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HomeMy WebLinkAbout2001.1210.TCSEM.PacketNOTICE OF SPECIAL SESSION AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman McNeill Councilman Wyman Councilwoman Fraverd Councilwoman Hutcheson Vice Mayor Kavanagh Councilwoman Ralphe WHEN: MONDAY, DECEMBER 10, 2001 TIME: 5:00 P.M. (The Council will meet in executive session from 5:00 to 6:30. The regular session will begin promptly at 6:30 p.m.) WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B (W RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190 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.1, AND A.R.S. §38-431.03.A.4., VOTE TO GO INTO EXECUTIVE SESSION for discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body must provide the officer, appointee or employee with such personal notice of the executive session as is appropriate but not less than 24 hours for the officer, appointee or employee to determine whether such discussion or consideration should occur at a public meeting; (specifically the Acting Town Manager and Town Manager); AND 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 regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted in order to kh., avoid or resolve litigation (specifically regarding the Fire District); respectively. 2.) RETURN TO REGULAR SESSION Town of Fountain Hills Page 1 of 3 Last printed 12/07/01 11:50 AM • CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Morgan • INVOCATION — • ROLL CALL %6w 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 ORDINANCE 01-22 amending the Town Code, Chapter 2 Mayor and Council, by amending Article 2-4-11 Posting notice of Meetings, Subsection (A), to reflect the new address of the Fountain Hills Community Center. *2.) Consideration of RESOLUTION 2001-57 rescinding Resolution 2001-17 and declaring that there is no longer a need to acquire the public road and public road right-of-way graphically depicted and legally described in exhibits "A" and "B" of Resolution 2001-17. *3.) Consideration of AMENDING THE RENTAL RATES at the Community Center to include rates for political candidates and political committees. 4.) PRESENTATION of a proclamation honoring Pam Aister, a third grade teacher at Four Peaks Elementary School, for her receipt of the national My Favorite Teacher Award, part of President Bush's No Child Left Behind program. 5.) Consideration of CONTRIBUTING an amount of $50,000 to the Boys and Girls Club for capital expenditures related to the construction of the new youth center to be constructed on school property adjacent to Four Peaks Elementary School. 6.) PRESENTATION of a financial update by Acting Town Manager Bill Farrell. 7.) Consideration of the bids received and, if deemed advisable, adopt RESOLUTION 2001-56 authorizing the issuance and sale of Town of Fountain Hills, Arizona, General Obligation Bonds, Project of 1997, Series 2001. 8.) Consideration of APPROVING an extension to the contract with Rural Metro for fire and emergency services for the Town of Fountain Hills. 9.) Consideration of a CONCEPTUAL PLAN that would amend the Town's existing departmental structure by replacing the existing model with a Department of Public Safety that would include law enforcement services, community policing services, fire services and emergency medical services and would assign operational oversight of the Department of Public Safety to the Public Safety Director, who would report to the town manager, and DIRECTION to staff to develop, from the conceptual plan, a detailed implementation proposal for Council consideration at the January 3, 2002 meeting. 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 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. L11.) ADJOURNMENT. Town of Fountain Hills Page 2 of 3 Last printed 12/07/01 11:50 AM DATED this 7`' day of December, 2001_CtL4� 4L�, 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. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 3 of 3 Last printed 12/07/01 11:50 AM Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL ' From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: 12/ 7/ 2001 Re: AGENDA ITEM #1 — ORDINANCE 01-22 — AMENDING POSTING PLACES AGENDA ITEM #1 — ORDINANCE 01-22 — AMENDING THE POSTING PLACES In 1990, the Council codified three official posting places for all public notices: the Community Center, the Post Office and Town Hall. Since the address of the Community Center has changed, Ordinance 01-22 has been prepared for your consent agenda as a housekeeping item that will amend the Town Code to properly reflect the address of one of the official posting places. Staff recommends approval. L 09 Page 1 of 1 December 10, 2001 Agenda Item Last printed 12/7/2001 12:21 PM 12/7/2001 ORDINANCE O1-22 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN CODE, CHAPTER 2 MAYOR AND COUNCIL, ARTICLE 2-4-11 POSTING NOTICE OF MEETINGS, SUBSECTION (A), TO REFLECT THE NEW ADDRESS OF THE FOUNTAIN HILLS COMMUNITY CENTER. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. That the Town Code of the Town of Fountain Hills, Chapter 2, Mayor and Council, is hereby amended by the change of Article 24-11 Posting Notice of Meetings, consisting of section (A) as set forth in Section 2 hereof. (New text is shown as double -underlined and text to be deleted is shown as crossed out.) Section . Section 2-4-11 Posting Notice of Meetings Public notice meeting shall be posted in the following places: A. Fountain Hills Community Center 13001 N I MONTANA DRWE Fountain Hills, Arizona PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this loth day of December, 2001. FOR7 HE TOWN OF FOUNTAIN HILLS: /I Sharon Morgan, Mayor REVIEWED AND APPROVED AS TO FORM: William E. Farrell, Acting Town Manager/ Attorney ATTESTED TO: Cassie B. Hansen, Town Clerk Town of Fountain Hills Memorandum DATE: December 7, 2001 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Director of Community Dev THROUGH: William E. Farrell, Acting Town Mana r SUBJECT: Resolution 2001-57 that would rescind Resolution 2001-17. On April 19, 2001 the Town Council adopted Resolution 2001-17 (attached) that "declared a public need and necessity pursuant to A.R.S. § 12-111 et. seq. for the acquisition by gift, purchase or eminent domain of certain real property located within the Town of Fountain Hills for the purposes of a public road and public road right-of-way". Resolution 2001-17 was adopted because the Town desired to provide a second southern roadway access into the Eagle Ridge North area of the Town. This roadway would have begun at Rhodes Court in the Sunridge Canyon development and followed the south side of a wash until it would have intersected with a planned roadway in the Eagle Ridge North subdivision. One of the stipulations contained in the Final Settlement Agreement between the Town and MCO Properties is that the Town act to rescind Resolution 2001-17 at the Town Council meeting of December 10, 2001. Staff has prepared resolution 2001-57 (attached) that rescinds Resolution 2001-17. Staff recommends Town Council approval of Resolution 2001-57. [A C7 RESOLUTION 2001-17 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING A PUBLIC NEED AND NECESSITY PURSUANT TO A.R.S. § 12-1111, et. seq. FOR THE ACQUISITION BY GIFT, PURCHASE OR EMINENT DOMAIN OF CERTAIN REAL PROPERTY LOCATED WITHIN THE TOWN OF FOUNTAIN HILLS FOR THE PURPOSES OF A PUBLIC ROAD AND PUBLIC ROAD RIGHT-OF-WAY; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That A.R.S. § 9-240 and 12-1111, et.seq. provide general law towns of the State of Arizona the authority to open and lay out streets and public rights -of -way as well as the authority to acquire real and personal property for use as public roads and rights -of -way. Section 2. That the Town Council hereby finds and declares that certain real property depicted on the map attached hereto as Exhibit "A" and more particularly described legally as set forth in Exhibit "B" is needed for a public road and public right-of-way to certain real property owned by the Town of Fountain Hills. Section 3. That the Town Council pursuant to A.R.S. § 12-1112 specifically finds that the use to which the property is to be applied is authorized by law and that the taking of the property if necessary is in the best interests of the citizen of the Town of Fountain Hills. Section 4. That the Town Manager, Town Clerk, and Town Attorney are hereby authorized and directed to acquire said real property by gift, purchase or eminent domain, and to do all acts and to sign all documents and pay all costs necessary to acquire said real property. Resolution 2001-17 Page 1 of 2 Section 5. That the Town Manager, Town Clerk and Town Attorney are further authorized and directed to adjust the legal description of the property to be acquired in cooperation with plans for development filed by adjacent property owners so as to eliminate any unintended adverse impact upon adjacent property. Section 6. That the immediate operation of the provisions of this Resolution is necessary for the preservation of the public health, safety and welfare of the citizens and in order to allow both the property owner and the Town to take advantage of time and financial opportunities that exist to consolidate this action with other actions and negotiations an emergency is hereby declared to exist, and that this Resolution shall be in full force and effect from and after its passage by the Council, as required by law. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 191h day of April, 2000 FOR TH7 TOWN OF FOUNTAIN HILLS: Sharon Morgan, Mayor RE WED BY: / i Paul L. Nordin, Town Manager ATTESTED TO: Cassie B. Hansen, town Clerk APPROVED AS TO FORM: 0 IIA, JJA66tt' 4Tilliam E. Farrell, Town Attorney Resolution 2001-17 Page 2 of 2 Exhibit A PROPERTY ACQUISITION PARCEL — WATER TANK ROAD RIGHT-OF-WAY A parcel of land located in Section 17, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at the north quarter corner of said Section 17; Thence south 07 degrees 12 minute 18 seconds east a distance of 1594.96 feet to the most northwestern corner of Lot 17 of SunRidge Canyon Parcel M Final Plat as recorded in Book 427, Page 50 of the Maricopa County records, said point also being on the boundary of said plat; Thence south 06 degrees 22 minutes 54 seconds east along the westerly property line of said Lot 17, a distance of 156.86 feet to the TRUE POINT OF BEGINNING; Thence continuing south 06 degrees 22 minutes 54 seconds east a distance of 11.60 feet to the beginning of a non -tangent curve being concave southwesterly, having a radius of 543.00 feet, a radial line passing through said point bears south 12 degrees 22 minutes 12 seconds west; Thence departing said westerly property line of said Lot 17 easterly along the arc of said curve through a central angle of 08 degrees 28 minutes 33 seconds, an arc length of 80.33 feet; Thence south 69 degrees 09 minutes 16 seconds east, a distance of 171.26 feet to a point on the most southwesterly property line of Lot 16 of aforementioned SunRidge Canyon Parcel M Final Plat; Thence departing the most southwesterly property line of said Lot 16 and continuing south 69 degrees 09 minutes 16 seconds east, a distance of 7.66 feet to the beginning of a tangent curve being concave northeasterly, having a radius of 357.00 feet; Thence easterly along the arc of said curve through a central angle of 18 degrees 01 minutes 26 seconds, an arc length of 112.30 feet to the beginning of a non -tangent curve being concave southeasterly, having a radius of 45.00 feet, a radial line passing through said point bears south 65 degrees 46 minutes 57 seconds east, said point also being on the southerly property line of said Lot 16 and on the westerly right-of-way line of Rhoads Court of aforementioned SunRidge Canyon Parcel M Final Plat; Thence southerly along the arc of said curve and said right-of-way line through a central angle of 12 degrees 15 minutes 24 seconds, an arc length of 9.63 feet to the most southeasterly common corner of aforementioned Lots 16 and 17; Thence southerly and departing from said southeasterly common corner of said Lots 16 and 17 and on the aforementioned westerly right-of-way line of Rhoads Court and continuing along t said curve through a central angle of 38 degrees 32 minutes 22 seconds, an arc length of 1 to the most southeasterly corner of aforementioned Lot 17; w 16545 RAND t' L 'fe F!E'R►�1,\I Property Acquisition Parcel - Water Tank Road ROW.doc Page 1 of 3 Thence southeasterly and departing from said southeasterly corner of said Lot 17 and on the aforementioned westerly right-of-way line of Rhoads Court and continuing along the arc of said curve through a central angle of 63 degrees 20 minutes 05 seconds, an arc length