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HomeMy WebLinkAboutOrd 2004-06 I ORDINANCE NO. 04-06 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING FUNDING SOURCES FOR THE CIVIC CENTER PHASE II PROJECT. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") amended the Town of Fountain Hills (the "Town") Financial Policies to include a new section, entitled "Debt Policy" (the "Policy"), on August 21, 2003, in Resolution No. 2003-50; and WHEREAS, the Policy provides for intergenerational equity through debt financing and a"pay-as-you-go" philosophy with respect to capital improvement projects; and WHEREAS, the Town Council has undertaken the capital improvement project to complete the Civic Center Phase II (the "Project"); and WHEREAS, the Town Council desires to fund the Project with a combination of "pay- as-you-go" and debt financing; and WHEREAS, on August 3, 2000, the Town Council adopted Ordinance No. 00-12, increasing the Town's transaction privilege tax by 0.4% (the "Tax Increase"), 0.3% of which was designated for McDowell Mountain preservation (the "Mountain Portion") and 0.1% of which was designated for downtown development; and WHEREAS, the Town Council subsequently issued bonds to purchase real property in the McDowell Mountains (the "Mountain Bonds"); and WHEREAS, the Mountain Portion of the Tax Increase generates an amount (the "Tax Surplus") well in excess of the debt service payments required for the Mountain Bonds; and WHEREAS, the Town Council desires to use the Tax Surplus as a source of revenue for debt financing to fund a portion of the Project. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town Council hereby authorizes partially funding the Project with the portion of the Tax Surplus generated after the date of this Ordinance, not to exceed 1/3 (0.1%) of the Mountain Portion of the Tax Increase. SECTION 2. That, in no event shall such utilization of a portion of the Tax Surplus impair the Town's ability to (i) meet its obligations with respect to retiring the Mountain Bonds or(ii)retire the Mountain Bonds prior to their scheduled pay-off date. 9196.001\..\04-06\Civic Center Funding.v2.doc 4-8-04-1 SECTION 3. That the Tax Surplus generated prior to the date of this Ordinance shall not be utilized to fund the Project. SECTION 4. That the Town Council hereby authorizes and directs the Town Manager to take all steps necessary to permit the Project to be funded from the following sources: (i) newly issued excise tax bonds in the amount of approximately $3.5 Million (utilizing the Tax Surplus as a source of repayment), (ii) grants, (iii) FY03-04 budget savings, (iv) General Government and Law Enforcement Development Fees, (v) advertising sales tax, (vi) residential rental sales tax, (vii) proceeds from sale of assets and (viii) General Fund revenues earmarked for capital expenditures. SECTION 5. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND A OPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,March 18, 2004,:` FOR T F FOUNTAIN S: ATTESTED TO: /L � < BevelynJ.Be der,J. Nic ols,Mayor own Clerk REV D BY•'G APP VED AS TO FORM: % am- imothy G. Pickering,Tow anager Andrew J. McGuire, own Attorney 9196.001\..\04-06 Civic Center Funding.v2.doc 4-8-04-1 2