HomeMy WebLinkAboutResolution 2020-069 Determining that Vanderbilt Farms Community Facilities District has been Inactive for at Least Five Years RESOLUTION NO. 2020-069
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF MARANA, ARIZONA, DETERMINING
THAT VANDERBILT FARMS COMMUNITY FACILITIES
DISTRICT HAS BEEN INACTIVE FOR AT LEAST FIVE
YEARS AND HAS NO FUTURE PURPOSE AND ASSUMING,
TO THE EXTENT NOT OTHERWISE PROHIBITED BY
APPLICABLE LAW, ALL OF THE OBLIGATIONS OF
VANDERBILT FARMS COMMUNITY FACILITIES
DISTRICT, ALL PURSUANT TO SECTION 48-701 ET SEQ,
ARIZONA REVISED STATUTES
WHEREAS, pursuant to Section 48-701 et seq. , Arizona Revised Statutes (the
"Act"), the Town of Marana, Arizona (the "Town"), is authorized to form a community facilities
district as described in the Act; and
WHEREAS, on April 18, 2005, owners of real property, all of which real property
lies wholly within the corporate boundaries of the Town, presented to the Mayor and Common
Council of the Town (the "Council"), a petition seeking adoption of a resolution declaring the
intent of the Council to form a community facilities district; and
WHEREAS, the Council found that the said petition had been properly executed
by the owners of 100 percent of the property proposed to be included within such district and
that the public convenience and necessity required the adoption of a resolution to form such
district on April 19, 2005, such resolution (1) resolving, among other things, that the area to be
included within such district was described on an exhibit to such resolution and (2) ordering,
among other things, that such district, to be known as Vanderbilt Farms Community Facilities
District (the "District") , be formed and that the property to be included within the District was
described by such legal description; and
WHEREAS, the Act provides (1) that the District may be dissolved by a
resolution of the Board of Directors of the District (the "Board") if all of the property of the
District (of which the Board has, by a Resolution adopted on the date this Resolution was
adopted, found there is none) has been conveyed to the Town and the Council has assumed all of
the obligations of the District (of which the Board has, by a Resolution adopted on the date this
Resolution was adopted, found there are none that survive the effective date of this Resolution
and the resolution of the Board of Directors of the Vanderbilt Farms Community Facilities
District of even date herewith) and (2) that the Board shall dissolve the District if the Council
consents to comply with such conditions and determines the District has been inactive for at least
five consecutive years and has no future purpose; and
WHEREAS, by its adoption of Resolution No. 2018-071 on August 7, 2018, this
Board approved and authorized the Chair to sign an intergovernmental agreement between the
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Town of Marana and the District regarding ownership and maintenance of Farm Field Five
public sewers (the "FF5 Sewer IGA"); and
WHEREAS, the Council hereby determines that the District has been inactive for
at least five consecutive years and has no future purpose;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Common Council
of the Town of Marana, Arizona, that:
Section 1. The FF5 Sewer IGA is hereby terminated, effective upon the
transfer from the District to the Town of the balance of District operations and
maintenance taxes.
Section 2. Property of the District, if any, conveyed by the District to the
Town is hereby accepted. The Town Manager of the Town is authorized to take all steps
necessary to accommodate conveyance of such property.
Section 3. To the extent not otherwise prohibited by applicable law from
doing so, all of the obligations of the District are assumed by the Town upon the date of
adoption of this Resolution.
Section 4. The Town Manager and staff are authorized and directed to
take all steps necessary or prudent to carry out the dissolution of the District consistent
with this resolution and the resolution of the Board of Directors of the Vanderbilt Farms
Community Facilities District of even date herewith.
Section 5. If any section, paragraph, clause or provision of this Resolution
shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or provision shall not affect any
remaining provisions of this Resolution. All resolutions or parts thereof inconsistent
herewith are hereby waived to the extent only of such inconsistency.
PASSED AND ADOPTED by the Mayor and Common Council of the Town of
Marana, Arizona, this 23rd day of June, 2020.
Ao<S& 1/1
Mayor Ed Honea
MARANA AZ
E.S'l AYs r4977
ATTES APPROV ' AS TO FORM:
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Cherry L. Ya -son, own Clerk Fra•t Cassi. ;Town Attbr ey
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