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HomeMy WebLinkAboutResolution 95-005 intent to form the red hawk canyon community facilities district no 1 RESOLUTION NO. 95-05 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, DECLARING INTENT TO FORM A COMMUNITY FACILITIES DISTRICT AND ORDERING AND DECLARING FORMATION OF THE TAX LEVYING RED HAWK CANYON COMMUNITY FACILITIES DISTRICT NO.1. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: 1. Findings of the Municipality. The mayor and council hereby make the following findings: (a) Prior to the adoption hereof, there was presented to us, the Mayor and Council of the Town of Marana, Arizona (hereinafter referred to as the "Municipality"), a petition for formation of a community facilities district and adoption of a resolution declaring formation of the Red Hawk Canyon Community Facilities District No. 1 (Town of Marana, Arizona), submitted and effective December 19, 1994 (hereinafter referred to as the "Petition"), signed by the entities which, on the date of the Petition and on the date hereof, are the owners of all real property as shown on the assessment roll for State and County taxes for Pima County, Arizona, or, if such persons shown on such assessment roll are no longer the owners of land in the District, are the entities which are the successor owners which have become known and have been verified by recorded deed or similar evidence of transfer of ownership to be the owners of such real property (hereinafter such owners are collectively referred to as the "Petitioner") described in the Petition by metes and bounds to be in the community facilities district, the formation of which is requested by the Petitioner in the Petition, pursuant to Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as amended (hereinafter referred to as the "Act"). The proposed district shall be referred to herein as "District No.1" . (b) The Petitioner has represented, attested and declared the following: I. The name of District No. 1 is requested pursuant to the Petition to be "Red Hawk Canyon Community Facilities District No.1 (Town of Marana, Arizona)", 11. District No. 1 is to be formed, and shall exist, pursuant to the terms and provisions of the Act, m. District No. 1 is to contain an area of approximately 620 acres of land, more or less, wholly within the corporate boundaries of the Municipality, and is to be composed of the land described by metes and bounds as provided in Exhibit A hereto, which is made a part hereof for all purposes (hereinafter referred to as the "Property"), IV. District No. 1 is to be a special purpose district for purposes of Article IX, Section 19, Constitution of Arizona, a tax levying public improvement district for the purposes of Article XIIl, Section 7, Constitution of Arizona, and a municipal corporation for all purposes of Title 35, Chapter 3, Articles 3,3.1,3.2,4 and 5, Arizona Revised Statutes, as amended; is, except as otherwise provided in the Act, to be considered a municipal corporation and political subdivision of the State of Arizona separate and apart from the Municipality; and is to be formed for, and to have, all the purposes and powers of a "district" as such term is defined, and as provided, in the Act, V. A "General Plan for the Proposed Red Hawk Canyon Community Facilities District No.1 (Town of Marana, Arizona)" for District No.1 has been filed with the Clerk of the Municipality setting out a general description of the improvements for which District No. 1 is proposed to be formed and the general areas to be improved and benefitted (hereinafter referred to as the "General Plan," and VI. Public convenience and necessity require the adoption of this Resolution. (c) The Petitioner further represented, attested and declared that 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 in District No. 1 is owned by the Petitioner or, if a person listed on such assessment roll is no longer the owner of the land in District No.1, that the name of the successor owner has become known and verified by recorded deed or similar evidence of transfer of ownership to the Petitioner and that the land to be included in District No. 1 shall be benefited from the improvements for which District No. 1 is proposed to be formed and that there are no resident electors on the land to be in District No. 1. (d) After representing, attesting and declaring the preceding, the Petitioner requested that the Petition be properly filed as provided by law and that, as the Petition is signed by the owners of all the land to be in District No.1, any requirements of posting, publication, mailing, notice, hearing and landowner election otherwise required by the Act in connection with the adoption of this Resolution are waived, the Municipality, on receipt of the Petition, declare District No. 1 formed without being required to comply with such provisions for posting, publication, mailing, notice, hearing or landowner election. 