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HomeMy WebLinkAboutResolution 88-033 Declaring intent to form a community facilities districtRESOLUTION NO. 88-33 Resolution of the Town Council of the Town of Marana, Arizona, declaring intent to form a Community Facilities District pursuant to Arizona Revised Statutes Section 48-701 et seq. WHEREAS, pursuant to Section 48-701 et seq. of Arizona Revised Statutes, the Town of Marana is authorized to form a community facilities district, as described in said statute; and WHEP~EAS, on October 4, 1988 owners of certain real property, all of which real property lies wholly within the corporate boundaries of the Town presented to the Council a Petition seeking adoption of a resolution declaring the intent of the Council to form a Community Facilities District; and WHEREAS, the Council finds that the said Petition has been properly executed by the owners of not less than twenty-five percent (25%) of the property proposed to be included within the said District; and WHEREAS, a General Plan for the district has been filed with the Clerk, setting out a general description of the proposed public infrastructure improvements for which the District is proposed to be formed and the general areas to be improved; and WHEREAS, the Council finds that the public convenience and necessity requires the adoption of this Resolution of Intention to form a Community Facilities District; and W-w. REAS, the Town Council of the Town of Marana did, on October 18, 1988 adopt Resolution No. 88-29 relating to its intent to form a Community Facilities District; and WHEREAS, the Town of Marana does now wish to rescind Resolution No. 88-29. NOW THEREFORE,the Town Council of the Town of Marana, Arizona, does hereby resolve, determine and order as follows: Section 1. Rescission of Resolution. The Town Council does hereby rescind in its entirety Resolution No. 88-29. Section 2. Definitions. Unless the context hereof otherwise requires, the following terms shall have the meanings ascribed them in this Section 1: 1.1. ~"Authorized Investments" means any securities in which the district may lawfully invest funds subject to its control. 1.2. "Board" means the Board of Directors of the District. 1.3. "Bonds" means any bonds which may be authorized by the District. 1.4. "Clerk" means the Town Clerk of the Town of Marana. 1.5. "Council" means the Town Council of the Town of Marana, Arizona. 1.6. "District" means that Community Facilities District to which this Resolution relates. 1.7. "Law" means Section 48-701 et seq. of Arizona Revised Statutes, as presently written or as hereafter amended. 1.8. "Town" means the Town of Marana, Arizona. 1.9. "Resolution" means this Resolution of Intention to form Community Facilities District. Section 3. Intention to form District. The Council hereby resolves, pursuant to Section 48-702 of Arizona Revised Statutes, its intention to form the District, on the terms and as described herein. Section 4. Area Included. The area to be included within the District is described on Exhibit A hereto. The District and the boundaries thereof, as the same is intended to be formed, are depicted on Annex "A" to this Resolution. The parcels of real property affected by or included within the boundaries of the district are described by Tax Parcel Number on Annex "B" to the Resolution. Section 5. Purposes for Formation of District. The purposes for which the District is to be formed are: the construction, operation and maintenance of public infrastructure improvements, including a sanitary sewer trunk line, interceptor lines, pump stationsand related facilities; the purchase or condemnation of such real property, or interests therein, as is necessary for the construction and maintenance of the public infrastructure improvements; the issuance of Bonds and other debt, the borrowing of funds, the levy of ad valorem taxes, assessments, charges and fees to finance the construction and maintenance of said improvements and the purchase of such real property interests as is necessary and related costs; the making of such Authorized Investments as the Board shall deem proper; and the undertaking of any other act or matter as is authorized by law. Section 6. Hearing. A public hearing, the subject of which shall be the formation of the proposed District, shall be held on January 3, 1989 at 7:00 o'clock P.M. at the Marana Town Hall, 12775 North Sanders Road, Marana, Arizona. Section 7. Written Objections. Written objections to the formation of the proposed District may be filed with the Clerk, at the Marana Town Hall, 12775 North Sanders Road, Marana, Arizona, prior to 5:00 o'clock P.M. , on or before January 2, 1989. Section 8. Ad Valorem Taxes. The proposed District, if formed, may result in the levy of ad valorem taxes to pay the cost of the improvements to be constructed and for the operation and maintenance thereof. Section 9. District Board. The Council, sitting ex officio shall comprise the Board of Directors of the District. Section 10. Authorization. This Resolution is adopted pursuant to Section 48-701 et seq. of Arizona Revised Statutes. Section 11. No General Town Liability. Neither the general fund of the Town nor that of the State of Arizona or any political subdivision thereof shall be liable for the payment or repayment of any Bonds, notes or other evidences of debt, nor is the credit or taxing power of the Town to be pledged therefor. Section 12. Effective Date. This Resolution shall take effect upon the date of adoption. PASSED AND ADOPTED by the Town Council of the Town of Marana, Arizona this 6th day of December, 1988. ATTEST: MAYOR TOWN CLER~ ~ EXHIBIT A EASTERN MARANA COMMUNITY FACILITIES IMPROVEMENT DISTRICT PRELIMINARY DISTRICT BOUNDARY DESCRIPTION AS 0F DECEMBER $, 1988 Portions of Sections 8,16,17,21,22,25,26,27 and 36, Township 11 South, Range 11 East, and Section 31, Township 11 South, Range 12 East and Section 1, TOwnship 12 South, Range 11 East and Sections 4,$,6,8, and 9, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: Parcel 1: BEGINNING at the southeast section corner of Section 8, Township 11 South, Range 11 East; said corner also being the northwest corner of Section 16, Township 11 South, Range 11 East; THENCE easterly along the north line of said Section 16, to the northeast corner of said Section 16; THENCE southerly along the east line of said Section 16, to the southeast corner of said Section 16, said corner also being the northwest corner of Section 22, Township 11 South, Range 11 East; THENCE easterly along the north line of said Section 22, to the northeast corner of said Section 22; THENCE southerly along the east line of said Section 22, to the southeast corner of said Section 22, said corner also being the northwest corner of Section 26, Township 11 South, Range 11 East; THENCE easterly along the north line of said Section 26, to the northeast corner of said Section 26; THENCE continuing easterly along the north line of Section 15, Township 11 South, Range 11 East to the northeast corner of Parcel 2C which lies on said north line of Section 25 as shown in the Plma County Assessor's Map; THENCE southeasterly along the easterly line of said Parcel 2C, and the easterly line of Parcels 1E, 1H and 1F as shown on said Assessor's map, to the southeast corner of said Parcel 1F, which point lies on the north line of Section 36, Township 11 South, Range 11 East; THENCE easterly along the north northeast corner of Section East; line of said Section 36, to the 36, Township 11 South, Range 11 THENCE southerly along the east line of said Section 36, to the northwest corner of the south one-half (S 1/2) of Section 31, Township 11 South, Range 12 East; THENCE easterly along the north line of said south one-half (S 1/2) of Section 31, to the northeast corner of the south one-half of said Section 31; THENCE southerly along said east line of Section 31 to the southeast corner of Parcel 3B as shown on said Assessor's map; THENCE westerly along south line of Parcel 3B to the northeast corner of Parcel 8 as shown on said Assessor's map, Section 31, Township 11 South, Range 12 East; THENCE southerly along east line of Parcels 8 and 9 as shown on said Assessor's map, to a point on the south line of Section 31, Township 11 South, Range 12 East; THENCE easterly along south line of said Section 31, to the southeast corner of Section 31, Township 11 South, Range 12 East, said corner being the northwest corner of Section 5, Township 12 South, Range 12 East; THENCE easterly along the north line of said Section 5, to the northeast corner of said Section 5, Township 12 South, Range 12 East; T~_~NCE continuing easterly along the north line of Section 4, Township 12 South, Range 12 East to the northeast corner of Parcel lB, as shown on said Assessor's map; THENCE southerly along the east line of said Parcel lB to the southeast corner of said Parcel lB, as shown on said Assessor's map; THENCE westerly along the south line of said Parcels lB and 1A to the west line of said Section 4, Township 12 South, Range 12 East; THENCE southerly along said west line to the northwest corner of Parcel 2 of Section 4, Township 12 South, Range 12 East, as shown on said Assessor's map; T}~NCE easterly along the north lines of said Parcel 2 and Parcel 3A of said Section 4, Township 12 South, Range 12 East, to the northeast corner of said Parcel 3A, as shown on said Assessor's map; 2 THENCE southerly along the east line of said Parcel 3A, to the south line of said Section 4, said point is the northeast corner of the northwest one-quarter (NW 1/4) of Section 9, Township 12 South, Range 12 East; THENCE continuing southerly along the east line of the northwest one-quarter (NW 1/4) of said Section 9, to the southeast corner of the northwest one-quarter (NW 1/4) of said Section 9, Township 12 South, Range 12 East; THENcE westerly along the south line of said northwest one-quarter (NW 1/4) of Section 9, Township 12 South, Range 12 East to the southwest corner of the southeast one-quarter (SE 1/4) of the northwest one-quarter (NW 1/4) of said Section 9; T~NCE southerly along the west line of the northeast one-quarter (NE 1/4) of the southwest one-quarter (SW 1/4) of said Section 9, Township 12 South, Range 12 East, to the north line of the Southern Pacific Railroad (SPRR) right-of-way; THENCE northwesterly along the northerly line of the SPRR right- of-way through Section 9, Section 8, Section 5, and Section 6, all in Township 12 South, Range 12 East, and Section 31, Township 11 South, Range 12 East, Section 36, Section 