| ITEM #: 11. DATE: 04/28/2025 AI #:2589 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | ADOPTION OF RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE ANNEXATION AND PROVISION OF CITY SERVICES TO LIBERTY ELEMENTARY SCHOOL DISTRICT NO. 25 PROPERTY |
| STAFF PRESENTER(S): | Kini Knudson, Deputy City Manager |
SUMMARY
Intergovernmental Agreement ("IGA") for the Annexation and Provision of City Services to Liberty Elementary School District No. 25 (Liberty) property providing terms for the annexation of approximately 15.8 acres of land (Property) generally located adjacent to W. Lower Buckeye Rd. between S. Citrus Road and S. Perryville Road.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT RESOLUTION NO. 2025-2462 APPROVING THE INTERGOVERNMENTAL AGREEMENT FOR THE ANNEXATION AND PROVISION OF CITY SERVICES TO LIBERTY ELEMENTARY SCHOOL DISTRICT NO. 25 PROPERTY.
STIPULATIONS
None.
FISCAL IMPACT
As a condition of the City annexing the Property into the City, and providing City services to the Property, the IGA outlines fees to be paid and public improvements to be completed by Liberty.
BACKGROUND AND PREVIOUS ACTIONS
On September 9, 2024, Council authorized staff to initiate the annexation of approximately 15.8 acres generally located at the northwest corner of S. 183rd Avenue and W. Lower Buckeye Road, which is owned by Liberty. The Property abuts Pradera Phase 3 Parcel E (zoned R1-6) and Pradera Phase 3 Parcel F (zoned R1-4), to the east, within the city of Goodyear. The Property also abuts single-family homes (zoned RU-43) to the west, located within Maricopa County, a vacant farmed parcel to the north (zoned) also within Maricopa County.
Liberty intends to develop the Property into a large elementary school campus, initially featuring five buildings to house administrative staff and serve about 850 students, with plans for future expansion. However, since the Property is located in an unincorporated area of Maricopa County where City services are not provided, Liberty would otherwise need to construct its own water and wastewater facilities. To avoid this, Liberty desires annexation of the Property into the City so it can benefit from essential services such as police, fire, water, and wastewater.
Liberty intends to develop the Property into a large elementary school campus, initially featuring five buildings to house administrative staff and serve about 850 students, with plans for future expansion. However, since the Property is located in an unincorporated area of Maricopa County where City services are not provided, Liberty would otherwise need to construct its own water and wastewater facilities. To avoid this, Liberty desires annexation of the Property into the City so it can benefit from essential services such as police, fire, water, and wastewater.
STAFF ANALYSIS
The IGA outlines pre-annexation conditions and requirements that must be met in order for the City to proceed with annexation of the Property. The City and Liberty negotiated mutually agreeable terms for the IGA. Therefore, the City is amenable to annexing the property and extending City services to the Property, contingent on Liberty’s compliance with the IGA’s terms, including constructing the necessary infrastructure improvements needed to serve the Property.
The Agreement shall terminate on July 1, 2026, if the Property has not been annexed into the City by that date, and may be terminated earlier upon the written mutual agreement. The IGA identifies the following responsibilities for each party prior to and following annexation:
Liberty’s responsibilities:
· Design, construct, and bond full half-street improvements on the north half of West Lower Buckeye Road adjacent to the Property per City minor arterial standards (Standard Detail G-3122).
· Design, construct, and bond full half-street improvements on the west half of South 183rd Avenue adjacent to the Property per City minor collector standards (Standard Detail G-3124-1).
· Provide access to the Property via South 183rd Avenue
· The section of South 183rd Avenue between West Lower Buckeye Road and Durango Street must have at least two paved lanes (one in each direction).
· Design and construct a three-legged traffic signal at the intersection of South 183rd Avenue and West Lower Buckeye Road.
· Design, construct, and bond all necessary water and wastewater improvements (on-site or off-site) required for City services for the Initial Phase.
· Will not receive water meters or connect to the City’s water/wastewater transmission lines until the Property is annexed and all applicable City fees (e.g., in-lieu, meter, account setup fees) are paid.
City’s responsibilities:
· Review, permit, and inspect all submitted civil plans for off-site infrastructure, including public water and wastewater systems.
· Review and approve on-site civil and building plans for the Initial Phase, facilitate their submission to the County, and conduct inspections post-annexation.
· Annex the Property once Liberty has met statutory requirements and completed all required infrastructure improvements with the necessary Warranty Bonds and compliance with specified requirements.
· Issue a water meter and provide water and wastewater services.
The proposed IGA and the accompanied Resolution are included as Attachment A. On April 15, 2025, Liberty’s governing board approved the proposed IGA. If approved by Council, the IGA will be executed and recorded. Staff will return at a later date once the conditions of the IGA are met to seek Council approval of the annexation of the Property.
The Agreement shall terminate on July 1, 2026, if the Property has not been annexed into the City by that date, and may be terminated earlier upon the written mutual agreement. The IGA identifies the following responsibilities for each party prior to and following annexation:
Liberty’s responsibilities:
· Design, construct, and bond full half-street improvements on the north half of West Lower Buckeye Road adjacent to the Property per City minor arterial standards (Standard Detail G-3122).
· Design, construct, and bond full half-street improvements on the west half of South 183rd Avenue adjacent to the Property per City minor collector standards (Standard Detail G-3124-1).
· Provide access to the Property via South 183rd Avenue
· The section of South 183rd Avenue between West Lower Buckeye Road and Durango Street must have at least two paved lanes (one in each direction).
· Design and construct a three-legged traffic signal at the intersection of South 183rd Avenue and West Lower Buckeye Road.
· Design, construct, and bond all necessary water and wastewater improvements (on-site or off-site) required for City services for the Initial Phase.
· Will not receive water meters or connect to the City’s water/wastewater transmission lines until the Property is annexed and all applicable City fees (e.g., in-lieu, meter, account setup fees) are paid.
City’s responsibilities:
· Review, permit, and inspect all submitted civil plans for off-site infrastructure, including public water and wastewater systems.
· Review and approve on-site civil and building plans for the Initial Phase, facilitate their submission to the County, and conduct inspections post-annexation.
· Annex the Property once Liberty has met statutory requirements and completed all required infrastructure improvements with the necessary Warranty Bonds and compliance with specified requirements.
· Issue a water meter and provide water and wastewater services.
The proposed IGA and the accompanied Resolution are included as Attachment A. On April 15, 2025, Liberty’s governing board approved the proposed IGA. If approved by Council, the IGA will be executed and recorded. Staff will return at a later date once the conditions of the IGA are met to seek Council approval of the annexation of the Property.