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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 4/28/2004 MINUTES OF THE COMMUNITY FACILITIES DISTRICT NUMBER ONE HELD TUESDAY, APRIL 28, 2004 The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Thomas R. Eggleston and the following Councilmembers present: Joyce V. Clark, Steven E. Frate, David M. Goulet, H. Philip Lieberman, and Manuel D. Martinez. Also present were Ed Beasley, City Manager; Pam Kavanaugh, Assistant City Manager; Jon Paladini, Interim City Attorney; and Pamela Hanna, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the 1 resolutions to be considered at the meeting was available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 and Ms. Pamela Hanna, City Clerk, read agenda resolutions number 1 by number and title. 1. Review the proposed Organizational Resolution and take appropriate action. Purpose This is a request for the Community Facilities District Board of Directors to review and take appropriate action on the proposed organizational resolution. This resolution sets forth the meeting schedules and officers in addition to other organizational matters. This provides an opportunity for the Board to up be updated on financing structure rating activity and progress. Background The City Council created the Community Facilities District on July 22, 2003 pursuant to Resolution No. 3699. By operation of law, the members of the City Council, acting ex officio, constitute the Board of the District. Community Benefit The District has been formed to assist in the financing of certain public infrastructure related to the multi-purpose facility being constructed by the Tourism and Sports Authority to be used by the Arizona Cardinals and others. Budget Impacts & Costs The adoption of Resolution No. 1 of the District does not impact the finances of the District. It is anticipated that the Board may consider financing alternatives at future meetings. 1 Recommendation Resolution No. 1 is the initial organizational resolution of the District. If the Board determines to take action on the Resolution, it is recommended that its title be read and appropriate action taken. Resolution No. 1 New Series was read by number and title only, it being A RESOLUTION OF THE DISTRICT BOARD OF THE CITY OF GLENDALE, ARIZONA COMMUNITY FACILITIES DISTRICT NUMBER ONE TAKING CERTAIN ACTIONS WITH REGARD TO ORGANIZATION OF THE DISTRICT; APPROVING THE GENERAL PLAN FOR THE DISTRICT; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDEMNIFICATION AGREEMENT; APPROVING AND AUTHORIZING THE NEGOTIATION OF A DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT (CITY OF GLENDALE, ARIZONA COMMUNITY FACILITIES DISTRICT NUMBER ONE); ESTABLISHING THE DATE, TIME AND LOCATION OF DISTRICT BOARD MEETINGS; PROVIDING FOR OTHER INTERIM PROCEDURAL RULES FOR THE DISTRICT BOARD; PROVIDING THE POSTING LOCATIONS FOR DISTRICT BOARD MEETING NOTICES; AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE AFTER ITS PASSAGE AND APPROVAL ACCORDING TO LAW. NEW BUSINESS 1. Discussion on Possible Further Actions by the Board 2. Status of CFD bond proposals ADJOURNMENT There being no further business, the meeting was adjourned at 6:30 p.m. Pamela Hanna - City Clerk 2 - - . tt.`',1 € ^r 'n . , „,:;-:,:;:;:.— ,„:.,:-, _: ,:,.,„:,- fr ; - t Wx t �a , ., -.. ,,,-, :. -,,..,..-,...-, ,,,,,-;-,,-,.;n4:„;,,,,,..,,,,,,,loirip-kr ,act it, ,.,. ,. .., , ,, ,,,„ 14 , , ... ,„, ,... ',---,-,-1,; :!,.. -'4!-.ag t ' y. .,,, , , , ,,,,:,,,,,„..„0.45.,,,45-,:,.,„:„:„:...,,,,,,,„:„,,,..,-..,,,_,..,1 t,_',-, '` ,,'..: , ;:4 '..l,,"i•"','',7' ..,'%'IZAtej",.'''''../-*1 i'—').„ 7. -:,-,"")' 1".'"' ''';', "..:.ii r tr'j i n 9.4 ,,A°,4 1,4.4.•,4,.."..' 7.A 4,Li. v.% 4's S.; .;,:s.s,„....1 sr+, - . .',:0%...--',- ,.-.7-,.\,.'' , 4--",--,;..-_'.„-,";,.:::.":„ -,`,-,r..1.-:,,2.,..i.".;v:`,1.,,`4744,4iit liffiwie.--4 9, isrriru-44.-.....4: s";a s, ,-4. !. ,,,,-,- : "-",,f,dot;ovitsiliAri:,,;,,::,,,0:.--,i,',,,, 2,.. .. ,7-, 3` „4 „,% { Y N„?..'A-4 S' -t'-;:s;::'`'' ..,,Boay , „p .--40 e / , „. ,, f --: y • { •i._.$...