ED 8 RESOLUTION 2017-8 12-17-2018.PDF

RECEIVED: OFFICIAL RECORDS OF
MARICORA COUNTY RECORDER
By the Clerk of the Board on ADRIAN FONTES
20180045714 01/19/2018 09:10
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ELECTRONIC RECORDING
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When recorded return to: ED801192018-4-1-1--
Jay I. Moyes, Esq. morenoa
Moyes Sellers & Hendricks
1850 N. Central Ave. #1100
Phoenix, AZ 85004
Resolution 2017- 8
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of
THE BOARD OF DIRECTORS
of
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA COUNTY, ARIZONA
FOR UNIT )00(11I 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 XXXIII Landowners.")
B. Upon proper and timely notice duly published and posted, a public hearing was held by the
Board on December 18th. 2Q17, 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 XXXIII 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 XXX111
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 XXXIII 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 XXXIII Lands vis a
vis other lands in the District; e.g., the Unit XXXIII 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

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 X)0011 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 XXXIII 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 )0<XIII 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 )(XXIII Lands acreage, upon
invoice from the District.
4. Inclusion of the Unit XXXIII Lands shall not affect in any manner the water or water rights
appurtenant to or in any way associated with any of the Unit =01 Lands or any other lands within or
without the boundaries of the District.
5. The Unit XXXIII 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 XXXIII 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 XXXIII 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 XXXIII Lands and Landowners; and the District may impose
exclusively upon the Unit )00011 Lands and Landowners and related accounts various substantial fees or

surcharges, and may modify its normal resource purchasing and scheduling practices in ways that could
increase the costs of service to the Unit XXXIII 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 XXXIII Lands
and the accounts and customers thereon, shall remain solely with the owners and operators of the Unit
)00011 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 MOGI 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 18th day of December. 2017.
The Board of Directors of
Electrical District Number Eight
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 December, 18th, 2017.
S6cretary

EXHIBIT "A"
LEGAL DESCRIPTIONS AND LEGAL OWNERS
OF LANDS PETITIONING FOR INCLUSION
MARICOPA COUNTY
SILVER CANYON NURSERIES INC
S6 T4S R4W
APN Acres Legal Description
401-72-006 78.20 Lot 6 and the Northeast quarter of Southwest quarter
of Section 6, Township 4 South, Range 4 West of the
Gila and Salt River Base and Meridian, Maricopa
County, Arizona