of 49.74 feet; Thence south 89 degrees 55 minutes 35 seconds east along the said southerly right-of-way line of Rhoads Court a distance of 410.76 feet to the beginning of a tangent curve concave southwesterly, having a radius of 25.00 feet, said point also being on the westerly right-of-way line of Sunridge Drive as recorded in Book 406, Page 23 of the Maricopa County records, said point also being on the most southeasterly point of aforementioned SunRidge Canyon Parcel M Final Plat; Thence southeasterly along the arc of said curve through a central angle of 95 degrees 06 minutes 14 seconds, an arc length of 41.50 feet; Thence south 05 degrees 10 minutes 39 seconds west along said westerly right-of-way line of Sunridge Drive a distance of 53.00 feet; Thence departing said westerly right-of-way line of Sunridge Drive north 89 degrees 55 minutes 35 seconds west a distance of 454.90 feet to the beginning of a tangent curve concave northeasterly, having a radius of 500.00 feet; Thence westerly along the arc of said curve through a central angle of 20 degrees 46 minutes 20 seconds, an arc length of 181.27 feet; Thence north 69 degrees 09 minutes 16 seconds west a distance of 178.92 feet to the beginning of a tangent curve concave southwesterly, having a radius of 400.00 feet; Thence along the arc of said curve through a central angle of 14 degrees 20 minutes 51 seconds, an arc length of 100.16 feet; Thence north 83 degrees 30 minutes 07 seconds west, a distance of 52.49 feet; Thence north 06 degrees 29 minutes 53 seconds east, a distance of 50.00 feet; Thence north 83 degrees 30 minutes 07 seconds west, a distance of 80.00 feet to a point on the northerly boundary line of Copperwynd Fountain Hills Final Plat as recorded in Book 460, Page 08 of the Maricopa County records, said point also being on the boundary line of said plat; Thence departing the northerly boundary line of said Copperwynd Fountain Hills Final Plat and continuing north 83 degrees 30 minutes 07 seconds west, a distance of 155.89 feet to the beginning of a tangent curve being concave northeasterly, having a radius of 550.00 feet; Thence westerly along the arc of said curve through a central angle of 41 degrees 25 minutes 10 seconds, an arc length of 397.60 feet; Thence north 42 degrees 04 minutes 57 seconds west, a distance of 31.61 feet to a po A westerly boundary line of said Copperwynd Fountain Hills Final Plat; 1'545 Property Acquisition Parcel - Water Tank Road ROW.doc Page 2 of 3 Thence north 44 degrees 53 minutes 25 seconds east along the westerly boundary line of said Copperwynd Fountain Hills Final Plat a distance of 104.14 feet; Thence departing the westerly line of said Copperwynd Fountain Hills Final Plat south 42 degrees 04 minutes 57 seconds east a distance of 37.11 feet to the beginning of a tangent curve concave northeasterly, having a radius of 446.00 feet; Thence easterly along the arc of said curve through a central angle of 41 degrees 25 minutes 10 seconds, an arc length of 322.42 feet; Thence south 83 degrees 30 minutes 07 seconds east, a distance of 83.22 feet to a point on the northerly boundary line of said Copperwynd Fountain Hills Final Plat; Thence departing said northerly boundary line of said Copperwynd Fountain Hills Final Plat and continuing south 83 degrees 30 minutes 07 seconds east, a distance of 205.16 feet to the beginning of a tangent curve concave southwesterly, having a radius of 554.00 feet; Thence easterly along the arc of said curve through a central angle of 05 degrees 29 minutes 10 seconds, an arc length of 53.05 feet to the TRUE POINT OF BEGINNING. This parcel contains an area of 4.01 acres more or less. Property Acquisition Parcel - Water Tank Road ROW.doc P • Lq EXHIBIT "B" TOWN OF FOUNTAIN HILLS PROPERTY ACQUISITION PARCEL REA 01-1 PART OF SECTION 17 T 3 N., R. 6 E. 1 9 EAGLE RID D UNSUBDIVIDEC �ti sr r rS my ^^ L12�?s� Z LC T -l'U3 tv 1 / \ / / COPPER D FOUNT HILLS / BOOK 0, PAGE 08 LOT 2 TRACT "D" H.P.E. 4.6720 AC.i /COPPERWYND FOUNTAIN HILLS BOOK 460, PAGE 08 TRACT "A" 6.7148 AC. (H.P.E. = 5.5094 AC.) 114 PARCEL 1T2Y33" SUNRIDGE CANYON 0�1:500.,,o- BOOK 406. PAGE 23 L=151.63' P r tiV �C� L11 f r r NO3'10'34"'W 352.71 L16 L9 T.P.O.B. L8 S0672'54'E 156.86' ...� TRAIL, SIDEWALK, S0712ST Jt%r DRAINAGE. PUBLIC �— 1594.96 1 UTILITY do COMMON N06'22'54"W;.+ ACCESS EASEMENT 183.17 o L7 17 Nd L7 r NtYS200'W PARCEL 1 SUNRIDGE CANYON BOOK 406, PAGE 23 L2 17 15 SUNRIDGE-CANYON P CEL M LB - BOOK 427. PAGE 5 J 14 PARCEL 1 SUNRIDGE CANYON BOOK 406, PAGE 23 N n �N LANDSCAPE. DRAINAGE �SIOEWALK k EASEMENT NOTE: + N PUE z o-5'35'51" 0-5'35'51- REA 01-1 CONTAINS PORTIONS OF SUNRIDGE CANYON R-1127.00' R-1180.00 L=110.10' L-115.28' PARCEL 1; PARCEL M. LOT 16; PARCEL M, LOT 17; 176.33' -NOS-"O�F286.99' 13 AND COPPERWYND FOUNTAIN HILLS TRACT A. PORTIONS OF PARCEL REA 01-1 CONTAIN EXISTING SUNRIDGE EASEMENTS FOR PUBLIC UTILITIES, DRAINAGE, TRAILS, ORINE T -- HILLSIDE PROTECTION, SIDEWALK, COMMON ACCESS, 1 L ! AND LANDSCAPE; ALL AS SHOWN. SUNRIDGE CANYON PARCEL 1 CONTAINS THE CURRENTLY _ UNDEUNEATED FLOODPLAIN FOR CLOUDBURST WASH WATER TANK ROAD RIGHT-OF-WAY a ALONG AND WITHIN THE PROPOSED PARCEL REA 01-1. j/ APPROXIMATE AREA TO BE i ® SEE SEPARATE SHEET FOR PRELIMINARY FLOODWAY k FLOODPLAIN LIMITS AND AREA. ACQUIRED (4.01 ACRES) SCALE: 1'- 250' DATE: 4-17-01 SHEET 1 OF 2 EXHIBIT "C" DATA TABLES WATER TANK ROAD RIGHT-OF-WAY LINE TABLE UNE BEARING LENGTH L1 S06'22'54"E 11.60' L2 S69'09'16"E 171.26' L3 S69'09'16"E 7.66' L4 S89'55'35"E 410.76' L5 S05'10'39'W 53.00' L6 N89'55'35"W 454.90' L7 N69'09'16"W 178.92' L8 N83'30'07"W 52.49' L9 NO6'29'53"E 50.00' L10 N83'30'07"W 80.00' L11 N83'30'07"W 155.89' L12 N42'04'57"W 31.61' L13 N44'53'25"E 104.14' L14 S42'04'57"E 37.11' L15 S83'30'07"E 83.22' L16 S83'30'07"E 205.16' CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT C1 08'28'33" 543.00' 80.33' 40.24' C2 18'01'26" 357.00' 112.30' 56.62' C3 12'15'24" 45.00' 9.63' 4.83' C4 38'32'22" 45.00' 30.27' 15.73' C5 63'20'05" 45.00' 49.74' 27.76' C6 95*06'14* 25.00' 41.50' 27.33' C7 20'46'20" 500.00' 181.27' 91.64' C8 14'20'51" 400.00' 100.16' 50.35' C9 41*25'10* 550.00' 397.60' 207.93' C10 41*25'10* 446.00' 322.42' 168.62' C11 05*29'10' 554.00' 53.05' 26.54' F::. L DATE! 4-17-01 SHEET 2 OF 2 L EXHIBIT "D" TOWN OF FOUNTAIN HILLS PRELIMINARY FLOODPLAIN LIMITS - PARCEL REA 01-1 PART OF SECTION 17 T, 3 N., R. 6 E. � RIDGE 1� UNSUBDIVIDED / EAGI-E/ _OT 1 \ / / COPPER NO �/ / FOUNT , HILLS / BOOK 0, PAGE OB LOT 2 TRACT "D" H.P.E. 4.6720 AC.i PARCEL REA 01-1 (WATER TANK ROAD RIGHT-OF-WAY) PARCEL 1 SUNRIDGE CANYON BOOK 406, PAGE 23 EXISTING DBL 12x8 CBC ---, SUNRIDGE DRIVE _ PRELIMINARY EXISTING 100 YEAR FLOODPLAIN /COPPERWYND FOUNTAIN HILLS BOOK 460. PAGE 08 TRACT "A" END OF DELINEATION 6.714 (H.P.E. = 5.509494 AC.) f � � t tr r t i t i t t t i t t _! 17 16 t t it t� PARCEL 1 SUNRIDGE CANYON V t BOOK 406, PAGE 23 I, l 1 h 7 15 t t ' SUNRIDG CANYON 1 P CEL M I BOOK 427, PAGE 50 t � i 14 i NOTE: 100—YEAR FLOW Otoo = 2380 CFS ESTIMATED FLOODPLAIN AREA WITHIN PR _J� i REA 01-1 = 1.3 ACRES _ SOURCE: "MASTER DRAINAGE ANALYSIS, FINAL HYDRAULIC EVALUATION FOR SUNRIDGE CANYON". —� FIGURE 3 HEC—RAS FOR WASH A BY JMI AND = ASSOCIATES, DATED 7-8-99. PRE —FINAL SUBMITTAL, © NOT CURRENTLY APPROVED BY TOWN. x SCALE: 1'- 250' DATE: 4-17-01 SHEET 1 OF 1 RESOLUTION 2001 - 57 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, RESCINDING RESOLUTION 2001-17 AND DECLARING THAT THERE IS NO LONGER A NEED TO ACQUIRE THE PUBLIC ROAD AND PUBLIC ROAD RIGHT-OF-WAY GRAPHICALLY DEPICTED AND LEGALLY DESCRIBED IN EXHIBITS "A" AND `B" OF RESOLUTION 2001-17. WHEREAS, the Town Council of the Town of Fountain Hills, on the 191h day of April, 2001 adopted Resolution 2001-17; and WHEREAS, that said Resolution 2001-17 declared a public need and necessity; and WHEREAS, it is the intention of the Town by the adoption of this resolution to rescind Resolution 2001-17 and to adopt Resolution 2001-57 to declare that there is no longer a need to acquire the public road and public road right-of-way graphically depicted and legally described in Exhibits "A" and `B" of Resolution 2001-17. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That Resolution 2001-17 is hereby rescinded and the Town declares that there is no longer a need to acquire the public road and public road right-of-way graphically depicted and legally described in Exhibits "A" and `B" of Resolution 2001-17. PASSED AND ADOPTED this 10 h day of December, 2001. ATTEST: Cassie B. Hansen, Town Clerk REVIEWED BY: i iam E. Farrell, Acting Town Manager FOR THE TOWN OF FOUNTAIN HILLS: APPROVED AS TO FORM: William E. Farrell, Town Attorney Resolution 2001-57 Page 1 of 1 0 9' N� f5T. 1959 � •9��that is INTO Town of FOUNTAIN HILLS Community Center MEMORANDUM DATE: December 6, 2001 TO: The Honorable Mayor and Town_ C FROM: James B. Willers, Community ent erector THROUGH: William E. Farrell, Acting Town Manager SUBJECT: Rental Rates for Candidate Political Activity at the Community Center. At the August 2, 2001 Town Council meeting, the Council granted final approval for the new Community Center rental rates. There were two levels of rates approved: Category I for resident/non-profit groups and Category II for non-resident/commercial. One item not specifically addressed was which rate schedule should be used for candidate political activity. • Within other Town departments, the Town Parks and Recreation Department makes no distinction regarding political events. They will waive rental fees if the request is for a youth organization, a charitable event or fundraiser providing they receive documentation of the non- profit status as determined by IRS regulations. Both the Town Council and The Parks and Recreation Advisory Commission approved this policy. The Community Center Advisory Commission, at their December 5, 2001 meeting discussed this issue and unanimously recommended the Category I Non-profit/Resident rates be used if the candidate political activity is registered and on file with the Town Clerk or if the political candidate is a resident of Fountain Hills. Those political activity committees or individuals not meeting the aforementioned criteria would be charged the Category II non-resident/commercial rates. The Advisory Committee also recommended any individual or political activity committee that has been charged Category H rates is refunded accordingly. This recommendation is intended as clarification and information for the Town Council regarding the rate schedule for candidate political activity rentals at the Fountain Hills Community Center. Based upon the recommendation of the Community Center Advisory Commission, staff recommends political candidates who are residents of Fountain Hills or a political activity committee registered and on file with the Town Clerk be charged rental rates under the Category I Resident/Non-profit schedule for any space rentals at the Community Center. 13001 N. La Montana Dr. - Fountain Hills, Arizona 85269 - (480) 816-5200 - FAX: (480) 837-4452 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: 12/ 7/ 2001 Re: AGENDA ITEM #4 — PROCLAMATION — MY FAVORITE TEACHER AWARD AGENDA ITEM #4 — PROCLAMATION FOR MY FAVORITE TEACHER AWARD On September 22, Fountain Hills teacher Pam Aister received national recognition at the National Federation of Republican Women Annual Convention in San Antonio for her accomplishments in the classroom. The Mayor and Manager requested that this national award be recognized at the December 10 meeting. Page 1 of 1 December 10, 2001 Agenda Items Last printed 12/7/2001 12:22 PM 12/7/2001 E L� PAUL WNEILUTRIBUNE Pam Aister, a third -grade teacher at Four Peaks Elementary School in Fountain Hills won this year's "My Favorite Teacher" award from the National Federation of Republican Women. `Stepping Stones' leads to `My Favorite Teacher' award Educator honored for building relationships and going the extra mile for her students BY MIICHELLE REESE TRIBUNE am Aister's philosophy is that the reward of being a good and happy person is that others want to be around you. That's what she hopes to teach her third -grade students with her enthusiasm, caring and smiles. Aister's work with her students is one of the reasons she earned the "My Favorite Teacher" award from the National Federation of Republican Women this year. "I was in shock," the Four Peaks Elementary School teacher said. Aister was nominated by the Fountain Lake Republican Women club in Fountain Hills, to which she belongs. Aister received the honor last week at the national conference in San Antonio. She did not have a speech prepared. I did not plan ahead. I'm a positive thinker, but not that positive," she said. Her accomplishment can be attributed to her 20-plus years as a teacher and the "20 Stepping Stones" project she has worked on for three years. She was a teacher at McDowell Mountain Elementary School, which like Four Peaks is in the Fountain Hills Unified School District, when the program got started as a way to motivate children. The students study one character word every week or two. The words include "patience," "responsibility" and "loyalty." They look up the meaning and then look for examples in themselves and their classmates. "When you know how to actin any situation you have confidence," she said. Aister creates "stepping stone" books for her students to write down their words and examples. To Aister, her students are her children. In 1996, her daughter, Michelle, died from leukemia. She was a student at Arizona State University. "My enthusiasm is how 1 survive," she said. Her students often hear stories about "Shelly." And Aister tries to create a family -like environment "She does a lot of effective education with her kids, a lot of working on character building and taking the time to talk about social things," said Joanne Meehan, principal at McDowell Mountain, where Aister taught last year. Meehan said Aister helps kids think ,about issues such as how they feel when a friend doesn't want to be a friend anymore. "If a child is upset they can't focus on the learning. I think that's where Pam is coming from. Sometimes life's lessons are pretty hard." Focusing on academics is a "given" in the classroom Aister said. It's the family connection that keeps students feeling good about themselves at their school. It's a job Aister doesn't plan to give up anytime soon. Teaching third grade is her passion. "'They're very open. They're ready to see beyond where they've been. There's a whole world out there and they're ready for it," she said. 