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2001.0621.TCREM.Packet
�11N$1 NOTICE OF REGULAR AND EXECUTIVE (riw. O4 o SESSION OF THE a 0 FOUNTAIN HILLS TOWN COUNCIL t0. hat is A0P Mayor Morgan Councilman McNeill Councilwoman Hutcheson Vice Mayor Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: THURSDAY, JUNE 21, 2001 TIME: 5:30 P.M. (THE COUNCIL WILL BE IN EXECUTIVE SESSION FROM 5:30 P.M. TO 6:30 P.M. THE REGULAR SESSION WILL BEGIN PROMPTLY AT 6:30 P.M.) WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B (kw • RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please adhere to the following rules of order if you wish to speak: 1.) All citizens wishing to speak must first be recognized by the Mayor. 2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3.) Please stand,approach the microphone and state your name and address after being called on to speak. 4.) All comments must be directed to the Mayor. 5.) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6.) Statements should not be repetitive. 7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • ROLL CALL 1.) Pursuant to A.R.S. §38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION for 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 with BNY for recovery of investment funds. 2.) RETURN TO REGULAR SESSION Town Council Meeting Agenda Regular Session March 1,2001 • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION—Father Tot O'Dea from the Church of the Ascension Catholic 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. *1.) Consideration of APPROVING THE MEETING MINUTES of June 7, 2001. *2.) Consideration of the SPECIAL EVENT REQUEST submitted by Kenny Krell on behalf of 3 disciplines racing for the Jingle Bell Run scheduled for Sunday, December 16, 2001 from 4:45 p.m. to 6:30 p.m. The event will require street closures at: Avenue of the Fountains from Verde River to Saguaro; Saguaro from Palisades to El Lago. *3.) Consideration of the SPECIAL EVENT REQUEST submitted by Lee Robinson for the Church of the Ascension Catholic Church for a 25th Anniversary Celebration scheduled for Sunday, November 18, 2001 from 11:00 a.m. to 4:00 p.m. The event includes an outdoor mass and picnic in Fountain Park and will require the closure of Saguaro Boulevard from 10:00 a.m. to 1:00 p.m. *4.) Consideration of RESOLUTION 2001-29 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the southerly property line of Plat (111, 431,Block 2,Lot 4, (15232 E. Delray Drive)as recorded in Book 151 of Maps,Page 43 records of Maricopa County,Arizona. (John Bucur)EA01-12 • *5.) Consideration of the RENEWAL of the Annual Mowing & Landscape Contract for fiscal year 2001-2002. *6.) Consideration of RENEWING THE CONTRACT with Cereus Graphics, Inc. (formerly Commercial Lithographers, Inc.) to print the Compass and Just 4 Teens Newsletters during fiscal year 2001-2002. 7.) Consideration of RESOLUTION 2001-31 ordering the sale of not to exceed $6,000,000 principal amount of Town of Fountain Hills, Arizona, General Obligation Bonds, Project of 1997, Series 2001, and declaring an emergency. 8.) Consideration of RESOLUTION 2001-32 approving the issuance and sale of Town of Fountain Hills, Arizona, Municipal Property Corporation municipal facilities revenue bonds, Series 2001, and authorizing the execution and delivery of documents relative to such sale. 9.) Consideration of RESOLUTION 2001-33 establishing a policy for Town-owned wash management and maintenance. 10.) CALL TO THE PUBLIC. Pursuant to A.R.S.§38-431-01(G),public comment is permitted(not required)on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is"subject to reasonable time, space and manner restrictions"and the Council will not (1100" discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may respond to criticism,ask staff to review a matter or ask that a matter be put on a future agenda. Town of Fountain Hills Page 2 of 3 Last printed 06/15/01 10:56 AM Town Council Meeting Agenda Regular Session June 21,2001 11.) ADJOURNMENT. DATED this 15th day of June,2001 Cassie B. Hansen,Director of Administration/Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Suppoiting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. L L Town of Fountain Hills Page 3 of 3 Last printed 06/15/01 10:41 AM June 14,2001 (610, Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: 06/14/01 Re: AGENDA ITEM #2— SPECIAL EVENT REQUEST—JINGLE BELL RUN AGENDA ITEM #3—SPECIAL EVENT REQUEST—CATHOLIC CHURCH AGENDA ITEM #2— SPECIAL EVENT REQUEST FOR THE ANNUAL JINGLE BELL RUN Kenny Krell has submitted a special event request application for the annual Jingle Bell Run to be held on Sunday, December 16, 2001, from 4:45 p.m. to 6:30 p.m. This is the third year for this increa ; event that raises funds for the High School cross country and track pr• II used participation last year, Marshal Gendler has worked with Kenny isN of �' hich in addition to the closure of the Avenue of the Fountains • t• �a Sa r, includes the closure of Saguaro Boulevard between Palisades • a La`go. Acertificateinsurance will be filed prior to the event. Staff recommends • fitr4 proval. g :. #1:31 JIAL,r NT REQUEST FOR THE CHURCH OF THE ASCENSION '"�°.ANNIV SA MASS A b CNIC 744-1. *x a Robinson hassubmitted a special event request on behalf of the Church of the Ascension th© xhuclor5tnniv, �., '�ry Celebration scheduled for Sunday, November 18, 2001. The e t it ` ud an t do. ss by Bishop O'Brien and a picnic following the mass. The event is so u • o 1 approximately 4:00 p.m. Since 1,200 to 1,500 hundred people are expecte r e mass between 10:00 a.m. and 11:00 a.m., Saguaro Boulevard will be closed between El Lago and Parkview from 10:00 a.m. to 1:00 p.m. A patrol car will be stationed on Saguaro after the street is reopened to insure pedestrian safety as participants leave the park throughout the afternoon. A park permit has been obtained for the event and a certificate naming the Parks and Recreation Department and the Town as additional protected parties. Based on the provisions made for public safety and the limited time that Saguaro will be closed, staff recommends approval. (tily Page 1 of 1 Agenda Items 6/21/01 Last printed 06/14/01 3:06 PM 06/14/01 Marshals Department L Memo To: Cassie Hansen, Administration From: Steve Gendler, Law Enforcement ix". Date: 6/12/2001 Re: Special Event Request-Jingle Bell Run The purpose of this memorandum is to endorse the attached request from Mr. Ken Krell regarding the "Jingle Bell Run" scheduled for Sunday, December 16th. While this is being submitted far in advance of the date, the timing is necessary to provide sufficient time for planning and organizing the event. Background: This would represent the third annual "Jingle Bell Run" and involves a significantly larger number of participants that the previous two. While we were able to accommodate the first race without closing saguaro, our experience with the second race indicated that a road closure is absolutely necessary. In discussing my safety concerns with Mr. Krell, he has made certain modifications that address the issues we have raised. As envisioned, the public safety plan for this event would have the following provisions: 1. Road Closures would involve Avenue of the Fountains at Verde River and Saguaro from 4pm to 7pm as well as Saguaro at Palisades, Parkview and El Lago from 4:30pm to 6pm to accommodate the event. 