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Amendment ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
By virtue of their foreign residency, Canadian citizens possess a host of specific strategies and defenses uniquely suited to the challenges posed by claims and litigation before American courts. (7)
ARIZONA INDUSTRIAL DEVELOPMENT AUTHORITYThrough the Arizona Industrial Development Authority (AZIDA), private borrowers can reduce their financing costs through the issuance of tax-exempt bonds.Nationally, private activity bonds (PABs) are issued by industrial development authorities for the benefit of private users. Repayment of the bonds is an obligation of the private user, not of the issuing authority. The proceeds of these bonds are used for industrial and other private purposes and the interest on the bonds may be exempt from federal income tax (IRC Sec. 103). In Arizona, the interest on the bonds is also exempt from state income tax.The AZIDA issues both taxable and tax-exempt bonds for commercial activities using a streamlined process at competitive rates. (1)
(b) Public Nature of Application Process. The Authority is a nonprofit corporation designated a political subdivision of the State of Arizona. The Authority’s meetings are generally required to be open to the public. The instruments, documents, files, and records of the Applicant (and any guarantor) filed with the Authority, directly or through the Authority’s Counsel, will be available for inspection by the public. The Applicant, by submitting the Application, agrees that any information delivered to the Authority by or on behalf of the Applicant is not privileged and may be disclosed to the public. By submitting the Application to the Authority, the Applicant is expected to have disclosed any and all matters material to the proposed financing as of the date of the Application. (2)
SECTION 7 – COMPENSATIONB. TOWN and VDC agree to equally share the financial responsibility of this Consulting Agreement. CCP shall invoice TOWN and VDC monthly, each for one half of the amount due based on the Exhibit "D" tasks completed and TOWN and VDC hereby agree to pay monthly based on the completed tasks. TOWN and VDC will equally share the monthly financial responsibility of this agreement as set forth in Exhibit "D." TOWN and VDC agree to make payment to CCP within fifteen (15) calendar days of the receipt of the invoice from CCP. CCP may cease the provision of any Pre-Development Activities until such time as a requested payment is made and delivered.
“The selection committee was particularly impressed with his interpersonal skills and his ongoing commitment to staff development” said Deputy Superintendent Kurt Sacher. “Lane brings a natural appreciation for rural education and will be a tremendous addition to the proud staff of Bentley School.”Moore holds a Bachelor of Education with a major in Physical Education from the University of Calgary and a Bachelor of Physical Education with a major in Coaching from the University of Alberta. Moore is currently the Chair of the Wolf Creek Administrator’s Association and plans to complete his Master of Education degree this summer with City University. Moore began his teaching career in 1996 at Lord Beaverbrook High School with the Calgary Board of Education where he taught Physical Education to Grade 10, 11 and 12 students. (2)
Bentley School is located in the beautiful Blindman Valley in Central Alberta. We are located about 20 km west of Lacombe, and serves approximately 373 students and their families in grades K to 12 and another 51 students in our Bright Futures Play Academy. For the 2016-2017 school year, we have 18.35 FTE teaching staff and about 11.1 FTE support staff. (3)
Impact of May to June 2016 Fires and June 2013 Flood in AlbertaParticipation in Provincial Achievement Tests was impacted by the flooding in June 2013 (Grade 9 only) and by the fires in May to June 2016. Caution should be used when interpreting trends over time for the province and those school authorities affected by these events.Participation in Diploma Examinations was impacted by the flooding in June 2013 and by the fires in May to June 2016. Caution should be used when interpreting trends over time for the province and those school authorities affected by these events. (4)
VARXITY DEVELOPMENT CORP. was established on 11-Sep-2014 as a Non-distributing corporation with 50 or fewer shareholders company type and registered at 1300-10020 101A AVENUE EDMONTON AB T5J 3G2 Canada. Its Corporation No. is 9016341 and annual filing period is 09-11 to 11-10. VARXITY DEVELOPMENT CORP. is: Active. Varxity Development Corp. has been running for 3 years 3 months, and 19 days since its incorporation. (7)
Providing courses of instruction and athletic training at the junior high school and senior high school levels; organizing and providing junior high school and senior high school sporting events; providing college preparation academy services ( 8 )