'She does a lot of effective education with her kids, a lot of working on character building and taking the time to talk about social things.' JOANNE MEEHAN McDowell Mountain Elementary School principal 11ninnfnnre — lonriind a hand E HONORING OUR NATION'S TEACHERS The "My Favorite Teacher Award," a key component of the Federation's No Child Left Behind program for 2001, recog- nizes excellence in education by honoring one of America's outstanding teachers. 0 n behalf of the Federation, Virginia Gov. Jim Gilmore presented the na- tional "My Favorite Teacher Award" to third grade teacher Pam Aister of Fountain Hills, Ariz., during the No Child Left Behind Luncheon at the 31st Biennial Convention. Gilmore presented Aister and each of the run- ners up with a crystal bowl and stand. Aister was selected from among state win- ners chosen during the No Child Left Behind State Education Summits, hosted by state Fed- erations last summer. Each participating state Federation accepted nominations of teachers from their state and designated a panel of dis- tinguished local judges to choose a state win- ner, who was then nominated for the national "My Favorite Teacher Award." All state win- ners attended the convention luncheon ex- cept Patrick Darcy of Missouri. The national winner was selected by a panel of judges that included Dr. Suellen K. Reed, In- diana Superintendent of Public In- struction; Linda C. Schrenko, Georgia Virginia Gov. Jim Gilmore presents the national winner of the "My Favorite Teacher Award," Pam Aister, with a crystal bowl and stand. Superintendent of Schools; and, Ju- dith S. Catchpole, Wyoming Superin- tendent of Public Instruction. NATIONAL RECIPIENT Pam Aister, Fountain Hills, Arizona - A third grade teacher at Four Peaks El- ementary School, Aister chose teach- ing as a second career and says she hopes she can teach "forever." "You just cannot beat being with the kids. They keep you on your toes, they keep you young. Life is exciting around them." (Read more about Ais- ter on page 19). The national and state winners of the "My Favorite Teacher Award" are recognized during the No Child Left Behind Luncheon at the 31st Biennial Conven- tion. Pictured, left to right, are: national winner Pam Aister, Arizona; Vantney Alums, Alabama; Donald King, Texas; Dr. Ann Vaughan, Tennessee; NFRW President Marian Miller; Virginia Gov. Jim Gilmore; Ellen Binkley-Hill, Ohio; Kathy Soula, Nebraska; Cliff Collins, Montana; Deborah Roffman, Maryland; and, Anita Bloomfield, California. STATE RECIPIENTS AND RUNNERS-UP Vantney Alums, Abiton, Alabama - As an instructor in the Dale County School System, Alums teaches geography, criminal justice, Spanish, consumer math, and history, and - to top it off - she is now one of only a handful of women certified in Alabama to teach driver's education. "She was totally honest with me, even when I did not like the answers," says one former high school student. "Most of all, she instilled in me what has become my personal motto: `Reach for the moon because even if you miss, you will still land among the stars."' Ellen Binkley-Hill, Wilmington, Ohio - Al- ready the recipient of several teaching awards, Binkley-Hill is an instructor in the teacher preparation program at Miami University and is dedicated to "recruiting smart, creative, ener- getic people into the field of teaching." She has a marked interest in Ohio's education system and advocates strong reform in the areas of test- ing, accountability, and teacher preparation, re- cruitment, development and retention. Anita Bloomfield, Diamond Bar, California - A second grade teacher at Monte Vista Ele- 18 FALL 2001 mentary School, Bloomfield spent a summer in Mexico learning Spanish and acquiring books and materials so that she could better teach the Mexican immigrants in her classes. One parent says, "She brought out the best in my son and helped him to realize his full po- tential. She is a wonderful teacher and person, and I feel very grateful to have had her as a teacher for my child." Cliff Collins, Kalispell, Montana - Affectionate- ly called "Mr. C" by his fifth grade students, Collins — now retired — established a popular af- terschool program so that his "latchkey" students would not have to go home to an empty house. During the afternoon hours, the students studied current affairs, worked on projects and learned how to play chess. Montana FRW President Billie Love says, "It is common to see young adults ex- claim when seeing Cliff, 'My favorite teacher!" Patrick Darcy, Columbia, Missouri - By the time Darcy became principal of Columbia Catholic School in 1985, he had nearly 20 years of teaching experience under his belt. During his tenure, Darcy has worked to revise the ac- creditation self -study process, select achieve- ment tests for diocesan -wide implementation, and evaluate schools for reaccreditation. Donald King, El Paso, Texas - Retired from the U.S. Army after 22 years as a criminal in- vestigator special agent and chief warrant offi- cer, King teaches criminal justice and social studies at Bowie High School. "He provided the leadership to establish two afterschool programs which build character and self-es- teem — without taking time from academics," Texas FRW President Jan Kennady says. Deborah Roffman, Baltimore, Maryland - For 26 years, Roffman has helped children, par- ents, teachers and other professionals feel more comfortable with a touchy subject - human sex- uality. She currently teaches human sexuality and life skills to students in fourth through 12th grades at the Park School of Baltimore. "Observ- ing Debbie in the classroom working with pre- adolescents or adolescents as they struggle to make sense of the complex and varied issues re- garding the world around them is an awe-inspir- ing experience," says Evelyn McClain, a former colleague of Roffman's. Kathy Soula, Omaha, Nebraska - An early childhood special education instructor in Omaha Public Schools, Soula teaches two integrated class- rooms of special needs children who represent a wide range of skills and disabilities and who come from diverse cultural and socioeconomic backgrounds. One parent says, "She is able to see the needs of children and their families, and she works tirelessly to help each child meet her great- est potential. At the same time, she provides the love, support, encouragement and validation of each child's needs and feelings, and that is what makes her an outstanding educator." Dr. Ann Vaughan, Brentwood, Tennessee - The daughter of Russian immigrants, Vaughan was raised to value education - reading, in partic- ular. She has taught more than 30 years in public and private schools and is a recipient of the Gov- ernor's Outstanding Achievement Award. Vaugh- an, who is Title I director and Reading Recovery site coordinator for Williamson County Schools, says, "Reading is the key which unlocks the door to self-confidence, technology access, adventure, success and life-long learning." Aister Aces Teacher Award Spend just a few minutes with Pam Aister, and you'll see why the Federation's panel of judges bestowed upon her the prestigious title of "My Favorite Teacher." After more than 20 years in the business, Aister still glows with enthusiasm as she relays — grinning from ear to ear — her love of teaching, of children and of life in general. "I start each school year with the motto, 'We're Aces high because we try!"' she beams. "My students are nicknamed Aces and quickly learn that the world is theirs with an 'I Can Do It' attitude, energetic work efforts, and the joy that comes from sharing and believing that each day is a wondrous gift." Aister, a native of Illinois, did not receive her calling to the classroom right away. As a young mother and housewife, she spent hours volun- teering at her daughter's school and talking to the teachers in the teachers lounge. Her natural ability for connecting with children was obvi- ous to many, and some of the teachers con- vinced her to return to school and earn an edu- cation degree. After graduating from Northern Illinois University, she taught fourth and fifth grade in Illinois schools for 10 years. Aister made the move to Arizona to be near her daughter while she attended college. It was- n't long before she was teaching again, this time third grade at Four Peaks Elementary School in Fountain Hills, a cozy suburb of Phoenix with a population of about 20,000. Here, students, par- ents, town leaders, elected officials - practically Aister THE REPUBLICAN WOMAN 19 El the entire community — have grown to love and respect Aister. In fact, some of her programs could be described as local institutions. "Pam's 'power ranger' concept is my per- sonal favorite since it encourages a sense of self worth and belonging which transcends the classroom," says public safety director Steve Gendler. "I have watched the children grow up and move through the grades, yet maintain their identity as one of Pam's 'power rangers.' It is truly inspiring to see the older children come back to her classroom to asso- ciate with the little 'power rangers."' Frank Ferrara, executive director of the Fountain Hills Chamber of Commerce, says, "The program she wrote titled '20 Stepping Stones to Success and Sociability' has been highly successful, as can be evidenced by the fact that it is used in her school as a motiva- tional program which when put into practice helps create a better environment." Aister was honored when the president of the Fountain Lake Republican Women (which was founded by Aister's mother, Eleanor Bentson, and of which she herself is a mem- ber) nominated her for the award, and a stack of nomination letters from those whose lives she's touched followed suit. But when she ul- timately earned the state and national titles, she was stunned. "Words don't explain the feeling," says Ais- ter, who attended the convention with her mother. " I am so thankful for the positive praise for teachers. It was awe-inspiring." Republican women's clubs across Texas raised more than $600 to buy school supplies, which were donated to the San Antonio Independent School District (SAISD) during the No Child Left Behind Lun- cheon at the 31st Biennial Convention. The SAISD dis- tributed the supplies to its neediest students in October. Pictured, left to right, are: Barbara Jordan, Texas Con- vention Host Committee co- chairman; Virginia Gov. Jim Gilmore; NFRW President Marian Miller; Raul Zamora, SAISD director; Kim Kindred, SAISD public relations officer; and, Pat Tillman, Texas Con- vention Host Committee co- chairman. States Blanket Nation with Education Summits The crux of the Federation's No policies and proposals. Texas, August 18 Child Left Behind agenda for 2001 is We are pleased to report that Maryland, Sept. 8 the State Education Summit, which 10 states hosted a summit prior to Missouri, Sept. 8 brings together elected officials, the 31st Biennial Convention in Nebraska, Sept. 8 mid -September, and several more West Virginia, Oct. 12-13 community leaders and Republican will hold summits late this year Idaho, Oct. 27 women to discuss and promote and early next year. Wisconsin, Oct. 27 President Bush's program of high California, April 24 Kansas, November 2 standards and accountability in pub- Ohio, July 14 Virginia, November lic schools. The Summits build on Arizona, July 28 Alabama, Jan./Feb. 2002 the success of the No Child Left Be- Florida, August South Dakota, Feb. 15, 2002 hind political campaign and exam- Montana, August 11 Kentucky, March 15, 2002 ine national and local education Tennessee August 15 ;%".A 20 FALL 2001 Tel (480) 837-5750 Fax (480) 837-5805 E-mail billfarrellaa gwest.net Law Offices of William E. Farrell, P.L.L.C. William E. Farrell MEMORANDUM TO: Mayor and Council Town Clerk FROM: William E. Farrel io g Actin Town Man Town Attorney DATE: December 7, 2001 RE: Contribution to the Boys and Girls Club for Capital Expenditures in Connection with the New Facility Adjacent to the Four Peaks Elementary School Building A. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 As you may recall during budget preparations earlier this year there was some discussion regarding the commitment from the Town to the Boys and Girls club in support of their capital expenditures program to bring a new facility to the Town of Fountain Hills. I have been informed that December is a very exciting month for both the Boys and Girls Club and the School District as the negotiations for a lease may very well come to a successful conclusion this month. I am therefore recommending to the Council that you authorize the contribution of $50,000 to the Boys and Girls Club to be used as they see fit for the appropriate purposes in connection with their new facility to be leased on school property adjacent to Four Peaks Elementary School. The funds are available and if authorized the transfer of funds could be made whenever needed by the Boys and Girls Club. As always Staff would be more than happy to answer any questions and would respectfully request that Council look with favor upon this request. Z:\ W PDATA\FH\Boys&GirlsClubMEM.wpd MEMORANDUM Date: November 28, 2001 To: Mayor and Council From: Scott W. Ruby, Bond Counsel Subject: General Obligation Bond Sale Bids will be received for the purchase of $6,000,000 in principal amount of the Town's General Obligation Bonds, Project of 1997, Series 2001 at 10:00 a.m., on December 10, 2001. Resolution No. 2001-56 awards the purchase of the bonds to the lowest bidder. The resolution also authorizes certain documents to be signed, which documents are necessary for the issuance of the Bonds under the question approved by the voters of the Town at the November 4, 1997 bond election. SWR:gmh 413939 11/28/01 RESOLUTION NO.2001-56 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $6,000,000 AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, PROJECT OF 1997, SERIES 2001; PROVIDING FOR THE ANNUAL LEVY OF A TAX FOR THE PAYMENT OF THE BONDS; ACCEPTING A PROPOSAL FOR THE PURCHASE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE SERVICES OF A BOND REGISTRAR, TRANSFER AGENT AND PAYING AGENT; AUTHORIZING THE PURCHASE OF BOND INSURANCE; APPROVING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUANCE AND SALE OF THE BONDS HEREIN AUTHORIZED; RATIFYING THE ACTIONS OF TOWN OFFICERS AND AGENTS CONCERNING THE BONDS AND THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT PERTAINING TO THE BONDS; AND PROVIDING CERTAIN TERMS, COVENANTS AND PROVISIONS REGARDING THE BONDS. WHEREAS, pursuant to a special bond election held in and for the Town of Fountain Hills, Arizona (the "Town"), on November 4, 1997, the issuance of General Obligation Bonds has been approved; and WHEREAS, the Town now desires to issue and sell $6,000,000 of its General Obligation Bonds, Project of 1997, Series 2001 (the "Bonds"), for the purposes and according to the terms as set forth in this resolution; and WHEREAS, all acts, conditions and things required by the Constitution and laws of the State of Arizona to happen, exist and be performed precedent to and in the adoption of this resolution have happened, exist and have been performed as so required in order to make this resolution a valid and binding instrument for the security of the Bonds authorized herein; NOW, THEREFORE, IT IS RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. Authorization. For the purpose of providing funds to make certain of the acquisitions and public improvements authorized by the qualified electors of the Town at the special bond election held on November 4, 1997, there is hereby authorized to be issued and sold $6,000,000 aggregate principal amount of the Bonds. Section 2. Terms. A. Issuance of the Bonds. The Bonds hereby authorized to be issued shall be designated Town of Fountain Hills, Arizona General Obligation Bonds, Project of 1997, Series 2001 (the "Bonds"). The Bonds shall be dated as of December 1, 2001 and will bear interest from the most recent January 1 or July 1 to which interest has been paid, or in the case of the interest due July 1, 2002, from their original dated date, to the maturity of each of the Bonds. The first interest payment date will be July 1, 2002, and interest shall be payable semiannually SWR:gmh 413279 12/10/01 thereafter on each succeeding July 1 and January 1 during the term of the Bonds. The Bonds are expected to be initially issued in fully registered book -entry -only form in denominations equal to the respective year's maturity amount. If the book -entry -only system is discontinued, the Bonds will be issued in the denomination of $5,000 each or integral multiples thereof. The Bonds will mature on July 1 in the years and amounts and will bear interest at the rates as follows: Maturity Date (Jul 1) Principal Amount Interest Rate Maturity Date (Jul 1) Principal Amount Interest Rate 2002 $ 225,000 6.000% 2012 $ 325,000 4.500% 2003 225,000 6.000% 2013 325,000 4.650% 2004 225,000 6.000% 2014 350,000 4.750% 2005 250,000 6.000% 2015 350,000 4.875% 2006 250,000 6.000% 2016 375,000 5.000% 2007 250,000 6.000% 2017 400,000 5.000% 2008 275,000 4.125% 2018 425,000 5.000% 2009 275,000 4.250% 2019 425,000 5.000% 2010 300,000 4.300% 1 2020 450,000 5.000% 2011 1 300,000 4.400% B. Book -Entry -Only System Payments. So long as the Bonds are administered under the Book -Entry -Only System described herein, interest payments and principal payments that are part of periodic principal and interest payments shall be paid to Cede & Co. or its registered assigns in same -day funds no later than 2:30 p.m. (Eastern Time) on each interest or principal payment date (or in accordance with then existing arrangements between the District and DTC). The Town and the Registrar (as defined hereafter) and Paying Agent (as defined hereafter) on behalf of the Town, are authorized to enter into an agreement (the "Letter of Representations") with DTC in connection with the issuance of the Bonds and, while the Letter of Representations is in effect, the procedures established therein shall apply to the Bonds. C. Registration. If the book -entry -only system is discontinued, the Registrar's registration books will show the registered owners of the Bonds (the owner or owners of the Bonds as shown on the Registrar's registration books shall be referred to as "Owner" or "Owners"). While the Bonds are subject to the book -entry -only system, the Bonds shall be registered in the name of Cede & Co., or its registered assigns. The Bonds will be administered by the Registrar in a manner which assures against double issuance and provides a system of transfer of ownership on the books of the Registrar in the manner set forth in the Bonds. D. Payment. If the Book -Entry -Only System is discontinued, interest on the Bonds will be payable on each Interest Payment Date by check mailed to the Owner thereof at the Owner's address all as shown on the registration books maintained by the Registrar as of the close of business of the Registrar on the fifteenth (15th) day of the month preceding an Interest Payment Date (the "Record Date"). If the Book -Entry -Only System is discontinued, principal of the Bonds will be payable, when due, only upon presentation and surrender of the Bond at the designated corporate trust office of the Paying Agent (as defined hereafter). Upon written request of a registered -2- SWR:amh 413279 12/10/01 owner of at least $1,000,000 in principal amount of Bonds not less than twenty (20) days prior to an Interest Payment Date, all payments of interest and, if adequate provision for surrender is made, principal shall be paid by wire transfer in immediately available funds to an account within the United States of America designated by such Owner. Notwithstanding any other provision of this resolution, payment of principal of and interest on any Bond that is held by a securities depository or Bonds subject to a Book -Entry - Only System may be paid by the Paying Agent by wire transfer in "same day funds". E. Other Terms. The Bonds have such additional terms and provisions as are set forth in the form of Bond attached hereto as Exhibit A, which is a part of this resolution. Section 3. Prior Redemption. A. Redemption. Bonds maturing on or before July 1, 2010, are not subject to call for redemption prior to maturity. Bonds maturing on or after July 1, 2011, are subject to call for redemption prior to maturity, at the option of the Town, in whole or in part, on July 1, 2010, or on any interest payment date thereafter without premium. B. Notice. Notice of redemption of any Bond will be mailed by first class mail, postage prepaid, to the registered owner thereof at the address shown on the books of the Registrar not more than sixty (60) nor less than thirty (30) days prior to the date set for redemp- tion. Notice of redemption may be given to any securities depository by mail, facsimile, wire or other generally accepted means of transmission of such notices. Failure to properly give notice of redemption shall not affect the redemption of any Bond for which notice was properly given. C. Effect of Call for Redemption. On the date designated for redemption by notice given as herein provided, the Bonds so called for redemption shall become and be due and payable at the redemption price provided for redemption of such Bonds on such date, and, if moneys for payment of the redemption price are held in separate accounts by the Paying Agent, interest on such Bonds or portions of Bonds so called for redemption shall cease to accrue, such Bonds shall cease to be entitled to any benefit or security hereunder and the owners of such Bonds shall have no rights in respect thereof except to receive payment of the redemption price thereof and such Bonds shall be deemed paid and no longer outstanding. D. Redemption of Less Than All of a Bond. The Town may redeem an amount which is included in a Bond in the denomination in excess of, but divisible by, $5,000. In that event, the registered owner shall submit the Bond for partial redemption and the Paying Agent shall make such partial payment and the Registrar shall cause to be issued a new Bond in a principal amount equal to the unpaid amount remaining on such Bond after the redemption to be authenticated and delivered to the registered owner thereof. Section 4. Security. For the purpose of paying the principal of, interest and premium (if any) on early redemption and costs of administration of the registration and payment of the Bonds there shall be levied on all the taxable property in the Town a continuing, direct, annual, ad valorem tax sufficient to pay all such principal, interest, premium and administration -3- SWR:gmh 413279 12/10/01 costs on the Bonds as the same becomes due, such taxes to be levied, assessed and collected at the same time and in the same manner as other taxes are levied, assessed and collected. The proceeds of the taxes shall be kept in a special fund and shall be used only for the purpose for which collected. Section 5. Form of Bonds. So long as the Book -Entry -Only System is in effect, the Bonds shall be in substantially the form of Exhibit A, attached hereto and incorporated by reference herein, with such necessary and appropriate omissions, insertions and variations as are permitted or required hereby and are approved by those officers executing the Bonds and execution thereof by such officers shall constitute conclusive evidence of such approval. If the Book -Entry -Only System is discontinued, the Bonds shall be reissued and transferred in forms of Bonds and Certificates to be prepared at that time. The Bonds may have notations, legends or endorsements required by law, securities exchange rule or usage. Each