HomeMy WebLinkAboutRES 99-25RESOLUTION NO.99-25
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 CORTEZ RANCH,A SUBDIVISION,AS RECORDED IN CABINET C.
SLIDE 030 OF THE PINAL COUNTY RECORDER'S OFFICE,PINAL COUNTY,
ARIZONA;ALL WITHIN THE CITY LIMITS OF APACHE JUNCTION,PINAL
COUNTY,ARIZONA,PURSUANT TO ARIZONA REVISED STATUTES ANNOTATED
("ARS")§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 THE 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
electricity which includes a charge for the use of lighting facilities within
the area bounded by and described as Cortez Ranch,Subdivision,as recorded in
Cabinet C,Slide 030,of the Pinal County Recorder's Office,Pinal County,
Arizona (See attached map,Exhibit A).
SECTION 2
The cost of the electricity shall be the established rate of the applicable
energy provider for street lighting service together with applicable taxes and
adjustments.
SECTION 3
That the lighting of the street in the area described in Section I of this
Resolution shall be in accordance with the plan hereby approved and adopted by
the Council of the City of Apache Junction,Arizona,and on file in the City
Resolution No.99-25
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Engineering Department,known as the Apache Junction Street Light Improvement
District No.9801-2.
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.§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.§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.99-25
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ARIZONA,THIS 15TH DAY OF JUNE 1999.
SIGNED AND ATTESTED TO THE 15TH DAY OF JUNE ,1999.
DOUGLAS GtLEMAN
MAYOR
ATTEST:
KATHLEEN CONNELLY
CITY CLERK
APPROVED AS TO FORM:
99
RICHARD J.STERN
CITY ATTORNEY
Resolution No.99-25
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