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Home My WebLink AboutResolution 2001-075 CFD documents for dove mountain resort F. ANN RODRIGUEZ, RECORDER RECORDED B]~: D K D~PUTy RECORDER 7864 ROOF TOWN OF ATTN: TOWN CLERK 13251 N LON ADAMS RD M~ANA AZ 85653 DOCKET: 11580 P~E: 3025 NO. OF PAGES: 5 SEQUENCE: 20011250655 06/28/2001 RES 16:29 M~IL /~OUNT PAID $ 8.00 MARANA RESOLUTION NO. 2001-75 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, DECLARING AND ORDERING FORMATION OF THE DOVE MOUNTAIN RESORT COMMUNITY FACILITIES DISTRICT IN THE TOWN OF MARANA, ARIZONA. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: 1. Findings. The Mayor and Council hereby fred as follows: (a) Prior to the adoption hereof; there was presented to the Mayor and Council of the Town of Marana, Arizona (hereinafter referred to as the "Town'), on or about ~ 200 , a petition for formation of a community facilities district and adoption ora ~solution declaring formation of Dove Mountain Resort Community Facilities District in the Town of Marana, Arizona (hereinafter referred to as the "Petition") pursuant to Article 6, Chapter 4, Title 48, Arizona Revised Statutes (hereinafter referred to as the "Act"), signed by entities who or which, on the date of the Petition and on the date hereof; are the owners of all real property described by metes and bounds on Exhibit A to the Petition and hereto, to be included in the proposed community facilities district, the formation of which is requested in the Petition, as shown on the assessment roll for State and County taxes for Pima County, Arizona (such owners being hereinafter collectively referred to as the "Petitioner"). (b) The Petitioner has represented, attested and declared the following: The name of the proposed community facilities district is requested to l~e "Dove Mountain Resort Community Facilities District" (the "District"), of the Act, II. The District is to be formed, and shall east, pursuant to the terms and provisions III. The District will contain an area o£ approximately 1005 acres of land, more or less, wholly within the corporate boundaries of the Town, and will be comi~ed of the land 1 1 0 O d~scribed by metes and bounds on Exhibit A hereto, which is made a part hereof for all purposes (the "Property"), IV. The District will be a special purpose district for purposes of Article IX, Section 19 of the Constitution of the State of Arizona, a tax levying public improvement district for the purposes of Article XIII, Section 7 of the Constitution of the State of Arizona, and a municipal corporation for all purposes of Title 35, Chapter 3, Articles 3, 3.1, 3.2, 4 and 5 of the Arizona Revised Statutes; will, except as otherwise provided in the Act, be considered a municipal corporation and political subdivision of the State of Arizona separate and apart from the Town; and will be formed for, and have, all the rights and powers of a "district," as such term is defined, and as provided, in the Act, A "General Plan for the Proposed Dove Mountain Resor~ Community Facilities District in the Town of Marana, Arizona" (the "General Plan") has been filed with the Clerk of the Town setting out a general description of the improvements for which the District is proposed to be formed and the general areas to be improved and benefited (hereinaRer referred to as the "General Plan,") and VI. The formation of the District may result in the levy of taxes upon the owners of the Property, to be included in the District in order to pay the costs of improvements constructed by the District and for the operation and maintenance of the District. VII. The public convenience and necessity require the adoption of this resolution. The Petitioner has further represented, attested and declared that (i) on the date hereof, as shown on the assessment roll for State and County taxes in Pima County, Arizona, all of the land to be included in the District is owned by the Petitioner, (ii) the land to be included in the District will be benefited from the improvements for which the District is proposed to be formed, (iii) there are no resident electors on the land to be included in the District nor will there be any such electors on any date prior to the adoption hereof and (iv) the Town shall in no way be liable for the payment of any of the costs of the public infrastructure described in the General Plan, except to the extent authorized by separate agreement, nor be liable for any liability, debt or obligation of the District. b) After represeming, attesting and declaring as aforesaid, the Petitioner requested that the Petition be properly filed as provided by law and 1 1 0 3 that, as the Petition is signed by the owners of all the land to be included in the District, (i) any reqniremems for posting, publication, mailing, notice, hearing and election otherwise required by the Act in connection with the adoption of this Resolution be waived and (ii) the Town declare the District formed on receipt of the Petition without being required to comply with such provisions for posting, publication, mailing, notice, hearing or election. 