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HomeMy WebLinkAbout1999.1118.TCREMP.Packet TAIN � NOTICE OF REGULAR AND EXECUTIVE SESSION Cw. (1' 3 ••c�un• OF THE = o o —�• ,d � �� FOUNTAIN HILLS TOWN COUNCIL at�sAx► Mayor Morgan Vice Mayor Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Councilman Mower Councilwoman Hutcheson WHEN: THURSDAY, NOVEMBER 18, 1999 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please Visedhere 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—Rev.Mark Lansberry-Fountains United Methodist Church • ROLL CALL 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. Town Council Meeting Agenda Regular Session November 18, 1999 *1.) Consideration of APPROVING THE MEETING MINUTES of November 4, 1999. *2.) Consideration of the SPECIAL EVENT REQUEST jointly submitted by the Fountain Hills Chamber of Commerce and the Town of Fountain Hills for the Annual Lighting of the Avenue and the 10th Anniversary Celebration scheduled for Saturday, December 4, 1999 from 5:00 p.m. to approximately 7:00 p.m. The combined event will occupy the Avenue of the Fountains from Saguaro Boulevard to La Montana, requiring street closures at 1:00 p.m. to allow for stage and tent set up at the intersection of the Avenue and Verde River Drive. *3.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Richard Floyd for the Parkview Tap House located at 16828 East Parkview, Unit B and C. The request is for a Class #7 Beer and Wine license. *4.) Consideration of RESOLUTION 1999-55 designating the election date and purpose of election; designating the deadline for voter registration; and designating the place and the last date for candidates to file nomination papers. *5.) Consideration of the PARTICIPATION AGREEMENT with FireRock for the traffic signal at Fountain Hills Boulevard and Shea. *6.) Consideration of the PRELIMINARY AND FINAL PLAT for La Loma 2 at Eagle Mountain Condominiums, a recondominiumization of units 22 through 38 and Tract D,Case Number S99-038. *7.) Consideration of CHANGING THE NUMBER ASSIGNMENT of Ordinance 99-31 to Ordinance 99-33. This is a housekeeping item to avoid duplication of ordinance numbers and does not in any way change the content of the ordinance as approved at the November 4, 1999 Council meeting. 8.) Consideration of RESOLUTION 1999-57 authorizing the execution of an Intergovernmental Agreement between the Towns of Fountain Hills and Guadalupe and the Los Arcos Multipurpose Facilities District. Staff will also report on the status of the Los Arcos Stadium District including funding schedule, use of funds, contract status,and Scottsdale indemnification IGA. 9.) UPDATE by Information System Specialist Peter Putterman on the Town's status/preparation for Y2K. 10.) Consideration to APPROVE A LOCATION in Fountain Park for a Veteran's Memorial. 11.) Consideration of RESOLUTION 1999-54, declaring as a public record that certain document filed with the Town Clerk and entitled"The 1999 Amendments to the Tax Code of the Town of Fountain Hills." 12.) PUBLIC HEARING on ORDINANCE 99-32 relating to the Privilege License Tax; adopting "The 1999 Amendments to the Tax Code of the Town of Fountain Hills" by reference; establishing an effective date; providing for severability and providing penalties for violations. 13.) Consideration of ORDINANCE 99-32 relating to the Privilege License Tax; adopting "The 1999 Amendments to the Tax Code of the Town of Fountain Hills" by reference; establishing an effective date; providing for severability and providing penalties for violations. 14.) PUBLIC HEARING to receive public comments on a request for a Special Use Permit for a Comprehensive Sign Package for Firerock Country Club, Case Number SU99-08. 15.) Consideration a SPECIAL USE PERMIT REQUEST for a Comprehensive Sign Package for Firerock Country Club,Case Number SU99-08. 16.) Discussion of DEVELOPMENT FEES for the Town of Fountain Hills with possible direction to staff to contract with a consultant to study the application of said fees. Town of Fountain Hills Page 2 of 3 Last printed November 17, 1999 3:49 PM Town Council Meeting Agenda Regular Session November 18, 1999 17.) CALL TO THE PUBLIC r 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. 18.) 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 consultations for legal advice with the attorney or attorneys of the public body regarding the Los Arcos Multipurpose Facilities District and the Barclay Group; AND 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 regarding the Town versus MCO Properties; AND discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiation for the purchase or lease of real property with regards to the possible acquisition of Chaparral City Water Company and the proposed lease for the Town Hall facilities;respectively. 19.) RETURN TO REGULAR SESSION. 20.) ADJOURNMENT. DATED this 16th day of November, 1999. By: (4440.A.41. 6 ��Q.�� Cassie B. Hansen,Town Clerk L 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. L Town of Fountain Hills Page 3 of 3 Last printed November 17, 1999 3:49 PM MEMORANDUM TO: THE HONORABLE MAYOR AND TO CO CIVZ FROM: PAUL L. NORDIN, TOWN MANAGE DATE: NOVEMBER 12, 1999 RE: MANAGER'S REPORT FOR THE NOVEMBER 18TH COUNCIL MEETING Reminders: Two public hearings are on this agenda. We will hold an Executive Session immediately following the regularly scheduled council meeting. CONSENT AGENDA: There are six items on the consent agenda. Please review each item and contact me should you determine any should be removed. AGENDA ITEM # 7 - RESOLUTION 1999-57/LOS ARCOS STATUS REPORT AND IGA: Bill Farrell will report on the funding schedule, use of funds, and contract status of the Los Arcos Stadium District. Council will also consider the execution of an Intergovernmental Agreement between the Towns of Fountain Hills and Guadalupe and the Multipurpose Facilities District. Staff recommends adoption. Please see Bill's attached report. AGENDA ITEM#8 - TOWN'S Y2K PREPARATION UPDATE: Information System Specialist Peter Putterman will discuss the status of the Town's Y2K preparation and compliance activities. He will be happy to answer any questions you may have regarding this subject. AGENDA ITEM#9- PROPOSED VETERAN'S MEMORIAL IN FOUNTAIN PARK: Representatives from the American Legion and the Veterans of Foreign War approached the Town requesting consideration of a local veteran's memorial site at a town-owned park. The Parks and Recreation Commission met on September 13th and approved a memorial site to be located in Fountain Park. Please refer to Robin's memo. L Town Manager's Report November 18,1999 Council Meeting Page 1 of 2 AGENDA ITEM# 10,# 11, &# 12 - PUBLIC HEARING/ORDINANCE 99-32/ RESOLUTION#1999-54/AMENDMENTS TO THE TAX CODE: Council will consider the 1999 tax code amendments, which are designed to make compliance with the tax code easier for businesses. A summary of the amendments to the Fountain Hills' local sales tax code reflecting recent changes in State law are included in Julie's attached report. If approved, these new laws will become effective January 1, 2000. AGENDA ITEM# 13 &# 14 - PUBLIC HEARING/SPECIAL USE PERMIT/ COMPREHENSIVE SIGN PACKAGE FOR FIREROCK: Council will consider the Special Use Permit for a Comprehensive Sign Plan for the Firerock Specific Plan. Staff has recommended approval subject to the stipulations. The Planning and Zoning Commission's staff report is attached for your information. Since the Planning & Zoning Commission will not meet until November 16`h, the report will be provided to you at the November 18th council meeting. Please see Geir's memo. AGENDA ITEM# 15 - CONSIDERATION OF IMPACT FEES: Over the years in Fountain Hills, Council discussions have taken place regarding the imposition of development (impact) fees. Prior Councils have said no. Due to the Apache Junction school development fee issues and the possibility of imposing impact fees for Fountain Hills' schools, this subject has arisen again. To impose a development fee as authorized by the Arizona State Law, an involved study must first be done for each development fee that would be imposed. As Jeff s enclosed memo indicates, development fees may be charged for a wide variety of municipal services. The justification for each development fee must establish a rational nexus between the dollar amount charged and that particular fee (park, police, etc.). Therefore, if the Council is interested in examining whether or not development fees should be imposed, then a detailed study should be done. There are several well-known national firms that have been successful in developing appropriate procedures and formulas for the imposition of development fees. Development fees are collected when building permits are issued, not as a part of the subdivision process. As has just been noted above, there has been a good deal of community interest in imposing a development fee for school construction in Fountain Hills. We are also aware that Bill Farrell has recently won a Superior Court victory for the City of Apache Junction's school development fees. The City of Apache Junction has specifically asked us to consider the imposition of a Fountain Hills' school development fee as they feel this might aid them in their continued efforts. If the Council is desirous of going forward, staff should be directed to hire a consultant for this purpose. AGENDA ITEM# 17 - EXECUTIVE SESSION: Town Attorney Bill Farrell will provide the information prior to the meeting. Manager's Report November 18,1999 Council Meeting Page 2 of 2 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL - From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATI Date: November 17, 1999 Re: QUICK AGENDA UPDATE Yes....you do have a purple agenda but the changes are minimal. A new agenda item #7 appears on the consent agenda. This is strictly a housekeeping item to change an ordinance number that was inadvertantly duplicated. The only other change was to lengthen the executive session! Mr. Farrell will provide legal advice on issues regarding the Los Arcos District and the Barclay Group. Discussion of the proposed lease for Town Hall office space was also added at the request of Councilman Wyman. Thanks!, Loy Page 1 of 1 Agenda Update for 11/18/99 Meeting Last printed November 17,1999 4:41 PM *- Interofice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: November 11, 1999 Re: AGENDA ITEM #2—CHAMBER/TOWN SPECIAL EVENT REQUEST AGENDA ITEM #3 — PARKVIEW TAP HOUSE LIQUOR LICENSE AGENDA ITEM #4— RESOLUTION 1999-55, CALL OF ELECTION AGENDA ITEM #2—JOINT SPECIAL EVENT REQUEST As you know, the Chamber of Commerce sponsors the Annual Lighting of the Avenue held on the first turd `� f December. Since the Town will be celebrating its 10th anniversary on December 5, we decided to combine the events on Saturday, December 4 from 5:00 p.m. to approximately 7:00 p.m. The event will occupy the Avenue of the Fountains from Saguaro to La Montana, requiring closure at those intersections at 1:00 p.m. to allow for stage and tent set up at the intersection of Verde River and the Avenue. The program will start at the stage at 5:00 p.m. with introductions and presentations to ail past and current mayors and council members. Marshal Gendler has reviewed the request and forwards a favorable recommendation. Staff recommeds approval and hopes that;= veryne comes to the Avenue to join in the celebration! AGENDA M #3 — PARKVIEW TAP HOUSE LIQUOR LICENSE APPLICATION Richard Floyd has applied for the transfer of a Class #7 Beer and Wine liquor license currently located at the Parrot Bay Café in Glendale to the Parkview Tap House to be located at 16828 East Parkview, Units .B and C. Mr. Floyd and his wife Sandra just moved to Fountain Hills and hope the new establishment Will be finished and ready to open in January. The Parkview Tap House will be a sports bar hat serves food, beer and wine only. Marshal Gendler has performed his background investigation and spoken to the Liquor Department about the violations that appeared on the application. His findings resulted in a favorable recommendation. I spoke to Mr. Floyd regarding the violations on his application and suggested he supply the Council with additional information clarifying those items. He said he would be happy to supply that information and answer any questions the Council may have regarding his past experiences or his goals for the Tap House. The premise has been posted for the statutory 20-day period and no written protests have been received at Town Hall. Mr. Floyd has been provided with a business Page 1 of 2 Staff Report for 11/18/99 Meeting Last printed November 11, 1999 5:00 PM November 11, 1999 license application and will remit prior to opening. Based on the Marshal's findings and compliance with the state liquor requirements, staff recommends approval. AGENDA ITEM #4— RESOLUTION 1999-55 CALLING THE ELECTION Although state law no longer requires a resolution to call an election, it is a practice we continue to provide public notice of the impending election. It is a routine resolution designating the purpose and dates of the primary and general elections, the deadline for voter registration, and the deadline for candidates to file. Staff recommends approval. L 2 Fountain Hills memorandum tki"' TO: Cassie Hansen FROM: Steve Gendler DATE: November 11, 1999 SUBJECT: Special Event Request- "Holiday Avenue Stroll" The purpose of this memorandum is to endorse the attached special event request from the Fountain Hills Chamber of Commerce. They are requesting approval of the annual "Holiday Stroll" on the Avenue of the Fountains, Saturday, December 4th. In reviewing the request, I have found that the event will require us to close Avenue of the Fountains at La Montana, Verde River, and Saguaro. Since this is after normal business hours, and the merchants along the Avenue of the Fountains are normally participants, I do not anticipate any opposition from the businesses owners in the area. Further, there is ample parking in the paved lots to the north and unpaved lots south of the Avenue of the Fountains. I have a particular concern with parking along Saguaro Boulevard and will work with Pat Harvey to put up "no parking" signs between Parkview and Stewart Vista to reduce pedestrian traffic on Saguaro. If the Council approves this request, the Marshals Department will use three volunteers who will be stationed as follows: In the intersection of Ave of the Fountains and Verde River On roving patrol east of the Ave of the Fountains/Verde River intersection On roving patrol west of the Ave of the Fountains/Verde River intersection. I am recommending approval based on the successful "Avenue Strolls" in previous years; the fact that this is a "community event" which will not constitute a security problem; that adequate parking exists in the vicinity; that it will include the town's "10th anniversary party"; and, that it will not inconvenience residents with numerous road closures and detours. Steve Gendler Marshal O1.yN'LAI *4, a =; 1 RECE►W I)1 tkt O i 40 D %,,,,,,. �� ten. �m Special Event Request NOV 0 g bat„Ate 1999 FOUNTAIN HILLS Name of Event Coordinator a� /F �/ `'/v /. rfoil,�i�' /`cG? � Address: Telephone: (residence) ' -�,�� (business)_______ A3- 7;7 ,r If the event is designed to be held on behalf of any person other than the applicant,the applicant shall supply written authorization from the organization sponsoring the event,dated not more than 90 days before the application,authorizing the applicant to apply for the permit on the sponsor's behalf. Name of Organization' i" / ( Telephone: Address of Headquarters• Description of Event: •57 u' tte Av //l,' /4/j �fle"7/. 4U/` /¢ ,v/d. Purpose of Event (i /'J AV/T ,14 r'6 t'Lr ilibe Location of Event: /4'vdr---- f n;V.."7".7'.d-s (Attach map or diagram of area to be u��r event) /a/V/fr of Event: fr Beginning Time: Ending Time: 7-,3w What portion of the roadway, if any, will the event occupy' �F .7 /E�'c� �/.dS 5 fielfrd — 2,,ty,; �,W ems 0 9 I ," 73. Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: /- Do you anticipate a need for the Town to provide any of the following: Please Note The Town Marshal(or designated official)may establish requirements that may include (but are not limited to)personnel for emergency,traffic and crowd control,traffic control devices,and other services and equipment deemed necessary for the protection of event attendees as well as the community as a whole. . Personnel: M44 sA4-s Supplies and Services:,iif.<-/C il•DE"5 �`'�� L Vehicles and Other Equipment. SLt18�° ST.��r-S ����� ��cTG'�, STAIN k, wv d Nth":„ Speesi lverat I3 vaem4 lasfiranditona Sheet g. Ar ..14't To insure a timely and thorough application process, please adhere to the following procedure and supply the requested information along with the completed application form. 1. Application forms should be picked up from the Town Clerks office at least six weeks prior to your event. All forms and submittals MUST BE RETURNED to the Clerk's office FOUR weeks prior to the event to allow for ample review time and Council approval. Applications submitted less than four weeks prior to the event will not be accepted. 2. Be sure to arrange for insurance coverage. Please make sure to read the liability release and indemnification agreement on page two of the event request prior to signing the application. You must be an authorized signer to sign the application. Supply the name of your insurance company, policy number and policy dates on page two of your application. A certificate of insurance must be received by the Clerk's office one week prior to Council review. When requesting a certificate of insurance from your insurance carrier,please advise them that the certificate MUST: - BE FROM A COMPANY LICENSED IN ARIZONA AND RATED'B"OR BETTER BY A.M. BEST CO., OR APPEAR ON THE ARIZONA INSURANCE DEPARTMENT APPROVED LIST OF NON-ADMITTED CARRIERS - REFERENCE THE NAME AND DATE OF THE EVENT - NAME THE TOWN OF FOUNTAIN HILLS AS AN ADDITIONAL INSURED - STATE ACKNOWLEDGEMENT AND AGREEMENT TO THE PROVISIONS OF THE INSURANCE REQUIREMENTS OF THE SPECIAL EVENT REQUEST 3. Include a town map with your packet which clearly depicts the area in which your event will be taking place, including barricades, fencing, closures, booths, etc. 4. Obtain written permission from property owners if your event is taking place on private property. 5. At least one week prior to the event, prepare press releases for the paper referencing any street closures. 6. When you turn in your request, the Clerk will log in your application. Arrangements will be made for you to meet with the Town Marshal and the Fire Chief who will coordinate the ` public safety requirements of your event. (Attached are some guidelines provided by the Fire Department with regards to their permit requirements - only one permit, the special event request, will be needed for both the Town Marshal and Fire Department.) If the size of your event requires additional contract services, the Town Marshal will make the necessary arrangements. He will let you know what financial arrangements will be required for these services. The Town Marshal and Fire Chief will sign off on the back of your application indicating that the appropriate arrangements have been made. The application will then be returned to the Clerk for Council action. 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'1�4.(�, I L a1yy f( i• , Y �q 4)' SANDSTONE Cr - fONEj 1kA•A; .OR.. �.., • r 44 451 0"" SAc UAR• LVD • , < ,1,„„A 9.t00 a / y a'/ kE0\_d! U M �' • SI nor • M 4 ' J °� � � J* -.. -..mmo •--• - FOUNTAIN HILLS MEMORANDUM TO: Cassie Hansen, Town Clerk FROM: Steve Gendler, Town Marsha DATE: October 28, 1999 SUBJECT: Liquor License Application - Parkview Tap House The purpose of this memorandum is to endorse the attached Liquor License Application from Mr. Richard Floyd. The application is for a transfer of a current license issued to "Parrot Bay Cafe" in Glendale to a new business planned at 16828 Parkview in Fountain Hills. It is my understanding that this application is scheduled for consideration by the Council at their November 18th meeting. Background Investigation This application represents a request to transfer an existing Class 7 liquor license purchased by SF & RF Sports Inc. to a proposed business in Fountain Hills. The license, which held jointly by Richard and Sandra Floyd, is currently issued to "Parrot Bay Cafe" at 5625 W. Bell Road in Glendale. Under this application, it would be transferred to a proposed new business called "Parkview Tap House" at 16828 E. Parkview in Fountain Hills. A Class 7 license allows on premise sale of beer and wine as well as a beer and wine "to go" privilege for take out purposes. A Class 7 license under state statute ARS 4-207A is a "quota" license with no new ones available in Maricopa County. Therefore, a transfer from one business to another is common with this classification. A Class 7 license is prohibited within 300 feet of a church or school. The local jurisdiction also has to decide whether or not there is a proliferation of liquor establishments in the vicinity. A review of the location indicates no churches in the vicinity and the closest establishments authorized to sell liquor are class 12 (2), class 9 (1) and class 14 (1). The primary applicant, Richard Floyd, is an Arizona resident residing at 16718 Trevino in Fountain Hills. He and his corporate partner, Sandra Floyd, comply with all state regulations relating to residency. I have conducted a background check which revealed no wants or warrants. The facility itself is proposed for 16828 Parkview and will operate under the business name, "Parkview Tap House". Since the facility is a new building and fixtures are not yet installed, an inspection was not conducted. I also found no record of a Fountain Hills business license at the time of this investigation and recommend that a business license be a condition of approval. Recommendation This business, which will be an adult tavern, does not result in a proliferation of liquor establishments for the area. Based on compliance with the provisions of ARS 4-207A, and with the stipulation that the applicants secure a Fountain Hills business license, I recommend approval by the Council. 