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HomeMy WebLinkAboutRes 2008-0540 RESOLUTION NO. 2008-05 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ORDERING AND CALLING AN ELECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA ON MAY 20, 2008, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE QUESTION OF THE PROPOSED AMOUNT TO BE RAISED BY PRIMARY (AD VALOREM) PROPERTY TAXES. WHEREAS, the Mayor and Council (the "Town Council ") of the Town of Fountain Hills, Arizona (the "Town "), have determined that the Town should levy primary (ad valorem) property taxes in the next and each succeeding tax year for the purposes permitted by applicable law and to be set forth in the official ballot; and WHEREAS, pursuant to ARIZ. REV. STAT. § Section 42- 17056, as amended, the Town Council must submit the proposed amount to be raised by primary (ad valorem) property taxes for approval of the qualified electors of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. Pursuant to ARIZ. REV. STAT. §§ 42- 17056, 35 -453 and 35 -454, as amended, an election in the Town is hereby ordered and called to be held on May 20, 2008, at which time there shall be submitted to the qualified electors of the Town the proposed amount to be raised by primary (ad valorem) property taxes as set forth in the form of ballot attached hereto, marked Exhibit A and hereby made a part of this resolution. SECTION 2. The officers of the Town are hereby authorized to do all things necessary or appropriate to conduct the election, including the preparation and distribution of an informational pamphlet. The Town Clerk is hereby authorized and directed to cause the informational pamphlet to be prepared and mailed as required by law and in accordance with the provisions of this resolution and to cause a copy of the informational pamphlet to be submitted to the Arizona Department of Revenue within thirty (30) days after the election. SECTION 3. Notice of the special election is ordered to be given by causing the informational pamphlet to be mailed not less than thirty -five (35) days before the date of election to the residences in which a registered voter of the Town resides as shown on the general county register. SECTION 4. The election will be conducted and the poll lists kept, and the votes cast thereat shall be counted and tabulated and the returns thereof will be made in the manner provided by law and only persons will be allowed to vote at the election who are qualified electors of the Town. The polls will open at 6:00 a.m. and will close at 7:00 p.m. The election may be consolidated with the general election conducted in the Town on May 20, 2008. SECTION 5. Early voting will be permitted at the election in accordance with the provisions of Title 16, Chapter 4, Article 8, Arizona Revised Statutes, as amended. 799486.1 SECTION 6. In order to comply with the Voting Rights Act of 1965, as amended, the following proceedings pertaining to this election will be translated into Spanish and posted, published and recorded in each instance where posting, publication and recording of such proceedings are required, to -wit: ballot, voter informational pamphlet, all early voting material and all instructions at the polls. SECTION 7. The Town Clerk is hereby directed to cause ballots to be printed and delivered to the election boards to be furnished to the qualified electors offering to vote at the election. The election may be conducted using either electromechanical or electronic vote recording and ballot counting equipment or paper ballots, as shall be determined to be in the best interests of the Town by the Maricopa County Elections Department and the Mayor and the Town Clerk or either of them. The Mayor and the Town Clerk or either of them is authorized and directed to enter into a contract with the Maricopa County Recorder to obtain precinct registers for the election and to enter into an agreement with the Maricopa County Elections Department to conduct the election for the Town. SECTION 8. As soon as the polls are closed, the election officials will forward the votes cast to the Town Council for canvassing. The Town Council will meet at the Council Chambers on a day that is within twenty (20) days after the election date to canvass the returns of the election. The Town Council will be governed by the vote of the majority on the question submitted. [SIGNATURES ON FOLLOWING PAGE] 799486.1 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, on January 17, 2008. FOR THE TOWN M REVIEWED BY: AIN HILLS: Kathleen M. Zanon, Interim Town Manager ATTESTED TO: CERTIFICATION AS TO FORM: J. McGuire, Town I, Bevelyn J. Bender, the duly appointed and acting Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No,2m-O,Swas duly passed by the City Council of the Town of Fountain Hills, Arizona, at a regular meeting held on January 17, 2008, and that the Mayor and 6 Council Members were present thereat. i 799486.1 EXHIBIT A OFFICIAL BALLOT FOR SPECIAL ELECTION IN AND FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA ON MAY 20, 2008. QUESTION PURPOSE: PRIMARY (AD VALOREM) PROPERTY TAX IMPLEMENTATION Shall the Mayor and Council of the Town of Fountain Hills, Arizona, be authorized to levy a primary property tax not to exceed $4,500,000.00? If such amount is approved by the voters, it will be the base for determining levy limitations for the Town for subsequent fiscal years. PRIMARY LEVY, YES ❑ PRIMARY LEVY, NO ❑ FOU -1-aI