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HomeMy WebLinkAboutRes 2003-49c RESOLUTION NO.2003-49 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,DECLARING SUPPORT FOR LOCAL GOVERNMENTS SERVING CITIZENS 24/7 AND DECLARING OCTOBER 20-26,2003,"ARIZONA CITIES AND TOWNS WEEK." WHEREAS,the citizens of the Town of Fountain Hills (the "Town")rely onlocal government to experience ahigh quality of lifein our community;and WHEREAS,local governments around the State of Arizona (the "State")work 24hours aday,sevendaysaweekto deliver fundamental publicservicessuchasfire,policeand emergency medical services to create safe communities;and WHEREAS,the methods of funding these vital public services arenot always clearly understood by citizens;and WHEREAS,itisone of the responsibilities oftown officials to ensure that legislators, media and citizens understand their local government through open and frequent communication using various avenues and means;and WHEREAS,itis important to work to encourage this connection and inform citizens of the importance of state shared revenues in order to preserve the excellent delivery of services that our citizens have come to expect in our Town;and WHEREAS,through education and awareness,citizens,community leadersandTown Staff canwork together to ensure that services provided bythe Town remain exceptional elements ofthe quality of life of our community. WHEREAS,the Mayor and Council ofthe Town of Fountain Hills(the "Town Council")desires to declare its support of the efforts of local governments and declare the week of October 20-26,2003 as "Arizona Cities and Towns Week." NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,as follows: SECTION 1.That the Town hereby declares its support of the efforts oflocal governmentsandjoinswiththeLeagueofArizonaCitiesandTownsandfellowmunicipalities acrosstheStateindeclaring October 20-26,2003,"Arizona CitiesandTownsWeek." SECTION 2.That the Town hereby pledges totakepartinan event during "Arizona CitiesandTowns Week"in recognition ofthe superior servicesthatcitiesandtowns deliver statewide. SECTION 3.That Councilwoman Kathleen Nicola is hereby designated asthe Town's official contact for this effort. 9196.001\Resolutions\2003-49Govt24-7.res.doc 8-14-03-1 SECTION 4.That theMayor,the Town Manager,the Town Clerk andtheTown Attorneyare hereby authorized and directed totakeallsteps necessary tocarryouttheintentof this Resolution. PASSED AND ADOPTED BY the Mayor and Council oftheTownof Fountain Hills, Arizona,August 21,2003. FOR THE TOWN OF FOUNTAIN HILLS: W.J.Nichols,Mayor REVIEWED BY: lm G.Pickering,Town Manager 9196.001\Resolutions\2003-49Govl24-7.rt\s.doc 8-14-03-1 ATTESTED TO: otf.TownClerk APPROVED AS TO FORM: 1 Anafew J.McGuire,Town Attorney c c RESOLUTION NO.2003-50 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN OF FOUNTAIN HILLS FINANCIAL POLICIES BY INCLUDING A SECTION RELATING TO THE TOWN'S DEBT POLICY. WHEREAS,the Mayor and Council of the Town of Fountain Hills (the "Town Council")adopted written financial policies for the Town of Fountain Hills (the "Town")on May 1,2003 (the "Financial Policies");and WHEREAS,the Town Council reserved within the Financial Policies a section relating to a debt policy to be adopted by the Town Council at a later date;and WHEREAS,the Town Council desires to amend the Financial Policies to incorporate the Town's debt policy. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THETOWNOFFOUNTAINHILLS,ARIZONAas follows: SECTION 1.That the "Town of Fountain Hills Financial Policies"is hereby amended to include the debt policy attached hereto as Exhibit A and incorporated herein by reference. SECTION 2.That the Town Manager is hereby authorized and directed to take all steps necessary to ensure that the Town of Fountain Hills Financial Policies are amended and that the debt policy is implemented and applied to the Town's financial management. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,August21,20,03. FOR THE TOWN OF FOUNTAIN HILLS: W.J.NictiolS,MW TimG.Pickering,Town Manager 9196 00l\ADebtPolicyresdoc S-14-03-1 ATTESTED TO: )/w^ Bevelyn J.B^hderfTown Clerk APPROVED AS TO FORM: I, Andrew J.McGuire Town Attorney DEBT POLICY The purpose ofthisdebtpolicyistoprovideforthe preservation and enhancement ofthe Town's bond ratings,the maintenance of adequate debt service reserves,compliance with debt instrument covenants and provisions and required disclosures to investors, underwriters and rating agencies.The overall debt management policy of the Town of Fountain Hills is to ensure that financial resources are adequate in any general economic situationtonotprecludethe