ORDINANCE NO. 883-25

ORDINANCE NO. 883-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF QUEEN CREEK, ARIZONA, ADOPTING WASTEWATER CAPACITY FEES IN COMPLIANCE WITH STATE LAW. WHEREAS, Arizona's enabling legislation for water and wastewater capacity fees, ARIZ. REV. STAT.§ 9-511.01 (the "Utility Statute") requires the Town of Queen Creek (the "Town") to prepare a written report providing a schedule of the proposed increased wastewater capacity fees and the analysis supporting the proposed increases (including cash flow projections); and WHEREAS, DTA, the Town's consultant, has prepared, on behalf of the Town, a written report providing a schedule of the proposed increased wastewater capacity fees and the analysis supporting the proposed increases (including cash flow projections) entitled "Wastewater Capacity Fee Study, Town of Queen Creek" dated November 14, 2025 (the "Report"); and WHEREAS, the Utility Statute also requires the Common Council of the Town (the "Town Council") to (i) adopt a Notice of Intention to adopt the fees, (ii) file the written report with the Town Clerk, and (iii) post the written report on the Town's website at least 60 days prior to holding a public hearing on the proposed fees; and WHEREAS, on October 1, 2025, the Town Council (i) adopted the Notice of Intention that confirmed the filing and posting of the draft Report as required by the Utility Statute and (ii) set a public hearing to consider the proposed new or increased fees at its regularly scheduled meeting on December 3, 2025; and WHEREAS, The Town Council held the public hearing on December 3, 2025, and now desires to conclude the capacity fee adoption process by approving wastewater capacity fee increases as set forth in the Report. BE IT ORDAINED BY THE COMMON COUNCIL OF THE TOWN OF QUEEN CREEK, ARIZONA, AS FOLLOWS: Section 1: The recitals above are hereby incorporated as if fully set forth herein. Section 2: The Report is hereby adopted in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. Section 3: The Wastewater Capacity Fees as set forth in Table 4 and Table 5 of the Report are hereby approved, and Section 16-9-2 of the Town Code is hereby amended to reflect such fees. Section 4: The Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take such steps and execute such documents as necessary to implement this Ordinance. Section 5: The Wastewater Capacity Fees adopted herein shall: (i) be placed in a separate fund designated for payment of project costs as set forth in the Report; and (ii) not be used for unrelated purposes. Section 6: If any section, subsection, clause, phrase or portion of this Ordinance or any part of these amendments to the Town Code 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 7: At least one paper copy and one electronic copy of this Ordinance and Exhibit(s) are to be filed with and will be located at the office of the Town Clerk. PASSED AND ADOPTED by the Common Council of the Town of Queen Creek, Arizona, this 3rd day of December, 2025. FOR THE TOWN OF QUEEN CREEK: Leah Martineau, Vice Mayor ATTESTED TO: Maria Gonzalez, Town Clerk REVIEWED BY: Bruce Gardner, Town Manager APPROVED AS TO FORM: Clifford Mattice, Town Attorney EXHIBITS ON FILE AND LOCATED AT THE TOWN CLERK'S OFFICE December 11, 18 2025 LAZS0419385