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HomeMy WebLinkAbout2023 03.20 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Monday, March 20,2023 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 23-139 Presentation and discussion on Urban Night Sky Place application status. Sponsors. Kelsey Schattnik Attachments: 3.20.23: Dark Sky-CC Memo 2. 23-125 Presentation and discussion on entering into an agreement with Gruber Technical, Inc. dba Gruber Power Services for design and installation of solar panels at the city library not to exceed $76,595.29. Sponsors: Heather Hodgman Attachments: City Council Memo-Gruber Technical Gruber Technical Agreement 3. 23-127 Presentation and discussion on Resolution No. 23-06, Intent to Form Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1 A. Sponsors: Emile Schmid Attachments: Council Memo-2023-03-20 SLID 2023-SV-1A-1 Petition-SLID 2023-SV-1A-1 Resolution 23-06 SLID Formation 2023-SV-1A-1 4. 23-142 Presentation and discussion on Resolution No. 23-07, Ordering the Installation of Streetlights for Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. Sponsors: Emile Schmid Attachments: Council Memo-2023-03-20 SLID 2023-SV-1A-1 Resolution 23-07 Ordering Street Lights within SLID 2023-SV-1, City of Apache Junction,Arizona Page 1 Printed on 3/16/2023 City Council Work Session Agenda March 20,2023 5. 23-143 Presentation and discussion on Resolution No. 23-08, Adopting the Budget for Fiscal Year 2023-2024 for Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. Sponsors: Emile Schmid Attachments: Council Memo-2023-03-20 SLID 2023-SV-1A-1 Resolution 23-08 SLID Budget 2023-SV-1A-1 6. 23-147 Presentation and discussion on Ordinance No. 1534, an ordinance of the mayor and city council of the City of Apache Junction amending Apache Junction City Code, Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-9: Public Art Commission, by repealing and replacing in its entirety Section 2-9-2, Membership and Terms of Office; providing for severability and repealing any conflicting provisions. Sponsors: Joel Stern Attachments: Art Commission Code Memo Ordinance 1534 Chapter 2 Art Commission DRAFT Ordinance 1534 Chapter 2 Art Commission FINAL D. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 2 Printed on 3/16/2023 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. '+PizoN* File ID: 23-139 Sponsor: Kelsey Schattnik Agenda Date: 3/20/2023 Index: In Control: City Council Work Session Presentation and discussion on Urban Night Sky Place application status. City of Apache Junction,Arizona Page 1 Printed on 3/16/2023 O� PQACHF✓G'L Cf �y z City of Apache Junction Development Services Department �R/ZOVI Date: March 8, 2023 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director From: Kelsey Schattnik, Senior Planner Subject: March 20, 2023, City Council Work Session Item: Urban Night Sky Place ("UNSP") Status Update Background On September 20, 2022, Staff provided City Council with an update regarding the City' s dark sky initiatives . Through Staff' s research, it was determined that the best certification to pursue at this time is Urban Night Sky Place ("UNSP") . Current Status Since September 2022, Staff has decided to focus our efforts on the City Hall Complex. As we work to build the application for City Hall Complex, Staff has completed the following items : - Performed a light inventory of City Hall Complex - Drafted a Light Management Plan/Public Access Policy. - Drafted an informational handout. - Held at least one (1) dark sky educational event. As we move forward in the process, Staff is currently working to complete the following items : - Drafting a Resolution in support of dark sky efforts . - Scheduling time to take all required panoramic nighttime photos. - Gathering letters of support. - Continuing to research and schedule additional dark sky educational events . Submittal Goal Staff is working to make a 1st Submittal by May 2023 . International Dark-Sky Association - Urban Night Sky Place Application City Council Work Session - March 20, 2023 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard _+ Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. Piz File ID: 23-125 Sponsor: Heather Hodgman Agenda Date: 3/20/2023 Index: In Control: City Council Work Session Presentation and discussion on entering into an agreement with Gruber Technical, Inc. dba Gruber Power Services for design and installation of solar panels at the city library not to exceed $76,595.29. City of Apache Junction,Arizona Page 1 Printed on 3/16/2023 �PQpCNF✓ ti Public Works Department J�G�U Z Home of the Superstition Mountains gHIZON Date: March 1, 2023 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: Gruber Technical Inc., dba Gruber Power Services The city is working on the design and installation of solar panels for the library. The panels are 40" wide by 68" long. The city hired a structural engineer to assess the weight of the panels to ensure that the roof was feasible to hold the load. The purpose of the solar panels is to supply backup power to the IT room at the library. Staff respectfully requests entering into an agreement with Gruber Technical Inc., dba Gruber Power Services not to exceed $76,595.29. The city will be utilizing the State of Arizona cooperative contract# CTR063425. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 CONSTRUCTION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GRUBER TECHNICAL INC. DBA GRUBER POWER SERVICES FOR PROJECT PWB# 23-08 SOLAR POWER INSTALLATION AT THE LIBRARY THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and GRUBER TECHNICAL INC., DBA GRUBER POWER SERVICES, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the services and infrastructure (the "Work") called for in the cooperative State of Arizona Contract #CTR063425 Gruber Technical Inc., dba Gruber Power Services, Exhibit A estimate (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code Vol. 1, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work, in accordance and as more fully described in Exhibit A. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed Seventy Six Thousand Five Hundred Ninety Five Dollars and Twenty Nine Cents ($76,595.29) (the "Contract Sum") for the performance of the Work under the Contract Documents except for changes authorized by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations. If any subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorney fees. 3. CONTRACT TERM: The Term of this Agreement is April 1, 2023 to June 30, 2023. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time 2 before final acceptance. Within one (1) year from the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 3 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting 4 therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. 5 The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liabilijy Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. 6 If required by this Agreement, if Contractor sublets any part of the Work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. 