9/1/06
Americans with Disabilities
Act Notification: In
accordance with the Americans with Disabilities Act (ADA) and Section 504 of
the Rehabilitation Act of 1973 (Section 504), the Town of Cave Creek does not
discriminate on the basis of disability in the admission of or access to, or
treatment or employment in, its programs, activities, or services. For
information regarding rights and provisions of the ADA or Section 504, or to
request reasonable accommodations for participation in Town programs, activities,
or services contact the Town Clerk, 37622 N. Cave Creek Rd., Cave Creek, AZ
85331; (480) 488-1400.
NOTICE AND AGENDA
SPECIAL TOWN COUNCIL MEETING
TOWN OF CAVE CREEK, ARIZONA
TUESDAY,
SEPTEMBER 5, 2006
Notice is
hereby given that the Town Council of the Town of Cave Creek will hold an Executive Session
during its Special Session, which begins at 6:00 p.m. The Executive Session will be held to discuss
those legal matters set forth on the Executive Session Agenda set forth below,
pursuant to A.R.S. Section 38-431.03(A) (3) and (4).
CALL TO ORDER
6:00 P.M. Vincent Francia, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ.
ROLL CALL
Mayor Vincent Francia,
Vice-Mayor Dick Esser, Council
Members Kim Brennan, Ernie Bunch, Gilbert Lopez,
Thomas McGuire, and Grace Meeth
EXECUTIVE SESSION AGENDA
An Executive
Session will be held during the Regular Council Session for legal matters
pursuant to A.R.S. Section 38-431.03(A) (3) and (4) as follows:
1.
Discussion
and consultation with the Town’s attorneys to consider its position and
instruct its attorneys on the status of current litigation and discuss and
direct the Attorney regarding other aspects of the litigation:
a. Cave Creek Water
Company and related Water Issues.
Council
Action Needed: Motion to
convene into Executive Session.
The Public Meeting will begin at
7:00 p.m. following the Executive Session.
PLEDGE OF ALLEGIANCE
PUBLIC ANNOUNCEMENTS – General Announcements of interest to
members of Council and the public. There will be no discussion on any
announcements.
CALL TO THE PUBLIC
Residents/Visitors
are encouraged to comment about any matter not included on the agenda. State
Law prevents the Council from taking action on items not on the agenda, except
to set them for consideration at a future date.
Please limit your comments to three
(3) minutes.
I. GENERAL
AGENDA ITEMS
If you wish to speak to the
Council about any item included on the agenda for action, please complete a
Request to Speak form and place it in the box at the
end of the staff table. The Town Clerk
will call your name at the appropriate time.
Copies of any reports, photographs, diagrams, charts, maps, or other
materials presented to the Council must be given to the Town Clerk for
inclusion in the Official
Town Record.
PAGE# ITEM#
P. 1
1. PUBLIC
HEARING AND DISCUSSION ON RESOLUTION R 2006-19: A RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE TOWN OF CAVE CREEK, ARIZONA, FOR RATIFICATION AND
REAFFIRMATION OF THE PUBLIC HEARING PROCESS FOR
RESOLUTION NO. R2005-07; FOR RATIFICATION AND REAFFIRMATION
OF RESOLUTION NO. R2005-07 WHICH INCLUDED THE DECLARATION OF A PUBLIC
NEED AND NECESSITY AND A PUBLIC PURPOSE, THE AUTHORIZATION AND DIRECTION TO THE
TOWN MANAGER, TOWN ATTORNEY AND TOWN CLERK TO TAKE ANY AND ALL ACTION NECESSARY,
INCLUDING ANY COURT ACTION INVOLVING CONDEMNATION/EMINENT DOMAIN, TO SIGN ANY
AND ALL DOCUMENTS, AND TO PAY ANY AND ALL COSTS OR FEES IN ORDER TO ACQUIRE
REAL AND/OR PERSONAL PROPERTY OF THE ENTITIES KNOWN AS THE CAVE CREEK WATER
COMPANY AND PACER EQUITIES CO., LOCATED WITHIN AND WITHOUT THE CORPORATE LIMITS
OF THE TOWN OF CAVE CREEK, AND IDENTIFYING THE REAL AND PERSONAL PROPERTY AS A
DOMESTIC WATER COMPANY; FOR RATIFICATION OF THE FILING AND PROSECUTION OF THE
EXISTING CONDEMNATION PROCEEDINGS KNOWN AS TOWN
OF CAVE CREEK v. CAVE CREEK WATER CO., ET AL., CV2005-005882 IN THE MARICOPA COUNTY SUPERIOR COURT;
AND FOR AUTHORIZING AND DIRECTING THE TOWN MANAGER, TOWN ATTORNEY AND TOWN
CLERK TO TAKE ANY AND ALL ADDITIONAL ACTION, INCLUDING THE FILING AND PROSECUTION
OF A CONDEMNATION ACTION, IN ORDER TO ACQUIRE THE REAL AND/OR PERSONAL PROPERTY
OF THE ENTITIES KNOWN AS THE CAVE CREEK WATER COMPANY AND PACER EQUITIES CO.,
LOCATED WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF CAVE CREEK.
Placed on the agenda
by the Town Administration, Town of Cave
Creek
Public Hearing
Council
Action Needed: No action by the Town
Council will be taken at this meeting.
Narrative: This is a request for the Council to hold a public
hearing regarding the subject matter of Resolution R2006-19. This is will be a
public hearing to: 1) ratify the adoption of Resolution R2005-07 which
authorized the condemnation of the properties of the Cave Creek Water Company
and Pacer Equities Company, 2) ratify the filing and prosecution of the
existing condemnation case: Town of Cave Creek v. Cave Creek Water Co., and 3)
to authorize the Town Manager, Town Clerk and Town Attorney to take such
additional actions, including the filing and prosecution of a new condemnation
action, necessary for the acquisition of the properties of the Cave Creek Water
Company and Pacer Equities Company.
Another Public Hearing on this subject matter will be held on September
18, 2006.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of September, 2006
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk