HomeMy WebLinkAboutRes 2012-31RESOLUTION NO. 2012-31
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, FINDING THE EXISTENCE OF THE
STATUTORY CRITERIA SUPPORTING THE CREATION OF A POLITICAL
SIGN -FREE ZONE IN AREAS OF THE TOWN THAT CONTAIN A
PREDOMINANCE OF COMMERCIAL TOURISM, COMMERCIAL RESORT
AND HOTEL USES.
WHEREAS, ARIZ. REV. STAT § 16 -1019, as amended, authorizes the Town to establish
political sign -free zones in areas within the corporate limits of the Town of Fountain Hills (the
"Town ") where the predominance of commercial tourism, commercial resort and hotel uses exist
within the zone and that placement of political signs within the rights -of -way of the zone will
detract from the scenic and aesthetic appeal of the area within the zone and deter its appeal to
tourists; and
WHEREAS, due to the topography of Fountain Hills, many of the commercial tourism,
commercial resort and hotel uses, including the Town's world- famous fountain, the McDowell
Mountain Preserve, numerous golf courses and the gateway to the regionally significant McDowell
Mountain Park, are located in areas that require visitors to traverse many Town arterial and
collector streets causing such streets to be key amenities for tourists that are visiting the hotel,
resort and tourism sites within and adjacent to Fountain Hills; and
WHEREAS, the Mayor and Council of the Town (the "Town Council ") deem that it is in
the best interests of the Town that certain areas within the corporate limits of the Town, as depicted
in Exhibit A, attached hereto and incorporated by reference, should be designated as a "Political
Sign -Free Zone "; and
WHEREAS, the Town Council held a public hearing on November 15, 2012 and reviewed
evidence that within the proposed Political Sign -Free Zone there exists a predominance of the
essential access points to the commercial tourism, commercial resort and hotel uses within and
adjacent to the corporate limits of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. The Town Council finds that the areas depicted on Exhibit A meet the
criteria established in ARIZ. REV. STAT § 16 -1019 as central components for maintaining the
commercial tourism, commercial resort and hotel uses located at various locations throughout the
corporate limits of the Town.
1846566.2
SECTION 3. The Town Council hereby establishes a Political Sign -Free Zone over the
public property within the contiguous areas depicted on Exhibit A, the total area of which does not
exceed three square miles. For those portions of the area designated on Exhibit A covering only
arterial and collector streets, the Political Sign -Free Zone shall cover the full extent of the right -of-
way of such street.
SECTION 4. if any provision of this Resolution is for any reason held by any court of
competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed
separate, distinct, and independent of all other provisions and such holding shall not affect the
validity of the remaining portions of this Resolution.
SECTION 5. 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 Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
November 15, 2012.
FOR THE TOWN OF FOUNTAIN HILLS:
An M. Kav nagh, Mayor
REVIEWED BY:
Kenneth W. Buchanan, Town Manager
1846556.2
2
ATTESTED TO:
l3evel_yn J. 13 der, own Clerk
APPROVED AS TO FORM:
f
Andrew J. McGuire. Town Attorney
EXHIBIT A
TO
RESOLUTION NO. 2012-31
[Political Sign -Free Zone]
See following page.
1846566.2
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