In United States v. Quintero-Lopez, two men were charged with locating eight straw purchasers for homes and helping the straw purchasers falsify pay history documents in order to obtain $8.3 million in mortgage loans. The government alleged these loan purchases were illegal because the straw purchasers inflated their incomes as part of an attempt to defraud the lenders. In 2011, one of the two straw purchaser recruiters was sentenced to six years in prison and the other was sentenced to one year of probation. Straw or nominee purchases of mortgage loans are legal when intent to defraud is not present. (9)
This works out to $50 in per-capita revenue. Now, that’s not an outlandish sum — but it’s a chunk of change. (1)
COMMON COUNCIL OF THE TOWN OF PAYSON DECEMBER 14, 2017Time Stamps: 30:39 – 36:26Mr. Garrett: Mr. Mayor and members of the council, I just wanted to give an update on where we are at with the activities center and Community Center Partners as our consultant. Uh we have had several meetings recently, uh two focus groups, one with some younger business leaders and some with some more experienced members of our community. Uh we are going to have another focus group on January 8th. On January 2nd we’ve got a meeting of the design team to go through everything that has been updated on the plans and hopefully at that point then we will have something that we could put out to the public to let them look at uh (inaudible) shortly after that if we need to make any changes so the public can see it before the public meeting on the 17th which will be held at the Nazarene Church on Tyler Parkway on January 17th at 5:30 PM. And we want to invite all the public to come to that, so hopefully we get that information out and we will also if all goes well we will be out in the community prior to that meeting so that we can get everybody a chance to look at that upfront.Mayor: Where are we going to be we are going to try and be at the three grocery stores?Mr. Garrett: We are going to try and be at the three grocery stores at Safeway, Basha’s and Wal-Mart at different times uh with a staff member there to help explain uh and any questions that somebody might have.Mayor: Any council have any questions?Mr. Figueroa: Mr. Mayor?Mayor: Yes HectorMr. Figueroa: This process not with the Community Center but the private school has been ongoing and I heard tonight a comment we don’t respond to to questions but in light of the fact that misinformation is out there I think it is our duty to correct. There this Canadian outfit was not in contact with Mayor and council prior to the sales tax. Other / Unidentified: Uh huhMr. Figueroa: Uh there is a town wide city wide uh assessment that was done many years ago and it was re-updated that number one priority was a community center. We had an uh event at Town Hall at the Nazarene Church which 200 people appeared and a lot of you appeared and it was for the purpose of trying to get some guidance from the community to Mayor and council uh how to go. There was no decisions made there and to so today there is no decision made as of today. Simply because the firm that was hired was paid for half by the private enterprise and half by the town it uh eh the responsibility. It is a feasibility study it is not called that it is a planning document that will be presented to Mayor and council and to the public uh the final uh document. So if you say that you know it’s just going to be at certain hours and certain people can use it and stuff, all of that is speculation. Whether the property is uh being uh purchased right now behind the Wal-Mart, and there’s going to be the town either the officials nor the citizens can interfere with private enterprise. Private enterprise is going to set whatever school wherever they're going to put the facilities what we do have control of is what facilities go on public lands. And all of that will come forth um because the newspaper they have a duty to cover Mr. Garrett speaking at the Republican Party and if he had provided, excuse me Other / Unidentified: tea partyMr. Figueroa: The tea party, if he provides certain information it’s information that is not a hundred percent every detail that could be given and for anybody to think that this town this Mayor or this town administration and my office the legal department is going to do something that’s behind the scenes that’s not ethical that is not forthright you’re mistaken. And I have an open door policy if you ever want to come and talk to me about a legal issue and question something feel free to do it. But it upsets me that we have thousands of people in our community listening on Channel 4 uh getting misinformation that they think they received through some source. The source is right here. And you know Mr. Mayor I don’t seldom I seldom get out here and um speak my mind this way, but I think that at the end of this year we need to as one of the speaker’s said in our prayer we need to work with each other, we need to trust each other, look into each other’s eyes and and see are we one and the same. Are we working on the same goal for this community and if we’re not call us out but don’t call us out with information that you don’t have a hundred percent grasp of and a lot of you know me a lot of you deal with me on a daily basis, I’m a straight up person and if you have something that you would like to speak with me about, please by all means come to my office. Thank you Mr. Mayor. Other / Unidentified: Ron anything else? Mr. Garrett: Nah I think that covers it.
