Ordinance 12- 26 Amendment to Code 20-13 Final.pdf

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WHEN RECORDED, RETURN TO:   
 
City of Buckeye 
ATTN: City Clerk, Lucinda J. Aja   
530 East Monroe Avenue   
Buckeye, Arizona 85326   
 
ORDINANCE NO. 12-26 
 
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, 
ARIZONA, 
AMENDING 
CHAPTER 
20, 
OFF-SITE 
CONSTRUCTION 
IMPROVEMENT REQUIREMENTS FOR PROPERTY DEVELOPMENT, BY 
REPEALING SECTION 20-13, SCALLOPED STREET ASSESSMENTS, 
SECTION 
20-13-1, HEARING 
PROCEDURE; 
DETERMINATION 
OF 
NECESSITY,  SECTION 20-13-2, ASSESSMENTS, SECTION 20-13-3, RIGHT-
OF-WAY, SECTION 20-13-4, COLLECTING UNPAID ASSESSMENTS AT TIME 
OF 
DEVELOPMENT, 
AND 
ADOPTING 
SECTION 
20-13, 
STREET 
IMPROVEMENTS COSTS BEFORE DEVELOPMENT, SECTION 20-13-1, 
DETERMINATION OF NECESSITY AND INITIATION PROCEDURE, SECTION 
20-13-2, ASSESSMENTS, SECTION 20-13-3, RIGHT-OF-WAY COSTS, 
SECTION 20-13-4, COLLECTION OF ASSESSMENT AT THE TIME OF 
DEVELOPMENT,  SECTION 20-13-5, APPEALS, AND SECTION 20-13-6, 
REPAYMENT AGREEMENT; PROVIDING FOR REPEAL OF CONFLICTING 
ORDINANCES; AND PROVIDING FOR SEVERABILITY. 
 
WHEREAS, The Mayor and City Council of the City of Buckeye, Arizona (“City”) are 
authorized by City Code Chapter 2, Article 2-5, Section 2-5-4 to adopt and/or amend all 
ordinances necessary or proper for the carrying into effect of the powers vesting in the City; and 
 
WHEREAS, the Mayor and City Council believe that it is in the best interest of the City to 
amend certain sections of Chapter 20 of the City Code applicable to the City’s Scalloped Street 
Assessments, which sets forth the process for the City to improve streets at its initial expense 
and to assess adjacent property, in order to allow the City to recover such costs prior to 
development of the adjacent property, as authorized pursuant to Arizona Revised Statutes §§ 9-
243 and 9-276. 
 
BE IT ORDAINED by the Mayor and Council of the City of Buckeye, Arizona, as 
follows: 
 
Section 1. The foregoing recitals are incorporated as if fully set forth herein. 
 
Section 2. The City Code, Chapter 20, Off-Site Construction Improvement Requirements 
For Property Development, is hereby amended, by repealing Section 20-13, Scalloped Street 
Assessments, Section 20-13-1, Hearing Procedure; Determination of Necessity,  Section 20-13-
2, Assessments, Section 20-13-3, Right-Of-Way, Section 20-13-4, Collecting Unpaid 
Assessments at time of Development, and, further, adopting Section 20-13, Street 
Improvements Costs Before Development, Section 20-13-1, Determination of Necessity and 
Initiation Procedure, Section 20-13-2, Assessments, Section 20-13-3, Right-Of-Way Costs, 
Section 20-13-4, Collection of Assessment at the Time of Development,  Section 20-13-5, 
Appeals, and Section 20-13-6, Repayment Agreement, in the form on file with the City Clerk and 
incorporated herein by this reference.

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Section 3.  All ordinances and parts of ordinances in conflict with the provisions of this 
Ordinance are hereby repealed. 
 
Section 4.  If any section, subsection, sentence, clause, phrase or portion of this 
Ordinance is for any reason held invalid or unconstitutional by the decision of any court of 
competent jurisdiction, such decision shall not affect the validity of the remaining portions 
thereof.  
 
Section 5.  The Mayor, City Manager, City Clerk, and City Attorney are hereby 
authorized and directed to take all steps necessary to carry out the purpose and intent of this 
Ordinance. 
 
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