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Home My WebLink AboutRES 23-26 LC OFFICIAL RECORDS 'ZPINALcouNTY RECORDER .0 Dan*Lewis For tax Purposes: DATErT1 11130/2023 1630 EXEMPTPER FEE $1500 FEE NUMBER2023-087133 When recorded,rail to: City f Apache Junction Public Works Department 575 Ea Baseline Ave Apache Junction,AZ 85119 STREELIGHT IMPROVEMENT DISTRICT NO. 2023-SV-BR-1 RESOLUTION INTENTION TO FORM RESOLUTION NO. 23-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ACCEPTING A PETITION, WAIVER AND CONSENT, AND THE INTENTION TO FORM A MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICT IN THE CITY OF APACHE JUNCTION TO BE DESIGNATED AS "CITY OF APACHE JUNCTION STREET LIGHTING IMPROVEMENT DISTRICT NO. 2023- SV-BR-1"; DECLARING FUNDING TO CONTRACT FOR THE PURCHASE OF ENERGY FOR THE STREET LIGHTS BE BY ANNUAL LEVY OF TAXES OR ASSESSMENTS EQUALLY APPORTIONED UPON ALL OF THE PROPERTY OWNERS OF THE DISTRICT; AND PROVIDING THE LIGHTING OF PUBLIC STREETS AND PARKS WITHIN AND ADJACENT TO STREETS IN THE PROPOSED DISTRICT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1 . Acceptance and Findings . A petition (the "Petition") for the formation of the City of Apache Junction Street Lighting Improvement District ("SLID") No. 2023-SV-BR-1 (the "District") (see Map of District Boundaries, respectively Exhibit A) to purchase, and not generate, energy for street or public park lighting within the District and adjacent streets, has been filed with the city clerk and presented to the mayor and city council at the meeting at which this resolution was adopted. The Petition purports to be signed by all of the real property owners in the proposed District, exclusive of mortgagees and other lienholders . After verification of such ownership, the mayor and city council find pursuant to Arizona Revised Statutes ("A.R.S.") § 48-615 (A) that the Petition was signed by all of the real property owners in the proposed District, exclusive of mortgagees and other lienholders . 2 . Declaration of Intention to Order Formation of the District . The public interest and convenience require and it is the intention of the mayor and city council to order the work through formation of the District pursuant to A.R. S. Title 48, Chapter 4, Article 2 . The District' s sole purpose shall be the purchase, not generation, of energy to operate the street lighting system as it now exists or is hereafter enlarged. The phrase "street lighting system" shall mean all publicly owned street and traffic lights and all wire, apparatus and other facilities now in place or hereafter constructed or acquired 'for the lighting of public streets and parks within the District and on adjacent streets . For purposes of this resolution and of all resolutions, RESOLUTION NO. 23-26 Page 1 of 3 ordinances and notices pertaining hereto, the SLID shall be known as and is hereby designated "City of Apache Junction Street Lighting Improvement District No. 2023-SV-BR-1" . 3 . Statutory Authority; Payment of Incidental Expenses . All proceedings pertaining to the District is authorized by A.R. S. Title 48, Chapter 4, Article 2, and all amendments thereto including, without limitation, §§ 48-616 and 48-617 . All incidental expenses shall become the obligation of the District, unless paid for by the signers of the Petition. The phrase "incidental expenses" shall mean the costs of posting, publication, recording and legal fees associated with the formation of the District and the annual levy of taxes . 4 . Protests, Objections, Waiver. In the Petition, the signers have made written consents and waivers pertaining to the ordering of the work and to the formation of the District and have specifically waived all protests and objections against formation of the District . City staff has verified such ownership and the mayor and city council find as a fact that all property owners within the District signed such Petition. Therefore, pursuant to A.R.S . § 48-617 (A) , no publication or posting of any notice pertaining to formation of the District will be made which is normally required under A.R.S. §§ 48-575 (C) and 48-578 . 5 . Engineer' s Estimate. As financing for the acquisition and construction of the initial street lighting system has been provided, the District' s sole purpose will be to purchase, and not generate, energy to operate the street lighting system. All owners of land within the District who signed the Petition waived the filing of an engineer' s estimate and no engineer' s estimate has been filed with the city clerk. 6. Determination of Type of Lighting and Consideration of the Rate to be Paid. The type of lighting shall be the type now in place within the District which now comprises the street lighting system or such lighting facilities as may be required in the future by city engineering staff or some other entity for use within the District . The mayor and city council agree that the current rate to be paid for purchasing energy for the proposed district per street light per month and per kilowatt hour is set by the public service entity which provides the energy to .light the streets (currently Salt River Project) and may be increased as they or their successors so determine in the future. The estimate of the District' s costs and expenses of purchasing energy for the operation of the street lighting system is subject to change or RESOLUTION NO. 23-26 Page 2 of 3 correction when the actual costs of operation are known and is subject to change due to inflation, new construction or acquisition of additional portions of the street lighting system. 7 . Compliance with City Outdoor Lighting Code. The District shall comply with the provisions of the Apache Junction City Code, Vol . II, Land Development Code, Article 1-10 : Outdoor Lighting Regulations, as amended. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS -4�— DAY OF OL'-6&r , 20 Z7 . SIGNED AND ATTESTED TO THIS DAY OF (j0_4)b4r , 20 23 . ��L& e vj"�' WALTER "CHIP" WILSON Mayor ATTEST: rL't'� pc'6'ack- JE FER NA City Clerk APPROVED AS TO FORM: 10.lC7 Z3 RICHARD J. STERN City Attorney RESOLUTION NO. 23-26 Page 3 of 3 ^ 7 1 1 11 • 11 • 1 ': . 11111111�1l ,ts�♦ Wpm ♦♦��♦•��A/I� AII11111�! ♦ �♦• ..-��i • 11111 11 1� �III�►��,�I7��,�♦��11111111■,�11111�►�� -�� - 111 I��1111111111�I • 1 ' BLOSSOM ROCK - PHASE I WOOD PAT E L 'ISTRICT .: NO 215255.02 - 1 i I N I I 0 125 250 Horz. 1 in.= 250 ft. I I I Csp I GOLDEN ORE PASS �1 W �Tl I A J.WALTZ WAY 0 0 - - - - 94 , RIDGE ROAD I � I MATCHLINE, SEE SHEET 5 \ BLOSSOM ROCK - PHASE 1 • • 1 STREET LIGHT IMPROVEMENT DISTRICT DATE 6/22/2023 SCALE 1"=250' SHEET 2 OF 5 JOB NO 215255.02 DESIGN BW CHECK DM DRAWN BW MABlossom RocM20211215255.021Dwg1ExhibitsISLID15255.02-SLID.dwg N 0 1, 25 250 Sg Horz. 1 in.= 250 ft. CsOti� ` to ` you' -44 '0 O N g0�yi % s�9 ' \MATCHLINE, SEE SHEET 4 BLOSSOM ROCK - PHASE 1 • • 1 STREET LIGHT IMPROVEMENT DISTRICT DATE 6/22/2023 SCALE 1"=250' SHEET 3 OF 5 JOB NO 215255.02 DESIGN BW CHECK DM DRAWN BW ZABlossom Rock120211215255.020wg1ExhibiLsISLID15255.02-SLID.dwg MATCHLINE, SEE SHEET 3 - s� •W Did GAV • 0�/ .W -� co U - N 0 1, 25 250 Horz. 1 in. = 250 ft. . — RAY AVENUE. . BLOSSOM ROCK - PHASE 1 • • 1 STREET LIGHT IMPROVEMENT DISTRICT DATE 6/22/2023 SCALE 1"=250' SHEET 4 OF 5 JOB NO 215255.02 DESIGN BW CHECK DM DRAWN BW ZA31ossom RocM20211215255.021Dwg1ExhibiLsISLID15255.02-SLID.dwg MATCHLINE, SEE SHEET 2 ol TREASURE TRAIL SADDLE RUN W W q ' PSS O 4� Ia I ILUU vs I 0 125 250 i p Horz. 1 in. = 250 ft. — p U FREMONT PASS I RAY AVENUE BLOSSOM ROCK - PHASE 1 • • 1 STREET LIGHT IMPROVEMENT DISTRICT DATE 6/22/2023 SCALE V=250' SHEET 5 OF 5 JOB NO 215255.02 DESIGN BW CHECK DM DRAWN BW Z.Blossom Rock120211215255.021DwgTxhibitslSLID15255.02-SLID.dwg Home of the Supervition Mountains CERTIFICATE OF RESOLUTION NO. .23- .2 /6 I certify that I am the duly appointed,qualified,and acting CityClerk of the City of p e e Junction, ri do ; that as such, I have n my possessionall of the resolutions y the City Council of the City of Apache Junction, Arizona; and that the attached is a true and correct copy of Resolution No. - which was presented to and adoptedthe City Council on theday of 03 s it appears in' y records. jein etc a tl Vo r ( 82-800 FAX 3 98 -701 -`DD 0 :3-009.a# _� , h � r� �q