2. The event's time would be moved up so that registration was completed in a timely manner and the 5k race goes off no later than 4:45pm. 3. The Saguaro closures would be opened as soon as the 5k runners had cleared the course and under no circumstances later than 6pm. 4. Parking for participants and spectators would be on Avenue of the Fountains west of Verde River or in the paved lots between Avenue of the Fountains and Palisades. Additional Considerations: The impact on local business interests would be minimized by the fact that this is scheduled for late afternoon on a Sunday. The impact on traffic would be held to a minimum by limiting the time that Saguaro was closed and would not constitute a "major event" under the town's new ordinance. The Marshals Department will only be assigning officers to the event during the time that Saguaro is closed since the rest of the event is relatively self-contained. Recommendation: Based on the fact that previous "Jingle Bell Runs" have been free of accidents or incidents, as well as the fact that Mr. Krell has addressed our concerns over safety by making modifications in the time and street closures, I recommend approval by the Council. RECEIVED APR 182001 FOUNTAIN HILLS To: Bev TOWN CLERK (kW From: Kenny Krell 3 disciplines racing Re: 3th annual Jingle Bell Run April 17, 2001 Hi Bev, attached is the special event request for both the 3rd annual Jingle Bell run and the 9th Annual Mountain to Fountain run. I will be departing g for MiPhi Vr► nn Wy 15th right after track season until August so I wanted to get these in now. Information on the Jingle Bell run: it has done exactly what I had envisioned. There is nothing else in the state like it during the holiday and the word definitely got around quickly. We had 508 total last year. Of that 508 just under half actually had multiple family members participate as well. It truly has become that family event I wanted it to. We anticipate it to grow again by another 200 or so to take it to 700. The officer on duty last year recommended as I will request that we get Saguaro closed at 4:40 p.m. and re open it at about 5:45 between El Lago and Palisades. He said with the 500 people it was just to spread out to do the rolling stop that worked so well in the first year. As far as the rest everything will be the same just on a bigger level. Santa will be there,the Christmas lights,Christmas music,candy canes,jingle bells for everyone's shoes, etc. I would like to get the restaurants in the area to get involved more this year somehow. I think it is a great opportunity for them to get the families in for dinner after the event. Regarding the Mountain to Fountain run, all is the same for that event,everything went (kw well,the new location is great. We did not interfere with the Great Fair in any way. I will work with the Chamber of Commerce to see what type of things we can do to work together on the promotion side of things. I have also attached a really quick map of both events. If you need to get a hold of me while I am in Michigan please email me at kenny3disciplines@netzero.net or 517-739-8934. Thanks and Good Health, Sincerely, Kenny Krell FHHS Cross Country/Track coach 3 Disciplines racing L """... RECEIVED • 414 APR 1 8 2001 likITALtv V FOUNTAIN HILLS (itiv -: ill Nkfcp Tama of Toatratim Ma TOWN CLERK aI . 8e.14' �n, 44 Special Event Request tbat is ; Name of Event Coordinator friAI tGL�// Address: P O. £o X /7 o/ ''‘)IN/Miv /4;//s ,CZ 4 9 Telephone: (residence) V8O -•8.3 G -4'4/3 2— (business) ~ ` . . 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: 3 discrphves R#9cgiil G7 Telephone: YIt) J V3i Address of Headquarters:_'• v► /.hoar / 93 e/ v f .i i/ 14 Ws 141-t. Description of Event: 3(" I4 (low 1 I`/A/UA I Fa 0N/741 N M HIS 7i e- eeil ei, Purpose of Event Fiti1/cy %. cdv,rii' f4 lv CROSS -co y/f12.4e—k Q MS. Location of Event:.VEANE op- F"'Dui+lmidS (Attach map or diagram of area to be used for event) Date of Event: Beginning Fim '/ %' .eri. Ending Time: 4 'g0 What portion of the roadway, if any, will the event occupy'SA G 114 ads !n ie Al PAUS*( ES V- EC.. 4,460 Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: 7OQ 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: / /o l/c is- ,,,, Supplies and Services: 344.ofjedreadeS @ /4/1/14.4.sechadtkr Vehicles and Other Equipment• •Iiii. sow c------------ .. _—...... 1§7,4,. • . , ....\__. ,..,,,,,7e- • , _____._...,----.,_.,_L._.._,, ----;---7.*-----, 44-1/4 • (itito ...., * -......___ / _.„.',, • , / ai A 3NW uliL . oi \ ,z •f 'FO ONI7141a 1411 IC (1 iii • 1 \ '''. \ • \ , . , I laqui;l6rLE 8514 Rutl , r . 1, , • , / ' i #11 i \'''.----..., ,..- ...- J • i 1 • ake_ i ‘ , 1 „ .., • i , . . .., . . . . . • • „ , . . , ,7,..,-•-..,,,..,„,-4,,,,,,,,,,,,,,-.7,tt,„ : ,- , . .. . , ; -. . .. (4b it cw ,__.,-/*- ---\ \ / , ii-, , ,. • • • . . • • , _.... - CSAattARO o. 4 4., logo i _ r........__A, / A-----Tt r----- - - - —— -—------1 si ter 4 1 , 1 1 iroughl;As 'I', 1 4 1 BiKG lane_ f , SrAe.r FIOISII ; kfi h t lii IP , CI Cores 0 . . ..... . . A.ct ( .5 ( -8Arricades -1— ir----A -...I t 1 , LU i } 1 ' , 1 1 , 1 ) I ? i I 11 t Co) , 1 , L / t i FUN rvoiwalk i , I 1 I 1 "Illih.a i 1 ." '414 VIIIL '1141%. ‘ f • • , .""'", • . RECEIVED 11 MIV I °"~ MAY 0 3 2001 4iio 11® � ®� ® a Il1lllJlJl� FTOWNOUNTAIN HILLS OUNT CLERK `� • � ten, 4 Special Event Request that is ASO' Name of Event Coordinator e e /co 1, 0 s a Address: / ri/r L', cir'cam /YOGI rye 7 r`n / , llrr z ; g-j z4 Telephone: (residence) Yr4 - r3 7-- r Yc 9' (business)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' TAP ifeek c: n T`I '/;c Telephone: vrd-r-32/OGg C4 Kfe. Z4/ Address of Headquarte • 3 , G 6;?.c , Description of Purpose of Event: '�S` G� ���s4 C'.e /4 Li-75'O Location of Event: a 1-i r / (Attach map or diagram of area to be used for event) Date of Event: /1/4 0/ BeginningTime: /j��a d/F' o Ending Time: � � "Ari, What portion of the roadway, if any, will the event occupy' e • Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: 4 p/o,- /zda - /Cc"v //e,i7-e 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: Supplies and Services: Vehicles and Other Equipment• REVISED '•R. 3 Y t('.'1.:xaY '"\ d" �'bP d Y3 q:. ?<'..�„}E.. Rku" ^`: 'iRwR .�... �,�>,s>� r., >;., a�RR;:� i ,�3,�c.•u; �a�x, d,:sxa�.3+ ��c><x,.� � a:A >s.� Certificate of Coverage _ ate 4/23/2001 err'r d „¢•?,..:.y y<t¢. 'j tx.rTx ...s.. ..:iv..s': : a .:<:" -.,. >:.:,.xac ..,:c es.- '.ds:-y .�Z�.,Gf.i¢m f...>.,.....s«,..0,....w.,.w,<.,.'�...xc..,..0:.EC F�u,e_:Y.'_.53`:k,M�'S..S.>3.F i;�\s kS d>`st.�:...,.,..:.�i.......;.C.,n•..�'�k....:a.a,..:e..,.,F,.,.S,;c.A.;..-'a,.�..6M..c.£.x,-S�..f.0 c:a,.F..oX£.:.;I}.:.i��v.S.aR;..,.i'�R...xeacY.:,.,.F.xx.o.E.�..<.S&,kZ:lJ.,4�ra.s��..._.:5a.�.t?-..;.,,�r.xa,...c..%._o"4.1.;a,a:x.<.oxn'��.E;,�txk.s.S..'d'kn<�x,.t,,.rg x4:.,.b.E k3......�..".:.�,xa..g,,,x../.raa_.Y:�c;F.REE-+.EEt��u:,n.....o.�.,..r..i.��'�?.cN x`.II-aS,�..k'f.�.A.:.i..�.:xY.,3u...,..,>.a*?.»C,..�.in.,fi....3.?o.,:.•�:�°'�.1 v^X:E:x.F.:.2�r...�,.4<�..c.,:.Go..'.L:xo..<.r...de;y x:(yyaxYp��...c3>,<.c.s...:E,.;;v�:'.S..x,,P(..R;_E:;k:..�Qx.dL�'..ir.Ez4;. - ,,.t,as n..... Certificate Holder This Certificate is issued as a matter of information only and Roman Catholic Church of the Diocese of Phoenix confers no rights upon the holder of this certificate.This certificate Niprocesan Office does not amend,extend or alter the coverage afforded below. 400 East Monroe Phoenix,AZ 85004 Company Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY Covered Location 4223 CENTER ST Church of the Ascension OMAHA, NE 68105 12615 Fountain Hills Blvd. Fountain Hills,AZ 85268 overages. • xc,a>. ,AC :v.,, This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated,notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the coverage afforded described herein is subject to all the terms,exclusions and conditions of such coverage.Limits shown may have been reduced by paid claims. Coverage Effective Coverage Expiration Type of Coverage Certificate Number Date Date Limits Property Real&Personal Property General Liability General Aggregate Products-Comp/OP Agg ® Occurrence 8582 7/1/2001 7/1/2002 Personal&Adv Injury Claims Made Each Occurrence $560,000 Fire Damage(Any one fire) Med Exp(Any one person) Excess Liability 8582 7/1/2001 7/1/2002 Each Occurrence $500,000 Other Each Occurrence Description of Operations/Locations/Vehicles/Special Items Coverage only extends to Fountain Hills Unified School District for claims arising out of Church of the Ascension's Liturgy Celebration of 25th Anniversary-Bishop O'Brien Residers-Fr.T.O'Dea,November 17,2001, and November 18,2001. Total Liability$1,000,000 per occurrence. ..«"'�`',.; .'e �«;.�'�°"'�.;,<,w�. {:.'i?�"�a� _..� .� �'�..:-�.;F� S.. '�.ram c Y;, �.x s ��a ,,>_.