDENCE ...-A ow ae 3-19-1997 MONTOOMERY ENONEERNO 1 MANAGEMENT,LLC. PLAT 601 A, BLOCK 3, LOT 27 043,D al ps ow..ova 2 2 AOKf u 2 O "A 9 u1EOTEn 16766 EAS1 PASKH[w A 6H UL 6167E 201 -- EWNIAIN MILS,AR17QNA A576B 12835 N. MIMOSA DRIVE FLCCR PLAN a SEC1Kf6 (6671 837-18,6 .d at< ,®,,,a„ Ayr • TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin,Town Manager FROM: Geir Sverdrup, Senior Plann DATE: July 30, 1999 SUBJECT: Final Plat for Fountain Summit Condominiums (aka Bella LagoComdominiums). Please find attached the staff report for Fountain Summit Condominiums. The applicant has substantially completed the improvement plans for this project and requests approval of the final plat. Please see the attached report for further details. L TOWN OF FOUNTAIN HILLS (lbw STAFF REPORT August 5, 1999 Case No: S98-034 Location: South of La Montana Drive, east of Saguaro Blvd and north of Panorama Drive Request: Consider a final plat for "Fountain Summit Condominiums", a 67 unit condominium project. Description: Applicant: Dan Kauffman Owner: Four Peaks AZ. L.L.C. Existing Zoning: "R-5" Existing Condition: Vacant Parcel Size: 29.99 acres. Surrounding Land Uses and Zoning: North: Single family residential, zoned "R1-6A P.U.D."; South: Multi-family (Fountainhead) &Fountain Park, zoned "R-5 R.U.P.D. & Rural-190". East: Vacant, zoned "R-3 & R-3 R.U.P.D.". West: Commercial, zoned "C-2". Summary: • This regr.est by Dan Kauffman of Four Peaks AZ, L.L.C. is or approval of the Final Pat for the Fountain Summit Condominiums Subdivision located north of Panorama Drive, east of Saguaro Blvd and south of La Montana Drive in a previously unsubdivided parcel of land. Evaluation: Approval of this project required a transfer of hillside land from the adjoining Dia Monte Del Lago project, by Sivage Thomas. This is being accomplished via a development agreement approved by the Town Council. The development agreement transfers approximately 55,000 s.f. from Diamonte Del Lago Project, adjacent to the northeast, to this project. Town Council Staff Report Fountain Summit August 5, 1999 Page 2 of 3 Preliminary Plat The Town Council approved the preliminary plat at the February 4, 1999 Council meeting with the following stipulations: 1. Provide 14' minimum behind 20' garage parking pad areas to allow vehicular access to the end units (Unit 101 and 102) or provide restriction in CC&R's to prohibit parking of vehicles in front of garages for Units 101, 102 and 103. 2. Construct a 5' wide (one-side only) sidewalk within the project cul-de-sacs to provide a pedestrian walkway between La Montana Drive and Saguaro Blvd near Panorama. This sidewalk does not necessarily have to begin at the driveway entrances. 3. Provide sight easements where required within the Phase II street area. 4. Revise the Phase II street design to show a minimum radius of R=100' for hillside local street. 5. Provide a traffic study/analysis recommending stacking distance at the entrance gates. 6. Relocate Units 201, 210, 211, and 212 such that the buildings and the garage parking pads are outside of vehicular sight line (20 mph). 7. Submit the final drainage report for Town approval with the improvement plans. Channel and direct flows from the upper level; use rock where needed. 8. The 6' sidewalk along La Montana should meander more gradually and be placed more within the 10' sidewalk easement. 9. Decrease the upper cul-de-sac cross-slope to 4%. 