RES 12-25 Floreo at Teravalis -District Resolution Ordering Election (006)(5.22.25)(6552360.6).docx
City of Buckeye — Joint Community Facilities Districts (2025-06-03)
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6552360.6
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RESOLUTION NO. 12-25 (Floreo at Teravalis)
A RESOLUTION OF THE DISTRICT BOARD OF DIRECTORS OF THE FLOREO
AT TERAVALIS COMMUNITY FACILITIES DISTRICT (CITY OF BUCKEYE,
ARIZONA), CALLING A SPECIAL BOND ELECTION FOR THE DISTRICT.
BE IT RESOLVED BY THE DISTRICT BOARD OF THE FLOREO AT TERAVALIS
COMMUNITY FACILITIES DISTRICT (CITY OF BUCKEYE, ARIZONA) as follows:
Section 1.
Findings.
A.
On January 3, 2006, the Mayor and Council of the City (formerly the Town)
of Buckeye, Arizona (the “City”), adopted Resolution No. 05-06, ordering and declaring formation
of the Trillium Community Facilities District (Town of Buckeye, Arizona) (the “District”) and the
governing board of the District (the “District Board”) adopted its Resolution No. 01-06, which
appointed officers of the District and performed other duties concerning the formation of the
District.
B.
On December 3, 2013, the District Board adopted its Resolution No. 04-13
(Trillium CFD), recognizing that the Town of Buckeye assumed a city organization and renaming
the District to the “Trillium Community Facilities District (City of Buckeye, Arizona).”
C.
On April 1, 2025, the District Board adopted its Resolution No. 05-25
(Trillium), changing the name of the District to “Floreo at Teravalis Community Facilities District
(City of Buckeye, Arizona).”
D.
The District is authorized by Arizona Revised Statutes (“A.R.S.”) § 48-719 to
issue and sell general obligation bonds of the District to provide monies for certain “public
infrastructure purposes” consistent with the “general plan” of the District.
E.
Such bonds may not be issued unless approved at an election ordered and
called to submit to the qualified electors of the District, which qualified electors consist of persons
residing in the District who have registered to vote and those persons who are qualified to vote
pursuant to A.R.S. § 48-707(G). If no person has registered to vote within the District within 50 days
immediately preceding any scheduled election date, the owners of land within the District who are
qualified electors of the State of Arizona and other landowners according to A.R.S. § 48-3043 (the
“Landowners” and in either case hereinafter referred to as, collectively, the “qualified electors”) shall
vote on the question of authorizing the District Board to issue such bonds for such purposes.
F.
On February 28, 2006, the qualified electors of the District approved, at an
election therefore, Question No. 1 authorizing issuance of general obligation bonds of the District in
an amount not to exceed $150,000,000.
G.
An estimate of the amount of financing necessary to provide for, through
acquisition, construction or otherwise, the “public infrastructure purposes,” a general description of
which are set out in the general plan of the District, has been presented to the District Board.
H.
The District Board deems it necessary and advisable to order and call such
an election at this time for the purpose of submitting the question to request increased authorization
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to issue general obligation bonds by $350,000,000, for a total not to exceed amount of $500,000,000,
and to establish the procedures whereby such election should be held.
Section 2.
Call of Election.
A.
A special election in and for the District is hereby ordered and called to be
held on June 25, 2025 (the “Election”), at which time there shall be submitted to the qualified electors
of the District the question set forth in substantially the form of official ballot attached hereto, marked
Exhibit A and incorporated by reference herein.
B.
Based upon a certificate of the Maricopa County Recorder, dated a date not
more than 50 days prior to the date of the Election, there are no persons registered to vote within
the District.
C.
The District Clerk is directed to appoint election workers, election officials and
such other necessary persons to the extent required to assist in conducting the election. The District
Clerk is further directed to take such other actions as are necessary and appropriate to carry out the
purposes of this resolution.
Section 3.
Posting and Publishing Matters Relating to Election. The Election shall be
called by posting notices in three public places within the boundaries of the District not less than 20
days before the date of the Election in substantially the form attached hereto, marked Exhibit B and
incorporated by reference herein. Notice in substantially the form of Exhibit B shall also be published
in a newspaper of general circulation in the City, once each week for two consecutive weeks
preceding the Election.
