Discussion and possible action to approve the Petition for Formation, to adopt RES. 2023-100 intention and ordering the formation of proposed Maintenance Improvement District No. 1278, Cyrene at Mystic Foothills, located Southeast of Westland Road and El Mirage Road; and adopt RES. 2023-101 ordering the improvements within the proposed Maintenance Improvement District and declaring an emergency.

The purpose of the Maintenance Improvement District is for the operations, maintenance, repair and improvements to landscaping adjacent to designated public roadways and parkways within the proposed district, as well as drainage and retention within each proposed district.   Until such time as the Homeowner’s Association fails, and the Council directs City staff to assume maintenance responsibility, a line item of $0.00 will display on the homeowners’ property tax bills.

Pursuant to the provision of A.R.S. 48-574, et. seq., the Mayor and Council are empowered to adopt a Resolution ordering the formation of a Maintenance Improvement District.  A Petition and Resolution of Intention are attached for formation of City of Peoria Maintenance Improvement District No. 1278, Cyrene at Mystic Foothills, located southeast of Westland Road and El Mirage Road.  In the case in which all of the property owners have presented a petition for formation, the ordinary publication and protest period are not required by law; the Council may then adopt a Resolution ordering the improvements when necessary once the Resolution of Intention is first adopted. The Resolution Ordering the improvements finalizes the formation of the Maintenance Improvement District process.

Under Arizona State law, commencing in October 2024, the residents will have a line item of $0.00 on their property tax bill for maintenance of the landscape, irrigation and drainage improvements, located adjacent to and within the public rights-of-way and tracts until such time the Homeowner’s Association fails. In accordance with state statute, an assessment diagram and map, listing each parcel of property within the district has been prepared.

The final plat for Cyrene at Mystic Foothills was approved by the City on June 27, 2023 and recorded with the County.

Staff recommends the approval of the Petition for Formation, adopt the Resolution of Intention, and Resolution Ordering the Improvements for a proposed Maintenance Improvement District No. 1278, Cyrene at Mystic Foothills, located southeast of Westland Road and El Mirage Road as well as authorize the City Clerk to record the Maintenance Improvement District with the Maricopa County Recorder’s Office subject to the following stipulations:

1. All civil and landscape/irrigation plans must be approved by the City of Peoria (City) prior to recordation of the Maintenance Improvement District;
2. The final plat for the subdivision must be approved by City Council and recorded with the Maricopa County Recorder’s Office prior to recordation of the Maintenance Improvement District; and
3. The developer must provide a fully executed Petition, Waiver and Consent to Formation of a Municipal Improvement District.

There is no direct fiscal impact to the City to approve the Maintenance Improvement District.  However, the City would incur the additional charges associated with the maintenance responsibilities should the taxing district not be approved and recorded, and the Homeowner’s Association fails.