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HomeMy WebLinkAboutRES 93-03RESOLUTION NO.93-03 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,FINDING AND DECLARING THAT ENGAGING IN THE BUSINESS OF OWNING AND/OR OPERATING WATER SYSTEMS INCLUDING BY PURCHASING,ACQUIRING,CON- STRUCTION OR LEASING ALL OR PART OF THE PROPERTIES, WATERWORKS, FACILITIES, UTILITY RENDERING WATER SERVICE WITHIN OR WITHOUT THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION WOULD BE BENEFICIAL TO THE CITIZENS OF SAID CITY;ORDERING THAT THERE SHOULD BE SUBMITTED TO THE VOTERS OF SAID CITY THE QUESTION AS TO WHETHER OR NOT THE CITY OF APACHE JUNCTION SHALL BE AUTHORIZED TO UNDERTAKE SUCH ACQUISITION; PROVIDING THE FORM OF BALLOT TO BE USED AT SAID ELECTION AND DECLARING AN EMERGENCY. WHEREAS,Resolution No.92-29 as adopted by the City Council on the 20th day of October,1992,called for an election on May 18,1993 for the purpose of a general election for candidates for the offices of Mayor and City Council for the City of Apache Junction;and WHEREAS, A.R.S.§9-514 requires the City of Apache Junction to obtain the affir- mative vote of a majority of the qualified electors of the City voting at an election in order to enter into the business of or provide services rendered by water public utilities;and WHEREAS,it is the desire of the Mayor and City Council of the City of Apache Junction to hold such an election and seek such authorization. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, STATE OF ARIZONA,AS FOLLOWS: SECTION I The Mayor and City Council of the City of Apache Junction find and declare that engaging in the business of owning and/or operating water systems including by the construction, lease or acquisition by purchase, eminent domain, or otherwise, of all or part of the properties, plants, facilities, waterworks, rights, assets, systems, water rights, rights -in -land, lines, and equipment of any public service corporation or public utility rendering water service within or without the corporate limits of the City of Apache Junction and, following such construction, lease or acquisition,the purchasing,acquisition,construction or lease of waterworks,plants,systems,wells,pipelines,pumping equipment,conduits, watermains,hydrants,and other equipment suitable for rendering water service within or without the corporate limits of the City would be beneficial to the citizens of the City of Apache Junction. RESOLUTION NO.93-03 Page 1 of 3 SECTION I I The question of whether the City of Apache Junction shall be authorized to undertake the purchasing,acquisition,construction,and/or lease described in Section I above,is ordered to be put upon the ballot at an election to be held on the 18th day of May,1993,for the purpose of submitting said question to a vote of the qualified electors of the City of Apache Junction. SECTION III The election shall be called and notice thereof given by posting a copy of the "Order and Call of Election"in at least five (5)conspicuous places and the polling places in the City of Apache Junction not less than fifteen (15),nor more than thirty (30),days prior to the date of election and by publishing the "Order and Call of Election"at least once in a newspaper published in the City of Apache Junction not less than fifteen (15),nor more than thirty (30),days prior to the date of the election,and that the City Clerk of the City of Apache Junction is hereby authorized and directed to cause the "Order and Call of Election" to be published and posted according to law and the provisions of this Resolution.The "Order and Call of Election"shall be given,posted and pub- lished as hereinabove provided and shall be in substantially the form hereto attached and marked Exhibit "A". SECTION IV The "Official Ballot"Shall be in substantially the form hereto attached and marked Exhibit "B"hereto. SECTION V The polling places and the time the polls will be opened and closed shall be as provided in the "Order and Call of Election". SECTION VI The City Clerk of the City of Apache Junction is hereby authorized and directed to have printed and delivered to the election officials at said polling places, to be by them furnished to the qualified electors,the "Official Ballot".In order to comply with the Voting Rights act of 1965,as amended,the following proceedings pertaining to this election shall be translated into Spanish and posted,published and recorded in each instance where posting,publication and recording of such proceedings are required,to -wit:Order and Call of Election, Official Ballot,all absentee voting material and all instructions at the polls. SECTION VII The election shall be held,conducted and canvassed in conformity with the provisions of the general election laws of the State of Arizona,except as otherwise provided by law,and only such persons shall be permitted to vote at the election who are qualified electors of the City.Early voting shall be RESOLUTION NO.93-03 Page 2 of 3 permitted in accordance with the provisions of Title 16,Chapter 4,Article 8, Arizona Revised Statutes,as amended. SECTION VIII The returns from the election shall be made to the Mayor and City Council of the City of Apache Junction and shall be canvassed and the results thereof certified by the Mayor and City Council of the City of Apache Junction as required by law. SECTION IX WHEREAS,the immediate operation of the provisions of this Resolution sary for the preservation of the public peace,health,and safety,an is hereby declared to exist,and this Resolution shall be in full effect immediately upon passage and adoption,and it is so enacted. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE ARIZONA,THIS 16TH DAY OF FEBRUARY ,1993. SIGNED AND ATTESTED TO THIS 17TH DAY OF FEBRUARY ,1993. ATTEST: KATHLEEN CONNELLY City Cler GLENN J./GIMBUT Cit4 Attorne RESOLUTION NO.93-03 Page 3 of 3 THOMAS DAMIANO Mayor is neces- emergency force and JUNCTION, EXHIBIT "A" ORDER AND CALL OF ELECTION TO THE QUALIFIED ELECTORS OF THE CITY OF APACHE JUNCTION,ARIZONA (THE "CITY"): An election will be held on May 18,1993,at the following precincts' polling places: Precinct Polling Place Precincts 42 and 43 and Superstition Mountain Elementary School Maricopa Precinct Apache 1700 West Broadway Apache Junction,Pinal County,Arizona Precincts 44 and 47 Apache Junction Junior High School 801 West Southern Avenue Apache Junction,Pinal County,Arizona Precincts 45 and 46 Community Christian Church 1150 West Superstition Boulevard Apache Junction,Pinal County,Arizona The polling places will open at 6:00 a.m.and close at 7:00 p.m. The purpose of the election is to permit the qualified electors of the City to vote on the following questions: QUESTION NO.1 Shall the City of Apache Junction, Arizona (the "City"), be authorized to construct,purchase,acquire or lease any plant or property or portion thereof devoted to the business of or services rendered by a water system to enable the City to engage in the business of owning or operating a water system? A-1 Early voting shall be permitted in accordance with the provisions of Title 16,Chapter 4,Article 8,Arizona Revised Statutes as amended. Early voting information and materials may be obtained by contacting the Office of the City Clerk,City of Apache Junction,1001 North Idaho Road, Apache Junction,Arizona,85219,(602)982-8002. ATTEST: Kathleen Connelly,City Clerk City of Apache Junction,Arizona CITY OF APACHE JUNCTION,ARIZONA By Thomas Damiano,Mayor,City of Apache Junction,Arizona A-2 EXHIBIT "B" OFFICIAL BALLOT FOR THE ELECTION TO BE HELD IN THE CITY OF APACHE JUNCTION,ARIZONA,ON MAY 18,1993 QUESTION NO.1 Shall the City of Apache Junction, Arizona (the "City"), be authorized to construct,purchase,acquire or lease any plant or property or portion thereof devoted to the business of or services rendered by a water system to enable the City to engage in the business of owning or operating a water system? Yes NOTICE TO VOTERS: No Only qualified electors of the City of Apache Junction, Arizona,are eligible to vote on the preceding questions. B-1