Section 4.
Polling Place. The polling place and the time the poll shall be opened and
closed shall be as provided in Exhibit B.
Section 5.
Affidavit for Landowners. If the qualified electors are and become the
Landowners, prospective electors voting in the Election shall execute an affidavit substantially in the
form attached hereto, marked Exhibit C and incorporated by reference herein.
Section 6.
Preparation of Ballots and Affidavits. The District Clerk is hereby authorized
and directed to have printed and delivered to the election officers at such polling place such ballots
and, if necessary, such affidavits, to be furnished to the qualified electors of the District offering to
vote at the Election, in substantially the form of Exhibits A and C.
Section 7.
Applicable Law. The Election shall be held, conducted and canvassed in
conformity with the provisions of the general election laws of the State of Arizona, except as
otherwise provided by law, and only such persons shall be permitted to vote at the Election who are
qualified electors of the District. Early voting shall be permitted in accordance with the provisions of
A.R.S. § 16-541, et seq., as amended.
Section 8.
Canvass. On July 1, 2025, which is a date within 14 days after the date of
the Election, the District Board shall meet and canvass the returns, and if a majority of the votes cast
at the Election is in favor of issuing the bonds, the Board shall enter the fact on its minutes.
Section 9.
Effective Date. This resolution shall be effective immediately.
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PASSED by the District Board of the Floreo at Teravalis Community Facilities District (City
of Buckeye, Arizona) on June 3, 2025.
________________________________
District Chairman
ATTEST:
_______________________________
District Clerk
APPROVED AS TO FORM:
_______________________________
District Attorney
EXHIBITS:
A – Form of Ballot
B – Form of Notice of Election
C – Form of Affidavit of Elector
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EXHIBIT A
Number of acres owned _________
OFFICIAL BALLOT
GENERAL OBLIGATION BOND SPECIAL ELECTION
FOR THE FLOREO AT TERAVALIS COMMUNITY FACILITIES DISTRICT
(CITY OF BUCKEYE, ARIZONA)
June 25, 2025
Question No. 1
Shall the district board (the “Board”) of Floreo at Teravalis Community Facilities District (City of Buckeye, Arizona) (the
“District”) be authorized to issue general obligation bonds of the District, in the denominations, series and form prescribed
by the Board, and having the maturities (not exceeding 25 years), interest payment dates and interest rates, whether fixed or
variable, not exceeding 12% per annum, established by the Board and containing such other terms, conditions, covenants
and agreements as the Board deems proper, in an additional amount of $350,000,000, for an increased maximum amount of
not to exceed $500,000,000 to provide monies: (i) (1) for planning, design, engineering, construction, acquisition or
installation of any or all of the following improvements, including necessary or incidental work, whether newly constructed,
renovated or existing, and all necessary or desirable appurtenances (“public infrastructure”): (a) sanitary sewage systems,
including collection, transport, storage, treatment, dispersal, effluent use and discharge; (b) drainage and flood control
systems, including collection, transport, diversion, storage, detention, retention, dispersal, use and discharge; (c) water
systems for domestic, industrial, irrigation, municipal or fire protection purposes including production, collection, storage,
treatment, transport, delivery, connection and dispersal, but not including facilities for agricultural irrigation purposes unless
for the repair or replacement of existing facilities when required by other improvements described herein; (d) roadways and
parking facilities including all areas for vehicular use for travel, ingress, egress and parking; (e) areas for pedestrian,
equestrian, bicycle or other non-motor vehicle use for travel, ingress, egress and parking; (f) pedestrian malls, parks,
recreational facilities other than stadiums and open space areas for the use of members of the public for entertainment,
assembly and recreation; (g) landscaping including earthworks, structures, lakes and other water features, plants, trees and
related water delivery systems; (h) public buildings, public safety facilities and fire protection facilities; (i) lighting systems,
(j) traffic control systems and devices including signals, controls, markings and signage; and (k) equipment, vehicles,
