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                                                                                                                                                5/25/07

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, MAY 29, 2007 AT 11:00 A.M.

 

CALL TO ORDER 11:00 A.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

 

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 discussing or 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.

 

REPORTS

            There are no reports scheduled for this meeting.   

 

ACTION ITEMS:

A.        CONSENT AGENDA

            There is no Consent Agenda for this meeting.

 

B.         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 hand it to the Town Clerk.  The Town Clerk will call your name at the appropriate time.  Please limit your comments to three (3) minutes. Copies of any

reports, photographs, diagrams, charts, maps, or other materials presented to the Council must also be given to the Town Clerk for inclusion in the Official Town Record.

 

 

PAGE# ITEM#

 

1.        

            1.         COUNCIL DISCUSSION AND POSSIBLE ACTION TO APPROVE                            RESOLUTION NO. R2007-12 SETTING FORTH THE OFFICIAL                                           RETURNS AND APPROVING THE OFFICIAL CANVASS OF THE                                    SPECIAL ELECTION HELD ON May 15, 2007

 

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

           

                        Public Comment

                        Council Action Needed:         Motion to approve resolution R2007-12, A                                                                                          Resolution of the Mayor and Town Council of the                                                                                 Town of Cave Creek setting forth the official returns                                                                  and approving the official canvass of the Special                                                                               Election held on May 15, 2007.

 

Narrative:  This is a request for the Council to consider and, if deemed advisable, to adopt Resolution No. R2007-12 declaring the results of the Special Election held in and for the Town of Cave Creek, Arizona on May 15, 2007.

 

            2.         COUNCIL ACTION TO INTRODUCE, DISCUSS, AMEND AND TAKE                                POSSIBLE ACTION TO APPROVE RESOLUTION R2007-13 AMENDING               THE EXISTING LOAN AGREEMENTS BETWEEN THE TOWN AND                           THE WATER INFRASTRUCTURE FINANCE AUTHORITY                              `           (WIFA) PREVIOUSLY ENTERED INTO FOR THE 1998 AND 2007                                          FINANCINGS TO AMEND THE DEFINITION OF EXCISE TAXES                           AND ADD DEFINITIONS OF WATER DEVELOPMENT FEES AND                                     SEWER DEVELOPMENT FEES AND DECLARING AN EMERGENCY.

 

                        Placed on the agenda by the Town’s Attorneys, Town of Cave Creek

 

                        Public Comment

                        Council Action Needed:         Motion to adopt Resolution R-2007-13 amending the                                                               existing loan  agreements between the Town and the                                                                  Water   Infrastructure Finance Authority (WIFA)                                                                                   previously entered into for the 1998 and 2007                                                                               financings to amend the definition of excise                                                                                       taxes and add definitions of water development fees                                                                  and sewer development fees and declaring an                                                                            emergency

 

 

 

 

PAGE# ITEM#

 

Narrative: This is a request for the Town Council to adopt Resolution R2007-13 amending the existing loan agreements between the Town and the Water Infrastructure Finance Authority of  Arizona to amend the definition of excise taxes and add definitions of water development fees and sewer development fees  and declaring an emergency.

 

3.         COUNCIL ACTION TO CONSIDER RESOLUTION 2007-14, A RESOLUTION OF THE COUNCIL OF THE TOWN OF CAVE CREEK, MARICOPA COUNTY,                 ARIZONA, AUTHORIZING THE REFUNDING AND PAYMENT OF THE               TOWN'S OUTSTANDING VARIABLE RATE CREDIT AGREEMENT BONDS,                  SERIES 2007; APPROVING THE DRAFT AND AUTHORIZING THE             COMPLETION, EXECUTION AND DELIVERY OF A LOAN AGREEMENT                        BETWEEN THE TOWN OF CAVE CREEK, ARIZONA, AND THE WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA EVIDENCING A          LOAN FROM THE SAID AUTHORITY TO THE TOWN IN AN AMOUNT NOT          TO EXCEED $20,100,000; TO REFUND AND RETIRE $17,565,877 OF                                  VARIABLE RATE CREDIT AGREEMENT BONDS AND TO REIMBURSE                        THE TOWN FOR ITS DOWN PAYMENT OF $2,054,488 TO PURCHASE                              THE CAVE CREEK WATER COMPANY AND TO PAY, OR TO                                              REIMBURSE THE TOWN FOR PRIOR PAYMENTS, FOR                                                      ENGINEERING, LEGAL AND FINANCIAL EXPENSES RELATING TO                              THE PURCHASE OF THE CAVE CREEK WATER COMPANY AND THE              LOAN AGREEMENT; AUTHORIZING AND DIRECTING THE MAYOR `                   AND THE TOWN CLERK TO COMPLETE, EXECUTE, ATTEST AND                           DELIVER SUCH LOAN AGREEMENT; PLEDGING EXCISE TAX                            REVENUES TO THE PAYMENT OF THE LOAN; AUTHORIZING THE                                EXECUTION AND DELIVERY OF ALL DOCUMENTS RELATING TO                                SUCH LOAN; RATIFYING ALL ACTIONS HERETOFORE TAKEN WITH              RESPECT TO THE LOAN AND DECLARING AN EMERGENCY.

 

                        Placed on the Agenda by the Town’s Attorneys, Town of Cave Creek

 

                        Public Comment

                        Council Action Needed:         Motion to adopt Resolution R2007-14                                                                                      authorizing the refunding and payment of the town's                                                                   outstanding variable rate credit agreement bonds,                                                                                  series 2007; approving the draft and authorizing the                                                                           completion, execution and delivery of a loan                                                                                   agreement between the Town of Cave Creek,                                                                           Arizona, and the Water Infrastructure Finance                                                                           Authority of Arizona evidencing a loan from the said                                                                  Authority to the Town in an amount not to exceed                                                                            $20,100,000; to refund and retire $17,565,877 of                                                                                    variable rate credit agreement bonds and to reimburse                                                                     the Town for its down payment of $2,054,488 to                                                                                  purchase the Cave Creek Water Company and to pay,                                                                         or to reimburse the Town for prior payments, for                                                                                   engineering, legal and financial expenses relating to                                                                     the purchase of the Cave Creek Water Company and                                                                     the loan agreement; authorizing and directing the                                                                                Mayor and the Town Clerk to complete, execute,                                                                                 attest and deliver such loan agreement; pledging                                                                                     excise tax revenues to the payment of the loan;                                                                          authorizing the execution and delivery of all                                                                                            documents relating to such loan; ratifying all actions                                                                         heretofore taken with respect to the loan and                                                                                   declaring an emergency.

 

Narrative:  This is a request for the Town Council to approve Resolution R2007-14 authorizing the refunding and payment of the Town’s outstanding variable rate credit agreement bonds and authorizing the completion, execution and delivery of a loan agreement between the Town and WIFA.

 

SUMMARY OF CURRENT EVENTS BY MAYOR

ADJOURNMENT

 

POSTED THIS  _________ day of MAY, 2007

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk