ED 8 RESOLUTION 2017-4 06-19-2017.PDF

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
20170557949 07/31/2017 11:01
ELECTRONIC RECORDING
When recorded return to: ED807312017-4-1-1—
Jay I. Moyes, Esq. 1eonardi1
Moyes Sellers & Hendricks
1850 N. Central Ave. #1100
Phoenix, AZ 85004
Resolution 2017- 4
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA COUNTY, ARIZONA
FOR UNIT XXXII LANDS
WHEREAS the following FINDINGS have been duly made by the Board of Directors (the "Board")
of Electrical District Number Eight of Maricopa County (the "District"):
A. Petitions have been timely and properly filed with the District in sufficient form and substance
pursuant to A.R.S. 48-1721 by the owners of certain lands, the legal description of which lands and the
respective owners of the various parcels thereof are all set forth on the attached Exhibit A hereto,
incorporated herein by this reference. The Petitions request inclusion of said lands in the District. The
Petitions have been accepted by the District, and copies thereof are on file with the District. (Said lands
are collectively referred to herein as the "Unit XXXII Lands"; and the owners of parcels of said lands are
collectively referred to herein as the "Unit XX)(II Landowners.")
B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on June 19th, 2017, to receive objections, if any, to the Petitions, all in accordance with A.R.S. §§
48-1704 and 48-1721, at which hearing no objections were made to the Petitions. Affidavits of posting
and publication of the notice of hearing are on file with the District. No objections to the Petitions have
been registered with the Board in writing or otherwise.
C. The parcels of Unit XXXII Lands covered by the Petitions are, respectively, in a reasonably
compact body and regular form, and not so far removed as to materially increase the cost of service in
the District, inasmuch as District service is rendered by means of electrical or gas transmission and
distribution systems and facilities owned, maintained and operated by third party utilities and not by the
District, and the contractually established rates currently charged the District for District customers' use of
such systems and facilities are not determined on the basis of any distances between the Unit XXXII
Lands and the other lands in the District. It is noted however, that future charges may depend upon the
Unit XXXII Lands' distance from major electrical facilities, and the Unit XXXII Lands will be subject
thereto.
D. The Unit XXXII Lands may be equitably included in the District if done so expressly upon
equitable terms and conditions applicable specifically to the Unit XXXII Lands, which terms and conditions
are related to the peculiar distinguishing facts and characteristics of the Unit XXXII Lands vis a vis other
lands in the District; e.g., the Unit XXXII Lands have not paid taxes or assessments since the formation of
the District, and the resource loads of such lands were not included in the historical electric load base
upon which was determined the District's proportionate allocation of Boulder Canyon Project federal
preference hydropower, with its various appurtenant and related rights and contracts from and with the

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Arizona Power Authority and the Western Area Power Administration, inter alia, (collectively, the
"Preference Power Rights.") Such equitable terms and conditions of admission are appropriate and
necessary in order to insure that inclusion of the Unit XXXII Lands shall not jeopardize or impair the rights
and privileges of the other lands and landowners previously in the District.
NOW, THEREFOR, be it RESOLVED, and it is hereby ORDERED, that the Unit XXXII Lands,
as particularly described on the attached Exhibit A, are collectively, and each parcel thereof is
individually, hereby included in the District, but only expressly upon and subject to such equitable terms
and conditions as the Board determines may be necessary and appropriate to insure that such inclusion
of, and District service to, such lands shall not jeopardize or impair the rights and privileges enjoyed by
the other lands and landowners in the District by virtue of their prior inclusion in the District, including
without limitation the following specific conditions:
CONDITIONS OF INCLUSION:
1. The Unit XXXII Lands shall not be liable for any District taxes or assessments levied prior to
this Order of Inclusion, but shall be fully liable in the same manner as all other lands in the District for all
taxes and assessments levied, and obligations incurred, by or for the benefit of the District after the date
hereof.
2. Lessees of State-owned lands shall be liable for timely payment of District assessments in lieu
of taxes in the same amounts and at the same times as if such assessments were taxes levied against
such lands, the District's receipt of each installment of which shall be a perpetual condition precedent to
any District obligation to provide service to such lands.
3. All costs incurred by the District, whether before or after the date hereof, related to the
Petitions and any District activities in response thereto, or the consideration or implementation of the
inclusion of the Unit XXXII Lands, or the transfer and administration of electrical accounts pursuant to
such inclusion, shall be promptly paid by the Unit XXXII Landowner(s)/ Petitioner(s) in the respective
proportions that each Petitioner's included acreage bears to the total Unit XXXII Lands acreage, upon
invoice from the District.
4. Inclusion of the Unit XXXII Lands shall not affect in any manner the water or water rights
appurtenant to or in any way associated with any of the Unit XXXII Lands or any other lands within or
without the boundaries of the District.
5. The Unit XXXII Lands' priority of access to District power resources shall be expressly
secondary and subordinate to the priority or priorities of all other lands that were in the District prior to the
date hereof. Unit XXXII Lands shall be charged for District services under "Block XXXII" rates and terms,
which may be substantially more expensive than or otherwise less advantageous than the rates and
terms applicable to service to other lands previously in the District, as determined from time to time by the
Board as necessary or appropriate to insure that the immediate and long-term costs and quality of service
to the lands previously in the District are not adversely affected by inclusion of and service to the Unit
XXXII Lands. Such terms may include, but are not limited to, higher deposit requirements, and
restrictions or limitations on participation in certain District programs benefiting District lands, such as a
District line extension program, if any, for reasonable periods of time until sufficient history of reliable
payment and performance within the District has been established, all at the discretion of the Board.
6. The transfer of electrical accounts serving the Unit XXXII Lands may, under applicable laws or
agreements, give rise to certain stranded generation cost obligations payable to Arizona Public Service
Company ("APS"), as the utility previously serving such accounts. The discharge of all such obligations
shall be the sole responsibility of the Unit XXXII Lands and Landowners; and the District may impose
exclusively upon the Unit XXXII Lands and Landowners and related accounts various substantial fees or

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surcharges, and may modify its normal resource purchasing and scheduling practices in ways that could
increase the costs of service to the Unit XXXII Lands, as deemed reasonably necessary by the Board to
effectively discharge such obligations in a manner not adverse to the other lands and customers in the
District.
7. All responsibilities, relationships and liabilities related to the installation, condition,
maintenance, operation, control, replacement, regulatory compliance or other aspects of the lines,
transformers, motors, pumps, other physical facilities, equipment, operational controls and activities of
APS, the account customer or their respective agents or representatives, related to the Unit XXXII Lands
and the accounts and customers thereon, shall remain solely with the owners and operators of the Unit
XXXII Lands, respectively. The District shall have no liability for or duty to participate in such
relationships or activities, except as the Board may expressly elect to undertake, at its sole discretion, in
the best interests of all of the District. The Unit XXXII Landowners shall be solely responsible for, but
shall coordinate with the District administrator, all on-site activities necessary to physically connect and
maintain service to their accounts through APS facilities in accordance with the District's Rules and
Regulations, the customer's Agreement for Electrical Service, and the District's various contracts with
APS.
8. Service to Unit XXXII Lands will be provided only pursuant to a fully executed Agreement for
Electric Service between the District, the Landowner and any other lessee, operator or other party
participating as a customer of the District, in form acceptable to the Board and the District's legal counsel,
and upon satisfaction of all applicable deposit requirements as established by the Board for Block XXXII
accounts.
IT IS FURTHER ORDERED that a certified copy of this Findings, Resolution and Order be filed
with the Board of Supervisors, and recorded with the official Recorder, of Maricopa County; and that the
District's officers, administrator, engineers and legal counsel take such other actions as may be
necessary, reasonable and prudent to effect the purposes and intent, and enforce the terms and
conditions of, this Findings, Resolution and Order.
ENTERED AND DATED this 19th day of June, 2017.
The Board of Directors of
Electrical District Number Eight
Vc Chairman
I hereby certify that the above is a true copy of the Findings, Resolution and Order of the Board of
Directors of Electrical District Number Eight entered and dated June, 19th, 2017.
Secretary

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EXHIBIT "A"
LEGAL DESCRIPTIONS AND LEGAL OWNERS
OF LANDS PETITIONING FOR INCLUSION
MARICOPA COUNTY
DE JONG THOMAS N/KATIE M
S33 T35 R4W
APN Acres Legal Description
401-69-937 10.00 N2 OF S 1030.25F OF N 2060.50F OF E 845.62F
OF NE4 SEC 33 AKA PARCEL 1 PER MCR 799-07
SCM PENDLETON LLLP/SCM-WHITEMAN LLLP/ETAL
S22 TIN RIW
APN Acres Legal Description
500-58-004C 74.36 W2 NW4 EX N 58F & EX W 65F
500-58-004A 2.21 S 25F OF N 58F & E 25F OF W 65F OF W2 NW4 EX
N&W 33F

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