Town's abilitytopayitsdebtwhendue. These policies are meant to supplement the legal framework of public debt laws provided bythe Arizona Constitution,State Statutes,federaltaxlawsandthe Town's current bond resolutions and covenants.The Arizona Constitution limitsacityortown's bonded debt capacity (outstanding principal)tocertain percentages oftheTown's secondary assessed valuation by the type of project tobe constructed.There isa limit of 20%of secondary assessed valuation for projects involving water,sewer,artificial lighting,parks,open space,and recreational facility improvements.There isa limit of 6%of secondary assessedvaluationforanyothergeneral-purposeproject. General 1.The Town will use current revenues to pay for short-term capital projects,repair and maintenance itemsandwill reserve long-term debtfor capital improvements with useful livesoften(10)years or more.TheTownwillnotuse long-term debt tofundcurrentgovernmentaloperationsandwillmanageitscashina fashion that willpreventanyborrowingtomeetworkingcapitalneeds.However,exclusive reliance upon pay-as-you-go funds for capital improvements requires existing residents topayfor improvements thatwill benefit new residents who relocate to theareaafterthe expenditure is made.Financing capital projects with debt provides foran "intergenerational equity",asthe actual usersofthe capital asset payforitscostovertime,ratherthanonegroupofuserspayingin advance forthe costsofthe asset.Wherethereisa benefit toallfuture residents debt financing should begiven consideration 2.To increase itsrelianceoncurrent revenue to finance its capital improvements, and promote a "pay-as-you-go"philosophy,theTownwill appropriate eachyeara percentageofcurrentrevenuesto maintain aminimum10%ofaverage actual General FundrevenuesfortheprecedingfivefiscalyearsintheDesignated Unreserved Fund. \\earth\JGhetti\WPDATA\Debt Policy.doc Capital Improvement Plan 1.AspartofthebudgetprocesseachyeartheTownwillprepareacapitalspending planthat provides a detailed summary of specific capitalprojectsforthefive fiscalyears subsequent tothefiscalyear presented.Theplanwillincludethe nameoftheproject,project schedule,capitalcostbyfiscalyearanda recommendedspecificfundingsource.Thefiveyearcapitalimprovementplan willbedevelopedwithintheconstraintsofthe Town's abilitytofinancetheplan. 2.TheTown Manager and Department Directors willdevelopformalranking criteriathatwillbeusedinthe evaluation ofallcapitalprojects.Theprogram ranking criteria willgive greatest weighttothoseprojectswhichprotectthehealth and safety of its citizens.Pay-as-you-go project financing shallbegiventhe highestpriority.Capital improvements thatmustrelyupondebt financing shall be accorded a lower priority and projects withausefullife of lessthanfiveyears shall not be eligible for inclusion in bond issues. 3.Lease purchase financing shall only be undertaken whenthe project is considered essential tothe efficient operation of the Town orto remove expenditures that would exceed the State imposed expenditure limitation.The Town Manager or designee shall determine that pay-as-you-go expenditures donot cause thestate imposed expenditure limitation tobe exceeded inanyfiscalyear. 4.All capital project requests willbe accompanied bya description of the sources of funding to cover project costs.Where borrowing is recommended,a dedicated source of fundsto cover debt service requirements must be identified.All capital project requests willbe required to identify any impact the project may haveon future operating costs of the Town.The Town will seek grants to finance capital improvements andwill favor those projects which are likely to receive grant money. 5.All capital project appropriations and amendments tothe capital improvement plan must be approved bythe Town Council. 6.The capital planwill include all equipment and facilities withausefullife of greater thantenyearsandacost greater than $50,000.Debt financing shallnot exceed the useful life of the infrastructure improvement or asset. \\earth\JGhetti\WPDATA\Debt Policy.doc Financing Alternatives 1.Financing alternatives are listed belowbutarenot limited to: a)Grants b)Developer Contributions c)General Obligation Bond -requires voter approval,supported byanad valorem (property)tax d)Revenue Bonds -repaid with revenue stream (HURF,revenue generated by project) e)MunicipalPropertyCorporationBonds-repaidwithadedicatedrevenue source 0CFDor Special District Bonds -supported byanad valorem property tax g)CapitalLeases-repaidwithinoperatingbudget h)CommercialPaper(CP)orBondAnticipationNotes(BAN)withterms lessthantwo years 2.TownDebtServicecosts(GO,RevenueBonds,MPC,Leases)shallnotexceed 20%ofthe Town's operating revenue in order tocontrolfixedcostsandensure expenditure flexibility.Improvement District(ID),Community FacilityDistrict (CFD)and Special District debt service isnot included inthis calculation because itispaidbydistrict property ownersandisnotan obligation ofthe general citizenry.Separate criteria have been established and included within the Town's CFD policy. 