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HomeMy WebLinkAboutRES 94-21RESOLUTION NO.94-21 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ORDERING AND DECLARING FORMATION OF WATER UTILITIES COMMUNITY FACILITIES DISTRICT (CITY OF APACHE JUNCTION, ARIZONA). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, as follows: 1.Findings. a.On a date prior to the date of the adoption hereof, there was presented to us, the governing body of the City of Apache Junction, Arizona, an incorporated city of the State of Arizona (hereinafter referred to as the "Municipality"),a Petition for Adoption of a Resolution Declaring Formation of Water Utilities Community Facilities District (City of Apache Junction, Arizona), dated as of even date herewith (hereinafter referred to as the "Petition"), signed by the entity (being the Municipality) which,on the date hereof,is the owner of all real property as shown on the assessment roll for State and county taxes for Maricopa and Pinal Counties, Arizona,or,if such person shown on such assessment roll is no longer the owner of land in the District,is the entity which is the successor owner which has become known and has been verified by recorded deed or similar evidence of transfer of ownership to be the owner of such real property (hereinafter referred to as the "Petitioner") described in the Petition by metes and bounds to be in the community facilities district,the formation of which is prayed for by the Petitioner in the Petition,pursuant to Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as amended (hereinafter referred to as the "Act"). b.The Petitioner has shown the following: I . The name of the community facilities district of which formation is prayed pursuant to the Petition is to be "Water Utilities Community Facilities District (City of Apache Junction, Arizona)"(hereinafter referred to as the "District"), The District is to be formed,and shall exist, pursuant to the terms and provisions of the Act, The District is to contain an area of approximately 21.4750 acres of land, more or less, wholly within the corporate boundaries RESOLUTION NO.94-21 PAGE 1 OF 4 of the Municipality,and is to be composed of the land included in the parcels described by metes and bounds as provided in Exhibit "A" hereto,which is made a part hereof for all purposes (hereinafter referred to as the "Property"), IV. The District is to be a special purpose district for purposes of Article IX,Section 19,Constitution of Arizona,a tax levying public improvement district for the purposes of Article XIII, Section 7,Constitution of Arizona,and a municipal corporation for all purposes of Title 35,Chapter 3, Articles 3,3.1,3.2,4 and 5, Arizona Revised Statutes,as amended;is,except as otherwise provided in the Act,to be considered a municipal corporation and political subdivision of the State of Arizona separate and apart from the Municipality;and is to be formed for,and to have,all the purposes of a "district"as such term is defined,and as provided, in the Act, V. The formation of the District may result in the levy of ad valorem taxes to pay costs of improvements constructed by the District and for their operation and maintenance, VI. A "General Plan for Community Facilities District"for the District has been filed with the Clerk of the Municipality setting out a general description of the improvements for which the District is proposed to be formed and the general areas to be improved (hereinafter referred to as the "General Plan"),and VII. Public convenience and necessity require the adoption of this Resolution. c.The Petitioner further attested and declared that on the date hereof,as shown on the assessment roll for State and county taxes in Maricopa and Pinal Counties,Arizona,all of the land to be in the District is owned by the Petitioner and that the land to be included in the District shall be benefited from the improvements for which the District is proposed to be formed and that there are no residents on the land to be in the District,and by this Resolution,as the governing body of the Petitioner, we hereby resolve that the foregoing is true and correct in all and every respect. d.After showing the preceding, the Petitionerrespectfullyprayed that the Petition be properly filed as provided by law and that,as the Petition is signed on behalf of the owner of all the land to be in the District,any RESOLUTION NO.94-21 PAGE 2 OF 4 requirements of posting,publication,mailing,notice,hearing and election otherwise required by the Act in connection with the adoption of this Resolution are waived,on receipt of the Petition,we declare the District formed without being required to comply with such provisions for posting,publication, mailing, notice,hearing or election. 2.Matters Noticed by the Municipality. a.The Petitioner seeks formation of the District to exercise the powers and functions set forth in the Act. b.The General Plan has been filed with the Clerk of the Municipality. c.The Petition and all necessary supporting materials have been filed with us,and the showings in the Petition are each noticed by us and are hereby incorporated at this place as if set forth hereat in whole and as if made by us. d.The purposes for which organization of the District is sought are as described in the Petition and are purposes for which a district created pursuant to the Act may be lawfully formed. e.The public convenience and necessity require us to adopt this Resolution. 3.Approval of the General Plan.The General Plan as submitted herewith is hereby approved in all respects. 4.Granting of Petition;Formation of District.The Petition is hereby granted,and the District is hereby formed as a district pursuant to the terms and provisions of,and with the powers and authority established by,the Act,with jurisdiction over the Property and that,as there are no residents on the land to be in the District,approval of formation of the District by an election of resident electors is hereby found to be unnecessary. 5.District Board and Officers.The District shall be governed by a "District Board"comprised of the members of the governing body of the Municipality,ex officio.The Mayor of the Municipality shall be the "Chairperson of the District Board",the Vice Mayor of the Municipality shall be the "Vice Chairperson of the District Board", the Clerk of the Municipality shall be the "District Clerk", the Treasurer of the Municipality shall be the "District Treasurer",and the Manager of the Municipality shall be the "District Manager." 6.District Boundaries and Map.The District boundaries are as described in metes and bounds in Exhibit "A" to the Petition.A map showing the District boundaries is hereby ordered to be drawn and provided by the District Engineer. RESOLUTION NO.94-21 PAGE 3 OF 4 APP 7.Dissemination of this Resolution.The Petitioner shall cause a copy of this Resolution to be delivered to the County Assessor and the Boards of Supervisors of Maricopa and Pinal Counties, Arizona,and to the Department of Revenue of the State of Arizona. 8.No General Liability of or for the Municipality.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. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 2ND DAY OF AUGUST ,1994. SIGNED AND ATTESTED TO THIS 3RD DAY OF JEAN,PERKINS Ma ATTEST: 4.,J(Lif.4Z1j7; ELLYKATHLEEN CONNELLY City Clerk //./ 1aiXZ_Ips/i4A GLE4N -J.'4IMBUT Cltv Attorne AUGUST ,1994. ATTACHMENTS':EXHIBIT A --Legal Description of Property to Be Included in the District RESOLUTION NO.94-21 PAGE 4 OF 4 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT All that certain parcel or tract of land lying wholly within the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 4,Township 1 South,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County,Arizona,and being more particularly described as follows. Commencing at the North Quarter Corner of said Section 4,the Point of Beginning,which bears DUE EAST (Assumed),a distance of 2,643.07 feet to the Northeast Section Corner of said Section 4; thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence DUE EAST,a distance of South 44°-02'-18"West, South 23°-59'-05"West, South 49°-27'-02"West, South 77°-53'-11"West, South 44°-08'-49"West, South 61°-12'-40"West, South 64°-00'-15"West, South 46°-14'-40"West, South 82°-51'-41"West, North 84°-03'-21"West, North 15°-32'-57"West, 9°-09'-04"East,a distance of 68.71 feet; 32°-48'-00"East,a distance of 73.54 feet; 12°-43'-44"East,a distance of 88.13 feet; 21°-22'-42"East,a distance of 72.47 feet; thence North 40°-53'-15"East,a distance of 40.23 feet; thence North 14°-10'-10"East,a distance of 84.58 feet; thence North 42°-01'-36"East,a distance of 130.00 feet; thence North 19°-16'-55"East,a distance of 91.44 feet; thence North 27°-47'-33"East,a distance of 204.79 feet; to a point in the north section line of said Section 4,said point bears DUE WEST,a distance of 1,373.22 feet to the Northwest Section Corner of said Section 4;thence DUE EAST along the north section line of said Section 4,a distance of 1,269.85 feet to the Point of Beginning,containing 21.4750 acres more or less. North North North North 115.52 feet; a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance A-1 of 185.63 feet; of 93.33 feet; of 273.75 feet; of 137.10 feet; of 222.76 feet; of 87.45 feet; of 149.03 feet; of 188.61 feet; of 242.10 feet; of 480.88 feet; of 45.54 feet; PETITION FOR ADOPTION OF A RESOLUTION ORDERING AND DECLARING FORMATION OF WATER UTILITIES COMMUNITY FACILITIES DISTRICT (CITY OF APACHE JUNCTION,ARIZONA) STATE OF ARIZONA COUNTIES OF MARICOPA/PINAL ) CITY OF APACHE JUNCTION THE OWNER OF ALL OF THE LAND (hereinafter referred to as "Petition- er")in the parcels hereinafter described by metes and bounds,acting pursuant to the provisions of Title 48,Chapter 4,Article 6,Arizona Revised Statutes, as amended (hereafter referred to as the "Act"),respectfully petitions The Honorable City Council (hereinafter referred to as the "Council") of the City of Apache Junction,Arizona (hereinafter referred to as the "Municipality"),to adopt a resolution (hereinafter referred to as the "Resolution")declaring and ordering formation of a community facilities district (hereinafter referred to as the "District")and would respectfully show the following: I . The name of the District is to be "Water