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RESOLUTION NO. 1992 -16
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, SUPPORTING THE
PROPERTY OWNERS WITHIN FOUNTAIN HILLS RESIDENTIAL PLAT
203 IN ORGANIZING PROPERTY OWNERS ASSOCIATIONS TO ADOPT
PROCEDURES TO FILL VACANCIES ON THE RESPECTIVE
COMMITTEES OF ARCHITECTURE; AND ENCOURAGING PROPERTY
OWNERS WHO BELIEVE THAT IT IS IN THEIR BEST INTEREST TO
MAINTAIN CONTINUED ARCHITECTURAL CONTROL TO USE THEIR
BEST EFFORTS TO ORGANIZE OR JOIN SUCH ASSOCIATIONS.
WHEREAS, the Declarations of Reservations recorded with respect to substantially all
of the residential plats within the Town of Fountain Hills contain provisions for the appointment
of a Committee of Architecture with the authority, inter alia, to approve the architectural
character of each structure constructed within such plats; and
WHEREAS, each of the Declarations of Reservations recorded prior to 1974 provide that
for a period of twenty years the Declarant thereunder shall have the power to create and fill
vacancies on the Committee of Architecture; and
WHEREAS, the authority of the Declarant to fill vacancies on the Committees of
Architecture has expired for many plats and will, over the next two years, expire for many others;
and
WHEREAS, each of said Declarations of Reservations provide that at the end of said
twenty year period vacancies on the Committee of Architecture shall be filled through a
procedure adopted by a majority of the then lot owners; and
WHEREAS, the Town of Fountain Hills, acting through its Town Council, does not
presently have the authority to assume responsibility for staffing or filling vacancies on the
Committee of Architecture; and
WHEREAS, it is the belief of the members of this Town Council that a procedure for
continued architectural control of new structures within the residential neighborhoods of Fountain
Hills is in the best interest of the community,
NOW THEREFORE, be it resolved that:
This Town Council hereby expresses its support to the property owners within Fountain
Hills Plat 203 and within other plats in the Town of Fountain Hills to organize one or more
Property Owners Associations for the purpose of adopting a procedure to fill vacancies on the
respective Committees of Architecture as they shall occur; and
IF It is further resolved that this Town Council encourages those property owners who
1✓ believe that it is in their best interest to maintain continued architecture control to use their best
efforts to organize or join such Property Owners Associations.
PASSED AND ADOPTED this 18th day of June, 1992
Joh . Cutilto, Mayor
ATTEST:
Cassie B. Hansen, town Clerk
APPROVED AS TO FORM:
William E. Farrell, Town Attorney
RE D BY:
Paul L. Nordin, Town Manager
Resolution 1992 -16
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