3.In accordance with requirements of the State of Arizona Constitution,total bonded debt will not exceed the 20%limitation and 6%limitation of the total secondary assessed valuation of taxable property intheTown. 4.TheTownshallcomplywithallU.S.InternalRevenueServicearbitragerebate requirements for bonded indebtedness. 5.Whereapplicable,theTownwillstructureGeneralObligationbondissuesto createleveldebtservicepaymentsoverthelifeoftheissue.Thegoalwillbeto striveforadebtrepaymentscheduletobenomorethan fifteen (15)years;atno timewillthedebt exceed twenty-five(25)years. 6.Refundingbondswillbemeasuredagainstastandardofthenetpresentvaluedebt servicesavingsexceeding3%ofthedebtserviceamountofthebondsbeing refunded,orifsavingsexceed$750,000,orforthepurposesofmodifying restrictive covenants orto modify the existing debt structure tothe benefit of the Town.Refinancingsundertakenforotherreasonsshouldproceedonlywhenthe advantageshavebeenclearlyshownina cost/benefit analysisofthetransaction. ^p^B^Vf^t^^^oU^ddc • 7.The Town will seek to maintain and,if possible,improve the current bond rating inordertominimizeborrowingcostsandpreserveaccesstocredit. 8.An analysis showing how a new issue combined with current debt impacts the Town's debt capacity and conformance with Town debt policies will accompany every future bondissue proposal.Thedebt capacity analysis should reflect a positive trend and include: a)percentofdebtoutstandingasapercentofthelegaldebtlimit b)measures of thetax and revenue base c)evaluation oftrends relating to expenditures andfundbalance d)debtserviceasa percentage of assessed valuation e)measuresofdebtburdenonthecommunity f)tax-exemptmarketfactorsaffectinginterestcosts g)debt ratios 9.Municipal Property Corporation and contractual debt,whichis non-voter approved,will be utilized only when a dedicated revenue source (e.g.excise taxes)canbeidentifiedtopaydebtserviceexpenses.Theprojecttobe financed will generate net positive revenues (i.e.,the additional revenues generated by the projectwillbegreaterthanthedebtservicerequirements). 10.The Town's privilegetaxtodebtservicegoalwillbearatioofatleast3.5:1to ensure the Town's abilitytopayforlongtermdebtfromthiselasticrevenue source. Issuance of Obligations 1.TheTownshallselecttheUnderwriterandthePayingagent/registrarforeach debtissuancebasedon competitive bid.The underwriter mustbeafirm domiciled in Arizona withanofficeinthe Phoenix areaanda record ofprior working relationships. 2.Therequestfor proposals process willbe designed toselecttheservice providers thatoffertheTownthebestcombinationofexpertiseandprice.TheTownisnot requiredtoselectthefirmofferingthelowestprice,butareportmustbeprepared bythe Town Manager providing justification tothe Town Council fora recommendation when other than the lowest bidder is chosen.The review of all proposalssubmittedshallbetheresponsibilityoftheTownManager. \\carth\JGhetti\WPDATA\Debt Policy.doc \jj^/ c 3.TheTownof Fountain Hillswillusecompetitive sales asthe primary means of selling new General Obligation or revenue bonds that are repaid through ad valorem(property)taxes.Negotiatedsaleswillbepermittedforallotherdebt issues when itis expected toresultina lower true interest costthan would a competitive sale of thatsamedateandstructureorthereis evidence of volatile marketconditions,complexsecurity features,oranotheroverriding factor. 4.The Town Managerordesigneeand Town Attorney willcoordinatetheir activities to ensure that all securities are issued in the most efficient and cost- effective mannerandincompliancewiththe Town's governingstatutesand regulations.TheManagerandthe Town Attorney shall consult and jointly select the bond counsel fora bond issue.The Town Attorney will review all documents relatedtothe issuance of securities by the jurisdiction. 5.TheTownwillseeka rating onallnewissueswhich are beingsoldinthe public market if economically feasible. 6.The Town will reportonanannualbasisallfinancial information and/or notices of materialeventstotheratingagenciesand Nationally-Recognized Municipal SecuritiesInformationRepositories (NRMSIR's).Theannualreportwillinclude butnotbelimitedtothe Town's annual ComprehensiveAnnual Financial Report (CAFR). 7.The Town willrequireany institution orindividual investing monies asanagent forthe Town todosoinamanner consistent andin compliance withthe Town's adopted Investment Policy. 8.The Town will provide detailed draw schedules foranyprojecttobefundedwith borrowed monies.The Town will invest theproceedsordirectatrusteeto invest the proceeds of all borrowings ina manner thatwillensurethe availability of funds as described in the draw schedules. 9.The Town acknowledges the responsibilities of the underwriting community and pledges to make all reasonable efforts to assist underwriters in their efforts to comply with SEC Rule 15c2-12and MSRB Rule G-36. RESOLUTION NO.2003-51 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY REGARDING THE USE OF COUNTY ANIMAL SHELTERS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,as follows: SECTION 1.That the Intergovernmental Agreement between the Town of Fountain Hills(the "Town")and Maricopa County (the "County")regarding theuse of the County's animal shelters (the "Agreement")is hereby approved inthe form attached hereto as Exhibit A and incorporated hereinby reference. SECTION 2.That the Mayor,the Town Manager,the Town Clerk andthe Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,September 4,2003. FOR TH N OF FOUNTAIN HILLS: Tirh G.Pickering,Town Manager 9196.001V Resolution MC 1GA shelter.,res.doc 8-28-03-1 ATTESTED TO: APPRDVED AS TO FORM Andrew J.McGuire,Town Attorney HOLD FOR PICK UP CLERK OF THE BOARD BASKET PICK UP OFFICIAL RECORDS OF MARICOPACOUNTYRECORDER HELEN PURCELL 2003-1677143 12/10/03 15:59 5OF6 OELROSSOA CAPTIONHEADING:Intergovernmental Agreement between Maricopa County and the Town of Fountain Hillsfor animal shelter services C-79-04-039-2 DO NOT REMOVE This is part of the official document c c c INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS ._.r AND MARICOPA COUNTY b '7^^ REGARDING THE USE OF COUNTY ANIMAL SHELTERS THIS ESfTERGOVERNMENTAL^AGREEMENT for animal shelter services (this "Agreement")is made and entered into Ou.1^|.2003 by and between Maricopa County (the "County"),a political subdivision of the State of Arizona and the Town of Fountain Hills (the "Town"),amunicipal corporation oftheStateofArizona. WHEREAS,the County maintains facilities,equipment,and trained personnel for the intakeand humane sheltering of animals;and WHEREAS,the Town desires toenterintoan agreement with the County for animal sheltering services;and WHEREAS,the County andtheTownare authorized,pursuant to A.R.S.§11-952, A.R.S.§11-201(A)(3),and A.R.S.§11-1001 et.seq.,toenterintothis Agreement. NOW,THEREFORE,thepartiesmutuallyagree: 1.Responsibilities of the County 1.1 TheCountyshallimpoundandquarantine,inaccordancewithA.R.S.§11-1014, any animal suspected of having rabies and delivered bythe Town orany resident ofthe Town toa County animal shelter; 1.2 The County shall keep and maintain,ata County animal shelter,stray dogs and straycatsnot suspected of having rabies,and delivered bytheTownorany resident of the Town for a minimum of72 hours unless claimed by their owners.The County may place anydogorcatnot redeemed byitsownerforsaleormay dispose ofthe animal ina humane manner in accordance with law.TheCountymay euthanize impounded sickor injured animals whenever necessary to prevent inhumane,unhealthy or dangerous conditions or circumstances; 1.3TheCountyshallbilltheTownonaquarterlybasisforservicesrendered. 2.Responsibilities of the Town 2.1 The Town shall paythe County an impound feeof $50.00 foreachstraydogand catimpoundedbytheCountypursuanttothisAgreement; 2.2TheTownshallpaytheCountyanimpoundfeeof$61.00foreachferalcat impounded bytheCountypursuanttothis Agreement; 2.3The Town shallpaythe County a euthanasia feeof $25.00 foreachanimal euthanized bytheCounty pursuant tothis Agreement; 9I96.004NMC IGA Sheller.v2.doc 8-28-03-1 1 Njj^/ \&f&y' 2.4 The Town shall pay the County a boarding fee of $10.00 per dav for each animal impounded by the County pursuant to this Agreement,with the exception of feral cats,in which case,the daily boarding fee is included in the $61.00 impound fee; 2.5 The Town shall pay the County a $25.00 fee for each deceased rabid animal submitted tothe Arizona State Laboratory and $50.00 for each rabid animal delivered that is euthanized by the County and submitted to the Arizona State Laboratory; 2.6 The Town shall make payments promptly upon receipt and verification of County invoices,nolessthanquarterly. 2.7 The Town has appropriated sufficient funds in its fiscal year 2003-04 budget to payforfeescharged pursuant tothisAgreement. 3.Indemnification To the extent permitted by law,the County and the Town shall indemnify,defend and hold harmless each other,each other's officers,employees,contractees,and agents from and against any and all suits,actions,legal or administrative proceedings,claims,demands,or damages of any kind or nature relating to this Agreement which are the result of any intentional or negligent acts or omission of the indemnitor or indemnitor's officers,employees,contractees,agents,and anyone acting under its direction or control. 4.Duration and Termination The terms of the agreement shall be from the date set forth above until June 30,2004 and may be renewed for subsequent one-year periods upon the mutual written agreement of the parties. Either party may terminate this agreement at any time and without cause by giving written notice 90 days prior to the actual date of termination.This Agreement may be terminated at any time without notice and without further obligation to the terminating party when the other party is found tobein default of any material provision of this Agreement. 5.Conflict of Interest Pursuant to the provisions of A.R.S.§38-511,either party may cancel this Agreement without penalty or obligation,if any person significantly involved in the initiating,negotiating,securing, drafting,or creating this Agreement on behalf of the terminating party is at any time while the Agreement or any extension thereof is in effect an employee of the other party to the Agreement in any capacity with respect tothe subject matter ofthis Agreement. 6.Applicable Law This Agreement and all obligations upon the County or the Town arising therefrom shall be subject to any limitations of budget law or other applicable local law or regulations. 9196.004XMC 1GA Shelter.v2.doc 8-28-03-1 7.Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter of thisAgreementandanymodificationoramendmenttothetermsandconditionsofthis Agreementshallbedoneinwritingandsignedbybothparties. IN WITNESS WHEREOF,the parties enterintothis Agreement asofthedate first set forth above. 'COUNTY' MaricopaCounty,apolitical subdivision of the State of Arizona ^i^//trfz**—• Chairman,Board of Supervisors Attest: Clerk of the Board l2-jdJ02> "TOWN" Town of Fountain Hills,an Arizona municipal corporation W.J.Nicho Attest: Bv:/yyx//^iW BevelynJ.Be^derVTownClerk In accordance with the requirements of A.R.S.§11-952(D),the undersigned attorneys acknowledge that (i)they have reviewed the above Agreement on behalf of their respective clientsand(ii)astotheirrespectiveclientsonly,eachattorneyhasdeterminedthatthis Agreement isinproper form andthat execution hereofis within the powers and authority granted under the laws of the State of Arizona. Deputy County Attorney 9196.004\MC IGA Shelter.v2.doc 8-28-03-1 AndrewJ.McGuire,TownAttorney \@oigS C RESOLUTION NO.2003-52 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,REPEALING RESOLUTION NO.2003-34 AND ABANDONING THE "FINAL PLAT OF COYOTE RUN"AS RECORDED ON BOOK 381,PAGE 33 OF THE RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,Resolution No.2003-34 was passed bythe Mayor and Council of the Town of Fountain Hills (the "Town Council")on July 1,2003,abandoning,in error,the "Final Plat of CoyoteRun"as recorded on Book 176,Page 28ofthe records of Maricopa County;and WHEREAS,the Town Council intended to abandon the "Final Plat of Coyote Run"as recordedonBook 381,Page33oftherecordsof Maricopa County in order to separate thetwo lotsthatwere merged intoonebythatplat;and WHEREAS,a public hearing regarding the intended abandonment washeldbythe Town Council on July 1,2003;and WHEREAS,the Town Council desires that the "Final Plat of Coyote Run"as recorded onBook 381,Page33 of therecordsof Maricopa County be abandoned andrevertbacktothe "Fountain Hills Arizona Final Plat No.603-A Amended"as recorded on Book 176,Page 28 of the records of Maricopa County. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HELLS,ARIZONA,as follows: SECTION 1.That Resolution No.2003-34 is hereby repealed inits entirety. SECTION 2.That the "Final Plat of Coyote Run"as recorded in Book 381,Page 33,of therecordsof Maricopa County,ishereby abandoned and reverted backtothe "Fountain Hills Arizona Final Plat No.603-A Amended"as recorded in Book 176,Page 28 of the records of Maricopa County. SECTION 3.That theMayor,theTown Manager,theTownClerkandtheTown Attorneyareherebyauthorizedanddirectedtoexecutealldocumentsandtakeallsteps necessarytocarryoutthe purpose ofthis Resolution. [SIGNATURES ON FOLLOWING PAGE] 9196.001\Resolutions\Coyote Run Aband.res.v2.doc 8-28-03-1 PASSED AND ADOPTED bythe Mayor and Council of the Town of Fountain Hills, September 4,2003. FOR THE TOWN OF FOUNTAIN HILLS: W.J.Nichols,Ma^or REVIEWED Tim G.Pickering,Town Manager 9196.001\Rcsolutions\Coyote Run Aband.res.v2.doc 