4 ARIZONA DEPARTMENT OF LIQUU'NEES & CONTROL 1yq;i�r,.j�. -*Aglk*\OCT 2 21999 400 W Congress#150 800 W Washington 5th Floor i''�";�`�-_ L - -tom'- rL W ry Tucson AZ 85701 Phoenix AZ 85007 G y,y � �� FOUNIT INIA (602) 542-5141 .S�.4" CLERK (520) 628-6595 APPLICATION FOR LIQUOR LI(,'E1SE TYPE OR PRINT WITH BLACK INK -rotor. 0 Notice: Effective Nov.1,1997,All Owners,Agents,Partners,Stockholders,Officers,or Managers actively involved in the d.ai to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. li- &ol'c• I i,-)4.-i 9 SECTION 1 This application is for a: SECTION 2 Type of ownership n t- I I-IS-1 el ❑INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6To ( I i _ 1rw _9 ❑ W LICENSE Complete Sections 2,3,4,13,14,15,16,17 El INDIVIDUAL Complete Section 6 PERSON TRANSFER(Bars&Liquor Stores ONLY) ❑PARTNERSHIP Complete Section 6 ' rl yov c Complete Sections 2,3,4,11,13,15,16,17 'CORPORATION Complete Section 7 j 1-I - t' t XLOCATION TRANSFER(Bars and Liquor Stores ONLY) D LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 0 CLUB Complete Section 8 O PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) 0 TRUST Complete Section 6 -z. , ❑GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 El OTHER Explain N SECTION 3 Type of license and fees: LICENSE#: 41 7‘) 0 1. Type of License B e'er E Al r / if)e.- ''2.Total fees attached: $ ' n if APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDA A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) GIS SECTION 4 Applicanell applicants must complete this section) 1 1. Applicant/Agent's Name:Ms. F 1 U\1 c\ )C�Q r U U pl an e (Insert one name ONLY to appear on license) Last 7 Fast ddle 2. Corp./Partnership/L.L.C.: 6 F 4- R F S pO r -Enc. . (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name a r 16,'!e%v .T P lrto o c ' ' (Exactly as it appearson the exterior off premises) /_ / // c> �/ 4. Business Address:/ 'faj0 E, Parj 6ieiJ Vni 6.1-i Or 7�t1,i1 1411S iarp �} 4d(Do not use PO Box Number) City ,/ COgera Zip 5. Business Phone:(lQ n L)IE. V�-S ©C''fit" Residence Phone:(ItO )4 , ' ' • " 73/,-7 6. Is the business located within the incorParKVI& ) ated limits of the above city or town? S ONO 7. Mailing Address: I6 S 7,U E 9 On i -S 1' ?oM i n / I! ,+7_, g5,26 C)O City State Zip 8. Enter the amount paid for a 06,07,or 09 license: $ /Oj /£ , . (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: R-1 '&767- � Date: /G'/?3A f Lic.# 0 7 6 0 3 .)(s Fees: / /? $ < O() Application Ift I ermit Agent Change Club F.Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 010011/97 *Disabled individuals requiring special accommodation,please call the Department. SECTION 7 Corporation/Limited Liability Co.: EACh PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD,AND $24 FEE FOR EACH CARD. '® CORPORATION Complete questions 1,2,3,5,6, 7,8. ❑ L.L.C. Complete questions 1,2,4,5,6, 7 and attach ropy of Articles of Org.and Operation Agreement. 1. Name of Corporation/L.L.C.: _ 6 F .R . ,5 parr 6_r % ' - _ (Exactly as it appears on Artidles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: Io'a1 -919 State where Incorporated/Organized: AR lzotJi _ 3. AZ Corporation Commission File NoT 1EIJ11)I YJ fir-' Date authorized to do business in AZ: /0". a —99 4. AZ L.L.C.File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C.non-profit? 0 YES ZNO If yes,give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Last First Middle Title Residence Address City State Zip 1!o\CI `Pi'ch a rd erne.. P E./Dire�l67/,� E, /r-ell')0 is� C ��Is �' 4( I ice Sec y�Tmas if a rr !d �r Flo d Saani ke �r� o� �r (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: ast First Middle %Owned Residence Address City State Zip o ."T card Ems - e- 5'0% /aY/� E1 Tre Lil'no d- in '(�s, '� em LI � k Floyd Sand 5®% % (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C.is owned by another entity,attach an ownership,and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? 0 YES ❑NO If yes,give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address City State Zip L (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) OLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. ent Business Name and Address: ' Y - BA1 a�� (Exactly as it appears on license) i 44B /� nAIl /f75.3n6 ���.5 �, � of (.�- e ci e z 2. New Business Name and Address: KP.-Par ' A p c U s e 14 (Do not use PO Box Number) /61JS? t, arkv e &(8ri-e) FLnk;i1 i/,7/5, Az. gcle2k- r/ .8ee�' ,499 9 3. License Type: �/ "a' License Number: 07 t/;om' 7����6 I ast Renewal Date: Wii e 4. What date do you plan to move? 43/ei P What date do you plan to open? 4pprO,(. isc1J, el OC C SECTION 13 Questions for all in-state applicants: 1 n-t1lz C)n�sn �- ►`(1 14 i5 . 1. Distance to nearest school: I r�t ,€r.'' Name/Address of school: (regardless of distance) 16/4/9 Lam, lt4 i Sades 2. Distance to nearest church: I'7 ,fir Name/Address of church: Four II Nile ct I n �!'S y1t`f'!Qf 1 (regardless of distance) i J ,//5/ •nQv� l3o0/ r(k)n7 2r n ff o v s Lam the: 0 J FSSEE ❑SUBLESSEE : 'OWNER ❑PURCHASER(of premises) 4. If the premises is leased give lessors name and address: Monthly rental/lease rate$ . 5. What is the total business indebtedness of the applicant for this license/location? $ 0 .-- . Does any one creditor represent more than 10%of that sum? 0 YES 'NO If yes,list below. Total must equal 100%. Last First Middle %Owed Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY)6. What type of business will this license be used for?(BE SPECIHC)g pc r�5 l3 Cl r 5erl3 i n Cocci-beet-4-wine-- 7. Has a license,or a transfer license for the premises on this application been denied by the state within the past one(1)year? 0 YES EKO If yes,attach explanation. 8. Does any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? OYES LMNO 9. Is the premises currently licensed with a liquor license? ❑YES 14-NO If yes,give license number and licensee's name: (Exactly as it appears on license) 5 SECTION 16 Geographical Date.: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. L. `•elow the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. L�,-�1 pp/CANT 7 2.3A5N-A-€ NT 3. �"he Vila e. 'Po b a ' 1 r 4. Z o 5. � 6. E.: 3 7. 1` 8. - .t P 9. Pc pYvie - ----7 A R M. To,f \-b('se. 1- V 11. Li l C' SA GO ARA 13. 14. L°H ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: I, ?1 C In Ct Y' a 4� Fic,\_, C� , being first duly sworn upon oath,hereby depose,swear and declare,under penalty (Print name of APPLICANT/AGENT listed in Section 4 Queson 1) of perjury,that 1)I am the APPLICANT(Agent/Club/Member/Partner),making this application;2)that the application has been read and that the contents and all statements are true,correct and complete; 3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor;4)that no other person,firm,or corporation,except as indicated,has an interest in the spirituous liquor license for which these statements are made;and 5)that none of the owners,partners,members,officers,directors or stockholders listed have been convicted of a felony in the past five(5)years. X ` s ,e i-li -7-7.4---7 ( ignature) SUBSCRI ED IN MY P ENCE AND SWORN TO before me _. ...,.... � - thi day of g . C_/ ay of Month Year ommission expires on: p (Signature of NOTARY PUBLIC) 7 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 400 W Congress#150 Phoenix AZ 85007-2934 r ' Tucson AZ 85701-1352 (lip, �'���� (520) 628-6595 (602) 542-5141 '� QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subse(Luent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK 1. Check appropriate !� Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) r Licensee or Agen,tJ�ust complete#21 for Manner Licensee or Agent must complete#21 la. Name: I 10. CI i l iC1 IXi 4- e/)e Date of Birth: //"Al - /7' Last First Mime Q -TAP2. Name of licensed Premises: Park'U1A3 �V Cr�� Premises Phone:(�fl���.�.�,q�-�j-G�5�'l� �t�i- FF�,vrl is o n ,�J t f 3. licensed Premises Address:1449 9 E.Fi3 rk h i tit) J t a ii s L f�k+ ?f aiv) liquor License•# p Street Address (Do not use PO Box#) City County Zip (If this location is current1 censed) VI 4. Drivers License#: 8 I, ,7,',7'l"' State Residence Phone:(Il k' ) 17 - o de �i // �^� Height: Weight: �� Eyes: +`itU Hair: Place of Birth: i C� IVN L V� .S. City i,G State I 0\ dS l l(1 Imo.( 1 ' � �0 t' r Date of Birth: ' -/9'`{ 5. Name of Spouse: f Lass First Middle Maiden 6. You are a bona fide resident of what state? A/ /ZON'4 — A 1- If Arizona,date of residency: !v`''ilf, /ferA 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state. list most recent 1st. 1 FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,,state&zip) CURRENT pCt rt.neriCiLlrlt'i`- RkCartiO's FiZ.L q-'5pirirs /913 P SLAI " 1ectuurar ? /1 I C i I ber4-i 6;l e,�, la, � t,3- R s./ -t5c. itooNe t e i-- 3 5.Pe :D, tr-r141L'6e Spe,e rs (iq"-re., /Ii9j 'PR E3 T r2 r4vd=A-kgpe r;-lam .393 111 11/zrner, Cm/viler, Az. r alb ,it 1%g9 V/991 Glen IIpbZ -x4oSiziUr.2n" /Lc1,.i iti, D F i#€w SSc 'rs064 ,7' ) o "6, evoler) IN4e04,it Z 1 ci19 , ,1H9,/ 1rn'1 pM., k.shwur n,l-/i,, inej'e flit c r dsP�zz/1►-Sp►ro.fs -/oTT f1�,;',zcn i 8)4,)°1. (ATTACH ADDITIONAL SHEET IF NECESSARY) T (tx l rl e,'#z D -1 r 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip gbfif CURRENT �i,1 e. /re/17/9itiF AYE, --t/Lerf Az: S5 ,- 'pro wino t Foe)»l a ir) 4.4C) +o.- f-9q Add 5 / ,7/f C-, /rei/i17O _ _1-1- ►'I1S A2, g e2r uc 0101 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 (lbw RICHARD E. FLOYD ADDITIONAL QUESTION #8 3/1992 TILL 12/1994 PARTNER, SCREEN PRINTING SAGUARO SCREEN PRINT 1076 ARIZONA AVE. COOLIDGE, AZ 85228 d 1 0 r ra Q Cire N w H r cz co Richard Eugene Floyd Answers to questions 11,12,14 1965 = Assault- domestic, 1970 Petty Larceny, 1983 Disturbing the Peace, 1989 Disturbing the Peace, 1990 City of Mesa(Fire Marshall/Blocking aisleway in restaurant. (Fined)). Drivers license not revoked or suspended. No alcohol related driving violations. NUMBER OF LOCATIONS Yl OPERATING DURING VIOLATIONS (ap YEARS PERIOD: (approx.) Richard E. Floyd 1976-1982 -Cardo's Pizza Pickerington,Ohio None Answer to #16 1983-1984 -260 W.Main Street—Mesa None CURRENT LIQUOR LICENSES IN -University Dr.-Tempe None OPERATION: 1984-1985 -260 W.Main St. Mesa None -University Dr.-Tempe None 1. Riccardos Pizza and Spirits Partner/Owner -725 N.Gilbert Rd.—Gilbert None 725 N Gilbert Road Gilbert,AZ 85234 1986-1987 -725 N.Gilbert Rd.-Gilbert (a) 1986 * -260 W.Main St.-Mesa None 2. Draft House Sports Café Officer/Owner 35% -6310 S.Price—Tempe None 393 W.Warner -7520 S.Rural—Tempe (b)1987 Chandler,AZ 85224 1988-1989 -725 N.Gilbert-Gilbert (d)1989 PREVIOUS LIQUOR LICENSES HELD -6310 S.Price-Tempe None -7520 Rural Rd.-Tempe None 3. Cardo's Pizza Owner Tower Plaza 0 1990-1991 -725 N.Gilbert Rd-Gilbert None Pickerington,Ohio a -1076 Arizona Blvd.-Coolidge None -315 Southern Ave.-Mesa (a)1990 4. Oak Barrel Restaurant Officer/Owner r t 260 W.Main Street r 1992-1993 725 N Gilbert Rd.-Gilbert None Mesa,Arizona 85201 '+ A -315 Southern-Mesa (c)1992 1„r -1076 Arizona Blvd.—Coolidge (e,f,k)1992 5. Riccardo's Pizza General Partner/Owner W CI University Drive 195 -725 N.Gilbert Rd.-Gilbert (g)1995 ** Tempe, Arizona -315 Southern Ave.-Mesa None us -393 W.Warner -Chandler (e)1995 6. Riccardo's Pizza General Partner/Owner -1076 Arizona Blvd.-Coolidge None 6310 S.Price Road Tempe,Arizona 1996-1997 -725 N.Gilbert Rd.-Gilbert (a,e,Lf,h)1996*** -315 Southern Ave.-Mesa (c,e)1997 -393 W.Warner-Chandler (j)1997**** 7. Riccardo's Pizza Restaurant General Partner/Owner 7520 S.Rural Road 1998 -725 N.Gilbert Rd.-Gilbert None Tempe,Arizona -315 Southern -Mesa (a) -393 W.Warner-Chandler (a) 8. Draft House Sports Café Too General Partner/Owner 315 E. Southern Ave. 1999 -725 N.Gilbert-Gilbert None Mesa,AZ 85201 -393 W.Warner—Chandler (1) 9. Riccardo's Pizza and Spirits General Partner/Owner 1076 Arizona Blvd. Coolidge,Arizona a Furnish alcohol to underage person b Non-employee on premises w/front door unlocked c Failure to Protect Patron d After hours consumption by an employee e Underage person on premises w/o parent,guardian or spouse *1986 Voluntarily took(3)day suspension in our Pizza shop in lieu of paying a f Failure to report ad of violence fine. g Violation of entertainer clothing requirement,simulated sex ads **1995 Male Revue Dancers been at establishment a few weeks. Fired h Selling Liquor to intoxicated person immediately. i Failure to request ID from underage person ***1996/97 725 N.Gilbert Rd.,took steps to improve management, policies and j Unlawful gambling procedures k Employee consuming liquor while on duty ****1997-Chandler-Unlawful gambling. Vendor placed his Video Poker machine 1 Intoxicated person on premises in our establishment. We offered sandwich and fries if you got a certain score. Three other alleged violations(1986,89,92)were dismissed by the liquor department as unvalid. itillille best of my knowledge, memory and records, the above information, covering 23 years of my life,is accurate. I will be happy to answer any questions of the information provided. ARIZONA DEE__4TMENT OF LIQUOR LICEN. JS & CONTROL wig:°a 800 W Washington 5th Floor �.A�. 400 W Congress#150 (Iiw ip ram` ;M Tucson AZ 85701 Phoenix AZ 85007 ��, _,: (602) 542-5141 ,,�>j� (520) 628-6595 }\v.w � L P, rik b wsY + ', S.H4�� 7,7 l\ ,.\.\ i • ti a \ wvA. `)i7,..'.'''z`1• 1 1• \ - " i,,kv\� 1.;AO .R* „ yaag. i a < '`' � < r'? � wo` , �� `i 1 g',. s � •••, „.. �� �.. .�.6:., a a.� . -. , .:!e .\ , a ,�. .r+ �<��uo OBTAIN ORIGINALS OF THIS FORM FROM DILC-DO NOT PHOTOCOPY,DOCUMENT to COMPUTER SCANNED. TYPE OR PRINT'MTH BLACK INK. ,u`@ui i R ,,,,,,,,r4.t.....+. r,a4! .s,,,;,a6' .,k,. nII4r... k a ,i.. �v�ia., 44 t C, CA .lVriV, � �\ oN ndividual ame(Pr t) '1"-7?/- .4.4.'((21(-1:1' -?. fndivi.-- .i.nature lili TYPE OF TRAINING COMPLETED ra< 1.3 �� © ) c' BASIC ON SALE,. G ate Training Completed tr r l MANAGEMENT ❑ OFF SALE .to c ® BOTH ❑ OTHER a, IF TRAINEE IS EMPLOYED BY A LICENSEE: , CrCEY,A0 \ON,A .r1{\C I" 0 t CP, 1 Ct `- taa NAME OF THE LICENSEE BUSINESS NAME LIQ R LI ENSE N UO BER Business Council for Alcohol Education (B.C.A.E.) co Company or Individual Name 500 East Thors Road # 100 Aaoress Phoenix Arizona 85012 (602) 285 1396 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). T. J. Kuhn ) Trainer Name(Print) ja_ 1 ©ei ral r gnature - Date neral Orlalnsl of fompleted form li trainee. photocopy and maintain completed doc_Ument for Your records. Mandatory Liquor Law Training for all new applications submitted after Nov.1,1997. A.R.S.Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the Issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training,(either on-sale or off-sale),will include all of the following: owner(s),L Iicensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. 'roof of attendance within the last five years for the required courses must be submitted to the Department before the license application Is considered mpiete. r eo Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license,proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will be required. Lx;1021 01/98 Disabled individuals requiring special accommodations please call(602)542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL �yi;i[yr,- �` ���, 400 W Congress ss 4150 300 W Washington 5th Floor � ,. ��1� Phoenix AZ 85007-2934 T� .--�t] 4-�jv Tucson AZ 85701-1352 (tar (602) 542-5141 ;i'S' (520) 628-6595 QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT"TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK 1. Check appropriate 1 Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,10a&21) R.( Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 I a. Name: `Y° ��I1'�`X f Date of Birth:,, -I 9_`Il 9 Last / First Middle 2. Name of Licensed Premises: ' `1 r `V R e3 -Tap Fc't)'c Premises Phone: (f 100 00 1-h i c DA 1 Lam/.I OA/-t- ' Ad �/ c-� Tr 3. Licensed Premises Address: . le'gA g 1—? ( rKi 1 e -+-►')/5 i�/'I4 . 0 6 +6'" Liquor Licerre# Street Address (Do not use PO Box#) City County Zip (If this location is currently.Up:wed) trio 4. Drivers license#: 7Q :.,7(f71 - State / 2- Residence Phone:(/ '7— - .`a �J 0010 Nr-Ieight:'-J / / Weight: /0 Eyes: /3L.-LI Hair: AC %2'ie Place of Birth: /Y1 t;?o;j ) fo // City vD State 5. Name of Spouse: Il O i?,ei11I E1� en e Date of Birth: /�- —Y6 Last I First Middle Maiden 6. You are a bona fide resident of what state? yes. ""•Az- If Arizona,date of residency: 4,1,1 /9,t 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) /���/Q� 1T/1CsURRENT�'1A� �y[�yam' p e{•Y f Yam.l"%cc' er R/;cscet/r►/d/ P;ll.2z#4 4--�SP tr/VS: ,r'. x�/.G,�r/f�qj 1/e3 1 kE AJ i\/,.r V ti r /1.& �...! `/.9 /•, &- fberi- 1 t .lJ ;Me it i/o- rJ sccli/sWc h/Dcz„ 3.590 P4A Fr He L5t €paers Ca-re.... S III/993 euri'iit ifrL' �lety), ' .3(8 I a i\rn Cha nt'hant'1er, A-z 8'v :� iC /9�9 Owe tie n►I erg, ? situ° lia e D!M Cr'#c1os_ p,e15( ,re ,-3, E.5`i+� h,�rn,1Y1e"s•r / %0 / 4/1 f7 T i'Fa, -P'STR'f/ n�IC l ovie, lttLl t RzTAt 5piri1(s-p074 i4Aizeilo B%Vc�r (ATTACH ADDITIONAL SHEET IF NECESSARY) T ecJC S'C ,, AZ E.c 7 � asi 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip ii/19/t CI .y'4/ g rcma l'n 14,,�, C ; rhea- - AL e i 439 ,0. EAPPr°-99 to;!i be / �f %re vl c 14 iVI S It a, Y5)0' 5., uc 0101 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 C SANDRA L. FLOYD ADDITIONAL QUESTION #8 3/1992 TILL 12/1994 PARTNER, SCREEN PRINTING SAGUARO SCREEN PRINT 1076 ARIZONA AVE, COOLIDGE, AZ 85228 4 4 N �, ea : .v , r A - r --V C) c0 00 L Sandra Lee Floyd Answers to questions 11,12,14 1990=City of Mesa—During first six months of issuance of license, only three months of which we were operational, did not maintain 40% food sales. FINDINGS: On probation for one year. We passed all City of Mesa's audits thereafter. Received no concurrent violations. 1998—Reckless driving—fined and eight hours of school. Drivers licy. ,e never revoked or suspended. NUMBER OF LOCATIONS YEARS; OPERATING DURING VIOLATIONS (approx.) YEARS PERIOD: (approx.) Sandra L. Floyd 1979-1982 -Cardo's Pizza Pickerington,Ohio None Answer to #16 1983-1984 -260 W.Main Street—Mesa None CURRENT LIQUOR LICENSES IN -University Dr.-Tempe None OPERATION: 1984-1985 -260 W.Main St. Mesa None -University Dr.-Tempe None 1. Riccardos Pizza and Spirits Partner/Owner -725 N.Gilbert Rd.—Gilbert None 725 N Gilbert Road Gilbert,AZ 85234 1986-1987 -725 N.Gilbert Rd.-Gilbert (a) 1986 * -260 W.Main St.-Mesa None 2. Draft House Sports Café Officer/Owner 35% -6310 S.Price—Tempe None 393 W.Warner -7520 S.Rural—Tempe (b)1987 Chandler,AZ 85224 1988-1989 -725 N.Gilbert-Gilbert (d)1989 PREVIOUS LIQUOR LICENSES HELD -6310 S.Price-Tempe None -7520 Rural Rd.-Tempe None 3. Cardo's Pizza Spouse of Owner Tower Plaza 1990-1991 -725 N.Gilbert Rd-Gilbert None Pickerington,Ohio -1076 Arizona Blvd.-Coolidge None y -315 Southern Ave:Mesa (a)1990 4. Oak Banel Restaurant Officer/Owner ta..1 260 W.Main Street i 1992-1993 725 N Gilbert Rd.-Gilbert None Mesa,Arizona 85201 P -315 Southern-Mesa (c)1992 f 1076 Arizona Blvd.—Coolidge (e,f,k)1992 5. Riccardo's Pizza General Partner/Owner University Drive 1999 5 725 N.Gilbert Rd.-Gilbert (g)1995 ** Tempe, Arizona -315 Southern Ave.-Mesa None • -393 W.Warner -Chandler (e)1995 6. Riccardo's Pizza General Partner/Owner -1076 Arizona Blvd.-Coolidge None 6310 S.Price Road Tempe,Arizona 1996-1997 -725 N.Gilbert Rd.-Gilbert (a,e,l,f h)1996*** -315 Southern Ave.-Mesa (c,e)1997 -393 W.Warner-Chandler (j)1997**** 7. Riccardo's Pizza Restaurant General Partner/Owner 7520 S.Rural Road 1998 -725 N.Gilbert Rd.-Gilbert None Tempe,Arizona -315 Southern -Mesa (a) -393 W.Warner-Chandler (a) 8. Draft House Sports Café Too General Partner/Owner 315 E. Southern Ave. 1999 -725 N.Gilbert -Gilbert None Mesa,AZ 85201 -393 W.Warner—Chandler (I) 9. Riccardo's Pizza and Spirits General Partner/Owner 1076 Arizona Blvd. Coolidge,Arizona a Furnish alcohol to underage person b Non-employee on premises w/front door unlocked • Failure to Protect Patron d After hours consumption by an employee ., Underage person on premises w/o parent,guardian or spouse *1986 Voluntarily took(3)day suspension in our Pizza shop in lieu of paying a f Failure to report act of violence fine. Violation of entertainer clothing requirement,simulated sex acts **1995 Male Revue Dancers been at establishment a few weeks. Fired h Selling Liquor to intoxicated person immediately. i Failure to request ID from underage person ***1996/97 725 N.Gilbert Rd.,took steps to improve management, policies and i Unlawful gambling procedures k Employee consuming liquor while on duty ****1997-Chandler-Unlawful gambling. Vendor placed his Video Poker machine 1 Intoxicated person on premises in our establishment. We offered sandwich and fries if you got a certain score. rco, her alleged violations(1986,89,92)were dismissed by the liquor department as unvalid. To the best of my knowledge, memory and records, the above information, covering 20 years of my life, is accurate. I will be happy to answer any questions of the information provided. 7/ ARIZONA DEPJ TMENT OF LIQUOR LICENL .S & CONTROL rs,f,„, 800 W Washington 5th Floor !'��' 400 W Congress#150 �' °► Tucson AZ 85701 Phoenix AZ 85007 c (602) 542-5141 +a,j} (520) 628-6595 a7`'W-7 /'"c8'l �� s t5�� x ,, r 4 . + tIte 4 afi € 17 ; .ia'1-17^. ZETSc iy .' 4 �e zy <.- • r a ? y k s •h ; y� ,, F 6 .: 4F a k �Js 1'& a,,i',,i', a, ��afak a � l-r 6 .✓. � x 'c ^,� t s +� 4 WP' t�"-� � '' a 4 ��p a i ;'' r{ u'a a6ox�. r t"Fq'U ,�. a �1 Y a� A. a, li bkiw.vviA "a2:w4,.Lsatsia»�21i' ar:. x<a t - k' , t'='klil:ii....A ,,, ,,ALI:,,:,.., , ,„..:.> .,a ,, < .ac,� -,;L:„..zi OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY DOCUMENT IS COMPUTER SCANNED. TYPE OR PtiNT WITH BLACK INK V i,:2: i 3. ,y J �. 