HomeMy WebLinkAbout02-02-1999 Council Agenda Packet ~
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~ TO~ OF M~?RANA
A, ARIZONA
TOWN COUNCI~. ~EETI~TG
F~bruarp 2, 1999
?:00 P.~.
Study Session
5:30 P.11~.
Mayor Ora M. Harn
Vice Mayor Bobby Sutton, Jr.
Council Member Ed Honea
Council Member Herb Kai
Council Member Sherry Millner
Council Member Roxanne Ziegler
Council Member Mike Reuwsaat
Town Manager Mike Hein
Welcome to this Mazana Council Meeting. Regular Council Meetings are usually held
the first and third 'hiesday of each month at ?:00 p.m, at the Marana Town Hall, although the
date or time may change, or Special Meetings may be called at other times and/or places.
• Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised
up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in
place of this agenda.
If you are interested in spealflng to the Council during Petitions and Comments, Public
Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council
Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is
up to the Mayor and Council whether individuals will be allowed to address the Council on
issues other than Announcements, Petitions 8s Comments, and Public Hearings. All persons
attending the Council Meeting, whether spealflng to the Council or not, are expected to observe
the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct.
Any person interfering with the meeting in any way, or acting rudely or loudly will be removed
from the meeting and will not be allowed to return.
To better serve the citizens of Marana and others attending our meetings, the Council
Chamber is wheelchair and handicapped accessible. Any person who, by reason of any
+iisability, is in need of special services as a result of their disability, such assistive listening
devices, agenda materials printed in Braille or large print, a signer for the hearing impaired,
etc., will be accommodated. Such special services are available upon prior request, at least ten
(10) worlflng days prior to the Council Meeting.
For a copy of this agenda or questions about the Council Meetings, special services, or
procedures may be addressed to Sandy Groseclose, Marana Town Clerk, at 682-3401, Monday
through F~iday from 8:00 to 5:00.
Posted by January 29, 1999 by 7:00 o'clock p.m., at the Marana Town Hall, Marana Police Department Town Hall
Anne~c, Continental Ranch Community Center.
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~ Study S~sion
~'~bru~ry 2, 1999
To~n I~~1
I. CALL TO ORd)ER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPYtOVAL OF AGENDA
V. GENERAL ORd2Ept OF BUSINESS
Discussion of Proposed Airport Lease and T~ansfer of Sponsorshap
~ VI. FUTUR~ AGENDA ITEMS
VII. ADJOtifitNMENT
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Mayo~
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AGENDA
• February 2, 1999
7:00 P.M.
I. CALL TO ORDER ~ ; ~ ~
II. PLEI)GE OF ALLEGIANCE
III. INVOCATION ak
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IV. ROLL CALL ~ ~
~ APPROVAL OF AGENDA
V~I. ACCEPTANCE OF MINUTES
~ Nlinutes of Regular Council Meeting - January 19, 1999
CALL TO THE PUBLIC/ANNOUNCE,NiENTS
- At this time, any member of the public is allowed to address the Town Council on any issue not
already on tonight's agenda. The speaker may have up to three (3) minutes to speak, Any persons
wishing to address the Council must complete a speaker card (located at the rear of the Council
Chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the
• Arizona Open Meeting Law, the speaker's comments may not be considered, discussed, or even
wered by the Council at this meeting, but may, at the discrerion of the Town, be placed on a future
agenda for discussion/action.
II. StBf~ RCPOTtS
VIII. G ORDEdt OF BUSINE,SS
. Consent Agenda
1. Besolution No. 99-16 - Approval of a T~avel and Training Policy for
Town employees, elected officials and appointerl members of boards,
commissions and committeQS (Roy Cuaron)
2. Resolution No. 99-15 - Appointment to the Town of Marana Business
~c~visoa~y Committee. (Roy Cuaron)
3. Itesolution ~ Q~j$ - Apprnving the settlement of two
condemnat~on lawsuits for right-of-way for the extension of gIorizon
~ills Road: Mamna v. Del Oro Center Company (Case No. 3(k~929)
\ and 1Kamna .v Executive TFtle Agency, Inc, (Case No. 304018)(1)an
~ ~ochuli)
County's f4L,. ~14]L ~ ~l~ AGCi. an~P
~ - ~O 11~arana Service Area• o r#unit fo~ u~lic ca~ment, i~e
~ ~ PP~ Y P (M
~Iein)
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Agenda
• February 21 1999
Greater ~cson Economic Council (GTEC) - presentation of award to the
Marana Town Council, update of Project Facilitation in Marana and
~ request for funding. (Mike Hein)
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D. ~esolution ~99_13; Avra y~gX,~~ - Apprnval of a lease between
o Pima County and Pima Aviation Inc, for leased prnperty on Avra Valley
~ Airport, which may ultimately be acquired by the Town of Marana (Dan
Hochuli)
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~E. Resolution ~ 99-14 - Pre-annexation and Development Agreemerat with
~ ~ Union Pacific Railrnad (Dan Hochuli)
Ordinance No. 99.03; I-10/Cortaro Revised Annexation - Consideration and
J~ approval of an annea~adon comprising the I-10 and Union Pacific rights-of-
~ way between the Town boundary near Ina Road and approJrimately 400 feet
south of the Cortaro Farms roadway underpass, This annexadon consists
of apprnximately 101 acres in a portion of section 26, 35 and 36, township
12 south, range 12 east, Gila and Salt River Meridian, Pima County, AZ.
(Dick Gear)
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`~G. ~tesolution ~99_12 - Request for a variance to 1~tle 21, Flood Plain and
Ea~osion Hazard Management Code, by Raymond E. Bomesberger &
Cynthia Bomesberger (prnperty owners) and Bob and Linda Darby
~ (applicants). Mayor and Council sitting as Floodplain Management Board.
l ~ (Dave Atler)
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n H. Authorization ~ Hire ~ Communitv p~~ Events ~g$gg~ (Jane
- Johnson)
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I. M~?a~aaa C~amber of Commerce U ate (Mike Hein)
3. ~tate I~egislative j~ - Discussion/Direcdon/Acdon regarding all pending
bills before the legislature. (Mike Hein)
K. M~yor and Council's Reoort
I.. l~ianager's Re~
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IX. FUTiJRE AG
~ X. ADJOURNMENT
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Mapor
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~ ~~IINL?TES OF REGtiLAR COUNCIL MEETIIvG
MAR~~T:~ TO~'N COUNCIL
JAN~;~AR~' 19, 1999
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PLACE AND DATE
Marana Town Hall, January 19,19°9
I. CALL TO ORDER
By Mayor Ora Harn at 7:08 P.M.
II. PLEDGE OF AL~EGIAN~E
Led by Mayor Ora Harn
III. INVOCATION
Led by Captain Paul Ruehl, Salvation Army Marana Outpost
I V. ROLL CALL
COUNCIL
Ora Harn Mayor Present
Bobby Sutton, Jr. Vice Mayor Present
Ed Honea Council Member Present
Herb Kai Councii Member Present
Sherry Millner Councii Member Present
Michael Reuwsaat Council Member Present
Roxanne Ziegler Council Member Present
STAFF
Michael Hein Town Manager
Dan Hochuli Town Attorney
Sandy Groseclose Town Clerk
Dan Groseclose CDBG Administrator
Dave Atler Public Works Director
Brad DeSpain Utilities Director
Jane Johnson Human Resources Director
Dick Gear Community & Economic Services
Administrator
V'. APPROVAL OF AGENDA
A motion was made by Bobby Sutton, seconded by Herb Kai, to move Items
IX. G and H to follow IX. A. Consent Agenda due to illness of topic speaker.
Tne motion carried 7/0.
UI. aCCErTANCE OF MINUTCS
A mction was made by Mike Reuwsaat, seconded by Ed Honea, to accept the
min~;tes of Regular Council Meeting, January 5, 1999. Motion carried 6/1. Herb
~a; abs±air~ec.
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~ l~1INUTES OF REGtiLAR COUNCIL NIEETING
MAR~N~ TO~~N COUNCIL
J,~NU:ARY 19, 1999
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~~II. CALL TO THE PUBLIC/ANNOtJNCEMENTS
At this time, any member of the pubfic is allowed to address ~he Towr~
Council on any issue not already on tonight's agencla. The speaker ~na~
have up to three (3) minutes to speak. Any persons wishing to address the
Council must complete a speaker card (located at the rear of the Councii
Chambers) and deliver it to the Town Clerk prior to this agenda item being
called. Pursuant to the Arizona Open Meeting Law, the speaker's
comments may not be considered, discussed, or even answered by the
Council at this meeting, but may, at the discretion of the Town, be placed
on a future agenda for discussion/action.
Russell Dillow, Magistrate Judge, announced completion of the Marana
CourYs move to 13555 N. Sanders Road. Judge Dillow stated that the Court
was still unpacking but fully operational. An invitation was extended to the
Council members to visit and to attend the Open House when held.
Roxanne Ziegler announced that Wednesday, January 20, 1999, is the Marana
Chamber of Commerce Luncheon at 12:00 p.m. at the Silverado Steak House
on Thornydale. Councilwoman Ziegler urged all to attend and participate in the
• third discussion concerning the possible merger with the Northern Pima County
Chamber of Commerce or staying as its own entity.
VIII. STAFF REPORTS
Mayor Harn inquired if there were any questions concerning the Staff Reports.
~ here were none.
[l. GENERAL ORDER OF BUSINESS
A. Consent Aqenda
1. Resolution No. 99-07 - Heritaqe Hiqhlands II at Dove Mountain:
Request for Approval of a 149-Lot Single Family Detached Home
Subdivision Final Plat on 39.48 Acres Located West of Dove
Mountain Boulevard Approximately 1.5 Miles North of Tangerine
Road in a portion of Sections 24 and 25, Township 11 South, Range
12 Easf. Property Owner/Developer is U.S. Home Corporation, 5151
E. Brcadway Blvd., #1100, Tucson, Arizona 8571'i
2. Ordinance No. 99.01. Amending Chapter 5[Municipal Cour~] of the
Marana Town Code to allow the Court to impose new Court fees, and
allocate charges to defendants who incur them, and Resolution No.
°9-10 which wiil make this a public record.
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n~1InUTES OF REGULAR COtiNCIL MEETING
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A'IARANA TO«~N COUNCIL
JANUARI' 19, 1999
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3. Resolution No. Q9-09: Amending the Intergover~mental Agreement
(IGA) Between the Town of Marana and Pima County Regardin~ ~he
Preparation of a 208 Areawide Water Quafity Plann~ing Study.
A motion was made by Mike Reuwsaat, seconded by Bobby Sutton, to
approve the Consent Agenda. Motion carried unanimously. 7/0.
G. Resolution No. 99-11: Request for further Discussion with the Arizona
Department of Transportation Regarding a More Equitable Distribution
of State and Federal Transportation Funding.
Mike Hein stated PAG's concerns with the method of distribution of fundina
through ADOT. Mr. Hein introduced Ms. Sheri Campbell, Transportation
Planning Director for PAG, who ga~re a brief synopsis of why the region feels
its funding has been shorted.
Ms. Campbell pointed the Council's attention to the PAG handout and
briefly discussed the topics contained within the handout. Ms. Campbell
urged the Council to take action on this important issue and solicit support
from any source.
• Roxanne Ziegler stated her support and asked Ms. Campbell for
suggestions of the best ways to help PAG in its pursuit of funding equity.
Ms. Campbell suggested that the solution would be to work toward changing
ADOT's entire funding system.
Vice Mayor Bobby Sutton directed staff to supply Council with concrete
suggestions regarding how to effect the funding process now and/or how to
effect the future revenue process through legislation or other means.
Mike Hein commended PAG for the worthy job done so far in raising this
issue to the state legislators as well as ADOT. Mr. Hein said that the next
step in supporting PAG would be to contact the State Director to request her
~resence at meetings as well as participation from elected officials to openly
discuss the funding issue. Mr. Hein stated that Resolution No. 99-11 was
the first step in a shon-term solution.
A motion to approve was made by Roxanne Ziegler, seconded by Bobby
Sutton. Motion carried. 7/0.
F. ~ublic Hearin4 on Annexation - Consideration of the Town of Marana's
~7esire to Annex a 40-Acre parce! in Section 19, township 12 South,
~an~e 1~ Eas~. The /~nnexation of this Parce~ will augment the Saguaro
Springs Development anci Assis~ in Squaring Off the Town's Boundary
• A~jac~nt Twin Peaks F.oad.
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. 11~I~1\U~'ES OF REGULAR COUNCIL IIIEETING
1_11ARANA 'I'OtiVN COUNC~,
J ~NU:~RY 19, 1999
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Mike Hein requested that Mayor Harn reconvene the Public Hearing. Herb
Kai made a motion to go to public hearing, seconded by Bobby Sutton.
Motion carried. 7/0
Mayor Harn declared public hearing open and called ror discussior:.
Richard Cruzen, with Urban Engineering stated that he was represeniing
the applicant, Bing Sherwood, and was ready to answer any ques"tions.
Mike Hein stated that the property owner wanted to have the entire
development within the Marana town limits and that he had received no
opposition or protest against this annexation.
Mayor Harn called for any discussion. No public comment.
Mike Reuwsaat made a motion to move out of public hearing, seconded by
I-iera Kai. n/fotion carried. 7/0.
Mayor Harn declared Council out of Public Hearing.
B. Academy without Walls: Review of Current Project and Request for
• Future Funding
Kim Holaway, Director of Student Services for MUSD, thanked the Council
for allowing Academy Without Walls to come back before the Council and
directed the Council's attention to the information pac4;et provided. Ms.
Holaway asked that the Council consider continued funding of ~9,189.76 for
this program and introduced tne Coordinator, Jo Lopez, who gave details of
some of the program accomplishments.
Ms. Lopez outlined the student and employer selection process and read
several letters from participating businesses praising the program and a
letter from a student, Jason Whittenbeck, who had been hired as a result of
the program guidance. Ms. Lopez introduced Misty Griffin, student at
Academy Without Walls, who had worked at Marana Insurance. Ms. Griffin
thanked the Council for the opportunity to participate in this program and
explained some of the valuabfe job skills she had learned.
C. Request to Commence the Annexation of Thre~ Parcels of
a~proximately 10 acres each which are adjacent to the Town of
~larana's border in Section 26, T11 S, R12E. The parcels are east of Wild
t~urro Road and no~h of the intersection of Dove Mountain Boulevard
anci Moore road. This property lies adjacent to the western boundary of
~he ~ove Mountain devefopment.
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. MINL?TES OF REGL?LAR COUNCIL MEETIlVG
MARa~ a TO~~'N COUNCIL
JA?~'U.ARY 19, 1999
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Mike Hein explained the desire of the property owners to be within the Town
limits and trat this was an oppoRUnity to straighten the ~ own's ~ound~rv ir
this area.
A motion was made to approve the reques± by ~iike Re~wsaa"t; saconde~
by Bobby Sutton. Motion carried. 7/0
D. COPS Universal Hiring Program
Mike Hein explained that this was an opportunity for the Town to apply for a
federal grant to supplement law enforcement agency funding for additional
police officer positions, focusing on community oriented policing services.
Mr. Hein explained some of the goals of Chief Smith and the Marana Police
Department.
Ed Honea made a motion to approve the program, seconded by Bobby
Sutton. Motion carried. 7/0
E. Pima Association of Governments Regional Council Meeting Agenda -
Review for Discussion and Direction
• Mike Hein directed the Council's attention to the informational packet and
briefly discussed the PAG Management Committee's agenda. Mr. Hein
stated tnat the Town would be applying for funding for elderly transportation
assistance in hopes of getting a van to assist with the Senior Center and
o±her programs. There was a short discussion among the Mayor and Council
concerning the items listed on the PAG.
F. EXECUTIVE SESSION - Pursuant to A.R.S. 38-431.01 (A) (4) For
Discu~sion and Consultation with Town Attorney in Order to Consider
its Position and Instruct its Attorneys Regarding the Town's Position in
Pending Litigation.
A motion was made by Bobby Sutton, seconded by Ed Nonea, for the
~,ouncil to go into Executive Session. Motion carried 7/0. Time: 8:15 P.M.
Mayor and Council returned from Executive Session. Time: 8:55 P.M.
i. Niavor and Council's Report - Councilperson Sherry Millner reported
ihat she nad attended a University of Arizona Leadership Conference in
T°mpe with Jerry Flannery, Development Services Administrator, Dave
.qt!er, Fublic Works Director, and Dave Smith, Marana Chief of Police.
Councitperson Millner also attended the Fire Department Commission
~ Meeting and Governor Hull's Inaugural Cele~ration at Old Tucson.
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• MLNUTES OF REGULAR COUNCIL 1VIEETING
M~Ral~TA TOWN COLINCIL
JANUARI' 19, 1999
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Councilperson Roxanne Ziegier commented on the Town's acquisition of a
4000 psi pressure washer that is used for graffiti abatement and now
efficient this machine makes the grafTiti removal process. Counciipersor~
Ziegler added that she had attended a BAC meeting and the IlAarana
Chamber of Commerce Breakfast where she received comments on now
civil the Marana Town Council conducts itseif.
Councilman Herb Kai stated that he had no repor.
Mayor Harn commented on how proud she was of the Council's responsible
and courteous behavior as well. Mayor Harn commended Councilman Herb
Kai for his donation of 500 Ibs. of pecans to the Marana Food Bank and
Dave Atler and the Town Staff who donated their time, vehicles and tools to
harvest these pecans. Mayor Harn commented that the architects are
completing the drawings for the Marana Health Center and donations are
already being received. The groundbreaking should be near the end of
February if all goes well. In conclusion, Mayor Harn reminded the Council to
submit their lists of invitees for the upcoming VIP Breakfast.
Councilman Mike Reuwsaat reported that he had attended the Cortaro
• Road Design Concept Committee Meeting and that much work was needed
on this project. He advised the Council to try to work with ADOT as their
support was greatly needed on other projects within Marana Town
boundaries.
Councilman Ed Honea reported that he had met with citizens from the
Berry Acres neighborhood who were concerned with the condition of the
river in their area. Councilman Honea recommended looking closely at this
potentially dangerous condition of the riverbed. Councilman Honea agreed
with Vice Mayor Sutton on the Cortaro Road project importance. Councilman
Honea suggested that there be a Study Session with the Council and Brad
DeSpain, Utifity Director, to discuss the water issue and possible future
allotment inequities. Councilman Honea suggested that Council members
attend the Marana Chamber of Commerce Luncheon at the Silverado Steak
House to participate in the decision to stay as their own entity or to join the
Northem Pima County Chamber of Commerce.
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. 1bIINUTES OF REGULAR COUNCII.. MEETLNG
NIARANA TO~'N COUNCII,
JANUARZ' 19, 1999
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J. Manaaer's Report - Mike Hein stated that Congressman Kolbe has
scheduled a Town Hall Open House for Saturday, March 6, at 9:30 a.m. in
Marana. Mr. Hein commended Town staff for their excellent work in all areas
and particularly the Public Works department staff for their excelleni
handling of the numerous moves within the Town. Mr. Hein advised the
Mayor and Council that he had be~n contacied by Ms. ~isa Konti, a Goue
Mountain resident who has an ongoing problem with lot drainage due ~o
improper engineering. Mr. Hein advised the Council that Ms. Konte pianned
to attend the next meeting to express her frustration with the builder and the
lack of a suitable resolution. Mr. Hein stated that the builder, KE&G
Construction, would be invited to the Council Meeting as well to provide
input relative to their improper certification of the lot and their
recommendation for resolution.
X. FUTURE AGENDA ITEMS
Counciiman Mike Reuwsaat recommended that an update on Sahuaro Springs
be discussed at the next Councii meeting. Councilman Ed Honea asked for the
Study Session on Water to be added to the agenda.
~ XI. ADJOURNMENT
A motion was made by Bobby Sutton, seconded by Mike Reuwsaat, to
adjourn. The motion passed 7/0. Time: 9:30 P.M.
CERTIFICATION
I hereby certify that the foregoing minutes are the true and correct minutes of
the Marana Town Council held on January 19, 1°99. I further certify that a
quorum was present.
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,S'ANDRA L. GR ECLOSE, TOWN CLERK
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• TOWN COUNCIL TOWN
NLEETING OF
I~i
1FORMATION MARANA
DATE: February 2, 1999
AGE~~IDA ITEM: IX Consent A. 1
TO: Mayor and Council
FROl~1: Roy Cuaron, Finance Director
SUBJECT: Adoption of Resolution 99-16, Approval of a Travel and Training Policy for
Town Employees, Elected Officials and Appointed Nlembers of Boards,
Commissions and Committees
DISCUSSION: To more effectively monitor, conCrol and account for Cravel and trainin;
expenditures, staff is recommendin~ adoption of Resolution 99-16. This
resolution more clearly defines the policy and procedures for the expenditure of
public funds in connection with official Town business.
The current policy ~overning-travel and traininQ is ambiauous and confusinQ and
• lacks adequate accounting controls for monitorinj expenditures. The proposed
resolution strenathens the accounting and control mechanisms and ensures
effective use of public funds for travel and training purposes.
The major differences between the proposed and current policy are as follows:
a) Receipts required for per diem;
b) Per diem pro-rated for same day and overni~ht travel;
c) Reimbursement rate reduced for use of personal vehicle when town-provided
vehicle available;
d) Reimbursement for lodgin~ more clearly defined.
RECOMNIEiVDATION: Staff recommends adoption of Resolution 99-16.