Utilities Community Facili- ties District (City of Apache Junction,Arizona)," The District is to be formed,and shall exist,pursuant to the terms and provisions of the Act, The District is to contain an area of approximately 21.4750 acres of land,more or less,wholly within the corporate boundaries of the Municipality, and is to be composed of the land included in the parcels described by metes and bounds as provided in Exhibit "A"hereto,which is made a part hereof for all purposes. IV. The District is to be a special purpose district for purposes of Article IX, Section 19, Constitution of Arizona, a tax levying public improvement district for the purposes of Article XIII,Section 7,Constitution of Arizona, and a municipal corporation for all purposes of Title 35,Chapter 3, Articles 3, 3.1,3.2,4 and 5, Arizona Revised Statutes,as amended;is,except as otherwise provided in the Act,to be considered a municipal corporation and political subdivision of the State of Arizona,separate and apart from the Municipality; and is to be formed for,and to have,all the purposes of a "district"as such term is defined,and as provided,in the Act, V. The formation of the District may result in the levy of ad valorem taxes to pay costs of improvements constructed by the District and for their operation and maintenance, VI. Before the Resolution is adopted,a "general plan"(as such term is defined in the Act) for the District shall be filed with the Clerk of the Munici- pality setting out a general description of the improvements for which the District is proposed to be formed and the general areas to be improved,and VII. Public convenience and necessity require the adoption of the Resolu- tion; 2 WHEREFORE,Petitioner attests and declares that on the date hereof, as shown on the assessment roll for State and county taxes in Maricopa and Pinal Counties,Arizona,all of the land to be in the District is owned by Petitioner •or,if a person listed 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 Petitioner and that there are no residents on the land to be in the District; and WHEREFORE,Petitioner attests and declares that the land to be included in the District shall be benefited from the improvements for which the District is proposed to be formed;and WHEREFORE,as this Petition is signed on behalf of the owner of all the land to be in the District,any requirements of posting,publication,mail- ing,notice,hearing and election otherwise required by the Act in connection with adoption of the Resolution are waived,and the Council shall,on receipt of this Petition, declare the District formed without being required to comply with such provisions for posting,publication,mailing,notice,hearing or election; and WHEREFORE,Petitioner respectfully prays that this Petition be properly filed as provided by law;that the Council adopt the Resolution and declare and order the District formed without being required to comply with the provisions for posting,publication,mailing,notice,hearing and election otherwise required by the Act in connection with the Resolution;and that such other orders, acts, procedure and relief as are proper, necessary and appropriate to the purposes of organizing the District and to the execution of the purposes 3 for which the District shall be organized be granted as the Council shall deem proper and necessary. RESPECTFULLY SUBMITTED this 4k4 day of August,1994. CITY OF APACHE JUNCTION,ARIZONA,a municipal corporation incorporated and existing pursuant to the laws of the State of Arizona as owner of the herein described real property By. k.. J;,/Perkins,Mayor /r ATTACHMENT: EXHIBIT "A"--Legal Description Of Property To Be Included In The District 4 STATE OF ARIZONA COUNTY OF PINAL )ss. The foregoing instrument was acknowledged before me this 02°90/day of August,1994,by veL/2 ,Mayor of the City of Apache Junction,Arizona,an Arizona municipal corporation. IN WITNESS WHEREOF,I have hereunto set my hand and official seal. My Commission Expires: .2-e)4 77 7 5 Notary Public ,111.1 .1P1.111:711 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT All that certain parcel or tract of land lying wholly within the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 4,Township 1 South,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County,Arizona,and being more particularly described as follows. Commencing at the North Quarter Corner of said Section 4,the Point of Beginning,which bears DUE EAST (Assumed),a distance of 2,643.07 feet to the Northeast Section Corner of said Section 4; thence thence thence thence thence thence thence thence thence thence thence thence thence thence :thence thence thence North 400-53'-15" thence North 14°-10'-10" thence North 42°-01'-36" thence North 19°-16'-55" thence North 27°-47'-33" DUE EAST,a distance of 115.52 feet; South 44°-02'-18"West,a distance of 185.63 feet; South 23°-59'-05"West,a distance of 93.33 feet; South 49°-27'-02"West,a distance of 273.75 feet; South 77°-53'-11"West,a distance of 137.10 feet; South 44°-08'-49"West,a distance of 222.76 feet; South 61°-12'-40"West,a distance of 87.45 feet; South 64°-00'-15"West,a distance of 149.03 feet; South 46°-14'-40"West,a distance of 188.61 feet; South 82°-51'-41"West,a distance of 242.10 feet; North 84°-03'-21"West,a distance of 480.88 feet; North 15°-32'-57"West,a distance of 45.54 feet; North 9°-09'-04"East,a distance of 68.71 feet; North 32°-48'-00"East,a distance of 73.54 feet; North 120-43 1-44"East,a distance of 88.13 feet; North 21°-22'-42"East,a distance of 72.47 feet; East,a distance of 40.23 feet; East,a distance of 84.58 feet; East,a distance of 130.00 feet; East,a distance of 91.44 feet; East,a distance of 204.79 feet; to a point in the north section line of said Section 4,said point bears DUE WEST,a distance of 1,373.22 feet to the Northwest Section Corner of said Section 4;thence DUE EAST along the north section line of said Section 4,a distance of 1,269.85 feet to the Point of Beginning,containing 21.4750 acres more or less. A-1 GENERAL PLAN FOR THE PROPOSED WATER UTILITIES COMMUNITY FACILITIES DISTRICT (CITY OF APACHE JUNCTION,ARIZONA) TO:CLERK,CITY OF APACHE JUNCTION,ARIZONA For the purposes of Section 48-702(B), Arizona Revised Statutes, as amended (the "Act"),the following is the general plan for the proposed,captioned district: GENERAL AREA TO BE IMPROVED WITHIN THE PROPOSED CAPTIONED DISTRICT: All that area described in Exhibit "A"attached hereto and made a part hereof for all purposes as well as all that area also provided potable water service by Consolidated Water Utilities,Inc. GENERAL DESCRIPTION OF THE PUBLIC INFRASTRUCTURE IMPROVEMENTS FOR WHICH THE PROPOSED,CAPTIONED DISTRICT IS PROPOSED TO BE FORMED: Water systems for domestic,industrial,irrigation,municipal or fire protection proposes including production, collection, storage, treatment, trans- port,delivery,connection and dispersal,but not including facilities for agricultural irrigation purposes unless for the repair or replacement of existing facilities when required by other improvements permitted by the Act,being more particularly the acquisition, converting, renovating and improving of the exist- ing facilities,to include in initial part particularly,but not by way of limitation,the facilities described in Exhibit "B"attached hereto and made a part hereof for all purposes. DATED:JULY 27,1994 ATTACHMENTS: EXHIBIT "A"--Legal Description Of Property To Be Included In The District EXHIBIT "B"--Description Of Infrastructure Projects To Be Acquired, Convert- ed,Renovated and Improved EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT All that certain parcel or tract of land lying wholly within the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 4,Township 1 South,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County,Arizona,and being more particularly described as follows. Commencing at the North Quarter Corner of said Section 4,the Point of Beginning,which bears DUE EAST (Assumed),a distance of 2,643.07 feet to the Northeast Section Corner of said Section 4; thence DUE EAST,a distance of 115.52 feet; thence South 44°-02'-18"West,a distance of 185.63 feet; thence South 23°-59'-05"West,a distance of 93.33 feet; thence South 49°-27'-02"West,a distance of 273.75 feet; thence South 77°-53'-11"West,a distance of 137.10 feet; thence South 44°-08'-49"West,a distance of 222.76 feet; thence South 61°-12'-40"West,a distance of 87.45 feet; thence South 64°-00'-15"West,a distance of 149.03 feet; thence South 46 0-14'-40"West,a distance of 188.61 feet; thence South 82°-51'-41"West,a distance of 242.10 feet; thence North 84°-03'-21"West,a distance of 480.88 feet; thence North 15°-32'-57"West,a distance of 45.54 feet; thence North 9°-09'-04"East,a distance of 68.71 feet; thence North 32°-48'-00"East,a distance of 73.54 feet; thence North 12°-43'-44"East,a distance of 88.13 feet; thence North 21°-22'-42"East,a distance of 72.47 feet; thence North 40 0-53 1-15"East,a distance of 40.23 feet; thence North 14°-10'-10"East,a distance of 84.58 feet; thence North 42°-01'-36"East,a distance of 130.00 feet; thence North 19°-16'-55"East,a distance of 91.44 feet; thence North 27 0-47 1-33"East,a distance of 204.79 feet; to a point in the north section line of said Section 4,said point bears DUE WEST,a distance of 1,373.22 feet to the Northwest Section Corner of said Section 4;thence DUE EAST along the north section line of said Section 4,a distance of 1,269.85 feet to the Point of Beginning,containing 21.4750 acres more or less. A-1 EXHIBIT B DESCRIPTION OF INFRASTRUCTURE PROJECTS TO BE ACQUIRED,CONVERTED,RENOVATED AND IMPROVED All real and personal property of every kind,nature,or description, whatsoever,comprising that water utilities system known as the Apache Junction Division of Consolidated Water Utilities,Ltd.,an Arizona Limited Partnership as shown in the Utility Annual Report for the year ending December 31,1992 on file with the Arizona Corporation Commission,Utilities Division,1200 West Washington,Phoenix,Arizona 85001,and in Schedules A and B as filed in Bank- ruptcy Case No. 93-06643-PHX-GBN, United States Bankruptcy Court for the District of Arizona,230 North First Avenue,Phoenix,Arizona,85025. B-1 When recorded,please return to: Michael Cafiso,Esq. One East Camelback Road Suite 1100 Phoenix,Arizona 85012-1656