'ryt�i. kre�M - .s .ju'9t Qr) cra A . Flo y d nn�� ndividual Name(Print) c-1_,17/----------- Individual Signature TYPE OF TRAINING COMPLETED 1 P© ) c:ta fx BASIC Es ON SALE Date Training Eompieted MANAGEMENT ❑ OFF SALE rx BOTH ❑ OTHER IF TRAIN IS EMPLOYED BY A LICENSEE: 3Q� Pi rt L � a .4 icrardoS `Zza w-_Atrl-k LNAME OF THE LICENSEE BUSINESS NAME 1 LIQUOR LI SE NUMBER : •: nkv k.4.sxw ^f'v.'WA a x,.is1}14cat �... 8g it 4N a r-J P Co t11* - N w' mil~" Business Council for Alcohol Education (B.C.A.E.) r-Silk pa A Company or individual Name .�oCar c coo 3 500 East Thomas Road # 100 ' Address Phoenix Arizona 85012 (602) 285 1396 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). T. J. Kuhn ^ Trainer Name(Print) ` )O O 1 q?" rai gnature Date Merl orlatnal of completed l&rm to trainee. ehotocouv and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov.1,1997. A.R.S.Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training,(either on-sale or off-sale),will include all of the following: nwner(s),licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TODAY OPERATION OF THE BUSINESS. foof of attendance within the last five years for the required courses must be submitted to the Department before the license application Is considered mpiete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license,proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will be required. uc 1021 01/98 Disabled individuals requiring special accommodations please call(602)542-9051 (0, November 10, 1999 Richard and Sandra Floyd dba/Parkview Tap House 16828 E.Parkview Unit B&C Fountain Hills,Az. 85268 Honorable Mayor Morgan and Councilmembers, On November 15, 1999 Council meeting,our#7 Beer and Wine Liquor License will come before the Council for a vote. At this time,we desire to address some questions you may have or any concerns about the proposed Parkview Tap House and its Proprietors. We have purchased two newly built suites located at 16828 E.Parkview,which is currently in escrow. These suites have a square footage of 2890 square feet. Our establishment will be upscale;with southwestern decor, with an atmosphere to compliment the Town of Fountain Hills. This establishment will have a sports oriented theme,offering residents in the community a place to socially gather,eat and enjoy their favorite teams on big screen television. The establishment will open at 11 a.m. daily with an emphasis on food,with a varied menu of fingerfoods,burger, salads,pizza and Prime Rib Saturday evenings. As the business name states, "Tap House"we are going to specialize in Micro brew beer on tap. We are currently doing"our homework" and will obtain the "best"from within the State to put on our taps as well cr, as the favorite domestic beers;also, domestic,premium and imported bottled beer will be offered. An extensive wine list will be available for the wine connoisseur. This establishment will be a"hands on operation"with the owners managing and personally operating the business. The current establishments that we now own are Riccardo's Pizza Restaurant,which our son manages, and the Draft House,which our partner manages, which allows us to devote all our time and energy into the Parkview Tap House. We have a span of twenty-three years and nine separate businesses, being responsible for 59 years worth of Liquor Licenses(multiple locations operating at one time with Liquor Licenses). We have had violations during this span for which we were fined. The majority dealt with underage persons. This is a huge problem to control when you have a"young clientele" in a busy and large establishments and so many fake ID's. We took steps to correct the problem,all Managers and all employee's are required to attend Alcohol Training School endorsed by the Liquor Department so there are no excuses for accepting fake ID's and ignorance of the laws and regulations relating to alcohol beverages. We have even taken one step further with these young people, if we question their ID,we have a video camera which we video them with their ID and sign a Liquor Book. Since early 1998 this problem has ceased. Also, if we doubt that a minor is on the premises and not with their parent, spouse, or guardian(but,with grandparent, aunt,brother etc. which is unlawful)they have to leave the premises. The Parkview Tap House will be an upscale establishment, geared towards an older, higher caliber of clientele which underage on premises will not be a problem. In closing,we would just like to say we have fell in love with Fountain Hills. We just bought a house in this beautiful town and look forward to opening an establishment that the town will be proud of and that the community will enjoy. Personally,we are looking forward to meeting the residents and making new friendships and being involved in the community. If you have any questions, please contact us at home at 836-7367. f4iiw Sincerely, ECG�� RESOLUTION NO. 1999-55 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DESIGNATING THE ELECTION DATE AND PURPOSE OF ELECTION; DESIGNATING THE DEADLINE FOR VOTER REGISTRATION; AND DESIGNATING THE PLACE AND THE LAST DATE FOR CANDIDATES TO FILE NOMINATION PAPERS. BE IT RESOLVED, by the Mayor and Common Council of the Town of Fountain Hills, Arizona, as follows: Section 1.Designation of Election Date; Purpose That March 14, 2000 has been set as the time for holding the Primary Election in the Town of Fountain Hills for the purpose of nominating candidates for the offices of councilmember and mayor whose names shall appear on the ballot at the General Election to be held on May 16, 2000. Any candidate receiving a majority of all the votes cast at the Primary Election will be declared elected without running at the General Election. Section 2.Designating Deadline for Voter Registration County registration and voting lists will be used for the municipal election. In order to be qualified to vote at the Primary Election, you must be registered by February 14,2000. Section 3.Designating Date and Place to File Candidate Nomination Form Candidates seeking municipal office may obtain nomination papers and other materials which must be filed by candidates at the Fountain Hills Town Hall beginning November 15, 1999. Candidates must file nomination papers and other nominating forms by 5:00 p.m. on December 15, 1999 at the Fountain Hills Town Hall in order for their names to appear on the Primary Election ballot. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 18th day of November, 1999. APPROVED AS TO FORM- -"(-47.7 4-tre William E.Farrell,Attorney Sharon Morgan,Mayor REVI ED •> ,, / ATTEST TO: //, e,tt,A4ALO IL Paul L.Nordin,Town Manager Cassie B. Hansen,Town C N SECOND COUNT 7- Chron 281 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Council FROM: I - er/Tom Ward/4;1;1,1-- ogb* THROUGH: P: ,i v r t n DATE: Nove l ber 11, 1999 RE: Participation Agreement for FireRock Country Club Shea Blvd/Fountain Hills Blvd Traffic Signal Modification The future development of FireRock Country Club has required various street improvements at the Fountain Hills Blvd and Shea Blvd intersection. The future improved intersection will now include additional traffic lanes and turning movements. For example, there will be two left turn lanes, two through lanes, and one right turn deceleration lane on the eastbound south side of Shea Blvd west of Fountain Hills Blvd. The proposed FireRock Country Club Drive (east side) will consist of three lanes: a right turn lane, one through lane (northbound), and a left turn lane (westbound). The proposed street widening, lane additions, and the new fourth leg of the intersection results in significant traffic volume changes and turning movement modifications. These modifications to the traffic signal will assure safe traffic patterns at the intersection. FireRock LLC has agreed to participate with the Town in paying their portion of the traffic signal modifications. Their portion, as agreed to, is $98,825.10 (56.1%) and their bond amount will be for $100,000. The Town's portion of the traffic signal modification is $77,349.90 (43.9%). The contractor is Arizona Traffic Signal Company and they have been chosen jointly by the Town and FireRock LLC. They are scheduled to start in the near future with completion by late December 1999. Staff recommends approval of the Participation Agreement. bb att. FireRock PA.doc Town of Fountain Hills Memorandum DATE: November 12, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Director THROUGH: Paul L. Nordin,Town Manager SUBJECT: La Loma 2 Condominiums Eagle Mountain Investors,LLC is the applicant for this 22-unit recondominiumization of a portion of the La Loma Condominiums located in Eagle Mountain. The Planning Commission will make their recommendation to you at their special meeting on November 16, 1999. If that recommendation is anything other than one of approval, staff will remove this item from the Council's consent agenda. Please see the staff report for a full review of the project. Staff recommends approval of the final plat, Case Number S99-038, with the stipulation listed in the staff report. L L TOWN OF FOUNTAIN HILLS STAFF REPORT NOVEMBER 10,1999 CASE NO.: S99-038 LOCATION: Eagle Mountain Parcel 15, aka La Loma Condominiums, located northeast of Eagle Mountain Parkway,east of the Eagle Mountain Golf Course driving range. REQUEST: Consideration of the Preliminary and Final Replat of La Loma 2 at Eagle Mountain Condominiums. DESCRIPTION: OWNER: Eagle Mountain Investors L.L.C. APPLICANT:Eagle Mountain Investors L.L.C. EXISTING ZONING: "R-3" PARCEL SIZE: 22.195 Acres PROPOSED NUMBER OF UNITS: 17 SURROUNDING LAND USES AND ZONING: NORTH: Unplatted land within the Firerock Country Club development, zoned "R1-18 PUD." SOUTH: The Eagle Mountain Parcel 14 and 10/11 subdivisions zoned"R1-6A." EAST: Unplatted land within the Firerock Country Club development, zoned "R1-18 PUD." WEST: The Eagle Mountain Golf Course driving range,zoned"OSR." SUMMARY: This request by Eagle Mountain Investors L.L.C. is for approval of a "shrink-wrap" replat of 17 existing land condominium units to their final airspace configurations. Last year the Planning Commission and the Town Council approved the La Loma at Eagle Mountain Condominium plat. This plat condominiumized 82 pieces of land. At that time the developer was unsure of the exact future unit types and their future exact locations within the subdivision. As was stipulated with that approval,no building permits would be issued units until secondary "shrink-wrap"replats of those individual airspaces occurred. The developer has now sold or committed to sell these 17 units, and the exact floorplans and building heights can now be exactly described. Recommendation Staff recommends approval of the preliminary and final replat for La Loma 2 at Eagle Mountain, Case Number S99-038,with the following stipulation: 1. 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T II ' 1 } 11c 11 11 a F� I Z ill .ti. I a'zc I I .106 00040 to 03410111, I- 1 IIII', ,l--.o- 1 z ,. il 1 U 1 1 E., or3s I I ill Il `I. Z I a II:III, 1 o`t^1 liI I IIi 11 Ri l F N 11 li III Zi a-sr t . +. � I I : :a 8v1 1 1 8' CO o 1' 3heS x3w0 1 1I a 18 I �a I; S'1 c ' a IIII� I ' 7 4.11 -1 Z' I11! II I o I 1 it rl 11 -„---.1 + 1 aAr g1 OVA IS b.JA 41101 , IS tt 8 fK1' . 3i- .0 apt.'rOnrOra,ZreW.rLlaStroei.OwrP.M>-TJ Law Offices of WILLIAM E. FARRELL, P.L.L.C. Telephone(480)661-6044 Suite 220 Facsimile(480)661-7454 William E.Farrell 10135 East Via Linda Scottsdale,Arizona 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: November 18, 1999 RE: Resolution 1999-57 Los Arcos IGA Status Report ,R On your agenda for consideration this evening is Resolution No. 1999-57 and a four-page Intergovernmental Agreement. As the resolution points out, one of the conditions for the formation of the Los Arcos Multipurpose Facilities District was the execution of an intergovernmental agreement between the Town of Fountain Hills and the District on or before August 1, 2000. The exact nature of the agreement was not spelled out,but it could include matters of a financial nature and, specifically, could include indemnification. As I have reported to you in the past, there is very little likelihood of litigation that would directly involve the Town of Fountain Hills. The intergovernmental agreement, however, requires the District to obtain certain forms of liability insurance and to keep them in effect and have the Town of Fountain Hills named as an additional insured. You may recall that approximately two weeks before the election, a lawsuit was filed against both the District and the City of Scottsdale concerning election publicity. That lawsuit was unsuccessful and was dismissed by the Superior Court. The lawsuit did not name either the Town of Fountain of Hills or the Town of Guadalupe. That does not mean that future litigation might not include the two towns; however, again it is not likely that such litigation would occur, nor that any damages would be assessed against the Town even if a post-election challenge was filed and was successful. Nonetheless, the District will maintain in full force and effect insurance policies that will cover against liability and directors' errors and omissions. Memorandum November 18, 1999 Page 2 The IGA also provides for the reimbursement of any costs incurred in connection with our assistance to the District in the conduct of the November 2, 1999 election. Once those costs have been determined by our Town Clerk, they will be forwarded to the District for reimbursement under the terms and conditions of this agreement. It is very likely that a second intergovernmental agreement will be needed at some point in the near future when other matters of interest to the Town of Fountain Hills come before the Board of the District. Staff has reviewed the intergovernmental agreement and finds it to be in proper legal form and would urge its passage and adoption by the Mayor and Counsel. As always, we will be most happy to answer any questions you may have regarding this resolution. The agenda item for this evening's meeting also includes a status report on the actions of the District following the successful election of November 2, 1999. At the time of the writing of this memorandum, the details are very, very sketchy; however, every effort will be made to give you as complete, thorough and updated information on the evening of the Council meeting as is possible. No action will be requested by the Council regarding that update. fkiir Respectfully submitted, William E. Farrell Town Attorney WEF:pf L 1999-57MEM.docz\wpDATA\FH\REs\1999-57MEM.wpd L RESOLUTION 1999-57 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AUTHORIZING AND DIRECTING THE APPROPRIATE OFFICIALS TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWNS OF FOUNTAIN HILLS AND GUADALUPE AND THE LOS ARCOS MULTIPURPOSE FACILITIES DISTRICT REGARDING FINANCIAL AND INDEMNIFICATION MATTERS. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That on May 20, 1999 the Mayor and Council adopted Resolution 1999-24 authorizing the organization of the Los Arcos Multipurpose Facilities District. Section 2. That Section 3.B. of Resolution 1999-24 required that on or before August 1, 2000 the Board of Directors of the Los Arcos Multipurpose Facilities District shall have prepared and offered to the Town Council for consideration an Intergovernmental Agreement regarding those matters of particular interest to the Town of Fountain Hills including, without limitation, any and all financing mechanisms and/or other matters of a financial nature deemed appropriate by either body. Section 3. That attached hereto is an Intergovernmental Agreement by and between the Los Arcos Multipurpose Facilities District and the Towns of Fountain Hills and Guadalupe. The agreement sets forth the obligations of the District to the Towns regarding payment for the recent election and the indemnification for liability. The adoption of this resolution authorizes the Mayor, Town Clerk, and Town Attorney to execute the Intergovernmental Agreement, and further directs the Town Clerk to provide certified copies of this resolution after its passage to the Los Arcos Multipurpose Facilities District and the Town of Guadalupe. Resolution 1999-57 �r PASS FAIL - Ct C1 • ION Yh v... SECOND i i COUNT 7- PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills,Arizona,this 18th day of November, 1999. FOR THE TOWN OF FO TAIN HILLS: ATTESTED TO: )4Z-AAA-4"--) haron Morgan, Mayor Cassie B. Hansen,Town Clerk REVIEWED BY: APPROVED AS TO FORM: aut t. No in, Town Manager William E. Farrell, Town Attorney Lor Resolution 1999-57 2 L INTERGOVERNMENTAL AGREEMENT This agreement made and entered into this day of between the City of Scottsdale, a municipal corporation of the State of Arizona, here99 and after referred to as"Scottsdale"and the Town of Fountain Hills,a municipal Corporation of the State of Arizona, here and after referred to as "Fountain Hills" and the Town of Guadalupe, a municipal corporation ofthe State ofArizona,here and after referred to as"Guadalupe";all collectively known as the "Parties". WHEREAS,Scottsdale,Fountain Hills and Guadalupe by resolutions oftheir Council's have authorized the formation of the Los Arcos Multipurpose Facilities District pursuant to A.R.S. §48- 4202; and WHEREAS, the Parties have caused or will cause an election to be held on November 2nd, 1999 to determine whether or not the voters of the District will authorize certain funding in connection with the Los Arcos Multipurpose Facilities District Project; and WHEREAS, as a condition of the participation of Fountain Hills and Guadalupe in the Itar creation of the District there is a requirement of an intergovernmental agreement with Scottsdale regarding costs and indemnification; NOW THEREFORE, the parties agree as follows: 1• That the purpose of this intergovernmental agreement is to identify and define the obligations of Scottsdale to pay costs incurred by Fountain Hills and Guadalupe associated with the holding of an election on November 2"d, 1999 to the extent that the Los Arcos Multipurpose Facilities District does not pay those costs:and to define the obligation of Scottsdale to indemnify and hold harmless Fountain Hills and Guadalupe from any liability associated with actions of the District,to the extent that the District does not so indemnify or insure. 2• The Parties desire to jointly exercise common powers and/or to enter into an agreement for cooperative action pursuant to the power to enter into these agreements as set forth in the respective charter and codes of the Parties and pursuant to the authority in A.R.S. § 11-952. 3. This agreement shall become effective upon its approval and execution by the Parties and once that has occurred this agreement shall be recorded in the office of the Maricopa County Recorder with a copy to be distributed to the Clerk of the Parties. Page 1 of 5 4. This agreement shall remain in effect so long as Fountain Hills and Guadalupe are members of the Los Arcos Multipurpose Facilities District unless terminated as follows: a. Automatic termination should the District sunset under the resolution of the parties creating the District; or b. Termination of the Agreement by Fountain Hills or Guadalupe council action. In the event, however, this Agreement terminates due to the action of only Guadalupe or only Fountain Hills, the Agreement shall continue in full force and effect as between Scottsdale and the Town that did not terminate the Agreement. 5. Termination of this Agreement shall not relieve Scottsdale of its indemnification obligations under this Agreement. 6. Budgeting for and financing of a party's financial obligations, if any, in this Agreement shall be the separate and independent responsibility of each party. Fountain Hills and Guadalupe currently have no financial obligation with respect to this Agreement, and any future financial obligation shall be set forth in a separate written agreement. 7. Scottsdale agrees to reimburse Fountain Hills and Guadalupe for all costs related to the holding of the District election scheduled for November 2"d, 1999 to the extent that all costs have not been paid to Fountain Hills and Guadalupe by the District within thirty(30)days following the election. The reimbursement of costs shall not include any salaries of Fountain Hills or Guadalupe personnel and shall be limited to those costs billed to either Fountain Hills or Guadalupe by any other governmental agency or private corporation that provides goods or services necessary for the conduct of the election. 8. Should Scottsdale, after presentation of a request for payment by Fountain Hills or Guadalupe, for any reason wish to discuss the amount of the invoice or the failure of the District to pay said request for payment, the Managers of the respective communities shall meet and confer and attempt to resolve any dispute. Should any dispute fail to be resolved within a sixty(60)day period following the first meeting of the Managers then the Parties shall submit this matter to their respective councils for further action. 9. Scottsdale agrees to defend, indemnify and hold harmless Fountain Hills and Guadalupe,their agents,representatives,officers,directors,officials and employees from and against all costs, claims and lawsuits pertaining to the holding of the District election on November 2"d, 1999. Page 2 of 5 10. Scottsdale shall jointly or severely defend, indemnify and hold harmless Fountain Hills and Guadalupe, their agents, representatives, officers, directors, officials and employees from and against all claims,damages,losses and expenses(including but not limited to attorneys fees, courts costs and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from Fountain Hills and Guadalupe's participation in the District. This indemnification shall be considered as a broad indemnification for any and all events connected with any action by the District and is in addition to and coexistent with any obligation that the District may independently agree to with the Fountain Hills and Guadalupe. The indemnification shall survive this Intergovernmental Agreement and is not contingent upon the procurement of any insurance by Scottsdale. 