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RESOLUTION NO.2003-02
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,RELATING TO THE CONSENT BY THE
TOWN OF FOUNTAIN HILLS TO FORMATION OF A FIRE DISTRICT
WITHIN THE INCORPORATED BOUNDARIES OF THE TOWN;AND
DECLARING AN EMERGENCY.
WHEREAS,onNovember7,2002,theMayorandCounciloftheTownof Fountain
Hills (the "Council")adopted Resolution 2002-45 (i)establishing the Emergency and Fire
Services Funding Citizen Advisory Committee (the "Committee")and (ii)charging the
Committee with the task of analyzing the Town's budget for the current fiscal year and
estimating the budgetary constraints for the fiscal year 2003-2004 and beyond with respect to
funding for emergency and fire services.The Committee was also requested to provide analysis
of funding alternatives including the necessity to impose a property tax to supplement the
Town's budget for the 2003-2004 fiscal year and thereafter for the purpose of providing the
necessary funding for emergency andfire services;and
WHEREAS,the Council required the Committee to present its initial findings to the
Council ina written reporttobe distributed notlaterthanDecember31,2002;and
WHEREAS,the Committee delivered its findings to the Council in a written report on
January 2,2003;and
WHEREAS,the Committee recommended,inter alia,that the Council approve a
resolution in support ofa citizens'effort to petition the Maricopa County Board of Supervisors
(the "Board")to permit the formation ofa new fire district pursuant toAriz.Rev.Stat.§48-
261 to provide fire and emergency medical services within the corporate boundaries of the Town
of Fountain Hills;and
WHEREAS,the Council desires to follow the recommendation of the Committee by
endorsing the efforts ofa citizens'group to seek approval from the Board to circulate petitions
forthe formation ofa new fire district covering the entire incorporated area of the Town of
FountainHills,subjecttothe conditions setforthherein.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA,as follows:
Section 1.That the Council hereby endorses the creation ofa fire district pursuant to
Ariz.Rev.Stat.§48-261 covering the entire incorporated area ofthe Town,subject to the
following conditions:
1.This endorsement shall expireontheearlierof(i)December 31,2003 or(ii)the
date,if any,that the Board (a)denies the request to circulate formation petitions
pursuantto ARIZ.Rev.Stat.§48-261 (A)(4)or(b)ordersthatthe petition
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signatures are insufficient to cause the formation of a new fire district pursuant to
Ariz.Rev.Stat.§48-261 (A)(9).
2.The citizen's group shall submit the completed district impact statement required
pursuant to Ariz.Rev.Stat.§48-261 (A)(1)for review by the Council prior to
submission to the Board.The Council hereby reserves the right to reconsider this
Resolution at a public meeting in the event that the completed district impact
statement indicates that the cost to Fountain Hills residents for emergency
medical services and fire protection under a new district will be significantly
higherthatitwouldbeifprovidedbytheTown.
Section 2.By reason of the urgent need to resolve the issue of funding for fire protection
and emergency medical services and the substantial time necessary for (i)preparation of the
district impact statement,(ii)collection of the necessary signatures by the citizens'group and
(iii)the required review,public hearings and approvals by the Board,the immediate operation of
the provisions of this Resolution is necessary for the preservation of the public peace,health and
safety,andan emergency isherebydeclaredtoexist.This Resolution willbeinfull force and
effectimmediatelyuponpassageandadoptionanditissoenacted.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona,January 16,2003.
Cassie B.Hansen,Town Clerk
APPROVED AS TO FORM:
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Mayo
ATTEST:
AndrewJ.McGuire,TownAttorney
CERTIFICATION
I hereby certify that the foregoing Resolution No.2003-02 was duly passed and
adopted by the Mayor and Council of the Town of Fountain Hills,Arizona,at a meeting held on
January 16,2003,and the vote was ~7 aye's and O nay's and that the Mayor and
Council members were present and voting.j
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Cassie B.Hansen,Town Clerk