2. Matters Noticed, Acknowledged and Agreed to by the Town. The Mayor and Council hereby notice, acknowledge and agree to the following: The Petitioner seeks formation oftbe District to exercise rights and powers set forth in the Act. (a) The General Plan has been filed with the Clerk of the Town. The Petition and all necessary supporting materials deemed necessary by the Petitioner have been filed with, and noted by, the Mayor and Council and are hereby incorporated herein as if set forth in full herein. a. The purposes for which the organization of the District is sought are as described in the Petition and are purposes for which a district may be created pursuant to the Act. (b) The public convenience and necessity require us to adopt the 3. Approval of the General Plan. The General Plan as submitted herewith is hereby approved in all respects. 4. Granting of Petition; Formation of District. The Petition is hereby granted, and the District, to be known as Dove Mountain Resort Community Facilities District, is hereby formed as a community facilities district pursuant to the terms and provisions of, and with the powers and authority conferred by, the Act, with jurisdiction over the Property. Based on the Petition and the findings set forth in this Resolution, all requirements of posting, publication, mailing, notice, hearing and election otherwise required by the Act in connection with the formation of the District and adoption of this Resolution are found to be unnecessary. 5. District Board and Officers. The District shall be governed by a "District Board" comprised of appointed directors whose names and corresponding terms are hereafter set forth: F. Joseph Reilly, III Scott Mundell Marcia Johnson 6 years 6 years 6 years 1 1 O 3 0 ? Steve Reyna 4 years John Soper 4 years 6. District Boundaries and Map. The District boundaries are as described in metes and bounds on Exhibit A hereto. A map showing the District boundaries is set forth in Exhibit B hereto and is hereby approved. 7. Town Not Obligated to Directors. Except to the extent authorized by separate agreement, the Town shall not be directly or indirectly obligated or liable to, and will not pay costs of; or otherwise indemnify or hold harmless, the proposed or any subsequently appointed members of the District's board of directors (the "Board") as a result of their appointment or any activities subsequent to their appointment to the Board. 8. Dissemination of this Resolution. The Petitioner shall cause a copy of this Resolution to be delivered to the County Assessor and the Board of Supervisors of Pima County, Arizona, and to the Department of Revenue of the State of Arizona. 9. No General Liability of the Town. NEITHER THE GENERAL FUND OF THE TOWN, NOR THAT OF THE STATE OF ARIZONA OR ANY POLITICAL SUBDIVISION THEREOF (OTHER THAN THE DISTRICT) SHALL BE LIABLE FOR THE PAYMENT OR REPAYMENT OF ANY OBLIGATION, LIABILITY, BOND OR INDEBTEDNESS OF THE DISTRICT, AND NEITHER THE CREDIT NOR THE TAXING POWER OF THE TOWN, THE STATE OF ARIZONA OR ANY POLITICAL SUBDIVISION THEREOF (OTHER THAT THE DISTRICT) SHALL BE PLEDGED THEREFOR. Passed and adopted by the Mayor and Council of the Town of Marana, Arizona, this 19th day °f June' 2001' ~~ Mayo](/Bo~by/~utton, Jr. ATTEST: Daniel J. Hochuli, as Town Attorney and not personally 1 ! 0 NOTICE REGARDING EXHIBITS THE EXHIBITS "A' (LEGAL DESCRIPTION FOR CFD #3 ASSESSMENT AREA) AND "B' (LOCATION MAP) FOR MARANA RESOLUTION NO. 2001-75 HAVE NOT BEEN RECORDED WITH THE RESOLUTION. BOTH EXHIBITS ARE CONTAINED WITHIN THE DOCUMENT TITLED "PETITION FOR ADOPTION OF RESOLUTION ORDERING AND DECLARING FORMATION OF DOVE MOUNTAIN RESORT COMMUNITY FACILITIES DISTRICT IN THE TOWN OF MARANA, ARIZONA", AND ARE LABELED WITHIN THAT PETITION AS EXHIBIT "A' (LEGAL DESCRIPTION) AND EXHIBIT "C' (LOCATION MAP). THE PETITION WAS RECORDED BY THE PIMA COUNTY RECORDER'S OFFICE ON JUNE 28, 2001, IN DOCKET '/Z~'~ . PAGE 3(~ 5~ THIS RESOLUTION AND THE AFOREMENTIONED PETITION CAN BE VIEWED DURING REGULAR BUSINESS HOURS, 8:00 A.M. - 5:00 P.M., MONDAY THROUGH FRIDAY, AT THE MARANA TOWN HALL, 13251 NORTH LON ADAMS ROAD, MARANA, ARIZONA. THEY ARE FILED IN PUBLIC RECORDS WITH THE MARANA TOWN CLERK'S OFFICE. 1 1 8 0 3 O