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HomeMy WebLinkAboutRes 1994-43c ^Ug/ RESOLUTION 1994-43 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,SUPPORTING PASSAGE OF PROPOSITION 101. WHEREAS,the Arizona state public school and institutional Trusts own 9.4 million acres of Trust lands intermingled with federal and private land throughout Arizona, which the federal government granted to Arizona as a condition of statehood for the purpose of lease or sale to raise funds to support public schools, universities and institutions throughout our state; and WHEREAS,under the Arizona Constitution adopted in 1912, Arizona can dispose of Trust land only to the highest bidder;however,Arizona's cities,towns and counties cannot afford to get into a bidding war with private interests over environmentally sensitive Trust land that local governments want to protect or use for a park; and WHEREAS,the State of Arizona neglected to amend the state constitution to make the land disposal requirements in the constitution consistent with the congressional exchange amendment of the Enabling Act, but the state legislature did pass exchange statutes,and for more than 50 years the state made land exchanges with the federal government and private landowners to consolidate and improve the location of Trust land holdings. WHEREAS,in 1988 the exchange program was halted after the State Supreme Court ruled that the state had failed to amend its 1912 state constitution to authorize the exchange of Trust lands as an alternative to sale at pubic auction;and WHEREAS,Proposition 101 would allow Arizona to formally follow changes in federal law that occurred 1936,when the U.S.Congress amended the Enabling Act to authorize the state to make land exchanges under such regulations as the state legislature may provide;and WHEREAS,there are many opportunities for the state to make land exchanges with the federal government and with private landowners to help protect the military bases and gunnery range that are so vital to the economy of our state and to our national security;and WHEREAS,there are many opportunities to consolidate intermingled Trust and private lands to improve management and development opportunities,to increase Trust and private land values and to increase the local tax base;and WHEREAS,the State Land Department has opportunities to acquire,in land exchanges with private landowners,environmentally sensitive lands that should be placed into state or local parks;these lands could then be acquired and held by the State Land Department until parks could be established;and Ap •u--<w mcrKr^-rrcmk.Clckvt SXrvdL P*4 Tibbcthb ^ L WHEREAS,Proposition 101 would cause an amendment to the Arizona State Constitution to make it consistent with the federal and state statutes that authorize the state to make land exchanges with the federal government,local governments and private individuals, understrict statutory requirements which includepublic hearing,multiple appraisals and approval by the State Selection Board. NOW THEREFORE BE IT RESOLVED,by the Mayor and Common Council of the Townof FountainHills, Arizona,herebyformallysupportsthepassageof Proposition 101,which wouldamend theArizona State Constitutionto allowthe StateLandDepartmentto resumea land exchangeprogram, which wouldallow local governmentto exchangeits land that the state wants for State Trust land of equal value. PASSED AND ADOPTED this _b^kday 0f October,1994. John M/Cutillo,Mayor APPROVED AS TO FORM: William E.Farrell,Town Attorney ATTEST: JL/UUa Cassie B.Hansen,Town Clerk REVIEWED BY: #2t>ry fr't •—'—•''" ^Paul L.Nordin,Town Manager