General Information

Government Type

Local District

Entity

Arrowhead Spring Public Infrastructure District

Public Body

Arrowhead Spring PID Board of Trustees

Notice Information

Add Notice to Calendar

Notice Title

ARROWHEAD SPRINGS PID AUTHORIZING RESOLUTION FIRST AMENDMENT TO ASSESSMENT ORDINANCE

Notice Tags

Resolutions

Notice Type(s)

Notice

Event Start Date & Time

April 17, 2024 02:40 PM

Description/Agenda

ARROWHEAD SPRINGS PUBLIC INFRASTRUCTURE DISTRICT ARROWHEAD SPRINGS ASSESSMENT AREA FIRST AMENDMENT TO ASSESSMENT ORDINANCE DATED AS OF MARCH 29, 2024 AMENDING THE ASSESSMENT ORDINANCE DATED AS OF AUGUST 29, 2023 4874-7064-0304, v. 2 FIRST AMENDMENT TO ASSESSMENT ORDINANCE WHEREAS, the Board of Trustees (the 'Board') of the Arrowhead Springs Public Infrastructure District (the 'District'), adopted Resolution No. 2023-05 on August 29, 2023 (the 'Authorizing Resolution'), pursuant to which the Board authorized and approved the form of an Assessment Ordinance (the 'Assessment Ordinance') and the form of the related designation resolution (the 'Designation Resolution'); and WHEREAS, the District, pursuant to the Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the 'Act'), and pursuant to the Authorizing Resolution and the Designation Resolution, designated the Arrowhead Springs Assessment Area (the 'Assessment Area'); and WHEREAS, the final Assessment Ordinance dated as of August 29, 2023, was signed by the Board and recorded with the Utah County Recorder; and WHEREAS, the District now desires to change the timing of assessment payments (the 'Assessments') under the Assessment Ordinance from annually to semi-annually in order to conform to the final terms of the Assessment Bonds; and WHEREAS, pursuant to, and in compliance with, the provisions of Section 15 of the Assessment Ordinance, the Board desires to adopt this First Amendment to Assessment Ordinance to effectuate the amendments described herein: NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE ARROWHEAD SPRINGS PUBLIC INFRASTRUCTURE DISTRICT: Section 1. Amendment of Section 6(b) of the Assessment Ordinance. Section 6(b) of the Assessment Ordinance is hereby amended and restated to read as follows: '(b) The District will collect the Assessments by directly billing each property owner rather than inclusion on a property tax notice. The bill for each Assessment payment shall be due December 1 and June 1 of each year (approximately 30 days after sending such bills, which shall be sent on or prior to November 1 and May 1 of each year, respectively, commencing November 1, 2025, due to estimated capitalized interest). However, failure to send any such bill by the scheduled date shall not impact the requirement of property owners to timely pay their Assessments on the due date thereof.' Section 2. Owner Consent. The District hereby finds and determines that the changes made herein do not materially adversely affect the rights of the Owners under the Assessment Ordinance and that all Owners have consented to the execution of this First Amendment to Assessment Ordinance. Section 3. All Necessary Action Approved. The officials of the District are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this First Amendment to Assessment Ordinance, including the filing of a notice with the Utah County Recorder. 4874-7064-0304, v. 2 2 Section 4. Assessment Ordinance. Except as specifically amended by this First Amendment to Assessment Ordinance, the Assessment Ordinance shall remain in full force and effect without change. In the event of a challenge to this First Amendment to Assessment Ordinance, the Board may elect to collect the Assessments pursuant to the Assessment Ordinance. Section 5. Repeal of Conflicting Provisions; Amendment. All ordinances or parts thereof in conflict with this First Amendment to Assessment Ordinance are hereby repealed. The Chair (or any assigned designee of the Chair) may make any alterations, changes or additions to this First Amendment to Assessment Ordinance which may be necessary to conform the same to the final terms of the Assessment Bonds, to correct errors or omissions herein, to complete the same, to remove ambiguities herefrom, or to conform the same to other provisions of this First Amendment to Assessment Ordinance or any resolution adopted by the Board or the provisions of the laws of the State of Utah or the United States, including technical changes to the description of the boundary of the Assessment Area, so long as those changes do not change the boundaries from those depicted on the maps attached to the Designation Resolution and do not materially adversely affect the rights of the Owners without the consent of such Owners affected. Section 6. Posting of Ordinance. This First Amendment to Assessment Ordinance shall be signed by the Chair and Clerk/Secretary and shall be recorded in the ordinance book kept for that purpose. A copy of this First Amendment to Assessment Ordinance shall be posted in a public location within or near the District's boundaries that is reasonably likely to be seen by individuals who pass through or near the affected area for at least 21 days and a copy of this First Amendment to Assessment Ordinance shall also be posted on the Utah Public Notice Website (http://pmn.utah.gov) for at least 21 days. This First Amendment to Assessment Ordinance shall take effect immediately upon its passage and approval and posting as required by law. Section 7. Defined Terms. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to such terms in the Assessment Ordinance. S-1 FIRST AMENDMENT TO ASSESSMENT ORDINANCE PASSED AND APPROVED this March 29, 2024. ARROWHEAD SPRINGS PUBLIC INFRASTRUCTURE DISTRICT By: _______________________________ NOTICE OF SPECIAL MEETING TO THE MEMBERS OF THE BOARD OF TRUSTEES OF THE ARROWHEAD SPRINGS PUBLIC INFRASTRUCTURE DISTRICT: NOTICE IS HEREBY GIVEN that a special meeting of the Board of Trustees of the Arrowhead Springs Public Infrastructure District (the 'District') will be held on March 29, 2024, by electronic means for the purpose of authorizing the adoption and recording of a First Amendment to Assessment Ordinance, and related matters, and for the transaction of such other business incidental to the foregoing as may come before said meeting. Clerk/Secretary ACKNOWLEDGMENT OF NOTICE AND CONSENT TO SPECIAL MEETING We, the members of the Board of Trustees of the District, do hereby acknowledge receipt of the foregoing Notice of Special Meeting, and we hereby waive any and all irregularities, if any, in such notice and in the manner of service thereof upon us and consent and agree to the holding of such special meeting at the time and place specified in said notice, and to the transaction of any and all business which may come before said meeting. Chair Vice Chair Clerk/Secretary March 29, 2024 The Board of Trustees (the 'Board') of the Arrowhead Springs Public Infrastructure District (the 'District') met in special session (including by electronic means) on March 29, 2024, at 2:00 p.m. with the following members of the Board present: Matthew Lewis Chair Brian Bird Vice Chair Aftyn Morrison Clerk/Secretary Also present: Matt Ence General Counsel Aaron Wade Bond Counsel Absent: After the meeting had been duly called to order and after other matters not pertinent to this Resolution had been discussed, the Clerk/Secretary presented to the Board a Certificate of Compliance with Open Meeting Law with respect to this March 29, 2024, meeting, a copy of which is attached hereto as Exhibit A. Thereupon, the following resolution was introduced in written form, discussed in full, and pursuant to a motion made by Matthew Lewis and seconded by Aftyn Morrison adopted by the following vote: AYE: 3 NAY: 0 The resolution was then signed by the Chair and recorded by the Clerk/Secretary in the official records of the Arrowhead Springs Public Infrastructure District. The resolution is as follows: 4881-5980-0498, v. 2 2 RESOLUTION NO. 2024-02 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE ARROWHEAD SPRINGS PUBLIC INFRASTRUCTURE DISTRICT AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO ASSESSMENT ORDINANCE FOR THE ARROWHEAD SPRINGS ASSESSMENT AREA; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION; AND RELATED MATTERS. WHEREAS, on August 29, 2023 the Board of Trustees (the 'Board') of the Arrowhead Springs Public Infrastructure District (the 'District'), adopted a resolution (the 'Authorizing Resolution') approving forms of a Designation Resolution (as subsequently executed, the 'Designation Resolution') and an Assessment Ordinance (as subsequently executed, the 'Assessment Ordinance'), and designated an assessment area (the 'Assessment Area') known as the 'Arrowhead Springs Assessment Area' for the purpose of financing the costs of publicly owned infrastructure, facilities or systems, along with other necessary miscellaneous improvements, and to complete said improvements in a proper and workmanlike manner (collectively, the 'Improvements') in an amount not to exceed $24,510,000 (including administrative and overhead costs, costs of funding a reserve fund, capitalized interest related to the proposed bonds and paying costs of issuance in connection with the proposed bonds), pursuant to the Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the 'Act'); and WHEREAS, subsequent to the adoption of the Authorizing Resolution, the District now desires to change the timing of assessment payments (the 'Assessments') under the Assessment Ordinance from annually to semi-annually in order to conform to the final terms of the Assessment Bonds; and WHEREAS, the Board desires to authorize the execution of a First Amendment to Assessment Ordinance (the 'First Amendment to Assessment Ordinance') to amend for the timing of assessment payments under the Assessment Ordinance from annually to semi-annually; and NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Arrowhead Springs Public Infrastructure District, as follows: Section 1. The terms defined or described in the recitals hereto shall have the same meanings when used