MID 2023-001 Ventana Ranch Resolution 24-25 Ordering the Work VS.pdf

City of Buckeye — Regular Council Meeting (2025-05-20)

Extracted text (via pymupdf) 7820 characters

WHEN RECORDED, RETURN TO:

City of Buckeye
ATTN: City Clerk, Lucinda J. Aja
530 East Monroe Avenue
Buckeye, Arizona 85326

RESOLUTION NO. 24-25

RESOLUTION OF THE COUNCIL OF THE CITY OF BUCKEYE, ARIZONA,
ORDERING THE WORK AS DESCRIBED IN RESOLUTION NO. 24-25;
ORDERING THE FORMATION OF CITY OF BUCKEYE MAINTENANCE
IMPROVEMENT DISTRICT NO. MID-2023-001 AND ORDERING THE
RECORDING AND FILING OF THIS RESOLUTION.

WHEREAS, on May 20, 2025, the Mayor and City Council of the City of Buckeye,
Arizona (the "City") passed and adopted Resolution No. 25-25 (the "Resolution of Intention"),
which Resolution of Intention declared the Mayor and City Council's intention to form the City of
Buckeye Maintenance Improvement District No. MID-2023-001 (the "District"), solely for the
purpose of 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 (collectively, the "Work"); and

WHEREAS, a legal description, Assessor's parcel number and a map of the proposed
District boundaries are attached hereto as Exhibits A, B, and C and incorporated by reference
herein; and

WHEREAS, prior to adoption of the Resolution of Intention, a petition (the "Petition") for
the formation of the District was presented to this Mayor and City Council, which Petition
purported to be signed by all of the non-public real property owners in the proposed District,
exclusive of mortgagees and other lienholders; and

WHEREAS, the Mayor and City Council accepted the Petition and 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, all
objections to the extent of the District, and all publication, posting and mailing of the Resolution
of Intention and this Resolution; and

WHEREAS, pursuant to A.R.S. §§ 48-574 and -579, the Mayor and City Council hereby
find and determine that they have jurisdiction to order the Work of operation, maintenance,
repair and improvement of parkings, parkways, retention basins and detention basins 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 that are or hereafter will be within or adjacent
to the District as it is described in the Resolution of Intention or is hereafter modified or
enlarged, and by this Resolution 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, the Work as described in the Resolution of Intention is hereby ordered and the
formation of the City of Buckeye Maintenance Improvement District No. MID-2023-001 is hereby
ordered. The legal description, Assessor's parcel number and boundary map of the District are
set forth in Exhibits A, B, and C.

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, if any, 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
an incorporated city's 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 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 City Council. As provided in A.R.S.
§ 48-574, 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
within ten (10) days of the adoption of this Resolution. 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, as required by 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.

3
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 assessments 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 City 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.
PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, on
May 20, 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 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. 24-25 was duly passed
by the Mayor and Council of the City of Buckeye, Arizona, at a regular meeting held on May 20,
aye's,
2025, and the vote was
nay's, rescused and were absent and that
the Mayor and
Council Members were present thereat.
DATED:
May 20, 2025.
__________________________________
Lucinda J. Aja, City Clerk

EXHIBIT A
LEGAL DESCRIPTION
(consisting of 1 page)

EXHIBIT B
ASSESSOR'S PARCEL NUMBERS AND OWNER’S NAME
(consisting of 6 pages)

EXHIBIT C
BOUNDARY MAP
(consisting of 1 page)