SUGGESTED MOTION: I move that the Council approve and adopt Resolution 99-16.
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Fiu ~~~~ceiaciuii~~i~~~~~~~::~~ .~~i
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NIARANA RESOLUTION NO. 99-16
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
MARANA, ARIZUNA, ESTABLISHIi~1G THE POLICIES A1~1D PROCEDURES FOR
THE EXENDITURE OF PUBLIC FUNDS FOR TRAVEL AND TRAINING
PURPOSES.
~VHEREAS, town employees, elected officials and appointed members of boards,
commissions and committees are encouraaed and required to attend conferences,
seminar-s, meetinas, and other training opportunities for Town pui-poses; and
WHEREAS, it is necessary to establish policies and procedures governing the
expenditure of public funds in connection with the aforementioned travel; and
WHEREAS, Exhibits A and B attached hereto set forth the polices and
• procedures governin~ the expenditure of public funds in connection aforementioned
travel;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, that Exhibits A and B are effective immediately and shall remain in
effect until such time as Nlayor and Council may deem changes or amendments
necessary.
PASSED A~1D ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 2nd day of February, 1999.
Mayor ORA MAE HARN
ATTEST:
Sandra L. Grosecl~se
Town Clerk
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EXHIBIT A
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11~1,~~AI~IA
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TOWN OF MARANA
TRAVEL AND TRAINING
GENERAL POLICY
AND
OPERATING PROCEDURES
The Town of Marana recoQnizes that kno~vled~eable, well-informed and ~vell-trained
employees are critical to the success of the To~vn's mission. To that end, the Town of
Marana encouraves employees to attend conferences, seminars and other traininQ
opportunities that benefit the employee and the Town of Msrana, provided such travel and
trainina is within approved budgetary constraints.
The Town of Marana also recognizes that elected officials and other appointed members of
• boards, commissions and committees are required to attend conferences, seminars, meetinQs
and other training opportunities. As such, elected officials and appointed members are
entitled to the same benefits herein accorded employees.
APPROVALS
All travel of more than one day's duration and all travel that involves cash advances or pre-
paid expenses far lod~inQ, transportation, reQistration, etc. must have the appi-oval of the •
department head, Finance Director and Town ManaQer. Subject to budget capacity, no
approvals are required for elected officials. V
SCHEDULE
All requests t~or travel advances and per diem shall be submitted to the Finance department at
least five business (5) days prior to the travel and shall be submitted on the Travel Advance ~
8c Authorization Form (TAAF). .
Within five business days of completion of the travel, employees must complete and
submit a Travel Expense Report (TER) to the Finance department along ~vith any monies due
the To~vn. No travel advances shall be made to employees ~vho have peimitted a travel claim
to remain "open" by failure to file the required TER and/or repay the unused portion of the
trave( advance ~vithin the desiQnated time period. Any unpaid balance will be deducted f'rom
the employee's next re,ularly scheduled payroll check. Any amounts due the employee vr~ll
be reimbursed ~vithin five business days of receipt of the TER.
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• PER DIENI
The maximum per diem rate shall be $40 per day. The per diem rate shall cover the costs of
meafs, ~ratuities, local telephone calls, bag~age, hand(inQ, parkin~ and other miscellaneous
items. Receipts are required fior all pei- diem expenditures.
MILEAGE ~
When travel is required, every effort s~hall be made to use Town-provided vehicles. In the
event Town vehicles are not available, or if the use of a pei-sonal vehicle proves to be more
beneficial to the Town, the reimbursement rate will be at the prevailinQ IRS milea~e
allowance rate upon submission of the Milea~e Reimbursement Loa (MRL).
Employees choosinQ to use their own vehicles in lieu of Town-provided vehicles will be
reimbursed at one-third of the prevailin~ IRS milea~e allo~vance rate.
Employees who receive a monthly stipend for milea~e reimbursement shall not be entitled to
receive additional mileage reimbursement for travel of one day's duration or less, unless such
travel exceeds twenty-five miles beyond the Town's boundaries.
SAiVIE DAY TRAVEL
For travel of one day's duration or less, the per diem shall be prorated as follows:
Maximum
• Leave Return Per Diem Amount
Before 7:00 a.m. Before 12:00 p.m. $ 7.00
Before 7:00 a.m. Before 6:00 p.m. $17.00
Before 7:00 a.m. After 6:00 p.m. ~~0.00
For travel occurrina within or lar~ely within the standard ~vorkday, employees ~vill be
reimbursed for actual expenditures, subject to the submittal of receipts and in accordance
with the following schedule. Reimbursement shall not exceed the per diem rate.
Breakfast $ 7.00
Lunch $10.00
Dinner $15.00
If the revistration, conference ot- seminar fee paid by the To~vn includes any ot the ~ibove
meals, the per diem rate will be reduced accordingly.
OVERNIGHT TRf1VEL
LODGING
The Town will pay the actual costs of overniaht lodginQ provided such costs ~~re reasonable
for the Qeographic area. LodQinQ will not be paid foi- those confei-ences, seminars, meetinas,
etc. takina place within the "areater Tucson metropolitan area." Every e(~fort shall be made to
• obtain reasonable accommodations at Qovei-nment rates.
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• PER DIEYI
For travel of more than one day's duiation, the per diem rate for the date of departure and
date of return will be pro-rated accordina to the followin~ schedule:
DEPARTURE DATE
Time of Departure Per Diem Amo~mt
Befoi-e 7:00 a.m. $~0.00
Between 7:01 a.m. - 2:00 p.m. $33.00
Between 2:01 p.m. - 6:00 p.m. $23.00
After 6:00 p.m. $ 8.00
RETURN llATE
Time of Return Per Diem Amount
Before noon $15.00
Between noon - 6:00 p.m. $25.00
After 6:00 p.m. $40.00
The Town will also pay for one lonQ distance personal call per day, not to exceed five
minutes in duration. y
• TRANSPORTATION
All interstate travel by air, rail or other modes of transportation shall be at ~overnment or
"coach" rates, whichever is less. The Town will not pay expenses resultina from circuitous
routes of travel and arrivina earlier and leavin~ later than necessary to conduct ofiicial
business. When interstate travel is by other than air, not more than one day's travel time will
be allowed in each direction, unless proven to be cost-beneficial to the Town.
•
~ EXHIBIT B
' TOWN OF MARANA
TRAVEL ADVANCE AND AUTHORIZATION FORM
• NAME:
DEPARTMENT:
DESTINATION/PURPOSE
OF TRAVEL:
DATES OF TRAVEL: FROM: TO:
TIME OF DEPARTURE:
TIME OF RETURN:
TRANSPORTATION MODE:
(Town Vehicle, Personal Vehicle, Air, Other)
ESTIMATED EXPENDITURES: ESTIMATED COSTS
Registration
Lodging
Transportation
• Per Diem
Other
TOTAL ESTIMATED COST
OF TRAVEL:
TOTAL ADVANCE RE(~UESTED:
(Complete Special Instruction Form)
Employee Signature Date
Department Head Signature Date
Budget Capacity: Yes No
Finance Director Signature Date
Approved Denied
• Town Manager Signature Date
Return to Finance Department after all signatures have been obtained
Page 1 of 2
. TOWN OF MARANA
TRAVEL ADVANCE AND AUTHORIZATION FORM
(Special Instructions)
• Use this form to indicate specific check and/or mailing requests.
Vendor Name & Address:
Pay Amount:
Mail to Vendor: ~ Return to Employee: ~
Vendor Name & Address:
• Pay Amount:
Mail to Vendor: ~ Return to Employee: ~
Vendor Name & Address:
Pay Amount:
Mail to Vendor: ~ Return to Employee: ~
Vendor Name & Address:
~
Pay Amount:
Mail to Vendor: Return to Employee: ~
Page 2 of 2
~ TOWN OF MARANA
TRAVEL EXPENSE REPORT
~ NAME:
DEPARTMENT:
DATES OF TRAVEL: FROM: TO:
List below all actual expenditures incurred on this travel and attach receipts.
Registration
Lodging
Transportation
Per Diem
Other
Mileage Allowance miles @ _
TOTAL TRAVEL EXPENSES
Less Travel Advance
Less Amount Paid by Credit Card
• Amount Due Employee
or
Amount Due Town
CERTIFICATION
1 certify that the costs indicated herein are a true and accurate accounting of all
expenditures incurred by me in connection with official Town of Marana business.
I also certify that any amounts due the Town of Marana will be reimbursed within
five business days.
Employee Signature & Date
Reviewed and approved by:
Department Head Signature & Date
Reviewed and audited by:
~ Finance Department Signature & Date
. , .
~ TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: Februa 2, 1999
AGENDA ITEM: I X. C o n s e n t A. 2
TO: Mayor and Council
FROM: Roy Cuaron, Finance Director
SUBJECT: Adoption of Resolution 99-15, A~pointment to the Town of Marana Business
Advisory Committee
DISCUSSION: The Mayor and Council established the Town of Marana Business Advisory
Committee (BAC) in February 1994. The committee is comprised of 15 members
of the business community appointed by Mayor and Council who own or operate
businesses within the Town boundaries. The BAC is a vehicle by which the
business community provides input to the Council on issues affecting the business
community.
• The BAC currently has two vacancies to fill. The Council recently appointed IVIs.
Sharon Bohmrich to the committee. However, Ms. Bohmrich's employment
status caused her to resign from the BAC. The committee is therefore
recommending that NIs. Melanie Larson be appointed to replace Ms. Bohmrich.
Ms. Larson is the publisher of the EXPLORER Newspaper and has been actively
involved in and supportive of community events over the past several years.
If appointed, Ms. Larson's term will eYpire in March of 2000. With the
appointment, the BAC will have one vacancy to fill.
RECOiV1IV1ENDATION:
Staff recommends adoption of Resolution 99-15, appointing Nlelanie Larson to
the Town of Nlarana Business Advisory Committee.
SUGGESTED MOTION:
I move that the ~Iayor and Council adopt Resolution 99-15. ,
i
~
~
M ~
FIN:li\~CF,/RC!0 U2~r99/8:52 :L~[
t ~
~
MARANA RESOLUTION NO. 99-15
A RESOLUTION OF THE NIAYOR AND TOWN COUNCIL OF THE TOWN OF
MARANA, ARIZONA, APPROVING THE APPOINTMENT OF MELANIE I.ARSON
TO THE MARANA BliSINESS ADVISORY COMNIITTEE.
WHEREAS, the Business Advisory Committee has been created by the Town
Council to meet and advise the Town Council on business concerns within the Town; and
W~~REAS, the Town Council desires to fill one (1) seat and appoint Melanie
Larson with a term that will expire in March of 2000.
NOW, TI~REFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, that Melanie Larson shall be appointed to the Business Advisory
Committee with a term of office to expire in March of 2000.
~ PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 2nd day of February, 1999.
Mayor ORA MAE HARN
ATTEST:
Sandra L. Groseclose
Town Clerk
APPROVED AS TO FORNI:
~aniel J. I~ochuli
• ~'own Attorney
r~ , . w
TOWN TOWN
• COUNCIL OF
MEETING MARANA
1NFORMATION
DATE: February 2, 1999
AGENDA [TEM: ZX. ~G~/SZ.~T 3
TO: Mavor and Council
FROM: Daniel J. Hochuli, To~vn Attorney
SUBJECT: Resolution No. 99-18 - Approving the settlement of two condemnation lawsuits for right-
of-way for the estension of Horizon Hills Road: Marana v. Del Oro Center Company (Case
No. 304929) and Marana v. E.recutive Title Agency, Inc. (Case No. 304018).
DISCUSSION:
This matter has been discussed previously in eYecutive session, and is being brougllt back for
final approval of the settlement a~reement, as directed by the Mayor and Council.
Following annexation of the Ina/Thornydale area, Marana undertook a public works project to
• extend Horizon Hills across the Carmac wash, to connect with Price Club Blvd. As part of this
improvement, the Town condemned land from the Northpoint Center and the vacant property to
the north. The litigation has been pendin~ for some time and is no~v scheduled for arbitration
in a few months. This settlement will conclude the matter, compensate the property owners,
dismiss the fawsuits, and remove the contingent liability from the Town's budget.
For the purposes of this communication I will combine the amounts from both suits. The
settlement provides that in return for the dismissal of the suit, the Town will pay the property
o~vners the sum of $41 ~,506.00. Arizona law requires the addition of inierest to this amount
(which would aiso be awarded if the case went to arbitration), and the total interest payment is
$163,440.38. At the time the litigation was filed and the Town obtained ownership of the
property, we paid a bond in the amount of $128,506.00, which is deposited with the court.
After adding the interest and deducting the amount of the bond aiready paid, the sum due at chis
time is $450,440.38. This sum is budQeted and available.
Althou~~h the sum may appear hiQh, after full discovery and preparation of this case, staff
believes this settlement is fair and in the best interests of the Town.
RECO~INIENDATIONS
I Staff recommends the settlement be accepted.
SUGGESTED MOTION:
I move to approve Resolution No. 99-18, settlin~ case number 304929 and case number I
304018. ~ I
~ ~ ~
I
~ . .
~
MARANA RESOLUTION NO. 99-18
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MAR.ANA, ARIZONA,
APPROVING THE SETTLEMENT OF TWO CONDEMNATION LAWSUITS FOR RIGHT-OF-
WAY FOR THE EXTENSION OF HORIZON HILLS ROAD: ~1~IARANA V. DEL ORO CENTER
CO~LIPANY (CASE NO. 304929) AND M~IRANA V. EXECUTIVE TITLE AGENCY, INC. (CASE
NO. 304018).
BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the
Mayor and Town Attorney's Office are directed to si~n any all documents necessary to effectuate
the full and final settlement of the following condemnation lawsuits:
~Llarana v. Del Oro Center Company, Pima County Cause No. 304929
1Llarana v. Executive Title Agency, Inc., Pima County Cause No. 304018
. BE IT FURTHER RESOLVED that the settlement of these cases shall not exceed the total
sum of $578,946.38, inclusive of interest, and shall include the amount already paid to the court in
the sum of $128,506.00.
PASSED AND ADOPTED by the Mayar and Council of the Town of Marana, Arizona, this
2"~ day of February, 1999.
Mayor ORA MAE HARN
ATTEST:
Sandra L. Groseclose
To~vn Clerk
APPROVED AS TO FORM:
Daniel 3. Hochuli
To~vn A~tornev
•
--PaQe 1 of 1--
~ TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: February 2; 1999
AGENDA ITEM: I X. B
T0: Mayor and Council
FROM: Michael C. Hein, To~~m Manager
SUBJECT: Pima County's Request for Federal Section 5311 Rural Public Assistance Funds -
Marana Service Area; Opportunity for Public Comment
DISCUSSION:
The Pima County Department of Transportation will present its proposal for the rural
transportation program serving the Town of Marana and surrounding areas for the year beginning
October 1, 1999 and ending September 30, 2000. The count_y is requesting a letter of suppore
from the Council for its Fiscal Year 1999-2000 application for Federal Section 5311 Rural Public
Transportation Assistance funds (attached).
• This public meeting will provide an opportunity for interested persons or agencies to present
verbal or written comments with respect to the rural public transit services currently being
provided under contract by American Pony Express. Pima County representatives will be
available to answer questions regarding the service proposal.
RECOMMENDATION:
Staff recommends that the Mayor and Council support Pima County's request for Federal Section
~311 Rural Public Transportation Assistance funds.
SUGGESTED NIOTION:
I move to support Pima County's request for Federal Section ~311 Rural Public "Transportation
Assistance funds.
~
:AD~IIN/~[CH/JCE/4:11 P~401/0>!99
PIMA COUNTY RURAL TRANSIT
~
PROJECT APPLICATION
FOR
SECTION 5311
RURAL PUBLIC TRANSPORTATION PROGRAM
ADMINISTRATION AND OPERATING ASSISTANCE
FY 1999-2000
• -e;~~
~;b~ / .
TzO ~ (4 ~
PIMA COUNTY DEPARTMENT OF TRANSPORTATION
TRANSPORTATION SYSTEMS DIVISiON
201 North Stone Avenue, Third Floor
Tucson, Arizona 85701
~
PROJECT INFORMATION
~ Provide a general descri tion of our or anization our existin service and
P Y 9 , Y 9 your
passengers. This information will be used to get a general idea of who you are and
what you do.
1. Transit Umbrella Agency Name (if any). (Please print full name)
Agency: Pima County Department of Transportation
Contact: Felipe C. Sanchez CCTM
Title: Public Transit Administrator
Address: 201 N. Stone Avenue, 3`d Floor
Tucson, Arizona 85701-1207
Phone: 520-740-6388 FAX: 520-620-1933
email: fsanchez@dot.co.pima.az.us
Web Page: http://www.dot.co.pima.az.us/transsys/bus/
1 a. Transit ProviderAgency Name (if different from above). (Enter the full name of
the agency that provides the actual transit service)
Provider: American Pony Express
• 1 b. Contact: Greg Girard
Title: President
Address: P.O. Box 78599
Tucson, Arizona 85703-8599
Phone: 520-888-2996 FAX:520-690-0464
2. Select choice of Sponsorship: County Government
3. Transit Schedule (typical days, hours of operation, current service area(s), days
and hours of operation, and describe type of routes).
Marana Service Area. Located approximately 20 miles northwest of Tucson, the
Marana Service Area is characterized by large areas of farmland or undeveloped
natural desert, with pockets of low-density residential development scattered
throughout the area. Exhibit 3 is a map of the route showing existing land uses
and areas of activity along the route. Pima County Rural Transit contracts with
American Pony Express to provide fixed-route, fixed schedule service to the
areas of Avra Valley and Marana. The route is designed to provide access to
shopping, medical, governmental and other activities within the town of Marana
and in FY 1998-99, to Northwest Hospital. One-way trip distance on the route is
~ about 43 miles and takes approximately 90 minutes. American Pony Express
1
.
uses a 21-passenger wheelchair accessible bus. Exhibit 4 is the rider's brochure
published by Pima County Rural Transit, and contains the Marana Service Area
route map, schedule, and fare information.
The Marana rural transit route provides four round trips per day on weekdays,
beginning at the intersection of Avra Valley Road and Anway Road, continuing
north to the residential area known as Green Acres, then east into the Town of
Marana. The route then continues south along the Interstate 10 frontage road
through the community of Rillito to Ina Road, then east to Thornydale Road and
south on Thornydale Road to Orange Grove Road. In FY 1998-99, the route will
be extended east on Orange Grove Road to La Cholla Boulevard, where it will
provide access to No~thwest Hospital and the surrounding medical facilities.
Exhibit 3 shows the proposed service extension. Additionally in FY 1999-2000,
Pima County plans to apply for Section 5311 capital assistance funds to
purchase a 25-passenger bus to replace the existing bus used by the contractor.
The arrival and departure times in the Ina/Thornydale area are designed to allow
easy connections to and from Sun Tran's express Routes 102 and 103 in the
morning and evening and Route 16 on all trips. Route 102 provides express
service from Ina Road to downtown Tucson, the University of Arizona and the
University Medical Center, via lnterstate 10. Route 103 provides limited-stop
express service from Ina Road to the University Medical Center, the University of
Arizona and downtown Tucson, using major streets such as Ina Road and Oracle
• Road. Route 16 provides local service along Ina Road and the Oracle Road-
Sixth Avenue corridor.
For FY 1999-2000, Pima County plans to assume administration of the Marana
Public Transit route currently operated by the Town of Marana. The Marana -
Continental Ranch route as it is designated in this application, provides
wheelchair accessible public transportation to the Continental Ranch area of the
town, and surrounding areas including Happy Acres, La Puerta Del Norte,
Foothills Mall, and Northwest Hospital. The route also provides acess to the
commercial and business centers along Ina Road east of Interstate 10.
One-way trip distance on the route is about 20 miles and takes approximately 60
minutes. The Town of Marana currently contracts with American Pony Express
to provide the service using a 17-passenger wheelchair accessible bus. Exhibit 5
is the rider's brochure published by the town, and contains the Marana-
Continental Ranch route map, schedule, and fare information.
4. Describe your transit system fare rates and structure.
Fare rates for Pima County Rural Transit's service are contained in the brochures
for each of the service area routes (Exhibits 4 and 5). The fare structure for Pima
County Rural Transit services is a flat fare structure, with distance-based
~
z
.
increases on the longer routes (Ajo to Tucson and Marana). The flat fare
~ structure is simple and easy to understand for both the riders and the bus drivers.
5. Transit ProviderAgency Information: (Brief description of your agency's primary
mission, number of years in service, statistics, transportation services, and
general service area boundaries)
Pima County Rural Transit's primary mission is to provide public transit service to
previously under served rural areas of unincorporated Pima County. In FY 1992-
93, Pima County Department of Transpo~tation became the recipient of the
federal rural transportation assistance funds and took over the public transit
services which, until then, had been provided by Project PPEP. That first year,
public transit services were provided in the Ajo and Marana service areas. The
San Xavier service area was added in FY 1993-94, and Tucson Estates service
area was added in FY 1995-96. In FY 1999-2000, Pima County plans to add the
Marana-Continental Ranch route.
6. Number of employees and job description: (e.g. drivers, mechanics,
administrative, etc.)
The Transportation Systems Division of the Pima County Department of
Transportation administers Pima County Rural Transit. Currently assigned to the
rural transit program are the public transit administrator, who spends
~ approximately 25% of his time on rural transit, and one administrative support
person who spends about 10% of her time on rural transit suppo~t functions.
