PEORIA_ORD. 2019-22_ORDINANCE.PDF
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OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER ADRIAN FONTES 20190641615 08/20/2019 11:34 ELECTRONIC RECORDING 0820191-7-1-1-- Garciac ORDINANCE NO. 2019-22 AN ORDINANCE OF THE CITY OF PEORIA, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF PEORIA, ARIZONA, MARICOPA COUNTY, STATE OF ARIZONA PURSUANT TO THE PROVISIONS OF ARIZONA REVISED STATUTES, SECTION 9-471(N), BY ANNEXING THERETO CERTAIN COUNTY RIGHT-OF-WAY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF PEORIA, CONTINGENT UPON APPROVAL BY THE MARICOPA COUNTY BOARD OF SUPERVISORS; PROVIDING FOR AN EFFECTIVE DATE FOR THE ANNEXATION AND DECLARING AN EMERGENCY. WHEREAS, the territory described in Exhibit A, attached hereto and incorporated herein by reference thereto, and as illustrated on the map attached hereto as Exhibit B, which is likewise incorporated herein reference thereto, is existing Maricopa County Right-of-Way (hereafter "Right-of-Way"), known as Happy Valley Parkway from the Agua Fria River to Loop 303; and WHEREAS, Arizona Revised Statutes Section 9-471(N) allows annexation of a county right-of-way with no taxable real property adjacent to the city by mutual consent of the governing bodies of the county and city; and WHEREAS, the City of Peoria, Arizona is desirous of extending and increasing the corporate limits of the City of Peoria, Arizona to include the right of way; and WHEREAS, the right-of-way is adjacent to the existing corporate limits of the City of Peoria, Arizona for the entire length of the proposed annexation; and WHEREAS, the governing body of Maricopa County, Arizona contemplates giving its mutual consent to the annexation of such territory within the County right-of-way by the City of Peoria, Arizona; and WHEREAS, by adoption of this ordinance, it is the intent and desire of the Mayor and Council of the City of Peoria, Arizona, to mutually consent to and to annex the right-of-way to the City of Peoria, Arizona, and to give their mutual consent thereto; Ordinance No. 2019-22 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Peoria, Arizona as follows: SECTION 1. That the territory in the Maricopa County right-of-way as described in Exhibits A and B attached hereto is hereby annexed to the City of Peoria, Arizona, and that the present corporate limits of the City of Peoria, Arizona are hereby extended and increased to include the Maricopa County right-of-way described in Exhibits A and B attached hereto, all of which such right-of-way is contiguous for the entire length thereof to the present corporate limits of the City of Peoria, Arizona. SECTION 2. That a copy of this Ordinance, together with an accurate map of the territory hereby annexed to the City of Peoria, Arizona, certified by the Mayor of said City be forthwith filed and recorded in the office of the County Recorder's of Maricopa County, Arizona. SECTION 3. The annexation herein provided for shall become effective upon the last of the following to occur: 1. The effective date of this Ordinance, in the manner prescribed by law, or 2. The date that the consent of the governing body of Maricopa County, Arizona consenting the annexation herein enacted shall become effective in the manner provided bylaw. SECTION 4. In order to preserve the peace, health and safety of the City of Peoria, Arizona, an EMERGENCY is declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the City of Peoria, Arizona this 13th day of August, 2019. / Date Signed Ordinance No. 2019-22 Page 3 of 3 ATTEST: (2,1, let, Rhonda Ceerriimmnn6/kyv„ CCAtyv CC ferk Published in Peoria Times Publication Dates: August 22, 2019 Effective Date: \ ATTACHMENTS: 1. Exhibit A — Legal Description 2. Exhibit B - Map