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HomeMy WebLinkAboutResolution 2004-173 petition for appointments to the redhawk canyon community facilities districts no. 1 and no. 2MARANA RESOLUTION NO. 2004-173 RELATING TO COMMUNITY FACILITIES APPOINTMENTS TO THE REDHAWK CANYON DISTRICT NO. 1 AND NO. 2 DISTRICTS; COMMUNITY APPROVING FACILITIES WHEREAS, the Town Council, upon forming the Redhawk Canyon No. 1 and No. 2 Community Facilities Districts, appointed the initial board of directors; and WHEREAS, the Town Council is responsible for subsequent appointments to the board of directors; and WHEREAS, the board of directors of Redhawk Canyon No. 1 and No. 2 Community Facilities Districts have reappointments for terms expiring in January of 2004 and a vacancy to fill; and WHEREAS, the developer, through the CFD's district manager, has petitioned the Council to reappoint Scott Mundell and Marsha Johnson to additional four-year terms ending January of 2009; and WHEREAS, the Town Council desires to fill the vacancy created by the resignation of Steve Reyna whose term expires January of 2007 and appoint Mr. Joe Reilly in his place. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Mr. Joe Reilly shall be appointed to the board of directors of the RedHawk Canyon Community Facilities Districts No. 1 and No. 2 and that Scott Mundell and Marsha Johnson be reappointed to additional four-year terms ending January of 2008. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of December, 2004. ayo y Sutton, r ATTEST: PETITION FOR APPOINTMENT OF DISTRICT BOARD MEMBERS FOR RED HAWK CANYON COMMUNITY FACILITIES DISTRICT NO. 1 (TOWN OF MARANA, ARIZONA) TO: Clerk, Town of Marana, Ariozna The undersi=m~ed District Manager for the Redhawk Canyon Community Facilities District, No.1, acting pursuant to the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon), Docket 9969, Page 1923, 1/30/95, respectfully petitions the Honorable Town Council of the Town or Marana, Arizona to appoint the following District Board Members. Article 5 - Organization and Operation of the Districts - 5.1. Appointment of Boards of Directors. The initial members of the District Board shall be those individuals names in the applicable Resolution and acceptable to Developer (the "District Board Members"). In the event of a vacancy occurring on the expiration of the term of an appointed District Board Member or upon the death, resignation or inability of a District Board Member to discharge the duties of such office, the District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates for appointment to fill the vacancy and to advise and consult the Town in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the Town shall promptly appoint a new District Board Member. Pursuant to the above Article in the Amended and Restated Development Agreement and Intergovernmental Agreement, the Developer (US Home Corporation), hereby recommends and requests approval of the following: Re-Appointment of the Scott Mundell (Chair) and Marsha Johnson, whose term is set to expire, January, 2005, to serve an additional four (4) year term. Mr. Mundell has served on the Red Hawk Canyon Community Facilities District, No.l since 1995; while Ms. Johnson has served for the past four years. Appointment of Joe Reilly, to fill the vacancy created upon the resignation of Steve Reyna, whose term is set to expire in January, 2007. Mr. Reilly was an original appointee to the Red Hawk Canyon Community Facilities District, No. 1 (1995). Submitted and effective this 1st day of December, 2004. Red .Ha~Vt2C.any~Com~ties District, No. 1 By Patti Jo Lewis, District Manager STATE OF ARIZONA COUNTY OF PIMA The foregoing instrument was acknowledged before me this-r-~ /X--day of December, 2004, by Patti Jo Lewis, District Manager, for the Red Hawk Canyon Cornmunity Facilities District, No. 1. Notary Public My commission expires: Each Developer.shall designate any assignee in a written instrument duly recorded in the Official Records of Pima County, Arizona. Absent an express written assig.~u~.ent, all rights and obligations of Developer shall remain with Developer. 5. Oraaniz~i0n and Opera~ion of the Districts. 5.1 Appoin~mCn% of Boards of Dire¢5ors. The initial members of the District Board shall be those individuals named in the applicable Resolution and acceptable to Developer (the "District Board Members"). In the event of a vacancy occurring on the expiration of the term of an appointed District Board Member or upon the death, resignation or inability of a District Board Member to discharge the duties of such office, the District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates for appointment to fill the vacancy and to advise and consult with the Town in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the Town shall promptly appoint a new District Board Member. 5.2 Appointment of Di~ri~% Officers and Advisers. (a) ~lCrk and Treasurer. Promptly following the First Board Meeting, each District Board shall, after considering any recommendations submitted at such meeting by Developer in the form of a written list of available candidates, appoint individuals to the positions of District Clerk and District Treasurer in accordance with the CFD Act. Upon the death, resignation or inability of either the District Clerk or the District Treasurer to discharge the duties of such office, each District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates' for appointment to fill the vacancy and to advise and consult with the District in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the District shall promptly appoint a new Clerk or Treasurer. (b) In~¢pendCn~ Financial Adviser. Each District shall retain an independent financial adviser to assist the District in evaluating budgets, feasibility reports and similar matters. 