ELEC DIST #8 RESOLUTION #2013-8 10-21-2013.PDF

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
20140172879 03/19/2014 09:39
ELECTRONIC RECORDING
When recorded return to: ED803192014C-5-1-1--
Jay I. Mayes, Esq. hoyp
Moyes Sellers & Hendricks
1850 N. Central Ave. #1100
Phoenix, AZ 85004
Resolution 2013- 8
FINDINGS, RESOLUTION AND ORDER OF INCLUSION
of CEIVED
THE BOARD OF DIRECTORS
of SEP 0 3 2015
ELECTRICAL DISTRICT NUMBER EIGHT
MARICOPA COUNTY, ARIZONA MARICOP/A COUNTY
FOR UNIT XX LANDS CLERK BOARD OF SUPERVISORS
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. A Petition has 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
Petition requests inclusion of said lands in the District. The Petition has been accepted
by the District, and copies thereof are on file with the District. (Said lands are
collectively referred to herein as the "Unit XX Lands"; and the owners of parcels of said
lands are collectively referred to herein as the "Unit XX Landowners.")
B. Upon proper and timely notice duly published and posted, a public hearing
was held by the Board on October 21st, 2013, to receive objections, if any, to the
Petition, all in accordance with A.R.S. §§ 48-1704 and 48-1721, at which hearing no
objections were made to the Petition. Affidavits of posting and publication of the notice
of hearing are on file with the District. No objections to the Petition have been
registered with the Board in writing or otherwise.
C. The parcels of Unit XX Lands covered by the Petition 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

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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 XX Lands and the other lands in the District. It is noted however, that future
charges may depend upon the Unit XX Lands' distance from major electrical facilities,
and the Unit XX Lands will be subject thereto.
D. The Unit XX Lands may be equitably included in the District if done so
expressly upon equitable terms and conditions applicable specifically to the Unit XX
Lands, which terms and conditions are related to the peculiar distinguishing facts and
characteristics of the Unit XX Lands vis a vis other lands in the District; e.g., the Unit XX
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 XX 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 XX 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 XX 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.
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3. All costs incurred by the District, whether before or after the date hereof,
related to the Petition and any District activities in response thereto, or the consideration
or implementation of the inclusion of the Unit XX Lands, or the transfer and
administration of electrical accounts pursuant to such inclusion, shall be promptly paid
by the Unit XX Landowner(s)/ Petitioner(s) in the respective proportions that each
Petitioner's included acreage bears to the total Unit XX Lands acreage, upon invoice
from the District.
4. Inclusion of the Unit XX Lands shall not affect in any manner the water or
water rights appurtenant to or in any way associated with any of the Unit XX Lands or
any other lands within or without the boundaries of the District.
5. The Unit XX 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 XX Lands shall be charged for District
services under "Block )0(" 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 XX 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 XX 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 XX Lands and Landowners; and the District may impose exclusively upon the
Unit X)( 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 XX 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 XX Lands and the accounts and
customers thereon, shall remain solely with the owners and operators of the Unit XX
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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 XX 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 XX 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 XX accounts.
IT IS FURTHER ORDERED that a certified copy of this Findings, Resolution and
Order be filed with the Boards 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.
51-
ENTERED AND DATED this 2/ — day of ce.-m66-‹ , 2013.
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
Oc-7-0 -E, 2/ , 2013.
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EXHIBIT "A"
LEGAL DESCRIPTIONS AND LEGAL OWNERS OF LANDS PETITIONING FOR INCLUSION
RLF DESERT FARMS VII LLC SANDERS FAMILY FARMS LP
APN ACRES APN ACRES
401-39-012 79.00 401-58-029 79.00
401-39-011 77.00 401-58-030 158.00
401-39-007 35.36 401-58-031-E 15.59
401-39-008 39.00 401-58-031-G 19.35
401-39-009 55.00 401-58-032 80.00
401-39-010 22.50 401-59-009-A 153.02
401-35-001-A 312.74 401-59-009-B 0.34
401-35-002-C 150.65 401-59-009-C 0.34
401-35-002-D 1.48 401-59-009-D 0.34
401-35-003-J 0.00 401-59-009-E 0.34
401-35-003-K 0.00 401-59-009-F 0.25
401-35-003-1 0.00 401-59-009-G 0.37
401-34-002-A 1.34 401-59-010-A 144.26
401-34-003 77.00
401-34-004 78.08
401-34-005 74.96
401-34-006-B 10.00
401-34-006-D 0.99
401-34-006-G 136.35
401-34-007 7.34
401-34-001 150.81
401-39-003 40.00
401-34-008 5.83
401-34-001 150.81
401-34-009 6.10
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