Resolution 53-25 Creation SLID 2025-005 CatClaw.pdf
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1 WHEN RECORDED RETURN TO: City of Buckeye ATTN: Lucinda J. Aja, City Clerk 530 East Monroe Avenue Buckeye, Arizona 85326 RESOLUTION NO. 53-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, ORDERING THE WORK AS DESCRIBED IN RESOLUTION NO. 52-25 AND FORMING CITY OF BUCKEYE STREET LIGHTING IMPROVEMENT DISTRICT NO. SLID-2025-005; AND ORDERING THE RECORDING AND FILING OF THIS RESOLUTION. WHEREAS, on September 2, 2025, the Mayor and City Council of the City of Buckeye, Arizona (the “City”) passed and adopted Resolution No. 52-25 (the “Resolution of Intention”), which Resolution of Intention declared the Mayor and Council’s intention to form the City of Buckeye Street Lighting Improvement District No. SLID-2025-005 (the “District”), solely for the purpose of purchasing energy for lighting of the public streets within and adjacent to the District; and WHEREAS, a petition (the “Petition”) for the formation of the District was presented to the Mayor and Council, which Petition purported to be signed by all the non-public real property owners in the proposed District, exclusive of mortgagees and other lienholders; and WHEREAS, the Mayor and Council found that the Petition was signed by all such owners and have verified such finding of such fact; and WHEREAS, in the Petition the signer waived all protests against the proposed Work (as defined in the Resolution of Intention), all objections to the extent of the District, all publication, posting and mailing of the Resolution of Intention, and the passage of time between adoption of the Resolution of Intention and this Resolution; and WHEREAS, pursuant to A.R.S. §§ 48-616 and -617, the Mayor and Council hereby find and determine that they have jurisdiction to order the Work of purchasing energy for lighting of public streets and parks within the District and hereby order the formation of the District described in the Resolution of Intention; BE IT RESOLVED by the Mayor and Council of the City of Buckeye, Arizona, as follows: Section 1. Ordering the Work and District Formation. All protests against the Work, or the formation of the District, and all objections to the extent of the District being waived by the owners of all non-public real property within the District, exclusive of mortgagees and lienholders, pursuant to A.R.S. §§ 48-616 and -617, the Work, as described in the Resolution of Intention, is hereby ordered and the formation of the City of Buckeye Street Lighting Improvement District No. SLID-2025-005 is hereby ordered. The District shall encompass the property described on Exhibits A, B, and C, attached hereto and incorporated by reference herein. The Assessor’s parcel number(s) shown on Exhibit B is for convenience only. If either Exhibit A or Exhibit B or both conflict with Exhibit C, Exhibit C shall govern and be determinative 2 of a parcel’s inclusion within, or exclusion from, the District, subject to the restrictions of Section 2 of this Resolution. Section 2. Excluded Property. 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. This exclusion shall apply to all public streets, avenues, alleys, or public easements within the District that may hereafter be dedicated to public use. Section 3. Annual Tax or Annual Assessment. Subject to the restrictions of Section 2 of this Resolution, the City shall annually, commencing in tax year 2025 and for the City’s 2025- 2026 fiscal year, make annual statements and estimates of the expenses of the District and shall submit the same to the Board of Supervisors of Maricopa County for the levy and collection of ad valorem taxes upon the assessed value of all taxable property, real and personal, in the District or by equal apportionment of taxes based on the number and classification of properties within the District, and shall publish notice of the statements and estimates, hold hearings on them and adopt them at the times and in the manner provided for incorporated cities and cities’ statements and estimates by applicable portions of Title 42, Chapter 17, Article 3, Arizona Revised Statutes, and shall annually set, fix and cause to be levied and assessed the amount to be raised by ad valorem taxes upon all of the taxable property of the District or by an equal annual charge and shall cause to be collected, as county taxes are collected, the amounts shown by the statements and estimates so adopted by the Mayor and Council. As provided in A.R.S. § 48-616, all statutes providing for the levy and collection of general county taxes, including collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the District taxes as provided to be levied by this section. Section 4. 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. 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, pursuant to 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 5. Extension for Filing. If either the formation of the District occurs after November 1 of the year preceding the year in which initial taxes are to be levied, or this Resolution is not filed with both the Department and the Maricopa County Assessor prior to such November 1, 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 Department extend the deadline prescribed by A.R.S. § 42-17257 to December 20, 2025. 3 PASSED AND ADOPTED by the Mayor and City Council of the City of Buckeye, Arizona on the 2nd day of September 2025. Eric W. Orsborn, Mayor ATTEST: Lucinda J. Aja, City Clerk APPROVED AS TO FORM: K. Scott McCoy, City Attorney Attachments Exhibit A: Legal Description Exhibit B: Assessor’s Parcel Numbers and Owners’ Names Exhibit C: Boundary Map 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. 53-25 was duly passed by the Mayor and Council of the City of Buckeye, Arizona, at a City Council meeting held on September 2, 2025 and the vote was ___ aye's, ___ nay's, ___ recused, and were absent and that the Mayor and ___ Council Members were present thereat. DATED: September 2, 2025 Lucinda J. Aja, City Clerk 4 EXHIBIT A Legal Description (consisting of 1 page) 5 EXHIBIT B Assessor Parcel Numbers and Owners’ Names (consisting of 1 page) 6 EXHIBIT C Boundary Map (consisting of 2 pages)