25, Section 26, Section 27, Section 22, Section 21, Section 16, Section 17 and Section 8, all in Township 11 South, Range 11 East, to the intersection with the west line of Section 8, Township 11 South, Range 11 East; THENCE northerly along said west line of Section 8 to the northwest corner of Section 8, Township 11 South, Range 11 East; THENCE easterly along north line of Section 8 to the northeast corner of the northwest one-quarter (NW 1/4) of Section 8, Township 11 South, Range 11 East; T~ENCE southerly along the east line of said northwest one-quarter (NW 1/4) to the southeast corner of the northwest one-quarter (NW 1/4) of Section 8, Township 11 South, Range 11 East; THENCE easterly along the said north line of Parcel 4B as shown on said Assessor's Map, to the northeast corner of the northwest one-quarter (NW 1/4) of the southeast one-quarter (SE 1/4) of Section 8, Township 11 South, Range 11 East; THENCE southerly along the east line of the northwest one-quarter (NW 1/4) of the southeast one-quarter (SE 1/4) to the southeast corner of the northwest one-quarter (NW 1/4) of the southeast one-quarter (SE 1/4) of Section 8, Township 11, South, Range 11 East; T~ENCE easterly along the north line of the southeast one-quarter (SE 1/4) of the southeast one-quarter (SE 1/4) to the northeast corner of said one-quarter; THENCE southerly along the east line of the southeast one-quarter (SE 1/4) of the southeast one-quarter (SE 1/4) to the True Point of Beginning being the southeast section corner of Section 8, Township 11 South, Range 11 East. ALSO Parcel 2: BEGINNING on a point on the north line of Section 27, Township 11 South, Range 11 East which lies a distance of 497.3 more or less feet east of the northwest corner of said Section 27; T~/~CE easterly along said north line to the northeast corner of the northwest one-quarter (NW 1/4) of said Section 27; THENCE southerly 2629.73 more or less feet to the northwest corner of the southeast one-quarter (SE 1/4) of said Section 27; T~ENCE easterly along the north line of said southeast one- quarter(SE 1/4) to the northeast corner of said southeast one- quarter (SE 1/4); THENCE northerly along the east line of said Section 27, to the intersection with the southerly line of the right-of-way of the Casa Grande Highway; THENCE southeasterly along said southerly line of the Casa Grande Highway right-of-way to the intersection with the south line of Section 26, Township 11 South, Range 11 East; THENCE westerly along said south line of Section 26, and the south line of said Section 27, to the southwest corner of Section 27, Township 11 South, Range 11 East; THENCEwesterly along the south line of section 28 to the southwest corner of the southeast one-quarter (SE 1/4) of section 28, Township II South, Range II East; THENCE northerly along the west line of said southeast one-quarter (SE 1/4), to the northwest corner of said southeast one- quarter (SE 1/4); THENCE easterly along the north line of said southeast one-quarter (SE 1/4) to the west line of Section 27, Township II South, Range II East; 4 THENCE easterly along the south line of said northwest one-quarter (NW 1/4) of said Section 27, a distance of 497.3 feet; THENCE northerly along a line parallel with and 497.3 feet east of the west line of said Section 27, to the TRUE POINT OF BEGINNING. ALSO Parcel 3: BEGINNING at the southwest corner of Section 36, Township 11 South, Range 11 East; THENCE northerly along the west line of said Section 36, to the intersection with the southerly line of the Casa Grande Highway right-of-way; THENCE southeasterly along said southerly line of the Casa Grande Highway right-of-way through Section 36, Township 11 South, Range 11 East, Section 31, Township 11 South, Range 12 East, Section 6, Township 12 South, Range 12 East to the east line of the west one-half (W 1/2) of said Section 6; THENCE southerly along said east line to the southeast corner of the west one-half (w 1/2) of said Section 6; THENCE westerly along the south line of said west one-half (W 1/2) to the southwest corner of said Section 6; THENCE northerly along the west line of said Section 6, to the southeast corner of the northeast one-quarter (NE 1/4) of Section 1, Township 12 South, Range 11 East; T~ENCEwesterly along the south line of the north one-half (N 1/2) of said Section 1, to the southwest corner of the southeast one-quarter (SE 1/4) of the northwest one-quarter (NW 1/4) of said Section 1; THENCE northerly along the west lines of the southeast one-quarter (SE 1/4) and northeast one-quarter (NE 1/4) of the northwest one-quarter (NW 1/4) to the south line of Section 36, Township 11 South, Range 11 East; THENCE westerly along said south line to the southwest corner of said Section 36, which is the TRUE POINT OF BEGINNING. Parcels lying within the Improvement District boundaries that are excluded: 21727002P 21733002D 21755011B 217430030 United States of America RFM III United States of America Cortaro-Marana Irrigation District 2.17430010 McElhannon Sec. 28, TllS, RllE Sec. 22, T11S, Rile Sec. 21, T11S, RllE Sec. 36, TllS, RllE Sec. 28, TllS, RllE Excluding all dedicated property such as roads, easements and drainageways. Parcels 1, 2 and 3 containing 5,346.30 acres more or less. ::::::::::::::::::::::::::::::::::::::::::::::::