�+. „ r#'.s.,iz., nFar a9 Tuesday, April 21, 2004 Item No. 1 To: Honorable Chair and Board Members From: Ed Beasley,District Manager Prepared By: Art Lynch,District Financial Officer Subject: Community Facilities District Organizational Resolution Purpose This is a request for the Community Facilities ts forth the District Board of Directors to review and take appropriate action on the proposed organizational resolution. This resolution se meeting schedules and officers in addition to other organizational matters. This provides an opportunity for the Board to up be updated on financing structure rating activity and progress. Background suant to The City Council created the Community Facilities District on July 222003 pur Resolution No. 3699. By operation of law, the members of the City Council, acting ex officio, constitute the Board of the District. Community Benefit The District has been formed to assist in the financing of certain public infrastructure related to the multi-purpose facility being constructed by the Tourism and Sports Authority to be used by the Arizona Cardinals and others. Budget Impacts & Costs The adoption of Resolution No. 1 of the District does not impact the finances of the District. It is anticipated that the Board may consider financing alternatives at future meetings. Recommendation Resolution No. 1 is the initial organizational resolution of the District. If the Board determines to take action on the Resolution, it is recommended that its title be read and appropriate action taken. r'CC-I de,it Ed Beasley District Manager • .n ,nz _ „„, a 0 L:.;,..tU UU iJ UesJistrict. rtruLQ,. gcn dr �', :°,;' - 3' %,. ,'` y c ,':fro^ ?a' x t - G °. . ✓ 4 :. `. CITY GNDL , ARIZONA COMMUNITY YF AO LITIESLEAD ISTRICTEAZONUMBER ONE BOARD AGENDA Tuesday, April 27, 2004 5:00 P.M. Glendale Municipal Complex, 5850 W. Glendale Ave. ITEM 1 1. Review the proposed Organizational Resolution and take appropriate action. NEW BUSINESS 1. Discussion on Possible Further Actions by the Board 2. Status of CFD bond proposals Adjournment RESOLUTION NO. 1 (CITY OF GLENDALE, ARIZONA COMMUNITY FACILITIES DISTRICT NUMBER ONE) A RESOLUTION OF THE DISTRICT BOARD OF CITY OF GLENDALE, ARIZONA COMMUNITY FACILITIES DISTRICT NUMBER ONE TAKING CERTAIN ACTIONS WITH REGARD TO ORGANIZATION OF THE DISTRICT; APPROVING THE GENERAL PLAN FOR THE DISTRICT; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDEMNIFICATION AGREEMENT; APPROVING AND AUTHORIZING THE NEGOTIATION OF A DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT (CITY OF GLENDALE, ARIZONA COMMUNITY FACILITIES DISTRICT NUMBER ONE); ESTABLISHING THE DATE, TIME AND LOCATION OF DISTRICT BOARD MEETINGS; PROVIDING FOR OTHER INTERIM PROCEDURAL RULES FOR THE DISTRICT BOARD; PROVIDING THE POSTING LOCATIONS FOR DISTRICT BOARD MEETING NOTICES; AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE AFTER ITS PASSAGE AND APPROVAL ACCORDING TO LAW. BE IT RESOLVED BY THE DISTRICT BOARD OF CITY OF GLENDALE, ARIZONA COMMUNITY FACILITIES DISTRICT NUMBER ONE as follows: 1. Findings. a. On July 22, 2003, the Mayor and Council of the City of Glendale, Arizona (hereinafter called the "Municipality"), adopted Resolution No. 3699 which, among other things, ordered and declared formation of Glendale, Arizona Community Facilities District Number One (hereinafter called the "District"). b. The District is 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 XIII, Section 7, Constitution of Arizona, and a municipal corporation for all purposes phx-srv01\1403553x04 of Title 35, Chapter 3, Articles 3, 3.1., 3.2, 4 and 5, Arizona Revised Statutes, as amended, and, except as otherwise provided in Section 48-708(B), Arizona Revised Statutes, as amended, is considered to be a municipal corporation and political subdivision of the State of Arizona, separate and apart from the Municipality. c. Certain matters relating to the organization of the District must be determined by the district board of the District (hereinafter referred to as the "District Board"). d. There was filed with the Clerk of the Municipality