Res No 43-26 MID 2019-005 Enlargement to include Westpark Phase II Parcel 7N.pdf
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1 WHEN RECORDED, RETURN TO: City of Buckeye ATTN: City Clerk, Lucinda J. Aja 530 East Monroe Avenue Buckeye, Arizona 85326 RESOLUTION NO. 43-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, ACCEPTING A PETITION FOR ENLARGING MID-2019- 005 TO INCLUDE WESTPARK PHASE II PARCEL 7N DEVELOPMENT AND ORDERING THE RECORDING AND FILING OF THIS RESOLUTION. WHEREAS, the Mayor and Council of the City of Buckeye, Arizona (the “City”) passed and adopted a resolution ordering the formation of City of Buckeye Maintenance Improvement District No. MID-2019-005 (the District”), for the purpose to operate, maintain, repair and improve Parkings, Parkways, Retention Basins and Detention Basins within, adjacent to, or that serve the District, as it now exists or is hereafter dedicated, constructed, modified or enlarged, and public Landscaping, street lights, all headwalls, pumps, piping, canals, washes, ditches, storm drain inlets, scuppers, dry wells, and other adjuncts and appliances related to such Parkings, Parkways, Retention Basins and Detention Basins within and adjacent to the District; and WHEREAS, the owner of certain property adjoining the District has filed a petition seeking to enlarge the District to include the property described in the attached Exhibits A, B, and C (collectively, the “Annexed Area”); and WHEREAS, by this Resolution the City Council of the City of Buckeye will Enlarge the District by adding the Annexed Area to the District; and WHEREAS, as authorized by Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and all amendments thereto including, without limitation, the Mayor and Council hereby find and determine that they have jurisdiction to add new territory to the District and hereby order the enlargement of the District to include the property described in the Attached Exhibits A, B, and C. WHEREAS, in the Petition the signer waived all protests against the proposed Work, all objections to the extent of the District, and all publication, posting and mailing of the Resolution of Intention and this Resolution. BE IT RESOLVED by the Mayor and Council of the City of Buckeye, Arizona, as follows: Section 1. District Enlargement. The District is enlarged by the addition of the Annexed Area, as shown on Exhibits A, B, and C attached hereto and incorporated by reference into this Resolution. The Assessor’s parcel number shown on Exhibit B is for convenience only. If either the legal description set forth in Exhibit A or the Assessor’s parcel number sent forth in Exhibit B conflict with Exhibit C, Exhibit C shall govern and be determinative of a parcel’s inclusion within, or exclusion from, the District, subject to the restrictions of Section 2 of this Resolution. 2 Section 2. Excluded Property; Annual Tax. No publicly owned land or property owned by a homeowners’ association will be liable to pay any portion of the District’s costs and expenses. The annual tax levied upon the District will remain in full force and effect and will apply to the District as enlarged by this Resolution. The District taxes will continue to be levied based on the number and classification of non-public parcels within the enlarged District, excluding those parcels which are publicly owned or owned by a homeowners’ association. Section 3. Recording and Filing. The City Clerk is ordered and directed to cause a certified copy of this Resolution to be recorded in the office of the Maricopa County Recorder within ten (10) days of the adoption of this Resolution. The city Clerk is further ordered and directed to file certified copies of this Resolution with the Arizona Department of Revenue (the “Department”) and the Maricopa County Assessor, as required by A.R.S. § 42-17257, together with all other information prescribed by the Director of the Department relating to the boundaries of newly created taxing jurisdictions. Section 4. Extension for Filing. If either the formation of the District occurs after November 1 of the year preceding the year in which initial assessments are to be levied, or the resolution ordering the Work is not filed with both the Arizona Department of Revenue and the Maricopa County Assessor prior to such deadline, the Mayor and Council hereby request, subject to the November 30 deadline for such request as provided in A.R.S. § 42-17257(B), that the Director of the Arizona Department of Revenue extend the deadline prescribed by A.R.S. § 42-17257 to December 20, 2026. Section 5. The Mayor, City Manager, City Attorney, and City Clerk are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this 5th day of May, 2026. ___________________________________ Eric W. Orsborn, Mayor ATTEST: __________________________________ Lucinda J. Aja, City Clerk APPROVED AS TO FORM: __________________________________ Tosca Henry, City Attorney Attachments: Exhibit A – Legal Description Exhibit B – Assessor’s Parcel Number and Owner’s Name Exhibit C – Boundary Map 3 CERTIFICATION I, Lucinda J. Aja, the duly appointed and acting Clerk of the City of Buckeye, Arizona, do hereby certify that the above and foregoing Resolution No. 43-26 was duly passed by the Mayor and Council of the City of Buckeye, Arizona, at a City Council meeting held on May 5,2026 and the vote was ___ ayes, ___ nays, ___ recused, and were absent and that the Mayor and ___ Council Members were present thereat. DATED: May 5, 2026. __________________________________ Lucinda J. Aja, City Clerk 4 EXHIBIT A Legal Description (consisting of 3 pages) 5 EXHIBIT B Assessor’s Parcel Number and Owner’s Name (consisting of 6 pages) 6 EXHIBIT C Boundary Map (consisting of 2 pages)