HomeMy WebLinkAboutORD683ORDINANCE NO.683
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,DECLARING ITS INTENTION TO IMPROVE CERTAIN STREETS AND RIGHTS—OF—WAY
WITHIN THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION BY THE CONSTRUCTION
OF CERTAIN IMPROVEMENTS AS SHOWN ON THE PLANS;DESIGNATING SUCH IMPROVEMENTS
AS "CITY OF APACHE JUNCTION ,ARIZONA IMPROVEMENTS DISTRICT NO.STID-8701-1";
DETERMINING THAT IMPROVEMENT BONDS WILL BE ISSUED TO REPRESENT THE COSTS AND
EXPENSES THEREOF AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN
LOCAL OR ORDINARY PUBLIC BENEFIT AND THAT THE COSTS OF SAID WORK OR
IMPROVEMENT WILL BE ASSESSED UPON A CERTAIN DISTRICT;PROVIDING THAT THE
PROPOSED WORK OR IMPROVEMENT WILL BE PERFORMED UNDER THE PROVISIONS OF TITLE
48,CHAPTER 4,ARTICLE 2,ARIZONA REVISED STATUTES,AND ALL AMENDMENTS
THERETO;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OR THE CITY OF APACHE JUNCTION,
ARIZONA,that:
Section 1.Definitions.In this Ordinance,
have the following meanings:
the following terms shall
"Assessment Diagrams"shall mean those duplicate diagrams of the property
contained within the Assessment District as filed with the Clerk and approved
by the Mayor and Council.,
"Assessment District"shall mean the lots,pieces or parcels of land
lying within the boundaries of the Assessment District,described as follows:
A portion of Section 17 and a portion of Section 20,Township 1 North,Range 8
East of the Gila and Salt River Base and Meridian,Pinal County,Arizona,
being more particularly described as follows:
Commencing at the Southeast corner of said Section 17,thence North 00 degrees
08 minutes 52 seconds West,along the East line of said Section 17,a distance
of 659.94 feet;thence North 89 degrees 58 minutes 29 seconds West,a distance
of 663.32 feet;
thence South 0 degrees 09 minutes 07 seconds East,329.97 feet;
thence North 89 degrees 58 minutes 45 seconds West,1093.95 feet;
thence South 0 degrees 06 minutes 01 seconds East,329.97 feet;
thence North 89 degrees 59 minutes 10 seconds West,223.00 feet;
thence North 0 degrees 07 minutes 03 seconds West,329.97 feet;
thence North 89 degrees 59 minutes 39 seconds West,693.28 feet;
thence North 0 degrees 09 minutes 51 seconds West,330.06 feet;
thence South 89 degrees 58 minutes 18 seconds West,1320.77 feet;
thence South 0 degrees 09 minutes 53 seconds East,330.09 feet;
thence North 89 degrees 59 minutes 43 seconds West,1287.90 feet;
thence South 0 degrees 09 minutes 55 seconds East,330.21 feet;
thence North 89 degrees 58 minutes 49 seconds East,2641.66 feet,
along the South line of the Southwest quarter of Section 17;
thence South 89 degrees 58 minutes 49 seconds East,2640.53 feet,
along the South line of the Southeast quarter of Section 17 to the TRUE POINT
OF BEGINNING.
Ordinance No.683
Page One of Six
AND
Also the following area in Section 20,Township 1 North,Range 8 East;
Commencing at the Northeast corner of said Section 20,
thence South 0 degrees 07 minutes 23 seconds East,410.00 feet;
thence North 89 degrees 58 minutes 29 seconds West,325.50 feet;
thence North 0 degrees 07 minutes 23 seconds West,360.00 feet;
thence North 89 degrees 58 minutes 29 seconds West,350.00 feet;
thence South 0 degrees 07 minutes 23 seconds East,678.96 feet;
thence North 89 degrees 58 minutes 49 seconds West,704.92 feet;
thence South 0 degrees 07 minutes 40 seconds East,623.71 feet;
thence North 89 degrees 59 minutes 10 seconds West,298.70 feet;
thence South 0 degrees 07 minutes 44 seconds East,270.00 feet;
thence North 89 degrees 58 minutes 42 seconds West,961.23 feet;
thence North 0 degrees 07 minutes 56 seconds West,1362.55 feet;
thence South 89 degrees 58 minutes 49 seconds West,167.12 feet;
thence North 0 degrees 07 minutes 56 seconds West,210.05 feet;
thence South 89 degrees 58 minutes 49 seconds West,118.08 feet to a
point on a circular curve,concave Southeasterly,having a radius of 25.00
feet;
thence along said curve a distance of 39.32 feet,through a central angle
of 90 degrees 06 minutes 52 seconds;
thence South 0 degrees 07 minutes 56 seconds East,70.00 feet;
thence South 89 degrees 58 minutes 49 seconds West,773.04 feet;
thence South 0 degrees 08 minutes 51 seconds East,100.00 feet;
thence North 88 degrees 49 minutes 07 seconds West,237.48 feet;
thence North 0 degrees 09 minutes 04 seconds West,25.85 feet;
thence South 89 degrees 52 minutes 01 seconds West,689.90 feet;
thence South 0 degrees 09 minutes 04 seconds East,145.20 feet;
thence South 89 degrees 52 minutes 01 seconds West,630.88 feet;
thence North 0 degrees 10 minutes 11 seconds West,362.04 feet to
the Northwest corner of Section 20;
thence North 89 degrees 58 minutes 49 seconds East,2641.66 feet
along the North line of the Northwest quarter of Section 20;
thence South 89 degrees 58 minutes 49 seconds East,2640.53 feet along
the North line of the Northeast quarter of Section 20 to the TRUE POINT OF
BEGINNING.