the "general plan" for the District, which sets out a general description of the public infrastructure improvements for which the District was formed and the general areas to be improved (hereinafter referred to as the "General Plan"). e. Pursuant to Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as amended (hereinafter referred to as the "Act"), and Section 9-500.05, Arizona Revised Statutes, as amended, two or more of the Municipality, the District, B&B Holdings, Inc. (hereinafter called the "Petitioner") and the Tourism and Sports Authority (hereinafter called the "TSA") are entering into the following agreement: (i) the Indemnification Agreement by and among the Petitioner, the District and the Municipality; and (ii) the District Board authorizes the negotiation of a "development agreement" as described in (i) below to specify, among other things, conditions, terms, restrictions and requirements for public infrastructure (as such term is defined in the Act) and the financing of public infrastructure and subsequent reimbursements or repayments over time. f. With regard to the property which makes up the real property included within the District, the District, the Municipality, the Petitioner and the TSA will specify some of such matters in the development agreement, particularly matters relating to the phx-srv01\1403553x04 2 construction of certain public infrastructure by the District, the acceptance thereof by the Municipality and the reimbursement or repayment of the Petitioner, the Municipality and/or the TSA with respect thereto, all pursuant to the Act. g. The District is authorized by Section 48-709(F), Arizona Revised Statutes, as amended, to repay all or part of fees and charges collected from landowners for public infrastructure purposes, the advance of moneys by landowners for public infrastructure purposes or the granting of real property by the landowner for public infrastructure purposes from the proceeds of the Bonds pursuant to agreements entered into with landowners and the Municipality pursuant to Section 48-709(A)(10), Arizona Revised Statutes, as amended. h. Pursuant to the Act and Title 11, Chapter 7, Article 3, Arizona Revised Statutes, as amended, the District, the Municipality and the TSA may enter into an "intergovernmental agreement" with one another for joint or cooperative action for services and to jointly exercise any powers common to them and for the purposes of the planning, design, inspection, ownership, control, maintenance, operation or repair of public infrastructure. i. There has been placed on file with the District Clerk of the District and presented to the district board of the District (hereinafter called the "District Board") in connection with the purposes described in paragraphs 1.e. through h. the following agreement: (i) the Indemnification Agreement; and (ii) it being understood that a District Development, Financing Participation, Waiver and Intergovernmental Agreement (City of Glendale, Arizona Community Facilities District Number One) (hereinafter referred to as the "Development Agreement"), by and among two or more of the Municipality, the District, the Petitioner and the TSA, among other parties, if any, will be negotiated and presented to the District Board for consideration at a later date. phx-srv01\1403553x04 3 j. In accordance with ARS §48-702(A)(8), the members of the City Council comprise the District Board, ex officio and ARS §48-711(C) requires that the District Board comply with the open meeting requirements of ARS §38-431 et seq. Accordingly, the District Board desires to adopt procedural rules for the District Board, similar to those adopted by other community facilities district boards for which the members of the City Council comprise said boards. 