8-28-03-1 ATTESTED TO: BevelynJ.jBen^er,TownClerk APPROVED AS TO FORM: ( U^^ Andrew J.McGuire,Town Attorney c c RESOLUTION 2003-53 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY AND SOUTHERLY LOT LINES OF LOT 37,BLOCK 2,OF PLAT 428,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 155 OF MAPS,PAGE 19,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,the Mayor andCouncilofthe Town of Fountain Hills(the 'Town Council"), asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the 'Town"),may requirethededication of public streets,sewer,water,drainage,and other utility easements orrights- of-waywithinany proposed subdivision;and WHEREAS,the Town Council hasthe authority to accept or reject offers of dedication of privatepropertybyeasement,deed,subdivision,platorotherlawfulmeans;and WHEREAS,allpresentutility companies have received notificationofthe proposed abandonment. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SF.CTTON 1 That aportionofthecertainten(10)footpublicutilityanddrainage easements,locatedalongthewesterlyandsoutherlypropertylinesofPlat428,Block2,Lot37, FountainHills,as recorded inbook155 of maps,page19 records of Maricopa County,andasmore particularly describedin F.xhihit A,attachedheretoandincorporatedhereinby reference,arehereby declaredtobeabandonedbytheTown.Certainlotswithinthissubdivisionaresubjecttolot-to-lot drainagerunoff.ThepropertyownerofLot37isrequiredtopassthedevelopedflowsgeneratedby theupstreamlotsacrosstheirproperty. SF.CTTON 2.That this Resolution isone of abandonment and disclaimer bythe Town solelyforthepurposeofremovinganypotentialcloudonthetitletosaidpropertyandthatthe Towninnowayattemptstoaffecttherightsofanyprivatepartytoopposetheabandonmentor assertanyrightresultingtherefromorexistingprevioustoanyactionbytheTown. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-53.428-2-37 EA03-12.doc c PASSED AND ADOPTED BY theMayorand Council oftheTownof Fountain Hills, September 18,2003.- FOR THE TOWN OF FOUNTAIN HILLS: W.J.Nichols,Mayor REVIE Tim G.Pickering,Town Resolution 2003-53,428-2-37 EA03-12.doc ATTESTED TO: L2£JM IL BevelynJ.Render,TownClerk APPROVED AS TO FORM: r Antlfew J.McGuire,Town Attorney LOT31 LOT 30 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 428 BLOCK 2LOT 37 /// /// /// /// /// /// /// /// /// / / or RAO. 2L86a£43!w 111.42* BLOCK2 LOT 37 LOT 36 \J ABANDON 10' P.U.E &D.E. 7 ///^LOT 28 /// //'I /'I /' l /l l /'l /' I /' I /' I N/ I E LOT 27 SCALE:1"=40' ^BAJE:08-08-03 LOT 26 or O' o or O LOT 38 15545 RAWOV L. RESOLUTION 2003-54 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 31,BLOCK 4,OF PLAT 605A, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 155 OF MAPS, PAGE 21,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,theMayorandCounciloftheTownof Fountain Hills(the 'Town Council"), asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the 'Town"),may requirethe dedication of publicstreets,sewer,water,drainage,and other utility easements orrights- of-waywithinany proposed subdivision;and WHEREAS,theTownCouncilhastheauthoritytoacceptorrejectoffersofdedicationof private property by easement,deed,subdivision,plat or other lawful means;and WHEREAS,allpresentutility companies havereceived notification oftheproposed abandonment. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SRCTTON 1 That a portion of the certain ten(10)foot public utilityand drainage easements,located along the westerly property lines of Plat 605A,Block 4,Lot 31,Fountain Hills, as recorded in book 155 of maps,page 21 records of Maricopa County,andas more particularly described inF.xhihitA,attached heretoand incorporated hereinby reference,areherebydeclaredto be abandoned bytheTown.Certainlots within this subdivision are subject to lot-to-lot drainage runoff.The property owner ofLot 31 is required topassthe developed flows generated bythe upstream lots across their property. SECTION 2.That this Resolution is one of abandonment and disclaimer bythe Town solelyforthe purpose of removing any potential cloud onthetitletosaid property andthatthe Towninnoway attempts toaffecttherights of any private partyto oppose the abandonment or assertanyright resulting therefromor existing previous toanyactionbythe Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-54,605A-4-31 EA03-13.doc PASSED AND ADOPTED BY the Mayor and Council ofthe Town of Fountain Hills, October 2,2003. FOR THE TOWN O^FOUNTAIN HILLS:ATTESTED TO: 'Mk >ui*OM W.J.Nicho}$,Mayor Bevelyn J.Bender Town Clerk REVIEWED APPROVED AS TO FORM: Tim G.Pickering,Town Managei K ^x^. Andrew J.McGuire,Town Attorney c Resolution 2003-54.605A-4-31 EA03-13.doc LOT 33 C <^ <P ^ o N SCALE:1"=40' DATE:8-19-03 & TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 605-A BLOCK 4 LOT 31 LOT 32 ABANDON P.U 5) •<m>Hi, 4- Y V? * LOT 30 LOT 29 & RAWPfL /J" V5&C//U L<h \jgss \&$f»*S RESOLUTION 2003-55 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF LOT 19,BLOCK 1,OF PLAT 602A, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 161OF MAPS, PAGE 42,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,the Mayor andCounciloftheTown of Fountain Hills(the 'Town Council"), asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the 'Town"),may requirethededicationofpublicstreets,sewer,water,drainage,andotherutilityeasementsorrights- of-waywithinany proposed subdivision;and WHEREAS,theTownCouncilhastheauthoritytoacceptorrejectoffersofdedicationof private property by easement,deed,subdivision,plator other lawful means;and WHEREAS,allpresentutilitycompanieshavereceivednotificationoftheproposed abandonment. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HULLS,as follows: SFCTTON 1Thataportionofthecertainten(10)footpublicutilityanddrainage easements,located along the southerly property lines of Plat 602A,Block 1,Lot19,Fountain Hills, as recorded inbook 161 of maps,page42records of Maricopa County,andasmore particularly described inF.xhihit A,attached hereto and incorporated herein by reference,arehereby declared to be abandoned bythe Town.Certainlotswithinthis subdivision are subject tolot-to-lotdrainage runoff.The property owner of Lot19isrequiredtopassthe developed flows generated bythe upstream lots across their property. SF.CTTON ?..That this Resolution isoneof abandonment and disclaimer bytheTown solelyforthe purpose of removing anypotential cloud onthetitletosaidpropertyandthatthe Town innoway attempts toaffecttherightsofany private partyto oppose the abandonment or assertanyright resulting there fromor existing previous toany action bythe Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-55,602A-1-19 EA03-14.doc PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, October 2,2003. FOR THE TOWN OF/FOUNTAIN HILLS:ATTESTED TO: W.J.Nichors,Mayor Bevelyn J.Bender,TownClerk REVIEWED BY APPROVED AS TO FORM: Tim G.Pickering,Town Manager Vo^ Andrew J.McGuire,Town Attorney Resolution 2003-55.602A-1-19 EA03-14.doc ^^§giy \i$^S &*& TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 602-A BLOCK 1 LOT 19 vfe<$> ?*>&&$&&• <&MV& LOT 18 E S SCALE:1"=40' DATE:8-19-03 fc BLOCK1 LOT 19 ABANDON 10' P.U.E &D.E. LOT 31 1&0 LOT 20 LOT 30 RESOLUTION 2003-56 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT, TITLE,OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10')FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE OF LOT 7,BLOCK 1,OF PLAT 605D, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 164 OF MAPS, PAGE 15,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,the Mayor and Council of theTown of Fountain Hills(the 'Town Council"), asthegoverningbodyofrealpropertylocatedintheTown of Fountain Hills(the 'Town"),may requirethededicationofpublicstreets,sewer,water,drainage,and other utilityeasementsorrights- of-way within any proposed subdivision;and WHEREAS,theTownCouncilhastheauthorityto accept orrejectoffersofdedicationof private property by easement,deed,subdivision,plator other lawful means;and WHEREAS,allpresentutility companies have received notification oftheproposed abandonment. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SF.CTTON 1 That a portion of thecertainten(10)footpublicutilityanddrainage easements,generallylocatedalongthe northerly lotline of Plat 605D,Block 1,Lot7,Fountain Hills,as recorded in book 164 of maps,page 15 records of Maricopa County andmore particularly described inF.xhihit A3 attached hereto and incorporated herein by reference,are hereby declared to be abandoned bytheTown.Certain lotswithinthis subdivision are subject tolot-to-lotdrainage runoff.The property owner ofLot7is required topassthe developed flows generated bythe upstream lotsacrosstheirproperty. SFCTTON 7 That this Resolution isone of abandonment and disclaimer bythe Town solelyforthepurposeof removing anypotentialcloudonthetitletosaidpropertyandthatthe Towninnowayattemptstoaffecttherightsofanyprivatepartytoopposetheabandonmentor assertanyrightresultingtherefromor existing previoustoanyactionbytheTown. [SIGNATURES ON FOLLOWING PAGE] L PASSED AND ADOPTED BY theMayorandCouncilofthe Town of Fountain Hills, October 2,2003. FOR THE FFOUNTAIN HILLS:ATTESTED TO: Bevelyn J.Bender;Town ClerkW.J.Nichols,Mayo APPROVED AS TO FORM: Tim G.Pickering,Town Mam Andrew J.McGuire,Town Attorney \ L % % LOT9 % LOT 42 N W-#W-£ SCALE:,T=40' DATE:,3-19-03 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 