Ordinance O22-09-05

ORDINANCE O22-09-05 
 
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 ORDAINED BY THE MAYOR AND COUNCIL OF THE 
CITY OF EL MIRAGE, ARIZONA, as follows: 
 
Section 1. 
That certain document titled “Exhibit A” which document was made public record 
by Resolution R22-09-20 amending Title XV, Sections 151.140, 152.030 and 
155.057 of the Code of the City of El Mirage, is hereby referred to, adopted and 
made part of the El Mirage City Code as if fully set out in this Ordinance.   
 
Section 2. 
All ordinances, resolutions, or codes in conflict with the provisions of this 
Ordinance or Code adopted by this Ordinance are repealed. 
 
Section 3. 
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance in 
any part of this addition adopted here by reference is for any reason held invalid 
or unconstitutional by the decision of any court of competent jurisdiction, such 
decision shall not affect the validity of the remaining portions thereof. 
   
 
Section 4.   
The City Clerk is hereby directed to publish this adopting ordinance in full and 
will become effective at the time and manner prescribed by law. 
 
Section 5. 
Because of the urgent need for the implementation of the City’s regulations 
concerning the underground placement of both existing and proposed electrical 
power lines of 13 kV or less and to provide relief from certain undergrounding 
requirements of existing overhead power lines where circumstances deem proper, 
the immediate operation of this Ordinance is necessary for the preservation of the 
health, safety, and general welfare. An emergency is hereby declared to exist, and 
this Ordinance shall be in full force and effect from and after its passage and 
approval by the Mayor and Council as required by law.

PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of El Mirage, 
Arizona 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 Ordinance No. O22-09-05 is a true, 
correct and accurate copy of Ordinance No. O22-09-05, 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 
ordinance. 
                         
Given under my hand and sealed this _____ day of ____________, 20___. 
 
 
 
Seal                                                                             _______________________________                
                                                                               
City Clerk