2. Matters Noticed. Acknowled~ed and A!!reed to by the Municipality. The mayor and council hereby notice, acknowledge and agree to the following: (a) The Petitioner seeks formation of District No. 1 to exercise the powers and functions set forth in the Act. (b) The General Plan has been fIled with the Clerk of the Municipality. -2- (c) The Petition and all necessary supporting materials have been filed with the Council, and the showings in the Petition are each noticed by us and are hereby incorporated at this place as if set forth in whole. (d) The purposes for which the organization of District No. 1 is sought are as described in the Petition and are purposes for which a district created pursuant to the Act may be lawfully formed. (e) District No. 1 is wholly comprised of the Property and the Property is wholly within the boundaries of the municipality. (1) The Property is benefitted by District No. 1 and the public infra- structure and public infrastructure purposes set forth in the General Plan. (g) The Petitioner is the owner of all of the Property. (h) The public convenience and necessity require us to adopt this Resolution. 3. Approval of the General Plan. The General Plan as submitted herewith is hereby approved in all respects. 4. Intention to Form the District. The mayor and council hereby declares, pursuant to the Act, its intention to form District No. 1 comprised of the Property as a community facilities district. 5. Granting of Petition: Formation of District. The Petition is hereby granted, and District No. 1 is hereby formed as a community facilities district pursuant to the terms and provisions of, and with the powers and authority established 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 landowner election otherwise required by the Act in connection with the formation of District No. 1 and adoption of this Resolution are waived. The mayor and council hereby determine February 28 to be the scheduled election date to submit the question of formation of District No. 1 to the qualified electors, if any, who reside within the boundaries of District No. 1. As of the date hereof, which is a date within 50 days immediately preceding such scheduled election date, there are no resident electors or qualified electors residing on the Property, therefore, the submission of the formation of District No. 1 to an election of resident electors is hereby found to be unnecessary and no election will be held. The name of District No. 1 shall be Red Hawk Canyon Community Facilities District No.1. The formation of District No. 1 may result in the levy of taxes to pay the costs of improvements constructed by District No. 1 and for their operation and maintenance. -3- \ 6. District Board and Officers. District No. 1 shall be governed by a "District Board" comprised of appointed directors whose names and corresponding terms are hereafter set forth: Name Term 1. Duff C. Hearon 6 years 2. Kenna J. Smith 6 years 3. F. Joseph Riley, II 6 years 4. Scott Mundell 4 years 5. Larry O. Schone 4 years 7. District Boundaries and MaD. District No.1 boundaries are as described in metes and bounds in Exhibit A hereto. The map showing District No. 1 boundaries is set forth in Exhibit B hereto and is hereby approved. 