COMMON COUNCIL OF THE TOWN OF PAYSON SEPTEMBER 21, 2017Time Stamps: 47:25 – 52:40Mr. Figueroa: One thing, one thing I can say, and uh some of you have worked longer with me than than others ‘cause you just got elected at the last election, but I can tell you one thing, I have been doing this for 20 years, I’ve worked for three cities, I’ve worked for several fire districts, some school districts (inaudible) let me tell ya I’ve dealt with contracts and one of the things that you’ve seen in the two and a half years that I’ve been here I’m not a person that’s gonna put the town in a situation where given it be financially responsible for something that because the contract was not done properly. You’ve seen some of the contract uh uh items that were included, they were included because of Ron and I worked to make sure that we got those some are required statute and some are not. Sometimes you’ve seen me and heard me say you buy something like the lighting I think at the ball park and they wanted us that if there was a legal dispute we had to go to Minnesota or something to be arbitrated. No sir that’s not, this particular case if they wanted uh they had a paragraph or a term of the contract to settle disputes in Maricopa County I said no sir it’s going to be in Gila County. So what I’m saying to you is I haven’t led you wrong in the past and but there are some things that as a lawyer, I’m not a criminal lawyer anymore but it’s like telling the client to plead the fifth because you don’t want to put all of these terms and all of these details out why? Because if something goes awry then you’re going to have to explain that. That’s why I was real careful in saying to you tonight that we couldn’t tell you all the details because we don’t know them and that’s why we’re hiring these people to be able to come up with design and you know cost estimates and uh you know details as to what would be the best, not only at Rumsey Park but also with uh our partners that are going to be involved. Uh the Mayor mentioned the partners, the partners involved uh are going to be individuals they may be corporations it may be non-profits uh what they do is that they buy into the whole concept and then that’s uh where some of the money is going to come for development. Honestly somebody that’s coming from Canada wants to put in an elite academy they’re not expecting us to give them tax payer money to to build a school, quite the opposite, they’re looking like are we going to have water, are we going to have a street, you know things that are already planned, masterplanned. I can tell you that I did the resolution gives you a good historical perspective of how we got here. I didn’t know that the original plan that was done the masterplan was signed by Craig Swartwood in 1993. I put that in here, I didn’t know that the original you know uh Parks and Rec uh masterplan identified, Sheila put it up, uh identified the Rumsey Park Development as number 1. You and I and a lot of community members participated in a Town Hall you heard what the members of the public indicated you heard parents and little kids come up here and tell you about the pool (inaudible). You’re not reinventing something you’re not coming out because you got up in the morning on the wrong side of bed and said well this is what we’re going to do to uh fulfill my wishes those are not your wishes they’re not my wishes they’re the people’s wishes and there was a process where the general plan was required by statute went through planning and zoning approved by you all and then you directed your town clerk to put it out for a vote. The town voted to pass the masterplan. Other / Unidentified: MM hmmMr. Figueroa: So, what I’m trying to tell you is I don’t ever like to tell my clients uh trust me. I tell my client judge me for the work that I’ve done. Judge me for eh the legal advice I give you. That is the way this is going to go down. So, uh any questions that you have my my office I have an open door policy, feel free to come over and I we’ll discuss the legal issuesOther / Unidentified: Do you have another question?
A "Tri-Party" contract with a face value of $250,000.00 and additional considerations. Assuming the future considerations have a value of greater than $0.01, even as a "future," still under the contract, an apparent clear violation of the Town procurement policy. There is no apparent way to designate "Varxity" as a "Registered Professional" for the work around on the value. (If the "future consideration(s)" have no value, they would not be in the contract. Clearly there is a value there.) A contract with a foreign entity that may be a jurisdictional nightmare. (To the extent this is an ongoing “partnership” why not require an Arizona entity to forgo that headache?)A contract with dubious / non-concise wording on financial obligations. (“(S)hare the financial responsibility of this Consulting Agreement.” Why not modify that one sentence for clarity and to provide clear intent?) A contract that includes significant future / potential financial concession, with a party to the contract, (see above) that has an apparent value in excess of $250,000.00, in possible violation of procurement policy? These concessions include “but are not limited to:”• Preferred Shared Use Agreements. • No Bid designation of “Manager” of public facilities. (By extension a Concessionaire Contract with a one year projected gross value, via CCP, of $600,000.00 to $700,000.00 dollars.)• Committed the town to future spending via “Cooperative Marketing”• Committed town resources, including future labor costs, including Town code specified fees, and various improvements to existing infrastructure, with a currently undetermined value, to Varxity. • A waiver of Town Code (See Above)• Designated Legal Counsel for the project. • Delegated oversight of Town monies / designation of subcontractor(s) to a third party – CCPAllowed the Town, and via extension your office, to honor an invoice of CCP for services prior to the creation of that entity. (CCP was incorporated on 07/27/17 (3) the invoice includes dates of 06/20/17 to 09/21/17. How does a non-existent entity complete and invoice for work? Has the Town asked for a refund for any work prior to 07/27/17? )
COMMON COUNCIL OF THE TOWN OF PAYSON DECEMBER 14, 2017Time Stamps: 38:12 – 38:55Female Other / Unidentified: A public meeting that’s coming up you said January 17th?Other / Unidentified: YesFemale Other / Unidentified: And it’s not RSVP like the other one was, it’s open Other / Unidentified: It’s open the more the better.Mayor: And we’ll come up with dates or grocery stores and that’s going to be informal and that’ll have the three options and it will be a Q&A for individuals. And if anybody, we did a live Facebook, if anyone can think of different ways that we can be more transparent love to hear about em. We are looking for ideas. Barb?