11. Scottsdale agrees to obtain and maintain during the term of this agreement, and for six(6)years thereafter such director's liability insurance and public official's error and omission insurance coverage as well as general liability insurance in amounts of no less than Two Million ($2,000,000) Dollars naming Fountain Hills and Guadalupe as additional insured. Fountain Hills and Guadalupe understand and agree that Scottsdale may provide this coverage through its self insurance program and that this agreement does not require or necessitate the purchase of insurance. 12. In the event of any violation or threatened violation by any party to this Agreement of any of the terms or conditions of this Agreement,the other parties shall be entitled to full and adequate relief by injunction and all other legal and equitable remedies. ,,, 13. That the Parties shall authorize the execution of this agreement by resolution ordinance or otherwise and that a copy of such authorization shall be attached to the Agreement. 14. This Agreement may be canceled by any of the parties pursuant to the provisions of A.R.S. § 38-511. 15. The Parties hereto shall not assign, in whole or part, any of the obligations contain herein without the expressed written approval of all other parties. 16. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by First Class mail as follows: SCOTTSDALE: City Clerk City of Scottsdale 3939 Civic Center Blvd. Scottsdale, AZ 85251 Page 3 of 5 FOUNTAIN HILLS: Town Clerk Town of Fountain Hills 16836 E. Palisades, Building C. Fountain Hills,AZ 85268 GUADALUPE: Town Clerk Town of Guadalupe 9050 S. Avenida del Yaqui Guadalupe, AZ 85283 17 This Agreement constitutes the entire agreement among the Parties pertaining to the subject matter hereof and shall not be changed or added to except in writing signed by all Parties. All prior and contemporaneous agreements, representations and understandings of the Parties, oral or written,pertaining to the subject matter herein are hereby superceded and merged herein. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective on the date of execution by the last party. CITY OF SCOTTSDALE: TOWN 0 FOUNTAIN HILLS: By: Sam Kathryn Campana, Mayor By: �. Sharon Morgan, M or Attest: Attes • Sonia Robertson, City Clerk Cassie Hansen, Town Clerk TOWN OF GUADALUPE: By: Frances C. Osuna, Mayor Attest: RoseMary Arellano, Town Clerk Page 4 of 5 DETERMINATION OF LEGAL COUNSEL The foregoing Agreement has been reviewed bythe u determined, pursuant to A.R.S. undersigned attorneys who have dauthorityerm § 11-952.D. that it is in proper form and within the power and granted under the laws of the State of Arizona to the respective parties they represent.: SCOTTSDALE CITY ATTORNEY, FOUNTAIN HILLS TOWN ATTORNEY: G,.„1 Date: -k� 9 GUADALUPE TOWN ATTORNEY: Date: L Page 5 of 5 LAMFD NO. coy GUADALUPE NO. FOUNTAIN HILLS NO. INTERGOVERNMENTAL AGREEMENT This agreement made and entered into this day of , 1999 by and between the Los Arcos Multipurpose Facilities District, a municipal corporation of the State of Arizona, hereinafter referred to as "District" and the Town of Fountain Hills, a municipal corporation of the State of Arizona, here and after referred to as "Fountain Hills" and the Town of Guadalupe, a municipal corporation of the State of Arizona, hereinafter referred to as "Guadalupe;" all collectively known as the "Parties." 1. The Parties desire to jointly exercise common powers and/or to enter into an agreement for cooperative action pursuant to the power to enter into these agreements as provided by applicable law. 2. This Agreement shall become effective upon its approval and execution by the Parties and once that has occurred this agreement shall be recorded in the office of the Maricopa County Recorder with a copy to be distributed to the Clerk of the Parties. 3. This agreement shall remain in effect so long as Fountain Hills and Guadalupe are members of the District unless terminated as follows: a. Automatic termination should the District sunset under the resolution of the parties creating the District; or b. Termination of the Agreement by Fountain Hills or Guadalupe council action. In the event, however, this Agreement terminates due to the action of only Guadalupe or only Fountain Hills, the Agreement shall continue in full force and effect as between District and the Town that did not terminate the Agreement. 4. Termination of this Agreement shall not relieve District of its indemnification obligations under this Agreement. 5. Budgeting for and financing of a parry's financial obligations, if any, in this Agreement shall be the separate and independent responsibility of each party. Fountain Hills and Guadalupe currently have no financial obligations with respect to this Agreement, and any future financial obligation shall be set forth in a separate written agreement. 6. District confirms that it shall defend, indemnify and hold harmless Fountain Hills and Guadalupe, their agents, representatives, officers, directors, officials and employees from and against all costs, claims and lawsuits pertaining to the holding of the District election on November 2"d, 1999, except to the extent arising out of negligence or intentional misconduct of either Fountain Hills or Guadalupe. As part of the foregoing indemnification, District confirms that it shall reimburse Fountain Hills and Guadalupe for all costs related to the holding of the District election scheduled for November 2"d, 1999 within thirty (30) days following the election. The reimbursement of costs shall not include any salaries Page 1 of 4 A:\IGA-DISTRICT 2b.doc r of Fountain Hills or Guadalupe personnel and shall be limited to those costs billed to either Fountain Hills or Guadalupe by any other governmental agency or private corporation that provides goods or services necessary for the conduct of the election. 7. District confirms that it shall jointly and severely defend, indemnify and hold harmless Fountain Hills and Guadalupe, their agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorneys fees, court costs and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from Fountain Hills and Guadalupe's participation in the District, except to the extent arising out of the negligence or intentional misconduct of either Fountain Hills or Guadalupe. This indemnification shall be considered as a broad indemnification for any and all events connected with any action by the District and is in addition to and coexistent with any obligation that the District may independently agree to with the Fountain Hills and Guadalupe. The indemnification shall survive this Intergovernmental Agreement and is not contingent upon the procurement of any insurance by District. Fountain Hills and Guadalupe shall be jointly represented by separate counsel selected by Fountain Hills and Guadalupe and reasonably acceptable to District. 8. District confirms that it shall obtain and maintain during the term of this agreement, and for six (6) years thereafter, so long as the District survives as a legal entity, such director's liability insurance and public official's error and omission insurance coverage as well as general liability insurance in amounts of no less than Two Million ($2,000,000) Dollars naming Fountain Hills and Guadalupe as additional insured. Fountain Hills and Guadalupe understand and agree that District may provide this coverage through its self insurance program and that this agreement does not require or necessitate the purchase of insurance. 9. In the event of any violation or threatened violation by any party to this Agreement of any of the terms or conditions of this Agreement, the other parties shall be entitled to full and adequate relief by injunction and all other legal and equitable remedies. 10. That the Parties shall authorize the execution of this agreement by resolution ordinance or otherwise and that a copy of such authorization shall be attached to the Agreement. 11. This Agreement may be canceled by any of the parties pursuant to the provisions of A.R.S. § 38-511. 12. The Parties hereto shall not assign, in whole or part, any of the obligations contained herein without the expressed written approval of all other parties. 13. All notices or demands upon any party to this Agreement shall be in writing an shall be delivered to person or sent by First Class mail as follows: LOS ARCOS MULTIPURPOSE FACILITIES DISTRICT: 7506 E. Indian School Road Page 2of4 A:\IGA-DISTRICT 2b.doc Scottsdale, AZ 85251 FOUNTAIN HILLS: Town Clerk Town of Fountain Hills 16836 E. Palisades, Building C Fountain Hills, AZ 85268 GUADALUPE: Town Clerk Town of Guadalupe 9050 S. Avenida del Yaqui Guadalupe, AZ 85283 14. District will make no commitment for expenditures in excess of Three Hundred Thousand Dollars ($300,000.00) of funds, other than day-to-day business, until the District's member cities enter into acceptable agreements concerning the proposed Los Arcos project. 15. This Agreement constitutes the entire agreement among the Parties pertaining to the subject matter hereof and shall not be changed or added to except in writing signed by all Parties. All prior and contemporaneous agreements, representations and understandings of the Parties, oral or written, pertaining to the subject matter herein are hereby superseded and merged herein. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective on the date of execution by the last party LOS.A C U OSE J TOWN OFF UNTAIN HIL . FACILITIES rRICT: BY• d>f e lington, oar airman Sharon Morgan, May r to ..� / Attest: i -0 A"- CAS,,.1.3.c.c__ 61 1 --,-1,Aik4- ) Title: ur:e C'Q,,,.,,,a„, Cassie Hansen, Town Clerk TOWN OF GUADALUPE: BY: Frances C. Osuna, Mayor Attest: RoseMary Arellano, Town Clerk Ly DETERMINATION OF LEGAL COUNSEL Page 3 of 4 A:1IGA-DISTRICT 2b.doc • The foregoing Agreement has been reviewed by the undersigned attorneys who have determined, pursuant to A.R.S. § 11-952.D that it is in proper form and within the power and authority granted under the laws of the State of Arizona to the respective parties they represent. LOS ARCOS MULTIP RPOSE FOUNTAIN HILLS TOWN ATTORNEY: FACILITIES DISTRI : "Kjite:m Da r z Date: 1/-Id'- 9 9 GUADALUPE TOWN ATTORNEY: Date: cry Page 4 of 4 A:1IGA•DISTRICT 2b.doc Maricopa County Sheriff's Office Y2K Enforcement Bureau Overview Fountain Hills Overview * 10 deputies on duty ( 6 patrol deputies, 2 detectives, 1 sergeant, 1 lieutenant ) * Lake Patrol, SES Squad, and TOU will be assigned to the east valley * 1 Dispatcher assigned to each substation * Ham Radio Operator will be assigned to each substation * Provide a ride 2000 (602) 256-1000 Enforcement Bureau Overview * No vacations from December 27 to Jan. 5 * K-9, Aviation, Sheriff's Office Paramedics, Emergency Response Team will be staging at 5200 E. McDowell Rd. * All Districts will be double staffed * All deputies will be on call Communications Overview * All dispatchers will be working * Back-up cell phone system for 911 * Phone Technicians will be on stand by * Ham Radio Operators will be at each radio repeater site Jail Facility Overview *Maximum staffing * Bookings at Mesa Station * Double checking all released prisoners * Detention Booking Teams to respond to substation page 2 Fountain Hills Law Enforcement Y2K Priority * Promote Safety * Education * Plan Ahead * Use phone only in an emergency * Realize that power may go out and phone lines may be busy. This does not mean that Y2K is responsible. Do not panic. L L MEMORANDUM TO: Mayor and Town Council THROUGH: Paul L. Nordin, Town Manager FROM: Robin o an, Director Park & Rec eation Department DATE November 8, 1999 RE: Parks & Recreation Commission Approval and Support For Veteran's Memorial in Fountain Park Earlier this year, the Veterans of Foreign War (VFW) and the American Legion met with me and Commissioner Kavanagh to discuss a location at one of the parks for a Veteran's Memorial. It was determined that Fountain Park would be an appropriate park for this memorial. The Parks and Recreation Commission met on September 13, 1999 to discuss a specific location for the memorial in Fountain Park. The Commission approved a site just east of the pump yard wall. The reason why this site was selected is because is it a flat piece of land and is convenient to parking and the restroom control building. This site is also quite, close to activities in the park, and has a nice view of the fountain and Four Peaks. Attached is a site map of Fountain Park showing the location for the memorial site for which the Commission approved. We request consideration to approve this location in Fountain Park for a Veteran's Memorial. cc: Bob Dumas, VFW ciatir P&R Commission • Ww ►4rq� l OL_ -J m \,Jn D Q O 0 w0 a O. w 2 ,...9 § _ J w z wre v ! o (�i fl. O p. C? �• ° O b • O O Z 0 • �'e t( �� oo °E:O m= F .. tffl' '-a°4, �,4)l (rT 1 it, CO c\s ., .koT?..: Za . .. w ct Z _ J I- - i. . -7, . / .t). ‘ *qv), - • .. ce a.Z o �. f.r� • /) 'ems a c� O o �. ,'v 40;i C:2‘/I4 I I*,:71 4' 5 6 ir.2 2 ,,,,it x , �Oy Ii ///fox0, c3 ® ' o ,e• o•. �• 6 V (D ) 0 * c�• 0 A c: , ^ U • i ti UN Zi�U"Tiynl!!7 , \ < 4• S ' ram,J '— . - 'jig. , Z 0 c 1-1 Ckw sl I kow 1\-/ tecisare MEMORANDUM TO: Honorable Mayor and Town Council y FROM: Julie Ghetti THROUGH: Paul Nordin i RE: Tax Code Amendments DATE: November 12, 1999 Attached is a new set of amendments to the Fountain Hills local sales tax code that, if adopted, will become effective January 1, 2000. The amendments are designed to reflect recent changes in state law and make compliance with the tax code easier for businesses. The 1999 Tax Code Amendments are a combination of changes suggested by the Unified cere Audit Committee, a group of city auditors plus the Department of Revenue and the Arizona Tax Research Association. Final approval of the amendments occurred at a meeting of the Municipal Tax Code Commission on September 10, 1999 during the last day of the League Conference. None of the amendments are an increase in tax rates. A summary of the amendment provisions is attached for your reference. If you have any questions or would like further information please do not hesitate to see me. L RESOLUTION NO. 1999-54 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "THE 1999 AMENDMENTS TO THE TAX CODE OF THE TOWN OF FOUNTAIN HILLS.". BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA: THAT certain document entitled "THE 1999 AMENDMENTS TO THE TAX CODE OF THE TOWN OF FOUNTAIN HILLS", three copies of which are on file in the office of the Town clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town clerk. PASSED AND ADOPTED BY THE Mayor and Council of the Town of Fountain Hills, Arizona, this l �S day of►J0\)c rr bek, , 1999. 14 di r/1Mayor ATTEST: Cift)LIA1 \JAIAA11/ Town Clerk L APPROVED AS TO FORM: 7/7:' • C LR'ri Town Attorney Cor EkSy'FAIL J (- 1 - ` 5__ MOTION W1 SECOND rY1t1� COUNT -1 -u `WIF'I U�.� �ri1�, Transaction Privilege Tax S ` a Changes and News (taw L 1999 Model City Tax Code Amendments Construction Contracting The Municipal Tax Code Commission has approved the • Exempts the construction on real property for the following 1999 Amendments to the Model City Tax Code. commercial livestock,agricultural, horticultural,viticulture These amendments are currently before the various City or floricultural industries for the purposes of preventing, Councils for adoption. Most of the City/Town Councils plan for monitoring,controlling or reducing air,water or land adoption with an effective date of January 1,2000. pollution. Many of the amendments to the Model City Tax Code are • Allows and exemption for materials,without a formal exemptions and exclusions from transaction privilege tax. The agency agreement,when the contract is with a non-profit amendments predominately conform the Model City Tax Code entity,including non-profit hospitals. Previously a to State statute. The rest of the amendments are separate agency agreement had to be in place. administrative in nature. None of the amendments are an Retroactive to 1/1/99. increase in tax rates. ■ Exempts a contract for the installation,assembly,repair or Retail Sales and Use Tax •The following maintenance of clean rooms when the items are allowed exemptions/exclusions apply: under the retail classification. • Exempts equipment related to 4"Pipes&Valves such as • Exempts a contract for the construction of an compressor units,regulators, machinery&equipment, environmentally controlled facility for the raising of poultry fittings,seals and any other parts used in operating the for the production of eggs and the sorting or cooling and pipes or valves. packaging of the eggs for market. • Exempts from tax Alternative Fuel Vehicles—Retroactive • Allows a deduction for a contract for the installation of to 5/5/99. capital equipment that does not become a permanent or rr• Adds job printing to the exemption for liquid,solid or semi-permanent attachment to real property. gaseous chemicals. • Puts the language for allowable deductions currently in • Exempts machinery and equipment used in feeding and Section 418 in Section 416-Speculative builder and housing poultry,the environmental control of housing Section 417-Owner builder classifications and eliminates poultry,the movement of and cooling of eggs within a Section 418 from the Model Code. production/packaging facility. Transporting for Hire -The following exemptions/exclusions • Exempts machinery and equipment used to meet or apply: exceed the rules and regulations for environmental pollution control. • Exempts the transporting of freight or property for hire by • Exempts the initial purchase of Digital broadcasting a railroad operating exclusively within Arizona,provided equipment. that the transportation is a part of a single interstate Expands the definition of expendable materials to exclude shipment involving more than one railroad. • any of the categories of income producing capital Hotels and Rental of Real Property—Retroactive to 4/1/87 equipment. • Exempts from tax income derived from incarcerating or • Provides that Prepaid Calling Cards are taxable under the detaining prisoners who are in a privately operated prison, retail classification and not the telecommunications jail or detention facility. classification. Administrative and Judicial review • Exempts food sales to non-profit charitable institutions that Adopts the State language for shifting the burden of proof from regularly serve meals to the needy and indigent on a continuing basis at no cost. the Taxpayer to the City if a preponderance of evidence demonstrates that: (1)the taxpayer asserts a reasonable • Exempts pipeline compressor fuel. dispute regarding the issue (2)the taxpayer has fully cooperated with the tax collector regarding the issue, including IN THIS EbITION providing within a reasonable period of time,access to and LAodel City Tax Code Amendments inspection of all witnesses, information and documents within County Tax Changes - Mohave the taxpayers control (3)the taxpayer has kept and maintained records as required by the city. Penalty Abatement Page 1•2f r 1999 AMENDMENTS TO THE TAX CODE OF THE TOWN OF FOUNTAIN HILLS Section 1. Section 8A-110 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-110. Definitions: Income-producing capital equipment. (a) The following tangible personal property, other than items excluded in subsection (d) below, shall be deemed "income-producing capital equipment"for the purposes of this Chapter: (1) machinery or equipment used directly in manufacturing, processing, fabricating, job printing, refining or metallurgical operations. The terms "manufacturing", "processing", "fabricating", "job printing", "refining", and "metallurgical" as used in this paragraph refer to and include those operations commonly understood within their ordinary meaning. "Metallurgical operations" includes leaching, milling, precipitating, smelting and refining. (2) mining machinery, or equipment, used directly in the process of extracting ores or minerals from the earth for commercial purposes, including equipment required to prepare the materials for extraction and handling, loading or transporting such extracted material to the surface. "Mining" includes underground, surface and open pit operations for extracting ores and minerals. (3) Tangible personal property, sold to persons engaged in business classified under the telecommunications classification, consisting of central office switching equipment; switchboards; private branch exchange equipment; microwave radio equipment, and carrier equipment including optical fiber, coaxial cable, and other transmission media which are components of carrier systems. (4) machinery, equipment, or transmission lines used directly in producing or transmitting electrical power, but not including distribution. Transformers and control equipment used at transmission substation sites constitute equipment used in producing or transmitting electrical power. (5) pipes or valves four inches(4")in diameter or larger AND RELATED EQUIPMENT, used to transport oil, natural gas,artificial gas,water,or coal slurry. FOR THE PURPOSE OF THIS SECTION, RELATED EQUIPMENT INCLUDES: COMPRESSOR UNITS, REGULATORS, MACHINERY AND EQUIPMENT,FITTINGS,SEALS AND ANY OTHER PARTS THAT ARE USED IN OPERATING THE PIPES OR VALVES. (6) aircraft, navigational and communication instruments, and other accessories and related equipment sold to: (A) a person holding a federal certificate of public convenience and necessity or foreign air carrier permit for air transportation for use as or in conjunction with or becoming a part of aircraft to be used to transport persons, property or United States mail in