- � a t� E-„I older older of Certificate ancellation Additional Protected Person(s) Should any of the above described coverages be cancelled Fountain Hills Unified School District before the expiration date thereof,the issuing company will marks&Recreation Department endeavor to mail 30 days written notice to the holder of certificate named to the left,but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Authorized Representative tt.0269000388 ENDORSEMENT (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement 11/17/2001 Charge Credit Cancellation Date of Endorsement 11/19/2001 Certificate Holder The Roman Catholic Church of the Diocese of Phoenix Diocesan Office 400 East Monroe Phoenix,AZ 85004 Certificate No. 8582 of The Catholic Mutual Relief Society is amended as follows: SECTION II-ADDITIONAL PROTECTED PERSON(S) It is understood and agreed that Section II-Liability(only with respect to Coverage D-General Liability,Coverage F-Medical Payments to Others and Coverage H-Counseling Errors and Omissions)is amended to include as an Additional Protected Person(s)members of the organizations shown in the schedule,but only with respect to their liability for the Protected Person(s)activities or activities they perform on behalf of the Protected Person(s). It is further understood and agreed that coverage extended under this endorsement is limited to and applies only with respect to liability assumed by contract or agreement;and this extension of coverage shall not enlarge the scope of coverage provided under this certificate or increase the limit of liability thereunder. Unless otherwise agreed by contract or agreement,coverage extended under this endorsement to the Additional Protected Person(s)will not precede the effective date of this certificate of coverage endorsement or extend beyond the cancellation date. Schedule-ADDITIONAL PROTECTED PERSON(S) Fountain Hills Unified School District Parks&Recreation Department Town of Fountain Hills Remarks: Coverage only extends to Fountain Hills Unified School District for claims arising out of Church of the Ascension's Liturgy Celebration of 25th Anniversary-Bishop O'Brien Residers-Fr.T. O'Dea,November 17,2001,and November 18,2001. Total Liability$1,000,000 per occurrence. Au orized Representative PKS-122(1-99) 1 Chron 138 (kW grill IP Town of FOUNTAIN HILLS = o Engineering Department wthat MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Ciil Engineer REVIEWED: Randy Har el, Town` ngineer THROUGH: Paul L. Nord, ,) ) anager DATE: June 14, 2001'\ RE: Easement Abandonment 01-12; Resolution 2001-29 15232 E. Delray Drive Plat 431, Block 2, Lot 4 John Bucur L This Easement Abandonment was to be introduced on the Town Council's agenda of June 7, 2001, but the Engineering Department had additional concerns and issues that needed to be confirmed. At that time we decided to remove the easement abandonment from that agenda. However, those concerns have been resolved and it is the Engineering Department's professional opinion that there is no need to retain the easement. The Town Council will on their agenda of June 21, 2001, officially consider abandonment. This item on the Town Council's agenda is a proposal to abandon the twenty (20) foot public utility and drainage easements located at the southerly property line of Lot 4, Block 2, Plat 431, (15232 E. Delray Drive) as shown in Exhibit "A". The property owner of Lot 4 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 4 is required to pass the developed flows generated by the upstream lots across their property. EA01-12;Plat 431,Blk 2,Lot 4(15232 E.Delray Dr.)Bucur 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 2 Chron 138 L All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-_. jb Aft. cc: John Bucur B. Killeen M/M Yocum L L EA01-12;Plat 431,Bllc 2,Lot 4(15232 E.Delray Dr.)Bucur 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 When recorded, return to: iiistngineering Department own of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-29 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TWENTY (20') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF LOT 4, BLOCK 2, OF PLAT 431, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 151 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means;(10/HEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of the certain twenty (20) foot public utility and drainage easements, located along the southerly property lot line of Plat 431, Block 2, Lot 4, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 151 of maps, page 43 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 4 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. (kw Resolution 2001-29 Page 1 of 2 PASSED AND ADOPTED this 21 st day of June 2001. ATTEST: FOR T TOWN OF NTAIN HILLS Citk4413 Cassie B. Hansen, Town Clerk Sharon Morgan, Mayor REVIE ED Y. APPROVED AS TO FORM: /ff .AL.A.401 a 572A,11/ au L. No in, Town Manager WI iam E. Farrell, Town Attorney (thy La, Resolution 2001-29 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 431 BLOCK 2 LOT 4 PLAT 431 BOOK 151 ,goo PAGE 43 AD 0 \o 'i11* 4V so C 8 �Soo� �,C'P • o ,/ � LOT 5 4,, r 20' 04 ` \ P.U.E. 'ry BLOCK 2 N & D.E. LOT 4 ( ` I ABANDON 20' h , P.U.E. & D.E. i0 ,\6) a /% LOT o/1/ 4:8 300 27', N P.U. & D.E. ---".... PARCEL \ ` 0 \ \ti NK- 41-1 J' \ \ Aict e lu545 0 SCALE: 1"=40' \ ;r I'hN1 . . DATE: 5-22-01 , "S�e„e.,: t,., \ tr. MEMORANDUM TO: Honorable . •r Sh. • Morgan and Town Council THROUGH: Paul L.Nor+ ►, • ' anager FROM: Bryan -:oI •=.: on Coordinator Tom Ware, a► ger •1 Contracts &Cons i n 'leer DATE: June 13,2001 RE: Renewal of the Annual Landscaping Contract(Bid#99-020) The current contract period for the Annual Landscape Contract is from July 1, 2000 through June 30, 2001. The contract is renewable on a yearly basis for up to four (4) additional years, and FY 2001-2002 will be the second renewal of the contract. This contract is unique because it combines all Parks & Recreation facilities, Fountain Hills Unified School District properties, and all Town facilities including medians and rights-of-way. The contract includes five (5) separate bid sections: I) Mowing, Landscaping and Irrigation Maintenance; II) Landscape and Irrigation Construction; III) Spraying; IV) Palm Tree Trimming; and V) Overseeding. Bidders were allowed to bid one or all areas or any combination of bid sections. The only addition to the contract Staff is requesting is $1,552.50. This contract increase is for post- and pre-emergent spraying at Golden Eagle Park, which was not in the original contract. There will be no other additional maintenance responsibilities included in the contract for the upcoming year. We are, however, requesting that Section II—Landscape and Irrigation Construction be removed from the contract since it is related to construction and not maintenance. Sage Landscape has been notified that this portion of the contact will be deleted. Additionally, the Annual Landscape Contract will increase 4.3% ($21,757.69) in accordance with the January US Department of Labor — Consumer Price Index for West Urban Consumers. RECOMMENDATION Staff recommends approval of renewing the Annual Landscape Contract (Bid#99-020) as indicated below for a period of one year (July 1, 2001 through June 30, 2002) to the below listed contractors: Contract Title Contractor FY 99-00 FY 00-01 FY 01-02 Section Contract Contract Contract I Mowing,Landscape& TruGreen Landcare $290,636 $385,233.91 $401,798.97 Irrigation Maintenance II Landscape&Irrigation Sage Landscape $150,985.50 $157,628.86 $0.00 Construction Contractors III Spraying Carter Weed Control $31,744.25 $47,730.90 $51,402.58 IV Palm Tree Trimming Green &Growing $11,500 $17,158.14 $17,895.94 Landscaping (be V Overseeding TruGreen Landcare $50,474 $54,317.23 $56,652.87 cc: Tom Ward Julie Ghetti Betty Brannon Rich Dobson,FHUSD TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Mayor .nd own ouncil THROUGH: Paul L. No I i " o n Manager FROM: Bryan C. • Deputy Director of ' - :.tion DATE: June 13, 2001 RE: Renewal of the Compass and Just 4 Teens Newsletters (Bid#PR99-021) On July 27, 1999, the Council approved of a contract to print the COMPASS and JUST 4 TEENS newsletters ("Contract") for a period of three (3) years. The current contract period is from July 1, 2000 through June 30, 2001, and FY 2001-2002 will be the second renewal of the contract. The