Reference is hereby made to the Assessment District Map,which map is on file
with the Superintendent of Streets and the Clerk,a copy of which is attached
to the Ordinance as Exhibit "A".
"Assessment District Map"shall mean the map which is on file with the
Superintendent of Streets and the Clerk.
"City"shall mean the City of Apache Junction,Arizona.
"Clerk"shall mean the Clerk of the City of Apache Junction.
Ordinance No.683
Page Two of Six
"District"shall mean the City of Apache Junction,Arizona,Improvement
District No.STID-8701-1.
"District Engineer"shall mean Coen Engineering Corporation and any
successors or assigns.
"Estimate"shall mean the estimate of costs and expenses of the Work
filed with the Clerk prior to adoption of this resolution,showing the
estimated cost of construction to be $866,087.00,the estimated cost of basic
Incidental Expenses (not including interest during construction)to be
$152,403 and the cost of interest during construction to be $65,633
(calculated at a rate of 13%per annum for a period of 12 months).
"Governing Body"shall mean the Mayor and Council of this City.
"Incidental Expenses"shall mean compensation paid to the District
Engineer,costs of printing,advertising,posting,the amount paid to take
charge and supervise and superintend the construction of the Work,the
expenses of making the assessment,appraiser's fees,all legal and financial
fees,expenses and costs incurred in drafting the proceedings and the sale of
bonds and all interest to be paid on the bonds for the period of construction
and up to six months beyond.
"Plans and Specifications"shall mean the construction plans and the
specifications and contract documents for the District filed with the Clerk
prior to the a adoption of this resolution.
"Streets"or "streets to be improved"shall mean the length and width of
the following streets:Superstition Boulevard from North Idaho Road to North
Ironwood Drive,and portions of Gold Drive,Thunderbird Drive,Rennick Drive,
San Marcos Drive,Monterey Drive,Plaza Drive and North Idaho Road as shown on
the Plans.
"Superintendent of Streets"shall mean Richard W.Broman,the Director of
Public Works of the City of Apache Junction,Arizona,and any successor to
such person.
"Work"shall mean the improvement of certain portions of the streets to
be improved (as hereinabove defined)by the construction of roadway subgrade,
base course,asphaltic concrete pavement,curb,gutter,driveways and
culverts,together with all appurtenances and adjuncts necessary,all as shown
on the Plans,Specifications and Estimate.The following work will be
performed by the City:
Item No.Description
1.Subgrade Preparation
2.Aggregate Base Course
3.Asphaltic Concrete Pavement (E-3/8 Mix)
4.Asphaltic Concrete Pavement (C-3/4 Mix)
5.Bit.Tack Coat (SS -lh)
6.A/C Overlay (E-3/8 Mix)
7.Pavement Terminations
8.Survey Monument,Type "A"
9.Permanent Paving Marking
10.Delineators
11.Pavement Removals
Ordinance No.683
Page Three of Six
Section 2.Declaration of Intention to Order the Improvement.The
public interest and convenience require and i t is the intention of the
Governing Body to order the Work to be performed as stated herein.All items
of the Work shall be performed as prescribed by the Plans and Specifications
and no assessment for any lot shall exceed its proportion of the Estimate.
For purposes of this Ordinance and of all resolutions,ordinances and notices
pertaining to this Ordinance,the improvement of the Streets as herein
described is hereby designated City of Apache Junction,Arizona,Improvement
District No.STID-8701-1.
Section 3.Determination of Need.In the opinion of the Governing Body,
the Work is of more than local or ordinary public benefit,and the Governing
Body hereby orders that all amounts due or to become due with respect thereto
shall be chargeable upon the respective lots,pieces and parcels of land
within the Assessment District.
Section 4.Exclusion of Certain Property.Any public Street or alley
within the boundaries of the Assessment District is hereby omitted from the
Assessment District.Any lot,the legal owner of which on this date is
belonging to the United States,the state,a county,city,school district or
any political subdivision or institution of the state or county,which is
included within the Assessment District shall be omitted from the assessment
hereafter made except as otherwise agreed between the City and the owner.
