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HomeMy WebLinkAboutRes 2007-37 RESOLUTION NO. 2007-37 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2008. WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the "Town Council") is required by ARiz. REV. STAT § 42-17253 to adopt an annual tax levy based upon the rate to be assessed per each on hundred dollars ($100.00) of valuation of property within the Town; and WHEREAS, by the provisions of State law, a resolution levying the property taxes for fiscal year 2007-08 is required to be finally adopted on or before the third Monday in August and not less than 14 days after the adoption of the municipal budget; and WHEREAS, the Town Council adopted the Town's annual budget on June 7, 2007. WHEREAS, the County of Maricopa is assessing and collecting authority for the Town of Fountain Hills. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. There is hereby levied on each one hundred dollars ($100.00) of assessed valuation of all property, both real and personal, within the corporate limits of the Town of Fountain Hills, except such property as may be by law exempt from taxation, a secondary property tax rate sufficient to raise the sum of$1,297,296 for the purpose of providing a bond interest and redemption fund for General Obligation Bond debt service for the fiscal year ending June 30, 2008. SECTION 2. That failure by the county officials of Maricopa County, Arizona, to properly return the delinquent list, any irregularity in assessments or omissions in the same, or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any title conveyed by any tax deed; failure or neglect of any officer or officers to timely perform any of the duties assigned to him or to them shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment or levy of taxes or of the judgment of sale by which the collection of the same may be enforced shall not affect the lien of the Town of Fountain Hills upon such property for the delinquent taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for the collection of taxes or the foreclosure; and all acts of officers de facto shall be valid as if performed by officers de jure. L 741756.1 SECTION 3. The Town Clerk is hereby directed to transmit a certified copy of this Resolution to the County Assessor and the Board of Supervisors of the County of Maricopa, Arizona. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, June 21, 2007. FOR THE TOWN OF OUNTAIN HILLS: ATTESTED TO: W. J. Nich s, Mayor Bevelyn J. B der, own Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney L L 741756.1 2 EXHIBIT A TO RESOLUTION NO. 2007-38 [Intergovernmental Agreement] See following pages. L Lr 755295.1 civ MOHAVE EDUCATIONAL SERVICES COOPERATIVE, INC. COOPERATIVE PURCHASE AGREEMENT 625 East Beale Street • Kingman, AZ 86401-5920 (928)753-6945 Phone•(928)718-3232 Fax www.mesc.org This Agreement entered into the day of_ /1.¢.t 20 0 7 ,by and between Mohave Educational Services Cooperative, Inc., an Arizona nonprofit corporation and public procurement unit established pursuant to provisions of A.R.S. § 11-952, A.R.S. § 1-952.01, and A.R.S. § 41-2632, hereinafter called "MESC," and 7`& *.k_7 .`. O-P- Gt/U , a local or public procurement unit, or a governmental public entity that is a political subdivision for purposes of federal income tax,or a nonprofit educational or public health institution that is a political subdivision for purposes of federal income tax or meets the requirements of § 115 of the Internal Revenue Code, hereinafter called the "Member," to permit the Member to purchase materials, services and construction from vendors at the prices and terms contained in contracts between MESC and those vendors. The governing body of any Member may enter into an Agreement with MESC for the purpose of utilization of term contracts by such Member(Arizona State Procurement Code,A.R.S. § 41-2631 et seq;A.R.S. § 15- 213;Arizona State Board of Education School District Procurement Rules,R7-2-1001 et seq.). In consideration of the mutual promises contained in this Agreement, and the mutual benefits to result there from,the parties agree as follows: 1. MESC shall: a. Provide the Member with information on contracts, products and services via MESC's website and/or other means as MESC determines appropriate. b. Use specifications, terms and conditions for products, materials, services, and construction determined appropriate by MESC. c. Conduct the procurement in compliance with the Arizona State Procurement Code and the Arizona State Board of Education School District Procurement Rules (A.R.S. Title 41, Chapter 23 and A.A.C. R7-2-1001 et seq). MESC will seek contracts for a variety of materials, services, equipment,and/or construction to enable Members to be/remain in compliance with local,State,or Federal laws or rules,and that promote the overall efficiency,effectiveness and economy of public • procurement. d. Indicate that all Members will be eligible participants in any solicitation intended for general use by MESC's Members. In addition, MESC may invite Members to participate in specific solicitations. Members indicating an interest in participating in such specific solicitations will be eligible to participate in the resulting contracts. e. Hold the Member harmless from any liability which may arise from MESC's action or inaction relating to this Agreement. 