Resolution 57-25 SLID-2025-003 Intent to form Yuma & Verrado.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. 57-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, ACCEPTING A PETITION FOR FORMATION OF A STREET LIGHTING IMPROVEMENT DISTRICT; DECLARING ITS INTENTION TO FORM A STREET LIGHTING IMPROVEMENT DISTRICT; DESIGNATING SUCH DISTRICT AS THE “CITY OF BUCKEYE STREET LIGHTING IMPROVEMENT DISTRICT NO. SLID-2025- 003”; PROVIDING FOR THE ANNUAL LEVY OF TAXES OR ASSESSMENTS EQUALLY APPORTIONED UPON ALL OF THE NON-PUBLIC PROPERTY OWNERS IN THE DISTRICT TO PURCHASE ENERGY FOR THE LIGHTING OF PUBLIC STREETS AND PARKS WITHIN AND ADJACENT TO THE DISTRICT; AND ORDERING THE RECORDING AND FILING OF THIS RESOLUTION. BE IT RESOLVED by the Mayor and Council of the City of Buckeye, Arizona, as follows: Section 1. Acceptance and Findings. A Petition for the formation of the City of Buckeye Street Lighting Improvement District No. SLID-2025-003 to purchase (and not generate) energy for street and public park lighting within the District and streets adjacent thereto has been filed with the Clerk and presented to the Governing Body of the City. The Petition is accepted. The Petition purports to be signed by all of the non-public real property owners in the proposed District, exclusive of mortgagees and other lienholders. After verification of such ownership, the Governing Body finds that the Petition was signed by all of the real property owners in the proposed District, exclusive of mortgagees and other lienholders or the owners of any Public Property. Section 2. Definitions. In this Resolution, the following terms shall have the following meanings: “APS” shall mean the Arizona Public Service Company. “City” shall mean the City of Buckeye, Arizona. “Clerk” shall mean the Clerk of the City, located at 530 East Monroe Avenue, Buckeye, Arizona 85326. “Director” shall mean the Director of the Arizona Department of Revenue. “District” shall mean the City of Buckeye Street Lighting Improvement District No. SLID- 2025-003, as described by the legal description, Assessor’s parcel number, and map in Exhibits A, B and C attached hereto and incorporated by reference herein. “Governing Body” shall mean the Mayor and City Council of the City. 2 “Incidental Expenses” shall mean the costs of posting, publication, mailing, recording, engineering and legal fees with respect to the formation of the District and the annual levy of taxes. “Petition” shall mean the Petition, Waiver, and Consent to Formation of a Street Lighting Improvement District by the City of Buckeye, requesting formation of the District, on file in the Clerk’s office. “Public Property” shall mean any lot or parcel belonging to the United States; the state of Arizona (the “State”); any county, city, town, school district or political subdivision; or any institution of the State or county that is physically located within the District, including without limitation any public street, avenue, alley or public easement located within the District hereinafter dedicated to public use. “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 streets adjacent to the District. “Work” shall mean the purchasing of energy for the operation of the Street Lighting System. Section 3. Declaration of Intention to Order Formation of the District. The public interest and convenience require, and it is the intention of the Governing Body 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, including as it is hereafter modified or enlarged. The District shall encompass the property described on Exhibits A, B, and C, attached hereto. 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 of a parcel’s inclusion within, or exclusion from, the District, subject to the restrictions of Section 5 of this Resolution. For purposes of this Resolution and of all resolutions, ordinances and notices pertaining hereto, the District shall be known as and is hereby designated as “City of Buckeye Street Lighting Improvement District No. SLID-2025-003”. Section 4. Statutory Authority; Payment of Incidental Expenses. All proceedings pertaining to the District shall be done under and as authorized by A.R.S. Title 48, Chapter 4, Article 2, and all amendments thereto including, without limitation, A.R.S. §§ 48-616 and -617. All Incidental Expenses shall become the obligation of the District. Section 5. Excluded Property. No Public Property or property owned by a homeowners’ association will be liable to pay any portion of the District’s costs and expenses. Additionally, any public streets, avenues, alleys, or public easements hereafter dedicated to public use shall become exempt after such dedication. Section 6. Protests and Objections to Extent of District. In the Petition, the signer has made written consents and waivers