7 In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A change 8 order signed by Contractor indicates his agreement therewith. City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. All change order disagreements of the Contractor shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs. Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the Contractor and city staff representative. The City Manager's decision shall be final and binding. 17. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other Parties within a reasonable time after the first observance of such injury or damages. 20. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 9 21 . SAFETY_: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. TERMINATION BY CITY: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall 10 provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 27. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially 11 the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any 12 Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended,the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF the Parties hereto have caused this Agreement be signed b their duly authorized representative as of this day of , 20 CONTRACTOR: GRUBER TECHNICAL INC., DBA GRUBER POWER SERVICES, an Arizona corporation By: Its: CITY OF APACHE JUNCTION,ARIZONA, an Arizona municipal corporation 6y: Walter"Chia" Al son Its: Mayor ATTEST: Jennifer Pena City Cleric APPROVED AS TO FORM: Richard J. Stem City Attorney 13 STATE OF - ) ) ss. County of Ha i c&fx?x ) The foregoing was subscribed and sworn to before me this a3� day of 2023, by U^a.4, T'!,� as M of Gruber Technica(Inc., dba Gruber Power Services, an Arizona corporat on. '*—M a,4,'L—� L I ff' -A�— Notary Public My Commission Expires: Ra-.4 1 2-3 Notary MAK SCS EFFNE Arizona of Maricopa County Commission is 564633 My Commission Expires May07.2023 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of 2023, by Walter"Chip"Wilson, as Mayor of the City of Apache Junction,Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 14 EXHIBIT A 15 Gruber Power Services Critical Power Specialists Solar Installation at Apache Junction Please route to ------- --- -- Larry Dewitt at City of Apache Junction Library �> Quote Item Qty Part Number Description of Parts or Service Cost Extended 1 1 System Cost Based on a 7.2 kW installation $31,531.70 $31,531.70 2 2 Battery Based on a 21 kWh installation $45,063.59 $45,063.59 3 ! Additional Including Sub Panel and Two Story Lift Included Included Electrical Price quotes for refurbished equipment are subject to product on-hand. Due to high demand for product and Shipping Included fluctuating inventories,quotes and availability are subject to first come first serve. Payment terms are extended to customers that have been approved by our credit department. Government,Municipalities,Educational,and Tax TBD Fortune 500 companies are exempted from the credit approval process. All freight,shipping,and applicable tax will be added to invoice. Total $76,595.29 Notes Quote valid until 01/28/2023 Materials&Specifications Panel Q CELLS Q.PEAK DUO BLK-G10+360 ac(360 Watts)Quantity:20 Battery Backup Encharge 10(10.5 kWh)Quantity:2 Additional Materials Ac Combiner IQ-Combiner3-ds Quantity: 1 Transfer Switch Enphase Enpower Smart Switch Quantity: 1 Balance of System Included Prepared by—Justin Brownlow Quote Date—12/28/2022 Quote Number—2APA03 Maintenance Plans E-Stores Services Depot UPS Service Website Rental Units Large UPS Service Plans Batteries Free Auto-Notify Small UPS Service Plans Refurbished UPS Recycling your Units Board and Module Repair Cabling Products Online Service Ouote Gruber Power Services 21613 North 2nd Avenue Phoenix,Arizona 85027 USA Main 602.863.2655014 1 800.658.5883x414 bro@gruber.com JARAMILLO TONNESON&ASSOCIATES CONSULTING STRUCTURAL ENGINEERS 4411 E KNOX RD *q PHOENIX AZ 85044 PR4C77CAL DES/GNAND CONS-MUC77ONEXPER/ENCELJXENO 07H�R" 12/12/2022 CHARDS TAYLOR GRUBER POWER SYSTEMS 21613 N 2No AVE PHOENIX AZ 85027 RE: ROOF EVALUATION AT: APACHE PUBLIC LIBRARY 1 177 N IDAHO RD APACHE JUNCTION AZ 85119 DEAR MR.TAYLOR, PURSUANT TO YOUR REQUEST JTA ENGINEERING(JTA)VISITED THE SUBJECT SITE ON NOVEMBER 21 ST,2022,TO REVIEW EXISTING FRAMING CONDITIONS. THE CLIENT INTENDS TO INSTALL SOLAR PANELS ON A 30 FT X 50 FT SECTION OF FLAT ROOF ON THE SOUTH SIDE OF THE FACILITY. JTA HAS BEEN TASKED WITH EVALUATING THE ROOF STRUCTURE AND ITS ABILITY TO SUPPORT LOADS FROM NEW SOLAR PANELS. THE PURPOSE OF THIS REPORT IS TO PROVIDE A FEASIBILITY STUDY TO ENSURE THAT STRUCTURE CAN SUPPORT THE ANTICIPATED LOADING. IT SHOULD BE NOTED THAT THE ALUMINUM RACKING, ATTACHMENT TO THE STRUCTURE,AND REACTIONS WILL BE PROVIDED TO JTA ENGINEERING FOR A FINAL REVIEW. DESCRIFr170N OF BUILDING IT WAS MADE KNOW TO JTA THAT FACILITY WAS BUILT IN TWO PHASES. THE FIRST PHASE WAS LIKELY BUILT IN THE LATE 1 980S OR EARLY 1 990S AND WAS FRAMED WITH 8"MASONRY BEARING WALLS AND A WOOD ROOF. THE ROOF 1S 1/2"SHEATHING OVER CONVENTIONAL 2X DIMENSIONAL LUMBER SPANNING TO WOOD GLULAM GIRDERS. THE SECOND PHASE WAS BUILT AROUND 2010 AND IS A STRUCTURAL STEEL CURVED ROOF WITH FULL HEIGHT ALUMINUM AND GLASS CURTAIN WALLS. NO SOLAR PANELS ARE PLANNED FOR THIS AREA. SEE FIGURE 1 AERIAL VIEW OF BUILDING AND LOCATION OF THE WORK AREA. ANALYSIS&CONCLUSIONS THE SOLAR PANELS THAT HAVE BEEN SELECTED ARE 40"WIDE X 68"LONG AND WEIGH 46 L.B. THIS EQUATES TO 2.4 PSF. ALUMINUM RACKING WILL ADD ANOTHER 1 PSF 1N WEIGHT OVER THE WORK AREA. THE DESIGN LOADS FOR THE EXISTING ROOF STRUCTURE ARE 18 PSF DEAD LOAD AND 20 PSF (REDUCIBLE LIVE LOAD). THE NEW LOAD FROM THE PANELS CAN BE JUSTIFIED BY USING AN EXCEPTION IN IBC SECTION 1607.13.5: THE ROOF LIVE LOAD DOES NOTNEEDToBEAPPLIEDINTHE AREA OF THE PANEL IF THE SPA CEBELOW THE PANEL/S LESS 77-IAN 24': 1607.13.5 Photovoltaic panel systems.Roof structures that provide support for photovoltaic panel systems shall be designed in accordance with Sections 1607.13.5.1 through 160T 13.5.4,as applicable. �.Photovoltaic(PV)panel systems,also known as solar panels,are required to be designed to resist the live loads in this section. 1607.135.1 Roof live load.Roof structures that support pho- tovoltaic panel systems shall be designed to resist each of the following conditions: 1. Applicable uniform and concentrated roof loads with the photovoltaic panel system dead loads. r �� AiOf. 10 . Irolo!No pltaels,wLetetlki slte (610 mm)or less. 2. Applicable uniform and concentrated roof loads with- out the photovoltaic panel system present. STRUCTURAL ENGINEERING-CONSTRUCTION SERVICES/ENGINEERING-SPECIAL INSPECTIONS-BIM COORDINATION JOE TONNESON DIRECT:602.492.6426 SERGIO JARAMIL.LO CELL:915.252.4478 JARAMILLO TONNESON&ASSOCIATES CONSULTING STRUCTURAL ENGINEERS 4411 E KNOX RD PHOENIX AZ 85044 I REMAINDER OF STRUCTURE IS \ IS A WDOD ROOF AND MASONRY BEARING WALLS PHASE 2 STEEL t STRUCTURE �V ` 1 1 30FTX50FrAREAWHERE ` SOLAR PANELS AND ALUMINUM TILT RUMPRi WV1 I BJ:IN5YALIED . A r Figure 1: Existing building with scope of work indicated. THEREFORE,TO AVOID HAVING TO REINFORCE THE ROOF STRUCTURE THE SOLAR PANELS NEED TO BE FLUSH MOUNT AND HAVE UP TO A 5 DEG TILT. RACKING CANNOT LIFT THE PANELS UP ABOVE THE 24"THRESHOLD. BALLASTED ATTACHMENT(NO POSITIVE ATTACHMENT VIA LAG SCREW)IS ACCEPTABLE PROVIDED THAT THE TOTAL DEAD LOAD FROM THE PANEL,RACKING,AND BALLAST IS LESS THAN 12 PSF. IF THE TOTAL WEIGHT 15 GREATER THAN 12 PSF THAN IT IS SUGGESTED TO GO TO A POSITIVE ATTACHMENT METHOD WHERE THE ROOF INSULATION IS CUTAWAY TO EXPOSE THE WOOD SHEATHING AND A STANDOFF IS SCREWED DOWN. STAND OFFS WOULD NEED TO OCCUR AT 24"O.C. TO EVENLY LOAD THE ROOF AND NOT POINT LOAD SPECIFIC ROOF JOISTS VS(NO)LOADING OTHERS. IN SUMMARY JTA'S RECOMMENDATION IS THAT THE EXISTING ROOF DOES NOT NEED TO BE REINFORCED PROVIDED THAT THE DESIGN BY THE SOLAR COMPANY MEETS IBC EXCEPTION PER SECTION 1 607.13.5.1. BALLASTED OR POSTINE ATTACHMENT DESIGN NEEDS TO MEET ABOVE CRITERIA AS WELL TO AVOID OVERLOADING SPECIFIC ROOF JOISTS. o�esstional PLEASE CONTACT OUR OFFICE WITH ANY QUESTIONS. RESPECTFULLY SUBMITTED, Q� 'off-1 C a Q m 4t, 57934 'LO N U JOE TONNESON,PE,SE JOSEPH S. o d TO ON ENCLOSED PICTURES 10 � iR 9R�ZONA U S P 12.12.2022 AZ FIRM NO.20430 EXPIRES: 6/30I23 STRUCTURAL ENGINEERING-CONSTRUCTION SERVICES/ENGINEERING-SPECIAL INSPECTIONS-BIM COORDINATION JOE TONNESON DIRECT:602.492.6426 SERGIO JARAMILLO CELL 915.2452.4478 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 3. Piz File ID: 23-127 Sponsor: Emile Schmid Agenda Date: 3/20/2023 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 23-06, Intent to Form Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. City of Apache Junction,Arizona Page 1 Printed on 3/16/2023 Public Works Department Home of the Superstition Mountains MEMORANDUM DATE: March 20, 2023 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager Ted Wolff, Public Works Director FROM: Emile Schmid P.E., City Engineer SUBJECT: Streetlight Improvement District ("SLID") 2023-SV-1A-1, Superstition Vistas Phase 1A Resolution 23-06 Intent to Form Streetlight Improvement District Resolution 23-07 Ordering the Installation of Streetlights within the SLID Resolution 23-08 Adopting the SLID Budget for Fiscal Year 2023-2024 REQUEST Presentation and discussion on the intent to form SLID No. 2023-SV-1A-1 Superstition Vistas Phase 1A. BACKGROUND The creation of a Streetlight Improvement District ("SLID") is a means whereby the power expenses of streetlights are paid by the levy and collection of taxes based on the number of properties within the SLID. SLIDs are created by the initial submittal of a petition to the city to form a SLID, and the subsequent approval of three separate resolutions: 1) the intent to form a SLID; 2) ordering the installation of streetlights within the SLID, and 3) setting forth the initial annual SLID budget. The four residential parcels of Superstition Vistas Phase 1A are currently under construction. All 439 lots within Phase 1A are currently owned by D R Horton Inc. who submitted to the city a Unanimous Petition for the SLID along with an exhibit showing the boundary of the SLID. The above three described resolutions will be presented to mayor and city council at the March 20, 2023 city council work session with final approval being requested on the consent agenda at the March 21, 2023 city council regular meeting. DISCUSSION Presentation and discussion on Resolution 23-06, Resolution 23-07, and Resolution 23-08. RECOMMENDATION Staff respectfully requests mayor and city council to approve Resolution 23-06, Resolution 23-07, and Resolution 23-08 on consent agenda at the March 21, 2023 council meeting. ACTION REQUIRED This item will be for presentation, discussion, and approval. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 • FAX (480) 983-5872 Public Works Department 575 E. Baseline Ave., Apache Junction, AZ 85119 (480) 982-1055 PETITION FOR STREET LIGHTING IMPROVEMENT DISTRICT TO THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION: We, the undersigned, being all or a majority of the real property owners within the limits of the area and district hereinafter described, do hereby petition the council of the City of Apache Junction,Pinal and Maricopa Counties, State of Arizona,to establish a street lighting improvement district pursuant to the provisions of Arizona Revised Statutes ("A.R.S.") §§ 48-615, 48-616, 48- 617 and 48-572, for the purpose of purchasing electricity for the lighting of public streets or parks within the described and depicted district or area set forth in Exhibit A, which includes a charge for energy and maintenance. It is hereby requested that upon the filing of this petition,if signed by all of the real property owners within the described district or area, exclusive of mortgages and other lienholders,that the council of the City of Apache Junction, after verifying such ownership and making a finding of such fact, adopt a resolution of intention to order creation of the district and order the proposed improvements pursuant to the provisions of A.R.S. §§ 48-576 and 48-581 without the necessity of publication and posting of the resolution of intention provided for in A.R.S. § 48-578, and that unless any protests are received sufficient to bar further proceedings under A.R.S. § 48-579,that the council proceed with the improvement petition. Expenses of the district(CHECK ONE): ❑ Shall be paid by the levy and collection of ad valorem taxes upon assessed value of all property in the district. ® Shall be paid by the levy and collection of equal apportionment of taxes based on the number and classification of properties within the district. The name of the proposed street lighting improvement district shall be STREET LIGHTING IMPROVMENT DISTRICT("SLID") # located in the city as follows: ±128.2 ac at the NEC of Radiance at Superstition Vistas Phase 1A - Lots 1- 439 Meridian Rd and Ray Ave Name of Subdivisions and Lots (area of limits) OWNERS OF RECORD NAME(printed) SIGNATURE ADDRESS DATE �S�s w F�rc tZ 4z. Home of the Superstition Mountains www.apachejunctionaz.gov IRONWOOD DRIVE SOLINA SECTION 19 AVENUE SE CORNER SEC. REVERENCE 19, NE CORNER ROAD Lli SEC. 30, T1 S R8E ao PROJECT APACHE o z 00 � SITE JUNCTION o 0 CD U N < Q O RAY AVENUE PINAL z z Q � COUNTY Of SECTION 30 VICINITY MAP NOT TO SCALE T1S, R8E APPROVAL S 1/4 CORNER SEC. 19, N 1/4 APACHE JUNCTION DEVELOPMENT DATE CORNER SEC. 30, SERVICES PRINCIPAL ENGINEER T1 S, R8E ENG�FPp,O LEGEND LED EETLIGHT* *4,000 LUMEN LED STREETLIGHT TO BE PARCEL 19.2 INSTALLED ON LOCAL RESIDENTIAL PARCEL 19.1 F= SHEET 3 STREETS, REVERENCE ROAD, AND SHEET 4 SOLINA AVENUE. W W PARCEL 19.1 PARCEL 19.13 SHEET 2 Q Q SHEET 5 a SW CORNER SEC. Q 19, NW CORNER ii z SEC. 30, T1 S, R8E 0 SE CORNER SEC. 24, MERIDIAN ROAD T1 S, R7E PROJ.NO.: 1635 SUPERSTITION VISTAS PHASE 1A DATE: JAN 2023 APACHE JUNCTION, ARIZONA ,�aa SCALE: N.T.S. STREET LIGHT IMPROVEMENT DISTRICT HILMAFrrVO ILE 011 DRAWN BY: DS 2141 E. HIGHLAND AVE.,STE.250 SHEET 1 OF 5 PHOENIX,AZ 85016 CHECKED BY: N L P:602.490.0535 F:602.368.2436 ©2023, HILGARTWILSON, LLC UA1600\1635\ENGR\_Phase 1A\EXHIBITS\SLID\1635—PH1A—SLID—SHEET01_22-1108.dwq 1/19/2023 8:21 AM N 300 150 0 300 SCALE: 1" = 300' w SEE SHEET 5 0 coz� mrno �tMv � cot� wrno � w � eF � o, rnrnrn000000 000o .� - c� t� c� •- •- � N c�zc�zc�z �zN ezc�z SHANLEY AVENUE.Q � � Mc�2 orn � 106 0 mmm0rnm � � � � C6c000C � co � W ^ > 107 W Z > ^ Q 108 2 c co '* to oNTc rno �- c�zM � L � Z\ M 109 Q co co co co co oo 2 R zz L' N t' t' z` z` z` Q fn 0 ^ ^ ^ ^ ^ ^ ^ 110 w w w SABLE AVENUE ¢ 111 U) ^ 0M00z~ ff�M2 fM2ornwz` co � 112 � � a �� koLoLotoLo rer �r w 113 ^ ^ ^ ^ ^ ^ ^ ^ ^ SANDOVAL coz� � rno �- cgco ko w AVENUE O ^ Nco MMMMM �t �h � � � e!• > cocoa ^ ., .� ^ ., .� .� .� cc SEAVER AVENUE o oaw NcoNNM N o — W co — Z — — — cat — — — — - — ^ Q^ co J J J RAY AVENUE PROJ.NO.: 1635 SUPERSTITION VISTAS PHASE 1 A DATE: JAN 2023 PARCEL 19.1 ,�aa SCALE: 1" = 300' STREET LIGHT IMPROVEMENT DISTRICT HILMAFrrV ILO0 �A DRAWN BY: DS 2141 E. HIGHLAND AVE.,STE.250 SHEET 2 OF 5 PHOENIX,AZ 85016 CHECKED BY: N L P:602.490.0535 F:602.368.2436 ©2023, HILGARTWILSON, LLC UA1600\1635\ENGR\_phase 1A\EXHIBITS\SLID\1635-PH1A-SLID-SHEET02_22-1108.dwq 1/19/2023 8:21 AM N 300 150 0 300 SCALE: 1" = 300' Q pp SEE SHEET 4 VENUE SNE��Y A I I co % ;; 1 z 98 SHANLEY AVENUE co 3 Q N '*o rn w t� 200 'h 10 � � z` t• 4 p rnwaow � � mw W 5 cc �t o 6 �1 � �racot� w10 Z" Z' Z' z` p 7 Z 1 0 co co co co I co co co co W 1 o1W cr. ul SABLE AVENUE ko N 9 w cn 10co 101, � � Lo � 10 Wrr I— SANDOVAL � O 12 AVENUE _ � rn IJJ 280 N oM co coM M � � W > 27 SEAVER AVENUE N FE d M In .� O O) W Z` O O Z Q J J RAY AVENUE PROJ.NO.: 1635 SUPERSTITION VISTAS PHASE 1 A DATE: JAN 2023 PARCEL 19.2 aa SCALE: 1" = 300' STREET LIGHT IMPROVEMENT DISTRICT H I LMAFrrVOILO0A DRAWN BY: DS 2141 E. HIGHLAND AVE.,STE.250 SHEET 3 OF 5 PHOENIX,AZ 85016 CHECKED BY: N L P:602.490.0535 F:602.368.2436 ©2023, HILGARTWILSON, LLC UA1600\1635\ENGR\_phase 1A\EXHIBITS\SLID\1635—PH1A—SLID—SHEET03_22-1108.dwq 1/19/2023 8:21 AM N 300 150 0 300 SCALE: 1" = 300' NP Pv�N�� 404 396 403 TQN 395 397 N� S 4oz pVENUE_ v 394 v oLo 10 377 378 391 0393 398 r 376 r 379 390 m392 399 m00 o 45 o 375 r 380 389 374 z 381 388 co co co �2 NNA AVENUE p13 382 38s v co � 428 v A 383 c� d SA 373 m 384 385 L - cq `� 429 9 m NVEco 430 O N 372 VE rn m 371 SP AULDING n (OnoL N 431 � m 370 cMo co coo m co m �' � 432 o � \n 433 m a `" 368 p M cn o co c" 434 (3� 367 M c) c " co 366 00 �, 435 STRADLING_AVENUE� �, "t ,, co z• CO °� O co co co co co �1 r CO CO CO CO M CO L� SEE SHEET 3 m v PROJ.NO.: 1635 SUPERSTITION VISTAS PHASE 1A DATE: JAN 2023 PARCEL 19.12 aa SCALE: 1" = 300' STREET LIGHT IMPROVEMENT DISTRICT H I LMAFrrVOILO0A DRAWN BY: DS 2141 E. HIGHLAND AVE.,STE.250 SHEET 4 OF 5 PHOENIX,AZ 85016 CHECKED BY: N L I P:602.490.0535 F:602.368.2436 ©2023, HILGARTWILSON, LLC UA1600\1635\ENGR\—Phase 1A\EXHIBITS\SLID\1635—PH1A—SLID—SHEET04-22-1108.dwq 1/19/2023 8:21 AM N 300 150 0 300 SCALE: 1" = 300' SOLINA AVENUE Q �tMv�cot�aorno�c�t�d O MMMMMMMMM MMMMMM M �j1$ STANTON AVENUE 319 Z 301 mz\cov� rrM� � ornmz` co 320 NAH VENUE 0mwmwC. -o -o Na` c' p` 0 300 NNNNNNNNNNN � � SpVAN 299 w W 298 > M �F b co N m rn o �2 M om , 321 d � c000cocococoz\ z\ z\ t\ N 322 297 p NNNNNNNNN 323 N zs5 w SPAULDING AVENUE 324 W 294 H � — (Z w co �n <rM � ^pO' � 325 N co cocobbbbbh "1bc �+ d 293 >- � � NNNNNNcgCQN � 326 292 � 327 W 291 MMMMM('M')M � r1 � � 328 N 290 ��N��cvCNNC'Q cmN c\? 329 330 289 STRADLIN AVENUE 331 c� ., (Z> 0) o� �r co 10 — m-- 332 McocoNNn2n2N �t � �t �t ^ "N 333 SEE SHEET 2 > 0 0 w U PROJ.NO.: 1635 SUPERSTITION VISTAS PHASE 1 A DATE: JAN 2023 PARCEL 19.13 ��aa SCALE: 1" = 300' STREET LIGHT IMPROVEMENT DISTRICT HILMAFrrVO ILE 011 DRAWN BY: DS 2141 E. HIGHLAND AVE.,STE.250 SHEET 5 OF 5 PHOENIX,AZ 85016 CHECKED BY: N L P:602.490.0535 F:602.368.2436 ©2023, HILGARTWILSON, LLC UA1600\1635\ENGR\-Phase 1A\EXHIBITS\SLID\1635-PH1A-SLID-SHEET05_22-1108.dwq 1/19/2023 8:21 AM RESOLUTION NO. 23-06 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ACCEPTING A PETITION, WAIVER AND CONSENT, AND THE INTENTION TO FORM A MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICT IN THE CITY OF APACHE JUNCTION TO BE DESIGNATED AS ""CITY OF APACHE JUNCTION STREET LIGHTING IMPROVEMENT DISTRICT NO. 2023- SV-1A-1"; DECLARING FUNDING TO CONTRACT FOR THE PURCHASE OF ENERGY FOR THE STREET LIGHTS BE BY ANNUAL LEVY OF TAXES OR ASSESSMENTS EQUALLY APPORTIONED UPON ALL OF THE PROPERTY OWNERS OF THE DISTRICT; AND PROVIDING THE LIGHTING OF PUBLIC STREETS AND PARKS WITHIN AND ADJACENT TO STREETS IN THE PROPOSED DISTRICT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1 . Acceptance and Findings . A petition (the "Petition") for the formation of the City of Apache Junction Street Lighting Improvement District ("SLID") No. 2023-SV-1A-1 (the "District") (see Map of District Boundaries, respectively Exhibit A) to purchase, and not generate, energy for street or public park lighting within the District and adjacent streets, has been filed with the city clerk and presented to the mayor and city council at the meeting at which this resolution was adopted. The Petition purports to be signed by all of the real property owners in the proposed District, exclusive of mortgagees and other lienholders . After verification of such ownership, the mayor and city council find pursuant to Arizona Revised Statutes ("A.R. S . ") § 48-615 (A) that the Petition was signed by all of the real property owners in the proposed District, exclusive of mortgagees and other lienholders . 2 . Declaration of Intention to Order Formation of the District . The public interest and convenience require and it is the intention of the mayor and city council to order the work through formation of the District pursuant to A.R. S . Title 48, Chapter 4, Article 2 . The District' s sole purpose shall be the purchase, not generation, of energy to operate the street lighting system as it now exists or is hereafter enlarged. The phrase "street lighting system" shall mean all publicly owned street and traffic lights and all wire, apparatus and other facilities now in place or hereafter constructed or acquired for the lighting of public streets and parks within the District and on adjacent streets . For purposes of this resolution and of all resolutions, RESOLUTION NO. 23-06 Page 1 of 3 ordinances and notices pertaining hereto, the SLID shall be known as and is hereby designated "City of Apache Junction Street Lighting Improvement District No. 2023-SV-lA-1" . 3 . Statutory Authority; Payment of Incidental Expenses . All proceedings pertaining to the District is authorized by A.R. S . Title 48, Chapter 4, Article 2, and all amendments thereto including, without limitation, §§ 48-616 and 48-617 . All incidental expenses shall become the obligation of the District, unless paid for by the signers of the Petition. The phrase "incidental expenses" shall mean the costs of posting, publication, recording and legal fees associated with the formation of the District and the annual levy of taxes . 