Rural public transportation services are provided in each of the service areas
under contract with a private transportation company. Listed below are the
service areas, the contracting company, and the number and type of employees
working under contract to Pima County Rural Transit.
Marana Service Area: American Pony Express
Drivers 5
Mechanic 1
' Office Personnel 3
7. Structure of your organization (include organizational chart)
Pima County is the sixth-largest employer in Southern Arizona, with more than
6,000 full-time employees, an annual payroll of more than $160 million (1993),
and an annual operating budget of approximately $600 million. A five-member
Board of Supervisors, elected by district governs Pima County. The County
Administrator, as the county's chief executive officer, manages the resources and
operations of the county, at the direction of the Board of Supervisors. As a
political subdivision of the State of Arizona, Pima County provides a variety of
~ government public services, both mandated and discretionary. Pima County
~
Rural Transit services are administered by the Pima County Department of
• Transportation, through service contracts with private transportation companies.
The organizational structure of the Department of Transportation is shown in
Exhibit 9.
8. Describe your marketing program, promotion or outreach efforts, ways in which
the service is promoted.
Pima County Rural Transit publishes brochures for each of the service areas.
The brochures are made available to the public on the transit vehicles and at
locations along the routes, such as convenience stores, libraries, markets, and
the Laos Transit Center in Tucson. Pima County Rural Transit maintains a World
Wide Web site containing the rider brochures for each of the public transit routes.
The contractors for each of the service areas actively promote Pima County
Rural Transit services as part of their business activities.
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EXHIBIT 10
RURAL TRA S1~' SERVICES
Q~ Customer C mment Form
-
Today's Date Date of Occurrenc
Your Name Phon
Route Name
Address
City Stat Zip
Commerit or Complaint
~ ~
~ ~ ' ~ ' ~ For inte~rnal use ~nl ~ ~
r ~ Y
~ ~ ~ ~ n a .
~ TYPe , ~ ~ k ~ .
~ Date&Forwarded to Contrador < NContract r Deadline for Reply
Q Contractor Reply to County Date ` Contrado Reply`to Client Date '
Reso~lution ° ~ ~ ~ ~ ~ ~ ~ `Date Closed~~ ° ~ ~
Please return completed form to your driver, or mail to:
Pima County D.O.T.
Att: Public Transit
201 N. Stone Ave., 3rd Floor
Tucson, AZ 85701
R'ma County Illustronon Section, e.o. 1I/97
PART T1N0
~ EVALUATION CRITERIA IN ORMATI
ON ~
A. APPROPR/ATENESS OF SERVICE
Applicants should demonstrate that the proposed se ice is appropr~ate to the
transportation needs of the generai public.
1. Summarize how your project will meet the prio itized Public transportation needs,
as indicated in your three year plan.
Pima County Rural Transit provides service to rural areas of the county where
previously there were no public transportation ervices available. Pima County
based service delivery on perceived need and demand. All of the service areas
currently being served had been identified as eeding public transportation
services, due to the demographic makeup of t e residents in the areas and the
numerous requests for service received in ye rs prior to implementation of the
rural transpcrtation program by Pima County. Ridership data indicate good
usage of the rural transit services in each of t e service areas and continued
increase since inception of service.
r 2. Describe the number of transit dependent clie ts to be served in your proposed
service area, include trip origins and destinati ns.
Pima County Rural Transit provides general p+ublic transit services and
encourages all persons to make use of the s"rvices. As such, it is very difficult to
make an estimate of the actual number (undu licated) of persons served in each
of the service areas.
3. Indicate the type of service proposed:
a. Local route providing essential service
b. Local route providing non-essential servic
c. Regional circular providing essential servi e
d. Regional circular providing non-essential ervice
All Pima County Rural Transit routes are des gned to provide access to essential
services either within the service area or fro the service area to services in the
metropolitan Tucson area. The Marana, Sa Xavier, and Tucson Estates routes
are regional circulator routes while the Ajo di I-a-ride is a local route. The Ajo to
Tucson route is considered inter-city service.
~
~
4. Please attach a copy of your proposed schedules for the service to be provided
~ with funds requested in this application.
The route brochures published by Pima County Rural Transit contain the
schedules for each of the routes. The brochures are contained in Exhibits 4 and
5 of this draft application.
5. Are there any plans to significantly modify your service to accommodate DES
Welfare to Work recipients? If so, please provide a written statement outlining
those planned modifications.
Pima County Department of Transportation is represented on the local
consortium of social service and public agencies implementing welfare to work
reforms in the Tucson region. DES clients will be served by exiting rural transit
services. While minor route changes may be made to better serve DES clients,
there are no plans for significant modifications to any of Pima County Rural
Transit's routes.
B. UTILlZATION OF SERV/CE
Applicant should indicate how extensively the requested funds will be utilized in the
provisions of the transportation services described in this application. Response should
be supported by documentation of current ridership.
~ 1. Please indicate the average number of passenger trips:
Pima County Rural Transit Passenger Trips - FY 1997-98
Area Route Dail Monthl Annual
A'o to Tucson 25 327 3,924
A~o Dial-a-Ride 52 1,138 13,657
Marana-Pima Count 32 699 8,383
Marana-Continental 5 116 1,388
San Xavier 52 1,330 15,956
Tucson Estates 35 768 9,213
Totals 201 4,378 52,521
. Please indicate the average number of revenue miles:
Pima County Rural Transit Revenue Miles - FY 1997-98
Area Route Dail Monthl Annual
A'o to Tucson 288 3,749 44,984
A'o Dial-a-Ride 80 1,756 21,075
Marana-Pima Count 305 6,711 80,526
Marana-Continental 116 2,560 30,720
San Xavier 170 4,426 53,112
Tucson Estates 182 3,999 47,gg1
Totals 1,141 23,201 278,408
~
tu
~
Please indicate the type of local activity and employment locations in your route.
~ Marana:
Green Acres, Town of Marana including the senior nutrition program sponsored by
Catholic Community Services, Adonis mobile home subdivision, Rillito, Ina/Thornydale
commercial areas, and No~thwest Hospital. The Town of Marana Development Center
has relocated to the northeast corner of Orange Grove and Thornydale roads, which is
served by both the county and Marana-Continental routes.
2. Based on last six month statistics, estimate the proposed percentage of your
service in the following categories:
Pima County Rural Transit Statistics
Tri Pur ose Percent Passen er T e Percent
A. Medical 6 A. Adults 20-59 53.6
B. Sho in 18 B. Children 10-19 32.1
C. Work 33 C. Elderl 60+ 14.3
D. Education 19 D. Disabled 6.8
E. Other" 24
' Other includes recreation, visiting friends, etc.
3. Would you consider any part of your service "Intercity Service?" (Refer to guidelines
tor defnition). If yes describe area and indicate estimate cost in operating budget.
~ The Ajo to Tucson route is considered Intercity Service, as it provides service
between the community of Ajo and the City of Tucson, 130 miles apart. On a
revenue mile basis, this route constitutes 17% of the total annual revenue miles
of service provided by Pima County Rural Transit. On a cost basis, the Ajo to
Tucson route makes up about 12.6% of the operating budget.
•
li
.
4. Do you have sufficient backup vehicles available to maintain the levels of service
~ utilized in this application? If not explain.
Contracts with transportation companies require them to provide a backup
vehicle for each primary vehicle used to provide Pima County Rural Transit
service.
5. Are there any limitations on services? If yes, please explain:
All Pima County Rural Transit services are general public transportation. The
only limitation is that all passengers are required to pay the fare.
C. COORD/NATION OF SERVICE
Applicant should provide evidence of coordination or attempts to coordinate with other
agencies, e.g.: DES, DHS etc., or public transportation operators in the service area.
1. Discuss all steps taken to coordinate services with private non-profit recipients,
DES, Department of Human Services, or Senior Centers within your proposed
service area, including 5310 providers.
The United Way of Greater Tucson is the lead agency in the consortium of public
and private agencies in Pima County that developed the Job Express program
~ in response to the Welfare to Work request administered by DES. The Job
Express program was awarded a grant of approximately $368,000 to help meet
the transportation needs of TANF recipients in Pima County. Pima County Rural
Transit is a member of the consortium, which will routinely convene during the
year to guide and monitor the program. Pima County Rural Transit will not
receive any funding directly from the Job Express program, but will cooperate
and assist in providing public transit service to TANF recipients.
In both the Ajo and Marana service areas, Pima County Rural Transit has
coordinated service for elderly persons attending the senior nutrition program
sponsored by Pima Council on Aging (PCOA) in each of those communities.
Staff of PCOA is able to purchase monthly blocks of trip tickets from the rural
transit provider and distribute them to their clients. In the Marana service area,
the bus provides deviated fixed-route service so that the elderly clients can be
picked up at their homes and transported to the meal site, which is along the
route. Additionally, the route schedule is designed to coincide with the program
start and finish times. In Ajo, the community dial-a-ride service is door to door
and the seniors attending the nutrition program are provided with "standing" trip
reservations to negate the need for making daily trip requests.
~
t2
2. Descnbe the procedure(s) used by a client to access your service. ~
• All of Pima County Rural Transit's services are general public transpo~tation,
providing transportation to all fare-paying passengers on a space-available basis.
3. Is any part or parts of your service subcontracted to another agency? If Yes,
please explain.
All of Pima County Rural Transit's public transit services are provided under
contract with private transportation companies. The contractor for the Ajo
Service Area is located in Ajo, while the contractors for the other three service
areas are Tucson companies. The contractors are currently operating under a
two-year contract extension, which began in November 1997. Interested
companies are given an opportunity to bid on the Pima County Rural Transit
contracts through the County's procurement process
4. Identify specific agencies you coordinate service with, to what extent and how
coordination is accomplished and the level of coordination.
The San Xavier and Tucson Estates service areas require coordination with the
City of Tucson and Sun Tran to formulate a transfer and fare policy that will
ensure optimum interface with the urban system. Because of this, both the San
Xavier and Tucson Estates routes are very well used. Pima County is working
• with tribal officials of the San Xavier District in the planning and provision of
transportation services to residents of the District. For fiscal year 1998-99 Pima
County Rural Transit will be working with tribal officials to implement service
changes to provide trips to the health clinic located on the reservation.
In the Marana service area, Pima County has entered into a cost sharing
agreement with the town of Marana. The town now pays its share of the costs of
providing public transit services, which for FY 1998-99 is estimated at $20,060.
In January 1998, the Town of Marana implemented new public transit service in
the Continental Ranch development located in the southeastern area of the town.
The Town of Marana has requested that Pima County assume administration of
- this route, which is reflected in this application.
~
1~
.
I. ACCESS/s/L/TY, SAFETY b TRA/N/NG rROGRAMS
• Applicants should describe what policies, programs and other features of their
operation encourage and promote accessibility and safety training.
1. How does your service accommodate the needs for persons with
disabilities? If not, can the service be incorporated in your system?
All of Pima County Rural Transit's contract vehicles are wheelchair lift
equipped and are accessible to persons with disabilities.
2. Describe how accessibility programs and transportation services provided
by your agency maximize the ongoing availability of these services to
persons with disabilities.
Pima County Rural Transit services are in compliance with the Americans
with Disabilities Act regarding accessibility of service. With prior day
notice, fixed-route vehicles will deviate up to one mile from the route to
provide service to persons with disabilities and elderly persons who
cannot get to the nearest bus stop. For the San Xavier and Tucson
Estates routes, the county's special needs transportation provider
provides complementary paratransit service within the ADA mandated
corridors.
~ 3. Does your agency provide an opportunity for the public to comment on
your transit system? How and where do they submit comments? Explain:
Please attach sample of notice.
The Pima County Board of Supervisors has adopted a quality assurance
program and complaint monitoring and tracking procedure for all transit
services provided. All vehicles under Pima County Rural Transit's
contracts carry forms which passengers can use to provide comments or
complaints regarding the service. A copy of a customer comment form is
contained in Exhibit 10 of this application. In accordance with the
procedure, complaints are tracked and brought to resolution.
4. Are your vehicles and equipment capable of accommodating Elderly and
Disabled users for which the service is designed?
All of Pima County Rural Transit's contract vehicles are wheelchair lift
equipped and are accessible to persons with disabilities
5. Are training opportunities available for personnel who operate vehicles
and equipment? Where, What kind, Explain:
~
~
. ~
Minimum driver training requirements, which include passenger
• assistance and sensitivity training are specified in the contracts with the
providers. Contractors are required to maintain an on-going training
program for their employees. During the procurement process,
prospective contractors are required to submit their driver training program
as part of their proposal. The comprehensiveness of the driver training
program is one of the evaluation criteria used for scoring proposals. Pima
County Rural Transit takes every opportunity to send contractors' drivers
to training courses sponsored by ADOT. Pima County Rural Transit will
be coordinating passenger assistance training sessions for all drivers and
support personnel. The newly trained passenger assistance training
instructors will provide the training.
6. What means do you use to notify persons with disabilities (including visual
or hearing impaired) of your service?
The administrator for Pima County Rural Transit regularly attends
meetings with disability advocate groups. The transit administrator has
made presentations regarding Pima County Rural Transit services to the
Disability Resource Center of Tucson, Tucson Association for the Blind,
the Commission on Disability Issues, and the City of Tucson's Paratransit
Task Force. The regional ADA Eligibility Office, which processes
applications from persons with disabilities, regularly provides applicants
~ with information regarding Pima County Rural Transit services.
7. Describe what training programs are underway or have been offered to
assure that all safety sensitive, administrative and supervisory personnel
are adequately trained.
In accordance with the federal regulations, all Pima County Rural Transit
contractors have adopted a substance abuse policy which incorporates
the requirements of the Drug Free Workplace Act, and establishes a drug
and alcohol testing program for all safiety sensitive employees working
under the county contract. Pima County's substance abuse policy
covering the rural public transit contractors has been adopted by the Pima
County Board of Supervisors. Copies of the policies have been provided
to the 5311 Rural Public Transportation Program administrator at ADOT.
8 Explain how your agency considers risk management aspects in
developing its transportation program. Describe any safety violations filed
by your employees within the last year.
The Pima County Risk Manager reviews program requirements and
contract provisions regarding insurance and indemnification for adequacy
and sound preventative activities. The Department of Transportation
~ maintains a Safety Officer and a loss control committee to review and
correct existing deficiencies and to propose standards and procedures for
• avoiding future problems. Contracts with the operators in the rural service
areas require them to maintain traininglsafety programs for their
employees. There have been no safety violations filed by employees
within the past year.
9. List transit staff members their title and ADOT sponsored training
sessions/ workshops attended last year.
Felipe C. Sanchez, Public Transit Administrator
- Community Transportation Association of America annual conference
in Albuquerque
- Rural Transit Conference, Tucson.
Greg Girard, President, American Pony Express
- Rural Transit Conference, Tucson.
E. F/NANCIAL AND MANAGEMENT CAPAB/LITY
Applicants should demonstrate their financial ability to provide the match funds
requirements.
1. Describe your experience and qualifications in the rural transit p~ogram.
~ Pima County Department of Transportation currently administers a$2.7
million public transportation budget that includes: the urban fixed route
system (Sun Tran) which operates in unincorporated areas near Tucson;
the Pima County Special Needs Transportation program (Pima Transit),
which provides door-to-door transportation for persons with disabilities;
and the 5311 rural public transportation services in the Ajo, Marana, San
Xavier, and Tucson Estates service areas. The public transit administrator
has been working in this capacity since 1992, and is responsible for the
entire Pima County public transportation budget. In May 1997, the public
transit administrator was certified by the Community Transportation
Association of America as a Certified Community Transit Manager.
2. Describe your organization's goals and objectives, and the marketing
strategies you intend to utilize to implement them.
Pima County Rural Transit strives to provide affordable public transit
services in areas where these services were not available in the past. The
service areas are characterized as having a high need for these services
due to their rural nature and higher percentage of transit dependent
persons. Pima County intends to continue using private transportation
companies to operate the public transit services and will afford any
~ interested company the opportunity to bid on these services. Pima County
publishes rider brochures for each of the routes and makes them available
~
on the vehicles and along the routes, at places such as the Laos Transit
• Center in Tucson, markets, libraries, Chambers of Commerce, and other
locations. Bus stop signs have been placed along the Marana route and
the Tucson Estates route, and will be placed along the other routes as
well.
3 Describe your past performance of ADOT government contract activities.
Pima County Department of Transportation has been the local recipient of
Section 18 funds since FY 1992-93. Since that time, Pima County Rural
- Transit has grown from two to four service areas.
4. List the sources and amounts of revenue you expect during 1999.
As the local governmental entity, Pima County Department of
Transportation annually budgets for the total projected net operating cost
of providing rural public transpo~tation. Local funding for Pima County
Rural Transit services comes entirely from Department of Transportation
operating revenues. The 5311 Program dollars received under contract
with ADOT are used to offset the cost of providing the services.
Additionally, the cost sharing agreement with the Town of Marana will
provide Pima County with approximately $20,060 in FY 1998-99.
~ The State Legislature in May 1998 passed HB 2565, which provides
transit funding for cities, towns, and counties in Arizona. The Pima County
Department of Transportation expects to receive $432,311 in FY 1998-99,
of which $104,895 will be applied the rural public transit program.
F. LOCAL COMMITMENT TD TRANS/T
1. Provide a general description of your involvement with community and
civic groups and steps you have taken to involve the community in your
activities.
Pima County Rural Transit route brochures have been provided to the
Chambers of Commerce in the Ajo and Marana service areas. Pima
County seeks the input of the communities by making presentations to the
governing bodies, such as the Marana Town Council, the San Xavier
District Tribal Council, the Western Pima County Community Council, and
the Pima County Board of Supervisors.
2. Describe your participation in local transportation planning and policy
decisions in your community.
As recipient of 5311 Program funds, Pima County is responsible for
~ planning and delivery of public transit services in rural areas of the county.
Pima County participates in all local regional transportation planning and
policy decisions and is one of the local jurisdictions represented on the
• regional metropolitan planning organization, Pima Association of
Governments (PAG).
3. Describe the commitment of your Transportation Advisory Committee or
local government entity with regards to marketing, promotion or outreach
efforts.
Pima County has not appointed a transit advisory committee, but relies on
the local governmental organizations in each of the service areas to
function in that capacity. The Pima County Board of Supervisors serves
that function for all service areas of the County by reviewing and
approving the annual budget and contracts for the program. In the Ajo
service area, the Western Pima County Community Council provides a
forum for local participation. In the San Xavier Service Area, the San
Xavier District Tribal Council serves that purpose, while in the Marana
service area, the Marana Town Council allows for local input.
4. What is the make-up of your Transit Advisory Committee and their position
in the community?
As was stated in question 3, Pima County has not appointed a transit
advisory committee, but relies on the local governmental organizations in
~ each of the service areas to function in that capacity.
~
G. ECON MI D VEL PMENT IMPACT :
O C E O S ~
• Describe the impact your service has on local economic development. It
is necessary that your response inciude reference to such points as:
1. Name of local employment and commercial centers that are served
by your routes.
Exhibit 3, in Part One of this draft application shows the existing
land uses and major activity centers along the Marana route.
2. Any plans on extending services to other existing or planned
activity centers in the service area?
During FY 1999-2000, Pima County Rural Transit will initiate
planning efforts between the Town of Marana and the county to
coordinate the two Marana routes. The goal of the planning effort
will be to ensure that the public transit service provided by the two
routes is effective and convenient for users of the service. Route
and/or schedule changes may be implemented to serve new
activity centers, however none have been identified at this time.
3. Discuss promotion of transit service as an aid to development. Cite
• any integration activities with local economic development groups,
such as Chambers of Commerce.
Major employers required to meet alternate modes goals in
accordance with the county Travel Reduction Ordinance are
supplied information regarding Pima County Rural Transit services
by the Pima Association of Governments Ride Share Office. By
making employees aware of the public transit services available
from Pima County Rural Transit, commuter travel on the rural
routes could increase, and the employers receive credit for
compliance with the Travel Reduction Ordinance. In the rural
areas, small businesses consider the availability of public transit for
employees and potential customers, as a positive factor for doing
business in those areas. Pima County Rural Transit brochures are
provided to the Chambers of Commerce in both Ajo and Marana.
4. How are minority individuals informed about the intended grant
application for Section 5311 ?
The public meetings held as part of the application process are
publicly noticed. All interested individuals are encouraged to attend
and provide their comments regarding the grant application.
A
' ~
5. What means are used to communicate job openings, relative to
• minority individuals?
Pima County maintains a recruitment and selection process open to
all interested persons. Job openings are posted in the Service
Center of the County Administration building at 130 W. Congress.
New openings are also posted each week in the Arizor~a Daily Star.
Contracts with transportation providers contain non-discrimination
clauses.
H. C/V/L R/GHTS T/TLE Vl
1. How are minority individuals informed about the service your
agency offers?
The Pima County Rural Transit administrator and office support
person speak fluent Spanish and are available to answer questions
regarding the service from Spanish-speaking persons. All
contractors have Spanish-speaking staff available to assist the
public.
2. What complaints, lawsuits, allegations or legal actions have been
filed against your agency in last two years? Explain the nature of
~ the complaint(s):
None of the above actions have been filed against Pima County
Rural Transit in the past two years.
3. Does your agency have an Equal Employment Opportunity Policy?
Yes. Pima County Board of Supenrisors' Policy No. D21.1.
4. What means are used by your agency to ensure that hiring,
terminating, promoting, demoting and other employee actions are
accomplished within Civil Rights Title VI requirements?