furnishings and other personalty related to such items; (2) acquiring, converting, renovating or improving existing facilities
for public infrastructure; (3) acquiring interests in real property for public infrastructure; (4) establishing, maintaining and
replenishing reserves from any source described in Arizona Revised Statutes Section 48-717 or from any other source in
order to secure payment of debt service on bonds; (5) funding and paying from bond proceeds interest accruing on bonds
for a period of not to exceed three years after their date of issuance; (6) providing for the timely payment of debt service on
bonds or other indebtedness of the District; (7) refinancing any matured or unmatured bonds with new bonds; and (8)
expenses of the District incident to and reasonably necessary to carry out the purposes specified in this paragraph (clauses
(1) through (8), both inclusive, being “public infrastructure purposes”); and (ii) for repaying all or part of the amounts
advanced by land-owners for public infrastructure purposes set forth above; such bonds shall be payable from a tax levied
and collected annually on all taxable property in the District, sufficient to pay interest on such bonds when due and to redeem
such bonds when they mature, as authorized by the constitution and laws of the State of Arizona, including particularly (but
not by way of limitation) Title 48, Chapter 4, Article 6, Arizona Revised Statutes, together with all amendments and additions
thereto?
The voter shall place a mark in the square opposite the words “Bonds, Yes” or “Bonds, No”, whichever words express the
voter’s choice.
BONDS, YES
BONDS, NO
NOTICE TO VOTERS:
Voters shall indicate their vote on the question by inserting a mark in the square opposite the phrase which expresses the
voter’s choice. Only qualified electors of the District are eligible to vote at this special election. The voter understands that
the vote cast will constitute the vote for all of the acres owned by the voter.
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EXHIBIT B
NOTICE OF ELECTION
TO THE QUALIFIED ELECTORS OF AND PROPERTY OWNERS IN FLOREO AT TERAVALIS
COMMUNITY FACILITIES DISTRICT (CITY OF BUCKEYE, ARIZONA) (THE “DISTRICT”):
A general obligation bond special election will be held on June 25, 2025, for the District at the polling place hereafter
set forth. The District is comprised of real property located within the “Tartesso” Precinct No. 0827 voting precinct.
PRECINCT POLLING PLACE: Buckeye City Hall, 530 East Monroe Avenue, Buckeye, AZ 85326
Precinct registers may contain the names of all registered voters in the precinct, and the election board at the polling
place shall require a prospective elector to execute an affidavit stating that the elector is a qualified elector of the
District. The polling place will open at 9:00 a.m. and close at 4:00 p.m. The purpose of the election is to permit the
qualified electors of the District to vote on the following question:
Question No. 1
Shall the district board (the “Board”) of Floreo at Teravalis Community Facilities District (City of Buckeye, Arizona) (the
“District”) be authorized to issue general obligation bonds of the District, in the denominations, series and form prescribed
by the Board, and having the maturities (not exceeding 25 years), interest payment dates and interest rates, whether fixed or
variable, not exceeding 12% per annum, established by the Board and containing such other terms, conditions, covenants
and agreements as the Board deems proper, in an additional amount of $350,000,000, for an increased maximum amount of
not to exceed $500,000,000 to provide monies: (i) (1) for planning, design, engineering, construction, acquisition or
installation of any or all of the following improvements, including necessary or incidental work, whether newly constructed,
renovated or existing, and all necessary or desirable appurtenances (“public infrastructure”): (a) sanitary sewage systems,
including collection, transport, storage, treatment, dispersal, effluent use and discharge; (b) drainage and flood control
systems, including collection, transport, diversion, storage, detention, retention, dispersal, use and discharge; (c) water
systems for domestic, industrial, irrigation, municipal or fire protection purposes including production, collection, storage,
treatment, transport, delivery, connection and dispersal, but not including facilities for agricultural irrigation purposes unless
for the repair or replacement of existing facilities when required by other improvements described herein; (d) roadways and