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 OR FOR THE MUNICIPALITY. NEITHER THE GENERAL FUND OF THE MUNICIPALITY, NOR THAT OF THE STATE OF ARIZONA OR ANY POLmCAL SUBDIVISION OF EITHER (OTHER THAN THE DISTRICT) SHALL BE LIABLE FOR THE PAYMENT OR REPAYMENT OF ANY OBLIGATION, LIABILITY, BOND OR INDEBTEDNESS OF THE DISTRICT, ANDNEITHER THE CREDIT NOR THE TAXING POWER OF THE MUNICIPALITY, THE STATE OF ARIZONA OR ANY POLmCAL SUBDIVISION OF EITHER (O'I'HER THAN THE DISTRICT) SHALL BE PLEDGED THEREFOR. Passed by the Council of the Town of Marana, Arizona, this 17th day of January, 1995. c¿-?AJ ~2,bL~ Mayor, Town of a, Arizona ..... APPRO TO FORM: :- \ ~..!J ffi I ß c / Town Attornè -4- _...... -..._-......;.... ..I'... ....1.... EXHIBIT A LEGAL DESCRIPTION OF COMMUNITY FACIIlTIES DISTRlCI" FOR U.S. HOMElWESTlNGHOUSE PROPERTY OPW Project No. 94002-102 ALL OF THAT PORTION OF SECTIONS 24, 25. AND 26, TOWNSHIP 11 sounr, RANGE 12 EAST, G&SRBM. PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 25, TIŒNCE NORTH 00° 01' 40" WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25, A DISTANCE OF 1313.58' TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00° 01' 40" WEST. ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECI"ION 25, 1313.58' TO THE WEST QUARTER CORNER OF SAID SECTION 25; THENCE NORTH 00° 00' 22" WEST. ALONG THE WEST UNE OF THE NORTHWEST QUARTER OF SAID SECTION 25. A DISTANCE OF 2634.94' TO THE NORTHWEST CORNER OF SAID SECTION 25; THENCE NORTH 00° 01' IS" EAST. ALONG THE WEST UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 24.1725.73' TO A POINT; THENCE NORTH SOO 45' 16" EAST, 1002.05' TO A POINT; THENCE NORTH 63° 5S' 03" EAST, 1083.06' TO A POINT; THENCE SOUTII 59° 00' 00" EAST, 442.41' TO A POINT OF CURVATURE; TIŒNCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT. WHICH HAS A RADIUS OF 2275.00' AND A CENTRAL ANGLE OF 31 ° 24' 50", AN ARC LENGTH OF 1247.33' TO A POINT OF TANGENCY; THENCE SOUTH 27° 35' 10" EAST, 1191.34' TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 3275.00' AND A CENTRAL ANGLE OF 82° 31' 42". AN ARC LENGTH OF 4717.27' TO A POINT; THENCE SOUTH 35° 03'28" EAST, 637.35' TO A POINT OF CURVATURE; --- .- ---~ ..... U.S. HOMEI WESTINGHOUSE PROPERTY OPW Project No. 94002-102 PAGE 2 THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT. WHICH HAS A RADIUS OF 1755.00' AND A CENTRAL ANGLE OF 04° 37' 17", AN ARC LENGTH OF 141.56' TO A POINT ON SAID CURVE FROM WInCH THE RADIUS BEARS NORTH 50° 19' 15" EAST; THENCE SOUTH 26° 15' 09" WEST, 393.47' TO A POINT; TIlENCE SOUTH 11 ° 28' 33" WEST, 202~95' TO A POINT 75.00' NORTH OF mE soum LINE OF SAID SECTION 25; THENCE NORTH 89° 43' 06" WEST, ALONG A LINE 75.00' NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 25. A DISTANCE OF 2952.97' TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25; TIlENCE SOUTH 89° 10' 36" WEST. ALONG A LINE 75.00' NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 1324.74' TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 00° 01' SO· WEST, ALONG THE WEST SIDE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 1244.89' TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 89° 27' 00 EAST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 1324.72' TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, SAID POINT BEING THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 620.58 ACRES, MORE OR LESS. CM:lb September 14, 1994 94002\entiIe2.lg1 . ~ "BON .. . .~- TOTAL P. 04 :--;- .~ ~ i fA ~ 0:0 [ ~ ~h :~ ~ ,. ~ ~ '·r ... .... 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" . . . . . 25 .. .. . . . 0 .. .. . .. .... .. .. . . . .. . .. .. .. .. .. .. . ............ .... .. o. . .30 .. .. . . . . .. .. .. .. .. .. .. .. . . .... . .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. . .. .. .. . .... . ..... .. .... .. .. .... . .. . . .. .. .. .. 0 . .. . . . .. . .. · .. .. .. . . . .. .. . . .. . .... ........ ......... .... .. . .... ........ .... .... .......... ......... .. ...... .. .. .... . .. ... .. .. .. .... . .. . .. . .. . .. .. .. · .. .. . .. .. .. ...... .. .. .. . .. .. .. .. .. . .. .. .. .. .. ... .. .... ... ......... · .. .... .. .. . .... . "" .......... · .. .. .. . . .. .. .. .. . ... ......... .. .. .. .. . .. ... ... .. .. . .. . .. .. .. . .. . .. . .. .. ... . . ... . .... ... .... ... .. ..... . .. . .. .. .. . . .. . . . · . . .. . .. .. . .. ... .... . . .. . . 0 . . . . .. .. . . . . . .. . . . . . . .. .. .. . .. . .. 0" .0. . . 0 .. . . . 0 .... . .. . . . . . . . .. . . . .. . . .. .. .. . .. .. .. .. . .. .. . .. .. .. . .. .. · . . . .. .. . . . .._. [. . , . 25 , 38 , \13\ , . ~-_. \ , I 3' , I , , I , , . <: , I , ;¡ , I , - , . . , I .. (. . . .. . 0 , _ , "'0 < f- ð f- ~ t SECTION .36 150' PARCEL MAP of COMMUNITY FACIUTIES DISTRICT far u.s. HOME I WESTINGHOUSE PROPE:RTY (620.58 ACRES) --"':"::.:- ::