Pima County's office of Civil and Employment Rights ensures
compliance with Title VI of the Civil Rights Act of 1964. Contracts
with transportation companies require them to comply with Title VI
in their employment practices.
5. What means are used to communicate job openings and other
Information pertinent to minorities seeking employment?
Pima County maintains a recruitment and selection process open to
~ all interested persons. Job openings are posted in the Service
. ~
Center of the County Administration building at 130 W. Congress.
• New openings are also posted each week in the Arizona Daily Star.
6. What attempts are made to utilize Disadvantage Business
Enterprise (DBE) contractors?
The Pima County Board of Supervisors has adopted the County
Minority and Women Business Enterprise Ordinance that will affect
the procurement process. According to the Pima County
Procurement Code:
In accordance with the County MWBE Ordinance, [the
Procurement Director shall] develop and administer a
program which encourages participation of small,
minority, and woman-owned businesses and requires
the certification of such businesses and the
publication of annual reports reflecting the dollar
participation of such businesses in the procurement of
goods, services, and construction.
When Pima County Rural Transit seeks to renew its contracts for
transit services, adherence to MWBE will be required.
~
~
BUDGET SUMMARY
• MARANA - CONTINENTAL RANCH
FIXED ROUTE SERVICE
Operating Administration Anti-drug Total
Fare Revenue $1,656 $1,656
Fare Differential $12,177 $~2,~77
Local Share $23,262 $504 $25 $23,791
Federal Share $23,262 $2,018 $100 $25,380
Total $60,357 $2,522 $125 $63,004
PROJECT SUMMARY STATISTICS
Increase
Current + Expected in = Total Expected
FY 1998-99 FY 1999-00 in FY 1999-00
Annual ridership 1,388 268 1,656
Annual mileage 30,720 -0- 30,720
~ Annual vehicle 2,046 -0- 2,046
service hours
Annual fare receipts $1,388 $268 $1,656
Total non-capital costs $62,879
Administration as a percentage of non-capital costs 1.5%
Farebox recovery ratio 2.7°/a
Cost per passenger trip $37.97
Cost per mile $2.05
Cost per vehicle service hour $30.73
Federal share of non-capital costs $25,280
Federal cost per passenger trip $15.27
Federaf cost per mile $0.82
Federal cost per vehicle service hour $12.36
~
BUDGET SUMMARY ~
• MARANA SERVICE AREA
FIXED.ROUTE SERVICE
Operating Administration Anti-drug Total
Fare Revenue $8,000 $8,000
Fare Differential $14,340 $14,340
Local Share $37,081 $1,009 $50 $38,140
Federal Share $37,081 $4,036 $200 $41,317
Total $96,502 $5,045 $250 $101,797
PROJECT SUMMARY STATISTICS
Increase
Current + Expected in = Total Expected
FY 1997-98 FY 1998-99 in FY 1998-99
Annual ridershi 8,500 300 8,800
Annual mileage 94,300 2,048 96,348
Annual vehicle 3,072 92 3,164
~ service hours
Annual fare recei ts $7,500 $500 $8,000
Total non-ca ital costs $101,547
Administration as a percentage of non-ca ital costs 5.0%
Farebox recove ratio 22,p%
Cost er assenger tri $11.54
Cost per mile $1.05
Cost per vehicle service hour $32.09
Federal share of non-capital costs $41,117
Federal cost per passenger trip $4.67
Federal cost per mile $0.43
Federal cost per vehicle service hour $13.00
~
~ TOWN COUNCIL TOWN
NIEETING OF
INFORMATION MARANA
DATE: February 2, 1999
AGENDA ITEM: I X. C
T0: Nlayor and Council
FROM: Michael C. Hein, Town Manager
SUBJECT: Greater Tucson Economic Council - Presentation of Award to Council, Update of
Project Facilitation in Marana and Reyuest for Funding
DISCUSSION:
Robert Gonzales, Executive Director of the Greater Tucson Economic Council (GTEC) will be at
tonight's meeting to present GTEC's Gold Key Nlember award to the Mayor and Council. Mr.
Gonzales ~vill also address the Council regarding projects that GTEC has helped to facilitate in
Marana during the past year and outline GTEC's request for Fiscal Year 99-2000 funding from
the To~m.
• RECOMMENDATION:
Upon direction of Council, staff will be pleased to provide recommendations regarding GTEC's
request for future funding.
SUGGESTED MOTION:
Mayor and Council's pleasure .
~
:ll~~(Iti/AfCH/JCE/2:07 P1-IOI/25i99
,Ix
~
TOWN TOWN
~ COUNCIL OF
MEETING MARANA
INFORMATION
DATE: February, 2, 1999
AGENDA ITEM: IX . D
TO: iVlayor and Council
FROM: Daniel J. Hochuli, Town Attorney
SUBJECT: Resolution No. 99-13 - Approval of a Lease between Pima County and Pima Aviation,
Inc. for leased property on Avra Valley Airport, which may ultimately be acquired by the
Town of Marana.
DISCUSSION:
This action is the first step of the possible acquisition of the Avra Valley Airport by the To~vn
of Marana. The current status of the Avra Valley Airport is this:
• The airport land (inside the fence, if you will) is owned by Pima County.
~ • The airport land is in unincorporated Pima County (county island within Marana). The
airport land and other land (mainly owned by BKW Farms and the Arizona State Land
Trust) are contained in the County island.
• Tlle FAA recognizes Pima County as the "Sponsor" of the airport, meaning that from the
FAA standpoint, it is under Pima County control.
• As the Sponsor, Pima County is responsible for the maintenance and improvements on the
public portions of the airport, such as the runways and taxiways, tie-down areas, and ramps.
• Pima County leases various parcels within the Airport Property to different tenants, with
Pima Aviation, Inc. (PAI) being the primary lessee. These lessees operate their own
businesses on the leased property, adjacent to the Sponsor's public portions of the airport.
• Under one of it's leases, PAI currently operates as a Fi~ced Base Operator (FBO), ~vhich is
the name for a business which provides services to ~eneral aviation, such as fuel, pilot
lessons, repairs, hangar and tie-down rental, etc. One or more FBO are essential to the
success of a general aviation airport.
• Pima County and PAI were to enter into a lease for approximately 73 acres, but years ago
the negotiations broke down, and they are currently in protracted litigation over that and
other issues.
• Due to a lack of infrastructure at or near the airport, there have historically been limitations
to the development that could occur.
O
!M
Following our discussions with Pima County, PAI and others, we have decided on the
~ following plan for the potential acquisition of the Avra Valley Airport.
• Marana and PAI formu(ate a lease for the 73-acre parcef that Pima County was to lease to
PAI. Even though this lease will be between PAI and Pima County (because the airport is
currently in Pima County and they did the RFP for the lease), Marana will decide the terms
because the lease will be assigned from Pima County to Marana upon transfer of the
airport. (This is the step we are now on.)
• When the lease for the 73 acres is done and approved by the Mayor and Council, Pima
County agrees to enter into that lease upon transfer of the airport to Marana.
~ The FAA consents of a transfer of Sponsorship from Pima County to the Town of Marana.
• The PAI lease and other leases are transferred from Pima County to Marana.
• The airport land is transferred by deed and bill of sale from Pima County to Marana.
• Tlle lawsuit between Pima County and PAI is dismissed.
• The airport (and and surroundin~ land is annexed into the Marana Town Limits.
• Marana will issue an RFP for the lease of additional vacant land on the airport.
As you can see, the acquisition of the Avra Valley Airport is a complicated matter. The
approval of this lease is the first (and likely most difficult) step in the process. The lease is
very compleY and contains many terms and conditions. Attached is a summary of the lease
provisions, and your staff will be present at the Study Session to provide a more detailed
analysis and discussion,, and to answer any questions you may have.
~ RECOMMENDATIONS
Staff recommends the proposed resolution as the first step toward acquisition of the Avra
Valley Airport.
SUGGESTED MOTION: ~
I move to approve Resolution No. 99-13, approving the lease between Pima County and Pima
Aviation, Inc. indicating the Town's willingness to accept assignment of the lease, with
conditions.
~
r
r'
•
MARANA RESOLUTION NO. 99-13
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF NIARANA, ARIZONA
APPROVING THAT CERTAIN LEASE AGREEMENT BETWEEN PIMA COUNTY AND PIMA
AVIATION, INC., AND AGREEING TO THE FUTURE, ASSUMPTION OF SUCH LEASE
UPON TRANSFER OF JURISDICTION, FULL OWNERSHIP, AND SPONSORSHIP O~' THE
AVRA VALLEY AIRPORT.
WHEREAS, Pima County is the owner of certain real and personal property known as the
Avra Valley Airport (Airport), which in unincorporated Pima County although it is completely
surrounded by the Town of Marana; and
WHEREAS, Pima County is recognized by the Federal Aviation Administration (FAA) as
the Airport Sponsor of the Airport; and
• WHEREAS, Pima County has indicated its desire to transfer o~vnership and Sponsorship of
the Airport to the Town of Marana under certain circumstances; and
WHEREAS, Pima County and Pima Aviation, Inc. (PAI) have been negotiating the terms of
a lease agreement for certain lands located upon the Airport, and Pima County has indicated its
willingness to enter into such a lease only if and when the Airport is transferred to the Town of
Ylarana; and
WHEREAS, the Town of Marana has indicated its willingness to accept assianment of such
lease only if and when the Airport is located within the boundaries of the Town of Marana, and if
and ~vhen full ownership and Sponsorship of the Airport is transferred to the Town; and
NOW, THEREFORE, BE IT RESOLVED by the l~layor and Council of the Town o;f Nlarana,
Arizona, that the Lease Agreement attached hereto as EYhibit P~ (and incorpora-ted herein by xhis
reference) is acceptable to the Town of Marana, and if the Lease is executed by Pima County and
PAI, the Town will accept assianment of the lease only upon the followin~ conditions:
l. Ownership of all real and personal property located at the Airport which is ovvned and/or
controlled by Pima C.ounty shall be trans~erred by warranty deed and/or bill of sale to the
`~'own of Nlarana.
2. FAA .~irport Sponsorship has i~een completely transferred from Pima ~oiinx~ to the Town
~ ~f iVfarana. Ana the sponsor`'s ~articipation in ongoing planning process.
a, <~11 ri~hts anci obli~ations under all eYisting and pending federal, state, and fl~the: ~rants and
projects have be°n transferred to the Town of Marana.
Marana, Arizona Resolu[ion No. 9)-13 PaQe 1 of 2
e
~
• 4. Marana is substituted for Pima County in all ongoina planning processes far the Airport,
including the pending Airport Master Plan Revision. y
5. The land upon which the Airport is situated is completely annexed into the botmdaries of the
Town of Nlarana, said annexation being complete and final.
6. All other activities which will effectuate the full and complete transfer of the airport from
Pima County to Marana have been completed.
PASSED AND ADOPTED by the Mayor and Council of the To~vn of Marana, Arizona, this
2"`' day of February, 1999.
Mayor ORA MAE HARN
ATTEST:
Sandra L. Groseclose
Town Clerk
APPROVED AS TO FORM:
•
Daniel J. Hochuli
Town Attorney
~
Marana, Arizona Resolution No. 99-13 p~°e Ot ~
<
.
• NIEIVIORANDUM
TO: Mayor and Council
RE: Avra Valley_Airport Pro-Forma Budget
- , ~
FROM: Dick Gear ~
DATE: January 24, 1999
The budget presented contains revenue and expense data gathered from the FBJ, ~'ima
County and from discussions with the former Avra Valley Airport 1VIanager.
Staff realizes that there are many unanswered questions as to the potential benefits of
acquiring this approximately $8 million asset, especially in light of the financial subsidy
which would be required during the initial years of ownership. The underlying basis for
staff's support of tris acquisition is the catalytic effect the airport will have on industrial
and commercial development along the Avra Valley Road Comdor. Eventually, the
increased airport development would obviate the need for continuing the subsidy within a
~ few years, leading to a self-sustaining facility within a five-year horizon.
Combined with the direct economic impact to the Town of acquiring the airport is the
issue of the Town having control of its own destiny. The Avra Valley Airport is a
county-owned facility wholly within the Town's boundaries and should it remain with the
county there will continuing opportunity costs to the Town. These are in the form of lost
direct revenues generated by a growing, fully-functioning airport, as well as the indirect
revenues the Town would realize from the development of commercial businesses that
would look seriously at locating near such a facility. Without Town control of this asset
these lost opportunities will continue to accrue.
Development on, or adjacent to, the Avra Valley Airport, has heretofore been stagnant
because the airport has languished through lack of attention by all parties involved. But
this doesn't have to persist. One needs only to look at the airports in Mesa anci
Scottsdale, among others in the state, to understand how conducive they have been to all
forms of high-quality development. These conditions can occur in Marana as well, but
what would be required is a strong commitment by the sponsor and the FBO to build a
first class facility. Such an airport would attract businesses that are aeronautically
related, followed by commercial entities located peripherally to the airport, offering a
variety of services to the workers employed on the airport as well as to the flying public
using the facilities. Rental car agencies, hotels and restaurants would all be logical
• components of development once the airpor[ eYpands its on-site operations.
This airport has one very stron~ indicator for future development, and that is the ability to
,
• grow. This is not the case with other, small airports in the state. Residential development
has restricted each airport to their present dimensions, and as the staie continues to
expand its population base, airfield facilities will be at a premium. Avra Valley Airport is
in the heart of the southern Arizona growth sector, and its eventual boundaries can be
protected through zoning changes which will preclude any residential development
anywhere near the flight paths.
From a future economic viewpoint, the Town would be acquiring an asset worth
approximately $8 million today, with all future development reverting to the Town within
25 years. The initial cost to the Town for this acquisition is negligible, with the front-end
requirements being a check from the Town to Pima County for approximately $206,000
which would cover the cost of acquiring an additional 37 acres. This eYpense will
eventually be reduced as ADOT has indicated a willingness to pay 90% or $185,400 of
the cost.
The General and Administrative expense data presented are from PAI (Pima Aviation,
Inc.) records from July 1997, through June 1998. Repair and maintenance expenditures
for equipment and facilities for the past five fiscal years were evaluated. Wide variances
in some expenses have been rationalized to provide a"best guess" as to what can be
expected from a static operation with no additional growth in airport operations. Revenue
estimates are taken from PAI records of November 1997, through October 1998. The
components evaluated were aircraft sales and rentals, fuel flowage fees, and property
• leases.
In addition to the four-year bud~et assuming static operations, a pro-forma four-year
budget was generated that factors in the new businesses expected to be brought on board.
Revenue projections for each business were made consistent with the Town's proposed
agreement with the FBO.
•
.
,
AVR~i VALLEY AIRPORT
STATIC SUMMARY OF OPERATIONS
FY 99-00 FY 00-01 ~'Y O1-02 F~ 02-03
INCOME
PC Lease $45,000 $45,000 $45,000 $45,000
TOM Lease $18,250 $18,250 $36,500 $36,500
Sales Tax Revenue $35,000 $36,750 $39,500 $43,450
Fuel Flowage Fee $9,000 $9,900 $11,880 $15,450
Total Recurring Income $107,250 $109,900 $132,880 $140,400
ADOT Grant (37 Acres) $185,400
TOTAL INCOME: $292,650 $109,900 $132,880 $140,400
EXPENSES
Admin. (Airport Mgr.) 60,000 61,500 63,000 64,575
Electricity 25,000 22,000 20,000 20,000
• Consultant Services 30,000 30,000 30,000 30,000
R&M - Equipment 25,000 25,625 26,265 26,920
R&NI - Facilities 50,000 51,250 52,530 53,845
Miscellaneous 10,000 10,000 10,000 10,000
Insurance 5,000 5,000 5,000 5,000
Total Recurring Costs 205,000 205,375 206,795 210,340
Initial Payment for 37 acres 206,000
TOTAL EYPENSE 411,000 205,375 206,795 210,340
IZecurring Surpius(Subsidy) ($118,350) (~95,475) ($73,915) ($69,940)
•
~ DANIEL .T. HOCHULI
• 8C A S.S O~ 1/~ ~~.S 9 Y n`+ ,
D A N i E L J. H O C H U L I
x e L L v v. s c H w n e A T T O R N E Y 5 A T L A W ~ a c ~ t s e c a e s?
H O M A S A, B E N A V I D E Z 5 U 5 A N i. 9 A C Z K I E W 1 C Z
A V i D P. B R A U N S H A R O N E. 9 d T 5 q K I 5
S T E P H A N I E K. B O N D PARALEG4L5
~ ~ o ~
~ ~ ~ ~
To: Mayor & Council
From: Daniel J. Hochuli
Re: Avra Valley Airport Lease
Date: January 26, 1999
This memo is to discuss the details of the Avra Valley Airport lease approval that is before
you for consideration.
A number of years a~o Pima County advertised an RFP for the lease of the 73 acre parcel at
the Avra Valley Airport. There were only two bidders, and PAI was selected as the most responsive
bidder. The Board of Supervisors voted to accept their bid and direct staff to negotiate a lease with
PAI. In the ensuin~ years Pima County Staff and PAI negotiated the terms of the lease, but were
unable to come to agreement on final terms. As a result, PAI filed suit against Pima Cotmty, and that
suit is currently pending.
• Last year discussions where held between all the parties and it was a~reed that the suit would
be put on hold while we investigate the possibility of transferring the airport to IVlarana (and
dismissal of the pending lawsuit). We are getting very close to effectuating the transfer, but before
the transfer can occur, PAI must be granted a lease to the 73 acre parcel. It was decided that even
though Pima County would be the entity signin~ the lease with PAI, Nlarana ~vould take the lead in
negotiation and preparation of the lease. This decision was made because it was understood that
after transfer of the airport to Nlarana, it would Marana who ~vould be dealing with the provisions
of the lease rather than Pima County.
For the past eight months your staff has been actively negotiating the terms of the lease for
the73 acre parcel, and we are pleased to report that we have concluded that task. Because Pima
County had advertised the RFP, and PAI had submitted a written proposal, many of the terms yvere
already decided and could not be chan~ed. Notwithstanding that faci, we believe thaz ~ve ha~e been
able to negotiate very favorable lease terms for the Town. Most notable is the fact tha~t xhe rent
schedule set forth in the lease is more than double tha~t ivhich Pima County ivould have obtained.
We have provided for the Town to have a say in many of the issues at the airport, includinQ the
approval of subtenants, the type of construction to occur, and the types of activities ~vhich may occur
on the airport.
~'he issue before you is whether to send this lease on to Pima County. If vou decide to do
this, it will be the firsz step in the ultimate transfer of the airpor~. After we approve and send Pima
~'ounty the lease, if they ~oprove it we will move forward ~vith all the other steps necessary in
• transferrin~ the ownership and sponsorship or the airport to the Town of iVfarana.
2 2 O E A S T W c T M O R E R D., ~ U i T E i 7 O
T U C 5 O iV , A R i Z O N A 8 5 7 O 5 - I 7~ 9
PHONE (520) 623-1461 FAX 1520) 293-2793
E M A I L L A `N F I R M@ H O C H U L I. C O M
S Summary of Airport PropeYty
• Airport Premises. The entire airport property is the area within the fenced area of the airport,
and is approximately 630 acres in size. The land is currently owned by Pima County,
although if we complete the planned transactions, it will be owned by the Town.
o Public Air~ort Facilities. Some portions of the airport are known as Public Air~ort
Facilities. These include runways, taxiways, ramps, tie-down areas, etc. These areas
may not be leased, and must be open to public aviation users. It is these areas that
state and federal funding are available for maintenance and improvemenY. The
airport Sponsar (currently Pima County) is responsible far the maintenance of these
areas.
o Private Areas. There are various areas within the airport property that are not Public
Airport Facilities. These areas are available for development by the Sponsor, or can
be leased to others for development. Many of the private parcels on the airport are
already leased, and some remain available for future lease or development.
- 73 Acre Site. This is the site of the lease being discussed at this time.
- 26.4 Acre FBO Site. This 26.4 acre site is leased to Pima Aviation, Inc.
(PAI) for use as an FBO site. An FBO (Fixed Based Operation) is a business
which provides services to general aviation, such as fuel, pilot lessons, repair,
hangar and tie-down rental, etc. PAI currently uses this property for an office
• and store, fuel facilities, and hangar & tie-down areas.
¦ This lease expires on October 31, 2006. If Marana takes over as
Sponsor, this lease will be assigned to the Town by Pima County.
This lease will likely need amendments in the future to update it to
reflect current circumstances on the airport.
- 10 Acre Parcel. This site was leased to PAI in February 1991 for 25 years
with an option for another 25 years. PAI subleased this parcel for the
skydiving center.
- 7.91 Acre Parcel. This site was leased to PAI in June of 1991 for 25 years
with an option for another 10 years. PAI is using this parcel for hangars.
- 5 Acre Parcel. This site was leased to Maricopa Aircraft Service, Inc. in
September of 1992.
- 2.51 Acre Parcel. This site was leased to PAI in September of 1994 for 25
years with an option for another 25 years. PAI is has subleased this parcel to
Woodcrafters.
- 8.4 Acre Parcel. This parcel is not being used. In 1994 PAI bid on this site,
their bid was deemed responsive, however no lease was ever entered into for
reasons unclear.
~ - 37 Acre Parcel. Pima County acquired this propem from the State of
Arizona, and it is currently not being used.
.
~ Summary of Lec~se Te~yras
Pima Aviation, Inc. ~ Pi~n~ C'oun~
Article 1 DESCRIPTION OF PRENIISES.
1.1 The proposed lease covers those portions of the 73 acre parcel that are useable, which is
approximately 62 acres.