Bond shall be dated the date of its authentication and registration. Section 6. Use of Proceeds. The proceeds from the sale of the Bonds shall be set aside and deposited by the Accounting Supervisor in a separate account and used for the purpose of acquiring an undivided interest in certain mountain preserve land and will be charged against the Town's 20% debt limit (Article 9, Section 8, Arizona Constitution). The money for shall be applied and used solely for such purpose and shall be charged against the ballot question submitted to the qualified electors of the Town at the special bond election of November 4, 1997. Section 7. Execution of Bonds. The Bonds shall be executed for and on behalf of the Town by the Mayor and attested by the Clerk by their manual or facsimile signatures and the Town seal will be either photographically, mechanically reproduced or manually imprinted or affixed on the Bonds. If the signatures are affixed or imprinted by facsimile, the Mayor and Clerk shall execute a certificate adopting as their signatures the facsimile signatures appearing on the Bonds. If an officer whose signature is on a Bond no longer holds that office at the time the Bond is authenticated and registered, the Bond shall nevertheless be valid. A Bond shall not be valid or binding until authenticated by the manual signature of an authorized officer of the Registrar. The signature shall be conclusive evidence that the Bond has been authenticated and issued under this resolution. Section 8. Mutilated, Lost or Destroyed Bonds. In case any Bond becomes mutilated or destroyed or lost, the Town shall cause to be executed and delivered a new Bond of like date and tenor in exchange and substitution for and upon the cancellation of such mutilated Bond or in lieu of and in substitution for such Bond destroyed or lost, upon the registered owner's paying the reasonable expenses and charges of the Town in connection therewith and, in the case of the Bond destroyed or lost, filing with the Town Clerk by the registered owner evidence satisfactory to the Town that such Bond was destroyed or lost, and furnishing the Town with a sufficient indemnity bond pursuant to § 47-8405, Arizona Revised Statutes. -4- SWR:gmh 413279 12/10/01 Section 9. Acceptance of Final Bid. The bid of A. G. Edwards & Sons, Inc. IL (the "Purchaser"), which is on file with the Town Clerk, is hereby accepted as the lowest and best bid and the Bonds are hereby ordered sold to such purchaser in accordance with the terms of such bid and the terms and conditions of the Notice Inviting Proposals for the Purchase of Bonds. The Accounting Supervisor is hereby authorized and directed to cause the Bonds to be delivered to or upon the order of the purchaser upon receipt of payment therefor and satisfaction of the other conditions for delivery thereof in accordance with the terms of the sale. Section 10. Registrar and Paving Agent. The Town will maintain an office or agency where Bonds may be presented for registration of transfer (the "Registrar") and an office or agency where Bonds may be presented for payment (the "Paying Agent"). The Town may appoint one or more co -registrars or one or more additional Paying Agents. The Registrar and Paying Agent may make reasonable rules and set reasonable requirements for their respective functions with respect to the owners of the Bonds. Initially, National Bank of Arizona, Phoenix, Arizona, will act as, and is hereby designated as, the Registrar and Paying Agent with respect to the Bonds. Any entity into which the Registrar and Paying Agent is merged or consolidated shall continue as the Registrar and Paying Agent hereunder without notice to the owners of Bonds or any further action by the Town. The Town may change the Registrar or Paying Agent without notice to or consent of owners of the Bonds and the Town may act in any such capacity. The contract for Registrar's services is hereby approved in substantially the form on file with the Town Clerk to provide for payment of Registrar's services. The Town Clerk or Accounting Supervisor are hereby authorized and either such person is directed to execute the contract with the Registrar. Each Paying Agent will be required to agree in writing that the Paying Agent will hold in trust for the benefit of the owners of the Bonds all moneys held by the Paying Agent for the payment of principal of and interest and any premium on the Bonds. The Registrar may appoint an authenticating agent acceptable to the Town to authenticate Bonds. An authenticating agent may authenticate Bonds whenever the Registrar may do so. Each reference in this resolution to authentication by the Registrar includes authentication by an authenticating agent acting on behalf and in the name of the Registrar and subject to the Registrar's direction. The Registrar shall keep a register of the Bonds, the registered owners of the Bonds and of transfer of the Bonds. When Bonds are presented to the Registrar or a co -registrar with a request to register transfer, the Registrar will register the transfer on the registration books if its requirements for transfer are met and will authenticate and deliver one or more Bonds registered in the name of the transferee of the same principal amount, maturity and rate of interest as the surrendered Bonds. Bonds presented to the Registrar for transfer after the close of business on the Record Date and before the close of business on the next subsequent interest -5- SWR:gmh 413279 12/10/01 payment date will be registered in the name of the transferee but the interest payment will be made to the registered owners shown on the books of the Registrar as of the close of business on the Record Date. The Registrar shall authenticate Bonds for original issue up to $6,000,000 in aggregate principal amount upon the written request of the Accounting Supervisor. The aggregate principal amount of Bonds outstanding at any time may not exceed that amount except for replacement Bonds as to which the requirements of the Registrar and the Town are met. Section 11. Official Statement. The preparation, completion, use and distribution of the Preliminary Official Statement dated November 29, 2001, as amended by that certain addendum thereto dated December 5, 2001 (collectively, the "Preliminary Official Statement"), pertaining to the original issuance of the Bonds in the form now on file with the Town Clerk is approved as a "deemed final" official statement (excepting permitted omissions), by the Town as of its date for purposes of Securities and Exchange Commission Rule 15c2-12 (the "Disclosure Rule"). Either the Mayor or the Accounting Supervisor is hereby authorized to certify or represent that the Official Statement is "final" for purposes of the Disclosure Rule. Such approval of the Preliminary Official Statement by either the Mayor or Accounting Supervisor shall constitute the approval and designation by the Town of the Preliminary Official Statement as a deemed final Official Statement for all purposes of the Disclosure Rule. Either the Mayor or Accounting Supervisor is authorized on the Town's behalf to complete a final official statement to be dated on or about the date hereof, and in substantially the form of the Preliminary Official Statement (the "Final Official Statement"). (The Preliminary Official Statement and the Final Official Statement are collectively referred to herein as the "Official Statement".) The Final Official Statement shall contain such modifications, changes and supplements as either the Mayor or Accounting Supervisor shall approve or authorize as necessary to make true and accurate the information contained therein. Either the Mayor or Accounting Supervisor is hereby authorized to execute and deliver to the Underwriters the Final Official Statement. Either the Mayor or Accounting Supervisor is further authorized to use and distribute, or authorize the use and distribution of, the Final Official Statement and supplements thereto concerning the original issuance of the Bonds as may in the Mayor's or Accounting Supervisor's judgment be necessary or appropriate. The Mayor, Town Clerk or Accounting Supervisor is also authorized to sign and deliver, on the Town's behalf and in their official capacities, such certificates concerning the accuracy of the Final Official Statement and any amendment thereto as may, in their judgment, be necessary or appropriate. Section 12. Continuing Disclosure Undertaking. In order to comply with the provisions of the Disclosure Rule, the Accounting Supervisor is hereby authorized and directed to prepare, execute and deliver on behalf of the Town a written undertaking or agreement for the benefit of the owners of the Bonds. The written undertaking or agreement shall contain such terms and provisions as are necessary to comply with the Disclosure Rule including, but not limited to (1) an agreement to provide to each nationally recognized municipal securities -6- SWR:gmh 413279 12/10/01 information repository and to the Arizona state information depository, if one shall be so designated by the State of Arizona, the financial information or operating data presented in the 4W final official statement as determined by mutual agreement between the Accounting Supervisor and the Underwriter and the Town's audited financial statements and (ii) an agreement to provide material events disclosure to nationally recognized municipal securities information repositories or to any state information depository hereinafter designated and the Municipal Securities Rulemaking Board. Section 13. Rebate Fund; Rebate Payments. The Mayor and the Council hereby authorize the Accounting Supervisor or any agent thereof to create a separate fund to be known as the Rebate Fund. Into such fund shall be deposited any and all moneys deemed necessary to remain in compliance with the provisions of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or any regulations promulgated thereunder. Moneys in such fund shall be segregated or (if authorized in writing by an opinion of bond counsel) commingled with other moneys of the Town. The Accounting Supervisor is ordered and directed to employ or engage one or more arbitrage rebate consultants to calculate annually any necessary rebate amount to be paid to the United States of America. The Accounting Supervisor is authorized and directed to pay any amounts necessary to the United States, as arbitrage rebate(s). Section 14. Bond Insurance or Credit Enhancement. The Accounting Supervisor is hereby authorized to expend or cause to be expended Bond proceeds to purchase a municipal bond insurance policy or other credit enhancements for the Bonds if deemed to be in the Town's best interest. Section 15. Resolution a Contract. This resolution shall constitute a contract between the Town and the registered owners of the Bonds and shall not be repealed or amended in any manner which would impair, impede or lessen the rights of the registered owners of the Bonds then outstanding. Section 16. Severability. If any section, paragraph, subdivision, sentence, clause or phrase of this resolution is for any reason held to be illegal, invalid or unenforceable, such decision will not affect the validity of the remaining portions of this resolution. The Mayor and Council hereby declare that the Town would have adopted this resolution and each and every other section, paragraph, subdivision, sentence, clause or phrase hereof and authorized the issuance of the Bonds pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of this resolution may be held illegal, invalid or unenforceable. Section 17. Ratification of Actions. All actions of the officers and agents of the Town which conform to the purposes and intent of this resolution and which further the issuance and sale of the Bonds as contemplated by this resolution whether heretofore or hereafter taken shall be and are hereby ratified, confirmed and approved. Any change made in the Notice Inviting Proposals for the Purchase of Bonds which do not conform to the prior order of this Mayor and Council are hereby ratified. The proper officers and agents of the Town are hereby authorized and directed to do all such acts and things and to execute and deliver all such -7- SWR:,-mh 413279 12/10/01 documents on behalf of the Town as may be necessary to carry out the terms and intent of this resolution. Section 18. Qualified Tax -Exempt Obligations. The Bonds are not "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code. Section 19. Tax Covenants. In consideration of the purchase and acceptance of the Bonds by the owners thereof and, as authorized by Arizona Revised Statutes, Title 35, Chapter 3, Article 7, and in consideration of retaining the exclusion of interest income on