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HomeMy WebLinkAboutRes 1998-23RESOLUTION NO. 1998-23 RESOLUTION ORDERING THE OPERATION, MAINTENANCE, REPAIR AND IMPROVING OF CERTAIN PEDESTRIAN AREAS DESCRIBED IN RESOLUTION OF INTENTION NO. 1998 -08; AND APPROVING THE ESTABLISHMENT OF THE COTTONWOODS MAINTENANCE DISTRICT. WHEREAS, on February 5, 1998, the Mayor and Council of the Town of Fountain Hills, Arizona, passed and adopted Resolution No. 1998 -08 (the "Resolution of Intention "), which, among other matters, declared its intention to operate, maintain, repair and improve the pedestrian mall, consisting of the landscaping, sidewalks and the exterior wall along Saguaro Boulevard, Grande Boulevard and Del Cambre Avenue as they abut the proposed maintenance assessment district (the "Work"), all as shown on the Preliminary Plans and Specifications; declared such maintenance assessment district to be known as Town of Fountain I Tills, Arizona, Cottonwoods Maintenance District; declared the work to be of more than local or ordinary public benefit; provided that the costs and expenses of the Work shall be annually assessed upon the district, provided that the proposed work shall be performed under the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and all amendments thereto; and WHEREAS, a copy of said Resolution of Intention has been published two times in the Times of Fountain Hills, a daily newspaper of general circulation in the Town of Fountain Fos; and WHEREAS, the Superintendent of Streets of the Town of Fountain Hills caused to be posted along the line of said proposed Work on the streets, alleys and rights -of -way to be improved at not more than three hundred (300) feet apart, notices of the passage of said Resolution of Intention, said notices being headed "Notice of Proposed Improvement and Proposed Maintenance District" such heading in letters at least one (1) inch in height and also mailed such notice to each property owner within the proposed maintenance assessment district; said notices stated the fact of the passage of said Resolution of Intention and briefly described the proposed Work; and WHEREAS, more than fifteen (15) days have elapsed since the date of the last publication of said Resolution of Intention, and since the completion of the posting of said Notice of Proposed Improvement and Proposed Maintenance District; and WHEREAS, four (4) protests against the proposed work and/or objections to the extent of the maintenance assessment district described in the Resolution of Intention were filed with the Clerk during the time prescribed by law; and WHEREAS, this Council set the date for hearing said protests and objections to the extent of the maintenance assessment district for May 7, 1998; and WHEREAS, the Clerk caused notice of said hearing to be mailed to each protester and each objector, as the case may be, and each property owner within the proposed maintenance assessment district, at least ten (10) days prior to the hearing; and -1- SWR:gmh257233 4/2"S WHEREAS, the Clerk caused notice of said hearing to be published twice in the Times of Fountain Hills; and WHEREAS, this Mayor and Council have heard the arguments presented with respect to each protest and objection; and WHEREAS, it is found that those persons protesting said Work and improvement constitute the owners of approximately 6.91/o of the property subject to assessment; and WHEREAS, said percentage of owners so protesting is less than a majority of the owners of the frontage of property fronting on streets or parts of streets contained within the limits of the maintenance assessment district as defined in the Resolution of Intention; and WHEREAS, such protests are therefore insufficient to bar said work; and WHEREAS, the Council has heard each and every objection to the extent of the maintenance assessment district; and WHEREAS, said Council finds and determines that objections to the said maintenance assessment district are without merit and are hereby denied; and WHEREAS, having found the protests to be insufficient and having denied all the objections to the extent of the maintenance assessment district, the Council hereby finds and determines that it has jurisdiction to order the Work as described herein and in the Resolution of Intention; and WHEREAS, the Council having thereby acquired jurisdiction to order the Work; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN EMU, ARIZONA, as follows: Section 1. Ordering Performance of the Work and Completion of the Final Plans. By virtue of the authority vested in Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and all amendments thereto, the Mayor and Council of the Town of Fountain IEUs, Arizona, hereby orders the Work to be performed as described in the Resolution of Intention relative to the Town of Fountain Hills Cottonwoods Maintenance District, in accordance with the Preliminary Plans and Specifications heretofore approved and adopted by the Mayor and Council and in accordance with any final Plans and Specifications as shall be hereafter prepared. The Superintendent of Streets is authorized and directed to cause, if necessary, the annual preparation of final Plans and Specifications pertaining to the annual operation, maintenance, repair and improvement of the pedestrian mall, consisting of the landscaping, sidewalks and exterior wall along the Streets to be Maintained (as defined in the Resolution of Intention). Section 2. Establishment of District and Annual Assessment of Expenses. The Town of Fountain Dills, Arizona Cottonwoods Maintenance District (the "District") is hereby -2- SWR:gmh 257235 4121198 r„ established for the sole purpose of performing the Work. The governing body shall make annual statements and estimates of the expenses of the District, which shall be provided for by assessment of the total sum upon the parcels and lots within the District. The assessment and collection of the expenses shall follow the procedures for the assessment and collection of ad valorem taxes established in AR S. Section 48 -575, which, in summary, provides for collection in the manner and by the officers provided by law for the collection and enforcement of general taxes of the Town. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of Fountain I-Hlls, Arizona, on May 7, 1998. Mayor ATTEST: Clerk APPROVED AS TO FORM: 4�r-o 2A _ Special Counsel CERTIFICATE I hereby certify that the above and foregoing Resolution No. 1998,?3was duly passed by the Mayor and Council of the Town of Fountain FEls, Arizona, at a regular meeting held on May 7, 1998, and that a quorum was present thereat. -3- aWR :Vm 257235 4MM d44rw �6 Clerk