1.2 If the Town needs additional land to eYpand the Public Airport Facilities, PAI and the Town
agree on other land to be substituted or we can condemn.
1.3 If any of the property cannot be used because of setbacks, sight triangles, FAA regulations,
and the like, it will be removed from the lease and PAI and the Town will agree on other land
to replace it.
Article 2 TERM.
2.1 The term of the agreement is 2~ years, which is the ma:cimum length allowed by law.
2.2 The lease may be e;ctended for another25 years at the option of PAI.
2.3 If there is an eYtension, there will be an appraisal of the airport, and the value of that
appraisal will be used to decide the lease rate for the second 2~-year term.
• Article 3 COMPENSATION.
3.1 There will be fiYed rent for the entire parcel leased (see E~chibit B). This rent wi11 escalate
over the first 2~ years of the lease, starting Iow in order to allow PAI to develop the land, and
later becoming much more expensive, in order to motivate it to develop. Although the lease
rate may seem lo~v, it is over twice what Pima County was going to lease the property for.
3.2 In addition to the rent for the vacant land, the Town will also be entitled to five percent (5%)
of the revenue PAI gets from subtenants on the property. If PAI uses the land itself; tlzen the
To~vn will be entitled to five percent of what the reasonable rent would be if the property
were leased to someone else.
3.3 The Town will also be paid three cents per gallon of all fuel pumped on the property (the
Fuel Flowage Fee).
3.4 The amount of the Fuel Flowaae Fee can be changed by agreement of the parties.
3.5 PAI must keep records and provide them io the To~vn in order to calculate these fees.
Article 4 iJSE OF PI~ElVIIS~S.
4.1 PAI must use the property for aviation related uses.
4.2 P~I may not use, nor allow subtenants to iise tne property for non-airport activities.
4.3 PAI must make various reports to the To~vn in order to keep us abreast of their progress
toward subleasin~ the property.
~ ~.4 The To~vi1 shall have input ~n the subleases, and has the n~hi to aoprove ~r d~sapz~rove
subtenanrs.
~a~e
~ 4.~ PAI must comply with all laws when using the property.
4.6 PAI and its subtenants will have the right to use the Public Airport Facilities.
4.7 Marana agrees to develop the airport pursuant to the Airport Master Plan, as needed by
subtenants, so long as public funding is avaiiable for the im~rovements. 4.7.3 has a very
particular issue that should be mentioned. There are currently insufficient provisions for
water at the airport for proper tire-flow for fuiure improvements. This is severely limiting
PAI's ability to e~cpand the airport. In this subsection the Town aarees that within the neYt
two years, "a suitable water delivery system is designed and either constructed or ~vill
imminently be constructed, to the eYtent necessary to allow [PAI] to sublease the Premises..."
If the Town is unable to comply within two years, then the land rent will not be due until the
water delivery system is installed.
4.8 If PAI borrows money in order to make improvements on the leased land, Marana agrees to
cooperate with such financing.
Article 5 INSIJRANCE.
5.1 PAI must maintain insurance within prescribed limits.
5.2 Subtenants of PAI must also maintain insurance.
5.3 Marana must be named as an additional insured on these policies.
5.4 If PAI cannot get insurance for a certain activity, so long as they discontinue that activity,
~ they need not get insurance.
Article 6 INDEMNIFICATION.
6.1 PAI agrees to indemnify the Town for its negligence.
6.2 The Town agrees to indemnify PAI for its negligence.
6.3 Each of us is to eYercise reasonable care in the use of the premises.
Article 7 CONSTRUCTION OF STRUCTURES AND IMPROVEI~IENTS.
7.1 PAI may construct improvements on the leased premises, but at the end of the lease those
improvements belong to the Town.
72 The Town has certain riahts to approval of the improvements PAI constructs on the leased
premises.
7.3 The Town has no obliaation to pay for the construction of PAI's zmprovements,
7.4 PAI will not allow any liens to be placed or. the property.
7.5 PAI cannot remove any buildings or improvements from the leased premises wzthoui
permission frorr~ the Tow~.
7.6 PAI and its subtenants have no obliQation to improve or maintain the Public Airpor~
Facilities. v
~ Ar~icle 8 ENVIR~NV~~N~'AL ~R~VISIONS.
The sectioi~s under this t~rticle ~~enerally deal with the various laws reiatin~ to environmeniai issues.
Generally speakin~~, PA1 musi keep the premises free from hazardous materials.
PaQe
~ Article 9 PUBLIC UTILITIES.
The sections under this Article deal with the utilities at the airport. PAI and its subleasees must pay
for the utilities used, and the Town must maintain and repair the utilities ai the airport.
Article 10 NIAINTENANCE.
The sections under this Article provide for the mainienance responsibilities. The Town must keep
the Public Airport Facilities maintained and PAI must assure that the leased premises are maintained.
Article ll TAXES.
This Article provides that sales and other taxes will still be due on top of all otller fees paid under
the lease.
Article 12 RULES & REGULATIONS.
The sections under this Article are language that is provided by the FAA and is to be included in all
airport leases.
Article 13 SUPERIOR RIGH'I'S.
During a war or national emergency, the US ~overnment's rights are superior to those of PAI.
Article 14 RESERVATION OF EASEMENT.
The Town maintains the right to the airspace over the leased premises, and PAI agrees not to build
anything over certain heights which would interfere with the airport.
~ Article 15 ASSIGNMENT.
PAI has the right to assign the lease to another entity so long as it ~ets our written pernzission, which
cannot be reasonably withheld. v
Article 16 ~'ERMINATION BY LESSOR.
The Town can terminate the lease if PAI breaches the lease and does not correct the breach after
notice.
Article 17 TERMINATION BY LESSEE.
PAI can terminate the lease if the Town breaches the lease and does not correct the breach after
~ notice.
Article 18 SURRENDER OF POSSESSION; CON~I'TION ~12E1VIIS~S,
~Vhen the lease ends, PAI must surrender the premises in good condition,
Article 19 GEIV~I~L PR~~~SI~~i~<
These are the ~eneral provisions that are usually ~ound in leases and contracts.
Artic~e 20 N~~'~CES.
This Article `ives the names and addresses of the persons entitled to notice under the lease.
~
Pa~e -3-
. ~D^r ~~i
~ I, ~
~
~ When recorded re[urn to:
I
yIASTER DEtiELOPI~IE`T LEASE AGREEI~ILtiT
PII~IA ~VIATION, INC.
~ &
PII~IA COUN~'~"
~
`:i:1itC: f~c`:Clt!~nlc~tt'i_::L.::\1fc:t:nc:li
i>II11;: i_ ~)li:l[`:; ~~;i'.;:1 i:Il:~~i:. ~I1~
~ ~ - ~ y ~ 1
.
t I ~ i 1~ ~I
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• Table of Contents
;~P~TICLE I - DESCRIPTION OF PRE`~IISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !
1.1 Premises . ........................................................i
1 ? Removal of Land from Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1. ~ Removal of Land t~rom Leasecl Premises Due to Governme~Ital Re~Tul~tion 2
ARTICLE II - TER~t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 2
2.1 InitialTerm .......................................................2
2.2 E~tension Term ....................................................3
2.~ Appraisal for Extension Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~
ARTICLE III - COVIPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.1 Fired Rent ........................................................4
3.2 PercentaQe Rent ....................................................4
3.; FuelFlo~,vage Fee ..................................................4
3.4 Amendment of Compensation by Nlutual AQreement . . . . . . . . . . . . . . . . . . . . . . J
3.~ Record Keepin~
AFTICLE IV - USE UF PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~
=~.1 Aviation Related Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~
'~.2 Non-Airport Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~
~ '~.3 Report of Leasina Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
`~.1 Approval of Subleases . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.~ Law~ful Use and Condition of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4.6 Other Rivhts of LFSSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
4.7 Public FundinQ for Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
'~.8 FinancinQ of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE ti - INSURaNCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 9
~.l LESSEE's Instirance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . °
~.2 Sublessees' Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
~.3 :~dditionalInsured .................................................10
Unavailability ot~ Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 0
:~RTICLE VI - INDE~INIFIC:\TION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6.1 B~~ LESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 10
6.? B~~ LESSOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i 0
6. ; Dut~. of Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 1C
=~.RTICi~E tiI_i - CONSTRL~CTIO~ OF STP.T
`CTL~P~.c
:::~D i~tP~vVE~~1ENTS ON T~-iE PRE~;IISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 i
7. , L~~~EE's Impi-o~ements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ t
~ ; i,E~SO~~s .=~pprovaL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 1
i.= Vc~ Ob1i~Ja~ion for L~a~eh~~lci I:n~ru~,zm~n~: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~~~~:e:~~o~„r~< .
,'ur~a ~.~unt~, Pnn:i -`.ciau~~n. inc •
~ R ,i ~ ?~i (
• ! ~ ~ ~ , ~ U ~ .i j i`!
~ 7.'~ No Liens . ~
...........1_
7. ~ Consent to Rei~~oval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
%
7.6 No Obli~Jation For Pubfic Airport Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ~
;~P~TICLE VIII - ENVIRON~-IENT_~L PP~OVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8.1 Detinitions 13
8.2 Compliance. 1;..+
8.3 Remedies ........................................................i6
ARTICLE IX - PUBLIC UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
9.1 Pavment .........................................................17
9.2 Repair . .........................................................17
9.3 Provision of Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 %
9.4 Ri~hts of Wa.v . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 17
,~~RTICLE X - MAINTEN~.NCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
~
10.1 LESSEE's Obli~>ations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ~
10.2 LESSOR's Obli~ations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 e
10.3 Notice by LESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 S
10.=~ Inspection by LESSOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ~
ARTICLE XI - TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 18
A ART'ICLE XII - RULES AND P~EGUL~~~TIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12.1 LESSOR's Revulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12.2 Department of Transportation Re~ulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
12.3 Non-Discrimination . 19
12.~ Fairne~s. ~
........................................................1,
? 2.~ Applicable to Other A~7reements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
12.6 Aftirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
12.7 Non-Compliance . .................................................20
1?.8 Futtire Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
12.9 Future Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ?0
12.10 Elevation Restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2C
12.1 1 Subordination to Federal AQreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ?Q
12.12 No Exclusive Ri~TIIt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
? ~
12.1 _ :\pplicable to Subleases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2l
i?.1=-! Com~iiance ~vitll Av;ation R~~Ttilations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~RTIC~.~ XL[I - SUPEP.IOR RIGI-ITS . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i i Dreemption ov U.S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. ? i
1=~.= Disclain~e:-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . ~ i
~ :-~.R~I~~ICLE `tIV" - P.~SERV.=~"i,(ON OF E:~.Sc~-(E~;"r . . . . . . . . .
1-~.1 LESSO['~~s I'~~s~;~ati~~nui~i ~,~Ilt~ . . . . . . . . . . . . . . . . . . . . . .
~ii~ Obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
\i;i~[~: DCV~!uF7inC:tt L~ :~c :\_rc~ni~:iC
i'im~ ~uunnvPinia :A~: i;tuun. Inc l i
~
~ ~`1 ~ ~i~
~ ~ ` '
. s a
± ; ~ i
a ARTICLE XV - ASSIGN~IENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 ~.1 LESSOR's Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I ~.2 Compliance ~vith P~eqtiirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
,=~RTICLE XVI - TER~IINaTION BY" LESSOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
16.1 Detault bv LESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2~
16.? Additional Detaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16.3 No ~Vaiver .......................................................2~
16.4 Remedies Cum~ilative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . %3
ARTICLE XVII - TERVIINATION BY LESSEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.1 Causes ..........................................................~s
17.2 EYpiration of Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2,,
17.3 Non-Waiver ......................................................2=~
17.=~ Remedies Cumula[ive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2~
ARTICLE XVIII - SURRENDER OF POSSESSION:
CONDITION OF PRE~IISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2~
18.1 Surrender ........................................................2~
18.2 Condition .
18.3 Removal of Personal Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2~
~ 18.^-. Transfer to LESSOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2~
ARTICLE XIY - GENER~L PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
19.1 Cumulative . .....................................................26
19.2 Non-Waiver ......................................................26
19.3 Time ofEssence . .................................................26
19.1 Entire AUreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 26
19.> Vlodification . ....................................................26
19.6 Abandoiunent . ...................................................?6
19. % Successors and Assi~ns Botmd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2G
19.8 Article Headinvs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 26
19.9 Severabilitv ......................................................2;
19.10 Applicable Law~ ...................................................?7
19.1 1 Autlloritv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 2 ;
19.12 P~ecordinU and Ft~fective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;
19.1~ :~pprovals . ......................................................?7
ARTICLE : ~ - `10TICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . %7
~n, i ~~ddresse~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ? %
20.2 Sec~~ic~ . . . . . . . . . . . . . . . . . . . . . . ?g
~0..; ~ i~an~7~ ,~t :~.ddress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~
V~L1tiiC.' L~c':C:UOnic::[ LC:tiC :A1~CCf17Cn[
~~Iiil;l l_~illlll['~';~~':I11:1 : I;l[I11i1. ::1~ ~ ` 1
, ;1 ~ j j~ ; ;n, ! ;
; i ; ~ ; II j~;
G I ~ i i I E
' ~J i i ~ i ~ ~ , 1 ~ ~ f
e VI~STER DEVELOPVIENT LEASE AGREEI~IENT
THIS LE.=~SE is made and entered into this dav of , 199 , bv
and bet~~veen PIl~~1A COLTITY, a political subdivisiun ot the State of Arizon~ ("LESSOR") and
PIM,~1 AVIATION> INC., an Arizona corporation ("LESSEE"). LESSOR and LESSEE rnav be
reterred to collectively in this Lease as the ~~parties."
RECITALS
1. LESSOR is the o~vner of tlle Airport kno~vn as AVR~~ VALLEY AIRPORT, located in
Pima Countv, Arizona (the "Airport").
2. In the interest of promotin~ economic development and achievinQ other public benefits,
LESSOR is desirous of encoura~inU various private businesses and appropriate ~overnmentai
a~encies to locate their aviation related facilities on presentl_y undeveloped Airport land.
3. The parties believe that the fore~oing aoal can be achieved most eiticientlv bv leasin~
certain undeveloped portions of the Airport to LESSEE, ~vho ~vill in turn fiinction as master
developer, in cooperation ~vith LESSOR, for the purpose of developina such property and marketina
and subleasin~ it to end users.
~ AGREEI~IENT
NOW, THEP~EFORE, for and in consideration of the mutual aQreement to the terms and
conditions set forth belo~v, LESSOR does hereby lease to LESSEE a portion of Airport, as iollo~vs:
ARTICLE I- DESCRIPTION OF PREI~iISES
l.l Premises.
LESSOR herebv leases to LESSEE a ponion of Airport, ~vhich portion consist~ ot
approsimatel~~ 6? acres. as particularlv described on EYHIBIT A(tlle "Premises"}. LESSEE shall
have, subject to the terms and provisions of this Lease and anv subleases, the use, occupancv and
control of the Premises ~vith a11 improvements constructzd thereon.
1.2 IZemoval of Land t~rom Premises.
Durin~> tlle Initial T~rm and Extension T~rn7. at the request of eith~er p~~rt~~ to ~this
~ ~ase, L~S~cL and L~SSOR mav meet io discuss ~~,vl~ethe: aiz~~ oortiUns o~ the Premise5 ~huuici be
~~~~1:[~c~ ti'OII1 ii1~ E 1"Z;7i1Se~ i0?' i11~ pUCi~C~Je Oi be:Tl'`1 i1ti1;Z~~1 tl~C 1C1C_1[10[l~~ pL1~~1C ~1I~70Ci tZC::11:iZ~ OC
~or ~ily~ otlie:- ptiblic purpose ot :~esser. _=~n~- ~tich d~ieti~n ~h:~ll req~iire th~ rZUtuai t~ r;tten ~~`~::.~me;~t
iJ~ L~' S~l~~t ~1L1Q ! LJS~ llPIZSS SiICi1l~Z;e~10I1 OCl LICS TIiI'OLt<?fl C~1~ US~ l~t c:I1i111tC1T ~`~OI iiZlil c S DCO~~iCiZ'~.
~ ~ i t ~ ' I- ~ ~ ~ i l T j-
n~i _,nat~er. In th~ ent .hat ~~ic~l delenoil tal:zs plac~_ ~~~SvR ~hal1 ~.s~ its ~est tf~urt~ p.~~ .~_a~
in ~ubstinuion for the parcei c':ele.ed aizother parcel o'r ~c;uiva(~nt size and t~air ~e,~i~~~ •~,~al~.iz iuc~:t~~a
\ia~tc: Dc~ciupnu„t Lc:uc :\,~rcc:n~nt
~r~~ ~Q
P:in:: (:uunt~; f'ima :1~: ~:~nun. ii;c. i ~l` 1 i) I-
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~ witllin the Airport. If sucll substituted parcel is accepted b~~ LESSEE, the Premises shall be
redetined to include the st~bstituted parcel in lieu of the deleted parcel and the `~t= ized Rent" (detined
belo~v) shall be adjustzd to ret7ect any difference in the size of the Premises. if no such parcel is
mutually aQreed ~ipon, LESSOP~ sh~111 be entitled to exercise its ri~ht of eminent donlain to condemn
LESSEE's leasehold interest in the p~rcel to be deleted, subject to LESSEE's ri~7ht to rzceive
compensation for the appraiseci value ot~sucll leasehold interest.
1.3 Removal of Land from Leased Premises Due to Governmental Re~ulation
In the event that anv portion oF the Premises c~nnot be developed in. the manner
contemplateci by this Lease by reason ot~Qovernmental rey~ulation, includina but not limited to rAA
re,tilations reQardina setbacks, clear z~nes, and restricted visibility zones at the intersection of
runways (any one of the fore~oin~~ mav be referred to as a"Restriction"), such portion mav, at the
option of the LESSEE, be deleted from the Premises. In the event that such deletion takes place,
LESSOR shall substitute another parcel of eqtiivalent size and fair rental value located «~itllin the
Airnort ~vhich is acceptable to LESSEE. Upon acceptance of such substituted parcel, the Premises
shall be redetined to include the substituted parcel in lieu of the de(eted parcel and the "Fixed Rent"
(defined belo~v) shall be adjusted to retlzct any difference in the size of the Premises.
Ifthe Restriction appears on the existina Airport i~laster Plan, the deletion and
substitution shall be implemented as soon as possible after tne Commencement Da~e.
• If the Restriction is set forth in a subsequent amendment to the Airport Master
Plan, the deletion and substittition shall be implemented as soon as possible after the FA.A
has accepted such amendment.
If any portion oFthe Premises is or becomes unavailable for development due
to Qovernmental reQulation not sho~vn on the Airport Nlaster Plan, the deletion and
substitlrtion shali be impieinenteci as soon as possible after such re~ul~ tien becomes
effective.
Any stibstitution referred to above shall not affect the Fi~ed P~ent (de;ined
belotiv), unless the stibstituted parcel is difterent in size from the deleted parcel.
ARTICLL II - TERI~I
2.1 Initial Term.
ihz Initi~l Term ui chis Lzas~ sha11. be ior a period ot i~i:en«-ti~;e Lease Ye~~rs
~e~innin~~ on th~ lst dzti~ of . 199_ (the ~~Commer~ce~7~n~ Date~')- -~s u~ed
hc~cl?1 CIl~ I~CTi? ~~I ~:1S~. ~~'1I"`~'11~.1C1S ~l 0[12 V~~1C ~~Ci0t7 be~?111I11I1`? OCl i~l~ iii'SI ~~.1 0~ I11~ i?ll[!:i~ 1~'m
J(" t~I1 ~111Y SLILSeC~Ue[1C 11~1I11V~iS~ll"~~ Or SL1Cl1 C~~liZ QI'iCj ~;1C11I1~? ~Il L~le Q'1`% pI'~C~:C:li1~? ihP. i1Z::T iC110~~1I1'?
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. 2.2 Extension Tec-m.
If LESSEE is not in default in the performance of am~ ot~th~ terms of ti~is Lease when
the initial riventy-tive year teri~l expires, LESSOR shall extend this Lease at the option ot~LESSEE
for a sin~__>le additional twentv-tive vear period (the "Extension 1~ern~"). LESSEE shall exe;cise the
option to extend this Lease bv notifvin17 LESSOR in ~vritin~ that LESSEE is e~ercisinQ its option
to e~tend the Lease. Such notitication shall be made at least one (1) year and no more than tllree (3)
years prior to the expirZtion of the Initial Term. E~cept for the Fixed Rent (see belo~v), which shall
be redetermined in accordance with this :~lrticle tipon receipt of LESSEE's written notice to exercise
its option to extend this Lease, the terms and provisions oi this Lease shali apply to the Extension
Term.
2.3 Appraisal for Ertension Te:m.
Dtirin~ the thirty (30) days follo~vin~ LESSEE's exercise of its option to extend this
Lease, the parties shall meet and attempt to a~ree on the Fixed Rent for the first Lease Year of the
Extension Ternz. IFthey are unable to do so, Lessor shall, ~vithin thirty (30) days thereafrer, provide
Lessee with a list of four (4) independent V1AI appraisers ~vho meet the Competency Provision of
the Uniform Standards of Professional Practice, particularlv those ~vho are experienced w-ith valuina
similar airport type properties. Within t~ventv (20) days after receiving such list, Lessee shall ~?ive
notice to Lessor of its choice of Qualified Appraiser from amonQ those named. Lessor shall
promptly en~?aQe the cnosen Qualified Appraiser to determine the Fi:~ed Rent ior the first Lease Year
~ of the Extension Term based on the then prevailing market rate for unimproved land at ether similar
airport facilities in Arizona, and if none in :~rizona can be used, then in other comparabie locaiities
the appraiser believes are relevant. LESSOR shall promptly notiiti~ LESSEE of the restilts of such
appraisal. The determination of the chosen Qualified Appraiser shall be conclusive and binciin; on
the parties.
