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ARF- 3514

Regular Agenda Item 2. R.

Regular BOS Meeting-Revised

Meeting Date:	12/15/2015
Submitted For:	Eric Mariscal	Submitted By:	Cate Gore, Elections Assistant
Department:	Elections

Information

Request/Subject

Adoption of Resolution No. 15-12-03 regarding the Solitude Trails Domestic Water Improvement District.

Background Information

The Gila County Elections Department recently received resignation letters from two members of the Solitude Trails Domestic Water Improvement District (STDWID) governing board. Mark J. Fumusa and Mark Peschman tendered their resignations on November 14, 2015. A copy of the board members' resignation letters are attached to this item. The resignations of two of the three STDWID Board members leaves the STDWID without a quorum and thus unable to conduct business.

Evaluation

A.R.S. 48-1016 provides the Board of Supervisors with the statutory authority to take action with regard of the STDWID.

Conclusion

A.R.S. §48-1016 authorizes that the Board of Supervisors "may at any time revoke the authority of an elected board of directors in order to protect the residents of the district."

A.R.S. §48-1016 and §48-908 gives the Board of Supervisors authority to revoke the power of the STDWID governing board and to govern the STDWID as its Board of Directors.

A.R.S. §48-1016 also gives the Board of Supervisors acting as the STDWID Board of Directors authority to call for a new election for the STDWID Board of Directors.

Recommendation

It is recommended that the Board of Supervisors adopt Resolution No. 15-12-03.

Suggested Motion

Information/Discussion/Action to adopt Resolution No. 15-12-03 accepting the resignations of two (2) governing Board Members of the Solitude Trails Domestic Water Improvement District (STDWID); revoking the authority of the STDWID; naming the Gila County Board of Supervisors as the Board of Directors for the STDWID; and reserving the authority to call for new election of the STDWID. (Eric Mariscal)

Attachments
Resolution No. 15-12-03
Mark Fumusa - Resignation Letter
Mark Peschman - Resignation Letter
Arizona Revised Statute 48-1016
Arizona Revised Statute 48-908