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HomeMy WebLinkAbout1999.0810.TCSM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 10, 1999 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 1:30 P.M., Tuesday, August 10, 1999, in the Fountain Hills Town Hall Conference Room, located at 16836 E.Palisades Blvd.,Building C,Fountain Hills,Arizona. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Pen Mower,Councilmembers John Wyman and Marianne Wiggishoff. Councilmembers Sharon Hutcheson, Al Poma, and Sid Apps were absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,and Town Clerk Cassie Hansen. AGENDA ITEM #1 — CONSIDERATION OF RESOLUTION 1999-40 AUTHORIZING THE MAYOR, CLERK AND ATTORNEY TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE CITY OF SCOTTSDALE AND THE TOWN OF GUADALUPE REGARDING COSTS AND INDEMNIFICATION ASSOCIATED WITH THE LOS ARCOS MULTIPURPOSE FACILITIES DISTRICT. Town Attorney Bill Farrell stated Resolution 1999-40 authorized the Mayor, Clerk, and the Town Attorney to execute an intergovernmental agreement between the Town of Fountain Hills, the City of Scottsdale, and the Town of Guadalupe regarding costs and indemnification associated with the Los Arcos Multipurpose Facilities District. He clarified that the intergovernmental agreement asked the City of Scottsdale to indemnify Fountain Hills for the direct election costs and any other costs that might be incurred if there were to be any legal challenges to the issue. He said it was believed the district had some funds but he was uncertain of the amount and staff recommended Council approve the interim measure by approving Resolution 1999-40. He said Guadalupe would be considering an identical measure at their council meeting of August 10, 1999 and then pass the signed sets of the agreement on to the City of Scottsdale for their approval. Mr. Farrell stated staff understood the agreement would allow the Town Clerk of Fountain Hills to bill the District for elections costs (excluding the cost for staff time), and if the District failed to pay, the Town of Fountain Hills could bill the City of Scottsdale for reimbursement. Councilman Wyman MOVED to approve Resolution 1999-40. Councilwoman Wiggishoff SECONDED the motion. Mayor Morgan inquired if the agreement protected the Town of Fountain Hills, if any legal issues developed with Mr. Kaufman. Mr. Farrell stated the agreement provided for a legal defense by the District, but if the District did not pay for legal costs, the City of Scottsdale would be responsible for costs. Councilwoman Wiggishoff questioned paragraph 2 and 4 of the agreement. She inquired as to what the result would be if Guadalupe were to terminate the agreement. Mr. Farrell assured the Council by reading another sentence that would be added. "In the event, however, that this agreement terminates due to kairr actions of only Fountain Hills or only Guadalupe the agreement shall continue in effect as between Town Council Special Session 8/10/99 Page 1 of 2 Scottsdale and the Town that did not terminate this agreement." Mr. Farrell clarified the document's wording to her satisfaction. The motion CARRIED unanimously with a vote of 4-0. AGENDA ITEM#2—CALL TO THE PUBLIC. No one came forward. AGENDA ITEM#5—ADJOURNMENT. Councilman Wyman MOVED to adjourn the meeting. Vice Mayor Mower SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 1:38 p.m. TOWN OF FOUNTAIN HILLS 041/ Sharon Morgan,Mayo A'TEST: Cassie B.Hansen,Town Clerk r . • PREPARED BY: ! ' r`' �(^` Bev Bender,Administrative Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Session Meeting held by the Town Council of Fountain Hills on the 10th day of August 1999. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of September 1999. Ltt,t/tA_A_J Cassie B. Hansen,Town Clerk Town Council Special Session 8/10/99 Page 2 of 2