In determinin` the Fixed Rent for the Extension Tern1, the Qualifled Appraiser shall
use a"land value" basis, i.e., shall take into consideration only the unimproved land value of the
Premises, and shall not include the ~-alue of anv improvements made thereor. bv LESS~.E or ics
sublessees durin~= the Inicial Term. Ho~vever, the appraisal shali iake into consideratior. any
improvements made to the .~irport by LESSOR ~vhich in the aoprniser's ~ro`iessional opinion
increase the land value oi the Precnises.
Not~vithstandin~~ the foreUoin~, the FiYed Rent per acre pe: tiear tor tlie 'tirst ~ea~e
Y'ear of the E~ctension Term shall in no e~ent b~ less than ~uc(1 Fi~ed Rent for the last Lease Year
ot~the Initial Term. Fi~e~ Rent for the ihird throuvi~ t~ventv-ti~ti~ ~ tase ~'~ars or the E~tension : ern-~
siiall be determined as tollo~vs:
Conzm~ncin~` upun the e~cpiraiion oi ~h~ ti:st :~vo Lzase Years ot the Ext~:~sion
Tzrm and e~~erv t~~o (2 j Lease Years therea'tteY (th~ "CP~-~- a.diustm.ent Dates"). tile Fixed t~ent 'tor
ill~ [1Z.`~i C~vO 1 i~~:l~~ ~i .~.:1CS $21~1i1 ~7~ 111CC~:.`2;7~. }JY ~Il~ :1i110~1[1C Ot :111Y ~t~i:~ii(a~~~' !11CI'~aS~ iIl ;Il~ ~,~.i
• ~~(~i1C1I1~`% i~lZ i710SI C~':;~!li :SVO ) 1:1~C;i1C~;1C ~r Dt'_riOQ ~J~~:..' ii1l; C~11C;:1li~ii~ ~'~;11' }`JI~~C~:ilI1'? l~;(1[ i`•~ Q i~ i
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o~ibli~;le~i b~~ tlle L'.S. D~oz:rtm~nt o~~ ~ ab~~r. Btirea~i ufSta~i~tics. in tl~~ ::~.~~;,t pui~lica~iun ot th:; C°~-
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• U is terminated, then such periodic acijustme~it shall be macle by application of tl~e inde~ publislied
bv tlle U.S. Department of Labor ~vl~ich most closely resembles tlle CPI-U.
ARTICL~ III - COYIPENS~TION
~.1 Fixed Rent.
Not~,vithstanding anv additional rent. fees, ta~es. or otller monies paid to LESSOR
pursuant to this Lease or other~vise, LESSEE a~Tre;,s to pay to LL-SSOP~ an amount of rent per acre
of the Premises for each Lease Year determined in accordance ~vith the rent schedule attached hereto
as Exhibit "B" (the "FiYed Rent"), plus rental tax. The Fi~ed Rent shall be pa~~able q_t~arterly in
advance. The Fi~ed Reni for partial acres shall be pro-rated. Fixed Rent for land ~vhich is deleted
from the Premises or taken by eminent domain shall cease as of the tirst dav of the calendar month
follo~vin~ the month in which such land ceases to be a part of the Premises.
3.2 Percentay~e Rent.
32.1 In addition to the tixed rent set forth above, LESSEE aarees to pay to
LESSOR a sum equal to five of LESSEE's actlial aross receipts
from sublease of anv portion of the Premises to a suolessee (tne
"Percenta~e Rent").
~ 3.2.2 ~s used in this Lease, "actual Uross receipts" shall mean the total
rents received by LESSEE from sublessees pursuant to subleases of
portions of the Premises, excludin~ rental taY. li LESSEE utilizes
anv portion of the Premises for its o~vn use, then the fair market rental
value of those por~ions shall be added to actual aross receipts.
~.2.3 The actual Uross receipts and Perceiitave Rent shall be computed on
a quarterly~basis. °~rcenta~e Rent ior a quarter shall be due anci
payable no later than thirtv (30) days follo~~vin~~7 the end of such
quarter. A report indicatinQ the method u f computation ir. reasonable
detail shall accompany each remittance.
3.~ Fue! Fla~vave Fee
Durin~J the Initial Term and E~te~lsion Term, LESSEE shall pa~- io (~ESSOR, i,~
addition to rent. sales tz~es and other ta~es. and all other tees. a fee (iiie '`Fue1 I~ lu~vaUe Fee") ~or
everv `allun of all aviation tue( and other tue( dispensed on the Premises, whzther cispense~ clirectl~~
into an airplane or other veilicle, dispensed into fuel pumpin~~ truc~, or dispensed into an~- other
container (but e~ciudin~? any ttiel ~vhich has aireacl~~ oeen subject to payment ot a r~_iei r ic~~aUe s~e
~~vhen i~t was pceviouslv dispensed at the f~irport). LiSScE may assi~~n the obli«urioi~ tc pa~a the :~_i~~.
lO~V7`?l: t" CO 5Ub(e11;1I7[S, ZIZG IO tlll: ~\T~IlI ~llCtl i" ~,~~5 ~?1"Z dCLL1;.11~~` D;IiC ~V I~1t SllGC~.1~lIlt, .~..C`Cir. ~
~~bli~?:]ilOii 1'.~~' ~L1C~1 S~:;S !S S~l[1SiiZ~. ~ I?~ I'Ucl F~O~~~~1~?? rt~ Sil~lli r~ II~ ~l'.l; _iIi'.~~ll?li 0~ ~.t1:2~ C~:lic
• ~~l`i.~!.) ~CC `3(1110C1. ~li Q Q!l~lt":~riv basis. tl:~ fc(ILfi U`~~ Q~t' Oi ~;1C11 llll:ll"[~C. ~ C1~L'~. Si~.~?l~ :~.~~C'I"~
IO i_EJ~~~t I~1~ 1111[11C~: OC L~l~~ullS UC iL't~! ~11J~~:'.S~ti ULfl"il?`1 Uic I~i"`~~'ll)l!S ~~ll>l1[11 ;.111~: ~i';lll "..:?lil ?i1C
).I:I5iCf ~CCCI~;f)f11C;lt L: :iC :~._fCC:IIC:;[
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~ Fuel Flowa~e Fee based thereon. LESSEE shall submit a statement of fuel flo~va~e for the preceding
cafendar year not later than i~Iarch i of each year. The statement shall sho~v in reasonable detail the
amount of actual `,ross receipts durin~T the precedin`7 calendar year for fuel sales and amount paicl
to LESSOR for Ftiel Flo~vage Fe~s d~irin~ the same perioci. Such annual statemenz sl~all be
accompanied by the si`ned opinion oftlie person certifyin~J stich state«~ent specitically statin~ thai
he has e~camined tl~e report of f~iel sales tor stich year, that he has e~amined LESSEE's books and
records as he considered necessarv under the circumstances, and that such statement accurately
presents the total tuel sales of such ve~r. ~n adjustment shall be made ~vith the Furnishin~ of each
annual statement ~vith respect to Fuel Flu~va~=e Fees if LESSEE shall have paid an amount difrerent
than ~vas rec~uired to be so paid. The amount of anv increase shall be paid and delivered with the
annual statement and the amount of anv decrea5e shall be deducted from subsequent paymenis. EacL
sublease shall include a section imposina the same payment and reportin~ obii~`ations upon the
sublessee with re~ard to fuel it dispenses at the Airport.
3.4 Amendment of Compensation by Mutual A~Treement.
DurinQ the Initial Term and Extension Term, at the request of either party to this
Lease, LESSEE and LESSOR shall meet to discuss whether there should be a chanRe in the Fixed
Rent referred to in paraaraph 3.1, the Percenta<Te Rent referred to in para~?raph 3.2 or the Fue1
FlowaQe Fee referred to in paravraph 3.3. Any such chan~?e shall be made prospectively only and
shall require the mutual w-ritten a~reement of LESSOR anci LESSEE
• 3.~ Record Keepin~.
LESSEE. shall keep true and accurate account records, books and data in accordance
~vith ~enerally accepted accountina principles ~vhich shall sho~v al1 rents billed to and receipis
collected from third parties for any part of the Premises. LESSEE shall maintain annual corporate
income tax returns and corporate financial statements certified by a Certified Public Accountant.
LESSOR shall have the riaht to e~amine all tinancial books and records pertaining to this Lease or
to the use of the Premises upon three (3) business davs advance ~~~ritten notice to LESSEE.
ARTICLE IV - USE OF PREVIISES
~.1 Aviation Related Uses.
LESSEE shall develop the Premises onlv for businesses associated ~,~-ith aviation or
airport related activities and related strtictures so lon~? as tllev are consistent ~vith r:~A r:.gt!lations
and do not interfere ~vith the LESSOR's abilitv to receive ~~rant t~undin~?. LESSEE's developmen~
of the Premis~.s shall be in a manner to marimize the overall v~ltie ot tize Premises in a reasonabi.~
fashion. Anv de~~elopment ot the Pr~mises sha11, to the ~?reatest ertent possibi~, a~, oi~ the cre~:tion
o.t iinusable or iinn~ar,~etable areas ot the Premises_
Lon-=`~irpurt :`:ctt~. it~~~.
•
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• y LESSEE shall not permit its subiessees, a~7ents. customers, patroils or others to
enga~e in activities ~vhich are no[ reasonabiv related to Airpo?-t purposes witllotit tirst obtaininv the
prior written consent of LESSOR ~
4.3 Report of Leasing Activitv.
=~.3.1 On a periodic basis; but not less than annually; LESSEE shall submit
a written report to LESSOR describin~~ LESSEE's et~forts to develop the
Premises, t11e names of persons or entities ~vhich have iilc~uired about
stibleasin`~ a portion of the Premises, and a description of the stattis o~
planned development. If am~ person or e«tity reqtiests to stiblease a portioii
oi the Premises and LESSEE does not enter into a subiease ~vith such person
or entitv, LESSEE shall provide ~vritten justitication for LESSEE's decisior~
not to sublease to such person or entity and s~all, if requested by LESSOR or
the Federal Aviation Administration ("FAA"), provide economic data to
support LESSEE's action. If anv person or entit~~ interested in ieasing a~art
of the Premises (a `~Prospect") requests to sublease a portion oi the Premises
for use as a aeneral aviation, fiill-service fi~ed base operation providina
substantially the same services as the existina tixed base operator at the
.~irport, and LESSEE does not reach aQreement ~vith such Prospect «~ithin siY
(6) months after receipt from such Prospect of a formal ~vritten proposal;
LESSEE shall promptly refer such Prospect to LESSOR's Airport Nlana~er
• for all further neaotiations (~~hich ne~otiations shali relate onlv to property
other than the Premises) and shall confirm such referral by ~vritten notice to
the Airport VlanaQer accompanied by all information in LESSEL"s possession
pertainin~ to such Prospect. LESSEE shall thenceforth refrain from anv
further contact ~vith such Prospect except to the extent specificallv requested
bv LESSOR.
4.3.2 LESSUR shall promptly advise LESSEE of anv Prospect of ~vhich
LESSOR or its ofticials or employees becomes a~var~. If LE~SOR is
contacted by any Prospect it shall refer such Prospect to LESSEE.
4.=? ~pproval oFSubleases.
LESSEE is permitted to sublee portions oi ~he i remises oniy for a~iiaiicn related
activities, subject to prior w~ritten anpro~~al of LESSOR. Suc'n appro~ai snail ;ZOt be ii:i.,~~~sonabi~:~
~vithheld. When requestin~ LESSOP~'s approval of a sublease, "LESSEE shall accompan~~ ;ts ,ec.~ues~
~vith a cop~~ of the actual stibiease documents it plans to stibmit ior execution by the stiblessee.
includin~7 a specitic description of tize activities to be conducted b~ t!7e subl~ssee at the :~~irpor~.
`~Vithin ihirtv (30) davs after submission o'r the proposed stibiease doctiments b~ LESSEE, LE.SSOR
s11a11 notih~ LESSEi in ~vritin~J ot aqoroval oc- re;ec:ion t'tzereof. 1n tlle event ~LSSOR cie~ms st~ch
illl~i~i' r~iJ~ Cl~ly ~~~iOl~ l0 bC 1I1~1Cj~C~l1~ll~ tOC i[S I'~~1C'lL' OI c1 DCOpt~SeC~ ~llfll~"uS~.. i~~~~~~~ 1i1~~'' ~:;iZ:i~
~uc?1 period fo.r ar. addition.al thir~ti~ (30j days bti~ «;vin~? writren :~otice thereor to I_~SSEE prior to th~
• ~XC•ll'~l[lOi1 Oi '(Ile II1.iC:1! F7~Cil;~1. T[1Zi~~itl?C. ~LlCi1 D~ilOti CI1~1V l~t C\ILi1l:cQ 0i~1`% it~j 100i'•. C'~L'tS~ OC ~J`-
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• theretor and use its best efforts to provide recommended revisions or other conditions tor acce~tance.
All subleases, amendments, and other le~se documents shall be aoproved as to 'rorm by LESSOR,
as evidenced by tlze si~nature ot~ LESSOR's desi<7nated representative on tile ori~inai or such
document. Any such sublease shal( only be for a portiol~ ot~the Premises reasonably necessary for
the authorized activity of the stiblessee, shall be stibject to the terms ot~this Lease, and shall contain,
as a minimum, the provisions required by this Lease. In lieu of initiallv submittina the actual
sublease documents, LESSEE ma}- submit to LESSOR for approval a memorandum of
understandin~ or letter of intent (a '~Proposal") bet~veen LESSEE and the proposed sublessee. A
Proposal shall cover all of the essential business tenns of the deal in sufficient detail For LESSOR
to evaluate them ~s provided above. In the event a Proposal is so appro~-ed, LESSEE anc~ the
sublessee shall proceed to tinalize the sublease documents, ~vhich shall remain stlbject, ho~vever, zo
LESSOR's tinal revie~v and approval, ~vhich approval ~vill not be unreasonably ~vithheld or delaved.
4.~ Lawful Use and Condition ot~ Premises.
LESSEE shall comply ~vith all County, state and federal la~vs, includin` ~vithout
limitation FAA ReQulations and any and all applicable zonina laws that may apply to LESSEE's tise
of the Premises. LESSEE shall obtain, at its own cost, any licenses that may be required by law for
its operation. LESSOR ~vill assist and cooperate to the extent oossible to obtain required licenses
and permits.
4.6 Other Ri~hts of LESSEE.
• LESSOR hereby arants LESSEE and its sublessees and their aUents, em iovees,
~ P _ .
contractors, and invitees the follo~vin~` additional privileJes, tises and ri~hts, all of ~vhich are subject
to the terms, conditions and covenants contained in this Lease and all of ~vhich shall be non-
exclusive ~vith respect to the Airport:
a. The use of all public airpon facilities and improvemei,ts ~vhich are
no~v or mav hereafter be constructed and are anpurtenai7t to the
:~irporC.
b. Tlle ri«ht of in~Jress and earess trom the Premises to all runways,
ta~i~vavs and facili~ies entime:aied in ihe precedin~_ para`7raoh, and
over anci across the pubiic road~va~~s se:vin`7 the Ai..rport, sucie~t to
nnv and all ordinances. rul~s and ;eUulations ~vi7ici~ are no~v or n,av
hzreaiter appl~~ at .<lirport.
•
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• '~.7 Public Fundin`7 for Improvements.
=~.7.1 LESSOR ackno~vled~es that LESScE's abilit~- ro sublease various
portions of the Premises may ciepend upon the availabilit~ of certain
improvements, ~vhether on or otf the P;emises. LESSOR therefore a~rees
t]Zat in the event the :~irport i~laster Plan (as it now exists or mav hereafter be
amended) contemplates tlle construction or improvement of airport 'racilities
or infrastructure or a prospective sublessee of the Premises requires such
constrtiction or improvement as a condition of enterin~? into a subl~ase and
LESSOP~ approves stich project, LESSOR shall (a) take zll actions necessary
to obtain as promotly as possible ~vhatever state, federal or other
~?overnmental fundinv mav be available to pay for such project, anci (b) in the
event such fundin`l is Uranted, pav for anv portion of the cost of the project
~vhich is not paid by such fundin~, but in no event more than ten percent
(10%) of the cost. In addition, LESSOR shall use its best etforts to obtain
Qovernmental fundinQ to construct such other airport improvements as
LESSEE may deem desirable, provided that such fiinding covers at least
ninety percent (90°'0) of the cost thereof. This section shall not obliQate
LESSOR to construct or improve any airport facilities or infrastructure unless
state and/or federal fundin~ is available for such purpose.
• 4.7.2 LESSOR makes no representation that Qove;-nmental fundinQ for
Public Airport Facilities ~vill be made available or as to ihe am~ount thereoi.
4.7.3 Nothing contained in this ParaQraph ? shall be deemed to obligate
LESSOR to pay for or seek other aovernmental funciinQ for any project or
improvement which is located entirely ~v~ithin a subleased portion of the
Premises or which benefits only one sublessee. LESSOR acknowledaes that
as of the Commencement Date, LESSEE may be unable to sublease any part
ot the Premises by reason of the lack of a ~vater deliverv system at the :~irport
sufticient to provide the tire pro~ection required by the relevant ~overnmental
authorities. LESSOR therefore agrees to use dtie dili<~ence and take all
actions reasonablv necessarv to ensure that. ~vithin t~ventv-four (2~) months
~ollowina the Commencement Date. a suitable water delive~,~ svste_r. is
desi~ned and either constr~icted or will imminently be construc.ec'. to the
extent necessarv to allo~v LESSEE to sublease the Premi~es w~ithout the use
thereoi bv sublessees vioiatina applicable le~_=~l_ re«ulatory oz insurance
requiremen~s. In the event the l~ct of a ~vater deliverv svstem pre~en~s
LESSEE from subleasin~T the premises ~vithin stic4l nven~v-four (2-:) n~onth
pe:iod. the Fitied P~enc shall abate until such pro~~ress on tize ~vate: deiive;~•;~
s~s~em is made that LESSEE is permitted to stibl~ase and construct on the
P~er.Zises. .=~tter the compi~tioi~ ot such constructio~l. LESSEE or its
si~ole~sees. as the c.~se ma~~ be. siiaf; be resr~unsible tor p~avin~7 tilz co~~ o±
~ in~~ailin~~ iire prote::tion s~~st~m~ as re~;~_iire~ b~~ ~~poiira~iz iire cedes in an~~
ouildin~is or ot11e: ~mnro~em~n~s t~~vnea cr ~~ccunie;: :~v ;~c~~~~ or ~i~
~uoi~ss~~s a~ il~z .=a.i:~urt.
`.155iCf l-)cYC!oDmC:tt l~G:;Se :A_~C•~;nC:ll
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Prna ~;;unt~~;P:n;;i ..vi :uun_ inc. _ -
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~ '-~.3 Financin~~ of Improvements.
LESSOR acl:no~vledC7es that LESSEE intends to borro~v monev t~rom time to time in
order to finance the construction of improvements to the Premises for use by sublessees, and that the
lender (the "LeZSehold ~lor`a«e:,") ~vill re~~uire a mort`7a`Je or deea of trust encumberin~ LESSEE's
interests under this Lease and the subleases (a'~Leasehold Vlortaa~e") as collateral for any such loan.
The exact terms t11at a Leaselzold ~~[ort~za~?ee will rec~uire to protect the securitv for its loan ~vill not
be known until LESSEE nevotiates for a specific loan, but LESSOR ackno~vled~~es that such terms
will, at a minimum, include the a~reement by LESSOR to: send the Leasehold Vlort~a<~ee a copy of
anv notice which it sends to LESSEE under tliis Lease; allo~v the Leasehold 1~Iort~?a~ee additional
time to cure any defaults by LESSEE: obtain the Leasellold vlort<~a~ee's consent to anv amendment.
modiFcation, cancellation, or surrender ot~ this Lease; and allo~v the Leasehold ~Iort~a<7ee to
foreclose and other~vise enforce its Leasehold ~tort~age (by, for example, collecting rent directly
from sublessees or havinv a court appoini a receiver) in the event of a default bv LESSLE under the
terms of the loan. These terms mav be contained in an amendment to this Lease or in a separate
a~?reement. LESSOR aarees that it ~vill not unreasonably ~vithhold or delay its approval of such an
Zmendment or a~reement, provided that LESSOR's le~itimate interests are reasonably protected,
includina its riQht to aoprove anv receiver to be appointed by a court durin~ the foreclostire of the
Leasehold iVlortQa~?e and the ultimate purchaser of LESSEE's interest at the foreclosure sale.
~RTICLE V - INSUR~NCE
~ ~.1 LESSEE's Insurance.
LESSEE shall keep and maintain at its sole cost tire and e~tended dama~e coveraQe
insurance for all structures and facilities constructed on the Premises in an amount~reasonanlv
comparable to that of similar insurance carried by other Airpon Lessees in the State of Arizona.
