Resolution 37-25 Intention of SLID Formation - Avalon Jackrabbit FINAL V2 SS.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
RESOLUTION NO. 37-25
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-
006”; 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-2025-006 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-
2025-006, 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.
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“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-2025-006”.
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
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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 1st day of July, 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 Number and Owner’s Name
Exhibit C – Boundary Map
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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. 37-25 was duly passed by the Mayor
and Council of the City of Buckeye, Arizona, at a City Council meeting held on July 1, 2025 and
the vote was ___ aye's, ___ nay's, ___ recused, and ____ were absent and that the Mayor and
___ Council Members were present thereat.
DATED: July 1, 2025.
__________________________________
Lucinda J. Aja, City Clerk
EXHIBIT A
Legal Description
(consisting of 1 page)
Any modification to or omission from this description completely
absolves the surveyor from any liability for this description.
06/04/25 Page 1 of 1
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2xb02.doc
EXHIBIT A
CITY OF BUCKEYE STREET LIGHTING IMPROVEMENT DISTRICT
SLID-2025-006
AVALON JACKRABBIT
LEGAL DESCRIPTION
All of “Jackrabbit Crossing”, according to Book 998, Page 11, Maricopa County Records, also being a
portion of land situated in the Southeast of Section 5, Township 1 North, Range 2 West of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as
follows:
BEGINNING at a Found Brass Cap in Handhole at the Southeast corner of said Section 5, from
which a Found Brass Cap in Handhole at the East Quarter corner of said Section 5 bears North 00
Degrees 22 Minutes 05 Seconds East, a distance of 2645.02 feet;
Thence along the perimeter of the aforementioned “Jackrabbit Crossing”, the following four courses:
North 89 degrees 37 minutes 59 seconds West, along the South line of the Southeast Quarter of said
Section 5, a distance of 601.25 feet;
Thence North 08 degrees 03 minutes 04 seconds East, a distance of 680.85 feet;
Thence South 89 degrees 38 minutes 08 seconds East, a distance of 510.22 feet, to the East line of
the Southeast Quarter of said Section 5;
Thence South 00 degrees 22 minutes 05 seconds West, along said East line, a distance of 674.76
feet, to the POINT OF BEGINNING.
Encompassing 374,976 square feet, or 8.608 acres, more or less.
EXHIBIT B
Assessor’s Parcel Number and Owner’s Name
(consisting of 1 page)
EXHIBIT B
INNOVATIVE ENGINEERING SINCE 1987
EXHIBIT C
Boundary Map
(consisting of 1 page)
JACKRABBIT TRAIL
BLUE HORIZONS PARKWAY NORTH
EXHIBIT C
INNOVATIVE ENGINEERING SINCE 1987
SLID-2025-006