Resolution R22-09-20

RESOLUTION R22-09-20 
 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF 
EL MIRAGE, ARIZONA, AMENDING TITLE XV, SECTIONS 151.140, 
152.030 AND 155.057 OF THE CODE OF THE CITY OF EL MIRAGE.   
 
 
 
 
WHEREAS, the Mayor and City Council have adopted Title XV of the City Code to 
provide rules and regulations regarding development within the City with Chapter 151 “Public 
Rights-of-Way; Encroachments”, Chapter 152 “Property Development; Off-site Construction 
Improvement Requirements”, and Chapter 155 “Subdivisions”; and 
 
 
WHEREAS, several Sections within these Chapters refer to the undergrounding of utilities 
for both existing and proposed lines; and 
 
WHEREAS, the City of El Mirage would like to revise these Sections to provide clarity 
as well as to allow the City Council to provide relief from the undergrounding requirements of 
existing overhead utility lines 13 kV and under in certain scenarios; and 
 
WHEREAS, Arizona Revised Statutes § 9-802 provides a procedure whereby a 
municipality may enact the provisions of a code or public record by reference, without setting forth 
such provisions, provided that the adopting ordinance is published in full; 
 
 
 
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of El 
Mirage, Arizona that the City of El Mirage City Code be amended as follows: 
 
Section 1.   That the document attached hereto as Exhibit “A” amending Sections 151.140, 
152.030 and 155.057 of the City Code to be revised for clarity purposes as well as 
allow relief from the undergrounding of existing overhead utility lines 13 kV and 
under at the discretion of City Council is hereby declared to be a public record.     
 
Section 2.   That the document attached hereto as Exhibit “A”, shall amend Sections 151.140, 
152.030 and 155.057 of the City Code and is ordered to remain on file with the City 
Clerk.   
 
PASSED AND ADOPTED by the Mayor and Council of the City of El Mirage this 8th 
day of September 2022. 
 
_____________________________ 
       Alexis A. Hermosillo, Mayor 
 
 
ATTEST: 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
____________________________ 
____________________________ 
Sharon Antes, City Clerk 
 
 
 
       Justin Pierce, City Attorney

CERTIFICATION OF RECORDING OFFICER 
 
 
STATE OF ARIZONA                                     ) 
County of Maricopa                                           ) ss. 
 
I, the undersigned, Sharon Antes, being the duly appointed, qualified City Clerk of the City of El 
Mirage, Maricopa County, Arizona, certify that the foregoing Resolution No. R22-09-20 is a true, 
correct and accurate copy of Resolution No. R22-09-20, passed and adopted at a Voting Meeting of 
the Council of the City of El Mirage, Maricopa County, Arizona, held on the 8th day of September 
2022, at which a quorum was present and, by a  _______ vote,  _______ voted in favor of said 
resolution. 
                         
 
Given under my hand and sealed this _____ day of ____________, 20___. 
 
 
 
 
 
 
 
Seal                                                                             _______________________________                
                                                                               
City Clerk