MID 2023-001 Ventana Ranch Resolution 25-25 Intent to Form VS.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. 25-25 RESOLUTION OF THE COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, ACCEPTING A PETITION, WAIVER AND CONSENT TO FORMATION OF A MAINTENANCE IMPROVEMENT DISTRICT BY THE CITY OF BUCKEYE; DECLARING THE INTENTION TO FORM A MAINTENANCE IMPROVEMENT DISTRICT; DESIGNATING SUCH DISTRICT AS “CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT NO. MID-2023- 001”; PROVIDING FOR THE ANNUAL LEVY OF TAXES OR AN ANNUAL ASSESSMENT AGAINST THE LOTS WITHIN THE DISTRICT IN PROPORTION TO THE BENEFITS RECEIVED 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 Maintenance Improvement District No. MID-2023-001 to operate, maintain, repair and improve Parkings, Parkways, Retention Basins and Detention Basins within, adjacent to, or that serve the District, as it now exists or is hereafter dedicated, constructed, modified or enlarged, and public Landscaping, street lights, all headwalls, pumps, piping, canals, washes, ditches, storm drain inlets, scuppers, dry wells, and other adjuncts and appliances related to such Parkings, Parkways, Retention Basins and Detention Basins has been filed with the Clerk and presented to the Mayor and Council at the meeting at which this Resolution was adopted. 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 Mayor and Council find that the Petition was signed by all of the non- public real property owners in the proposed District, exclusive of mortgagees and other lienholders. Section 2. Definitions. In this Resolution, the following terms shall have the following meanings: “City” shall mean the City of Buckeye, Arizona. “Clerk” shall mean the Clerk of the City of Buckeye, Arizona located at 530 East Monroe Avenue, Buckeye, Arizona 85326. “Detention Basin” shall mean a flood control structure that captures and diverts stormwater runoff and typically does not retain a permanent pool of water. “District” shall mean the City of Buckeye Maintenance Improvement District No. MID- 2023-001, encompassing the property described in Exhibits A, B, and C attached hereto. 2 “Mayor and Council” shall mean the Mayor and Council of the City. “Landscaping” shall mean trees, plants, grass, ornamental structures, lighting structures and facilities for watering or otherwise maintaining such landscaping that are now in place or hereafter constructed or acquired for beautification of streets within or adjacent to the District. “Parking” shall mean the landscaped public area lying between a sidewalk and the adjacent street. “Parkway” shall mean a street with landscaped sides and/or a landscaped center median and shall also include ornamentation that enhances the beauty of a street. “Petition” shall mean the petition, waiver and consent to formation of a municipal parkway maintenance improvement district by the City 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 any political subdivision or 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. “Retention Basin” shall mean a stormwater control structure that captures and retains stormwater runoff and typically retains a permanent pool of water. “Work” shall mean the operation, maintenance, repair and improvement of Parkings, Parkways, Retention Basins and Detention Basins within, adjacent to, or that serve the District, as it now exists or is hereafter dedicated, constructed, modified or enlarged, and public Landscaping, street lights, all headwalls, pumps, piping, canals, washes, ditches, storm drain inlets, scuppers, dry wells, and other adjuncts and appliances related to such Parkings, Parkways, Retention Basins and Detention Basins. Section 3. Declaration of Intention to Order Formation of the District. The public interest and convenience require and it is the intention of the Mayor and Council to order the Work through formation of the District pursuant to Title 48, Chapter 4, Article 2, Arizona Revised Statutes. The District’s sole purpose shall be for the operation, maintenance, repair and improvement of Parkings, Parkways, Retention Basins and Detention Basins within, adjacent to, or that serve the District, as it now exists or is hereafter dedicated, constructed, modified or enlarged, and public Landscaping, street lights, all headwalls, pumps, piping, canals, washes, ditches, storm drain inlets, scuppers, dry wells, and other adjuncts and appliances related to such Parkings, Parkways, Retention Basins and Detention Basins. For purposes of this Resolution an of all resolutions, ordinances and notices pertaining hereto, the District shall be known as, and is hereby designated, “City of Buckeye Maintenance Improvement District No. MID-2023-001”. Section 4. Omission of Public Property from District. Any Public Property or property owned by a homeowners’ association that is included within the District shall be omitted from all assessments or taxes hereafter to be made with respect to the District. Additionally, any public streets, avenues, alleys, or public easements hereafter dedicated to public use shall become exempt after such dedication. 3 Section 5. Statutory Authority. All proceedings pertaining to the District shall be done under and as authorized by Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and all amendments thereto including, without limitation, Section 48-574. 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 exclusive of mortgagees and other lienholders have signed the Petition, and the Mayor and Council find as a fact that all such property owners within the District have signed such Petition. Therefore, no publication or posting of any notice pertaining to formation of the District will be made. Section 7. Engineer’s Estimate. The District’s sole purpose will be for the operation, maintenance, repair and improvement of Parkings, Parkways, Retention Basins and Detention Basins within, adjacent to, or that serve the District, and public Landscaping, street lights, all headwalls, pumps, piping, canals, washes, ditches, storm drain inlets, scuppers, dry wells, and other adjuncts and appliances related to such Parkings, Parkways, Retention Basins and Detention Basins. No engineer’s estimate, plans, or specifications have been filed with the Clerk. In the Petition, the signer specifically waived the filing of an engineer’s estimate, plans, or specifications. Section 8. 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 9. 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 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 Arizona Department of Revenue extend the deadline prescribed by A.R.S. § 42-17257(A) to December 20, 2025. PASSED AND ADOPTED by the Mayor and City Council of the City of Buckeye, Arizona, this 20th day of May, 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 Numbers 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 Resolution No. 25-25 was duly passed by the Mayor and Council of the City of Buckeye, Arizona, at a regular meeting held on May, 20, 2025, and the vote was aye’s, nay’s, recused, and were absent and that the Mayor and Council Members were present thereat. DATED: May 20th, 2025. __________________________________ ____Lucinda J. Aja, City Clerk 5 EXHIBIT A LEGAL DESCRIPTION (consisting of 1 page) 6 EXHIBIT B ASSESSOR’S PARCEL NUMBERS AND OWNER’S NAME (consisting of 6 pages) 7 EXHIBIT C BOUNDARY MAP (consisting of 1 page)