pertaining to the ordering of the Work and to the formation of the District and has specifically waived all protests against formation of, and objections to, the extent of the District. City staff has verified that all non-public real property owners within the District have signed the Petition, and the Governing Body finds as a fact that 3 all non-public property owners within the District have signed such Petition. Therefore, pursuant to A.R.S. § 48-617(A), no publication, mailing or posting of any notice pertaining to formation of the District will be made. Section 7. Engineer’s Estimate, Plans and Specifications. As financing for the acquisition and construction of the initial Street Lighting System has been, or will be, provided, the District’s sole purpose will be to purchase, and not generate, energy to operate the Street Lighting System. No engineer’s estimate, plans, or specifications have been filed with the Clerk. In the Petition, all owners of land within the District specifically waived the filing of an engineer’s estimate, plans, or specifications. Section 8. 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, to be operated nightly from dusk to dawn, or such other lighting facilities as may be acquired in the future by the City or some other entity for use within the District. The District’s costs and expenses of purchasing energy for the operation of the Street Lighting System are subject to change due to inflation, new construction, new technology, updated APS rate schedules as approved by the Arizona Corporation Commission, updated APS or City specifications as approved by the City Engineer, or acquisition of additional portions of the Street Lighting System. Section 9. Recordation. A certified copy of this Resolution shall be recorded in the office of the Maricopa County Recorder within ten (10) days of its adoption to give notice of formation of the District, as required by A.R.S. § 48-574(M). Section 10. 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, 2025. PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this 2nd day of September, 2025. ___________________________________ Eric W. Orsborn, Mayor ATTEST: __________________________________ Lucinda J. Aja, City Clerk APPROVED AS TO FORM: __________________________________ K. Scott McCoy, City Attorney 4 Attachments: Exhibit A – Legal Description Exhibit B – Assessor’s Parcel Number and Owner’s Name 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 Ordinance No.57-25 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 5 EXHIBIT A Legal Description (consisting of 1 page) Land Survey Services PLC 20651 W. Pasadena Avenue Phone 602.703.7010 Buckeye, AZ 85396-1255 Job No. 19032 EXHIBIT A LEGAL DESCRIPTION YUMA & VERRADO STORAGE AND RETAIL PSC BUCKEYE – GROSS PARCEL SLID-2025-003 That portion of the Northwest quarter of Section 18, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: BEGINNING at the Northwest corner of said Section 18, from whence the West quarter corner of Section 18 bears South 00° 26’ 05” West (Basis of Bearings) a distance of 2643.82 feet; Thence South 89° 26' 17" East along the North line of the Northwest quarter of Section 18 a distance of 544.17 feet; Thence South 00° 22' 36" West a distance of 550.00 feet; Thence North 89° 26' 17" West a distance of 544.72 feet to the West line of the Northwest quarter of Section 18; Thence North 00° 26' 05" East along said West line a distance of 550.00 feet to the POINT OF BEGINNING. Containing 299,444 sq. ft. or 6.8743 acres 3/24/2025 6 EXHIBIT B Assessor’s Parcel Number and Owner’s Name (consisting of 1 page) Land Survey Services PLC 20651 W. Pasadena Avenue Phone 602.703.7010 Buckeye, AZ 85396-1255 Job No. 19032 EXHIBIT B SLID SUBMITTAL YUMA & VERRADO STORAGE AND RETAIL SLID-2025-003 A.P.N.: 502-46-497 OWNER: PSC BUCKEYE, LLC 23 WALKER AVE PMB 300 BALTIMORE, MD 21208 7 EXHIBIT C Boundary Map (consisting of 1 page) N89°26'17"W N00°26'05"E (BASIS OF BEARINGS) 550.00' S00°22'36"W S89°26'17"E 544.17' 2643.82' 2083.92' 2475.45' 1931.28' APN 502-46-490 ODYSSEY PREPARATORY ACADEMY, INC APN 502-46-498 DESERT HILLS BAPTIST CHURCH OF BUCKEYE INC YUMA ROAD WAY VERRADO 544.72' 550.00' NW COR SEC 18 Land Survey Services, PLC 20651 W. Pasadena Avenue Buckeye, AZ 85396-1255 Phone: 602.703.7010 Date: JAN 2025 Job No.: 19032 EXHIBIT C W1/4 COR SEC 18 N1/4 COR SEC 18 A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 2 WEST, GILA & SALT RIVER BASE & MERIDIAN, MARICOPA COUNTY, ARIZONA R E G I S T E R E D L A N D S U R V E Y O R A R I Z O N A , U . S . A . C E R T I F I C A T E N O . D a t e S i g n e d 21081 THOMAS L. ROPE 3/24/2025 N 1"=100' APN 502-46-497 LOT 1A OF LOT 1 OF ODYSSEY INSTITUTE, A MINOR SUBDIVISION RECORDED IN BOOK 1254 OF MAPS, SLID-2025-003 YUMA & VERRADO STORAGE AND RETAIL