intrastate, interstate or foreign commerce. (B) any foreign government for use by such government outside of this State. (C) persons who are not residents of this State and who will not use such property in this State other than in removing such property from this State. This subdivision also applies to corporations that are not incorporated in this State, regardless of maintaining a place of business in this State, if the principal corporate office is located outside this State and the property will not be used in this State other than in removing the property from this State. (7) machinery, tools, equipment and related supplies used or consumed directly in repairing, remodeling or maintaining aircraft, aircraft engines or aircraft component parts by or on behalf of a certificated or licensed carrier of persons or property. (8) railroad rolling stock, rails, ties and signal control equipment used directly to transport persons or property ' . (9) machinery or equipment used directly to drill for oil or gas or used directly in the process of extracting oil or gas from the earth for commercial purposes. (10) buses or other urban mass transit vehicles which are used directly to transport persons or property for hire or pursuant to a governmentally adopted and controlled 1 urban mass transportation program and which are sold to bus companies holding a federal certificate of convenience and necessity or operated by a City, town or other governmental entity or by any person contracting with such governmental entity as part of a governmentally adopted and controlled program to provide urban mass transportation. (11) metering, monitoring, receiving, and transmitting equipment acquired by persons engaged in the business of providing utility services or telecommunications services; but only to the extent that such equipment is to be used by the customers of such persons and such persons separately charge or bill their customers for use of such equipment. (12) groundwater measuring devices required under A.R.S. §45-604. (13) machinery or equipment used in research and development. In this paragraph, "research and development" means basic and applied research in the sciences and engineering, and designing, developing or testing prototypes, processes or new products, including research and development of computer software that is embedded in or an integral part of the prototype or new product or that is required for machinery or equipment otherwise exempt under this section to function effectively. Research and development do not include manufacturing quality control, routine consumer product testing, market research, sales promotion, sales service, research in social sciences or psychology, computer software research that is not included in the definition of research and development, or other nontechnological activities or technical services. (14) new machinery and equipment consisting of tractors, tractor-drawn implements, self- powered implements, and drip irrigation lines, acquired by persons engaged or continuing in business for use in the commercial production of agricultural, horticultural, viticultural, or floricultural crops in this State. For the purposes of this paragraph, "new machinery and equipment" means machinery or equipment which has never been sold at retail except pursuant to leases or rentals which do not total two years or more. (15) Included in income producing capital equipment are liquid,solid or gaseous chemicals used in manufacturing, processing, fabricating, mining, refining, metallurgical operations or, research and development OR JOB PRINTING, if using or consuming the chemicals,alone or as part of an integrated system of chemicals, involving direct contact with the materials from which the product is produced for the purpose of causing or permitting a chemical or physical change to occur in the materials as part of the production process. This subsection does not include chemicals that are used or consumed in activities such as packaging, storage or transportation but does not affect any deduction for such chemicals that is otherwise provided by this Code. Chemicals meeting the requirements of this subsection are deemed not to be expendable under subsection (d)of this section. (16) cleanrooms that are used for manufacturing, processing, fabrication or research and development,as defined in paragraph(13)of this subsection,of semiconductor products. For purposes of this paragraph, "cleanroom" means all property that comprises or creates an environment where humidity,temperature,particulate matter and contamination are precisely controlled within specified parameters, without regard to whether the property is actually contained within that environment or whether any of the property is affixed to or incorporated into real property. Cleanroom: (A) includes the integrated systems,fixtures, piping, movable partitions, lighting and all property that is necessary or adapted to reduce contamination or to control airflow, temperature, humidity, chemical purity or other environmental conditions or manufacturing tolerances, as well as the production machinery and equipment operating in conjunction with the cleanroom environment. (B) does not include the building or other permanent, nonremovable component of the building that houses the cleanroom environment. (17) machinery and equipment that are purchased by or on behalf of the owners of a soundstage complex and primarily used for motion picture,multimedia or interactive video production in the 2 complex. This paragraph applies only if the initial construction of the soundstage complex begins after June 30,1996 and before January 1,2002 and the machinery and equipment are purchased before the expiration of five years after the start of initial construction. For purposes of this paragraph: (A) "motion picture, multimedia or interactive video production" includes products for theatrical and television release, educational presentations, electronic retailing, documentaries, music videos, industrial films, cd-rom, video game production, commercial advertising and television episode production and other genres that are introduced through developing technology. (B) "soundstage complex"means a facility of multiple stages including production offices, construction shops and related areas, prop and costume shops, storage areas, parking for production vehicles and areas that are leased to businesses that complement the production needs and orientation of the overall facility. (18) tangible personal property that is used by either of the following to receive, store, convert, produce, generate, decode, encode, control or transmit telecommunications information: (A) any direct broadcast satellite television or data transmission service that operates pursuant to 47 Code of Federal Regulations parts 25 and 100. (B) any satellite television or data transmission facility,if both of the following conditions are met: (i) over two-thirds of the transmissions,measured in megabytes,transmitted by the facility during the test period were transmitted to or on behalf of one or more direct broadcast satellite television or data transmission services that operate pursuant to 47 Code of Federal Regulations parts 25 and 100. (ii) over two-thirds of the transmissions,measured in megabytes,transmitted by or on behalf of those direct broadcast television or data transmission services during the test period were transmitted by the facility to or on behalf of those services. Lir For purposes of subdivision(B)of this paragraph,"test period"means the three hundred sixty- five day period beginning on the later of the date on which the tangible personal property is purchased or the date on which the direct broadcast satellite television or data transmission service first transmits information to its customers. (19) MACHINERY AND EQUIPMENT THAT IS USED DIRECTLY IN THE FEEDING OF POULTRY, THE ENVIRONMENTAL CONTROL OF HOUSING FOR POULTRY, THE MOVEMENT OF EGGS WITHIN A PRODUCTION AND PACKAGING FACILITY OR THE SORTING OR COOLING OF EGGS.THIS EXEMPTION DOES NOT APPLY TO VEHICLES USED FOR TRANSPORTING EGGS. (20) MACHINERY OR EQUIPMENT, INCLUDING RELATED STRUCTURAL COMPONENTS, THAT IS EMPLOYED IN CONNECTION WITH MANUFACTURING, PROCESSING, FABRICATING, JOB PRINTING, REFINING, MINING, NATURAL GAS PIPELINES, METALLURGICAL OPERATIONS, TELECOMMUNICATIONS, PRODUCING OR TRANSMITTING ELECTRICITY OR RESEARCH AND DEVELOPMENT THAT IS USED DIRECTLY TO MEET OR EXCEED RULES OR REGULATIONS ADOPTED BY THE FEDERAL ENERGY REGULATORY COMMISSION, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, THE UNITED STATES NUCLEAR REGULATORY COMMISSION, THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY OR A POLITICAL SUBDIVISION OF THIS STATE TO PREVENT, MONITOR, CONTROL OR REDUCE LAND, WATER OR AIR POLLUTION. (21) MACHINERY OR EQUIPMENT THAT ENABLES A TELEVISION STATION TO ORIGINATE AND BROADCAST OR TO RECEIVE AND BROADCAST DIGITAL TELEVISION SIGNALS AND THAT WAS PURCHASED TO FACILITATE COMPLIANCE WITH THE TELECOMMUNICATIONS ACT OF 1996(P.L.104-104;110 STAT.56;47 UNITED STATES CODE SECTION 336)AND THE FEDERAL COMMUNICATIONS COMMISSION ORDER ISSUED APRIL 21, 1997, 47 CODE OF FEDERAL REGULATIONS PART 73. THIS Cur PARAGRAPH DOES NOT EXEMPT ANY OF THE FOLLOWING: (A) REPAIR OR REPLACEMENT PARTS PURCHASED FOR THE MACHINERY OR 3 EQUIPMENT DESCRIBED IN THIS PARAGRAPH. (B) MACHINERY OR EQUIPMENT PURCHASED TO REPLACE MACHINERY OR EQUIPMENT FOR WHICH AN EXEMPTION WAS PREVIOUSLY CLAIMED AND TAKEN UNDER THIS PARAGRAPH. (C) ANY MACHINERY OR EQUIPMENT PURCHASED AFTER THE TELEVISION STATION HAS CEASED ANALOG BROADCASTING, OR PURCHASED AFTER NOVEMBER 1, 2009, WHICHEVER OCCURS FIRST. (b) The term "income-producing capital equipment" shall further include ancillary machinery and equipment used for the treatment of waste products created by the business activities which are allowed to purchase "income-producing capital equipment" defined in subsection (a) above. (c) The term "income-producing capital equipment" shall further include repair and replacement parts, other than the items in subsection (d) below, where the property is acquired to become an integral part of another item itemized in subsections (a)or(b)above. (d) The tangible personal property defined as income-producing capital equipment in this Section shall not include: (1) expendable materials. FOR PURPOSES OF THIS PARAGRAPH, EXPENDABLE MATERIALS DO NOT INCLUDE ANY OF THE CATEGORIES OF TANGIBLE PERSONAL PROPERTY SPECIFIED IN SUBSECTIONS (a), (b) OR (c) OF THIS SECTION REGARDLESS OF THE COST OR USEFUL LIFE OF THAT PROPERTY. (2) janitorial equipment and hand tools. (3) office equipment, furniture, and supplies. (4) tangible personal property used in selling or distributing activities. (5) motor vehicles required to be licensed by the State of Arizona, except buses or other urban mass transit vehicles specifically exempted pursuant to subsection (a)(10) above without regard to the use of such motor vehicles. (6) shops, buildings, docks, depots, and all other materials of whatever kind or character not specifically included as exempt. (7) motors and pumps used in drip irrigation systems. (e) For the purposes of this Section: (1) "aircraft" includes: (a) an airplane flight simulator that is approved by the Federal Aviation Administration for use as a Phase II or higher flight simulator under Appendix H, 14 Code of Federal Regulations Part 121. (B) tangible personal property that is permanently affixed or attached as a component part of an aircraft that is owned or operated by a certificated or licensed carrier of persons or property. (2) "other accessories and related equipment" includes aircraft accessories and equipment such as ground service equipment that physically contact aircraft at some point during the overall carrier operation. Section 2. Section 8A-415 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-415. Construction contracting: construction contractors. (a) The tax rate shall be at an amount equal to one and two-tenths percent (1.2%) of the gross income from the business upon every construction contractor engaging or continuing in the business activity of construction contracting within the Town. Coor (1) However, gross income from construction contracting shall not include charges related to groundwater measuring devices required by A.R.S. Section 45-604. 4 (2) (Reserved) (3) gross income from construction contracting shall not include gross income from the sale of manufactured buildings taxable under Section 8A-427. (b) Deductions AND EXEMPTIONS. (1) Gross income derived from acting as a"subcontractor"shall be exempt from the tax imposed by this Section. (2) All construction contracting gross income subject to the tax and not deductible herein shall be allowed a deduction of thirty-five percent(35%). (3) THE GROSS PROCEEDS OF SALES OR GROSS INCOME ATTRIBUTABLE TO THE PURCHASE OF MACHINERY, EQUIPMENT OR OTHER TANGIBLE PERSONAL PROPERTY THAT IS EXEMPT FROM OR DEDUCTIBLE FROM PRIVILEGE OR USE TAX UNDER: (A) SECTION 8A-465, SUBSECTIONS (g)AND (p) — (B) SECTION 8A-660, SUBSECTIONS (g)AND (p) SHALL BE EXEMPT OR DEDUCTIBLE, RESPECTIVELY, FROM THE TAX IMPOSED BY THIS SECTION. (4) THE GROSS PROCEEDS OF SALES OR GROSS INCOME THAT IS DERIVED FROM A CONTRACT ENTERED INTO FOR THE INSTALLATION, ASSEMBLY, REPAIR OR MAINTENANCE OF INCOME-PRODUCING CAPITAL EQUIPMENT, AS DEFINED IN SECTION 8A-110, THAT DOES NOT BECOME A PERMANENT ATTACHMENT TO A BUILDING, HIGHWAY, ROAD, RAILROAD, EXCAVATION OR MANUFACTURED BUILDING OR OTHER STRUCTURE, PROJECT, DEVELOPMENT OR IMPROVEMENT SHALL BE DEDUCTED FROM THE TAX IMPOSED BY THIS SECTION. IF THE OWNERSHIP OF THE REALTY IS SEPARATE FROM THE OWNERSHIP OF THE INCOME-PRODUCING CAPITAL EQUIPMENT, THE DETERMINATION AS TO PERMANENT ATTACHMENT SHALL BE MADE AS IF THE OWNERSHIP WAS THE SAME. THE DEDUCTION PROVIDED IN THIS PARAGRAPH DOES NOT INCLUDE GROSS PROCEEDS OF SALES OR GROSS INCOME FROM THAT PORTION OF ANY CONTRACTING ACTIVITY WHICH CONSISTS OF THE DEVELOPMENT OF, OR MODIFICATION TO,REAL PROPERTY IN ORDER TO FACILITATE THE INSTALLATION, ASSEMBLY, REPAIR, MAINTENANCE OR REMOVAL OF THE INCOME-PRODUCING CAPITAL EQUIPMENT. FOR PURPOSES OF THIS PARAGRAPH, "PERMANENT ATTACHMENT" MEANS AT LEAST ONE OF THE FOLLOWING: (A) TO BE INCORPORATED INTO REAL PROPERTY. (B) TO BECOME SO AFFIXED TO REAL PROPERTY THAT IT BECOMES PART OF THE REAL PROPERTY. (C) TO BE SO ATTACHED TO REAL PROPERTY THAT REMOVAL WOULD CAUSE SUBSTANTIAL DAMAGE TO THE REAL PROPERTY FROM WHICH IT IS REMOVED. (5) THE GROSS PROCEEDS OF SALES OR GROSS INCOME RECEIVED FROM A CONTRACT FOR THE CONSTRUCTION OF AN ENVIRONMENTALLY CONTROLLED FACILITY FOR THE RAISING OF POULTRY FOR THE PRODUCTION OF EGGS AND THE SORTING, OR COOLING AND PACKAGING OF EGGS SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS SECTION. (6) THE GROSS PROCEEDS OF SALES OR GROSS INCOME THAT IS DERIVED FROM THE INSTALLATION,ASSEMBLY,REPAIR OR MAINTENANCE OF CLEAN ROOMS THAT ARE DEDUCTED FROM THE TAX BASE OF THE RETAIL CLASSIFICATION PURSUANT TO SECTION 8A-465, SUBSECTION (g) SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS SECTION. (7) THE GROSS PROCEEDS OF SALES OR GROSS INCOME THAT IS DERIVED FROM A CONTRACT ENTERED INTO WITH A PERSON WHO IS ENGAGED IN THE COMMERCIAL PRODUCTION OF LIVESTOCK, LIVESTOCK PRODUCTS OR AGRICULTURAL,HORTICULTURAL,VITICULTURAL OR FLORICULTURAL CROPS OR PRODUCTS IN THIS STATE FOR THE CONSTRUCTION, ALTERATION, REPAIR, IMPROVEMENT, MOVEMENT, WRECKING OR DEMOLITION OR ADDITION TO OR 5 SUBTRACTION FROM ANY BUILDING, HIGHWAY, ROAD, EXCAVATION, cry MANUFACTURED BUILDING OR OTHER STRUCTURE,PROJECT,DEVELOPMENT OR IMPROVEMENT USED DIRECTLY AND PRIMARILY TO PREVENT,MONITOR,CONTROL OR REDUCE AIR, WATER OR LAND POLLUTION SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS SECTION. (c) Subcontractor means a construction contractor performing work for either: (1) a construction contractor who has provided the subcontractor with a written declaration that he is liable for the tax for the project and has provided the subcontractor his town Privilege License number. (2) an owner-builder who has provided the subcontractor with a written declaration that: (A) the owner-builder is improving the property for sale; and (B) the owner-builder is liable for the tax for such construction contracting activity; and (C) the owner-builder has provided the contractor his town Privilege License number. (3) a person selling new manufactured buildings who has provided the subcontractor with a written declaration that he is liable for the tax for the site preparation and set-up; and provided the subcontractor his Town Privilege License number. Subcontractor also includes a construction contractor performing work for another subcontractor as defined above. Section 3. Section 8A-416 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-416 Construction contracting: speculative builders. (a) The tax shall be equal to one and two-tenths percent (1.2%) of the gross income from the business activity upon every person engaging or continuing in business as a speculative builder within the Town. (1) The gross income of a speculative builder considered taxable shall include the total selling price from the sale of improved real property at the time of closing of escrow or transfer of title. (2) "Improved Real Property"means any real property: (A) upon which a structure has been constructed; or (B) where improvements have been made to land containing no structure (such as paving or landscaping); or (C) which has been reconstructed as provided by Regulation; or (D) where water, power, and streets have been constructed to the property line. (3) "Sale of Improved Real Property" includes any form of transaction, whether characterized as a lease or otherwise, which in substance is a transfer of title of, or equitable ownership in, improved real property and includes any lease of the property for a term of thirty (30) years or more (with all options for renewal being included as a part of the term). In the case of multiple unit projects, "sale" refers to the sale of the entire project or to the sale of any individual parcel or unit. (4) "Partially Improved Residential Real Property," as used in this Section, means any improved real property, as defined in subsection (a)(2) above, being developed for sale to individual homeowners, where the construction of the residence upon such property is not substantially complete at the time of the sale. (b) Exclusions. (1) In cases involving reconstruction contracting, the speculative builder may exclude from gross income the prior value allowed for reconstruction contracting in determining his taxable gross income, as provided by Regulation. 6 (2) Neither the cost nor the fair market value of the land which constitutes part of the improved real property sold may be excluded or deducted from gross income subject to the tax imposed by this Section. (3) (Reserved) (4) A speculative builder may exclude gross income from the sale of partially improved residential real property as defined in (a)(4) above to another speculative builder only if all of the following conditions are satisfied: (A) The speculative builder purchasing the partially improved residential real property has a valid Town privilege license for construction contracting as a speculative builder; and (B) At the time of the transaction, the purchaser provides the seller with a properly completed written declaration that the purchaser assumes liability for and will pay all privilege taxes which would otherwise be due the Town at the time of sale of the partially improved residential real property; and (C) The seller also: (i) maintains proper records of such transactions in a manner similar to the requirements provided in this chapter relating to sales for resale; and (ii) retains a copy of the written declaration provided by the buyer for the transaction; and (iii) is properly licensed with the Town as a speculative builder and provides the Town with the written declaration attached to the Town privilege tax return where he claims the exclusion. (c) Tax liability for speculative builders occurs at close of escrow or transfer of title, whichever occurs earlier, and is subject to the FOLLOWING provisions , relating to EXEMPTIONS, deductions and tax credits-: (1) EXEMPTIONS. (A) THE GROSS PROCEEDS OF SALES OR GROSS INCOME ATTRIBUTABLE TO THE PURCHASE OF MACHINERY, EQUIPMENT OR OTHER TANGIBLE PERSONAL PROPERTY THAT IS EXEMPT FROM OR DEDUCTIBLE FROM PRIVILEGE OR USE TAX UNDER: (i) SECTION 8A-465, SUBSECTIONS (g)AND (p) (ii) SECTION 8A-660, SUBSECTIONS (g)AND (p) SHALL BE EXEMPT OR DEDUCTIBLE, RESPECTIVELY, FROM THE TAX IMPOSED BY THIS SECTION. (B) THE GROSS PROCEEDS OF SALES OR GROSS INCOME RECEIVED FROM A CONTRACT FOR THE CONSTRUCTION OF AN ENVIRONMENTALLY CONTROLLED FACILITY FOR THE RAISING OF POULTRY FOR THE PRODUCTION OF EGGS AND THE SORTING,OR COOLING AND PACKAGING OF EGGS SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS SECTION. (C) THE GROSS PROCEEDS OF SALES OR GROSS INCOME THAT IS DERIVED FROM THE INSTALLATION,ASSEMBLY,REPAIR OR MAINTENANCE OF CLEAN ROOMS THAT ARE DEDUCTED FROM THE TAX BASE OF THE RETAIL CLASSIFICATION PURSUANT TO SECTION 8A-465,SUBSECTION(g)SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS SECTION. (D) THE GROSS PROCEEDS OF SALES OR GROSS INCOME THAT IS DERIVED FROM A CONTRACT ENTERED INTO WITH A PERSON WHO IS ENGAGED IN THE COMMERCIAL PRODUCTION OF LIVESTOCK,LIVESTOCK PRODUCTS OR AGRICULTURAL, HORTICULTURAL, VITICULTURAL OR FLORICULTURAL CROPS OR PRODUCTS IN THIS STATE FOR THE CONSTRUCTION, ALTERATION, REPAIR, IMPROVEMENT, MOVEMENT, WRECKING OR Lor DEMOLITION OR ADDITION TO OR SUBTRACTION FROM ANY BUILDING, HIGHWAY, ROAD, EXCAVATION, MANUFACTURED BUILDING OR OTHER 7 STRUCTURE,PROJECT,DEVELOPMENT OR IMPROVEMENT USED DIRECTLY AND PRIMARILY TO PREVENT,MONITOR,CONTROL OR REDUCE AIR,WATER OR LAND POLLUTION SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS SECTION. (2) DEDUCTIONS. (A) ALL AMOUNTS SUBJECT TO THE TAX SHALL BE ALLOWED A DEDUCTION IN THE AMOUNT OF THIRTY-FIVE PERCENT(35%). (B) THE GROSS PROCEEDS OF SALES OR GROSS INCOME THAT IS DERIVED FROM THE INSTALLATION, ASSEMBLY, REPAIR OR MAINTENANCE OF INCOME-PRODUCING CAPITAL EQUIPMENT,AS DEFINED IN SECTION 8A-110, THAT DOES NOT BECOME A PERMANENT ATTACHMENT TO A BUILDING, HIGHWAY, ROAD, RAILROAD, EXCAVATION OR MANUFACTURED BUILDING OR OTHER STRUCTURE, PROJECT, DEVELOPMENT OR IMPROVEMENT SHALL BE DEDUCTED FROM THE TAX IMPOSED BY THIS SECTION. IF THE OWNERSHIP OF THE REALTY IS SEPARATE FROM THE OWNERSHIP OF THE INCOME-PRODUCING CAPITAL EQUIPMENT, THE DETERMINATION AS TO PERMANENT ATTACHMENT SHALL BE MADE AS IF THE OWNERSHIP WAS THE SAME. THE DEDUCTION PROVIDED IN THIS PARAGRAPH DOES NOT INCLUDE GROSS PROCEEDS OF SALES OR GROSS INCOME FROM THAT PORTION OF ANY CONTRACTING ACTIVITY WHICH CONSISTS OF THE DEVELOPMENT OF, OR MODIFICATION TO, REAL PROPERTY IN ORDER TO FACILITATE THE INSTALLATION, ASSEMBLY, REPAIR, MAINTENANCE OR REMOVAL OF THE INCOME-PRODUCING CAPITAL EQUIPMENT. FOR PURPOSES OF THIS PARAGRAPH, "PERMANENT ATTACHMENT'MEANS AT LEAST ONE OF THE FOLLOWING: (i) TO BE INCORPORATED INTO REAL PROPERTY. (ii) TO BECOME SO AFFIXED TO REAL PROPERTY THAT IT BECOMES PART OF THE REAL PROPERTY. (iii) TO BE SO ATTACHED TO REAL PROPERTY THAT REMOVAL WOULD CAUSE SUBSTANTIAL DAMAGE TO THE REAL PROPERTY FROM WHICH IT IS REMOVED. (3) TAX CREDITS. THE FOLLOWING TAX CREDITS ARE AVAILABLE TO OWNER-BUILDERS OR SPECULATIVE BUILDERS, NOT TO EXCEED THE TAX LIABILITY AGAINST WHICH SUCH CREDITS APPLY, PROVIDED SUCH CREDITS ARE DOCUMENTED TO THE SATISFACTION OF THE TAX COLLECTOR: (A) A TAX CREDIT EQUAL TO THE AMOUNT OF TOWN PRIVILEGE OR USE TAX, OR THE EQUIVALENT EXCISE TAX, PAID DIRECTLY TO A TAXING JURISDICTION OR AS A SEPARATELY ITEMIZED CHARGE PAID DIRECTLY TO THE VENDOR WITH RESPECT TO THE TANGIBLE PERSONAL PROPERTY INCORPORATED INTO THE SAID STRUCTURE OR IMPROVEMENT TO REAL PROPERTY UNDERTAKEN BY THE OWNER-BUILDER OR SPECULATIVE BUILDER. (B) A TAX CREDIT EQUAL TO THE AMOUNT OF PRIVILEGE TAXES PAID TO THIS TOWN, OR CHARGED SEPARATELY TO THE SPECULATIVE BUILDER, BY A CONSTRUCTION CONTRACTOR,ON THE GROSS INCOME DERIVED BY SAID PERSON FROM THE CONSTRUCTION OF ANY IMPROVEMENT TO THE REAL PROPERTY. (C) NO CREDITS PROVIDED HEREIN MAY BE CLAIMED UNTIL SUCH TIME THAT THE GROSS INCOME AGAINST WHICH SAID CREDITS APPLY IS REPORTED. Section 4. Section 8A-417 of the Tax Code of the Town of Fountain Hills is amended to read: co, Sec. 8A-417. Construction contracting: owner-builders who are not speculative builders. 