10. Gates to have Opti-con sensors 11. Phase II road circle to be marked as fire lane 12. A set of landscape/irrigation/planting plans must be submitted for review and approval with the Final Plat which conform to the requirements in Article VI of The Subdivision Ordinance of the Town of Fountain Hills The applicant has submitted improvement plans for review and approval by Town staff. While the plans are not yet fully approved the remaining issues are minor and will be revised prior to the recording of the final plat. Recommendation: The issues remaining from the improvement plan review of this project can be handled as a stipulation. Staff recommends approval of S98-034; Final Plat "Fountain Summit Condominiums" subject to the following stipulations: 1. Comply with all Engineering and Community Development redline comments on the final plat and improvement plans Town Council Staff Report Fountain Summit August 5, 1999 Page 3 of 3 2. Prior to recordation of the final plat, the applicant shall: A. Gain approval of subdivision improvement plans for development. B. Submit subdivision construction assurances acceptable to the Town Enginner 3. Prior to the issuance of any clearing, grubbing or grading permit, the applicant shall: A. Gain approval of the subdivision grading plan component of the subdivision's improvement plans B. Stake and rope all Hillside Disturbance Easements C. Erect a 6' high imbedded chain link fence in all areas within 8' of vertical construction D. Submit subdivision construction assurances as noted in stipulation 2B, above 4. Prior to recordation of the final plat the development agreement shall be signed and recorded. err "OMMUNfTY DEVELOPMENT DEPARTMEI Fountain Hills,7Arizona 0.)4n1M1 .: '`_r . ,. GENERAL APPLICATION ..... _ - r.:fit, . : :: I Area Specific Plan �4uo ' Temporary Use Permit Concept/Precise Plan Area Specific Plan Change Special Use Permit General Plan Amendment Variance Preli of Development • v Appeal of an Admin. Decision _Ordinance Interpretation /` Preliminary Plat ' Other Final Plat • • Requires additio al Application Submittal Checksheet --Zoning Change FILING DATE: � ��) �j (MO fir' FEE PAID. ( l) , F P ACCEPTED BYa , � (See Fee Schedule on other side) C REQUEST: Preliminary Plat approval �- j r c T 11Gl \ � Cc?�7► r.).ic s:..� I... ' J' ` e)C{ CAS 1 "f �' ®vac Ot i" I.n 1 1.1r-t APPLICABLE FHZO SECTION: Mrs. Applicant: Poo r Pf o 1.5 AZ _ ' L Lc Day Phone: CR b-6 E SS Mr. Ms. Address: . OK I R S I ` , 11 ff A>' q 7 City: on i 0 N iktate:Irclip:e 6 / Mrs. Owner: MCO Properties L.P. , a Delaware limited partnership Day Phone: 837-9660 Ms. Address: 16838 E. Palisades Blvd. , fountain Hill AZ 85268 City state Zip: r U , PROPERTY ADDRESS: / . 9. 4i /5".d I EXISTING ZONING /'S ' 1`ci Ice S'c 4 ' !11 I c',S€ �0 t J o A- PROPOSED ZONING 0 LEGAL DESCRIPTION: Plat Block Lot L J REQUEST TO: TOWN COUNCIL BOARD OF ADJUSTMENT K PLANNING AND ZONING COMMISSION DEPARTMENT STAFF 1\1TACHMENTS: Wy Psi rerL s llg!aa a wam ice d paat in -hg Eneral partner JC. L- „ l, 1!, Signa. re of OWNER '-Hank Lickman, V.P. DATE11/3')/998 ' HEREBY AUTHORIZE Four Peaks AZ, LLC (Dan Kauffman) TO FILE THIS APPLICATION. Abed and sworn before me this s fJ .d._-.- /,.' 19 rs r . w`\ OFFICIAL EEAL �', - -- ,., _,'\ LAURA PETERSEN Case Number Not ry ulic ' ;,/' Iarc. coo}Artto,rl \- MARICOPA COUNTY -'^� . .v 3 } -iy Commission Expires 9-/ - .. a Mr ccmm..7Ql�H.&pt soot 09/09/1998 14:07 602816E160 KAUFFMAN REAL FTATE PAGE 02 air*e--- TOWN OF FOUNTAIN HILLS -vz;,,,✓� COMMUNITY DEVELOPMENT DEPARTMENT Date Filed F Paid lc,.Et_ cm..." Accept By pr to,) 19' T8 �44 Oo`— O. I Plat Neme/Numbefr --a ke 6 , d.e 0'• I 1 a Parcel Size Number of Lots Number of Tracts Zoning IR•S General Plan Lend Use Designation • Density Requested(Dwelling Units Per Acre) 011 Applicant Day Phone Foor- P e KS ff2_ L. L . C_._ Slg -4I55 Address City ST P,o. {3ox 18 5-1 I _ . A.2--- (SW) Owner Day Phone Mc.o ?ro pr t / L L. , C. 837 --964o Address City ST Zip /683r 6'13c- )% SelfiP s 81.0• F11 . #2_ a atie Attachments(Please list) 2 <710r2A2. C 1 , 2c) s. 