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HomeMy WebLinkAboutRES 23-06 Home of the Suj)erstition Mountains CERTIFICATE OF RESOLUTION certify that I am the daily appointed,qualified,and acting City Clerk of the City of Apache Junction, Arizona, that as such, I havein iny possessionall of the resolutions as adopted y the City Council ncil of t the City ofApache Junction, Arizona; and that the attached is a true and correct copy of Resolution No. which was presented to and adopted the City Council on the f 20AL, as it appears in my records. �_ OZ ifr r ate City Clerk 0 .Superrr t tion ou r r Apache Jun ti , 1 !6 It' FINAL A OFFICIAL RECORDS OF to Dana LevAs /O 323 123 FED; $15,00 o PAGES: 10 EXEMPT PER FEE NUMBER, 232 22 S A.R.S. - . When recorded, m City of Apache Junction Public 575 E. Baseline Junction,Apache AZ 85119 RESOLUTION NO. 23-06 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-lA-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-lA-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. 23-06 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-lA-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. 23-06 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 -'21 DAY OF -zn a ,--4 , 20 7&. SIGNED AND ATTESTED TO THIS DAY OF /7)62A64 , 20,23 . %1'tlip " .p, WALT R "CHIP" W LSON Mayor ATTEST: E IFER ENA City Clerk APPROVED AS TO FORM: 4�.3 oar RICHARD J. STERN City Attorney RESOLUTION NO. 23-06 Page 3 of 3 EXHIBIT A EXHIBIT "A" IRONWOOD DRIVE SOLINA SECTION 19 AVENUE REVERENCE SE CORNER SEC. 19, NE CORNER ROAD Lli o > r SEC. 30, T1 S R8E ao PROJECT APACHE o Z o Of SITE JUNCTION o 0 N ¢� ¢ o J o E RAY AVENUE PINAL z Q z Q COUNTY SECTION I 30 VICINITY MAP NOT TO SCALE T1 S, R8E O-z-� AP OVAL 19 S 1/4 CORNERA/ - SEC. 19, N 1/4 3 APACHE JUNCTION DEVELOPMENT DATE CORNER SEC. 30,T1 S, R8E SERVICES PRINCIPAL ENGINEER ENG�RoP� ��vER LEGEND LED STREETLIGHT* *4,000 LUMEN LED STREETLIGHT TO BE PARCEL 19.2 INSTALLED ON LOCAL RESIDENTIAL PARCEL 19.12 F= SHEET 3 STREETS, REVERENCE ROAD, AND SHEET 4 SOLINA AVENUE. w zz PARCEL 19.1 W PARCEL 19.13 SHEET 2 a Q SHEET 5 a SW CORNER SEC. z 19, NW CORNER O SEC. 30, T1 S, R8E co SEC. CORNER SEC. 24, MERIDIAN ROAD T1 S, R7E PROJ.NO.: 1635 SUPERSTITION VISTAS PHASE 1 A DATE: JAN 2023 APACHE JUNCTION, ARIZONA ,,,, SCALE: N.T.S. 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