COMPASS newsletter saw several enhancements over the last year, some of which were the Caw increase in the number of pages from eight to 12, and going from a two-color process to a four- color process. Additionally, this fiscal year approximately 9,200 residents received the Compass newsletter and next fiscal year approximately 10,500 residents will receive the Compass newsletter. The only significant change to the contract will be the increase in the number of issues from 9,600 to 11,000. The Town continues to receive many compliments on the Compass newsletter, so it seems to be well received in the community. The Compass newsletter will result in an increase to the contract of$4,150. The JUST 4 TEENS newsletter also saw several enhancements during Fiscal Year 2000-2001, some of which were an increase in size from 2-pages to 4-pages and increased distribution from 200 copies per issue to 500 copies per issue. The JUST 4 TEENS newsletter has become Parks and Recreation's most direct form of communication with the Town's youth and teens. There will be no significant changes to the Just 4 Teens newsletter next fiscal year. The Contract will increase 4.3% in accordance with the January U.S. Department of Labor — Consumer Price Index for West Urban Consumers. This will result in an increase to the contract of$ . No.of Pages No.of Copies/Issue No.of Issues Cost With Tax Compass Just 4 Teens Compass Just 4 Teens Compass Just 4 Teens Compass Just 4 Teens FY 99-00 8 2 9,200 200 5 10 $18,138.24 $964.80 FY 00-01 12 4 9,600 500 6 12 $34,089.60 $2,955.50 LFY 01-02 12 4 11,000 500 6 12 $37,038.04 $3,082.59 Page 1 of 2 L RECOMMENDATION Staff recommends approval of renewing the COMPASS and JUST 4 TEENS newsletters Contract (Bid#PR99-021) for a period of one year (July 1, 2001 through June 30, 2002). CONTRACT BREAKDOWN COMPASS newsletter: $35,511.06 JUST 4 TEENS newsletter: 2,955.50 Subtotal: $40,120.63 CPI—4.3%: 1,725.19 TOTAL $41,845.82 L L Page2of2 • RESOLUTION NO. 2001-31 L RESOLUTION ORDERING THE SALE OF NOT TO EXCEED $6,000,000 PRINCIPAL AMOUNT OF TOWN OF FOUNTAIN HILLS, ARIZONA, GENERAL OBLIGATION BONDS,PROJECT OF 1997, SERIES 2001,AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA, as follows: Section 1. Town of Fountain Hills, Arizona, General Obligation Bonds, Project of 1997, Series 2001 (the "Bonds"), in the principal amount of not to exceed $6,000,000, are hereby ordered to be sold pursuant to Title 35, Chapter 3, Article 3, Arizona Revised Statutes, as amended, and in accordance with the attached Order and Notice of Bond Sale. Section 2. The Clerk is directed to execute the attached Order and Notice and, unless another method of providing notice of the sale is authorized by law and utilized by the Town, as decided upon by the Town Manager, cause the attached Order and Notice to be published once a week for two (2) successive weeks prior to the date set to receive bids in The Times of Fountain Hills, a newspaper of general circulation in the Town. The Town Manager is authorized and directed to determine the date proposals shall be received, which date shall be prior to December 31, 2001. Section 3. The Clerk is hereby further authorized and directed to cause a Notice (illy Inviting Proposals for the Purchase of Bonds to be executed and to be transmitted to Peacock, Hislop, Staley & Given, Inc., Financial Consultant to the Town with respect to the Bonds, to be circulated among potential bidders for the Bonds. No defect or error in such Notice shall affect or invalidate the sale of the Bonds, it being expressly determined by the Council that such Notice is solely to supplement the required legal notice to be given pursuant to the preceding paragraph. Section 4. The immediate operation of the provisions of this resolution is necessary for the preservation of the public peace, health and safety and an emergency is hereby declared to exist, and this resolution will be in full force and effect from and after its passage and approval by the Mayor and Council as required by law, and it is hereby exempt from the referendum provisions of the Constitution and laws of the State of Arizona. PASSED AND ADOPTED on June 21, 2001. gde/ ATTEST: M or Clerk L S W R:gmh 392064 06/14/01 APPROVED AS TO FORM: (iimy /z4/0( Bond Counsel CERTIFICATION I, Cassie Hansen, the duly appointed and acting Town Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No. 2001-31 was duly passed by the Town Council of the Town of Fountain Hills, Arizona, at a regular meeting held on June 21, 2001, and the vote was `7 aye's and O nay's and that the Mayor and (o Council Members were present thereat. DATED: June 21, 2001. Town Clerk (by SWR:gmh 392064 06/14/01 ORDER AND NOTICE OF BOND SALE (tto NOTICE IS HEREBY GIVEN that sealed or electronic unconditional proposals will be received to and including the hour of 10:00 a.m., Mountain Standard Time (Bidders are put on notice that Arizona is exempt from Daylight Savings Time), on , 2001, for the purchase of all, but not less than all, of$6,000,000 principal amount of the Town of Fountain Hills, Arizona (the "Town") General Obligation Bonds, Project of 1997, Series 2001 (the "Bonds"), at which time bids will be opened and announced. Sealed proposals will be received at the offices of Peacock, Hislop, Staley & Given, Inc. (the "Financial Consultant"), 100 Concord Place, 2999 North 44th Street, Phoenix, Arizona 85018, telephone number (602) 952- 6800. Electronic bids will utilize the facilities of PARITY. The Town Council will meet on , 2001 at the hour of 6:30 p.m., to consider all bids received and, if an acceptable bid is received, award the contract for the purchase of the Bonds. The Bonds will bear interest at rates, no one of which will exceed ten percent (10%) per annum, to be determined in accordance with the best bid for the Bonds at the time of the award of the contract for the purchase of the Bonds. Unless all bids are rejected, the Bonds will be awarded to the bidder whose proposal results in the lowest true interest cost to the Town, taking into account any premium offered to be paid for the Bonds. All proposals must be for all of the Bonds and must offer to pay no less than the face amount of the Bonds plus accrued interest to the date of delivery of the Bonds. Further information, including copies of the Notice Inviting Proposals for the Purchase of Bonds and the Preliminary Official Statement relating to the bonds, may be obtained from the Clerk of the Town or the Financial Consultant. Dated: June 21, 2001. N1 (IAVAA-A-C-Z Clerk, Town of Fountain Hills, Arizona Publish this Notice and the resolution once a week for two successive weeks prior to 2001 (low SWR:gmh 392064 06/14/01 • TOWN RESOLUTION RESOLUTION NO. 2001-32 RESOLUTION APPROVING THE ISSUANCE AND SALE OF NOT TO EXCEED $9,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE TOWN OF FOUNTAIN HILLS, ARIZONA MUNICIPAL PROPERTY CORPORATION MUNICIPAL FACILITIES REVENUE BONDS, SERIES 2001; AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO LEASE-PURCHASE AGREEMENT, A FIRST SUPPLEMENT TO TRUST INDENTURE, A BOND PURCHASE CONTRACT, A LETTER OF REPRESENTATIONS, A CONTINUING DISCLOSURE CERTIFICATE, AN ASSIGNMENT AGREEMENT AND ANCILLARY DOCUMENTS PERTAINING TO THE ISSUANCE OF THE BONDS; AUTHORIZING THE DELEGATION OF DUTIES TO CERTAIN OFFICERS; RATIFYING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE FINALIZATION, EXECUTION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTION CONTEMPLATED BY THIS RESOLUTION AND DECLARING AN EMERGENCY. WHEREAS, the Town of Fountain Hills, Arizona (the "Town") is in process of negotiating the purchase of certain real property(the "Real Property") to be utilized as open space and mountain preserve (the acquisition of such Real Property together with the payment of the costs of issuance related to the bonds is sometimes referred to herein as the "Project"); and (lbw WHEREAS, the Town intends to cause the purchase price of the Real Property to be paid in part with the proceeds from the sale of the Town's general obligation bonds and in part with the proceeds of the Bonds (as defined hereafter); and WHEREAS, the Town of Fountain Hills, Arizona Municipal Property