8 (a) At the expiration of twenty-four (24) months after improvement to the property is substantially complete, the tax liability for an owner-builder who is not a speculative builder shall be at an amount equal to one and two-tenths percent(1.2%)of: (1) the gross income from the activity of construction contracting upon the real property in question which was realized by those construction contractors to whom the owner-builder provided written declaration that they were not responsible for the taxes as prescribed in Subsection 8A-415(c)(2); and (2) the purchase of tangible personal property for incorporation into any improvement to real property, computed on the sales price. (b) The tax liability of this Section is subject to the FOLLOWING provisions , relating to EXEMPTIONS, deductions and tax credits- : (1) EXEMPTIONS. (A) THE GROSS PROCEEDS OF SALES OR GROSS INCOME ATTRIBUTABLE TO THE PURCHASE OF MACHINERY, EQUIPMENT OR OTHER TANGIBLE PERSONAL PROPERTY THAT IS EXEMPT FROM OR DEDUCTIBLE FROM PRIVILEGE OR USE TAX UNDER: (i) SECTION 8A-465, SUBSECTIONS (g)AND (p) (ii) SECTION 8A-660, SUBSECTIONS (g)AND (p) SHALL BE EXEMPT OR DEDUCTIBLE, RESPECTIVELY, FROM THE TAX IMPOSED BY THIS SECTION. (B) THE GROSS PROCEEDS OF SALES OR GROSS INCOME RECEIVED FROM A CONTRACT FOR THE CONSTRUCTION OF AN ENVIRONMENTALLY CONTROLLED FACILITY FOR THE RAISING OF POULTRY FOR THE PRODUCTION OF EGGS AND THE SORTING,OR COOLING AND PACKAGING OF EGGS SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS SECTION. (C) THE GROSS PROCEEDS OF SALES OR GROSS INCOME THAT IS DERIVED FROM THE INSTALLATION,ASSEMBLY,REPAIR OR MAINTENANCE OF CLEAN ROOMS THAT ARE DEDUCTED FROM THE TAX BASE OF THE RETAIL CLASSIFICATION PURSUANT TO SECTION 8A-465,SUBSECTION(g)SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS SECTION. (D) THE GROSS PROCEEDS OF SALES OR GROSS INCOME THAT IS DERIVED FROM A CONTRACT ENTERED INTO WITH A PERSON WHO IS ENGAGED IN THE COMMERCIAL PRODUCTION OF LIVESTOCK,LIVESTOCK PRODUCTS OR AGRICULTURAL, HORTICULTURAL, VITICULTURAL OR FLORICULTURAL CROPS OR PRODUCTS IN THIS STATE FOR THE CONSTRUCTION, ALTERATION, REPAIR, IMPROVEMENT, MOVEMENT, WRECKING OR DEMOLITION OR ADDITION TO OR SUBTRACTION FROM ANY BUILDING, HIGHWAY, ROAD, EXCAVATION, MANUFACTURED BUILDING OR OTHER STRUCTURE,PROJECT,DEVELOPMENT OR IMPROVEMENT USED DIRECTLY AND PRIMARILY TO PREVENT,MONITOR,CONTROL OR REDUCE AIR,WATER OR LAND POLLUTION SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS SECTION. (2) DEDUCTIONS. (A) ALL AMOUNTS SUBJECT TO THE TAX SHALL BE ALLOWED A DEDUCTION IN THE AMOUNT OF THIRTY-FIVE PERCENT(35%). (B) THE GROSS PROCEEDS OF SALES OR GROSS INCOME THAT IS DERIVED FROM THE INSTALLATION, ASSEMBLY, REPAIR OR MAINTENANCE OF INCOME-PRODUCING CAPITAL EQUIPMENT,AS DEFINED IN SECTION 8A-110, THAT DOES NOT BECOME A PERMANENT ATTACHMENT TO A BUILDING, HIGHWAY, ROAD, RAILROAD, EXCAVATION OR MANUFACTURED BUILDING OR OTHER STRUCTURE, PROJECT, DEVELOPMENT OR IMPROVEMENT SHALL BE DEDUCTED FROM THE TAX IMPOSED BY THIS SECTION. IF THE OWNERSHIP OF THE REALTY IS SEPARATE FROM THE OWNERSHIP OF THE 9 INCOME-PRODUCING CAPITAL EQUIPMENT, THE DETERMINATION AS TO PERMANENT ATTACHMENT SHALL BE MADE AS IF THE OWNERSHIP WAS THE SAME. THE DEDUCTION PROVIDED IN THIS PARAGRAPH DOES NOT INCLUDE GROSS PROCEEDS OF SALES OR GROSS INCOME FROM THAT PORTION OF ANY CONTRACTING ACTIVITY WHICH CONSISTS OF THE DEVELOPMENT OF, OR MODIFICATION TO, REAL PROPERTY IN ORDER TO FACILITATE THE INSTALLATION, ASSEMBLY, REPAIR, MAINTENANCE OR REMOVAL OF THE INCOME-PRODUCING CAPITAL EQUIPMENT. FOR PURPOSES OF THIS PARAGRAPH,"PERMANENT ATTACHMENT'MEANS AT LEAST ONE OF THE FOLLOWING: (i) TO BE INCORPORATED INTO REAL PROPERTY. (ii) TO BECOME SO AFFIXED TO REAL PROPERTY THAT IT BECOMES PART OF THE REAL PROPERTY. (iii) TO BE SO ATTACHED TO REAL PROPERTY THAT REMOVAL WOULD CAUSE SUBSTANTIAL DAMAGE TO THE REAL PROPERTY FROM WHICH IT IS REMOVED. (3) TAX CREDITS. THE FOLLOWING TAX CREDITS ARE AVAILABLE TO OWNER-BUILDERS AND SPECULATIVE BUILDERS, NOT TO EXCEED THE TAX LIABILITY AGAINST WHICH SUCH CREDITS APPLY, PROVIDED SUCH CREDITS ARE DOCUMENTED TO THE SATISFACTION OF THE TAX COLLECTOR: (A) A TAX CREDIT EQUAL TO THE AMOUNT OF TOWN PRIVILEGE OR USE TAX, OR THE EQUIVALENT EXCISE TAX, PAID DIRECTLY TO A TAXING JURISDICTION OR AS A SEPARATELY ITEMIZED CHARGE PAID DIRECTLY TO THE VENDOR WITH RESPECT TO THE TANGIBLE PERSONAL PROPERTY INCORPORATED INTO THE SAID STRUCTURE OR IMPROVEMENT TO REAL PROPERTY UNDERTAKEN BY THE OWNER-BUILDER OR SPECULATIVE 4116, BUILDER. (B) A TAX CREDIT EQUAL TO THE AMOUNT OF PRIVILEGE TAXES PAID TO THIS TOWN, OR CHARGED SEPARATELY TO THE SPECULATIVE BUILDER, BY A CONSTRUCTION CONTRACTOR,ON THE GROSS INCOME DERIVED BY SAID PERSON FROM THE CONSTRUCTION OF ANY IMPROVEMENT TO THE REAL PROPERTY. (C) NO CREDITS PROVIDED HEREIN MAY BE CLAIMED UNTIL SUCH TIME THAT THE GROSS INCOME AGAINST WHICH SAID CREDITS APPLY IS REPORTED. (c) The limitation period for the assessment of taxes imposed by this Section is measured based upon when such liability is reportable, that is, in the reporting period that encompasses the twenty-fifth (25th) month after said unit or project was substantially complete. Interest and penalties, as provided in Section 8A-540,will be based on reportable date. (d) (Reserved) Section 5. Section 8A-418 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-418 (RESERVED) 10 of the Tax CoHector (1) A tax credit cqual to the amount of Town Privilege or Use Tax,or the equivalent excise tax, Property` Section 6. Section 8A-444 of the Tax Code of the Town of Fountain Hills is amendedto read: Sec. 8A-444. Hotels. The tax rate shall be at an amount equal to one and two-tenths percent (1.2%) of the gross income from the business activity upon every person engaging or continuing in the business of operating a hotel charging for lodging and/or lodging space furnished to any: (a) Person. (b) (Reserved) . (c) INCOME DERIVED FROM INCARCERATING OR DETAINING PRISONERS WHO ARE UNDER THE JURISDICTION OF THE UNITED STATES, THIS STATE OR ANY OTHER STATE OR A POLITICAL SUBDIVISION OF THIS STATE OR OF ANY OTHER STATE IN A PRIVATELY OPERATED PRISON,JAIL OR DETENTION FACILITY IS EXEMPT FROM THE TAX IMPOSED BY THIS SECTION. Section 7. Section 8A-445 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-445. Rental, leasing, and licensing for use of real property. (a) The tax rate shall be at an amount equal to one and two-tenths percent (1.2%) of the gross income from the business activity upon every person engaging or continuing in the business of leasing or renting real property located within the Town for a consideration,to the tenant in actual possession, or the licensing for use of real property to the final licensee located within the Town for a consideration including any improvements, rights, or interest in such property; provided further that: (1) Payments made by the lessee to, or on behalf of, the lessor for property taxes, repairs, or improvements are considered to be part of the taxable gross income. (2) Charges for such items as telecommunications, utilities, pet fees, or maintenance are considered to be part of the taxable gross income. (3) However, if the lessor engages in telecommunication activity, as evidenced by installing individual metering equipment and by billing each tenant based upon actual usage, such activity is taxable under Section 8A-470. (b) If individual utility meters have been installed for each tenant and the lessor separately charges each single tenant for the exact billing from the utility company, such charges are exempt. Lir (c) Charges by a qualifying hospital, qualifying community health center or a qualifying health care 11 organization to patients of such facilities for use of rooms or other real property during the course of their treatment by such facilities are exempt. (d) Charges for joint pole usage by a person engaged in the business of providing or furnishing utility or telecommunication services to another person engaged in the business of providing or furnishing utility or telecommunication services are exempt from the tax imposed by this Section. (e) Exempt from the tax imposed by this Section is gross income derived from the rental, leasing, or licensing for use of real property to a qualifying hospital, qualifying community health center or a qualifying health care organization,except when the property so rented,leased,or licensed is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512. (f) A person who has less than three (3) apartments, houses, trailer spaces, or other lodging spaces rented, leased or licensed or available for rent, lease, or license within the State and no units of commercial property for rent, lease, or license within the State, is not deemed to be in the rental business, and is therefore exempt from the tax imposed by this Section on such income. However, a person who has one (1) or more units of commercial property is subject to the tax imposed by this Section on all such lodging spaces and commercial units rental, lease, or license income even though said person may have fewer than three (3) lodging spaces. (g) (Reserved) (h) The tax prescribed by this Section shall not include gross income from the rental, leasing, or licensing of lodging or lodging space to an individual who resides therein. (i) (Reserved) (i) Exempt from the tax imposed by this Section is gross income derived from the activities taxable under Section 8A-444 of this code. (k) (Reserved) (I) (Reserved) (m) (Reserved) (n) Notwithstanding the provisions of Section 8A-200(b), the fair market value of one (1) apartment, in an apartment complex provided rent free to an employee of the apartment complex is not subject to the tax imposed by this Section. For an apartment complex with more than fifty (50) units, an additional apartment provided rent free to an employee for every additional fifty (50) units is not subject to the tax imposed by this Section. (o) INCOME DERIVED FROM INCARCERATING OR DETAINING PRISONERS WHO ARE UNDER THE JURISDICTION OF THE UNITED STATES, THIS STATE OR ANY OTHER STATE OR A POLITICAL SUBDIVISION OF THIS STATE OR OF ANY OTHER STATE IN A PRIVATELY OPERATED PRISON,JAIL OR DETENTION FACILITY IS EXEMPT FROM THE TAX IMPOSED BY THIS SECTION. Section 8. Section 8A-450 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-450. Rental, leasing,and licensing for use of tangible personal property. 12 (a) The tax rate shall be at an amount equal to one and two-tenths percent (1.2%) of the gross income from the business activity upon every person engaging or continuing in the business of leasing, licensing for use, or renting tangible personal property for a consideration, including that which is semi-permanently or permanently installed within the Town as provided by Regulation. (b) Special provisions relating to long-term motor vehicle leases. A lease transaction involving a motor vehicle for a minimum period of twenty-four (24) months shall be considered to have occurred at the location of the motor vehicle dealership, rather than the location of the place of business of the lessor, even if the lessor's interest in the lease and its proceeds are sold, transferred, or otherwise assigned to a lease financing institution; provided further that the city or town where such motor vehicle dealership is located levies a Privilege Tax or an equivalent excise tax upon the transaction. (c) Gross income derived from the following transactions shall be exempt from Privilege Taxes imposed by this Section: (1) rental, leasing, or licensing for use of tangible personal property to persons engaged or continuing in the business of leasing, licensing for use, or rental of such property. (2) rental, leasing, or licensing for use of tangible personal property that is semi-permanently or permanently installed within another city or town that levies an equivalent excise tax on the transaction. (3) rental, leasing, or licensing for use of film, tape, or slides to a theater or other person taxed under Section 8A-410, or to a radio station, television station, or subscription television system. (4) rental, leasing, or licensing for use of the following: (A) prosthetics. (B) income-producing capital equipment. (C) mining and metallurgical supplies. These exemptions include the rental, leasing, or licensing for use of tangible personal property which, if it had been purchased instead of leased, rented, or licensed by the lessee or licensee, would qualify as income-producing capital equipment or mining and metallurgical supplies. (5) rental, leasing, or licensing for use of tangible personal property to a qualifying hospital, qualifying community health center or a qualifying health care organization,except when the property so rented, leased,or licensed is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C.Section 512 or rental,leasing, or licensing for use of tangible personal property in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3)of the United States Internal Revenue Code and that engages in and uses such property exclusively for training,job placement or rehabilitation programs or testing for mentally or physically handicapped persons. (6) separately billed charges for delivery, installation, repair, and/or maintenance as provided by Regulation. (7) charges for joint pole usage by a person engaged in the business of providing or furnishing utility or telecommunication services to another person engaged in the business of providing or furnishing utility or telecommunication services. (8) (Reserved) (9) rental, leasing, or licensing of aircraft that would qualify as aircraft acquired for use outside the State, as prescribed by Regulation, if such rental, leasing, or licensing had been a sale. (10) RENTAL, LEASING AND LICENSING FOR USE OF MOTOR VEHICLES THAT USE ALTERNATIVE FUEL AS DEFINED IN A.R.S. SECTION 43-1086 ON OR AFTER MAY 5, 1999. Lir Section 9. Section 8A-460 of the Tax Code of the Town of Fountain Hills is amended to read: 13 Sec. 8A-460. Retail sales: measure of tax; burden of proof; exclusions. (a) The tax rate shall be at an amount equal to one and two-tenths percent (1.2%) of the gross income from the business activity upon every person engaging or continuing in the business of selling tangible personal property at retail. (b) The burden of proving that a sale of tangible personal property is not a taxable retail sale shall be upon the person who made the sale. (c) Exclusions. For the purposes of this Chapter, sales of tangible personal property shall not include: (1) sales of stocks, bonds, options, or other similar materials. (2) sales of lottery tickets or shares pursuant to Article I, Chapter 5, Title 5, Arizona Revised Statutes. (3) sales of platinum, bullion, or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by Regulation. (4) gross income derived from the transfer of tangible personal property which is specifically included as the gross income of a business activity upon which another Section of this Article imposes a tax, shall be considered gross income of that business activity, and are not includable as gross income subject to the tax imposed by this Section. (5) sales by professional or personal service occupations where such sales are inconsequential elements of the service provided. (d) (Reserved) (e) When this Town and another Arizona city or town with an equivalent excise tax could claim nexus for taxing a retail sale, the city or town where the permanent business location of the seller at which the order was received shall be deemed to have precedence, and for the purposes of this Chapter such city or town has sole and exclusive right to such tax. (f) The appropriate tax liability for any retail sale where the order is received at a permanent business location of the seller located in this Town or in an Arizona city or town that levies an equivalent excise tax shall be at the tax rate of the city or town of such seller's location. (g) RETAIL SALES OF PREPAID CALLING CARDS OR PREPAID AUTHORIZATION NUMBERS FOR TELECOMMUNICATIONS SERVICES, INCLUDING SALES OF REAUTHORIZATION OF A PREPAID CARD OR AUTHORIZATION NUMBER,ARE SUBJECT TO TAX UNDER THIS SECTION. Section 10. Section 8A-465 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-465. Retail sales: exemptions. Income derived from the following sources is exempt from the tax imposed by Section 8A-460: (a) sales of tangible personal property to a person regularly engaged in the business of selling such property. (b) out-of-Town sales or out-of-State sales. (c) charges for delivery, installation, or other direct customer services as prescribed by Regulation. 14 (d) charges for repair services as prescribed by Regulation, when separately charged and separately maintained in the books and records of the taxpayer. (e) sales of warranty, maintenance, and service contracts, when separately charged and separately maintained in the books and records of the taxpayer. (f) sales of prosthetics. (g) sales of income-producing capital equipment. (h) sales of rental equipment and rental supplies. (i) sales of mining and metallurgical supplies. Q) sales of motor vehicle fuel and use fuel which are subject to a tax imposed under the provisions of Article I or II,Chapter 16,Title 28,Arizona Revised Statutes;or sales of use fuel to a holder of a valid single trip use fuel tax permit issued under A.R.S.Section 28-5739,or sales of natural gas or liquefied petroleum gas used to propel a motor vehicle. (k) sales of tangible personal property to a construction contractor who holds a valid Privilege Tax License for engaging or continuing in the business of construction contracting where the tangible personal property sold is incorporated into any structure or improvement to real property as part of construction contracting activity. (I) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State. (m) sales of tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines, or other periodicals. Tangible personal property which is consumed or used up in a manufacturing, job printing, publishing, or production process is not an ingredient nor component part of a product. (n) (Reserved) (1) (Reserved) (2) (Reserved) (o) sales to hotels, bars, restaurants, dining cars, lunchrooms, boarding houses, or similar establishments of articles consumed as food, drink, or condiment, whether simple, mixed, or compounded, where such articles are customarily prepared or served to patrons for consumption on or off the premises, where the purchaser is properly licensed and paying a tax under Section 8A-455 or the equivalent excise tax upon such income. (p) sales of tangible personal property to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property sold is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C.Section 512 or sales of tangible personal property purchased in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3)of the United States Internal Revenue Code and that engages in and uses such property exclusively for training,job placement or rehabilitation programs or testing for mentally or physically handicapped persons. (q) food purchased with food stamps provided through the food stamp program established by the Food Stamp Act of 1977(P.L.95-113;91 Stat.958.7 U.S.C.Section 2011 et seq.)or purchased with food Clow instruments issued under Section 17 of the Child Nutrition Act (P.L. 95-627; 92 Stat. 3603; and P.L. 99-669; Section 4302;42 UNITED STATES CODE SECTION 1786)but only to the extent that 15 food stamps or food instruments were actually used to purchase such food. (r) (Reserved) (1) (Reserved) (2) (Reserved) (3) (Reserved) (4) (Reserved) (s) sales of groundwater measuring devices required by A.R.S. Section 45-604. (t) (Reserved) (u) sales of aircraft acquired for use outside the State, as prescribed by Regulation. (v) sales of food products by producers as provided for by A.R.S. Sections 3-561, 3-562 and 3-563. (w) (Reserved) (x) (Reserved) (y) (Reserved) (z) (Reserved) (aa) the sale of tangible personal property used in remediation contracting as defined in Section 8A-100 and Regulation 8A-100.5. (bb) sales of materials that are purchased by or for publicly funded libraries including school district libraries, charter school libraries, community college libraries, state university libraries or federal, state, county or municipal libraries for use by the public as follows: (1) printed or photographic materials. (2) electronic or digital media materials. (cc) sales of food, beverages, condiments and accessories used for serving food and beverages to a commercial airline, as defined in A.R.S. § 42-5061(A)(50), that serves the food and beverages to its passengers, without additional charge, for consumption in flight. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (dd) in computing the tax base in the case of the sale or transfer of wireless telecommunication equipment as an inducement to a customer to enter into or continue a contract for telecommunication services that are taxable under Section 8A-470, gross proceeds of sales or gross income does not include any sales commissions or other compensation received by the retailer as a result of the customer entering into or continuing a contract for the telecommunications services. (ee) for the purposes of this Section, a sale of wireless telecommunication equipment to a person who holds the equipment for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunication services that are taxable under Section 8A-470 is considered to be a sale for resale in the regular course of business. (ff) sales of alternative fuel as defined in A.R.S. § 1-215, to a used oil fuel burner who has cir received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. §49-426 or§49-480. 16 (gg) sales of food, beverages, condiments and accessories to a public educational entity, pursuant to any of the provisions of Title 15, Arizona Revised Statutes; to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (hh) sales of personal hygiene items to a person engaged in the business of and subject to tax under Section 8A-444 of this code if the tangible personal property is furnished without additional charge to and intended to be consumed by the person during his occupancy. (ii) FOR THE PURPOSES OF THIS SECTION, THE DIVERSION OF GAS FROM A PIPELINE BY A PERSON ENGAGED IN THE BUSINESS OF OPERATING A NATURAL OR ARTIFICIAL GAS PIPELINE, FOR THE SOLE PURPOSE OF FUELING COMPRESSOR EQUIPMENT TO PRESSURIZE THE PIPELINE, IS NOT A SALE OF THE GAS TO THE OPERATOR OF THE PIPELINE. (jj) SALES OF FOOD, BEVERAGES, CONDIMENTS AND ACCESSORIES TO A NONPROFIT CHARITABLE ORGANIZATION THAT HAS QUALIFIED AS AN EXEMPT ORGANIZATION UNDER 26 U.S.0 SECTION 501(C)(3) AND REGULARLY SERVES MEALS TO THE NEEDY AND • INDIGENT ON A CONTINUING BASIS AT NO COST. FOR THE PURPOSES OF THIS SUBSECTION, "ACCESSORIES" MEANS PAPER PLATES, PLASTIC EATING UTENSILS, NAPKINS, PAPER CUPS, DRINKING STRAWS, PAPER SACKS OR OTHER DISPOSABLE CONTAINERS, OR OTHER ITEMS WHICH FACILITATE THE CONSUMPTION OF THE FOOD. • (kk) SALES OF MOTOR VEHICLES THAT USE ALTERNATIVE FUEL AS DEFINED IN A.R.S.SECTION 43-1086 ON OR AFTER MAY 5, 1999. Section 11. Section 8A-470 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-470.Telecommunication services. (a) The tax rate shall be at an amount equal to one and two-tenths percent (1.2%) of the gross income from the business activity upon every person engaging or continuing in the business of providing telecommunication services to consumers within this Town. (1) Telecommunication services shall include: (A) two-way voice, sound, and/or video communication over a communications channel. (B) one-way voice, sound, and/or video transmission or relay over a communications channel. (C) facsimile transmissions. (D) providing relay or repeater service. (E) providing computer interface services over a communications channel. (F) time-sharing activities with a computer accomplished through the use of a communications channel. (2) Gross income from the business activity of providing telecommunication services to consumers within this Town shall include: (A) all fees for connection to a telecommunication system. (B) toll charges, charges for transmissions, and charges for other telecommunications services; provided that such charges relate to transmissions originating in the Town and terminating in this State. (C) fees charged for access to or subscription to or membership in a Law telecommunication system or network. (D) charges for monitoring services relating to a security or burglar alarm system 17 located within the Town where such system transmits or receives signals or data over a communications channel. (b) Resale telecommunication services. Gross income from sales of telecommunication services to another provider of telecommunication services for the purpose of providing the purchaser's customers with such service shall be exempt from the tax imposed by this Section; provided, however, that such purchaser is properly licensed by the Town to engage in such business. (c) Interstate transmissions. Charges by a provider of telecommunication services for transmissions originating in the Town and terminating outside the State are exempt from the tax imposed by this Section. (d) (Reserved) (e) (Reserved) (f) PREPAID CALLING CARDS. TELECOMMUNICATIONS SERVICES PURCHASED WITH A PREPAID CALLING CARD THAT ARE TAXABLE UNDER SECTION 8A-460 ARE EXEMPT FROM THE TAX IMPOSED UNDER THIS SECTION. Section 12. Section 8A-475 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-475. Transporting for hire. The tax rate shall be at an amount equal to one and two-tenths percent (1.2%) of the gross income from the business activity upon every person engaging or continuing in the business of providing the following forms of transportation for hire from this Town to another point within the State: (a) transporting of persons or property by railroad:;PROVIDED,HOWEVER,THAT THE TAX IMPOSED BY THIS SUBSECTION SHALL NOT APPLY TO TRANSPORTING FREIGHT OR PROPERTY FOR HIRE BY A RAILROAD OPERATING EXCLUSIVELY IN THIS STATE IF THE TRANSPORTATION COMPRISES A PORTION OF A SINGLE SHIPMENT OF FREIGHT OR PROPERTY, INVOLVING MORE THAN ONE RAILROAD, EITHER FROM A POINT IN THIS STATE TO A POINT OUTSIDE THIS STATE OR FROM A POINT OUTSIDE THIS STATE TO A POINT IN THIS STATE. FOR PURPOSES OF THIS PARAGRAPH, "A SINGLE SHIPMENT' MEANS THE TRANSPORTATION THAT BEGINS AT THE POINT AT WHICH ONE OF THE RAILROADS FIRST TAKES POSSESSION OF THE FREIGHT OR PROPERTY AND CONTINUES UNTIL THE POINT AT WHICH ONE OF THE RAILROADS RELINQUISHES POSSESSION OF THE FREIGHT OR PROPERTY TO A PARTY OTHER THAN ONE OF THE RAILROADS. (b) transporting of oil or natural or artificial gas through pipe or conduit. (c) transporting of property by aircraft. (d) transporting of persons or property by motor vehicle, including towing and the operation of private car lines, as such are defined in Article VII, Chapter 14, Title 42, Arizona Revised Statutes; provided, however, that the tax imposed by this subsection shall not apply to: (1) gross income subject to the tax imposed by Article IV, Chapter 16, Title 28, Arizona Revised Statutes. (2) gross income derived from the operation of a governmentally adopted and controlled program to provide urban mass transportation. Cale (3) (Reserved) (4) (Reserved) 18 Section 13. Section 8A-575 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-575. Judicial review. (State Administration and Audits) (a) Appeal of a State Board of Tax Appeals decision to the courts is valid only if all the provisions of A.R.S. Section 42-124 are met. (b) (Reserved) (c) (Reserved) (d) (Reserved) (e) THE TOWN HAS THE BURDEN OF PROOF BYA PREPONDERANCE OF THE EVIDENCE IN ANY COURT PROCEEDING REGARDING ANY FACTUAL ISSUE RELEVANT TO ASCERTAINING THE TAX LIABILITY OF A TAXPAYER. THIS SUBSECTION DOES NOT ABROGATE ANY REQUIREMENT OF THIS CHAPTER THAT REQUIRES A TAXPAYER TO SUBSTANTIATE AN ITEM OF GROSS INCOME, EXCLUSION, EXEMPTION, DEDUCTION, OR CREDIT. THIS SUBSECTION APPLIES TO A FACTUAL ISSUE IF A PREPONDERANCE OF THE EVIDENCE DEMONSTRATES THAT: (1) THE TAXPAYER ASSERTS A REASONABLE DISPUTE REGARDING THE ISSUE. (2) THE TAXPAYER HAS FULLY COOPERATED WITH THE TAX COLLECTOR REGARDING THE ISSUE, INCLUDING PROVIDING WITHIN A REASONABLE PERIOD OF TIME, ACCESS TO AND INSPECTION OF ALL WITNESSES,INFORMATION AND DOCUMENTS WITHIN THE TAXPAYER'S CONTROL, AS REASONABLY REQUESTED BY THE TAX COLLECTOR. (3) THE TAXPAYER HAS KEPT AND MAINTAINED RECORDS AS REQUIRED BY THE TOWN. ( )(f) The issuance of an adjusted or corrected assessment or notice of refund due to the taxpayer,where made by the Tax Collector pursuant to the decision of the Hearing Officer, shall not be deemed an acquiescence by the Town or the Tax Collector in said decision, nor shall it constitute a bar or estoppel to the institution of an action or counterclaim by the Town to recover any amounts claimed to be due to it by virtue of the original assessment. (4)(g) After the initiation of any action in the appropriate court by either party, the opposite party may file such counterclaim as would be allowed pursuant to the Arizona Rules of Civil Procedure. Sec. 8A-575. Judicial review. (Local Audits) (a) A taxpayer may seek judicial review of all or any part of a Hearing Officer's decision by initiating an action against the Town in the appropriate Court of this County. A taxpayer is not required to pay any tax, penalty, or interest upheld by the hearing officer before seeking such judicial review. (b) The Tax Collector may seek judicial review of all or any part of a Hearing Officer's decision by initiating an action in the appropriate Court. (c) An action for judicial review can not be commenced by either the taxpayer or the Tax Collector more than thirty(30)days after receipt by the taxpayer of notice of any refund or assessment recalculated or reduced to conform to the Hearing Officer's decision,unless the time to commence such an action is extended in writing signed by both the taxpayer and the Tax Collector. Failure to bring the action within thirty(30)days or such other time as is agreed upon in writing shall constitute a waiver of any right to judicial review, except as provided in subsection (f)below. (d) The court shall hear and determine the appeal as a trial de novo; however,the Tax Collector cannot raise in the court any grounds or basis for the assessment not asserted before the Hearing Officer. Nothing in this subsection,however,shall preclude the Tax Collector from responding to any arguments 19 which are raised by the taxpayer in the appeal. (e) THE TOWN HAS THE BURDEN OF PROOF BYA PREPONDERANCE OF THE EVIDENCE IN ANY COURT PROCEEDING REGARDING ANY FACTUAL ISSUE RELEVANT TO ASCERTAINING THE TAX LIABILITY OF A TAXPAYER. THIS SUBSECTION DOES NOT ABROGATE ANY REQUIREMENT OF THIS CHAPTER THAT REQUIRES A TAXPAYER TO SUBSTANTIATE AN ITEM OF GROSS INCOME, EXCLUSION, EXEMPTION, DEDUCTION, OR CREDIT. THIS SUBSECTION APPLIES TO A FACTUAL ISSUE IF A PREPONDERANCE OF THE EVIDENCE DEMONSTRATES THAT: (1) THE TAXPAYER ASSERTS A REASONABLE DISPUTE REGARDING THE ISSUE. (2) THE TAXPAYER HAS FULLY COOPERATED WITH THE TAX COLLECTOR REGARDING THE ISSUE, INCLUDING PROVIDING WITHIN A REASONABLE PERIOD OF TIME, ACCESS TO AND INSPECTION OF ALL WITNESSES,INFORMATION AND DOCUMENTS WITHIN THE TAXPAYER'S CONTROL, AS REASONABLY REQUESTED BY THE TAX COLLECTOR. (3) THE TAXPAYER HAS KEPT AND MAINTAINED RECORDS AS REQUIRED BY THE TOWN. (e)(f) The issuance of an adjusted or corrected assessment or notice of refund due to the taxpayer,where made by the Tax Collector pursuant to the decision of the Hearing Officer, shall not be deemed an acquiescence by the Town or the Tax Collector in said decision, nor shall it constitute a bar or estoppel to the institution of an action or counterclaim by the Town to recover any amounts claimed to be due to it by virtue of the original assessment. ff)(g) After the initiation of any action in the appropriate court by either party, the opposite party may file such counterclaim as would be allowed pursuant to the Arizona Rules of Civil Procedure. Section 14. Section 8A-660 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-660. Use tax: exemptions. The storage or use in this Town of the following tangible personal property is exempt from the Use Tax imposed by this Article: (a) tangible personal property brought into the Town by an individual who was not a resident of the Town at the time the property was acquired for his own use, if the first actual use of such property was outside the Town, unless such property is used in conducting a business in this Town. (b) tangible personal property, the value of which does not exceed the amount of one thousand dollars ($1,000) per item, acquired by an individual outside the limits of the Town for his personal use and enjoyment. (c) charges for delivery, installation, or other customer services, as prescribed by Regulation. (d) charges for repair services, as prescribed by Regulation. (e) separately itemized charges for warranty, maintenance, and service contracts. (f) prosthetics. (g) income-producing capital equipment. (h) rental equipment and rental supplies. Cir (i) mining and metallurgical supplies. 20 E Q) motor vehicle fuel and use fuel which are used upon the highways of this State and upon [fir which a tax has been imposed under the provisions of Article I or II, Chapter 16, Title 28, Arizona Revised Statutes. (k) tangible personal property purchased by a construction contractor, but not an owner-builder, when such person holds a valid Privilege License for engaging or continuing in the business of construction contracting, and where the property acquired is incorporated into any structure or improvement to real property in fulfillment of a construction contract. (I) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State. (m) tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines or other periodicals. Tangible personal property which is consumed or used up in a manufacturing, job printing, publishing, or production process is not an ingredient nor component part of a product. (n) rental, leasing, or licensing for use of film, tape, or slides by a theater or other person taxed under Section 8A-410, or by a radio station, television station, or subscription television system. (o) food served to patrons for a consideration by any person engaged in a business properly licensed and taxed under Section 8A-455, but not food consumed by owners, agents, or employees of such business. (p) tangible personal property acquired by a qualifying hospital,qualifying community health center or a L qualifying health care organization, except when the property is in fact used in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512. (q) food purchased with food stamps provided through the food stamp program established by the Food Stamp Act of 1977(P.L. 95-113;91 Stat.958.7 U.S.C.Section 2011 et seq.)or purchased with food instruments issued under Section 17 of the Child Nutrition Act (P.L. 95-627; 92 Stat. 3603; and P.L. 99-669; Section 4302; 42 UNITED STATES CODE SECTION 1786). (r) (Reserved) (1) (Reserved) (2) (Reserved) (3) (Reserved) (4) (Reserved) (s) groundwater measuring devices required by A.R.S. Section 45-604. (t) (Reserved) (u) aircraft acquired for use outside the State, as prescribed by Regulation. (v) sales of food products by producers as provided for by A.R.S. Sections 3-561, 3-562 and 3-563. (w) (Reserved) (x) (Reserved) (y) (Reserved) 21 (z) tangible personal property used or stored by this Town. (aa) tangible personal property used in remediation contracting as defined in Section 8A-100 and Regulation 8A-100.5. (bb) materials that are purchased by or for publicly funded libraries including school district libraries, charter school libraries, community college libraries, state university libraries or federal, state, county or municipal libraries for use by the public as follows: (1) printed or photographic materials. (2) electronic or digital media materials. (cc) food, beverages, condiments and accessories used for serving food and beverages by a commercial airline, as defined in A.R.S. § 42-5061(A)(50), that serves the food and beverages to its passengers, without additional charge, for consumption in flight. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (dd) wireless telecommunication equipment that is held for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunication services that are taxable under Section 8A-470. (ee) (Reserved) (ff) alternative fuel as defined in A.R.S. § 1-215, by a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. § 49-426 or§49-480. (gg) food, beverages, condiments and accessories purchased by or for a public educational entity, Y pursuant to any of the provisions of Title 15, Arizona Revised Statutes; to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (hh) personal hygiene items purchased by a person engaged in the business of and subject to tax under Section 8A-444 of this code if the tangible personal property is furnished without additional charge to and intended to be consumed by the person during his occupancy. (ii) THE DIVERSION OF GAS FROM A PIPELINE BY A PERSON ENGAGED IN THE BUSINESS OF OPERATING A NATURAL OR ARTIFICIAL GAS PIPELINE, FOR THE SOLE PURPOSE OF FUELING COMPRESSOR EQUIPMENT TO PRESSURIZE THE PIPELINE,IS NOTASALE OF THE GAS TO THE OPERATOR OF THE PIPELINE. (jj) FOOD, BEVERAGES, CONDIMENTS AND ACCESSORIES PURCHASED BY OR FOR A NONPROFIT CHARITABLE ORGANIZATION THAT HAS QUALIFIED AS AN EXEMPT ORGANIZATION UNDER 26 U.S.0 SECTION 501(C)(3)AND REGULARLY SERVES MEALS TO THE NEEDY AND INDIGENT ON A CONTINUING BASIS AT NO COST. FOR THE PURPOSES OF THIS SUBSECTION,"ACCESSORIES"MEANS PAPER PLATES,PLASTIC EATING UTENSILS, NAPKINS, PAPER CUPS, DRINKING STRAWS, PAPER SACKS OR OTHER DISPOSABLE CONTAINERS, OR OTHER ITEMS WHICH FACILITATE THE CONSUMPTION OF THE FOOD. (kk) SALES OF MOTOR VEHICLES THAT USE ALTERNATIVE FUEL AS DEFINED IN A.R.S.SECTION 43-1086 ON OR AFTER MAY 5, 1999. 22 Section 15. Regulation 8A-100.4 of the Tax Code of the Town of Fountain Hills is amended to read: 46, Reg. 8A-100.4. Out-of-Town/Out-of-State Sales: Sales to Indians NATIVE AMERICANS. S Sales to Indians NATIVE AMERICANS or tribal councils by vendors located within the Town shall be deemed sales within the Town, unless all of the following conditions exist: (1) The vendor has properly accounted for such sales,in a manner similar to the recordkeeping requirements for out-of-Town sales; and, (2) All of the following elements of the sale exist: (A) solicitation and placement of the order occurs on the reservation; and (B) delivery is made to the reservation; and (C) payment originates from the reservation. L L 23 ORDINANCE NO. 99-32 AN ORDINANCE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 1999 AMENDMENTS TO THE TAX CODE OF THE TOWN OF FOUNTAIN HILLS" BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA: Section 1: That certain document known as "The 1999 Amendments to the Tax Code of the Town of Fountain Hills," three copies of which are on file in the office of the Town clerk of the Town of Fountain Hills, Arizona, which document was made a public record by Resolution No. of the Town of Fountain Hills, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. Section 2: Except as provided in Sections 3 and 4 of this ordinance, the provisions of this ordinance and the public record adopted herein are effective from and after December 31, 1999. Section 3: The following provisions of the public record adopted herein are retroactive to January 1, 1999: (a) Subsection (b)(3)of Section 8A-415. (b) Subsection (c)(1)(A)of Section 8A-416. (c) Subsection (b)(1)(A)of Section 8A-417. Section 4: The following provisions of the public record adopted herein are retroactive to May 5, 1999: (a) Subsection (c)(10)of Section 8A-450. (b) Subsection (kk)of Section 8A-465. (c) Subsection (kk)of Section 8A-660. Section 5: Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as herein above described. Section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of these amendments to the tax code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND`ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this t V-}-k. day of Nove.mhtA.1999. Mayor ATTEST: CAA.A..AA1 atAA-4.&) Town Clerk cre APPROVED AS TO FORM: c I✓ASS AIL t- l 9 L"1 MOTION �- (-� d� ( ✓ .G- SECOND Town Attorney ( COUNT —0 TOWN OF FOUNTAIN HILLS Lor MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior Plan —� DATE: November 10, 1999 SUBJECT: Consideration of a special use permit (SU99-10)for a Comprehensive Sign Plan located in FireRock Country Club. Staff has attached a copy of the staff report to the Planning and Zoning Commission for your review. Due to the time of the Planning and Zoning Commission meeting (Tuesday November 16, 1999) staff will not be able to update the Town Council through a written report. Staff will provide a verbal update of the Commissions concerns and recommendations at the November 18, 1999 Town Council meeting. Please see the attached staff report for specific details. L TOWN OF FOUNTAIN HILLS STAFF REPORT November 16, 1999 CASE NO: SU99-08 LOCATION: FireRock Country Club REQUEST: Consideration of approving a Special Use Permit for a Comprehensive Sign Plan for the FireRock Country Club Area Specific Plan. PROJECT MANAGER: Geir H. Sverdrup, Senior Planner DESCRIPTION: OWNER: FireRock L.L.C. APPLICANT: Dan Kelly for FireRock L.L.C. EXISTING ZONING: "R1-35 P.U.D.,R1-18 P.U.D.,M-1 P.U.D. &O.S.R." LOT SIZE: 808 Acres L SUMMARY: This request is for approval of a Special Use, which would allow FireRock Country Club to create a unique sign package for the project which permits signs not normally allowed by the sign code. The following is portions of Chapter 2, Section 2.02 regarding Special Use Permits and Chapter 6 of the Town of Fountain Hills Zoning Ordinance, which states the Town's regulations regarding signs. CODE REQUIREMENTS: CHAPTER 2 PROCEDURES 2.02 Special Use Permits. A. Purpose. Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district, but which,by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this ordinance to permit special uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum Staff Report SU99-10 FireRock Country Club Comprehensive Sign Plan November 16, 1999 Page 2 of 8 compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses. B. General Regulations. 1. Zoning district regulations established elsewhere in this ordinance specify that certain buildings, structures and uses of land may be allowed by the Town Council as conditional uses in a given district subject to the provisions of this section and to requirements set forth in district regulations. The Town Council is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon them. 2. Any building, structure or use existing on the effective date of this ordinance which is reclassified as a special use by this ordinance for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this ordinance, and its continuance shall not be subject to issuance of a special use permit; provided, however, to the extent that such use fails to conform to the requirements of this ordinance, it shall be considered nonconforming as described in section 4.01, and its continuance shall be governed by all nonconforming use regulations applicable thereto. 3. Every special use permit issued shall be applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the special use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this ordinance, shall become the responsibility of the property owner. C. Special Use Permit Application. Application for a use permit shall be filed with the Community Development Department on a form prescribed by the Community Development Director. The application shall be forwarded to the Planning and Zoning Commission by the Zoning Administrator, and when required by the Zoning Administrator, shall be accompanied by a detailed site plan prepared in accordance with Section 2.04 showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and Staff Report SU99-10 FireRock Country Club Comprehensive Sign Plan November 16, 1999 Page 3 of 8 requirements of this ordinance. An applicant shall furnish the Commission with any additional information it may consider relevant to investigation of the case. D. Commission Action and Findings. 1. It is the express intent of this ordinance that any use for which a special use permit is required shall be permitted in the particular zoning district, provided that all special conditions and requirements of this ordinance are met. Therefore, the action of the Commission shall be one of recommending approval or denial to the Town Council based upon its judgment as to whether the specified conditions have been or will be met. The Commission shall consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. The Commission may make such suggestions to the Town Council concerning ways a proposed project may be acceptable and compatible to the area. 2. Notice of the nature of the special use permit application and the date of the meeting at which it will be considered shall be posted on the property and shall be mailed to the owners of all real property within three hundred (300) feet of the external boundaries of the property for which application is made. The applicant shall be responsible for providing the names and addresses of these owners. *1 3. The Commission shall consider the application at the first regular meeting after the proper advertising procedures and period have been completed. The Commission, at this regularly scheduled meeting, shall either(1)make a recommendation to the Town Council, or continue the matter to a specified date (but not longer than sixty (60) days from the date of the original hearing). Within sixty (60) days after the date of the original hearing, the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the rationale for the recommendation. However, if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance, the matter shall be automatically forwarded to the Council with a recommendation for denial Lir Staff Report SU99-10 FireRock Country Club Comprehensive Sign Plan November 16, 1999 Page 4 of 8 4. It shall be the responsibility of the applicant to maintain the posting. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered and a general description of the area affected. 5. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety,peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town. 6. The Commission may recommend to the Town Council such conditions in connection with the use permit as it deems appropriate to secure the intent and purposes of this ordinance and may recommend such guarantees and evidence that such conditions are being or will be followed. 7. If the Commission finds that the application and supporting data do not indicate that all applicable conditions and requirements of this ordinance will be met, it may recommend denial of the special use permit. The Commission recommendation shall be mailed to the applicant at the address shown on the application. 8. Upon conclusion of the Commission's hearing, the Commission's recommendation shall be forwarded to the Town Council along with the application materials, staff report, written comments from the public, and minutes of the hearing. E. Council Action and Findings. 1. When the Town Council receives a recommendation from the Planning and Zoning Commission concerning a Special Use Permit application, it shall hear the request at the scheduled date and time specified in accordance to the Arizona Open Meeting Law, but no later than the next regularly scheduled meeting held at least eight(8) days after the Commission recommendation is received. The Council may adopt the Commission's recommendation, approve the Special Use Permit request with the conditions it deems Staff Report SU99-10 FireRock Country Club Comprehensive Sign Plan November 16, 1999 Page 5 of 8 appropriate, or deny the Special Use Permit. 2. The Council's decision shall be final and shall become effective immediately. Notice of the decision shall forthwith be mailed to the applicant at the address shown in the application. *3 F. Time Limits. 1. The Council may establish a time limitation for special use permits. A building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the Special Use Permit to become null and void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. There shall be no use permit fee for this extension request. 2. No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one(1)year from the date of denial of said use permit. G. Revocation. 1. Special use permits granted in accordance with the provisions of this ordinance may be revoked by the Town Council, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permittee of a violation of a special use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10) days after notification, the owner/tenant should be notified that the Town Council will consider revocation of the permit at its next meeting. 2. Any special use permit issued by the Town Council shall be considered null and void if construction does not conform to the originally approved site plan. Any requests for deviations from the originally approved site plan shall be processed as a new use permit. Staff Report SU99-10 FireRock Country Club Comprehensive Sign Plan November 16, 1999 Page 6 of 8 H. Fee. The application for a special use permit shall be accompanied by a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the office of the Town Clerk. No part of the filing fee shall be refundable. Payment of the filing fee shall be waived when the petitioner is the town, county, school district, state or federal government. Chapter 6 Sign Regulations 6.05 Master Planned Village Entry Signs Master developer entryway signs shall be allowed for Master Planned Villages (MPV) with fifty (50) acres or more subject to staff approval of a comprehensive sign package. Such signs shall be limited to a maximum sign area of sixty (60) square feet per sign. No more than two (2) such signs per entrance may be allowed; however, the total number of such signs shall not exceed the total number of entrances to the Master Planned Village. 6.06 Comprehensive Sign Plan A. A Comprehensive Sign Plan for a proposed or existing development may be approved by the Town Council with the granting of a Special Use Permit. The purpose of a Comprehensive Sign Plan is to provide for the establishment of signage criteria that are tailored to a specific development or location, and which may vary from specific Ordinance provisions. The intent is to provide for flexible sign criteria that promote superior design through architectural integration of the site, buildings and signs. B. A Comprehensive Sign Plan shall include the location, size, height, type of illumination, landscaping, time of placement and/ illumination, and orientation, of all proposed sign,either permanent or temporary. C. A Comprehensive Sign Plan containing elements which exceed the permitted height, area and number of signs specified in this ordinance,may be approved by the Town Council only upon finding that: 1. The development site contains unique or distinctive, in terms of physical scale, topography, land use, architectural, or historical characteristics, which Staff Report SU99-10 FireRock Country Club Comprehensive Sign Plan November 16, 1999 Page 7 of 8 makes the development separate or distinguishing features that represent a clear variation from conventional development, e.g., a master planned village, a shopping center,or a planned unit development. 2. The proposed signage incorporates special design features such as logos, emblems, murals, or statuaries that are integrated with the site and building architecture. 3. The proposed development must be at least forty (40) acres if it is a residential development and at least ten (10) acres if it is a non-residential development. If there is a mixture of residential and non-residential development,there must be at least forty(40) acres EVALUATION: This request is for approval of a special use permit to allow a Comprehensive Sign Plan in the FireRock Country Club Area Specific Plan. The applicant had been previously advised that a comprehensive sign plan would be required for the project if anything other than the standard signs were desired for the area. This application was applied for on September 20, 1999. The proposed signs are to be used to enhance the unique character of the FireRock Country Club. The proposed for this project are as shown on the location map. The entry monument sign will be located at the entrance of FireRock Country Club Drive and Shea Blvd. The proposed sign containing the FireRock verbiage and logo is proposed to be four feet in height+- six inches above grade. The entry area also contains site walls of similar height. The major issue with the entry monument is the proposed 18' tall structure. The structure has been designed in such a way as to take on the appearance of an indian ruin. The maximum height of the monument is to be 18' above grade. The applicant proposes to inscribe their logo at the top of the structure without verbiage. Staff measured the existing signs along Shea Blvd. The Towns monument sign at the entrance to the Town near the Beeline measures at a height of 6'6", the Eagle Mountain logo measures at 6'1" and the wall sign measures at 5'5". The entry sign at Palisades Blvd. And Shea Blvd. measures 4' 6". Town ordinances require that these monument signs have two square feet of landscaping for each one square foot of sign area (Town Ordinance Section 6.04.C.3). This landscaping shall be provided at the base of the signs. The applicant shall submit a landscape plan which indicates the appropriate amount of landscaping for the entry signs with the building permit application. The applicant also proposes a similar sign at the intersection of Palisades and Shea Blvd.s, however this Staff Report SU99-10 FireRock Country Club Comprehensive Sign Plan November 16, 1999 Page 8 of 8 would not include the monument. The remainder of the signs are permanent and temporary directional signs, informational and traffic control signs. These signs utilize cut stone and stone veneer to create the unique character desired by the applicant. The main concern with this application is the 18'tall monument. This is the largest entry feature yet proposed for a permanent entry feature. The art along Shea Blvd. near MCO Realty comes close to this height. The actual sign is 4.5 feet in height above grade. The monument will be adjacent to 30' tall traffic signal poles. The proposed monument is located within the "M-1 PUD" zoning district which requires a 20' or height of the building setback. As the monument is proposed to be 18' in height it should be required to meet the 20' setback. If the sign walls are located within the street side setback they should be 42" or less in height. The applicant is proposing a sign package which will enhance the community as the signs will provide a unique visual feature as one passes through the project. The signs are not proposed to be illuminated. The signs are to be integrated into the community utilizing the same construction materials found in the sales center, gate-house and clubhouse. RECOMMENDATION: Based on Town Ordinance Section 6.06 Comprehensive Sign Plan staff finds that this request is consistent with the intent of this section of the ordinance and therefore recommends approval of SU99-10 Comprehensive Sign Plan for the FireRock Country Club subject to the following stipulations 1. Submittal of a landscape plan which meets the requirements of Ordinance Section 6.04.C.3 requiring two sq. ft. of landscaping for each one sq. ft. of sign area. 2. Any signs, site walls within the required 20' setback shall not be taller than 42" 3. The 18' tall monument shall be located behind the 20 street side setback. 4. Entry signs shall be limited to 60 sq. ft. per sign. L Town of Fountain Hills Memorandum DATE: November 12, 1999 TO: The Honorable Mayor and Common Council FROM: Je fre Val l , Community Development Direct6 THROUGH: Pa ' i • . ,Town Manager SUBJECT: Deveepment ees Over the past few weeks staff has discussed the possibility of utilizing development fees for the Town. State law enables towns and cities within Arizona to utilize development fees for a variety of purposes. Many other towns and cities within Arizona utilize development fees to ensure that new development pays for its share of public infrastructure and services. Development fees are now being collected by various towns and cities within the state that include,but are not limited to, fees for major arterial roads, arterial roads,traffic signals, water availability, water systems, water resource systems, sewer systems,reclaimed water systems, parks,libraries, library books, fire protection facilities,police facilities, sanitation facilities, public buildings, open space acquisition, schools, and general government. Early next week staff will provide you with a summary of the types of development fees now utilized by every town and city in Maricopa County. This summary should provide the Council with a good review of the types and amounts of fees that are now being charged. The types and amounts of fees may vary greatly from one municipality to the next depending on the individual characteristics and needs of that municipality. Staff believes that the Town would benefit from a thorough, outside review of the various types of development fees and their application for use in Fountain Hills. Staff would welcome direction from the Council to direct staff to contract with a consultant to study the application of development fees for the Town of Fountain Hills. L Chron 277 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Jim Leubner, Engineer/Plan Reviewer OL.— REVIEWED: To, a . Acting Town Engineer jilid) 014 THROUGH: Pa, 1 • ddin, Town Manager DATE: Nov, ber ,9, 1999 RE: Grant of Easements EAA99-06 13808 N. El Pueblo Blvd. Lot 5, Dialer Subdivision Allyn &Sharon Kallock The property owners, Allyn and Sharon Kallock, have granted both "No-Build and "Public Utility" Easements on Lot 5 of the Dittler Subdivision Plat, as shown in the attached legal descriptions and maps. Based on clearance requirements stated in the National Electrical Safety Code, SRP had requested to the Town that the existing 10' wide Public Utility Easement be increased to 28' wide, measured 14' wide on each side of the existing Electric Pole centerline. The building permit for Lot 5 has been issued with an approved Engineered site plan that shows the future 28' wide Public Utility Easement and the home is located outside of this proposed easement. The builder, Allen-West, has requested the "No Build" Easement as a provision to maintain privacy for the adjacent lots. In accordance with our previous practice, no Council action is required. This memo is merely to advise the Council that the easements have been acquired. cc: Allyn & Sharon Kallock Dana Burkhardt, Planner L G:\Easement Memo\EAA99-06.Grant of Easement No Build-Public Utility 13808 N.El Pueblo Blvd.Kallock.doc When Recorded Return To: (lbw Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 ll\ 17 Sl,�, 'C^j\ GRANT OF EASEMENT grantor, for good and valuable consideration, hereby ants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, and to public utilities, a perpetual easement for the following purposes, namely: 13808 N. El Pueblo, Lot 5, Dittler. Subdivision No-Build Easement and ..SeC c ��j Public Utility Easement on, over, under and across the ground embraced within the aforementioned plat as described in Exhibit "A" and as depicted in Exhibit "B", situated in the Town of Fountain Hills, State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. gJX Dated this'G/ day of (, . , 1999. By: B 4 ,( STATE OF ARIZONA ) ss. County of Maricopa ) 0d-‘�SUBSCRIBEDAND SWORN TO BE before me this:. ay of 4df';(_ 1999, by /` rC/ �' :/ 7- 1 Notary Public My C ion EisigiahEAL • ;BARBARA A.SUDDERTH i ' ` _ NOTARY PUBUC-ARIZONA No'�`'' MARICOPA COUNTY ce O My Comm.expires Sept 17,2001 L EXHIBIT"A" No-Build Easement Dittler Subdivision Lot 5 A part of Dittler Subdivision Lot 5 as recorded in Book 487, Page 28, Maricopa County Records, Maricopa County, Arizona, more particularly described as follows: Beginning at the Northeast corner of said Lot 5; Thence South 06 degrees 24 minutes 39 seconds West along the East line of said Lot 5 a distance of 80.11 feet to a point; Thence departing said line North 83 degrees 35 minutes 21 seconds West a distance of 85.00 feet to a point on the North line of said Lot 5, said point also being an angle point; Thence North 06 degrees 24 minutes 39 seconds East along a line of said Lot 5 a distance of 80.00 feet to a point; Thence South 83 degrees 40 minutes 00 seconds East a distance of 85.00 feet along a North line of said Lot 5 to the Point of Beginning. Containing 6804.88 square feet, more or less, subject to all existing easements. I� 4 �\ a 21549 IDAVID R. MONTGOMERY L NO BUILD EASEMENT Fountain Hills Arizona 0\7,Sz Final Plat DITTLER SUBDIVISION ,1 LOT 5 ,,,,,tbssion., ..,,,,,,. ....._ E\-/ _f- --� SCALE: 1" = 50' ..., a ‘I �!* . , .0,„ . o • --<N____ i tai3O =24'30'49" "c 2154• • • L=195.95' I Dnwo a , ONTGOMERY R=458.00 f w QMC 2?-1V IIO -Heed..•'. \ N29'20'00"W jr�;` 44I2oha,u�.P. \ 27.00' f \ , LOT 4 \ 1 \il ' ` ...% I v l.p. N-' .v-\ Jal LOT 5 ' \ \\ ., N0674 0 00' co f\ cl f Y'f2'C.e 3 `j ;CAZ y t ▪ .tYl c 'Y . O ,EAria ci 1, : r � �,,; LOT 1 \\ col .y j ter . ' o S06 26'53" cit.—I , : , ''co 49.00' ▪ H • ;-;• 80.i 1' -2 39"W PARCEL A Q. FOR T A NCiA'I REEK�,A Ti ego ON L EXHIBIT`B" Public Utility Easement Dittler Subdivision Lot 5 A part of Dittler Subdivision Lot 5 as recorded in Book 487, Page 28, Maricopa County Records, Maricopa County, Arizona, more particularly described as follows: Beginning at the Southwest corner of said Lot 5; Thence North 61 degrees 24 minutes 20 seconds East along the South line of said Lot 5 a distance of 27.17 feet to the Point of Beginning; Thence departing said line North 19 degrees 36 minutes 58 seconds West a distance of 205.55 feet to a point on the North line of said Lot 5; Thence South 83 degrees 40 minutes 00 seconds East along said line a distance of 31.14 feet to a point; Thence departing said line South 19 degrees 36 minutes 58 seconds East a distance of 187.50 feet to a point on the South line of said Lot 5; Thence South 61 degrees 24 minutes 20 seconds West along said line a distance of 28.35 feet to the True Point of Beginning. Containing 5502.82 square feet, more or less, subject to all existing easements. 21549 4 DAM L10NTGQMERy 441zoNA,11 Y P L PUBLIC UTILITY EASEMENT Fountain Hills Arizona \31 Final Plat DITTLER SUBDIVISION m�� LOT 5 =24'30'49' L=195.95' v -R� - - -- - - - - R=458.00 �E8L0 1'i - ELj - \., /- N29'20100"W __ -- - 7 SCALE: 1" = 50' 27.00' _ ,Kral° 193 5-� . I ��/ ° ��/' N� .:.Y' c 21549 N61'24'20"E r— � OAVID R. �/ 27.17' MONTGOMERY s19-5 ,c.., Sa`0 s t• . Is ��'J 3 .; LOT 4 ,i -2 - I 1a `/ G '� sr"` I LOT 5 ` LNO6•2 ' " E \ ,cN � o o `b\ ►�� ; LOT 1 o__A\` S06 26'S3"W 'co 49.00~�- io 115.12 OSOS 6 24'39"W-- P4RCEI A 0 FORT t, r " SERVA 7eti