605-D BLOCK 1 LOT 7 .OT 8 *w LOT 14 & ABANDON 10' P.U.E &D.E. BLOCK 1 LOT 7 LOT6 LOT 15 LOT5 RESOLUTION 2003-57 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF LOT 32,BLOCK 1,OF PLAT 505C, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 158OF MAPS, PAGE 42,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,the Mayor and Council of the Town of Fountain Hills(the "Town Council"), asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the"Town"),may requirethededicationofpublicstreets,sewer,water,drainage,andotherutilityeasementsorrights- of-waywithinany proposed subdivision;and WHEREAS,theTownCouncilhastheauthoritytoacceptorrejectoffers of dedication of private property by easement,deed,subdivision,plat or other lawfulmeans;and WHEREAS,allpresentutilitycompanieshavereceivednotificationoftheproposed abandonment. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAttJ HILLS,as follows: SF.CTTON 1Thataportion of thecertainten(10)footpublicutilityanddrainage easements,located along the southerly property lotline of Plat505C,Block 1,Lot32,Fountain Hills,as recorded in book 158 of maps,page42 records of Maricopa County,andasmore particularly described inF.xhihit A,attached hereto and incorporated hereinby reference,arehereby declared tobe abandoned bythe Town.Certain lots within this subdivision are subject to lot-to-lot drainagerunoff.The property owner of Lot32is required topassthe developed flows generated by the upstream lots across their property. SFCTTON 2,That this Resolution isone of abandonment and disclaimer bythe Town solelyforthepurposeofremovinganypotentialcloudonthetitletosaidpropertyandthatthe Towninnoway attempts toaffecttherights of any private partyto oppose the abandonment or assertany right resulting there fromor existing previous toanyactionbythe Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-57,505C-1-32 EA03-16.doc PASSED AND ADOPTED BY the Mayor and Council oftheTown of Fountain Hills, October 2,2003. 7 FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Bevelyn J.Bender,(Town Clerk APPROVED AS TO FORM: /, Timtj.PickeringrTown Mamiser Andrew J.McGuire,Town Attorney c Resolution 2003-57,505C-1-32 EA03-16.doc L TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505-C BLOCK 1 LOT 32 LOT 45 LOT 33 N w{E s SCALE:1"= DATE:9-05 •-40' -03 ^Dgp LOT 46 Qr *%?* BLOCK LOT 32 ABANDON P.U.E &D LOT 28 LOT 47 I!« c xll^i/ Xj&frau^' RESOLUTION 2003-58 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TWENTY (20')FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHEASTERLY LOT LINE OF LOT 26, BLOCK 9,OF PLAT 111,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 150OF MAPS,PAGE 12,RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS,theMayorandCounciloftheTownofFountainHills(the"TownCouncil"), asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the"Town"),may requirethededicationofpublicstreets,sewer,water,drainage,andotherutilityeasementsorrights- of-waywithinany proposed subdivision;and WHEREAS,theTownCouncilhastheauthoritytoacceptorrejectoffersofdedicationof private property by easement,deed,subdivision,plator other lawfulmeans;and WHEREAS,allpresentutilitycompanieshavereceivednotificationoftheproposed abandonment. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HELLS,as follows: SF.CTTON 1Thataportionofthecertaintwenty(20)footpublicutilityanddrainage easements,located along the northeasterly property lotline of Plat 111,Block 9,Lot26,Fountain Hills,as recorded in book 150 of maps,page12 records of Maricopa County,andas more particularly described inF.xhihitA,attached hereto and incorporated hereinby reference,are hereby declared tobe abandoned bythe Town.Certain lots within this subdivision are subject to lot-to-lot drainagerunoff.The property owner of Lot26is required topassthe developed flows generated by the upstream lots across their property. SHCTTON 2,That this Resolution isone of abandonment and disclaimer bythe Town solelyforthe purpose of removing any potential cloud onthetitletosaid property andthatthe Towninnoway attempts toaffecttherights of any private partyto oppose the abandonment or assertanyright resulting therefromor existing previous toanyactionbytheTown. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-58,111-9-26 EA03-17.doc ^ L C PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, October 2,2003. . FOR THE TOWWOF FOUNTAIN HILLS:ATTESTED TO: W.J.Nichols,Mayor REVIEWED Tim G.Pickering,Town Manager Resolution 2003-58.111-9-26 EA03-17.doc J^^J^U^JM Bevelyn J.Bender,Town Clerk APPROVED AS TO FORM: jbL Andrew J.McGuire,Town Attorney c TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 111 BLOCK 9 LOT 26