in the body of this Resolution. Section 2. All actions heretofore taken (not inconsistent with the provisions of this Resolution) by the Board and by the officers of the District directed toward the execution and delivery of the First Amendment to Assessment Ordinance are hereby ratified, approved, and confirmed. Section 3. The First Amendment to Assessment Ordinance, in substantially the form attached hereto as Exhibit B, is in all respects hereby authorized and approved, and the Chair or Vice Chair and the Clerk/Secretary are hereby authorized and directed to execute and deliver the same on behalf of the District with final terms as may be established by the Chair or Vice Chair 4881-5980-0498, v. 2 3 (the 'Designated Officer'), and with such alterations, changes or additions as may be necessary or as may be authorized by herein. Section 4. The Chair, Vice Chair and Clerk/Secretary and other appropriate officials of the District are hereby authorized and directed to record the First Amendment to Assessment Ordinance, and the Designated Officer or other appropriate officials of the District, and each of them, are hereby authorized and directed to execute and deliver for and on behalf of the District any or all additional certificates, documents and other papers and to perform all other acts they may deem necessary or appropriate in order to implement and carry out the matters authorized in this Resolution and the documents authorized and approved herein. Section 5. The Designated Officer or other appropriate officials of the District are authorized to make any alterations, changes, deletions, or additions to the First Amendment to Assessment Ordinance, or any other document herein authorized and approved which may be necessary to conform the same to the final terms of the assessment bonds to be issued by the District to finance the Improvements, to correct errors or omissions therein, to complete the same, to remove ambiguities therefrom, or to conform the same to other provisions of said instruments, to the provisions of this Resolution or any resolution adopted by the Board or the provisions of the laws of the State of Utah or the United States. The execution thereof by the Chair or Vice Chair and the Clerk/Secretary on behalf of the District of the documents approved hereby shall conclusively establish such necessity, appropriateness, and approval with respect to all such additions, modifications, deletions, and changes incorporated therein. Section 6. No party should rely on the adoption of this Resolution as an indication or approval that the District will issue assessment bonds for the financing of the Improvements. The proposed Improvements are more particularly described in the Certificate of Project Engineer attached to the Designation Resolution. The Designated Officer is hereby authorized to determine if all or some portion of the described Improvements will be financed within the Assessment Area. Section 7. It is hereby declared that all parts of this Resolution are severable, and if any section, clause, or provision of this Resolution shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, clause, or provision shall not affect the remaining sections, clauses, or provisions of this Resolution. Section 8. All resolutions, orders, and regulations or parts thereof heretofore adopted or passed which are in conflict herewith are, to the extent of such conflict, hereby repealed. This repealer shall not be construed so as to revive any resolution, order, regulation, or part thereof heretofore repealed. 4881-5980-0498, v. 2 4 PASSED AND APPROVED by the Board of Trustees of the Arrowhead Springs Public Infrastructure District, this March 29, 2024. ARROWHEAD SPRINGS PUBLIC INFRASTRUCTURE DISTRICT By: Chair ATTEST: By: Clerk/Secretary

Notice of Special Accommodations (ADA)

The District complies with the Americans with Disabilities Act by providing accommodations and auxiliary communicative aids and services for all those in need of assistance. Persons requesting these accommodations for public meetings should call Jennifer Gowans at 435-628-3688 at least 24 hours before the meeting.

Notice of Electronic or Telephone Participation

Unless otherwise noted in the posted Agenda, meetings of the Board of Trustees will be held in person. For meetings held via videoconferencing or telephonic communication Trustees and other meeting participants and attendees will be able to participate remotely. Persons requesting video conference or telephonic accommodations for public meetings should call Jennifer Gowans at 435-628-3688 to make arrangements.

Meeting Information

Meeting Location

912 W. 1600 S., SUITE B-200,
St. George, UT 84770
Show in Apple Maps Show in Google Maps

Contact Name

Michael Jensen

Contact Email

mjensen@snowjensen.com

Contact Phone

4356283688

Notice Posting Details

Notice Posted On

April 17, 2024 02:41 PM

Notice Last Edited On

April 17, 2024 02:41 PM

Subscribe by Email

Subscription options will send you alerts regarding future notices posted by this Body.