the Bonds from gross income for federal income tax purposes, the Town covenants with the owners from time to time of the Bonds to neither take nor fail to take any action which action or failure to act is within its power and authority and would result in interest on the Bonds become subject to federal income taxes. The Town agrees that it will comply with such requirements as in the opinion of Gust Rosenfeld P.L.C. ("bond counsel") are necessary to prevent interest on the Bonds becoming subject to inclusion in gross income for federal income tax purposes. Such requirements may include but are not limited to making further specific covenants; making truthful certifications and representations and giving necessary assurances; complying with all representations, covenants and assurances contained in certificates or agreements to be prepared by bond counsel; to pay to the United States of America any required amounts representing rebates of arbitrage profits relating to the Bonds; filing forms, statements and supporting documents as may be required under the federal tax laws; limiting the term of and yield on investments made with moneys relating to the Bonds; and limiting the use of the proceeds of the Bonds and property financed thereby. -8- SWR:gmh 413279 12/10/01 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, on December 10, 2001. Mayor ATTEST: Town Clerk APPROVED AS TO FORM: 4�r I'd I Bond Counsel Cj Exhibit A: Bond Form CERTIFICATION I, Cassie Hansen, the duly appointed and acting Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No. 2001-56 was duly passed by the Town Council of the Town of Fountain Hills, Arizona, at a regular meeting held on December 10, 2001, and the vote was aye's and 1 nyy's and that the Mayor and Council Members were present thereat. DATED: December 10, 2001. Town Clerk -9- SWR:.mh 413279 12/10/01 EXHIBIT A (Form of Bond to be used While Book -Entry -Only System is in Effect) Number: Denomination: Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Registrar (or any successor registrar) for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC, (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge, or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein. TOWN OF FOUNTAIN HILLS, ARIZONA GENERAL OBLIGATION BOND PROJECT OF 1997, SERIES 2001 Interest Maturity Original Rate Date Dated Date CUSIP % July 1, 20_ December 1, 2001 Registered Owner: Cede & Co. LPrincipal Amount: AND N0/100 DOLLARS ($ ) TOWN OF FOUNTAIN HILLS, ARIZONA (the "Town"), for value received, hereby promises to pay to the registered owner identified above, or registered assigns as provided herein, on the maturity date set forth above, the principal amount set forth above, and to pay interest on the unpaid principal amount at the interest rate shown above. INSERT CALL FEATURE HERE, IF APPLICABLE Interest is payable on January 1 and July 1 of each year commencing July 1, 2002, and will accrue from the most recent date to which interest has been paid, or, if no interest has been paid, from the original dated date set forth above. Interest will be computed on the basis of a year comprised of 360 days consisting of twelve (12) months of thirty (30) days each. Principal of and interest on this bond are payable in lawful money of the United States of America. Interest payments and principal payments that are part of periodic principal and interest payments shall be received by Cede & Co., as nominee of DTC, or its registered assigns in same -day funds no later than 2:30 p.m. (Eastern Time) on each interest or principal payment date in accordance with existing arrangements between the City and DTC. It is hereby certified and recited that all conditions, acts and things required by the Constitution and laws of the State of Arizona to exist, to occur and to be performed precedent to and in the issuance of this bond exist, have occurred and have been performed and that the series of bonds of which this is one, together with all other indebtedness of the Town, is within every debt and other limit SWR:gmh 413292 12/03/01 A-1 prescribed by the Constitution and laws of the State of Arizona, and that due provision has been made for the levy and collection of a direct, annual, ad valorem tax upon all of the taxable property in the Town for the payment of this bond and of the interest hereon as each becomes due. This bond is one of an issue of general obligation bonds in the aggregate principal amount of $6,000,000 of like tenor except as to amount, maturity date, redemption provisions, interest rate and number, issued by the Town to provide funds to make those certain acquisitions and public improvements approved by a majority vote of qualified electors voting at an election duly called and held in and for the Town, pursuant to a resolution of the Mayor and Council of the Town duly adopted prior to the issuance hereof (the "Resolution") and pursuant to the Constitution and laws of the State of Arizona relative to the issuance and sale of general obligation bonds, and all amendments thereto, and all other laws of the State of Arizona thereunto enabling. For the punctual payment of this bond and the interest hereon and for the levy and collection of ad valorem taxes on all taxable property within the Town sufficient for that purpose, the full faith and credit of the Town are hereby irrevocably pledged. The registrar or paying agent may be changed by the Town without notice. So long as the book -entry -only system is in effect, this bond is non -transferable. If the book -entry -only system is discontinued, this bond is transferable by the registered owner in person or by attorney duly authorized in writing at the designated office of the registrar, which on the original issue date is the corporate trust office of National Bank of Arizona upon surrender and cancellation of this bond. Bonds of this issue will be issued only in fully registered form in the denomination of $5,000 of principal or integral multiples thereof. LThe Town, the registrar and the paying agent may treat the registered owner of this bond as the absolute owner for the purpose of receiving principal and interest and for all other purposes and none of them shall be affected by any notice to the contrary. The Town has caused this bond to be executed by the Mayor, attested by the Clerk and countersigned by the Accounting Supervisor, which signatures may be facsimile signatures and the Town seal has been impressed on this bond. This bond is not valid or binding upon the Town without the manually affixed signature of an authorized representative of the registrar. This bond is prohibited from being issued in coupon or bearer form without the consent of the Town and the occurrence of certain other conditions. TOWN OF FOUNTAIN HILLS, ARIZONA Mayor ATTEST: Clerk SWR:.-mh 413292 12/03/01 A-2 DATE OF AUTHENTICATION AND REGISTRATION: December 20, 2001 AUTHENTICATION CERTIFICATE This bond is one of the Town of Fountain Hills, Arizona, General Obligation Bonds, Project of 1997, Series 2001, described in the resolution mentioned herein. NATIONAL BANK OF ARIZONA, as Registrar Authorized Representative (INSERT INSURANCE STATEMENT HERE, IF APPLICABLE) FORM OF ASSIGNMENT The following abbreviations, when used in the inscription on the face of this bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIFT/TRANS MIN ACT- Custodian TEN ENT - as tenants by the entireties (Cust) (Minor) IT TEN - as joint tenants with right of survivorship under Uniform Gifts/Transfers to Minors Act State and not as tenants in common Additional abbreviations may also be used though not in list above ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Name and Address of Transferee) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated Note: The signature(s) on this assignment must correspond with the name(s) as written on the within registered bond in every particular without alteration or enlargement or any change whatsoever. Signature Guaranteed: Firm or Bank Authorized Signature Signature guarantee should be made by a guarantor institution participating in the Securities Transfer Agents Medallion Program or in such other program acceptable to the Registrar ALL FEES AND TRANSFER COSTS SHALL BE PAID BY THE TRANSFEROR SWR:emh 413292 12/03/01 A-3 Law Offices of is William E. Farrell, P.L.L.C. Tel (480) 837-5750 William E. Fazrell Fax (480) 837-5805 E-mail billfarrellna,gwest.net MEMORANDUM TO: Mayor and Council Town Clerk FROM: William E. Farrel O Town Attorney DATE: December 7, 2001 RE: Extension of Contract with Rural Metro Building A. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 ® This item comes before the Council this evening as a request from the Town Attorney to take an action in regard to the contract for fire and emergency services that existed between Rural Metro and the Fountain Hills Fire District. Our outside counsel are still reviewing the legal relationship that exists between the Town Council and those persons and entities who had contracts with the Fountain Hills Fire District. A.R.S. § 48-812 indicates that all assets and liabilities of the District become the assets and liabilities of the Town at the date upon which service is offered. That date in the opinion of the Town Attorney was October 31 St, 2001. Because there is no clear answer at this point the Town Attorney is recommending that the Council by motion rescind any and all resolutions of the Fountain Hills Fire District that cancel or terminate the Rural Metro contract and that the Town Council specifically reject and cancel Resolution 121300A dated December 13th, 2000 and the June 291h, 2001 agreement to terminate fire protection and emergency medical services between the Fountain Hills Fire District and Rural Metro Corporation. The Town Council at its October 31 St, 2001 meeting specifically authorized the Acting Town Manager and the Town Attorney to enter into contract negotiations with Rural Metro Corporation for Fire and Emergency services and therefore no additional contract authority is requested at this time. Fountain Hills Fire Department 16426 East Palisades Boulevard Fountain Hills, AZ 85268 (480) 837-9820 FAX (480) 837-6167 Resolution 121300A A FORMAL RESOLUTION OF THE ELECTED BOARD OF THE FOUNTAIN HILLS FIRE DISTRICT SHALL GIVE NOTICE OF CANCELLATION OF THE FIRE PROTECTION AND EMERGENCY SERVICE CONTRACT BETWEEN FOUNTAIN HILLS FIRE DISTRICT AND RURAL/METRO. COMMENCING JULY 1, 1993 AND AS AMENDED ACCORDING TO PARAGRAPHS 6.4 AND 6.5 OF THE AFOREMENTIONED CONTRACT AND AUTHORIZING THE CHAIRMAN OF THE FIRE BOARD TO GIVE LEGAL NOTICE AS REQUIRED WITHIN 48 HOURS. THEREFORE IT IS HEREBY RESOLVED, APPROVED, ADOPTED AND DIRECTED THIS THIRTEENTH DAY OF DECEMBER 2000. y CHAIRMAN DAVID F. HANSEN �11 11/29/2001 11:10 8373249 TRAVIS&SONS PAGE 01 Fountain Hills Fire Department 16426 East Palisades Boulevard Fountain Hills, AZ 85268 (480) 837-9820 FAX (480) 837-6167 December 14, 2000 Rural/Metro Corporation Attn: Director of Government Relations PO Drawer F Scottsdale, AZ 85252 Re: Fire Protection and Emergency Medical Services Agreement between the Fountain Hills Fire District and Rural/Metro Corporation dated July 1, 1993 Dear Rural/Metro Director: Please be informed that on December 13, 2000, the Fountain Hills Fire District Board of Directors adopted the following resolution: Resolution '121300A A FORMAL RESOLUTION OF ZCANCELLATIONHE ELECTED OBOARD THE OF THE FIREIN PROTECTION LLS FIRE ANDDISTRICT SHALL GIVE NOTICE OF AND EMERGENCY SERVICECCoENC1NG Jt7LY 1, 199 AND AS TRACT BETWEEN FOUNTAIN IAMEND D LLS FIRE DISTRICT AND RURAL/METRO, ACCORDING TO PARAGRAPHS 6.4 AND 6.5 OF THE AFOREMENTIONED CONTRACT AND AUTHORIZING THE CHAIRAN OF THE FIRE BOARD TO GIVE LEGAL NOTICE M AS REQUIRED WITHIN 48 HOURS. THEREFORE IT IS HEREBY RESOLVED, APPROVED, ,ADOPTED AND DIRECTED THIS THIRTEENTH DAY OF DECEMBER 2000. In accordance with the above Resolution 121300A and Articles 6.4 and 6.5 of the above referenced Agreement between Fountain Hills Fire District and Rural/Metro, please be infomled and you are hereby notified that the subject Agreement is being tenninated and said Agreement will expire on December 15, 2001. a , Hansen . 4 Chairman of the Board C: William Bennett, Esq. Fountain Hills Fire Board Members AGREEMENT TO TERMINATE FARE PROTECTION AND EMERGENCY MEDICAL SERVICE AGREEMENT THISAGREEMENT is made and entered into thisday of June, 2001, by and betwe en the FOUNTAIN HILLS FIRE DISTRICT, a municipal fire district (hereinafter referred to as the "Fire District") and RURALIMETRO CORPORA770N, a Delaware corporation (hereinafter referred to as "Rural/Metro"). RECITALS WHEREAS, the Fire District and Rural/Metro entered into that certain Fire Protection And Emergency Medical service Agreement dated March 10, 1993 (with a stated commencement date of July 1, 1993)(hereinafter referred to as the "Fire Protection Contract" or the "Contract"), wherein Rural/Metro agreed to provide the community of Fountain Hills with fire and emergency related services for a period of ten (10) years; WHEREAS, the Fire Protection Contract has been amended from time -to -time by the mutual agreement of the Fire District and Rural/Metro; WHEREAS, paragraphs 6.4 and 6.5 of the Fire Protection Contract provides that either party to the Contract may terminate the contract, with or without cause, upon one (1) calendar year notice; WHEREAS, on or about December 1.3, 2000, the Fire District passed Resolution 121300A which gave notice to Rural/Metro under the terms of the Fire Protection Contract of the Fire District's intent to cancel and terminate the Contract as of December 15, 2001; and WHEREAS, the parties are desirous of mutually agreeing to cancel and terminate the Fire Protection Contract upon certain terms and conditions. NOW THE„REFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto mutually agree as follows! 1. Effective Date of Termination. The parties mutually understand and agree that the Fire Protection Contract is to be terminated as of 12:00 o'clock noon, MST, on December 15, 2001 (hereinafter referred to as the "effective date") it being agreed that provisions in such Contract regarding notice, if any, are waived by the parties. busliermagr.doe 2. Increage in Compensation. The termination of the Fire Protection Contract on the agreed effective date shall not affect any of the rights or obligations of either party to the Contract accruing prior to such effective date, except that the terms of the Fire Protection Contract shall be modified as follows: a. During the period commencing July 1, 2001, through December 31, 2001, the compensation for services provided by Rural/Metro shall be the amount as set for in the Agreement and Understanding Worksheet-Fiscal Year 2001-2002 (Partial Term) attached hereto as Schedule 1 and incorporated herein by this reference. b. Notwithstanding the provisions of paragraph 2.a. hereof, the December, 2001 monthly installment shall be paid on the effective date of the termination of the Fire Protection Contract. c. Notwithstanding the provisions of paragraph 2.a. hereof, footnote 2 of Schedule 1 shall be modified to provide: 2. With Fire District prior approval and/or notification by Rural/Metro, daily variances between job types may occur due to sick, K day, and vacation events. 4 paramedics will be on shift at all times excluding the DFM from 0800-1700. 3. Purchase of Inventory and Fire District Property. A. Upon the effective date of the termination of the Fire Protection Contract, the Fire District agrees to pay Rural/Metro the sum of $431734.80 for all inventory items owned by Rural/Metro as described and further identified in the inventory list attached hereto as Schedule 2 and incorporated herein by this reference, including the commercial washer and dryer at Station 023. Notwithstanding the itemization of inventory items listed on Schedule 2, the parties hereto mutually agree that any inventory item listed in Schedule 2 as belonging to the Fire District and all other items of equipment, fixtures, appliances, vehicles and other inventory items not listed on Schedule 2 but currently being used by Rural/Metro as a part of the Fire Protection Contract shall belong to the Fire District (hereinafter referred to as the "Fire District property'►3. During the remaining term of the Fire Protection Contract, Rural/Metro agrees to maintain all inventory items to be sold to the Fire District and all Fire District property in good condition and busltermap.doc repair, to replace any items of inventory and Fire District property that become broken and/or inoperable, to perform proper repairs and maintenance to all items of inventory and all items of Fire District Property, and to deliver to the Fire District the inventory listed in Schedule 2 and all Fire District property in good operating condition on the effective date of termination of the Fire protection Contract. B. Within ten (10) days from the execution of this Agreement, Rural/Metro will take all necessary action to transfer all of its right, title and interest in the EDITH House to the Fire District. 4. Good Faith Performance. The parties hereto agree to devote their best efforts to the purpose of the Fire Protection Contract and this Agreement and to conform to the best of their abilities with the terms of these documents. Rural/Metro agrees to perform and otherwise carry on its business under the terms of the Fire Protection Contract diligently, in the ordinary and regular course of business, and in the same manner as heretofore conducted. 5. General Mutual Release. In consideration of the payments provided for herein, the mutual covenants contained herein, and the mutual relinquishment of the respective rights with reference to any disputes and differences, each party, for itself and its legal representatives (former and current], expressly releases, acquits and forever discharges the other, and its' employees, managers, board members, consultants, agents and all other legal representatives from all liability, rights, claims, demands, damages, costs, losses, expenses or causes of action of any kind whatsoever, whether known or unknown, arising out of or in any way arising out of any and all known and unknown, foreseen or unforeseen damages whatsoever and the consequence thereof resulting from the Fire protection Contract. The parties understand and agree that the payment of the consideration for this general mutual release is not to be considered as an admission of liability on the part of either party, said liability being expressly denied, but that this release is made in compromise and full settlement of any and all disputed claims between the parties. 6. cooperation. The parties heretoagree to documents fully, to execute any and all necessary pp and to le ortake ppropriateltoonal effectuatesthelch terms,, conditionsbe and desirable or appropriate intent of the Fire protection Contract and this Agreement, an which are not inconsistent with their terms. In addition to the 3 baellermngr.dne foregoing agreement between the parties to cooperate fully with each other to comply with the terms of the Fire Protection contract and this Agreement, the parties mutually further agree that during the thirty (30) day period immediately preceding the effective date of termination of the Contract to reasonably respond to reasonable requests of the Fire District to accomodate the Fire District in transitioning through the effective date of termination of said Contract. 7. Expenses and costs. Each party shall bear its own costs, fees and other expenses in connection with the negotiations and execution of this Agreement provided, however, should any proceedings or litigation (including arbitration) be commenced between the parties hereto concerning the terms of this Agreement, or the rights and duties of the parties hereto, the prevailing party in such proceedings or litigation shall be entitled, in addition to such other relief as may be granted, payment of all of its costs, expenses (including, but not limited to, expert fees), and attorneyst fees incurred in connection therewith. S. Entire Agreement. This Agreement, including the Schedules attached hereto and incorporated by reference herein, is intended by the parties hereto to be the final agreement of the terms notwithstanding any representation, statements or agreements to the contrary heretofore made. The parties further agree and acknowledge that no promise, inducement or representation not herein expressed of any kind concerning any subject has been made to either by any party, nor by any agent, representative, or attorney of any such party, which have in any way influenced it in its decision to enter into this Agreement. This Agreement may be modified only by a written agreement signed by each of the parties hereto. 9. Corporate Authority. Each party warrants that any corporate action necessary to approve or authorized this Agreement has been taken and is in effect. The individuals signing this Agreement on behalf of each party are authorized by the party to execute this Agreement on the party's behalf. 10. counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. buslterma8r.doc 4 E IN WITNESS WHEREOF, the parties have caused this Agreersent to be executed as of the date and year first above mentioned. FOUNTAIN HILLS FIRE DISTRICT "Fire District" i F. ansen Chairman RURALIMETRO CORPORATION "Rural/Metro" By Its �'aF�s1►�� brreVzrmagr.dna 5 Memo To: The Honorable Mayor and Council From: Steve Gendler, Public Safety Director Through: William Farrell, Acting Manager Date: 12/7/2001 Re: Public Safety Department Concept The purpose of this memorandum is to provide the Council with background material for the December 101h meeting. It is important to note that this is an information item only and that staff is seeking direction regarding whether or not to proceed on developing a proposal for Council action at a later date. Executive Summary: The concept involves organizing all public safety responsibilities into one department. The Fountain Hills Public Safety Department would have four divisions; Emergency Medical Services, Fire Services, Law Enforcement Services, and Community Policing Services. This would not change the current practice regarding use of contract services, assignment and supervision of their field personnel, or operational procedures they use. It would also not require any additional resources. The department would be administered by a Public Safety Director who reports to the Town Manager. This individual, a member of town staff, would be administratively responsible for planning, budgeting, contracts and grants. Operational responsibility in each of the four divisions would be with the individual division heads regardless of whether they are town employees or contract personnel. The concept is based on practices we currently employ in Engineering, Community Development, Parks, and Administration where division heads and assistant directors in various areas such as streets, public works, building safety, planning and zoning, parks and recreation, accounting, facilities, information management, and human resources report to their various department heads who report in turn to the town manager. There is also precedent in neighboring communities to have contract services reporting to a member of the town staff. Background: This idea resulted from a request by Mr. Farrell earlier this fall to develop a concept outlining the role of the Marshals Department in relation to our contract services. With the town assuming responsibility for fire services, the concept proposal was expanded to address all public safety services and contracts. Possible Benefits: Synergy- The net effect of combining these services into one department would be more beneficial to the community than if the individual services were operated separately. For example, in an emergency or natural disaster the public safety resources are already blended, duties established, and communication in place so that valuable time is not lost in getting set up, organized or resolving questions. Flexibility- Under one administrative "umbrella", it is possible to adjust rapidly to changing priorities and needs. This is particularly true in temporary or short-lived situations such as special events, evacuations, house -to -house notifications, or the need for more eyes and ears in the field. Economy- Some duplication of effort can be eliminated and resources shared. For example, the fire service is installing a vehicle fueling facility which could be made available to law enforcement and community policing vehicles. There are times when public property protection demands strain available resources and having someone present at the community center or park has to be done on overtime. This could be handled by available personnel from one of the other divisions in the course of their normal duties. There are also times in the law enforcement area when deputies might be engaged in their primary duties and secondary duties such as traffic control could be handled by other personnel. The economic benefit comes from the fact that as individual agencies, we need to be staffed sufficiently for all contingencies. As a combined agency, the temporary availability of resources from another division helps address the contingency staffing expense. Economy can also be achieved by the fact that we might qualify for a wider variety of grants as a public safety agency rather than