HomeMy WebLinkAboutEasements - 4/11/96 Condemnation to Attain Public Utilities- Rancho Vistoso Water Company and Canada Hills Water RESOLUTION NO. (R)96-26
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
ORO VALLEY, PIMA COUNTY, ARIZONA, APPROVING AND
AUTHORIZING THE FILING OF A CONDEMNATION ACTION
FOR THE PURPOSE OF ATTAINING PUBLIC UTILITIES, I.E.,
RANCHO VISTOSO WATER COMPANY AND CANADA HILLS
WATER COMPANY AND, IF ACQUIRED, AUTHORIZING THE
LEASE OF SAID WATER COMPANIES TO THE TOWN OF ORO
VALLEY MUNICIPAL PROPERTY CORPORATION
WHEREAS, ORO VALLEY has the requisite statutory authority to acquire, own,
operate, and maintain a water utility for the benefit of the landowners within its
boundaries pursuant to the provision of Arizona Revised Statutes § 9-501 et seq.; and
WHEREAS, ORO VALLEY is a political subdivision of the State of Arizona,is vested
with all the rights, privileges and benefits, and entitled to the immunities and
exemptions granted municipalities and political subdivisions under the Constitution
and laws of the State of Arizona and the United States; and
WHEREAS, the Rancho Vistoso Water Company and the Canada Hills Water
Company are available for acquisition by the Town at this time; and
4
WHEREAS, the citizens of the TOWN OF ORO VALLEY authorized the TOWN OF
ORO VALLEY to engage in the purchase, condemnation, operation and maintenance
of a public utility for provision of domestic water pursuant to a duly constituted
election held on March 9, 1993; and
WHEREAS, the TOWN COUNCIL deems it necessary in the interest of providing
for the health, safety and welfare of the citizens of the TOWN OF ORO VALLEY to
authorize the Town's legal counsel to proceed with said condemnation action in order
to ensure that the citizens of ORO VALLEY have a meaningful opportunity to
participate with regard to water rates, water quality, and in order to ensure a
provision of necessary water services to the residences presently being served by
Rancho Vistoso Water Company and the Canada Hills Water Company;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN
COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA:
1. That legal counsel is authorized to proceed with the filing of condemnation
documents to obtain the Rancho Vistoso Water Company and the Canada Hills
Water Company should this be found to be necessary in their discretion.
2. In the event the Town acquires the Canada Hills Water Company, the Rancho
Vistoso Water Company or either of them through judicial proceedings in lieu
of acquisition by the Town of Oro Valley Municipal Property Corporation (the
"Corporation") pursuant to the terms of any asset purchase agreements, the
Town hereby agrees to lease to the Corporation such water system or systems
pursuant to an asset lease agreement (the "Asset Lease"). The form of the
Asset Lease on file with the Town Clerk is hereby approved, with such
insertions, deletions and changes as shall be approved by the Mayor, Manager
or Finance Director. The Mayor, Manager, Finance Director or Town Clerk are
hereby authorized and directed to execute and deliver the Asset Lease and such
other documents and instruments as are necessary to complete the transaction
contemplated thereby provided the Corporation will lease the assets back to the
Town pursuant to the terms of the previously approved Lease-Purchase
Agreement. In the event all such references in the Lease-Purchase Agreement
to leasing the "Project" by the Corporation to the Town shall mean leasing the
leasehold interest in the "Project" and any references herein to transferring the
"Project" or title thereto to the Town from the Corporation shall mean
terminating the Asset Lease and the right of the Corporation in the "Project"
thereunder.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro
Valley, Arizona this 11 day of April , 1996.
TOWN OF ORO VALLEY,ARIZONA
(a_
A I 1
Cheryl Skal s y, Mayor
ATTEST:
;t9:q Cx -eiKathryn . Cuvelier, Town Clerk
APPROVED AS TO •RM:
Tobin Sidles, Town Attorney
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