2. District Officers and Consultants. The Mayor and the Vice Mayor of the Municipality are hereby appointed "Chairperson" and "Vice Chairperson," respectively, of the District Board; the Clerk of the Municipality is hereby appointed "District Clerk"; the Treasurer of the Municipality is hereby appointed "District Treasurer"; the Manager of the Municipality is hereby appointed "District Manager"; the Chief Financial Officer of the Municipality is hereby appointed "District Chief Financial Officer"; Johnson Consulting, Inc. is hereby appointed "District Financial Advisor" and Greenberg Traurig, LLP is hereby appointed as "District Bond Counsel." (The District Manager is hereby appointed as "superintendent of streets" for all purposes for which such capacity is necessary.) 3. Posting of Notices. Statements of the District Manager directing where all public notices of the meetings of the District shall be posted in substantially the forms attached hereto and marked as Exhibit "A" have been provided to those indicated therein and are hereby approved and ratified for all purposes thereof. 4. Approval of General Plan. The General Plan as previously submitted to the Clerk of the Municipality is hereby approved in all respects. 5. a. Approval of Agreements. The following agreement is hereby approved: the Indemnification Agreement; in substantially the form submitted herewith, with phx-srv01\1403553v04 4 such changes, additions, deletions, insertions and omissions, if any, as the Chairperson of the District Board, with the advice of the District Manager and the District Counsel, shall authorize, the execution and delivery of such agreements to be conclusive evidence of the propriety of such document and the authority of the person or persons executing the same. b. Negotiation of Development Agreement. The District Manager or his designee is hereby authorized to negotiate the Development Agreement. c. Execution of Indemnification Agreement. The Chairperson of the District Board, with the advice of the District Manager and the District Counsel, is hereby authorized and directed to execute, and the District Clerk to attest, the Indemnification Agreement on behalf of the District. 6. No Liability of or for the Municipality. Neither the Municipality nor the State of Arizona or any political subdivision of either (other than the District) shall be directly, indirectly or morally liable or obligated for the payment or repayment of any indebtedness, liability, cost, expense or obligation of the District, and neither the credit nor the taxing power of the Municipality, the State of Arizona or any political subdivision of either shall be pledged therefor. 7. Provision of Insurance. Evidence has been presented to the District Board that appropriate insurance is effective with respect to the District Board and activities of the District. 8. Procedural Rules. a. That regular and work/study sessions of the District Board shall be held as needed at the place, on the date, and at or near the time of regular and work/study phx-srv01\1403553x04 5 sessions of the City Council held pursuant to the City Charter and Code, with notice thereof to be given as set forth in ARS §38-431.02(A)(C)&(G) (as amended from time to time). b. That the same meeting rules, procedures and practices shall be followed by the District as are followed by the City Council, except that: (a) any measure may be adopted at a single meeting, (b) a measure shall be effective immediately upon passage and shall not be subject to referendum unless otherwise required by Arizona Revised Statutes, and (c)the provisions of ARS §48-701 et seq. shall supercede any conflicting rules, procedure or practice. c. That the posting locations for public meeting notices for the District Board shall be at the Bulletin Board in front of the City Council Chambers at the Glendale Municipal Office Complex, 5850 W. Glendale Avenue, Glendale, Arizona 85301. 9. Severability; Amendment. a. 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 of the remaining provisions of this Resolution. b. All resolutions or parts thereof inconsistent herewith are hereby waived to the extent only of such inconsistency. 10. Effective Date. This Resolution shall be effective immediately. phx-srv01\1403553x04 6 PASSED by the District Board of City of Glendale, Arizona Community Facilities District Number One this 27th day of April, 2004. Chairperson, District Board, City of Glendale, Arizona Community Facilities District Number One ATTEST: District Clerk, City of Glendale, Arizona Community Facilities District Number One APPROVED AS TO FORM: District Counsel, City of Glendale, Arizona Community Facilities District Number One CFD_1.doc ATTACHMENT: EXHIBIT "A" -- Statements Regarding Posting Of Public Meetings * * * phx-srv01\1403553v04 7 EXHIBIT "A" STATEMENTS REGARDING POSTING OF PUBLIC MEETINGS CITY OF GLENDALE, ARIZONA COMMUNITY FACILITIES DISTRICT NUMBER ONE c/o City of Glendale, Arizona 5850 West Glendale Avenue, Suite 302 Glendale, Arizona 85301 April 7, 2004 Mr. Michael Jeanes, Clerk Board of Supervisors of Maricopa County 301 W. Jefferson Phoenix, Arizona 85003 TO: Clerk of the Board of Supervisors of Maricopa County, Arizona, and the Citizens of Maricopa County, Arizona Pursuant to A.R.S. Section 38-431.02, the District Board of City of Glendale, Arizona Community Facilities District Number One hereby states that all notices of its meetings will be posted at the official bulletin boards of the City of Glendale, Arizona, for posting notices which are located at the Bulletin Board in front of the City Council Chamber at the Glendale Municipal Office Complex, 5850 W. Glendale Avenue, Glendale Arizona 85301, which notices will be available for viewing by the public 24 hours a day. Such notices will indicate the date, time and place of the meeting and will include an agenda or information concerning the manner in which the public may obtain an agenda for the meeting. CITY OF GLENDALE, ARIZONA COMMUNITY FACILITIES DISTRICT NUMBER ONE By District Manager phx-srv01\1403553v04 A-1 CITY OF GLENDALE, ARIZONA COMMUNITY FACILITIES DISTRICT NUMBER ONE c/o City of Glendale, Arizona 5850 West Glendale Avenue, Suite 302 Glendale, Arizona 85301 April 7, 2004 Ms. Jan Brewer Secretary of State 1700 West Washington Street Phoenix, Arizona 85007 TO: The Honorable Secretary of State of the State of Arizona and the Citizens of the State of Arizona Pursuant to A.R.S. Section 38-431.02, the District Board of City of Glendale, Arizona Community Facilities District Number One hereby states that all notices of its meetings will be posted at the official bulletin boards of the City of Glendale, Arizona, for posting notices which are located at the Bulletin Board in front of the City Council Chamber at the Glendale Municipal Office Complex, 5850 W. Glendale Avenue, Glendale Arizona 85301, which notices will be available for viewing by the public 24 hours a day. Such notices will indicate the date, time and place of the meeting and will include an agenda or information concerning the manner in which the public may obtain an agenda for the meeting. CITY OF GLENDALE, ARIZONA COMMUNITY FACILITIES DISTRICT NUMBER ONE By District Manager phx-srv01\1403553x04 A-2 CITY OF GLENDALE, ARIZONA COMMUNITY FACILITIES DISTRICT NUMBER ONE c/o City of Glendale, Arizona 5850 West Glendale Avenue, Suite 302 Glendale, Arizona 85301 April 7, 2004 Ms. Pam Hanna City Clerk City of Glendale, Arizona 5850 West Glendale Avenue, Suite 302 Glendale, Arizona 85301 TO: The City Clerk of the City of Glendale, Arizona, and the Citizens of the City of Glendale, Arizona Pursuant to A.R.S. Section 38-431.02, the District Board of City of Glendale, Arizona Community Facilities District Number One hereby states that all notices of its meetings will be posted at the official bulletin boards of the City of Glendale, Arizona, for posting notices which are located at Bulletin Board in front of the City Council Chamber at the Glendale Municipal Office Complex, 5850 W. Glendale Avenue, Glendale Arizona 85301, which notices will be available for viewing by the public 24 hours a day. Such notices will indicate the date, time and place of the meeting and will include an agenda or information concerning the manner in which the public may obtain an agenda for the meeting. CITY OF GLENDALE, ARIZONA COMMUNITY FACILITIES DISTRICT NUMBER ONE By District Manager phx-srv01\1403553x04 A-3