2. The Member shall: a. Insure that purchase orders issued against MESC contracts are processed in accordance with the processes and procedures established by MESC, and the terms and prices established in said contracts. b. Pay for materials, services or construction in accordance with the terms of the applicable MESC contract. Payment for,and inspection and acceptance of materials,services or construction ordered by the Member shall be the exclusive obligation of the ordering Member. c. Not use an MESC contract as a method for obtaining additional concessions or reduced prices for similar material or services. d. Be responsible for ordering of materials, services or construction under this Agreement. MESC shall not be liable in any fashion for any violation by the Member of this Agreement, and the Member shall hold MESC harmless from any liability, which may arise from action or inaction of the member relating to the Agreement or its subject matter. L Rev.3/6/07,JTP MESC Cooperative Purchase Agreement e. Pay to MESC an administration fee based upon the cost of ordered materials, services and/or construction (excluding shipping, taxes, bonds, and other ancillary costs specified by MESC), as provided in A.R.S. § 41-2632(5). The amount of the administration fee shall be determined by the MESC Board of Trustees,and shall be remitted to MESC as specified by MESC. 3. The exercise of any rights or remedies by the Member shall be the exclusive obligation of the Member. However, MESC as the contract administrator,and without subjecting itself to any liability, may join in the resolution of any controversy should it so desire. 4. MESC assists Members with purchase verification. However, it is the Member's responsibility to independently verify that quotations and purchase orders comply with the terms of the award of a contract or procurement. 5. MESC may terminate this Agreement without notice if the Member fails to comply with the terms of this Agreement and/or the terms of a MESC contract. 6. The Member may terminate the Agreement without notice if MESC fails to comply with the terms of this Agreement. 7. Either party may terminate this Agreement with at least ninety (90) days written notice to the other party. 8. Termination of this Agreement shall not relieve the Member from Member's exclusive obligation to comply with the terms of any Member purchase order issued prior to termination and payment for materials,services and/or construction so ordered and received. 9. This Agreement shall take effect upon execution by the parties and shall continue until it is terminated. This Agreement supersedes any and all previous Cooperative Purchase Agreements between MESC and the Member. 10. Failure of a Member to secure performance from a vendor in accordance with the terms and conditions of its purchase order does not mean MESC will be required to exercise its own rights or illir remedies. 11. This agreement may be canceled pursuant to the provisions of A.R.S. § 38-511; and is exempt from the provisions of A.R.S. § 11-952, subsections D, E,and F under the provisions of A.R.S. §41-2632 and Arizona State Board of Education Rule R7-2-1191. 12. The Member and MESC agree to be in compliance with all State and Federal employment hiring and employee practices. Both parties agree to use arbitration to the extent required in A.R.S. § 12-1518. IN WITNESS , 7 parties of this Agreement have caused their names to be affixed. FOE FOR MESC e- Signature Signature iti Printed Name Printed Name Pup% Raire/ Title Title Rev.3/6/07,JTP Page 2 MESC Cooperative Purchase Agreement Welcome to Mohave We need some information for your member record. We look forward to serving your purchasing needs. Name of Organization n w tJ O F Co u N m t r 4 t t_!_S Correspondence Address 1 V 1 O 5 C. LI C—. t.t.E O F `T�tc fro u,.l-ram N s ki 25` .(v g Street City �'o u 1(.3 1'4 ILA-5 State&Zip Billing Address Street City State&Zip County m Pra> c.o P fa Type of Organization: Public School College/University City Government ?C County Government Federal Government Tribal Government BIA School Other Political Subdivision Nonprofit Education or Public Health Institution (A nonprofit education or public health institution must be a political subdivision for purposes of federal income tax or meet the requirements of§ 115 of the Internal Revenue Code. Attach supporting documentation.) Contacts Purchasing: t\r\ { Moc.T i.) C`kgo) 1(0— 51'.19 Name Phone# Fax# Email Address Accounts Payable: 1)3 OG-DPs-cJ ea Pao G. P-rJ@ Name hone# -Ago-S31- 3(45 C4 Q> I y5 ) to1 Fax it Email Address Superintendent/ Director: �1.� L G 1`t�T i I C $c) g \3 Name Phone it Fax# ErnAddress Rev.3/6/07,JTP Page 3