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SWfIINIry00N00 00V1 V1138 1 Z Q nz IDa - : , ^ 9 Aft_ q. ; i IR. 0,0 0 . r Q • N ` ci1..::; 1 sty, O "aiiii _ / 1— I• Vt —411( Z )' CZ C .z0/ A, .ti �' . 1 ,- � Om z Ai if . stlatil 3 ir ph ph.: a I o 40 e#,Avel frim t iv.,E.4 L 1 , tO.L. 1 • _______`"- AV#14,. 'NO / -—.4. mid,--.$ -74,+:1Nt" I < b k. S a I w iC. ® , Sumo- MP lip 11 Irj -,_ , frofilf, Si*/ / riming' (Wile@ /R. /44", vit 4,- - Gni , g , . , 740 .; ��'+ ► 7 \ Swop \ \ -,, 153 Wu SS TZ:6 66—or—L 6mp'oa—.1 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Plan DATE: July 30, 1999 SUBJECT: Preliminary Plat for Fountain Hills Resort Subdivision. Please find attached the Planning and Zoning Commission report for Fountain Hills Resort Subdivision. The Commission recommended approval of the preliminary plat at the July 8, 1999 Commission meeting. Please see the attached report for further details. (k L • TOWN OF FOUNTAIN HILLS • Lir PLANNING AND ZONING COMMISSION REPORT August 5, 1999 CASE NO.: S99-014 LOCATION: North of Shea Blvd&east of Palisades Blvd. REQUEST: Consideration of the Preliminary Plat Fountain Hills Resort Subdivision, which is a proposed one (1) lot, one (1) tract subdivision. DESCRIPTION: OWNER: MCO Properties, Inc. APPLICANT: Vladimir Hulpach for Fountain Vista Properties EXISTING ZONING: "R1-43" PROPOSED ZONING: "L-3 P.U.D. &OSR" PARCEL SIZE: 59.67 Acres PROPOSED#OF LOTS: 1 Lot & 1 Tract SURROUNDING LAND USES AND ZONING: NORTH: Developing single family lots within Westridge Village, zoned "R1-10 PUD". SOUTH: Developing FireRock Country Club South of Shea, zoned "R1-18 PUD". EAST: Undeveloped and unplatted land, zoned "R1-43". WEST: Summit Estates, zoned M-1. SUMMARY: This rtquest by Fountain Vista Properties is for approval of the Preliminary. Plat for the Fc:nntain Hills Resort Subdivision which is locales north of Shea Blvd. and east of Palisades Blvd.. The following report will review several aspects of the project, including the subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Subdivision Design GENERAL DESCRIPTION: The topography of the property is steeply sloping down to two washes. The subdivision has no proposed street layout due to its relatively small size and easy access to Palisades Blvd. Lot 1 meets all the "L-3" zoning district's lot dimension requirements, including those for size and lot width. Tract A meets all the "OSR" zoning district's lot dimension requirements, including those for size and lot width. . Planning&Zoning Commission Report Fountain Hills Resort S99-014 August 5, 1999 Page 2 of 4 GRADING: The proposed subdivision is undisturbed. Grading will only occur on lot 1 at the time of building permit. ISSUES: The Subdivision Technical Review Committee met with the applicant to discuss the preliminary design of the subdivision on June 21, 1999. The applicant has made most of the changes to the original subdivision design which was reviewed by the Committee. The outstanding issues as of the latest submittal are as follows: Engineering Department • Show 12' wide third lane, 4'bicycle lane, and vertical curb and gutter on westbound Shea Blvd. for the effective length of the property's 1300' ± south boundary. (This improvement is considered by staff to be well within the proportional traffic impact, estimated at 7000 vehicle-miles per day, on the Town's arterial street network. Our conceptual level estimate for this work is $100,000.) The Town anticipates commencing design of a large length of bike lane widening along Shea Blvd. later this year. If you wish, the Town would incorporate these improvements into that project at