Resolution No. 96-26.Farallon Impact Fee Credit and Reimbursement Agreement.pdf

RESOLUTION NO. 96-26
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE,
ARIZONA, APPROVING THE DEVELOPMENT IMPACT FEE CREDIT AND
REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF BUCKEYE, AN
ARIZONA MUNICIPAL CORPORATION AND D.R. HORTON, INC., A
DELAWARE CORPORATION; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY.
WHEREAS, the City of Buckeye, an Arizona municipal corporation (“City”) and D.R.
Horton, Inc. (“Horton”) desire to enter into a Development Impact Fee Credit and
Reimbursement Agreement (the “Agreement”) related to the design, construction and installation
by Horton of off-site sewer infrastructure as specified in the Agreement (“Sewer Collection
Facilities”) as part of its development of a project known as “Farallon;” and
WHEREAS, the City Code Section 18-11 authorizes development impact fee credit in
cases where a developer is required by the City to construct, install and dedicate public
improvements for which a development impact fee is also being imposed, pursuant to the
requirements of the Code; and
WHEREAS, the City Code Section 18-12 requires a development agreement in order for
the City to authorize reimbursement to a developer of an eligible Capital Facility, as defined in
the Code, using funds from development impact fee accounts; and
WHEREAS, the Sewer Collection Facilities are included in the IIP as a Wastewater
Collection Line component within the Central Buckeye Service Area for which a wastewater
development impact fee has been assessed; and
WHEREAS, the City is willing to allow Developer to design and construct the Sewer
Collection Facilities and Developer may receive development impact fee credits as permitted
under and in accordance with, the City Code and State Laws; and
WHEREAS, the City is authorized to enter into development agreements by resolution,
pursuant to Arizona Revised Statutes § 9-500.05.
BE IT RESOLVED, by the Mayor and Council of the City of Buckeye, Arizona, as follows:
Section 1. The recitals above are hereby incorporated as if fully set forth herein.
Section 2. The Agreement relating to, among other things, the design, construction
and installation of oversized off-site sewer infrastructure and subsequent impact fee credit and
reimbursement is hereby approved in substantially the form and substance on file with the City
Clerk and incorporated by reference.
Section 3. The Mayor, City Manager, City Attorney and City Clerk, are hereby
authorized and directed to execute and deliver all documents and other necessary or desirable
instruments connected with the Agreement and to take all steps necessary to carry out the
purpose and intent of this Resolution.
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PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this
20th day of October, 2026.
____________________________________
Eric W. Orsborn, Mayor
ATTEST:
_________________________________
Summer Stewart, Interim City Clerk
APPROVED AS TO FORM:
__________________________________
Tosca Henry, City Attorney
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