Section 5.Determination and Notice of Necessity to Issue Bonds.The
Governing Body finds that the public convenience requires that bonds shall be
issued to represent the costs and expenses of the Work to be assessed upon the
District and determines that bonds shall be issued in the name of the City
payable,however,solely and only out of a special fund collectible from
special assessments levied and assessed upon the lots,pieces and parcels of
land within the Assessment District in not to exceed ten (10)annual principal
installments from the assessments of $25.00 or over remaining unpaid as of the
end of the cash collection period.
The Bonds shall mature on the first day of January in the years and in
amounts to be set by the Governing Body prior to their issuance.Principal
installment of the Assessment shall be due on the first day of December
immediately preceding the maturity date of any Bonds,installments of interest
shall be due on the first day of June and December.
Said Bonds shall bear interest at the rate of not to exceed 13%per
annum,payable on the first day of January and July of each year.
Section 6.Bond Anticipation Notes.The Governing Body reserves the
right to issue bond anticipation notes pursuant to Section 48-618,A.R.S.The
Governing Body also reserves the right to retain any Bonds which may be issued
and to sell the same for cash to pay the contractor the amounts due i t in
cash.
Section 7.Establishment of Grade.The grades and elevations for the
Streets are hereby officially changed to correspond with the grades and
elevations shown on the Plans.
Ordinance No.683
Page Four of Six
Section 8.Statutory Authority.The Work and all proceedings pertaining
thereto shall be performed under the provisions of Title 48,Chapter 4,
Article 2,Arizona Revised Statutes,and all amendments thereto.
Section 9.City Participation.As the City contribution,the City will
construct certain portions of the work estimated by the District Engineer to
be at a cost of $579,251.
Section 10.Protests,Objections to Extent of Assessment District.The
owners of property within the Assessment District may file written protests
against the construction of the Work or objections to the extent of the
Assessment District.Said protests or objections shall be filed with the
Clerk of the City of Apache Junction,1001 North Idaho Road,Apache Junction,
Arizona 85219.Said protests or objections must be filed within fifteen (15)
days after the last publication of this Ordinance,or within fifteen (15)days
after the completion of posting of the Notices of Proposed Improvement
whichever date is later.
Section 11.Delegation of Authority.The District Engineer and the
Superintendent of Streets are hereby authorized to fill in any blanks and to
make any minor corrections necessary to complete the Plans and the
Specifications and Contract Documents.
Section 12.Right to Reduce Scope of Work.If,because of pending or
threatened litigation concerning any one or more parcels subject to
assessment,the City and the winning bidder receive a written opinion of Bond
Counsel stating that bonds cannot be issued against such parcel or parcels or
the City is unable to obtain any right-of-way necessary for the construction
of the Work,the City may then cause the construction contract to be modified
to exclude from the applicable contract some or all of the Work which will
benefit the parcel or parcels in question,or which was located in the right-
of-way which was not obtained.The filing of a certificate and request that
no bonds be issued against any parcel pursuant to Section 48-540 and Section
48-597,Arizona Revised Statutes,may be deemed to be threatened litigation.
Section 13.Approval of Assessment Diagrams.Those certain duplicate
diagrams of the property contained within the District to be assessed to pay
the costs and expenses of the construction of the Work,as prepared by the
Superintendent of Streets under A.R.S.Section 48-589 and amendments thereto,
and certified upon said diagrams by the Clerk and thereupon said diagrams
shall be delivered to the Superintendent of Streets as required by law.
Section 14.Miscellaneous.The Work shall be done and all proceedings
therefore shall be taken.The City Clerk shall cause the Ordinance to be
published and notice of the passage of the Ordinance posed all in accordance
with provisions of A.R.S.Section 48-578.This Ordinance shall be filed with
the Clerk and made a part of the records of the Governing Body.
Section 15.Emergency Clause.I t is necessary for the preservation of
the peace,health and safety of the City of Apache Junction,Arizona,that
this ordinance becomes effective immediately,an emergency is hereby declared
to exist and this ordinance shall be effective immediately upon passage and
adoption.
Ordinance No.683
Page Five of Six
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA THIS 16TH DAY OF JANUARY ,1990.
SIGNED AND ATTESTED TO THIS 16TH DAY OF JANUARY
ATTEST:
.LYKATHLEENCONNELLY
City Clerk
APPROVED AS TO FORM:
DAV F.-NACEX
City'Attorney
Ordinance No.683
Page Six of Six
,1990.
KE ETH BLUNT CHLY
AAMayor
EXHIBIT "A"
SUPERSTITION BLVD.STID. - 8701 - 1
ASSESSMENT DISTRICT MAP
PORTIONS OF SECTIONS 17 &20,T. 1 N.,R. 8 E.,0 & S.R.B. & It,
PINAL COUNTY,ARIZONA
DIDIOTES DISTRICT 11101010ARY
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