LESSEE shall also keep and maintain at its sole cost and expense a Three vfillion Dollar
~,000,000.00) sinvle limit comprehensive public or commercial aeneral liabilitv instirance policy
~vith specific provisions coverina bodilv injtiries, property dama~?e, premises liabilitv, contractual
liability, completed operations, if any, products liabiliiv, if anv, and Han~ar Keepers Liabilitv. In
addition, LESSEE shall provide stich ~dditional instirance, for e~canlple jtimp and specia! events
covera~e, as mav be reasonable and appropri~te to cover liabilitv arisin~> otit of activities authorized
bv LESSEE or its sublessees to be conducted on the Prernise~..
Su6lessees' Instirarce.
[n lieu of providin~_= 5Lic11 insuranc;, itse!t, LESSEE mav re~~uii-e ~ su~less~~ to
maintain ( i j propert~,~ dama~`e anuior liabiliry insurance with respect to anv impro~ em~nis ~vhich suci7
stiblesse:: is occunvin~? ~and (i~) additional instirance ~vith resptct to the acti~~ities such sublesse~ is
~_oilductin~~ at tlle .~irport. ~uch stibiess~es and anv inslirance poi;cies ~~vllich th~~~ pro~~ie1~ silaii cc
Sil(~~~:;[ l0 '~lll Ok [~l~ i~~1L11C~ITl~:i(S C111S ~"~1'~1C~i: 1R1DOSeS ~.~1t1: iZL~1CC? :0 Lt; SJ!=.' E•J IiiJllC~lI1Ct, InCIL'.QIP.'`7
~ OUi Il0( 11fI11[ZCj CO i~1~5~. lIl ih~ [Oll~~~'lllL ~aC1!?C;.1pC'i.
>:i;ste: Dc~:~i~~omc:it L ;:~c .~.crcc:r.e~e
7.~i_~ i~i' ^C~
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~ ~.3 AdditionallnsLired.
LESSEE shall name LESSOR as additional insured on all liabilit~~ policies anci shall
provide LESSOR with copies of certiticates ot~insurance and the endorsement o~ aciditional i~~ured
each year as the policies are rene~~ed. LESSEr shall also require insurer to provide LESSOR ~viih
a~vritten notice of cancellation a minimum ot thim (30) davs betore canceflation. L~,SSOR shall
name LESSEE as an additional insured on a11 liabilitv policies, and shall provide LESSEE ~vith a
copy of the certificate of insurance and the endorsement of additional insured each vear as the policy
is renewed.
5.'~ Unavailabilitv of Insurznce.
If LESSEE cannot obtain anv instirance required pursuant io this Lease because of
its unavailabilitv or unreasonably prohibitive cost, LESSEE shall be entitled to be relieved of the
requirement to maintain such insurance provided it discontinues the activity ~vhich would other~vise
be covered thereby. The parties mav reneaotiate the terms of this Lease ~vith respect to instirance
requirements in the event LESSEE encounters difficulty in fultillinQ such requirements.
ARTICLE VI - INDEI~INIFICATION
6.1 Bv LESSEE
~ LESSEE shall indemnify, defend and hold harnless LESSOR, its officers,
departments, employees and aQents irom and aQainst any anci all suits, actions, leQai or
administrative proceedin~?s, claims, demands or damaaes of anv kind or nature arisinQ out of this
Lease which are the result of any act or omission of LESSEE, its a~ents, employees, or anv one
actin~ under the direction or control or on behalf of LESSEE, its aQents or employees.
62 Bv LESSOR
LESSOR shall indemnifv, defend and hold harmless LESSEE, its o~vners, affiliates;
officers, employees and aaents from and aQainst anv and all suits, actions, legal or administrati~~e
proce,;din<?s, claims, demands or dama17es of am~ nature arisin~ out or this Lease ~vnich are the result
of any act or omission of LESSOR, its ofticers, departments, employees and av7ents or anvone actin~?
under their direction or control or on their behalf.
6.~ Dutv of Care.
LESSEE shal.l e~ercise rea~onable care on the Premises ancl:~irport an~ sr~ali actv;s~
LESSOR ~vhen conditions ~.~hich may po~e an tinreasonable risi: ot i7arm to members o~ the ~?enerai
pubiic are ciisco~ ered. ~Unen L~SSEE is acivised 'ov its employe:,s or tlle LESSOP~ ti~at an unsare
or dan~~erous condition eYists on the Premises. 'LESSEE shall t~l:e rzasonable steps to correct the
conditiun and shalf be responsible t11at members ot the ~?enerai p~ibii~ are nut ~~:posed to dan~Te:.
L~JS~~~ Sll~ll t~ll~Z ie:1~0llAblZ ~f~'~S TO COCi2CI ~lilL` ~LlC.1 COCiC~lCI0I1 `.~~Itl1 ~Z'?aCCi ;t~ pqCiIORJ O:C i}1Z
~ ~~.i~or: ~:vhich i~re eu~5id~ ille i remise~ Un~ :,o~ oih~r-~vise Izasec~.
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~ ARTICLE VII - CONSTRUCTION OF STRUCTURES
AND IyIPROVEMENTS ON THE PREMISES
7.1 LESSEE's Improvements.
LESSEE mav construct improvements rel~ited to the s~ibleasin~~ ailci development of
the Premises as contenlplated b~~ this Lease, provided:
a. All proposed construction shall contornl to the scheme contained in
the Airport master plan; and
b. LESSEE is not in default in the performance ot~anv of the terms of
this Lease.
7.2 LESSOR's Approval.
LESSEE shall notify LESSOR in ~vritin~ of its intention to construct improvements
on the Premises. The ~vritten notice shall specify the location of the improvements toaether ~vith a
detailed site plan and (if available) architectural plans, specifications and other relevant
documentation. Additionally, the written notice ~vill set forth the particular infrastructure needs of
the improvements, includin~ but not limited to ~vater, electric, fire protection, transportation,
~vastewater, and other utilities. These documents shall be submitted to the Airport vlanaQer and such
, other officials as LESSOR may desi~nate. LESSOR ac!:no~vledaes the necessity for e~pedited
review of all plans submitted by LESSEE to LESSOR pertaininQ to the development of the Premises
in order to avoid LESSEE losin~ potential subleases due to time delav, and aQrees to use its best
efforts to accomplish such e~pedited revie~v of tne plans. If LESSOR rejects the proposed
improvements, LESSOR shall ~ive detailed reasons therefor and will use its best efforts io provide
recommended revisions for acceptance. IfLESSOR Qives its acceptance, such accepiance shall ~e
subject to LESSEE's compliance ~vith Part 77 of the FAA Re~ulations, as thev mav be amended.
LESSOR may refuse to permit the construction or installation of anv improvement if the tvpe ot~
construction or installation or the location of such improvement (1) does not meet LESSOR's
reasonable and la~vfiil requirements for safe use of the Airport, (2) does not compl~~ ~vith the
LESSOR's buildin~ codes, la~vs or other re~ulations, (3) dozs not conform to the applicable laws oi
the United States or the State of Arizona, or (1) does not conform to the applicable re~?uiations oi
the F,~~A. Follo~vinv approval of such improvements, LESSEE shall obtain the necessar. pern:its
and proceed ~vith approval and construction as se~ forth in the LLSSOR's applicable 1eve;o~ment
codes. LESSEE sizall have the ri~?ht to make majcr alteration~ and mcdiiications in , n~~ ~t:il~iin~s.
strticttires or other imqrovements now~ or herzaiter constrticted or installed in or on ihe P~e~?~ises.
subject to the provisions of this para~raph. Iten~s or normai ,epair znc maintenanc~ a~;d ~minor
alterations and mociitications constr~icted at a cost under ten tilousand doilars 10,000.00) ne~d nc~
be stibcnitted to LESSOP~ for approvaI un'less rzquired bv anplicabie develooment or builCin~1 codes.
In tflz eveat LESSOR is unaole to provide su'trlcie~~ pec5onnel (eithe: in-:~o~ise starf
~ or outside consu(tants to L~SSOP~) to revie~~v the plans ~~cithin il~~ time Gesired b~~ LESS~E. LE~Sc~
C11~1~' ~1~~[ IC D~l~' [Il~ C~:]S011ab~~ CUJts incurred bv L~.~C~~ i0 ;~L;llll JLl~il ~J[1SLl([~:IllS Ot' CC1~~:" ~.\~~CCi~
~?S LC~~i~(~~ Rl~l~' CZ.?SOIl~1D~Y i~~~I11 11~C;~~SJ~11"~' CO C~`.~iZ`.v 7llZ ~~~1115 i~Il u~`.1Ll~i t): ~`~.'J~i~f~,. ~cC'.1L15~ J.C
`~i~S(C: ~CCCIi~pfT7C:tt L:: ~5e ~\"rC~:t:C:ti
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~ LESSEE's liabilitv for the cons~iltant's tees, anv consuliants ~inde; this para~raph shall be selected
by the a~~reement of both LESSOR and LESSEE. LESSOR and LESSEE shail diliQentiv select
consultants followin~J a reqtiest by LESSEE hereunder. 'LESSEE ackno~vledges that ~he consultants'
recommendations ~vill be subject to revie~v and revision by LESSOR's staft and tllat LESSOR shali
not be bound by a~1v of the constiltants' recommendations unless approved 'b~- LESSOR's governina
body or other board or person having final approval ri~~hts ~vith respect to the plans. LESSOR's non-
liability for a consultant's fees hereunder shall be unconditional and LESSEE shall indemnifv and
hold LESSOR harmless from anv claims relatin~ to such fees.
7.3 No ObliQation for Leasehold Improvements.
LESSOR shall have no obli~~ation to pay for the cost of constrtiction of ieasehold
improvements in connection ~vith subleases of the Premises.
7.4 No Liens.
LESSEE shall not permit anv mechanic's lien to be filed aaainst the Premises or the
improvements located on the Premises by reason of ~vork, labor, services, or materials supplied or
claimed to have been supplied, ~vhether before or aiter the commencemeat of this Lease. If anv
mechanic's lien is at anv time filed a~ainst the Premises or any improvement on the Premises,
LESSEE shall, as soony as possible after notice of the filina of the lien, cause such lien to be
discharaed of record bv payment, deposit, bond; order of a court of competent jurisdiction, or
• other~vise. If LESSEE fails to discharQe the lien in a reasonable time, LESSOR may discharae such
lien ~vith LESSEE's approval or after a final judament is rendered either bv pav~inQ the amount
claimed to be due or by procuring the discharQe of such lien by deposit or by bondina proceedinvs.
If a foreclosure action initiated by a lienor results in a final judament in its favor, the LESSOR may,
ai its sole option, pay the fiill amount of such final judament. Anv amount paid or expended by
~LESSOR, incltidinU but not limited to costs and reasonable attornev's fees for anv o'r such purposes,
~vith interest at ttivelve percent (12%) per annum from the date.of oavment, shall be repaid b~
LESSEE to LESSOR on demand. LESSOR's options under this para`7raph shall be in addition to
any other ri`zht or remedv LESSOR mav have.
7.~ Consent to Rerzioval.
No buildina, strticture or othe; improvement instaileci. ~onstructed, erecteci or Dlaced
by LESSEE on the Premises sha(1 be removed from the Premises witizout ihe prior ~~rritten consenz
of LESSOP~, ~vllich sh~~11 not be tinreasonab(v ~vithllela.
%.6 ~o Obli~ation ~ or ?uL~iic '~irnor: rac~iities.
Nut~vithstandini7 anvthin~ in this Lease tc the contrarv, neitil~r L~.SScE nor its
permitred subless::es sh~111 have ai~v resnonsibilitv or obii«ation for tllt construction. installation or
maintenanc:e of the Public Air~ort Facili[ies.
•
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L
• ARTICLE VIII - ENVIRONYIENTAL PROVISIONS
LESSEE shall, at LESSEE's o~vn expense, comply with a11 present and hereinafter
enacted Em~ironmental La~vs, and any amendments thereto, aoplicable to LESSEE's operation on
the Premises.
8.1 Definitions.
a. "Em-ironmental La~vs" means anv one or all of the follo~vin<? as the
same are amended from time to time: tlie Comprehensive
Environmental Response, Compensation, and Liability Act, U.S.C.
Section 9601 et seq.; the Resource Conservation and Recoverv Act.
~2 U.S.C. Section 6941 et seq.; the Toxic Substances Control Act, 1~
U.S.C. Section 2601 et seq.; the Safe Drinkin~ ~Vater Act, ~2 U.S.C.
Section 300h et seq.; the Clean Water Act, 33 U.S.C. Section 12~ 1 et
~~eq.; the Clean Air Act, 42 U.S.C. Section 7401 et .seq; the Arizona
Environmental Quality Act, A.R.S. Section ~}9-?Ol et se~.; the
Arizona Hazardous Waste tilanaaement Act, A.R.S. Section 49-921
et seq.; and the Arizona UnderQround StoraQe Tank ReQulation
statute, A.R.S. Section 49-1001 er seq.; and the reaulations
promulQated thereunder and any other laws, revulations and
ordinances (~vhether enacted bv the local, state or federal aovernment)
• now in effect or hereinafter enacted that deal with the regulation or
protection of the environment, includinQ the ambient air; ~round
~vater, surface water, and land use, includinQ sub-strata land.
b. The term "hazardous material" includes:
i. Those substances included w~ithin the detinitions ofhazardous
substance, hazardous material, toxic substance, reaulated
substance, or solid ~vaste in the Comprehensive
Environmental Response, Compensation and Liability :Act, ~2
U.S.C. Section 9601 e~t seq., the Resource Conservatior. and
Recovery ~ci, =~2 U.S.C. ~ection b901 et sec~.: anci tne
I-iazardous Nlate:ials T'ransponation ~.ct, 49 ~.S,C. Section
1801 et seq. and the realilations promul~~ated t'_nere~to:
ii. Those substances included ~vithin :he definitions oi hazardou~
substance, poliu~ant. ~oxic ~ol'lutunz. ~e~~~~_ilated ~uoscanc~.
i~azardous or soiid ~vas~e in ihe Arizona Ln~~ironm.en~a~
~~~ualit~~ ~~ci. .~.R.J. ~zction '9-~'0l el.s~c~y.; ii:c(t~din~%, but noi
Iimitecl to. the ~~~ater Quaiitv :~ssurance RevolvinU t=~mei
sta[ute. _=~.R.S. Szctiun ~'9-701 et sec~., and the L'nder~?round
~ Storn~_=e Tanl: Re~~~il~l~ion ~t~ ~u~~. ~,.R.S. S~ction ~-:9- i 001 er
s~ u.:
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~ iii. Those substances listed in the United States Department of
Transportation "I'able (=~9 D.F.R. Sec~ion 17?.101 and
amendments thereto) or bv the Environmental Protection
:-~~~encv as hazardous stibstances (40 C.F.P~. part 302 and
amendments thereto); and.
iv. .=~11 substances, materials and ~vastes that a1-e, or that become.
re~~ulated tinder, or that are classified as hazardous or toxic
under any em-ironmental la~v.
c. The term "release" shall mean anv releasinU, spillin~?, leakina,
pumpin`, pourin~?, emittiny, emptying, dischar~?inv, injectin~?.
escapin~, leachinQ, disposin~, or dtimpin~,.
8.2 Compliance.
8.2.1 LESSEE shall not cause any hazardous material to be used.
generated, manufactured, produced, stored, brouUht upon, or re~eased,
on, under, or about the Premises, o: transported to and from the
Premises, by LESSEE, its aftiliated entities, o~vners, aQents,
employees, contractors, invitees, sublessees or a third party in
violation of any Environmental Law, and shall use its reasonable best
, efforts to prevent any such occurrence. LESSEE shall indemnifv,
defend and hold harmless LESSOR, its successors and assiQns, its
employees; agents and attornevs from and aQainst any and all liability,
loss, clamaQe, e;cpense, penalties and leQal and investi~atior. fees or
costs, arisina from or related to anv claim or action for injury,
liabilitv, breach oi ~varrant,~ or representation or damaQe to persons
or property and any other claims or actions brouaht by any person,
entity or Qovernmentai body, alievin`~ or arisin~ in connection with
contamination ot; or adverse effects on, the environment or violation
oF anv Environmental La~v or other statute, ordinance, rule,
reyulation, jud17ment or order of any ~`overnment or judicial entitv
~vhicll are incurred or assessed as a result (~vhether in part or in
~vhole) ot any activity or operation on or dischar~?e from the Premises
durin~ the term of this Lease bv LESSEE or its o~vners o, relat:.d
eiztities. This obli~?ation includes but is noi limitec't to a1~ costs an~
expenses related to cleanin~ t~p tlie Pc-emises, iand, soil. t~rider~?~otind
or stirface ~~a~er as requireci tinder :he 1•a~v. LESS ~E'~ o~iiaaticns ane
iiabilities uncier this ?ara~raph sha11 continue sc, lon~ a~ ~.~'SSCR
bears any liabilitv er ~espon~ibilit~- uncier the Enviroiunzntai La~vs ior
an~ action that occurred on tht Premises durin~r ihe term or this
Lease. This indemnifcation of LESSOI'~ bv LESSLE includes.
~ ~~~ithout limitation. costs incurred in connection ~~~ith ~~nv im~esti~~atior,
ul~ s~te condition~ or anv ciea~7up. rei~~~~ii~~i. remo~ ~i or ~e5tora~ior~
,
~~vori: required bv an~, tz~e:a~. stztz or local ~~o~~ernnlentai ~,~,~~:~c~~ or
~l:ut~; Dc~:clur,:~i~nc L~:ii~ .~._~~~;n~:~:
P~:=? 1 oi~ ~o
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~ D~
~ J ~ V
~ political subdivision. The parties a~7ree that LESSOR`s ri~ht to
enforce LESSEE's promise to indemnifti~ is not i:ESSOR's sole
remedv for LESSEE's violation ot~ anv provision of this Para~raph;
LESSOR shall also have the ri~>hts set forth in Para`~raph 8.3 in
addition to all other riQh~s and remedies pro~~ided b~ la~v or other~vise
provided in ihis Lease. Not~vithstandin~, the foreQoin~~, nothin~~
contained in this Paraaraph 8.2 shall obli~ate LESSEE to indemnify,
defend or hold LESSOR harmless from the res~ifts of anv ne~ ligence
or ~vilful miscondtict by LESSOR or its agents, nor to ~vaive any le~7a1
ri~ht or remedv LESSEE miUht have aQainst LESSOR bv reason
thereof.
8.2.2 `Vithout limitin~J the fore~~oinv, it~ the presence of any hazardous
material on, under or about the Premises caused or permitted by
LESSEE in violation of this Lease results in anv contamination of the
Premises, LESSEE shall promptly take all actions at its sole cost and
e~pense as are necessary to reiurn the Premises to the condition
existing prior to the introduction oi anv such hazardous material to
the Premises; provided that LESSOR's approval of such actions shall
first be obtained, which approval shall not be unreasonabl~ witnheld
so lon~ as such actions would not potentially have anv material
adverse lona-term effect on the Premises.
• 8.2.3 LESSEE shall, at LESSEE's o~vn cost and ex ense, make all
P .
submissions to, provide all information to, and complv ~vith all
requirements of the appropriate governmental authority (the
"Government") under the Environmental La~~-s pertainin~ to
LESSEE's operation on the Premises. Should the Governrrient
determine that a site characterization, site assessment and/or a
cleanup plan be prepared or that a cleanup should be undertaken
because o~ anv spills or discharUes ot~ hazardous materials at the
Premises during the term of this Lease ~vhich are caused b~ LESSEE
or a sublessee, licensee or invitee, then LESSEE shall, at LESSEE's
o~vn cost and espense, prepare and submit the required plans and
financial assurances, and car~y out the approved plans. ~t no cost or
e~pense to LESSOR. LESSEE shall promptiy provide all inrormation
reasonablv requested bv LESSOR to derermine tl~e anolicabiiit~ of the
Environmen~al La~~s to the Fremises, or tc ~esnond ~c an~-
«overnmental investi~?ation or to re5nond ~to ar.~,~ ciaim o:`~1_ia~~litv bt~
ihird oarties ~vhich relates to environmenta! c~ntamii~aticn.
S?.4 LESSEE shall immedia~elv notih L~.SSOC'~ of an o~ the foilo~vin«:
(a) an~~ correspondznce or communication trom ~ln~~ ~~ove-amentai
entitv re~rardin« thz apolicn[ion oT Lnvironi~7c~,tal La~~vS to the
PremtSes or LESSEc ~ operano~i ~i1 th~ Premi~es. ai~c~ ( bl an~. c;~~an~Je
~ ~ • . -
l11 L ES~~L'~ O~ei;1L10[1 U[1 i~?c' ~:'c1111S~J Ill~lC itl C;,~111'?~' i.)i' }l~?S illc'_
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. potential to chan~ze LESSEE's or LESSOR's obli~7ations or (iabilities
under the Em~ironmental Laws.
3.2.~ LESSEE shall make the provisions ot~ this Pnra~7raph 8.2 bindin~
upon the other partv~ in any sublease a,reement or contract bv ~vhich
it arants a rigf7t or privile~e to any pe:son, tirm or corporation under
this Lease.
~.3 Remedies.
LESSEE's material fzilure to comply ~vith any ot~the requirements and obliaations
of Paravraph 8.2 or applicable Environmental La~v shall constitute a default of this Lease and shall
permit LESSOR to pursue the follo~vin~ remedies, in addition to all other ri~hts and remedies
provided bv la«~ or otherwise provided in the Lease, to ~vhich LESSOR mav resort cumulatively, or
in the alternative:
a. LESSOR may, at LESSOR's election, and upon ten (10) days ~vritten
notice to LESSEE, make nayments required of LESSEE under this
ParaQraph 8 or perform LESSEE's obliQations uncier this ParaQraph
and be reimbursed by LESSEE for the cost thereof, unless such
payment is made or obligation performed by LESSEE within such ten
(10) day period.
