New Resolution Requested

Local attorney Chris Enos drafted a resolution supporting the 1820 Fountain Hills residents who signed petitions for a referendum concerning an ultra high density urban dwelling development in town. On Monday March 11, 2024 I asked Mayor Ginny Dickey to add this resolution to the next meeting agenda. 




Upon motion, a majority of the members of Town Council of the Town of Fountain Hills, Arizona (the “Town”) find as follows:


WHEREAS, the Town of Fountain Hills is a municipal corporation duly organized under the laws of the State of Arizona; and


WHEREAS,  the Mayor and Town Council of the Town on January 17, 2024 the Fountain Hills Town Council adopted Ordinance 2024-01 ("the Ordinance”) that encompassed rezoning of a 6.7 acre site; and


WHEREAS, On February 16, 2024, there were submitted 153 petition sheets bearing 1,820 signatures for 2024-01 requesting that the consideration of the said Ordinance be submitted to a vote of the qualified electors of the Town; and


WHEREAS, the Town Clerk thereafter deemed that no petition signatures were eligible for verification because the petition sheets did not bear the correct petition serial number on the back of each sheet; and,


WHEREAS, a Verified Complaint for Special Action was thereafter filed in the Superior Court of Arizona, Maricopa County (CV 2024-004218) seeking an Order requiring, among other things, that the Fountain Hills Town Clerk transmit the required 5% random sample to the Maricopa County Recorder for verification; and


WHEREAS, the matter is one of significant importance and it is the apparent desire of a substantial number of residents of the Town that the matter be submitted to a referendum; and,


WHEREAS, it is furtherance of the objectives of good government that the will of the citizens  to participate by referendum not be frustrated due to what may have been  an inadvertent clerical error;


NOW, THEREFORE, this motion having duly come on to be heard by the Town Council, and after due deliberation, it is hereby


RESOLVED, that, the Town Attorney of the Town is directed to not oppose the application for relief as is pending in the Superior Court of Arizona, Maricopa County (CV 2024-004218), and to properly communicate such non-opposition to the court.


Dated: The  ____ day of ____________, 2024.



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