a$100,000 developer participation amount. • Consider moving the driveway entrance to align with the existing median cut for SRP. • Provide and show on plans the sight easement area if any,for the proposed driveway entrance locations. • • Provide and show on plans the proposed median cut for a left turn at the proposed driveway, a deceleration and an acceleration lane, storage, and taper lengths. • Provide and show on plans the right-turn deceleration lane onto the site, storage, and taper lengths. • Provide and show on plans the driveway entrance classification, configuration, and storage lengths for entering and exiting. • Provide a Final Drainage Study Report with the improvement plans for review and approval. . Planning&Zoning Commission Report Fountain Hills Resort S99-014 August 5, 1999 Page 3 of 4 • Provide a Geotechnical Report with improvement plans for review and approval. • Provide landscape and irrigation plans with the improvement plans. All existing rock cut slopes along Palisades should be color treated (Permeon or equal). • We question the feasibility of the sewer on-site alignment; it bucks substantial grade in hard rock in several locations. • On the Infrastructure Design Plan show/provide; (a) RipRap at the outlet of proposed catch basin and storm drain. (b) Revise Legend. • On the Hydrology Analysis, Drainage Report, and Resort Site Plan; seal, sign and date. Most of the engineering comments can be handled with the Final Plat Improvement Plans. The issue of the improvements to Shea Blvd are under discussion with the applicant as to the extent of the applicants participation in the Shea widening project. While staff realizes that there are a large number of stipulations staff feels that they can be addressed during improvement plan review. Planning and Zoning Commission The Commission heard all application regarding the resort on July 8, 1999. After a long discussion the commission recommended approval of the preliminary plat and continued all other items Recommendation Based on Life proposed subdivision design and the ,proposed zo.,Lng, the Planning and Zoning , '- - Commission recommended approval of the Preliminary Plat for the Fountain Hills Resort Subdivision Case#S99-014, subject to the following stipulations: 1. Show 12' wide third lane, 4' bicycle lane, and vertical curb and gutter on westbound Shea Blvd. for the effective length of the property's 1300' ±south boundary. (This improvement is considered by staff to be well within the proportional traffic impact, estimated at 7000 vehicle-miles per day, on the Town's arterial street network. Our conceptual level estimate for this work is $100,000.) The Town anticipates commencing design of a large length of bike lane widening along Shea Blvd. later this year. If you wish, the Town would incorporate these improvements into that project at a$100,000 developer participation amount. Planning&Zoning Commission Report Fountain Hills Resort S99-014 August 5, 1999 Page 4 of 4 2. Consider moving the driveway entrance to align with the existing median cut for SRP. 3. Provide and show on plans the sight easement area if any, for the proposed driveway entrance location. 4. Provide and show on plans the proposed median cut for a left turn at the proposed driveway, a deceleration and an acceleration lane, storage, and taper lengths. 5. Provide and show on plans the right-turn deceleration lane onto the site, storage, and taper lengths. 6. Provide and show on plans the driveway entrance classification, configuration, and storage lengths for entering and exiting. 7. Provide a Final Drainage Study Report with the improvement plans for review and approval. 8. Provide a Geotechnical Report with improvement plans for review and approval. 9. Provide landscape and irrigation plans with the improvement plans. All existing rock cut slopes along Palisades should be color treated (Permeon or equal). 10. We question the feasibility of the sewer on-site alignment; it bucks substantial grade in hard rock in several locations. 11. On the Infrastructure Design Plan show/provide; (a) RipRap at the outlet of proposed catctl basin and storm drain. (v) Revise Legend. 12. On the Hydrology Analysis, Drainage Report, and Resort Site Plan; seal, sign and date. May 25 99 09: 45a Hook Engineering 602-955-5443 P. 2 837- 101 oorT"i"4. 441. ,_/- TOWN OF FOUNTAIN HILLS 1°4,: COMMUNITY DEVELOPMENT DEPARTMENT ,-.._.......�...---- ____r:,_,._. �...._....— ..1 ..,',-1.4, , , t.14 1 v^+) 4> f r a 4}a j1,F . i�' fria-' Date Filed I Fee Paid I Accepted Byti M4y 260 /991 ,Y ./d Plat Name/Number r Fe-A( tA/ H/GLS ES ' r Parcel Size Number of Lots .2 p41 S) " S9,to7 pc S ,�SAeT s/>_ .J Number of Tracts Zoning (P.eoio..s of "TRACTS L-3 A,v/a o S'' General Plan Land Use Designation Density Requested(Dwelling Units Per Acre) 250 /ZOOPY1 Qsr/k/ -nav 2ESaeT CAI 462...1— RAS AG-. Applicant Day Phone icGx../A/rn/N V/57-4 P O 27e5 , 1.. L.C. 837- 3./ Address City /4. I3 9 E. N/C/ L 4c1S Die/fr y. 4 2. 8S2Go6 Owner Day Phone VLADirY1/A. ick1LPAcy 341-40 Address ..5Arn.E City ST Zip Attachments(Please list) 5/TE P44 .) / kiaL S/Qe 57ZA0 y/u T/L/ry Pi-A-t/ P IS.' Z' snit'y 7iL'A.P'/c srrlo y/ DR4,A/4t r°O,er(2) Signature of Owner 1 H_EBY AUTHORIZE (Please Print) Date 4D/041K HHL.PA4cg /24 2 G /9 5' 7,,--i.,_.A.,...A 4())7),,,1...„. s FILE THIS APPLICATION. Subscribed d sworn before me this 3 G b6 day of `Ztl u 19 %/ . dr tf a:6 zJr-- ---7 1�... Notary Public , �,,. , OFFICIAL SEAL "'�_.' LAURA PETERSEN Notary Public-Mate of Arizona '�� MARICOPACOUT7 Y My oomm.e>�Irw sepi N 1 ,2001 (Seal) TFH Case Number fiimpir Fee Schedule Attached .-.....2— 1;�' 1 d a 1 a. �N. 1 ,•I 1 a3;13: pp 7 ■, Y 5 1p IL , 1 i e 1- �W.a E YF 1 0 4 b ! i U V. ; �lg H e tl g Y l. i��;§;a b i M { i ! Oc a., Le iI / ....... Mill= e �31 W ti e a y O.il ! Wf'l1I? I SI I t ! ccii° i° I. N.'•^,.._ ...'.,r N 0 PIM,€1 , V b :! '! ' I jtj 1 1 < ! l! �ua r !ir r_(:_ ,^ti\ / !!" \` \y E C M a IlQ�3ii I I 7 ....,..., \\:f..._:___ ;... ,,„ -, V al * > qy ! t -_._-4hrae,.-._ y / a�` 'I': \ ,---•..r_aisr. 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W'0 / i! LL ! IN;;il ./ ' !% .r`• I i a ai Y 3 !A 131j)F; a jy `;:s`9,'% /j 7- \c , iI ',purr; mull llj„ta i If plop a.01 .i . .i1.B, m Ow I IIIII I \ j/ / ..____IV�,�r I = Yi!'3 l ;Rtil!1• 11,11 liars:101�i;▪14•1Fat gy Eji MI WW1 • l �' `4r96, G6 cis I1 lifllobig is st; lx�liaia(Eiel i.l o ; / I. f. �> <60/ ./ Y p lriii �1.4 !ii v 3is I . r2 1IP1i'IhI1i'Ii1!ft;liH!flii!1V1 ! f 11111soi it' W ! ri' i!i FFjjf+ t `�ls •s�s/.. a // O �Fitifii�!1V1 !l:3 ii J • 1, I !Anil i 11H Chron 201 TOWN OF FOUNTAIN HILLS MEMORANDUM 1 S I TO: Honorable Mayor and Co lai I 1; f FROM: Randy Harrel THROUGH: Paul Nordin DATE: July 19, 1999 RE: Avenue of the Fountains Electrical Upgrade, Phase II Bid No. ENG 99-002 Rejection of July 13, 1999 Bid Bids were opened for the Avenue of the Fountains Electrical Upgrade, Phase II, on July 13. (Please recall that Phase I last fall was a minor rehabilitation project to bring the existing electrical connections up to current code.) Phase II is a major upgrade at the Verde River intersection and on the Verde River to La Montana island. Phase II will provide sufficient power to eliminate the generators in these areas at the Fairs and other special events and to power the holiday lighting in these areas. Staff advertised twice in the Fountain Hills Times and Arizona Business Gazette, had plans