5.3 General Operation. Each District shall maintain its records and conduct its affairs in accordance with the CFD Act and the laws of the State of Arizona. Each District Board shall use its best efforts to hire, as soon as reasonably possible, a general manager for the District from a list of available candidates submitted by the Developer. Page 12 of 42 9969 PETITION FOR APPOINTMENT OF DISTRICT BOARD MEMBERS FOR RED HAWK CANYON COMMUNITY FACILITIES DISTRICT NO. 2 (TOWN OF MARANA, ARIZONA) TO: Clerk, Town of Marana, Ariozna The undersigned District Manager for the Redhawk Canyon Community Facilities District, No.2, acting pursuant to the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon), Docket 9969, Page 1923, 1/30/95, respectfully petitions the Honorable Town Council of the Town or Marana, Arizona to appoint the following District Board Members. Article 5 - Organization and Operation of the Districts - 5.1. Appointment of Boards of Directors. The initial members of the District Board shall be those individuals names in the applicable Resolution and acceptable to Developer (the "District Board Members"). In the event of a vacancy occurring on the expiration of the term of an appointed District Board Member or upon the death, resignation or inability of a District Board Member to discharge the duties of such office, the District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates for appointment to fill the vacancy and to advise and consult the Town in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the Town shall promptly appoint a new District Board Member. Pursuant to the above Article in the Amended and Restated Development Agreement and Intergovernmental Agreement, the Developer (Cottonwood Properties), hereby recommends and requests approval of the following: Re-Appointment of the Scott Mundell (Chair) and Marsha Johnson, whose term is set to expire, January, 2005, to serve an additional four (4) year term. Mr. Mundell has served on the Red Hawk Canyon Community Facilities District, No.2 since 1995; while Ms. Johnson has served for the past four years. Appointment of Joe Reilly, to fill the vacancy created upon the resignation of Steve Reyna, whose term is set to expire in January, 2007. Mr. Reilly was an original appointee to the Red Hawk Canyon Community Facilities District, No.2 (1995). Submitted and effective this 1st day of December, 2004. Red(H~k~anyo~om~mj,rl~y,...,, ,,., Facilities District, No. 2 By "~~ ~ Patti Jo Lewis, Di~rict Manager My commission expires: STATE OF ARIZONA COUNTY OF PIMA The foregoing instrument was acknowledged before me this /~/- __ day of December, 2004, by Patti Jo Lewis, District Manager, for the Red Hawk Cm~yon Community Facilities District, No.2. Notary Public SLIE E. FREED J ~ PIMA COUNTY J I_~'"'=-- M~, Cra,... Ex.i~s F-.~. 3, 2O07 Each Developer shall designate any assignee in a written instrument duly recorded in the Official Records of Pima County, Arizona. Absent an express written assign~,ent, all rights and obligations of Developer shall remain with Developer. 5. Orqaniz~ion ~nd Operation of the Districts. 5.1 Apmointmen% of Boards of Directors. The initial members of the District Board shall be those individuals named in the applicable Resolution and acceptable to Developer (the "District Board Members"). In the event of a vacancy occurring on the expiration of the term of an appointed District Board Member or upon the death, resignation or inability of a District Board Member to discharge the duties of such office, the District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates for appointment to fill the vacancy and to advise and consult with the Town in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the Town shall promptly appoint a new District Board Member. 5.2 AppQin~men~ of Di~ri~t Officers and Advisers. (a) Clerk and Tressurer. Promptly following the First Board Meeting, each District Board shall, after considering any recommendations submitted at such meeting by Developer in the form of a written list of available candidates, appoint individuals to the positions of District Clerk and District Treasurer in accordance with the CFD Act. Upon the death, resignation or inability of either the District Clerk or the District Treasurer to discharge the duties of such office, each District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates for appointment to fill the vacancy and to advise and consult with the District in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the District shall promptly appoint a new Clerk or Treasurer. (b) In4¢penden% Finanqial Adviser. Each District shall retain an independent financial adviser to assist the District in evaluating budgets, feasibility reports and similar matters. 5.3 g~ner~l Operation. Each District shall maintain its records and conduct its affairs in accordance with the CFD Act and the laws of the State of Arizona. Each District Board shall use its best efforts to hire, as soon as reasonably possible, a general manager for the District from a list of available candidates submitted by the Developer. Page 12 of 42 9969 193U