individual law enforcement or fire services. At the very least, the combined size and service responsibility would increase our standing in competing for grants. Efficiency- One benefit is to reduce the span of control for the town manager allowing more opportunity for strategic rather than tactic concerns. Currently the department heads from Administration, Parks, Engineering, the Community Center, Marshals, the Court, and Community Development are supervised by the town manager while representatives from the Street Department, MCSO, and Public Works participate in the weekly tactical meetings. n Another benefit of this concept is the more efficient use of existing facilities and planned improvements in areas such as communications. For example, the fire station south of Shea and the one eventually planned for the northwest section of town could also provide a place for law enforcement personnel to prepare reports or store equipment without having to come back to the town hall complex. These stations, at the same time, could be placed on the town's telephone and information systems that would benefit the fire service. The town is currently engaged in a 3-year upgrade of radio systems that will allow direct communication between law enforcement personnel that could be expanded to the fire services. This would put all public safety services on the same frequency in the event of an emergency. In addition to communications, there are other opportunities for joint emergency preparedness as well as instances where we could help one another in observing situations in the field as part of fire patrol and police patrols. Finally, in the area of efficiency, the proposed concept could help facilitate fiscal planning and budget review by accounting for all public safety resources in one department. We do this already by including costs of the MCSO contract in the Marshals Department budget and could extend the practice to include Rural/Metro in a public safety department budget. Requested Action: The concept outlined in this memorandum is presented for information only. If the Council believes it has merit and would like it developed into a proposal to act upon, please provide direction to staff. Respectfully Submitted, Steve Gendler Public Safety Director / So Introduction Mayor Morgan, members of the Council, good evening The purpose of my presentation tonight is outline a concept for your consideration regarding public safety and emergency services in Fountain Hills. For administrative reasons, I am suggesting that our existing contract and municipal services be organized into a Fountain Hills Public Safety Department. ***Slide 41 This grew out of a request from our acting manager, Bill Farrell, who earlier this fall asked for a concept which would help outline the role of the Marshals Department in relation to our contract services. With the town assuming responsibility for fire services, the original concept was expanded to address all public safety services and contracts. The plan The Fountain Hills Public Safety Department is based on continuing our existing contracts for services from the Sheriffs Office and Rural Metro by organizing into four divisions. * * * Slide #2 I want to emphasize before going on that this would not change the current practice regarding use of contract services, assignment, scheduling and supervision of contract service personnel, or the operational procedures they follow. It would however, provide a framework for public safety planning, budgeting and coordination of effort. The four divisions which make up the Public Safety Department are: ***Slide #3 • Emergency services — consisting of ambulance and emergency medical services provided by Rural/Metro • Fire Services — consisting of fire prevention, public information, and firefighting services provided by Rural/Metro • Law Enforcement Services — consisting of patrol services, criminal investigations, and law enforcement response services provided by the Sheriffs Office • Community Policing Services — consisting of code enforcement, crime prevention, school resources and special events currently provided by the Marshals Department The department would be administered by a Public Safety Director who reported to the town manager. * * *Slide #4 This would be consistent with the practice the town follows in its other departments such as Community Development where planning and zoning and building safety report to a single department head and Engineering where the streets department and public works report to a single department head as well as the way we have structured the Parks and Recreation Department and Administration Department There is one important difference in this concept. In deference to the contract services from Rural Metro and the Sheriff, the Public Safety Director would have administrative responsibility for areas such as planning, budgeting, contract administration and grants while operational responsibility would remain with the four divisions. In other words, we would defer to Captain Penrose for operational command of the Sheriffs services, to chief LaGrecca for command of the fire services and designate someone from the existing staff, other than the Public Safety Director, to oversee the emergency medical services and community policing services. I want to emphasize that this concept would not require any additional resources and can work regardless of whether the various divisions are headed by town employees or contract personnel. Benefits This concept has a number of other benefits to the residents of Fountain Hills. ***Slide#5 Synergy — There is a principle which called synergy that basically says the sum of the whole is greater than the various individual parts. I believe that is one of the benefits we would have here. For example, in an emergency or natural disaster, the public safety resources would already be in place, their duties clearly established and communications in place so that valuable time is not lost in getting set up, organized, or resolving jurisdictional questions. Flexibility — Under one administrative "umbrella", it is possible to adjust rapidly to changing priorities and needs. This is particularly true in temporary or short-lived situations such as emergency evacuations, house -to -house notifications, or instances when we need more "eyes and ears" in the field such as missing children. As separate organizations, we have to depend upon one to notify another, as a single organization, these notifications could be made part of the operating system. Economy — Some duplication of effort can be eliminated and resources shared. For example, the fire service is installing a vehicle fueling facility which could be made available to law enforcement and community policing vehicles. There are times in the law enforcement area when deputies might be engaged in their primary duties and secondary duties such as traffic control could be handled by other personnel. The key economic benefit comes from the fact that as individual agencies, we have to staff sufficiently for all contingencies. As a combined agency, the temporary availability of resources from another division could help address the contingency staffing expense. Economy can also be achieved by the fact that we might qualify for a wider variety of grants as a public safety agency rather than individual law enforcement or fire services. At the very least, the combined size and service responsibility would increase our standing in the competition for grants and alternate funding. Efficiency — One benefit is to reduce the span of control for our town manager allowing more opportunity for strategic rather than tactical concerns. Currently the department heads from Administration, Parks, Engineering, the Community Center, Marshals, the Court, and Community Development are supervised by the manager. By combining the public safety resources into one department that span of control would remain at 7 instead of increasing to 9 separate departments. Another benefit of this concept is the more efficient use of existing facilities and planned improvements such as communications. For example, the fire station south of Shea and the one planned for the northwest portion of the community might provide a place for law enforcement personnel to prepare reports without having to come all the way back to the town hall complex. These fire stations at the same time could be placed on the town's telephone and information systems which would benefit the fire services. The town is currently engaged in a 3-year upgrade of radio systems that will allow direct communication between law enforcement personnel which could be expanded to the fire and emergency medical services. This would place all public safety services on the same frequency in the event of an emergency. In addition to communication, there are other opportunities for joint emergency preparedness as well as instances where we could help one another in observing situations in the field as part of fire operations and police patrols. Finally, in the area of efficiency, the proposed concept could help facilitate fiscal planning and Council budget review by accounting for all public safety resources in one department. We do this already by including costs of the Sheriffs contract in the Marshals Department budget and could extend this practice to include Rural/Metro in a public safety department budget. Summary The concept of a public safety department for the town is what Mr. Farrell refers to as a "work in progress". It is simply an administrative means of coordinating our existing resources and public safety contracts. It does not have any additional costs, does not do away with contract services, and does not interfere with assignment, scheduling, supervision and operational command of contract personnel by Captain Penrose or Chief LaGrecca. What it does is provide us with a means for fiscal planning, a framework for the budget, and a system for more efficient use of the resources. Requested Action As a member of the town staff, I am presenting this concept tonight for your information. If the Council believes it has merit and would like to see it developed into a proposal for 046, implementation, please provide direction to the staff. ***Slide #6 A N O FAIN y,�t o N d fST. 1989 tea' •9��rhat Is pt�ti° DATE December 6, 2001 Town of FOUNTAIN HILLS Community Center MEMORANDUM TO: The Honorable Mayor and Town FROM: James B. Wipers, CommunitCen irector THROUGH: William E. Farrell, Acting Town Manager SUBJECT: November Activity Report for the Fountain Hills Community Center. For Council's information, please find the attached November Activity Report for the Fountain Hills Community Center. The report details, by date, the different activities, attendance and fees collected for rent, miscellaneous charges, food commissions, and liquor sales. Amounts shown are those charged for the event and may not necessarily have been collected in total by the end of the month. Surprisingly, November was an even busier month than October with an increase of over twenty more activities. Additionally, we had some very special moments with the Flag Raising Ceremony on November I Ph and the wonderful time of decorating trees in the lobby for the Holiday Season on the 30th. A special note of thanks to Evelyn Bretting and her terrific group of volunteers who made the tree -decorating event a very special time. As Evelyn noted in her Letter to the Editor, we too feel the new Community Center is very quickly becoming the center of the community. It is a terrific facility that continually strives to meet the needs of its residents. From the Center staff to all members of the Town Council, we certainly appreciate your support and wish each of you the very best this Holiday Season. November summary is as follows: Activities — 142, YTD 263; attendance — 8,554; YTD 14,270; space rent - $5,795, YTD $10,105; misc. fees - $260, YTD $643; food — $524, YTD $1,411; liquor - $9,097 YTD $15,339; total revenues - $15,676, YTD $27,499. 13001 N. La Montana Dr. - Fountain Hills, Arizona 85269 - (480) 816-5200 - FAX: (480) 837-4452 • A N A A O W cD CO Do W J W m W UUl W A W W W N co 1 W 0 N CD N CO N v N D7 N Ui N A N W PI) N NDN O 1�� (D W v -� O 1 Ui 1 A 1 W 1 N 1 �1 O �� `' of V' cJ1 A W N -• S C c C 0 ? `< CL D a`c ) w \ \a W 0 �► 0 � 0 j 0 � 0 1 0 � 0 1 om J -t m -n -i m M :I) 0 C3 0 > w m_ 0 cn w a _ a g N o r...co 0 0 C o z0 —c a-o cn su <v c =» 3 m rc 0 0 c 0 c 2 c a��CD m o .-..�.� -n o -n m w m �ao =r r 0 to sv SI) Q- m� > cS0 > m 0`< � -+ N � 'O��°� � � � 7o co m �<o -__� co' W -• n A� c<D ocW—oc.3oc. O n � m CD Co CD MW CD mCD ma��c�Dc�D We CD ?� n 3 y (n ? 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