4 . Protests, Objections, Waiver. In the Petition, the signers have made written consents and waivers pertaining to the ordering of the work and to the formation of the District and have specifically waived all protests and objections against formation of the District . City staff has verified such ownership and the mayor and city council find as a fact that all property owners within the District signed such Petition. Therefore, pursuant to A.R. S . § 48-617 (A) , no publication or posting of any notice pertaining to formation of the District will be made which is normally required under A.R. S . §§ 48-575 (C) and 48-578 . 5 . Engineer' s Estimate. As financing for the acquisition and construction of the initial street lighting system has been provided, the District' s sole purpose will be to purchase, and not generate, energy to operate the street lighting system. All owners of land within the District who signed the Petition waived the filing of an engineer' s estimate and no engineer' s estimate has been filed with the city clerk. 6 . Determination of Type of Lighting and Consideration of the Rate to be Paid. The type of lighting shall be the type now in place within the District which now comprises the street lighting system or such lighting facilities as may be required in the future by city engineering staff or some other entity for use within the District . The mayor and city council agree that the current rate to be paid for purchasing energy for the proposed district per street light per month and per kilowatt hour is set by the public service entity which provides the energy to light the streets (currently Salt River Project) and may be increased as they or their successors so determine in the future. The estimate of the District' s costs and expenses of purchasing energy for the operation of the street lighting system is subject to change or RESOLUTION NO. 23-06 Page 2 of 3 correction when the actual costs of operation are known and is subject to change due to inflation, new construction or acquisition of additional portions of the street lighting system. 7 . Compliance with City Outdoor Lighting Code. The District shall comply with the provisions of the Apache Junction City Code, Vol . II, Land Development Code, Article 1-10 : Outdoor Lighting Regulations, as amended. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 23-06 Page 3 of 3 EXHIBIT A IRONWOOD DRIVE SOLINA SECTION 19 AVENUE SE CORNER SEC. REVERENCE 19, NE CORNER ROAD Lli SEC. 30, T1 S R8E ao PROJECT APACHE o z 00 � SITE JUNCTION o 0 CD U N < Q O RAY AVENUE PINAL z z Q � COUNTY Of SECTION 30 VICINITY MAP NOT TO SCALE T1S, R8E APPROVAL S 1/4 CORNER SEC. 19, N 1/4 APACHE JUNCTION DEVELOPMENT DATE CORNER SEC. 30, SERVICES PRINCIPAL ENGINEER T1 S, R8E ENG�FPp,O LEGEND LED EETLIGHT* *4,000 LUMEN LED STREETLIGHT TO BE PARCEL 19.2 INSTALLED ON LOCAL RESIDENTIAL PARCEL 19.1 F= SHEET 3 STREETS, REVERENCE ROAD, AND SHEET 4 SOLINA AVENUE. W W PARCEL 19.1 PARCEL 19.13 SHEET 2 Q Q SHEET 5 a SW CORNER SEC. Q 19, NW CORNER ii z SEC. 30, T1 S, R8E 0 SE CORNER SEC. 24, MERIDIAN ROAD T1 S, R7E PROJ.NO.: 1635 SUPERSTITION VISTAS PHASE 1A DATE: JAN 2023 APACHE JUNCTION, ARIZONA ,�aa SCALE: N.T.S. STREET LIGHT IMPROVEMENT DISTRICT HILMAFrrVO ILE 011 DRAWN BY: DS 2141 E. HIGHLAND AVE.,STE.250 SHEET 1 OF 5 PHOENIX,AZ 85016 CHECKED BY: N L P:602.490.0535 F:602.368.2436 ©2023, HILGARTWILSON, LLC UA1600\1635\ENGR\_Phase 1A\EXHIBITS\SLID\1635—PH1A—SLID—SHEET01_22-1108.dwq 1/19/2023 8:21 AM N 300 150 0 300 SCALE: 1" = 300' w SEE SHEET 5 0 coz� mrno �tMv � cot� wrno � w � eF � o, rnrnrn000000 000o .� - c� t� c� •- •- � N c�zc�zc�z �zN ezc�z SHANLEY AVENUE.Q � � Mc�2 orn � 106 0 mmm0rnm � � � � C6c000C � co � W ^ > 107 W Z > ^ Q 108 2 c co '* to oNTc rno �- c�zM � L � Z\ M 109 Q co co co co co oo 2 R zz L' N t' t' z` z` z` Q fn 0 ^ ^ ^ ^ ^ ^ ^ 110 w w w SABLE AVENUE ¢ 111 U) ^ 0M00z~ ff�M2 fM2ornwz` co � 112 � � a �� koLoLotoLo rer �r w 113 ^ ^ ^ ^ ^ ^ ^ ^ ^ SANDOVAL coz� � rno �- cgco ko w AVENUE O ^ Nco MMMMM �t �h � � � e!• > cocoa ^ ., .� ^ ., .� .� .� cc SEAVER AVENUE o oaw NcoNNM N o — W co — Z — — — cat — — — — - — ^ Q^ co J J J RAY AVENUE PROJ.NO.: 1635 SUPERSTITION VISTAS PHASE 1 A DATE: JAN 2023 PARCEL 19.1 ,�aa SCALE: 1" = 300' STREET LIGHT IMPROVEMENT DISTRICT HILMAFrrV ILO0 �A DRAWN BY: DS 2141 E. HIGHLAND AVE.,STE.250 SHEET 2 OF 5 PHOENIX,AZ 85016 CHECKED BY: N L P:602.490.0535 F:602.368.2436 ©2023, HILGARTWILSON, LLC UA1600\1635\ENGR\_phase 1A\EXHIBITS\SLID\1635-PH1A-SLID-SHEET02_22-1108.dwq 1/19/2023 8:21 AM N 300 150 0 300 SCALE: 1" = 300' Q pp SEE SHEET 4 VENUE SNE��Y A I I co % ;; 1 z 98 SHANLEY AVENUE co 3 Q N '*o rn w t� 200 'h 10 � � z` t• 4 p rnwaow � � mw W 5 cc �t o 6 �1 � �racot� w10 Z" Z' Z' z` p 7 Z 1 0 co co co co I co co co co W 1 o1W cr. ul SABLE AVENUE ko N 9 w cn 10co 101, � � Lo � 10 Wrr I— SANDOVAL � O 12 AVENUE _ � rn IJJ 280 N oM co coM M � � W > 27 SEAVER AVENUE N FE d M In .� O O) W Z` O O Z Q J J RAY AVENUE PROJ.NO.: 1635 SUPERSTITION VISTAS PHASE 1 A DATE: JAN 2023 PARCEL 19.2 aa SCALE: 1" = 300' STREET LIGHT IMPROVEMENT DISTRICT H I LMAFrrVOILO0A DRAWN BY: DS 2141 E. HIGHLAND AVE.,STE.250 SHEET 3 OF 5 PHOENIX,AZ 85016 CHECKED BY: N L P:602.490.0535 F:602.368.2436 ©2023, HILGARTWILSON, LLC UA1600\1635\ENGR\_phase 1A\EXHIBITS\SLID\1635—PH1A—SLID—SHEET03_22-1108.dwq 1/19/2023 8:21 AM N 300 150 0 300 SCALE: 1" = 300' NP Pv�N�� 404 396 403 TQN 395 397 N� S 4oz pVENUE_ v 394 v oLo 10 377 378 391 0393 398 r 376 r 379 390 m392 399 m00 o 45 o 375 r 380 389 374 z 381 388 co co co �2 NNA AVENUE p13 382 38s v co � 428 v A 383 c� d SA 373 m 384 385 L - cq `� 429 9 m NVEco 430 O N 372 VE rn m 371 SP AULDING n (OnoL N 431 � m 370 cMo co coo m co m �' � 432 o � \n 433 m a `" 368 p M cn o co c" 434 (3� 367 M c) c " co 366 00 �, 435 STRADLING_AVENUE� �, "t ,, co z• CO °� O co co co co co �1 r CO CO CO CO M CO L� SEE SHEET 3 m v PROJ.NO.: 1635 SUPERSTITION VISTAS PHASE 1A DATE: JAN 2023 PARCEL 19.12 aa SCALE: 1" = 300' STREET LIGHT IMPROVEMENT DISTRICT H I LMAFrrVOILO0A DRAWN BY: DS 2141 E. HIGHLAND AVE.,STE.250 SHEET 4 OF 5 PHOENIX,AZ 85016 CHECKED BY: N L I P:602.490.0535 F:602.368.2436 ©2023, HILGARTWILSON, LLC UA1600\1635\ENGR\—Phase 1A\EXHIBITS\SLID\1635—PH1A—SLID—SHEET04-22-1108.dwq 1/19/2023 8:21 AM N 300 150 0 300 SCALE: 1" = 300' SOLINA AVENUE Q �tMv�cot�aorno�c�t�d O MMMMMMMMM MMMMMM M �j1$ STANTON AVENUE 319 Z 301 mz\cov� rrM� � ornmz` co 320 NAH VENUE 0mwmwC. -o -o Na` c' p` 0 300 NNNNNNNNNNN � � SpVAN 299 w W 298 > M �F b co N m rn o �2 M om , 321 d � c000cocococoz\ z\ z\ t\ N 322 297 p NNNNNNNNN 323 N zs5 w SPAULDING AVENUE 324 W 294 H � — (Z w co �n <rM � ^pO' � 325 N co cocobbbbbh "1bc �+ d 293 >- � � NNNNNNcgCQN � 326 292 � 327 W 291 MMMMM('M')M � r1 � � 328 N 290 ��N��cvCNNC'Q cmN c\? 