HomeMy WebLinkAboutRES 97-34RESOLUTION NO.97-34
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,DECLARING ITS INTENTION TO CREATE A DISTRICT FOR
THE PURPOSE OF PURCHASING ELECTRICITY,WHICH INCLUDES A CHARGE FOR
THE USE OF LIGHTING FACILITIES,FOR STREET LIGHTING WITHIN AN AREA
DESCRIBED AS SUNRISE CANYON,A SUBDIVISION,AS RECORDED IN CABINET
B,SLIDE 158 OF THE PINAL COUNTY RECORDERS OFFICE,PINAL COUNTY,
ARIZONA;ALL WITHIN THE CITY LIMITS OF APACHE JUNCTION,PINAL
COUNTY,ARIZONA,PURSUANT TO A.R.S.48-616 AND 48-617 AND DECLARING
THE PURCHASE OF ELECTRICITY TO BE OF MORE THAN LOCAL OR ORDINARY
PUBLIC BENEFIT,AND THAT THE COST OF SAID ELECTRICITY SHALL BE
ASSESSED ON THAT CERTAIN DISTRICT.
WHEREAS,the City has determined the type of lighting facilities to be
installed and has considered the rate to be paid for purchasing the electricity
for the proposed district;
NOW,THEREFORE,BE IT RESOLVED,by the Council of the City of Apache
Junction,Arizona,as follows:
SECTION 1
That the public interest and convenience requires,and it is the intention of the
governing body of the City of Apache Junction to order the purchase of the
electricity which includes a charge for the use of lighting facilities within
the area bounded by and described as Sunrise Canyon,a Subdivision,as recorded
in Cabinet B,Slide 158,of the Pinal County Recorders Office,Pinal County,
Arizona.
SECTION 2
The cost of the electricity shall be the established rate of the Salt River
Project for street lighting service together with applicable taxes and
adjustments.
SECTION 3
That the lighting of the street in the area described in Section 1 of this
Resolution shall be in accordance with the plan hereby approved and adopted by
the City Council of the City of Apache Junction,Arizona,and on file in the
Resolution No.97-34
Page 1 of 3
Engineering Department,known as the Apache Junction Street Light Improvement
District No.9707-1.
SECTION 4
In no event will the City of Apache Junction or any officer thereof,be liable
for any portion of the cost of supplying electricity to said Improvement
District,nor for any delinquency of persons or property assessed unless,the
assessment for district purposes against the property within such district
exceeds the assessment maximum contained in A.R.S.Section 48-616 (D),in which
event,the City of Apache Junction shall be liable for the cost in excess of said
statutory maximums.
SECTION 5
That said purchase of electricity in the opinion of the City Council of the City
of Apache Junction is of more than local or ordinary benefit,and the cost is
hereby made chargeable upon the District,and the District benefitted by said
street lights is legally described in Section 1.Any portion of any public
street,avenue,alley or right-of-way that may be included in the above described
district is excepted from any such assessment.
SECTION 6
The City Council shall make an annual statement and estimate of the expenses of
the District,which shall be provided for by the levy and collection of the ad
valorem taxes of the assessed value of all property,real and personal,in the
District as provided in A.R.S.Section 48-616(C) and amended thereto, which taxes
shall be collected as county taxes and collected in the amount shown by the
statement and estimate adopted by the City Council.
SECTION 7
The petition was signed by all of the real property owners in the proposed
district,exclusive of mortgagees and other lienholders.The governing body
shall have immediate jurisdiction to adopt the Resolution of Intention pursuant
to provisions of A.R.S.§48-581,without the necessity of the publication and
posting of the Resolution of Intention provided for in A.R.S.§48-578,pursuant
to the provisions of A.R.S.§48-575(C).
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
Resolution No.97-34
Page 2 of 3
ARIZONA,THIS 4TH DAY OF NOVEMBER ,1997.
SIGNED AND ATTESTED TO THE 4TH DAY OF NOVEMBER ,1997.
DOUGLAS PLEMAN
MAYOR
ATTEST:
KATHLEEN CONNELLY
CITY CLERK
APPROVED AS TO FORM:
R.JOEL STERN
CITY ATTORNEY
Resolution No.97-34
Page 3 of 3