ELEC DIST #8 RESOLUTION #2014-3 04-21-2014.PDF

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
20140256999 04/22/2014 10:25
ELECTRONIC RECORDING
When recorded return to: ED804222014-5-1-1--
Jay 1. Moyes, Esq. Yorkm
Moyes Sellers & Hendricks
1850 N. Central Ave. #1100
Phoenix, AZ 85004
Resolution 2014- 3
FINDINGS, RESOLUTION AND ORDER OF INCLUSION RECEIVED
of
THE BOARD OF DIRECTORS SEP 03 2015
of
ELECTRICAL DISTRICT NUMBER EIGHT CLERK MBOA IS)P0AFCSOUUPETRYV
MARICOPA COUNTY, ARIZONA SUPERVISORS ..
FOR UNIT )0(1 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. 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 )(XI Lands"; and the owners of parcels of said
lands are collectively referred to herein as the "Unit XXI 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 XXI 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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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 XXI Lands, or the transfer and
administration of electrical accounts pursuant to such inclusion, shall be promptly paid
by the Unit XXI Landowner(s)/ Petitioner(s) in the respective proportions that each
Petitioner's included acreage bears to the total Unit XXI Lands acreage, upon invoice
from the District.
4. Inclusion of the Unit XXI Lands shall not affect in any manner the water or
water rights appurtenant to or in any way associated with any of the Unit XXI Lands or
any other lands within or without the boundaries of the District.
5. The Unit )0<l 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 )0(1 Lands shall be charged for District
services under "Block XXI" 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 XXI 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 XXI 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 )(XI Lands and Landowners; and the District may impose exclusively upon the
Unit XXI 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 XXI 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 )0(1 Lands and the accounts and
customers thereon, shall remain solely with the owners and operators of the Unit )0(1
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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 XXI 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 XXI 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 XXI 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.
ENTERED AND DATED this 2/day of , 2014.
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
, 2014.
V AA
Secretary
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EXHIBIT "A"
LEGAL DESCRIPTIONS AND LEGAL OWNERS OF LANDS PETITIONING FOR INCLUSION
Foot Creek Corporation Of Arizona
GDS Farms, LLC
APN ACRES Legal Description
401-86-022 40.00 NE4 NW4 S16 T45 R1OW
401-86-024B 37.50 SW4 NW4 S16 T4S R1OW
403-45-011 40.00 SW4 NE4 40 AC 58 T65 R5W
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