329 330 289 STRADLIN AVENUE 331 c� ., (Z> 0) o� �r co 10 — m-- 332 McocoNNn2n2N �t � �t �t ^ "N 333 SEE SHEET 2 > 0 0 w U PROJ.NO.: 1635 SUPERSTITION VISTAS PHASE 1 A DATE: JAN 2023 PARCEL 19.13 ��aa SCALE: 1" = 300' STREET LIGHT IMPROVEMENT DISTRICT HILMAFrrVO ILE 011 DRAWN BY: DS 2141 E. HIGHLAND AVE.,STE.250 SHEET 5 OF 5 PHOENIX,AZ 85016 CHECKED BY: N L P:602.490.0535 F:602.368.2436 ©2023, HILGARTWILSON, LLC UA1600\1635\ENGR\-Phase 1A\EXHIBITS\SLID\1635-PH1A-SLID-SHEET05_22-1108.dwq 1/19/2023 8:21 AM ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.4. Piz File ID: 23-142 Sponsor: Emile Schmid Agenda Date: 3/20/2023 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 23-07, Ordering the Installation of Streetlights for Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. City of Apache Junction,Arizona Page 1 Printed on 3/16/2023 Public Works Department Home of the Superstition Mountains MEMORANDUM DATE: March 20, 2023 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager Ted Wolff, Public Works Director FROM: Emile Schmid P.E., City Engineer SUBJECT: Streetlight Improvement District ("SLID") 2023-SV-1A-1, Superstition Vistas Phase 1A Resolution 23-06 Intent to Form Streetlight Improvement District Resolution 23-07 Ordering the Installation of Streetlights within the SLID Resolution 23-08 Adopting the SLID Budget for Fiscal Year 2023-2024 REQUEST Presentation and discussion on the intent to form SLID No. 2023-SV-1A-1 Superstition Vistas Phase 1A. BACKGROUND The creation of a Streetlight Improvement District ("SLID") is a means whereby the power expenses of streetlights are paid by the levy and collection of taxes based on the number of properties within the SLID. SLIDs are created by the initial submittal of a petition to the city to form a SLID, and the subsequent approval of three separate resolutions: 1) the intent to form a SLID; 2) ordering the installation of streetlights within the SLID, and 3) setting forth the initial annual SLID budget. The four residential parcels of Superstition Vistas Phase 1A are currently under construction. All 439 lots within Phase 1A are currently owned by D R Horton Inc. who submitted to the city a Unanimous Petition for the SLID along with an exhibit showing the boundary of the SLID. The above three described resolutions will be presented to mayor and city council at the March 20, 2023 city council work session with final approval being requested on the consent agenda at the March 21, 2023 city council regular meeting. DISCUSSION Presentation and discussion on Resolution 23-06, Resolution 23-07, and Resolution 23-08. RECOMMENDATION Staff respectfully requests mayor and city council to approve Resolution 23-06, Resolution 23-07, and Resolution 23-08 on consent agenda at the March 21, 2023 council meeting. ACTION REQUIRED This item will be for presentation, discussion, and approval. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 • FAX (480) 983-5872 RESOLUTION NO. 23-07 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ORDERING THE INSTALLATION OF STREET LIGHTS WITHIN STREET LIGHTING IMPROVEMENT DISTRICT NO. 2023-SV-1A-1 . WHEREAS, on March 21, 2023 the mayor and city council of the City of Apache Junction, Arizona, passed and adopted Resolution No. 23-06 (the "Resolution of Intention") , which declared the council' s intention to form the City of Apache Junction Street Lighting Improvement District (the "SLID") No. 2023-SV-1A-1 (the "District") , solely for the purpose of purchasing energy for lighting of the public streets within the District; and WHEREAS, no protests against the proposed work, or objections to the extent of the District have been received, as such option was waived by the owners who signed the formation petition; and WHEREAS, pursuant to Arizona Revised Statutes ("A.R. S . ") §§ 48-616 and 617, the mayor and city council hereby finds and determines that it has jurisdiction to order the work for lighting of public streets and parks within the District and order the formation of the District described in the resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : 1 . Ordering the work and District formation. That as there were no protests against the work or the formation of the District or objections to the extent of the District, the work, as described in the resolution, is hereby ordered and the formation of the City of Apache Junction SLID No. 2023-SV-lA-1 is also ordered. The Map of the District Boundaries is set forth in Exhibit A attached hereto and incorporated by reference herein. The city clerk is ordered and directed to cause a certified copy of this resolution to be delivered to the Department of Revenue of the State of Arizona (the "Department") and to the Assessor and Recorder of Pinal County, Arizona, as is required by A.R. S . § 42-17257, together with all other information relating to the boundaries of newly created taxing jurisdictions . 2 . Compliance with City Code. The District shall comply with the provision of the Apache Junction City Code, Vol . II, Land RESOLUTION NO. 23-07 PAGE 1 OF 3 Development Code, Article 1-10 : Outdoor Lighting Regulations, as amended. 3 . Annual Tax. The city shall annually, commencing in tax year 2023 and for the city' s 2024 fiscal year, make annual statements and estimates of the expenses of the District and shall submit the same to the Board of Supervisors of Pinal County for the levy and collection of ad valorem taxes upon the assessed value of all taxable property, real and personal, in the District or by equal apportionment of taxes based on the number and classification of properties within the District, and shall publish notice of the statements and estimates, hold hearings on them and adopt them at the times and in the manner provided for incorporated cities and towns' statements and estimates by applicable portions of A.R. S . Title 42, Chapter 17, Article 3, and shall annually set, fix and cause to be levied and assessed the amount to be raised by ad valorem taxes upon all of the taxable property of the District and shall cause to be collected, as county taxes are collected, the amounts shown by the statements and estimates so adopted by the mayor and city council . As provided in A.R. S . § 48-616, all statutes providing for the levy and collection of general county taxes, including collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the District taxes as provided to be levied by the section. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. 