on file with the three plan houses, had a one month advertisement period, and had six plan holders. Staff fully expected three bidders for this bid. However, due to various circumstances, there was only one bidder—AJP Electric. AJP picked up plans the day before the bid; their bid of $210,000 is substantially over the Engineer's estimate of$130,000 and the budget of$150,000. Additional bidders and a substantially lower price is likely to be obtained by re-bidding the project. Staff recommends that the Council reject the bid of July 13, 1999 for the Avenue of the Fountains Electrical Upgrade, Phase II. bb L AOF Bid.doc Chron 202 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable M r and Co n v I FROM: Randy Harre 4 v CdL- ,. THROUGH: Paul Nordin DATE: July 21, 1999 RE: Avenue of the Fountains Electrical Upgrade, Phase II Bid No. ENG 99-002 (RE-BID) AWARD OF RE-BID In the previous agenda item, since only one substantially high, bid had been received at the July 13 bid opening, staff recommended that that bid be rejected. In order to have adequate time to complete the project prior to the Arts and Crafts Fair in early (iiiy November and the holiday lighting thereafter, a bid for the project needs to be awarded at the August 5th Council meeting. Therefore, staff re-advertised the project for two weeks, and will re-bid the project next Tuesday, August 3rd. We will prepare a staff report with recommendations after the re-bid opening. bb Award of re-bid(AOF).doc Chron 209 TOWN OF FOUNTAIN HILLS. MEMORANDUM TO: Honorable Ma r and Co ncil FROM: Randy Harrel 1' THROUGH: Paul Nordin DATE: August 4, 1999 RE: Avenue of the Fountains Electrical Upgrade, Phase II Bid No. ENG 99-002 (RE-BID) AWARD OF RE-BID In the previous agenda item, since only one high bid had been received at the July 13 bid opening ($210,000), staff recommended that that bid be rejected. In order to have adequate time to complete the project prior to the Arts and Crafts Fair in early November and the holiday lighting thereafter, a bid for the project needed to be awarded at the August 5th Council meeting. Therefore, staff re-bid the project on August 3rd. One bid was received on August 3rd from DnD Electrical. Their bid was as follows: Item DnD Electrical Engineer's Estimate Project Budget Base Bid $125,000 $100,000 Additive Alternate 5,000 30,000 Total $130,000 $130,000 $150,000 Please recall that the Phase I project constructed last fall was a minor rehabilitation project to bring the existing electrical connections up to current code. Phase II is a major upgrade at the Verde River intersection and on the Verde River to La Montana island. Phase II will provide sufficient power to eliminate the generators in these areas at the Fairs and other special events and to power the holiday lighting in these areas. Staff does not believe that re-bidding the project will yield either additional bidders or a lower price. DnD has satisfactorily performed several previous projects for the Town, as well as for Fountain Hills Sanitary District and Chaparral City Water Company. Staff recommends award of the re-bid for Avenue of the Fountains Electrical Upgrade, Phase II,including the additive alternate to DnD Electrical in the amount of $130,000. bb AOF Re-bid Award.doc TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner Ver DATE: July 30, 1999 SUBJECT: Preliminary & Final Plat for"Mimosa Crest Condominiums" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Chas & Mary DiNaso which would condominiumize three units located at 12835 N. Mimosa Dr.,aka Lot 27, Block 3, Final Plat 601-A. Please refer to the attached Planning and Zoning Commission &Staff report for additional details regarding this request. L •