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Home My WebLink AboutRES 94-14RESOLUTION NO. 94-14 A RESOLUTION OF INTENTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, TO ADD AN AREA OF LAND TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 WHEREAS, there has been presented to the City Council of the City of Apache Junction, Arizona, a municipal corporation of the State of Arizona (the "Municipality") a request by the Board of Directors of the Superstition Mountains Community Facilities District No. 1 (the "District"), which District is located entirely within the corporate boundaries of the Municipality,that the Mayor and Council adopt a resolution of intention to add an area of land lying wholly within the corporate boundaries of the Municipality to the District, NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, State of Arizona, as follows: Section I Findings The Mayor and City Council of the City of Apache Junction, State of Arizona, hereby finds as follows: (a)On or prior to this date, there was presented to us, the governing body ("Council") of the Municipality, a request by the Board of Directors ("Board")of the Superstition Mountains Community Facilities District No.1 (the "District")that the Council pass a resolution of intention to add an area of land to the District. (b) The District is an Arizona community facilities district formed pursuant to Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as amended ("Act") by Council Resolution No. 92-15, dated July 7, 1992. (c) There have been presented to the District in accordance with the Act Petitions for and Approval of Addition of Land to the Superstition Mountains Community Facilities District No. 1 executed by owners of land located in the existing District and in the proposed area of expansion of the District ("Petitioners").The Petitions are sufficient in all respects to form the basis for, and cause the approval of, this Resolution and to support the expansion of the District. (d) The Petitioners pray for the addition of land to the District pursuant to Arizona Revised Statutes Section 48-714, as amended. (e) Each Petitioner has attested and declared in the Petitions that on the date of the Petition, as shown on the assessment roll for State and county taxes for Pinal County, Arizona, all of the land of such Petitioner in or to be in the District is owned by such Petitioner or, if the person shown on such assessment roll is no longer the owner of land in the District, that the name of the successor owner has become known and has been verified by recorded deed or other similar evidence of transfer of ownership to be a Petitioner. (f) The Petitioners have attested and declared that all of the land to be included in the District shall be benefitted from the improvements for which the District was formed. (g) The District has received from each owner of the land proposed to be added to the District a duly executed application for wastewater service or a duly executed Petition, or both. (h) The owners of more than twenty five percent (25%) of the land proposed to be added to the District, by land area, have duly executed and delivered to the District Petitions for inclusion of such land in the District, pursuant to Arizona Revised Statutes Sections 48-714(B) and 48-702(A). (i) The owners of more than twenty five percent (25%) of the land currently in the District, by land area, have duly executed and delivered to the District Petitions for approving inclusion of the additional lands in the District, pursuant to Arizona Revised Statutes Sections 48-714(B) and 48-702(A). (j) The District is to continue to be governed by a Board comprised of five directors appointed by the Council, and none of these persons is to be a landowner owning more than forty acres in the District,and none is to be an elected official of the Municipality or agent of the landowner or Municipality. (k) Pursuant to the Act, the Board has declared its intention to add an area of land to the District and amend the general plan and has held a public hearing following public notice about the addition of land to the District and amendment of the District's general plan on May 16, 1994, at 1:00 p.m., at the Club House of the Superstition Lookout Travel Trailer Resort,1371 East 4th Avenue, Apache Junction, Arizona.Written objections to the inclusion of land in the area to be added to the District could be filed with the District Clerk at 288 N. Ironwood, #104, Apache Junction, Arizona 85220.Pursuant to the Act, the District Board has deleted from the area of land proposed to be added to the District the lands of owners who requested that their lands not be included in the District,has corrected errors in the legal description of the area of land proposed to be added to the 2 District, has approved the amendment of the District's general plan and has called an election of the resident electors and landowners in the existing District and in the areas of land proposed to be added to the District to approve the addition of land to the District. (1) The election on the issue of addition of land to the District has been set by the District Board for June 21, 1994.The addition of land to the District will not become effective unless and until it is approved in the election by the District's voters in the existing District and in the area proposed to be added to the District pursuant to the Act and until the Board declares the results of the election and expansion of the District following the election.No further approval by the Council of the addition of the land described in this Resolution to the District is required. (m) The expanded District shall exist pursuant to the terms and provisions of the Act. (n) The expanded District will contain an area of more than 600 acres of land wholly within the corporate boundaries of the Municipality, and is to be composed of the land included in the parcels described in Exhibit "A," which is attached hereto and is made a part hereof for all purposes ("Property"). (o) The purpose of the District is to create a wastewater treatment and collection system and related public infrastructure purposes authorized by the Act. (p) A general plan, as amended, for the District is on file with the Clerk of the Municipality. (q) The expansion of the District may result in the levy of taxes to pay for the costs of improvements constructed by the District and for their operation and maintenance. (r) The Board has prayed, and the Council has determined, that the public convenience and necessity require the Council to approve expansion of the District subject to approval of the District's voters. Section II Approval of General Plan. as Amended The General Plan, as amended, is hereby approved in all respects. Section III Intention and Expansion of District The governing body of the Municipality hereby declares its intention to add an area of land to the District.Expansion of the District to have boundaries as set forth in Exhibit "A" is hereby approved,subject to approval of the voters of the District pursuant to the Act.The District, as expanded, shall have all the powers and authority established by the Act.No further approval 3 by the Council of the addition of land to the District to include all of the Property is required. Section IV Map of the District A map showing the boundaries of the expanded District shall be drawn and provided by the District to the Municipality and to such other persons as may be required by law. Section V Dissemination of Resolution / Other Acts The Municipal Clerk shall cause a copy of this Resolution to be delivered to such persons as may be required by law.Any other filings, amendments to filings or other actions by the Municipality or its public officers or employees required by the Act or otherwise necessary or proper to effectuate the addition of land to the District pursuant to this Resolution are hereby authorized and approved. Section VI District Indebtedness Neither the general fund of the Municipality, nor that of the State of Arizona or any political subdivision of either (other than the District)shall be liable for the payment or repayment of any indebtedness of the District, and neither the credit nor the taxing power of the Municipality, the state of Arizona or any political subdivision of either (other than the District) shall be pledged therefor. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF JUNE ,1994. SIGNED AND ATTESTED TO THIS Alm_ DAY OF ATTEST: KATHLEEN CONNELLY City Clerk CiVy Attorney jrThrp %L--0 6(44L,O JEA14g etRKIRS May , 1994. 4