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9/11/06

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 12, 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 (7).

 

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 Special Council Session for legal matters pursuant to A.R.S. Section 38-431.03(A) (3) and (7) as follows:

                                   

1.      Discussion and consultation with the Town’s Attorneys for legal advice and discuss and consult with designated representatives of the public body in order to consider its position and instruct its attorneys and representatives regarding negotiations for the purchase of the assets, including real and personal property, or stock of the Desert Hills Water Company.

 

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#

 

1.         INTRODUCE, DISCUSS, AMEND AS DESIRED, AND ACT ON RESOLUTION R2006-23 AUTHORIZING THE TOWN OF CAVE CREEK TO PURCHASE ALL OF THE ASSETS, INCLUDING REAL AND PERSONAL PROPERTY, AND/OR ALL OF THE STOCK OF THE DESERT HILLS WATER COMPANY INC. FOR A PRICE NOT TO EXCEED $2,500,000, AND DECLARING AN EMERGENCY.

 

Placed on the agenda by the Mayor, Town of Cave Creek

           

Public Comment

Council Action Needed:        Motion to adopt Resolution R2006-23, a Resolution authorizing the Town of Cave Creek to purchase all of the assets, including real and personal property, and/or all of the stock of the Desert Hills Water Company Inc. for a price not to exceed $2,500,000, and declaring an emergency.

 

 

Narrative:  This is a request for the Council to approve a resolution authorizing the Town of Cave Creek to purchase all of the assets, including real and personal property, and/ or stock of the Desert Hills Water Company Inc. for a price not to exceed $2,500,000 and declaring an emergency.

 

2.         DISCUSSION AND POSSIBLE APPROVAL FOR THE MAYOR, TOWN ATTORNEY AND TOWN CLERK TO ENTER INTO A STOCK PURCHASE AGREEMENT BY AND AMONG THE TOWN OF CAVE CREEK, MARY L. RIPPLINGER, INDIVIDUALLY AND AS A TRUSTEE OF THE TRUST DATED JANUARY 22, 1998, MARY BETH ROWLAND, WIFE OF LARRY ROWLAND IN HER SOLE AND SEPARATE RIGHT, AND MELANIE COAHRAN, WIFE OF WILLIAM COAHRAN IN HER SOLE AND SEPARATE RIGHT (THE SHAREHOLDERS) OF THE DESERT HILLS WATER COMPANY.

 

Placed on the agenda by the Mayor, Town of Cave Creek

 

Public Comment

Council Action Needed:        Motion to enter into a Stock Purchase Agreement by and among the Town of Cave Creek, Mary L. Ripplinger, individually and as a Trustee of the Trust date January 22, 1998, Mary Beth Rowland, wife of Larry Rowland in her sole and separate right, and Melanie Coahran, wife of William Coahran in her sole and separate right (The Shareholders) of the Desert Hills Water Company for an amount not to exceed $2,500,000.

 

 

Narrative:  This is a request for the Council to enter into a Stock Purchase Agreement by and among the Town of Cave Creek, Mary L. Ripplinger, individually and as a Trustee of the Trust date January 22, 1998, Mary Beth Rowland, wife of Larry Rowland in her sole and separate right, and Melanie Coahran, wife of William Coahran in her sole and separate right (The Shareholders) of the Desert Hills Water Company for an amount not to exceed $2,500,000.

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS  11th day of  September, 2006

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk