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HomeMy WebLinkAboutRes 1998-07RESOLUTION NO. 1998 -07 RESOLUTION OF THE COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ACCEPTING PRELIMINARY PLANS AND AN ENGINEER'S ESTIMATE OF THE COSTS AND EXPENSES OF A PUBLIC STREET IMPROVEMENT, DECLARING ITS INTENTION TO IMPROVE AND ADOPTING SUCH ENGINEER'S ESTIMATE FOR THE IMPROVEMENT OF CERTAIN STREETS AND RIGHTS -OF -WAY WITHIN THE CORPORATE LIMITS OF THE TOWN OF FOUNTAIN HILLS; DESIGNATING SUCH IMPROVEMENT AS "TOWN OF FOUNTAIN HILLS, ARIZONA, COTTONWOODS IMPROVEMENT DISTRICT"; DETERMINING THAT IMPROVEMENT BONDS WILL BE ISSUED TO REPRESENT THE COSTS AND EXPENSES THEREOF AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND THAT THE COSTS OF SAID WORK OR IMPROVEMENT WILL BE ASSESSED UPON A CERTAIN DISTRICT; PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT WILL BE PERFORMED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AND ALL AMENDMENTS THERETO. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, that: Section 1. Definitions. In this Resolution, the following terms shall have the following meanings: "Assessment Diagrams" shall mean those duplicate diagrams of the property contained within the Assessment District as will be filed with the Clerk and approved by the Mayor and Council. "Assessment District" shall mean the lots, pieces or parcels of land lying within the boundaries described in Exhibit A attached hereto. For a more particular description, reference is hereby made to the Assessment District Map. "Assessment District Map" shall mean the map delineating the Assessment District in the form attached hereto as Exhibit B. "Bond Counsel" shall mean Gust Rosenfeld P.L.C., Attorneys at Law, Phoenix, Arizona, and any successor bond counsel hereafter appointed by this Council. "Clerk" shall mean the Clerk of the Town of Fountain Hills. "District" shall mean the Town of Fountain Hills, Arizona, Cottonwoods Improvement District. "District Engineer" shall mean the firm of engineers hereafter designated as the District Engineer or, if none, the Town Engineer, and any successors thereto. KCH joy 247416.01 020598 "Estimate" shall mean the estimate of costs and expenses of the Work filed with the Clerk prior to the adoption of this Resolution of Intention, showing the estimated cost of construction of the Work to be $34,200, the estimated costs of incidental expenses to be $12,600, for a total estimated cost of $46,800. "Governing Body" shall mean the Mayor and Council of the Town. "Incidental Expenses" shall mean the reasonable charges of the Town, costs of engineering, printing, advertising, posting, the expenses of making the assessment, appraiser's fees, all legal and financial fees, expenses and costs incurred in drafting the proceedings and the sale of bonds and all interest to be paid on the bonds for the period of construction and up to six months beyond. "Plans and Specifications" shall mean those construction plans and specifications as may hereafter be prepared for the construction of the Work. "Preliminary Plans" shall mean the plans showing the location and the type and character of the Work filed with the Clerk prior to the adoption of this Resolution. "Streets or Streets to be Improved" shall mean the length and width of Saguaro Blvd., Grande Blvd. and Del Cambre Ave. as they abut the Assessment District. "Superintendent of Streets" shall mean Randy L. Harrel, the Town Engineer, f and any successor holding such office. "Town" shall mean the Town of Fountain Hills, Arizona. "Work" shall mean the proposed six foot concrete sidewalk, ramps, scuppers, utility adjustments, landscaping and exterior wall improvements along the Streets to be Improved, together with all appurtenances and adjuncts necessary. Section 2. Declaration of Intention to Order the Improvement. The public interest and convenience require and it is the intention of the Governing Body to order the Work to be performed as stated herein pursuant to A.R.S. Title 48 Chapter 4, Article 2. All items of the Work shall be performed as prescribed by the Plans and Specifications, which shall be consistent with the Preliminary Plans and Specifications, and no assessment for any lot shall exceed its proportion of the Estimate. For purposes of this Resolution and of all resolutions, ordinances and notices pertaining to this Resolution, the improvement of the streets as herein described is hereby designated Town of Fountain Hills, Arizona, Cottonwoods Improvement District. Section 3. Determination of Need. In the opinion of the Governing Body, the Work is of more than local or ordinary public benefit, and the Governing Body hereby orders that all amounts due or to become due with respect thereto shall be chargeable upon the respective lots, pieces and parcels of land within the Assessment District. -2- KCH.joy 247416.01 020599 Section 4. Exclusion of Certain Property. Any public street or alley within the boundaries of the Assessment District is hereby omitted from the Assessment District. Any lot, the legal owner of which on this date is the United States, the state, a county, city, school district or any political subdivision or institution of the state or county, which is included within the Assessment District shall be omitted from the assessment hereafter made except as otherwise agreed between the Town and the owner. Section 5. Determination and Notice of Necessity to Issue Bonds. The Governing Body finds that the public convenience requires that bonds shall be issued to represent the costs and expenses of the Work to be assessed upon the District and determines that bonds shall be issued in the name of the Town payable, however, solely and only out of a special fund collectible from special assessments levied and assessed upon the lots, pieces and parcels of land within the Assessment District in not to exceed twenty (20) annual principal installments from the assessments of $25.00 or over remaining unpaid as of the end of the cash collection period. It is the intent of the Town that the proceeds of the bonds may be used to reimburse the Town to the extent the Town pays costs of the project prior to the issuance of the bonds. The Bonds shall mature on the first day of January in -the years and in amounts to be set by the Governing Body prior to their issuance. Principal installments of the Assessment shall be due on the first day of December immediately preceding the maturity date of any Bonds, installments of interest shall be due on the first day of June and December. Said Bonds shall bear interest at the rate of not to exceed twelve percent (12 %) per annum, payable on the first day of January and July of each year. Section 6. Establishment of Grade. The grades and elevations for the streets are hereby officially established to correspond with the grades and elevations to be shown on the Plans and Specifications. Section 7. Statutory Authority. The Work and all proceedings pertaining thereto shall be performed under the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and all amendments thereto. Section 8. Town Participation. The Town may but is not obligated to contribute funds if necessary to complete the Work or lawfully assess the costs thereof. Section 9. Protests. Objections to Extent of Assessment District. The owners of property within the Assessment District may file written protests against the construction of the Work or objections to the extent of the Assessment District. Said protests or objections shall be filed with Clerk of the Town of Fountain Hills, in person at 16836 E. Palisades, Building C, Fountain Hills, Arizona, or by mail to P.O. Box 17958, Fountain Hills, Arizona 85269. Said protests or objections must be received within fifteen (15) days after the last publication of this Resolution, or within fifteen (15) days after the completion of posting of the Notices of the Proposed Improvement whichever date is later. KCH joy 247416.01 020598 -3- Section 10. Right to Reduce Scope of Work. If, because of pending or threatened litigation concerning any one or more parcels subject to assessment, the Town and the winning bidder receive a written opinion of Bond Counsel stating that bonds cannot be issued against such parcel or parcels or if the Town is unable to obtain any right -of -way necessary for the construction of the Work, the Town may then cause the construction contract to be cancelled or modified to exclude from the applicable contract some or all of the Work which will benefit the parcel or parcels in question, or which was located in the right -of -way which was not obtained. The filing of a certificate and request that no bonds be issued against any parcel pursuant to § 48 -597, Arizona Revised Statutes, may be deemed to be threatened litigation. Section 11. Preparation of Assessment Diagrams. Duplicate diagrams of the property contained within the Assessment District to be assessed to pay the costs and expenses of the construction of the Work, will be prepared by the Superintendent of Streets under A.R.S. § 48 -589 and amendments thereto, and certified by him and presented to this Council for approval. The fact and date of such approval shall be certified upon said diagrams by the Clerk and thereupon said diagrams shall be delivered to the Superintendent of Streets as required by law. Section 12. Approval of Estimate; Delegation of Authority. The Engineer's Estimate of costs submitted by the District Engineer are hereby adopted and approved as the official estimate for the Work. r, Section 13. Notice. Proceedings and Work. The Work shall be done and all proceedings therefor shall be taken, the Superintendent of Streets shall cause to be posted notices at not more than 300 feet apart along the lines of the proposed improvements, which notices shall be headed "Notice of Proposed Improvement ", such heading to be in letters at least V in height; the Clerk shall certify to the passage of this Resolution of Intention, and shall cause the same to be published for two consecutive publications in The Times of Fountain Hills. This Resolution shall be filed with the Clerk and made a part of the records of the Governing Body. The posted notices may be combined into a single notice with the posted notices for the Cottonwoods Maintenance District. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of Fountain Hills, Arizona, on February 5, 1998. Jerold . Mi es, Mayor Attest: UDAA -t�VJ P1A�C -��J Cassie Hansen, Town Clerk Approved as to form: -4- xCH:j, 247416.01020599 Ate' Scott W. Ruby, Special nsel Attachments: Exhibit A - Description of District Exhibit B - Map of District Notice of Proposed Improvement CERTIFICATION I, Cassie Hansen, the duly appointed and acting Town Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No. 1998 -07 was duly passed by the Town Council of the Town of Fountain Hills, Arizona, at a regular meeting held on February 5, 1998, and the vote was S aye's and a- nay's and that the Mayor and G Council Members were present thereat. DATED: February S 1998 Town Clerk Publish this Resolution two (2) times in The Times of Fountain Hills. Post the Notice of Proposed Improvement at intervals of not more than 300 feet along the lines of the proposed improvement. Mail the Notice of Proposed Improvement to every property owner within the District. -5- KCH:J, 24]416.01 020398 NOTICE OF PROPOSED IMPROVEMENT TOWN OF FOUNTAIN HILLS, ARIZONA, COTTONWOODS IMPROVEMENT DISTRICT TO: ALL OWNERS OF OR PERSONS INTERESTED IN LAND LYING WITHIN THE ASSESSMENT DISTRICT DESCRIBED BELOW. Please take notice that on February S 1998, the or and Council of the Town of Fountain Hills, Arizona, passed and adopted Resolution No. i (the "Resolution of Intention ") declaring their intention to make street improvements through the letting of construction contracts for the improvement of portions of Saguaro Blvd., Grande Blvd., and Del Cambre Ave. as they abut the Assessment District, by the construction and installation of a six foot concrete sidewalk, ramps, scuppers, utility adjustments, landscaping and exterior wall improvements, together with all appurtenances thereto (the "Work's in accordance with the Resolution of Intention. The costs and expenses of such Work shall be assessed against the land lying within the Assessment District described in Exhibit A attached hereto. The Assessment District is also shown on the Assessment District Map attached to this Notice as Exhibit B. The Work and all proceedings connected therewith shall be known as the Town of r,, Fountain Hills, Arizona, Cottonwoods Improvement District. For further particulars, reference is hereby made to the Resolution of Intention and the Estimate of Cost and Expenses on file in the office of the Clerk of the Town of Fountain Hills. In the Resolution of Intention, the Mayor and Council found that the public convenience requires that bonds shall be issued to represent the costs and expenses of the Work to be assessed upon the Assessment District and determines that bonds shall be issued in the name of the Town payable, however, solely and only out of a special fund collectible from special assessments levied and assessed upon the lots, pieces and parcels of land within the Assessment District benefitted by the Work in not to exceed 20 annual principal installments from the assessments of $25.00 or over remaining unpaid as of the date of the bonds. The first principal installment of the assessment shall be on the December first preceding the first day on which a principal installment of the bonds shall come due. Interest installments shall be due on the first day of June and December. The bonds shall mature on the first day of January in amounts to be set by the Mayor and Council prior to their issuance. Said bonds shall bear interest at the rate of not to exceed twelve percent (12 %) per annum, payable on the first day of January and July of each year. The owners of property within the Assessment District may file written protests against the construction of the Work or file written objections against the extent of the Assessment District. r, Such protests or objections most be filed with the Clerk of the Town of Fountain Hills, in person KCHjoy 247416.01 020598 op� at 16836 E. Palisades, Fountain Hills, Arizona, or by mail to P.O. Box 17958, Fountain Hills, Arizona 85269 within fifteen (15) days after the last publication of Resolution No. 1998 -07 or the date of the posting of this Notice, whichever date is later. DATED: February S 1998. �L�OI -4M1. Clerk, Town of Fountain Hills, Arizona Attachments: Exhibit A - Legal Description Exhibit B - Map of District Post at intervals of 300 feet along all streets within the Assessment District and along the lines of the improvement. Mail to each property owner within the District. -2- xCH:joy 247416.01 020598 EXHIBIT A ASSESSMENT DISTRICT Lots 1 through 58 inclusive of Plat 112 The Cottonwoods of Fountain Hills recorded on August 14, 1984 at Book 271 of Maps, Page 26 of the records of the Maricopa County Recorder. KCH.joy 247416.01020598 A -1 n J J ,� C r �� t �- 1� } V .9 �D �n v c9 [A iJ lL EXHIBIT B _ ASSESSMENT DISTRICT SAP �_�-f "� FOAL PLAT N0. 112 THE COTTO�iW00DS AT FOUl�iAl� HILIH J m O Q Q d Q N a � -- �' 1 4 ' ��� -44. �_�_ /- 1 � � �e � � � 1 �� a� � u u 1 . -` -` - _- _ - - -1 -' 1 � 1 � '� �s �