Cave Creek citizens: We still have time to make sweet lemonade from the sour lemons our mayor and town council members have handed us.
The Revitalization Districts statute is so poorly written that it has been very difficult to identify the location of those rights which are inherent in all statutes. The right to Due Process is one of those rights inherent in all statutes. The procedure affording Due Process in the Revitalization Districts matter is contained in the A.R.S. 48-6803 Notice provision of the Revitalization Districts statute and identifies the Due Process violation committed by our mayor and town council members in their rush to approve Resolution No. 2015-13.
The approval of a Revitalization District requires two steps: (1) notice of the council’s intent to form a district and (2) notice of the council’s intent to approve the forming of a Revitalization District. To comply with Due Process, the notice of intent to form a district must be published as a legal notice at least six months before the council’s hearing on approval for forming a Revitalization District. In this instance, the notice of the council’s intent to form a district and the council’s approval for forming a Revitalization District was combined into one document for one town council meeting conducted on April 20, 2015.
As per the statute, notice of the intent to form a district must be given to all persons claiming to have an interest in the property contained in the Revitalization District and, again, this notice must be published at least six months prior to the council’s hearing on approval for forming a Revitalization District. Every Cave Creek citizen can claim to have the requisite “interest in the property” by virtue of the fact that 300± acres of open space land and trails in the proposed Revitalization District property was previously gifted to the town by Mark Stapp. In fact, this was stated by Mark Stapp at the town council meeting.
What the town owns, its citizens own, and therefore its citizens possess the requisite “interest in the property” invoking the Due Process protection that requires six months’ notice of the council’s intent to form a district be given before the council’s approval for forming a Revitalization District.
Today, and based on the council’s violation(s) of Due Process as identified above, I will be submitting to our mayor and town council members a request for reconsideration and immediate revocation of their approval of Resolution No. 2015-13. I urge every citizen to make the same request by either forwarding a copy of this email to our mayor and town council members or by creating your own request. Here is the contact information for the mayor and town council members: [email protected]; SL[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
This town already spends too much money on legal fees. It would be reprehensible for our mayor and town council to refuse a request for reconsideration and revocation of Resolution No. 2015-13 and force Cave Creek citizens to sue residents in our own town over a matter which can be cured with their reconsideration and revocation of Resolution No. 2015-13.
Your attendance at the informal meeting on Tuesday, April 28, 2015 at 7 pm is more important than ever. Demand Due Process to save our town.
Janelle Smith-Haff
Saturday, April 25, 2015
www.cavecreektownhallblog.com
[email protected]
The Revitalization Districts statute is so poorly written that it has been very difficult to identify the location of those rights which are inherent in all statutes. The right to Due Process is one of those rights inherent in all statutes. The procedure affording Due Process in the Revitalization Districts matter is contained in the A.R.S. 48-6803 Notice provision of the Revitalization Districts statute and identifies the Due Process violation committed by our mayor and town council members in their rush to approve Resolution No. 2015-13.
The approval of a Revitalization District requires two steps: (1) notice of the council’s intent to form a district and (2) notice of the council’s intent to approve the forming of a Revitalization District. To comply with Due Process, the notice of intent to form a district must be published as a legal notice at least six months before the council’s hearing on approval for forming a Revitalization District. In this instance, the notice of the council’s intent to form a district and the council’s approval for forming a Revitalization District was combined into one document for one town council meeting conducted on April 20, 2015.
As per the statute, notice of the intent to form a district must be given to all persons claiming to have an interest in the property contained in the Revitalization District and, again, this notice must be published at least six months prior to the council’s hearing on approval for forming a Revitalization District. Every Cave Creek citizen can claim to have the requisite “interest in the property” by virtue of the fact that 300± acres of open space land and trails in the proposed Revitalization District property was previously gifted to the town by Mark Stapp. In fact, this was stated by Mark Stapp at the town council meeting.
What the town owns, its citizens own, and therefore its citizens possess the requisite “interest in the property” invoking the Due Process protection that requires six months’ notice of the council’s intent to form a district be given before the council’s approval for forming a Revitalization District.
Today, and based on the council’s violation(s) of Due Process as identified above, I will be submitting to our mayor and town council members a request for reconsideration and immediate revocation of their approval of Resolution No. 2015-13. I urge every citizen to make the same request by either forwarding a copy of this email to our mayor and town council members or by creating your own request. Here is the contact information for the mayor and town council members: [email protected]; SL[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
This town already spends too much money on legal fees. It would be reprehensible for our mayor and town council to refuse a request for reconsideration and revocation of Resolution No. 2015-13 and force Cave Creek citizens to sue residents in our own town over a matter which can be cured with their reconsideration and revocation of Resolution No. 2015-13.
Your attendance at the informal meeting on Tuesday, April 28, 2015 at 7 pm is more important than ever. Demand Due Process to save our town.
Janelle Smith-Haff
Saturday, April 25, 2015
www.cavecreektownhallblog.com
[email protected]
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