Corporation (the "Corporation") has been incorporated to facilitate financing of a portion of the cost of the Real Property through the issuance and sale of not to exceed $9,000,000 aggregate principal amount of the Corporation's Municipal Facilities Revenue Bonds, Series 2001 (the "Bonds"), to be dated as provided herein, the Bonds to be issued pursuant to a First Supplement, dated as of July 1, 2001 (the "First Supplement") to the Trust Indenture, dated as of July 1, 2000 (as so supplemented, the "Trust Indenture"), the First Supplement to be entered into by and between a trustee to be designated (the "Trustee") and the Corporation; and WHEREAS, the Town will lease (with an option to purchase) that portion of the Real Property to be owned by the Corporation pursuant to the terms of a First Amendment, dated as of July 1, 2001 (the "First Amendment") to the Lease-Purchase Agreement, dated as of July 1, 2000 (as so amended, the "Lease"), the First Amendment to be entered into by and between the Corporation and the Town; and WHEREAS, the rental payments made by the Town to the Corporation pursuant to the Lease are secured by the Town's pledge of its Excise Taxes (as defined in the Lease) and, further, the Corporation has pledged the rental payments as the source of payment for the Bonds; and SWR:jmp 392374.04 06/15/01 (kw WHEREAS, for the security of the owners of the Bonds and pursuant to the terms of an Assignment Agreement, dated as of July 1, 2001 (the "Assignment Agreement"), by and between the Corporation and the Trustee, the Corporation will assign to the Trustee its interests in the Lease and the Real Property; and WHEREAS, Peacock, Hislop, Staley& Given, Inc. (the "Original Purchaser")has offered to purchase the Bonds pursuant to a Bond Purchase Contract to be dated the date of sale of the Bonds (the "Purchase Contract"), by and between the Corporation and the Original Purchaser which provides for a Letter of Representations to be dated the same date from the Town (the "Letter of Representations") to the Original Purchaser, and the Town desires that the Corporation sell the Bonds through negotiation to the Original Purchaser on such terms as may hereafter be determined and set forth in the Purchase Contract; and WHEREAS, there have been placed on file with the Town and presented at this meeting the proposed forms of the following documents: (i) Lease; (ii)Trust Indenture; (iii) Purchase Contract, including the Letter of Representations; (iv)Assignment Agreement; (v) Preliminary Official Statement (the "Preliminary Official Statement") with respect to the Bonds; and (vi) a Continuing Disclosure Certificate to be dated the date of delivery of the Bonds (the "Continuing Disclosure Certificate") from the Town; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF TOWN OF FOUNTAIN HILLS,ARIZONA,THAT: (kiw. Section 1. The Mayor and Council find and determine that the financing of the costs of acquisition of a portion of the Real Property pursuant to the terms of the Lease, the Trust Indenture and the Continuing Disclosure Certificate is in furtherance of the purposes of the Town and in the public interest and that the Project and the manner of financing will enhance the standard and quality of living within the Town. Section 2. The Town hereby approves the issuance and sale by the Corporation of the Bonds. The Bonds shall be issued in the aggregate principal amount of not to exceed $9,000,000. The Bonds shall be in the denomination of$5,000 or any integral multiple thereof, shall be dated as of July 1, 2001, or such later date as the President of the Corporation shall determine, and authenticated the date of initial delivery to the Original Purchaser, and shall bear interest from such dated date payable semiannually each year, commencing no earlier than January 1, 2002, and shall be fully registered book-entry-only Bonds without coupons as provided in the Trust Indenture. The Bonds shall bear interest at the rates per annum and shall mature on the dates, in the years and principal amounts as are approved by the Mayor or any other member of the Council and set forth in the Purchase Contract, the execution and delivery of the Letter of Representations to be conclusive proof of such approval. No Bond shall mature later than 2021. The yield on the Bonds, calculated for federal tax purposes, shall not exceed 5.9%per annum. The Mayor or any other member of the Council is hereby authorized and directed to approve the final principal amount, maturity schedule, interest rates, redemption provisions and (kw other terms of the Bonds and cause them to be set forth in the Purchase Contract and the other documents. In all other respects the forms, terms and provisions of the Bonds and the provisions SWR:jmp 392374.04 06/14/01 -2- (liar for the signatures, authentication, payment, registration, transfer, exchange, redemption and number shall be as set forth in the Trust Indenture and are hereby approved. The Mayor and each member of the Council, the Town Manager and the Accounting Supervisor, acting alone, are authorized to take such actions as are necessary to satisfy each condition of the transaction. Section 3. The form, terms and provisions of the Lease, the Trust Indenture, the Assignment Agreement, the Purchase Contract and the Continuing Disclosure Certificate, in substantially the form of such documents (including the exhibits thereto) on file with the Town are hereby approved, with such insertions, omissions and changes as shall be approved by the Mayor, any member of the Council or the Town Manager, the execution and delivery of such documents being conclusive evidence of such approval and the performance by the Town of the obligations contained in such agreements and the Bonds is hereby authorized and approved. The Mayor, any member of the Council or the Town Manager are hereby authorized and directed to execute and deliver the Lease, the Continuing Disclosure Certificate and any instruments and receipts to complete the transactions contemplated by such agreements. Section 4. The form, terms and provisions of the Letter of Representations, in substantially the proposed form of such document on file with the Town is hereby approved. Upon completion of the Letter of Representations with the final terms of the Bonds, the Mayor, any member of the Council or the Town Manager is hereby authorized and directed, for and in the (Ito name and on behalf of the Town, to execute and deliver to the Original Purchaser the Letter of Representations, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 5. The Town hereby requests the Corporation to take any and all actions necessary to cause the execution and delivery of the Lease, the Trust Indenture, the Assignment Agreement and the Purchase Contract. The Accounting Supervisor is directed to obtain proposals from prospective trustees and to designate a trustee to act as Trustee for the Bonds. The Trustee is hereby requested to take any and all action necessary in connection with the execution and delivery of the Trust Indenture and the Assignment Agreement and the issuance and sale of the Bonds. Section 6. (a) (i) The form of the Preliminary Official Statement is hereby approved. The distribution by the Original Purchaser of the Preliminary Official Statement is hereby authorized and approved. The Mayor, any member of the Council or the Town Manager are each authorized and directed to deem the Preliminary Official Statement final as of its date within the meaning of Rule 15c2-12 of the Securities and Exchange Commission(the "Rule"). (ii) The Accounting Supervisor is authorized to prepare or cause to be prepared, and the Mayor, any member of the Council or the Town Manager is authorized and directed to approve, deliver and execute, on behalf of the Town, a final Official Statement to be dated the date of the Purchase Contract (the "Official Statement"), in substantially the form of the Preliminary Official Statement with changes effected by the sale of the Bonds for use in connection with the offering and sale of the Bonds. The execution of the Official Statement by the Mayor, any member of the Council or the Town Manager shall be conclusively deemed to SWR:jmp 392374.04 06/14/01 -3- evidence the approval of the status, form and contents thereof by the Town and that the Official Statement is final for all purposes. The Mayor, any member of the Council or the Town Manager or the Accounting Supervisor may execute and deliver such certificates as may be requested pertaining to the accuracy and truthfulness of the Official Statement. (b) (i) The Town hereby agrees that it is the "Obligated Person" (as defined in the Rule) with respect to the Bonds and, therefore, the Town shall comply with and carry out all the provisions of the Continuing Disclosure Certificate with respect to the Bonds for purposes of the Rule (any costs associated with compliance with the Rule shall be paid from Excise Taxes). (ii) This Subsection 6(b) shall constitute a contract between the Town and certain owners of the Bonds as described in the Continuing Disclosure Certificate. (iii) In the event of a failure of the Town to comply with the provisions of this Section, certain owners of the Bonds described in the Continuing Disclosure Certificate may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Town to comply with its obligations under this Section. A default under this Section shall not be deemed an event of default for other purposes of this resolution, the Lease or the Trust Indenture, and the sole remedy under this Section in the event of any failure of the Town to comply with the terms of the Continuing Disclosure Certificate shall be an action to compel performance. (low Section 7. In addition to other security provided for in the Trust Indenture, to secure the payment of the rental payments provided for in the Lease and the other amounts required to be paid by the Town pursuant to the provisions of the Lease, the Town hereby pledges for the payment of the rental payments thereunder, subject to all present and future rights of owners of bonds or other obligations payable from Excise Taxes (as defined in the Lease) which enjoy a lien, pledge or claim to Excise Taxes on parity with the claim of the Corporation, all Excise Taxes. The obligation to make rental payments will not constitute an obligation of the Town for which the Town is obligated to levy or pledge any form of ad valorem taxation nor does the obligation to make rental payments under the Lease constitute an indebtedness of the Town or of the State of Arizona or any of its political subdivisions within the meaning of the Constitution of the State of Arizona or otherwise. The Mayor and Council find and determine that the consideration provided by the Corporation to the Town pursuant to the Lease represents fair rental value of such leased property. Section 8. After any of the Bonds are delivered by the Trustee to the Original Purchaser hereof upon receipt of payment therefor, this resolution shall be and remain irrepealable until the Bonds and the interest thereon shall have been fully paid, cancelled and discharged. Section 9. The Mayor, any member of the Council, the Town Manager or the Accounting Supervisor, on behalf of the Town or the Corporation, or both, and the President or any member of the Board of Directors of the Corporation, on behalf of the Corporation, may (kw expend Bond proceeds to purchase bond insurance or other credit enhancements for all or part of the Bonds and to approve, execute and deliver any agreements to reimburse any provider of credit enhancements for amounts drawn thereunder. The Accounting Supervisor and the Trustee are SWR:jmp 392374.04 06/14/01 -4- (11600 authorized and directed to pay or cause to be paid such premiums, fees or costs, together with all other fees, costs and expenses of issuance, from Bond proceeds. Section 10. (a) In consideration of the purchase and acceptance of the Bonds by the owners of the Bonds thereof from time to time and of retaining the exclusion from gross income for federal income taxes of the interest income on the Bonds, it is hereby covenanted, and the appropriate officials of the Town are hereby directed, to take all action required, or to refrain from taking any action prohibited, by the Internal Revenue Code of 1986, as amended and as supplemented by all applicable Treasury Regulations promulgated in connection with any applicable section thereof(collectively the "Code"), which would adversely affect in any respect such exclusion, including, particularly, but not by way of limitation, (i) to cause the Bonds to not be "private activity" bonds within the meaning of the Code (Section 141(a) of the Code), (ii) to cause the Bonds to not be "arbitrage bonds" within the meaning of the Code (Section 148(a) of the Code) or to be valid "reimbursement bonds" for purposes of the Code if proceeds of the sale of the Bonds are to be allocated to reimburse an expenditure that was paid prior to the date of issue of the Bonds (Section 1.103.18 of the Treasury Regulations), (iii) to comply with the provisions of the Code relating to rebate (Section 148(f) of the Code), (iv) to cause the Bonds not to be "federally guaranteed" within the meaning of the Code (Section 149(b) of the Code), (v)to make the required information filing pursuant to the Code (Section 149(e) of the Code), and (vi)to make the required expenditures so that the Bonds shall not be deemed to be "hedge bonds" within the meaning of the Code(Section 149(g) of the Code). ‘s, (b) The Town hereby represents and warrants that (i) the Town has general taxing powers, (ii) the Bonds are not private activity bonds within the meaning of the Code, and (iii) ninety-five percent (95%) or more of the net proceeds of the Bonds shall be used for governmental activities of the Town. Section 11. All actions of the officers and agents of the Town which conform to the purposes and intent of this resolution and which further the issuance of the Bonds and the lease-purchase transaction between the Corporation and the Town as contemplated by this resolution and the Official Statement, whether heretofore or hereafter taken are hereby ratified, confirmed and approved. The proper officers and agents of the Town are hereby authorized and directed to do all such acts and things and to execute and deliver all such documents on behalf of the Town as may be necessary to carry out the terms and intent of this resolution and the Official Statement. Section 12. (a) The Town approves Gust Rosenfeld P.L.C. as counsel for both the Corporation and the Town and waives any conflict of interest. (b) If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section,paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. Lo, (c) All orders, resolutions and ordinances or parts thereof incon- sistent herewith are hereby waived to the extent only of such inconsistency. This waiver shall not be construed as reviving any order,resolution or ordinance or any part thereof. SWR:jmp 392374.04 06/14/01 -5- (kw Section 13. The immediate operation of the provisions hereof is necessary for the preservation of the public peace, health and safety and an emergency is hereby declared to exist, and this resolution will be in full force and effect from and after its passage by the Mayor and Council and it is hereby excepted from the referendum provisions of the Constitution. PASSED AND ADOPTED on Junes I, 2001. l61/1/1/bfb Mayor ATTEST: 6/xj. :t261 I Clerk APPROVED AS TO FORM: atePrie)- Special ounsel CERTIFICATION I, the Clerk of Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution was duly passed by the Mayor and Council of the Town at a regular meeting held on June , 2001, and the vote was 5 aye's and -1 nay's and that 7 Council Members were present thereat. DATED: 6- -U I /1„,„/Lj Clerk, Town of Fountain Hills, Arizona L SWR:jmp 392374.04 06/14/01 -6- Town of Fountain Hills Memorandum DATE: June 15,2001 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community Development�. THROUGH: Paul L. Nordin,Town Manager SUBJECT: Town Council consideration of Resolution 2001-33 that would establish a policy for the management and maintenance of Town-owned washes Beginning in the mid-1990's the Town of Fountain Hills began to acquire open space lands through several methods. The Town acquired lands as a part of subdivision approvals,area specific plan approvals,by purchase and through simple dedications from property owners. In 1997 the Town acquired 559 acres of wash parcels from MCO Properties that are located throughout the central and eastern portions of the Town. Since the Town's acquisition of these wash parcels the Town has initiated several"wash cleanup" projects,where the Town has hired contractors to remove vegetation to minimize the threat of wildfires and to remove junk and other debris that have been deposited on these lands. The Town (kw Marshal's Department has also enforced anti-dumping ordinances on these lands. Nearly all of these wash parcels are burdened with public utility easements and there are live sewer lines in most of these wash parcels. The Town-owned wash lands as shown on Exhibit 1 to Resolution 2001-33 also contain other lands such as hillside slopes, open space,piped drainage,channelized drainage courses,dams and land use buffers. These other lands are included on Exhibit 1 because they would benefit from the oversight, management and maintenance policies included in Resolution 2001-33. As the Town acquires other types of open space land, such as hillside preserve lands,future management and maintenance policies can be adopted and implemented for those lands. Until the adoption of those future policies,the inclusion of some of the Town's open space lands on Exhibit 1 will afford those lands an added degree of protection because their inclusion on Exhibit 1 will clarify, for the Town Marshal's Department staff responsible for implementing the law enforcement strategy and enforcement efforts,the exact location of the Town-owned lands that require monitoring. The Town's primary interest in acquiring and maintaining these wash parcels has been to maintain these lands in as natural a state as possible. In 1996 voters initiated the Watercourse Preservation and Habitat Ordinance to: A. Maintain the natural state of any washes now owned by the town or to be acquired by whatever means by the town. B. Provide for natural groundwater recharge. (kwC. Provide for wildlife corridors. Town Council Memorandum Resolution 2001-33 June 15,2001 Page 2 of 2 tkliwD. Provide p open space areas in a natural and unaltered desert environment. Over the past two months staff has been working, with the assistance of Councilmember Ralphe, to prepare a policy that would provide Town Council direction on matters relating to the management and maintenance of Town-owned wash lands. Please see Resolution 2001-33, attached. In addition to reaffirming the goals of the Watercourse Preservation and Habitat Ordinance,Resolution 2001-33 would provide Town Council direction regarding: • The nature of future wash"clean-up"activities, • The provision for the implementation of a "law enforcement strategy" for the wash parcels, • Swift law enforcement response to complaints and criminal prosecution of those utilizing the washes in a prohibited manner, • The desire for inter-departmental and inter-governmental cooperation in matters relating to the washes,and • The provision for a notification process whereby the Town would be informed before any work is conducted in a wash by any entitled entity, such as the Sanitary District, the local water company, or any utility that is benefited by the Public Utility Easements within these wash parcels. Staff recommends Town Council approval of Resolution 2001-33. (law TOWN OF FOUNTAIN HILLS RESOLUTION NO.2001-33 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ESTABLISHING A POLICY FOR TOWN- OWNED WASH MANAGEMENT AND MAINTENANCE WHEREAS, the Town of Fountain Hills owns several hundred acres of washes that provide scenic open space and wildlife corridors throughout the Town; and WHEREAS, Fountain Hills residents have given their strong support to maintain these washes and drainage channels in as natural a state as possible; and WHEREAS, The Town of Fountain Hills should take active measures to develop policies for the management and maintenance of these Town-owned wash corridors so that these open space and wildlife corridors are maintained in as natural a state as possible. NOW,THEREFORE,BE IT RESOLVED BY MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: Section 1: That the Fountain Hills Town Council hereby adopts the "Town of Fountain Hills Wash Management and Maintenance Policy"as shown below: (1116, TOWN OF FOUNTAIN HILLS WASH MANAGEMENT AND MAINTENANCE POLICY • PURPOSE: The Fountain Hills Wash Management and Maintenance Policy provides Town Council direction regarding the Town's management and maintenance of Town-owned "wash" lands within Fountain Hills. Town-owned wash lands ("Washes") are those lands owned by the Town of Fountain Hills as identified on Exhibit 1. The Town-owned wash lands, in addition to containing natural washes, also contain other land uses such as hillside slopes, open space, piped drainage, channelized drainage courses, dams and also serve as buffers. The Town Manager should implement this Policy, in the manner outlined below. DEFINITIONS: All terms and definitions of words used in this Policy shall have those meanings as defined in The Zoning Ordinance for the Town of Fountain Hills and in the Fountain Hills Town Code. GENERAL PROVISIONS: The Town should manage and maintain the Washes in a manner that: 1. Is environmentally sensitive and consistent with the provisions of Article 9-3 of the Fountain Hills Town Code. L Resolution 2001-33 Page 1 of 3 2. Preserves the Washes as open space and facilitates wildlife habitat and migration within kipo. Washes. 3. Provides for the periodic removal,under the direction of the Engineering Department,of dead vegetation,non-native vegetation,and/or other vegetation necessary to achieving the goals of reducing wildfire danger,facilitating drainage or promoting public safety. Future Wash"clean-up"activities should be undertaken after standards have been developed and/or refined. These standards should include the"clean-up"methods utilized by the Town's contractor,including lists of plants approved for removal and retention,erosion mitigation efforts and how these"clean-up"projects will continue to preserve wildlife habitat within the Washes. The Fountain Hills Fire District,the Fountain Hills Sanitary District and the Arizona Department of Fish and Game should review these standards. 4. Provides for a policy-implementation strategy by the Engineering Department that includes periodic Wash observation, photographs and/or other documentation of Wash conditions. 5. Respects the rights of public utilities having easements within the Washes, but also asserts the rights of the Town as the owner of the Washes. 6. Ensures swift law enforcement response by the Town Marshal's Department to complaints and appropriate criminal prosecution of those dumping, grading or otherwise utilizing the Washes in a prohibited manner. It further provides for development of public information programs by the Marshal's Department, including development of neighborhood"Wash Watch"efforts. 7. Includes inter-departmental'and inter-governmental cooperation regarding activities in the Washes. 8 Provides for a notification process whereby any public utility or governmental entity having the right to utilize a Wash for their respective utility or governmental purpose(s) is requested to provide the Town, as the property owner, prior written notice that includes a description of their intent, scope of work, and any plans for improvements, grading or other work within a wash. This notification process does not apply in an emergency situation where public health is at risk. Section 2: That the Fountain Hills Town Council hereby directs the Town Manager to implement the"Town of Fountain Hills Wash Management and Maintenance Policy." L Resolution 2001-33 Page 2 of 3 PASSED AND ADOPTED this 21st day of June,2001. L FOR THE TOWN OF FOUNTAIN HILLS: ATTEST: tia/Liiithild 4 Sharon Morgan,Mayor Cassie B.Hansen Town Clerk REVIEWED BY: APPROVED AS TO FORM: ei< , ,5---) Paul L. rdin illiam E.Farrell Town nager Town Attorney L • (lbw- Resolution 2001-33 Page 3 of 3 'I\ EXHIBIT 1 tilior 141 TOWN OF -.....