23-07 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 23-07 PAGE 3 OF 3 EXHIBIT A ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 5. Piz File ID: 23-143 Sponsor: Emile Schmid Agenda Date: 3/20/2023 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 23-08, Adopting the Budget for Fiscal Year 2023-2024 for Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. City of Apache Junction,Arizona Page 1 Printed on 3/16/2023 Public Works Department Home of the Superstition Mountains MEMORANDUM DATE: March 20, 2023 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager Ted Wolff, Public Works Director FROM: Emile Schmid P.E., City Engineer SUBJECT: Streetlight Improvement District ("SLID") 2023-SV-1A-1, Superstition Vistas Phase 1A Resolution 23-06 Intent to Form Streetlight Improvement District Resolution 23-07 Ordering the Installation of Streetlights within the SLID Resolution 23-08 Adopting the SLID Budget for Fiscal Year 2023-2024 REQUEST Presentation and discussion on the intent to form SLID No. 2023-SV-1A-1 Superstition Vistas Phase 1A. BACKGROUND The creation of a Streetlight Improvement District ("SLID") is a means whereby the power expenses of streetlights are paid by the levy and collection of taxes based on the number of properties within the SLID. SLIDs are created by the initial submittal of a petition to the city to form a SLID, and the subsequent approval of three separate resolutions: 1) the intent to form a SLID; 2) ordering the installation of streetlights within the SLID, and 3) setting forth the initial annual SLID budget. The four residential parcels of Superstition Vistas Phase 1A are currently under construction. All 439 lots within Phase 1A are currently owned by D R Horton Inc. who submitted to the city a Unanimous Petition for the SLID along with an exhibit showing the boundary of the SLID. The above three described resolutions will be presented to mayor and city council at the March 20, 2023 city council work session with final approval being requested on the consent agenda at the March 21, 2023 city council regular meeting. DISCUSSION Presentation and discussion on Resolution 23-06, Resolution 23-07, and Resolution 23-08. RECOMMENDATION Staff respectfully requests mayor and city council to approve Resolution 23-06, Resolution 23-07, and Resolution 23-08 on consent agenda at the March 21, 2023 council meeting. ACTION REQUIRED This item will be for presentation, discussion, and approval. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 • FAX (480) 983-5872 RESOLUTION NO. 23-08 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING THE FINAL BUDGET FOR THE STREET LIGHTING IMPROVEMENTS DISTRICT 2023-SV- 1A-1, FOR FISCAL YEAR 2023 - 2024 BEGINNING JULY 1, 2023 AND ENDING JUNE 30, 2024 AND LEVYING UPON THE PROPERTY IN THE DISTRICT OR BY AN EQUAL APPORTIONMENT OF THE TAXES NEEDED TO PAY THE EXPENSES SET FORTH IN THE BUDGET. WHEREAS, in accordance with the provisions of Arizona Revised Statutes ("A.R. S . ") § 48-616, the Street Lighting Improvement District 2023-SV-1A-1 (the "District") , the mayor and city council received the proposed District budget prior to March, 20, 2023; and WHEREAS, notice of the hearing on the statements and estimates of expenses of the District (the "Budget") was duly published and the hearing conducted, all as required by law; and WHEREAS, the mayor and city council intend to adopt the fiscal year 2023 - 2024 final budget for the District; and WHEREAS, upon fixing, levying and assessing the amount to be raised by ad valorem taxes on all the real and personal property in the District or apportioned equally upon the number and classification of properties within the District, the city clerk is hereby directed to transmit a certified copy of this resolution to the assessor, recorder and board of supervisors of Pinal County, Arizona, with a request to collect such taxes in the same manner as general city taxes . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1 . Budget Adopted. The District budget attached hereto in Exhibit A in the amount of $3, 768 . 00 is hereby adopted as the budget of the District for fiscal year 2023 - 2024 . 2 . Amount to be Raised by Taxes . The amount of the District budget set forth in Section 1 of this resolution is hereby fixed, levied and assessed as the amount to be raised by the levy of ad valorem taxes on all the real and personal property in the District or through an equal apportionment of taxes based on the number and classification of properties within the District . There is hereby levied on each one hundred dollars ($100) of assessed value on all property, both real and personal within the District not exempt RESOLUTION NO. 23-08 PAGE 1 OF 3 from taxation, a tax rate sufficient (not greater than one dollar and twenty cents ($1 .20) ) to provide a fund for the annual expenses of the SLID, said amount to be collected in the same manner as the collection of general city taxes . 3 . No Invalidation of Proceedings . No irregularity in the fixing, levying or assessing the amount to be raised by ad valorem taxes or omission in the same, or irregularity of any kind in any proceedings shall invalidate such proceeding or invalidate any action to collect such taxes, including the conveyance of title by any tax deed, nor shall any failure or neglect of any officer or officers to perform any of the duties assigned to him or to them on the day within time specified will be an invalidation of any proceedings or of any action to collect such taxes or affect the validity of the assessment of the budget amount and levy of taxes or of the judgment or sale by which the collection of the same may be enforced, or in any manner affect the lien upon such property for the delinquent annual taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for collecting of the taxes or the foreclosure, and all acts of officers de facto shall be valid as if performed by officer de jure. 4 . Notice of Levy. The city clerk and city finance director are each authorized and directed to provide the certified duplicate copies of this resolution and such other documents as may be necessary to cause Pinal County to levy, assess and collect the amounts described herein from ad valorem property taxes, including the budget, to the Pinal County Board of Supervisors, County Assessor and County Treasurer. 5 . Conflicting Resolutions Repealed. All resolutions and parts of resolutions in conflict are hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 Walter "Chip" Wilson Mayor RESOLUTION NO. 23-08 PAGE 2 OF 3 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 23-08 PAGE 3 OF 3 EXHIBIT A City of Apache Junction Street Light Improvement District 2023-SV-lA-1 Budget FY 2023 - 2024 Streetlight Improvement District ("SLID") 2023-SV-lA-1 Number of streetlights 50 Energy cost per month per streetlight $6 . 28 Monthly energy cost for the SLID $314 . 00 Annual energy cost for the SLID $3, 768 . 00 Number of residences in the SLID 439 Annual energy levy per residence in the SLID $8 . 58 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.6. Piz File ID: 23-147 Sponsor: Joel Stern Agenda Date: 3/20/2023 Index: In Control: City Council Work Session Presentation and discussion on Ordinance No. 1534, an ordinance of the mayor and city council of the City of Apache Junction amending Apache Junction City Code, Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-9: Public Art Commission, by repealing and replacing in its entirety Section 2-9-2, Membership and Terms of Office; providing for severability and repealing any conflicting provisions. City of Apache Junction,Arizona Page 1 Printed on 3/16/2023 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: March 20, 2023 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: ART COMMISSION CODE- PROPOSED ORDINANCE NO. 1534 This item is a follow-up from the February 7, 2023 regular council meeting wherein council directed staff to change the art commission code to reflect a decrease in membership from seven to five members with at least three members being city residents, and the elimination of the technical expert criteria by just having one member as a practicing artist. All other art commission code provisions will remain unchanged. Staff has reviewed and approves of the content. R. Joel Stern City Attorney DRAFT 3/8/23 ORDINANCE NO. 1534 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 2 : MAYOR, COUNCIL AND APPOINTED BOARDS AND COMMISSIONS, ARTICLE 2-9: PUBLIC ART COMMISSION, BY REPEALING AND REPLACING IN ITS ENTIRETY SECTION 2-9-2, MEMBERSHIP AND TERMS OF OFFICE; PROVIDING FOR SEVERABILITY AND REPEALING ANY CONFLICTING PROVISIONS. WHEREAS, Chapter 2, Mayor, Council and Appointed Boards and Commissions, Article 2-9 : Public Art Commission of the Apache Junction City Code ("A. J.C.C. ") , Volume I, was last updated by Ordinance No. 1520 on December 7, 2021; and WHEREAS, on February 7, 2023, at a regular city council meeting, the council directed staff to make changes to the number and required technical expertise of commission members; and WHEREAS, other minor clerical changes are needed to facilitate the above-noted changes . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL Existing Apache Junction City Code, Volume I, Chapter 2 : Mayor, Council and Appointed Boards and Commissions, Article 2-9 : Public Art Commission, Section 2-9-2, Membership and Terms of Office, is hereby repealed and replaced in its entirety, as follows : ARTICLE 2-9-2 : Membership and Terms of Office (A) The Art Commission shall consist of � 5 members who shall be appointed and approved by the Mayor and City Council . (B) (1) Membership shall be comprised as follows : (a) Twe ffiefftbeLcs One member: practicing artist-& (eitheiresident e�—et)--from the visual, pidblie, as p _rfer-~-ng arts discipline}; (b) Twe Four members : having a general interest in art; _- iti3ei= resident ei' net) i4�1-x an inicerest—___ -,-isu-a_,pei=€e i=ffirrng --ai=ts, ai=ehriteetdi=e ei= idicban de f r-aetieing pr-e€eesien 1(e-}'=Ie- r=sident ei=et r-ef the fie-id of design,,eL= e ; }ee},,V Sheidid—an eligible- applieant net apply,—an—additienal pr-c}-c-n J seat;ai=t-ist- shall fill this ORDINANCE NO. 1534 PAGE 1 OF 3 wit-h an 4:nt-e,tee st the e h; ^a�yef i en, � `"t-at e f A r i E e n a,—crxr�"'c' ,l e ithe--s i:irreu n d i n gc�rec n d (2) Out of the five members, The Gefafalsslen shall ra-,):e, at a minimum, 4 3 shall be Apache Junction city residents . represented. in the pr-a��r-e€essie�e� with interest a h stery � feL 4 1he Gefft 1�T� an additienal prae-tieing artist shall be eensidered. (C) The appointments shall be staggered so that the terms of no more than -3 2 members will expire in any given year. il initial appeintments fer 3 members shall be terms begin N es,-�e�er1,2019, a n d ex�� en G e t eb er 31�zz—a iqr ' €e 4 Geteber 31,2023 . (D) Upon expiration of the initial terms of office, all new appointments shall be made by the Council for full 3-year terms and all such terms shall expire on October 31 of succeeding years, except that in the event of the Board membership complement falling below the required quorum level set forth in § 2-9-5, the membership vacancies shall be filled by the Council for the unexpired terms any time before the annual October appointment cycle using the then-existing talent bank applications . The term of all members shall extend until their successors are appointed n "lifiee . (E) Art Commission members shall receive no salaries or other remuneration for their services in such capacity, and they shall not be entitled to personal expenses incurred by them in the discharge of their official duties, except to the extent that such expenses are authorized and approved in advance by the City Manager or his or her designee . SECTION II PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code or regulation adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions thereof. SECTION III REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2023 . ORDINANCE NO. 1534 PAGE 2 OF 3 SIGNED AND ATTESTED TO THIS DAY OF , 2023 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: R. JOEL STERN City Attorney ORDINANCE NO. 1534 PAGE 3 OF 3 ORDINANCE NO. 1534 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 2 : MAYOR, COUNCIL AND APPOINTED BOARDS AND COMMISSIONS, ARTICLE 2-9: PUBLIC ART COMMISSION, BY REPEALING AND REPLACING IN ITS ENTIRETY SECTION 2-9-2, MEMBERSHIP AND TERMS OF OFFICE; PROVIDING FOR SEVERABILITY AND REPEALING ANY CONFLICTING PROVISIONS. WHEREAS, Chapter 2, Mayor, Council and Appointed Boards and Commissions, Article 2-9 : Public Art Commission of the Apache Junction City Code ("A. J.C.C. ") , Volume I, was last updated by Ordinance No. 1520 on December 7, 2021; and WHEREAS, on February 7, 2023, at a regular city council meeting, the council directed staff to make changes to the number and required technical expertise of commission members; and WHEREAS, other minor clerical changes are needed to facilitate the above-noted changes . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL Existing Apache Junction City Code, Volume I, Chapter 2 : Mayor, Council and Appointed Boards and Commissions, Article 2-9 : Public Art Commission, Section 2-9-2, Membership and Terms of Office, is hereby repealed and replaced in its entirety, as follows : ARTICLE 2-9-2 : Membership and Terms of Office (A) The Art Commission shall consist of 5 members who shall be appointed and approved by the Mayor and City Council . (B) (1) Membership shall be comprised as follows : (a) One member: practicing artist from the visual arts discipline; (b) Four members : having a general interest in art; (2) Out of the five members, at a minimum, 3 shall be Apache Junction city residents . (C) The appointments shall be staggered so that the terms of no more than 2 members will expire in any given year. (D) Upon expiration of the initial terms of office, all new appointments shall be made by the Council for full 3-year terms and all such terms shall expire on October 31 of succeeding years, except that in the event of the Board membership complement falling below the required quorum level set forth in § 2-9-5, the membership vacancies shall be ORDINANCE NO. 1534 PAGE 1 OF 2 filled by the Council for the unexpired terms any time before the annual October appointment cycle using the then-existing talent bank applications . The term of all members shall extend until their successors are appointed. (E) Art Commission members shall receive no salaries or other remuneration for their services in such capacity, and they shall not be entitled to personal expenses incurred by them in the discharge of their official duties, except to the extent that such expenses are authorized and approved in advance by the City Manager or his or her designee . SECTION II PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code or regulation adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions thereof. SECTION III REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2023 . SIGNED AND ATTESTED TO THIS DAY OF 2023 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: R. JOEL STERN City Attorney ORDINANCE NO. 1534 PAGE 2 OF 2