parking facilities including all areas for vehicular use for travel, ingress, egress and parking; (e) areas for pedestrian,
equestrian, bicycle or other non-motor vehicle use for travel, ingress, egress and parking; (f) pedestrian malls, parks,
recreational facilities other than stadiums and open space areas for the use of members of the public for entertainment,
assembly and recreation; (g) landscaping including earthworks, structures, lakes and other water features, plants, trees and
related water delivery systems; (h) public buildings, public safety facilities and fire protection facilities; (i) lighting systems,
(j) traffic control systems and devices including signals, controls, markings and signage; and (k) equipment, vehicles,
furnishings and other personalty related to such items; (2) acquiring, converting, renovating or improving existing facilities
for public infrastructure; (3) acquiring interests in real property for public infrastructure; (4) establishing, maintaining and
replenishing reserves from any source described in Arizona Revised Statutes Section 48-717 or from any other source in
order to secure payment of debt service on bonds; (5) funding and paying from bond proceeds interest accruing on bonds
for a period of not to exceed three years after their date of issuance; (6) providing for the timely payment of debt service on
bonds or other indebtedness of the District; (7) refinancing any matured or unmatured bonds with new bonds; and (8)
expenses of the District incident to and reasonably necessary to carry out the purposes specified in this paragraph (clauses
(1) through (8), both inclusive, being “public infrastructure purposes”); and (ii) for repaying all or part of the amounts
advanced by land-owners for public infrastructure purposes set forth above; such bonds shall be payable from a tax levied
and collected annually on all taxable property in the District, sufficient to pay interest on such bonds when due and to redeem
such bonds when they mature, as authorized by the constitution and laws of the State of Arizona, including particularly (but
not by way of limitation) Title 48, Chapter 4, Article 6, Arizona Revised Statutes, together with all amendments and additions
thereto?
The voter shall place a mark in the square opposite the words “Bonds, Yes” or “Bonds, No”, whichever words express the
voter’s choice.
BONDS, YES
BONDS, NO
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NOTICE TO VOTERS:
Voters shall indicate their vote on the question by inserting a mark in the square opposite the phrase which expresses the
voter’s choice. Only qualified electors of the District are eligible to vote at this special election. The voter understands that
the vote cast will constitute the vote for all of the acres owned by the voter.
Early voting shall be permitted in accordance with the provisions of A.R.S. § 16-541, et seq., as amended. A qualified
elector may vote early by contacting the office of the District Clerk, 530 East Monroe Avenue, Buckeye, AZ 85326,
telephone number (623) 349-6911. The “general plan” for the District required by A.R.S. § 48-702(B), as amended,
is on file with the District Clerk at the same location.
FLOREO
AT
TERAVALIS
COMMUNITY
FACILITIES
DISTRICT
(CITY
OF
BUCKEYE,
ARIZONA)
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EXHIBIT C
AFFIDAVIT OF PROSPECTIVE ELECTOR
AS TO OWNERSHIP OF LAND OR OTHER
QUALIFICATION TO VOTE PURSUANT TO
SECTION 48-3043, ARIZONA REVISED STATUTES, AS AMENDED
STATE OF ARIZONA
)
COUNTY OF MARICOPA
)
CITY OF BUCKEYE
)
FLOREO AT TERAVALIS COMMUNITY )
FACILITIES DISTRICT (CITY OF
)
BUCKEYE, ARIZONA)
)
COMES NOW the undersigned and, being first duly sworn, deposes and says as follows:
1.
I am the authorized representative of
(the “Company”), a(n)
,
organized
and
existing pursuant to the laws of the State of
.
2.
The Company I so represent owns ______ acres in the Floreo at Teravalis
Community Facilities District (City of Buckeye, Arizona) (the “District”).
3.
The Company is qualified to vote pursuant to A.R.S. § 48-3043, as
amended, as the bona fide owner of _____ acres of land within the District, holding title or
evidence of title of record of said acres.
4.
As the authorized representative of the Company, I have been designated
and authorized by the board of directors of the Company to represent and vote for and on behalf
of the Company in the election being held by the District on the date hereof.
_____________________________________
Affiant
SUBSCRIBED AND SWORN to before me on
, 2025.
________________________________________
Election Board Member