-- FOUNTAIN HILLS • TOWN OWNED WASH LANDS MAP t LEGEND _... . TOWN OF FOUNTAIN HIU.S-OWNED WASH AND OTHER ....,-.---., s------,•-•.;T:it, ,;:: _L.,:, .3.,,ly,,,,...-"›.-- '-, LANDS SUBJECT TO RESOLUTION 2001-33 '''.141611-.::';,, -s-'-' .:.''''''' -----Ii;11-r;;--,-9,...:.•,:•i, , ,\-,:: • \ ... ,, , \\ I .. , : .1 . , II I -,,,---,„3,. :•`..,._. , ,_ ,..., ••IN, . ' •72-1,'IlSs:It rt-'4"''IS'11--t"L.I.':',7P,'-'-'1 A,t -::. 1 -v A. 11 %,,,,,„. _ ----- ;1 M.''. sc'I'l. '''.4i-— \''' '` V: ',---Nir. •,-'' ,,.„',')',,',':, 'r''',•-'''',---:----...„_____.... :•,, ';', 1 ,..;•-,:"./41?'-•1 -.;.-.. !::,1,:::,,'.,,,, . I,' ,.,,,:.,.:'2,1,,,.',:!...----;!. . ..,. . 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TOWN OF FOUNTAIN HILLS RESOLUTION NO.2001-33 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ESTABLISHING A POLICY FOR TOWN- OWNED WASH MANAGEMENT AND MAINTENANCE WHEREAS, the Town of Fountain Hills owns several hundred acres of washes that provide scenic open space and wildlife corridors throughout the Town;and WHEREAS, Fountain Hills residents have given their strong support to maintain these washes and drainage channels in as natural a state as possible; and WHEREAS, The Town of Fountain Hills should take active measures to develop policies for the management and maintenance of these Town-owned wash corridors so that these open space and wildlife corridors are maintained in as natural a state as possible. NOW,THEREFORE,BE IT RESOLVED BY MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: Section 1: That the Fountain Hills Town Council hereby adopts the "Town of Fountain Hills Wash Management and Maintenance Policy"as shown below: (likw TOWN OF FOUNTAIN HILLS WASH MANAGEMENT AND MAINTENANCE POLICY • PURPOSE: The Fountain Hills Wash Management and Maintenance Policy provides Town Council direction regarding the Town's management and maintenance of Town-owned "wash" lands within Fountain Hills. Town-owned wash lands ("Washes") are those lands owned by the Town of Fountain Hills as identified on Exhibit 1. The Town-owned wash lands, in addition to containing natural washes, also contain other land uses such as hillside slopes, open space, piped drainage, channelized drainage courses, dams and also serve as buffers. The Town Manager should implement this Policy,in the manner outlined below. DEFINITIONS: All terms and definitions of words used in this Policy shall have those meanings as defined in The Zoning Ordinance for the Town of Fountain Hills and in the Fountain Hills Town Code. GENERAL PROVISIONS: The Town should manage and maintain the Washes in a manner that: 1. Is environmentally sensitive and consistent with the provisions of Article 9-3 of the Fountain Hills Town Code. L Resolution 2001-33 Page 1 of 3 PASSED AND ADOPTED this 21st day of June,2001. L FOR THE T WN OF FOUNTAIN HILLS: ATTEST: eetIVIL- 6 )jpvtA,, Sharon Morgan,Mayor Cassie B.Hansen Town Clerk REVIEWED BY: APPROVED AS TO FORM: if' 15 u "or n William E.Farrell To anager Town Attorney 411.0 • L Resolution 2001-33 Page 3 of 3 Hansen, Cassie Lrom: Wyman, John ent: Th ursday, June 21, 2001 2:50 PM To: Nordin, Paul Subject: Wash Management Policy/Lori Noss Message Pual, Just noted that U weren't copied on Lori Noss' message. Thot U shld be, as she certainly has some tough things to say regarding the Town going out of its way to abuse the wash (gravel operation, etc.). Doesn't seem to have much good to say about the Sanitary District either! John From: lori@east.la.asu.edu Date: Wed, 20 Jun 2001 11:38:28-0700 (MST) Subject: wash resolution Dear Madam Mayor and Council Members, I hope to persuade you to vote in favor of Resolution 2001-33 to establish a policy for the management and maintenance of Town-owned washes. I have been involved in the process of bringing this resolution Lrward, and I would like to share with you how it came about. The Committee to Preserve the Environment (C.P.E.) is an environmental group whose primary goal is protection of town washes. Mr. Don Logan of Fountain Hills contacted us about Ashbrook wash. He lives alongside the wash at El Lago Blvd and was understandably upset because town employees were using the wash between El Lago Boulevard, the Fort McDowell Indian Reservation, Calico Drive and Grande Boulevard as a gravel yard. Piles of sand and rock, screening operations and heavy machinery were continually dumped directly in the wash bed. While the town was doing its best to destroy the wash, the Sanitary District did its part by widening and raising by 3 to 5 feet a once small, dirt road that ran to their pump station through the bottom of the wash. The Sanitary District was also using the wash to store piles of sand and dirt. To this day, the Sanitary District continues to dump sand south of the pumping station, even though they assured us that this would stop, and they would re-vegetate around their pump station. Upon my first visit to the wash, I saw several things that were wrong. The raised road and channel town employees created to direct water around their"gravel operation", artificially and inadequately narrowed the area for water to flow trough ie wash. Heavy trucks were constantly being driven through the wash bed at multiple locations. Both parties stored piles of rock, sand and gravel 1 in the wash. Much of the vegetation was stripped away, and wildlife no longer visited the area. All these factors combined to create serious erosion -,roblems that are quite evident in video footage I shot during our last avy rainfall. The neighboring home and roads would certainly be at risk in a 100-year flood, and probably much sooner. Mr. Logan kept a diary to document the history of the wash and the damage done to it during the past years. We also took pictures and videotape of the wash (I gave copies of my photos to Town Manager, Mr. Paul Nordin). I wrote to Mr. Nordin about the situation, and to his credit, he telephoned me within two hours of receiving my letter and asked me to show him the wash. I applaud him for his prompt action with regard to this matter. Once Tom Ward, our Town Engineer, became aware of the situation and did some investigating of his own, he admitted the town was illegally dumping in the wash and vowed to clean it up. For their part, the town has done a commendable job. The "gravel yard"was removed, and the areas where trees and other plants were missing have been re-vegetated. The sanitary district reduced the size of the road they had enlarged.This removed some of the weight that was bearing down upon, and killing, a large cottonwood tree. They removed piles of sand and dirt from inside the wash bed. They promised to install a gate at one of the entrances to the wash and re-vegetate around the pump station. The sanitary district has not been prompt at resolving these issues. Rest assured Ashbrook Wash is not the only wash in town where we ave iftrtoblems. Upon routine examination, CPE has found asphalt and concrete • dumped in washes by contractors. We've seen motorbikes driven in washes, • heavy machinery routinely driven in other washes, and vegetation completely stripped away by town and sanitary district operations. If Mr. Logan and CPE did not step forward to complain about Ashbrook wash it would still be a mess today! Yet, the CPE simply does not have the resources to monitor the numerous washes in town ourselves. We cannot and should not be policing the town, sanitary district, contractors, or local citizens. It is the job of our law enforcement officials to uphold our ordinances and seek out violators. All of these issues combined led Mr. Nordin, our town planner Jeff Valder, Councilwoman Susan Ralphe, and our town marshal Mr. Gendler to agree that something needed to be done to increase monitoring and protection of washes. Our washes are a town treasure, and need our protection. We need law enforcement checking on the washes on a regular basis. We need to stop using any town-owned washes as storage yards and dumping grounds. thank you for your consideration of this most urgent matter, and I hope you will pass this resolution to help protect the natural beauty we all enjoy in Fountain Hills. Sincerely, L Lori Noss Chair of the Committee to Preserve the Environment (CPE) 2