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RESOLUTION NO.1995-20
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,
AUTHORIZING AND APPROVING AN AMENDMENT TO THE
DISTRICT DEVELOPMENT,FINANCING PARTICIPATION
AND INTERGOVERNMENTAL AGREEMENT TO WHICH THE
MUNICIPALITY IS A PARTY,ACKNOWLEDGING THE
DELETION OF THE FOUNTAIN HILLS SANITARY DIS
TRICT AS A PARTY THEREFROM
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,as follows:
Section 1.Findings.
a.By a resolution ofthe governing body ofthe
Town of Fountain Hills,Arizona,an incorporated municipality of
the State of Arizona (hereinafter referred to as the "Municipal
ity"),adopted on February 16,1995,based upon a Petition for
Adoption ofa Resolution DeclaringFormation of Eagle Mountain
Community Facilities District (hereinafter referred toasthe
"Petition"),signed bythe entity which,onthe date thereof and
the date hereof,was and is the owner of all real property as shown
on the assessment roll for State and county taxes for Maricopa
County,Arizona,or,ifsuch person shown on such assessment roll
wasno longer the owner oflandin Eagle Mountain Community Facili
ties District (hereinafter referred to as the "District"),was the
entity which wasthe successor owner which becameknownandwas
verified by recorded deed or similar evidence of transfer of owner
shiptobetheownerofsuchreal property (hereinafter referred to
as the "Petitioner")described in the Petition by metes and bounds
(pass/fail
Resolution No.1995-20
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tobein the community facilities district,the formation of which
was prayed forbythe Petitioner inthe Petition,pursuant to Title
48,Chapter 4,Article 6,Arizona Revised Statutes,as amended
(hereinafter referred toasthe "Act"),the Petition was granted
andthe District was formed asa district pursuant tothetermsand
provisions of,andwiththepowersandauthorityestablished by,
theAct,with jurisdiction over the "Property"(assuchtermis
defined in the Petition).
b.Pursuant to the Act and Section 9-500.05,Ari
zona Revised Statutes,as amended,the Municipality,the District
andthe Petitioner may enter intoa "development agreement"to
specify,among other things,conditions,terms,restrictions and
requirements for "public infrastructure"(as such term is defined
intheAct)and the financing of public infrastructure.
c.With regard totheProperty,the Municipality
and the Petitioner determined to specify some of such matters in
such an agreement,particularly matters relating tothe acquisition
of certain public infrastructure bytheDistrict,the acceptance
thereof bythe Municipality and the reimbursement or repayment of
the Petitioner with respect thereto,all pursuant to the Act.
d.Pursuant to the Act and Title 11,Chapter 7,
Article 3,Arizona Revised Statutes,as amended,the District and
the Municipality may enter into an "intergovernmental agreement"
with one another for joint or cooperative action for services and
to jointly exercise any powers common to them and forthe purposes
Resolution No.1995-20
ofthe planning,design,inspection,ownership,control,mainte
nance,operation or repair of public infrastructure.
e.There was approved and authorized by uson
March 16,1995,in connection with the purposes described in para
graphs l.b.through d.a District Development,Financing Participa
tion and Intergovernmental Agreement No.1(Eagle Mountain Commun
ity Facilities District),dated asof March 1,1995 (hereinafter
referred toasthe "Development Agreement"),byand among the
Petitioner,the Municipality,the Fountain Hills Sanitary District
and the District.
Section 2.Deletion of Sanitary District from Develop
ment Agreement.The deletion ofthe Sanitary District asa party
tothe Development Agreement is hereby approved inall respects,
and the Mayor ofthe Municipality,with the advice ofthe Manager
ofthe Municipality and the Town Attorney ofthe Municipality,is
hereby authorized and directed to execute the Development Agreement
on behalf of the Municipality,as amended and restated to reflect
such deletion.
Section 3.No General Liability of or for the Municipal
ity.The Development Agreement shall not be construed to cause the
Municipality tobe directly or indirectly liable for any indebted
ness or obligation of any party to the Development Agreement other
than the obligations ofthe Municipality specifically provided for
therein.
Resolution No.1995-20
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PASSED AND ADOPTED THIS 4TH DAY OF MAY,1995.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
John M/Cutillo,Mayor
Paul L.Nordin,Town Manager
PSS0FDB4/042895
Cassie B.Hansen,Town Clerk
APPROVED AS TO FORM:
William E.Farrell,Town
Attorney
Resolution No.1995-20