• b. LESSOR mav, at LESSOR's election, and u on ten 10 davs ~«-itten
- P ~ ) .
notice to LESSEE, terminate this Lease, unless, ~vithin such ten (10)
day period, LESSEE cures the default or, if the deiauit is one ~vhich
cannot reasonably be cured in that time, commences such cure and
thereafter dili~ently pursues it. Upon LESSOR's termination,
LESSOR silall be entitled to recover from LESSEE dama~es equal to
the present value oT ~he total amotint by which all Rent and Fuei
Flowa`e Fees durin`J the balance of the Lease term e~ceeds the
amount of loss of such items that LESSEE pro~~es could have been
reasonablv avoided bv LESSOR.
c. Not~vithstandin~? anv other provision in this Lease to the con~rar~,
LESSOR shall have thz ri~?ht of"self-:~elp" or simii.ar ~emedv in order
r.o minimize anv dama~?e~, expenses, qenaities an~ reiat~d iees o~
costs, arisina irom or reiated to a~~iolation ot in,: ironr~~ntal ~a~:~ on.
under or about the ?remises.
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• ARTICLE IX - PUBLIC UTILITIES
9.1 Pavmeiit.
LESSEE sllall pay or catise its permitted sublessees to pay for all ptiblic utility
services supplied to it on tlle Premises, includin~7 electricitv, `,as, ~vater and se~.vay~e service.
9.? Repair.
LESSOR retains the ri`jht to use anv utility lines current'lv located or, the : remises
and shall have the riaht and dutv to repair the same ~vhen necessarv. LESSEE snall not be required
to pay the cost of repairin~? currentlv existing titilities. Utilitv repairs shall be done on a priorit~~ basis
and shall not unreasonablv interfere ~vith LESSEE's operations.
9.3 Provision of Utilities.
LESSOR shall take all actions necessary to obtain as promptly as possible whatever
outside fiindina may be available to pay for the cost of creatin`~ all litility corridors necessary to
maximize the value of the Premises and cover the cost of brin~ina utilities to the Premises. Without
limitinQ the foreQoin~. LESSOR shall pav the cost of extendinU electricitv and ~vater lines alona ihe
western side of the existing taYiwav alonv the 20 foot utility corridor iclentified in the le~al
description of the Premises and shall provide a water supply to "LESSEE and to other ~vater users on
, the Premises sufficient to allo~v tulfillment of the development and subleasin~ purposes
contemplated by this Lease. LESSOR shall bear the cost of the maintenance of the water supply
system. LESSOR mav, at its sole option and e~pense, install a~vater meter and charQe LESSEE for
the ~vater at commercial rates prevailina in the communitv for similarly situated ~vater users. Linless
aovernmental fundinQ for such purpose is available as provided in ParaQraph 4.7, LESSEE shail, at
no cost or expense to LESSOR, provicle all public utilitv and se~va~e connections within the
Premises ~vhich are needed tor buildinvs, structures and other improvements construc~ec on the
Premises bv LESSEE or its stiblessees.
9.1 RiUhts of Wav.
It requested to do so bv LESSEE, LESSOR shall ~yrant reasonable ri~?hts-of-~~~av on
or across the Airport to public utility companies for the purpose of supplying LESSEE ~,vith utilities,
but LESSOR reserves the riUht to desiUnate the location of such riQhts-ot-~vav.
•
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~ ARTICLE Y - NI ~INTENANCE
10.1 LESSEE's ObliQations.
LESSEE shall retain tlie titie to all improvements made bv LESSEE on the Premises
until such time as the title thereto transfers to i_ESSOR pLirstiant to Para~7raoll 18.=~ be(o~i~. LESSEE
shall keep and maintain all improvements on the Premises to ~vhich LESSEE has title in a c?ean,
Qood, safe and usable condition, and shall promptly commence ana continue ~vith reasonable due
dili~7ence to repair any damave or defects.
10.2 LESSOR's Obli~ations.
LESSOR shall keep and maintain in good condition and repair in
compliance with FA.~1 Reaulations, other applicable Federal and State 1aw~ and re~ulations
and LESSOR's approved maintenance plan, all Public Airport Facilities as wefl as any non-oublic
improvements to which LESSOR has title.
10.3 Notice bv LESSEE.
Upon discovery, LESSEE shall immediately notify LESSOR of anv ~irpo~t propert~~
in need of maintenance and repair. ~irport propeny o~vned by LESSOR shall. be repaired on a
priority basis if it adversely affects LESSEE's operation; other~vise, such repairs and maintenance
• shall be done within a reasonable time.
10.4 Inspection b,v LESSOR.
The condition ofthe Airport, LESSEE's operation, and the Premises shall be subject
to inspection at anv time bv LESSOR ~vith reasonable frequency and at reasonable times on no less
than twentv-four (2~) hours advance notice unless such notice is not feasibie due to an emerQencv.
ARTI~LE YI - ~'A`XES
LESSEE shall pay betore delinquent any and all applicab'te ta~es levieC or assessed.
by any ~overnment bodv as a result of LESSEE's operations and includin~? but not limited to al!
rental taxes ~vhich mav be levied or assessed a<?ainst LESSOR and/or LLSSEE. as pro~ ided b~ ihe
v[arana Tax Code.
ARTICLE YII - RliLES _~.ND RE~tiL.~.TIOtiS
1?.l LESSOR's ReUulations.
L~~S~ t. St1311 i~~~erve and obe~- a!i an~Iica~~C iL1lcS ~1ri~ '':,~?Ll!;1[iOC1S ~VhiCh I1~1"e Ce~p.
'Ji' CI1~1V lIl C~1e l`~l1CUie OC' ~C~ODf~:j ~J~' ~CCSOh: ~CO~'1(~~(i. 110~~'~`+'c'i, 1111t ~L!Ci1 iLl~eS ~1fiC! CZ'-?L11~liI0i'.~ ~il~?~1.
bt C;OI1SlSie:1[ `,Vltll CLI~eS. C22111aC10115 ~l(1(j OCG3Zr5 OT I~le ~r~ ~?Il~l ~~'Iil1 i~1Z DCO~'!Si0[ZS OI i~115 L~~?S~.
~ In addition LESSEE sfl~all compiv ~vith the folio~vin« stand~ird c_A.-~ ieasc pro~~isions lis~~zd in
!'ara~rrar~hs 1%.? tl~rou«h 1?. ~ 7 beio~~v.
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~ 1?. % Department of Transportation iZe~~ulations.
It~ facilities are constructed, maintained, or other~vise operated on the Premises for a
purpose for ~vhich a Department of Transportation proUram or activin- is e~tended or for another
purpose involvinv the provisioil of similar services or benetits, LESSEE shall m~intain and operate
stich facilities and services in compliance ~vith all other reqiiirements imposed pursuant to Title 49,
Code of Federal Re~ulations, Department ofTransportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination in Federallv Assisted Programs of the Deparment of 1 ransportation
Effect~iation ot Title VI ot~the Civil.Ri`Pubs Act ot~ 1964, as mav be amended from time to time.
12.~ Non-Discrimination.
LESSEE, its successors in interest and assiy7ns, do llerebv covennnt and aaree that (1)
no person on the ~rounds of race, cofor, or national ori~in shall be excfuded trom participation in,
denied the benetits of, or be otherwise subjected to discrimination in the use ofthe Airport facilities
on the Premises, (2) that in the construction of any improvements on, over, or under the Premises
and the furnishin~ of services thereon, no person on the arounds of race, color, physical disability
or national oriQin shall be e~cluded from participation in, denied ihe benefits of, or other~vise be
subject to discrimination, (3) that the LESSEE shall use the Premises in compliance ~vith all other
requirements imposed by or pursuant to Title 49, Code of Federal ReQulations, Department of
Transportation, Subtitle A, Oftice of the Secretary, Part 21, Nondiscrimination in Federally ~ssisted
Pro~rams of the Department of Transportation Effectuation of Title VI o~ the Civil RiQhts Act of
• 196a, as may be amended from time to time. y
12.4 Fairness.
LESSEE shall furnish its accommedations and services on a fair, equal anct not
tinjustly discriminatorv basis to all users thereof.
12.~ ~pplicable to Other Aareements.
LESSEE shall insert Para~7raphs 12.2, 12.3, and 12.=~ in anv rental a~~reement, Sub-
opzrator's a~,re~ment and the like, bv ~vhich LESSEE gran[s a ri~?ht or privile`?e to anv pe:son, iirm
or corporation to render accommodations or services to the public on the Premises.
1?.6 Affirmative Action.
LESSEE shall undertal:e an afiirmative action proUram a~ re~uired b~- i=~ C.r..R. ~ar~
I~2, Subpart E, to insure thac no persor. shali on the gro!inds of race, cre~d, ;;olo~. n•aiienal. ori~in,
or sex oe excluded from participatin<z in anv emplo~~ment activities co~ered ii~ 1= Cr ~ P~;: i~2;
Subpart E. LESS~E covenants illat no per5or., shall be e~cil.ded on t17e~e ~,_r~~,nds trom ~articipatin~~
in or rece;vin~J the ~er~ ice~ or bznetits of anv proUrarn or activi~v covere;i b~- ihis nrovisie~?. LESSEc
5~1~1~~ re'1L11Ce iTS SL1L~uC'?-?rilZ7[IOT1S_ SLI~IZSS~:.S, d~?ZIl(5. ~I1C1 eli~~~Ov~~S pCO~ !Ciz ~ SSi1C7111::.~ CO L'IGJJ~.G
t11•~ t tl~e~- ~imilarl~~ ~i1ai1 undertakz afiirmative a~tion pro«rams and t11a~ ti~e~:~ ~~llall re~i,uire _~ss~irance~
• il"OR7 IIlC:IC Sil~l)['`?;l[117_~l[1UC15. ~l~ :c;QU1C~i.i ~0~` 1~~. ~'rt t~~1C: i 1,. ~IIGG~lI"~ i. ~_U [~i~,' 5:111:C', .',ii.'.CI.
~ias;cr Devclupment i_~ :~c :\_rc; n;rn;
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• 12.7 ~1on-Compliance.
If a complaint is lodUed alle~ing non-compliance by LESSEE ~vith Paragraphs 122,
12.3, or 12.~ of this Article and an investi~~ation and determination of non-compliance is made bv
a proper auchoritv, LESSEE shall have a reasonable time but not less than thim~ (30) days to complv
after receipt of ~vritten notice of such non-compliance trom LESSOR. Failure bv LESSEE to cure
the non-compliance shall constitute a material breach of this Lease and LESSOR shall have the riQ?zt
to terminate this Lease and the estate herebv created in accordance ~vith ARTICLE XVI, at tLe
election of LESSOR. LESSOR may enforce Para~?raphs 12?, 12.3, and 12.=~ of this Articie throu~h
court action or anv other le~al remedy in lieu of termination. y
12.8 Future Development.
LESSOR reserves the ri~ht to further develop or improve the air navi~ation facilirv
and the landinQ and apron areas for the Airport in coordination ~vit11 the FAA for further aro~vth and
development. LESSOR shall use its best efforts to do so ~vithout interferinQ ~vith or hinderinU
LESSEE's operation. LESSEE shall not be required to bear any of the cost or e~pense of
construction and maintenance of such improvements.
12.9 Future Construction.
LESSEE aQrees to comply ~vith the notification and revie~v requirements covered in
• Part 77 of the Federal Aviation Re~ulations in the event fiiture construction of a buildina is planned
for the leased premises, or in the event of any planned modification or alteration of anv present or
future buildinQ or structure situation on the leased premises.
12.10 Elevation Restriction.
LESSEE, by acceptinU this Lease, expressly a~rees for itself, its successors and
assi<~ns thac it will not erect nor permit the erection o'r any structure or object. nor pe:-mit the ffrotivrth
of any tree on the land leased hereunder aoove the permitted mean sea ~evel elevation. In ihe even~
the aforesaid covenant is breached, the LESSOR reserves the r;gi~t to ente; upon the ianu seasec
heretinder and to remove the offending structure or object and cut ihe otfendin~~ tre~, all oi tivhich
shall be at the e~pense of the LESSEE.
12.1 1 Subordination to Federal .~~reements.
This Lease shall be subordinate to the provisions and requirements of anv e~cistin`7
or future a~~reemtnt bet«-een LESSOR and the Unite~ States or its a`zencies an~ c;eoar:m~~~;7[s reiative
to the cievelopment, operation or maintenance of the Air~ort.
~
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~ 12.12 No E~clusive Ri<1ht.
Nothing in this Lease shall be constrtied to arant or authorize the ~rantin~ of an
e~clusive ri~ht ~vithin the meanin~ of Section 308(a) of the Federal Aviation Act of ~ 9~8 U.S.C.
~ 13~9), as amended.
12.li .App]icable to Subleases.
LESSEE shall insert the relev~nt provisions oi this Article 1% in anv a~reement or
contract by which it arants a ri~ht or privile~e to an_y person, firm or corporation uncier a sublease.
12.1 Compliance with Aviation Re~ulations.
LESSEE shall conduct its operations and activities on the Airport in compliance witn
all applicable re~ulations of the FAA and the Arizona Department of Aeronautics.
ARTICLE XIII - SUPERIOR RIGHTS
U.l Preemption by U.S.
During time of war or national emer~encv, LESSOR may enter into aareements ~vith
the United States Government for use of part or all of the Airport. LESSOR will coordinate anv such
• a`reement which affects LESSEE's operation ~vith LESSEE in advance to the e~tent feasible. If anv
such a~?reement is e~cecuted by LESSOR, the provisions of this Lease, insofar as thev are inconsistent
with the provisions of anv aareement made bv LESSOR with the United Stales Government shall
be superceded, and LESSEE shall have no claim aQainst LESSOR for any loss or damaae sustained
by LESSEE because of the makinU of such aUreement bv LESSOR.
132 Disclaimer.
Tl~e parties shall not be required to repair, replace, rebuiid or construct anv buildinU
or portion of any buildina so lon~ as the obii~~ated partv is prevented from so doin~ bv aciion oi the
United Siates Government. ~
~RTICLE `CIV - RESERV~~'ION OF EASE~IEN'I'
1=~.1 LESSOR's Reservation ot~Ri17hts.
LESSOR hereby reserves for the use and oenefit oi aircrat~ usin« the :~irpo~ a r~~h~i
of tli~?ht tor the passa~e of aireran in tlle airspace above the ~ippermosi level or tiie cons~truction or~
ti:e ?remises, to~~ether ~~v~ith ?he ri~?!it to cati~~ ~uch ncise as ma~~ be inileren~~: i.ii tl,e o~eration ot
;11iC;~.1tY 110~ti" ~ilO~Vt1 OC ~1~I':.:11C~." USi:C~. I0~ T1iiV1~?Z[l.Ori Oi OC fli~?~1: il1 tlll', c11i t1Sili`_ S~l:l~ 7:iiS~~1C~. OC
~~Ii.iCIIII~? c'1[. OC I~1~iI1~? OtL ITOIll. (~I' Ou~:"~1t1I1S Ol1 _~iIj~Or~.
•
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• 1 ~.2 No Obstruction.
LESSEE shall not make use ofthe Premises in anv manner ~vhich mi~?ht interfere tivith
the landin~ and takin~~ oft~ of aircraft from the Airport or otherwise constittite a hazard. If this
provision is violated, LESSEE shall immediatelv remedy the sittiation tipon reasonable notice bv
LESSOR. If LESSEE does not immediatelv remedy the hazard, LESSOR mav at its option enter
upon the Premises and abate the hazard at the e~pense of LESSEE. This para~~raph shall not apply
to improvements constructed ~vith LESSOR's approval under Para~raph 72.
ARTICLE Y'~ - ASSI~~I~I~N~'
1 ~.1 LESSOR's Conseni.
LESSEE shall not assi~n, sell, transfer, mortaage or pledge This Lease or any interest
in it without first obtainin~ written consent from LESSOR, ~vhich consent shall not be unreasonablv
withheld. LESSEE arantinQ to a lender a security interest in the proceeds of a sublease or in
buiidin~s or other improvements constructed for a sublessee in order to finance the cost of such
construction shall not constitute an assianment prohibited hereby. Any chanye in principal
ownership or control of LESSEE, eYCept if due to the death or disabilitv of a shareholder or made
Ior estate planninQ or testamentary purposes, shall be considered an assianment of riahts under this
Lease. Anv assignment oi this Lease by LESSEE shall be upon the followinQ conditions:
~ a. Any assiQnment of this lease shall be in w7itin~, sianed by all Parties
to this Lease, and siQned by the assi~~nee. y ~
b. ~ny assivnment of this Lease shall provide that the assignee assumes
and aQrees to perfornl all of the terms, covenants and aareements
~vhich LESSEE has aareed to perform under this Lease.~Provided
LESSOR approves the assiQnee's financial and operative capabilities,
LESSOR shall enter into a new a~reement (novation) ~vith LESSEE's
assi`~nee. LESSOR's approval for such novation shall not be
unreasonably ~vithheld or delaved. LESSOR shall thereafter re'tv
solelv on the assi,nee, and LESSEE shall have no fiirther liabilitv te
LESSOR under this Lease e~ccept with respect to environmental_
inaemnitlcations for re:eases ~vhich occurred pnor to the assi~nmeni.
~bsent a novation. the assi~nee shall become jointly and severallv~
liable ~vith LESSEE or anv successor in interest o~ i,ESSE~ ior the
perforn7ance of the terms anci covenants of this Leas~.
1 Cor.ioliance with Requirements.
Anv~ assi~?nment or tra.nsfer ~vilatsoever o_r p1e:i~-re or mort~,a~,e made contrar~~ to thz
iecros o.'r ihis artic~e shall 'oe void.
•
.
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~ ARTICLE XVI - TERYIIN~TION BY LESSOR
16.1 Default by LESSEE.
If LESSEE defaults in the payment of any sums due LESSOR tlnder this Lease.
defaults by the noilperformance of some other obliQation set forth in this Lease, or if one of the
events of default set forth in Para~raph 16.2 belo~v takes place, LESSEE shall have thirty (30) davs
after written notice is served in accordance ~vith Article XX to cure or remedv the defauli. If
LESSEE fails to cure or remedv the default ~vithin thirty (30) days after such notice has been served,
or, in the event such default cannot reasonably be remedied ~vithin stich thirty (30) day period, to
commence such remedy within such period and diliQently pursue it thereafter, LESSOR may, at its
option, and ~vithout prejudice to any other ri`ht or remedy, terminate this Le~se and reco~. er
possession of the Premises by summary proceeciinas.
16.2 Additional Defaults.
In addition to the events of default mentioned above, anv of the followin~? shall also
constitute an event of default hereunder: v
a. The makinQ by LESSEE of any aeneral assiQnment, or ~~eneral
arran~ement for the benetit of creditors; `
• b. ~ The tiling by or against i.ESSEE of a petition to nave LESSEE
adjudQed a bankrupi or a petition for reor~anization or arran~ement
under any law relating to bankruptcy unless the same is dismisseC
within sixty (60) days;
c. The appointment o~ a trustee or receiver to take possession of
stibstantially all of LESSEE's assets located at the Premises, or of
LESSEE's interest in this Lease, where possession is not restored to
LESSEE within thirty (30) days; or
d. The attachment. execuiion. ~r other iudicia: seiztire o~ st.bstantialiy
all oi LESSEE's assets iocated at the Premises. o: oi LESSEE's
interest in this i,ease, where suci~ seizure is not discharQea ~~~itlun
thirty (30) days.
16. ~ No Waiver.
No ~~ai~er bv LESSOR of a default in am ot~the terms, covenants or condiiions o~
thi~ Lease sha11. be construed to be or act as a~~-aiver oi any subseGuen~ detault.
16.a ~'~zmedies C~!mulative.
~ .A1! C2,11~;j1ZS ~?rC1IlIZCi i0 ~~~5~~~~ Lli'iC1~: Ii`11~ .y[-iiC~~ QCe CllII1~1;L1Ci~%~ 1111~: ~1I': lI1''tiCjl~iOii
~:o anv ot,1~r ri~r!lts LESSuCZ mav l7ave as a matter ot :a~:~.
11;~stcr Devc!npincnt Lc;u~ :A_rcc;ncnt
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~ AR'~'ICLE XVII - TER~IINATION B1' L~ESSEE
17.1 Causes.
Without prejudice to any of its other remedies under la~v, or this Lease, LESSEE mav
terminate this A~reement upon thirty (30) davs written notice ~iven in accordance ~vith ARTICLE
XX, upon or after the happenin`~ of or durina the continuation of anv ot~the followinQ events:
a. The inabilitv of LESSEE or its sublessees to use, for a neriod of
ninety (90) ciays, any material portion of t11e Premises or
improvements thereon, because of anv la~v, rule, re~~ulation or other
action or failtire to ac; on the part of anv ~overnmental authoritv
havinU jurisdiction thereof.
b. The material default by LESSOR under this Lease and the failure of
LESSOR to remedy such default for a period of thirty (30) davs afrer
receipt of written request or demand from LESSEE to remedv the
same, or; in the event such default is incapable of being remedied
~vithin such thirty (30) day period, to commence such remedv withir.
sllch period and diliQently pursue it thereafter.
• c. The assumption by the United States Government or any authorized
a~7ency thereof of the operation or control of Airport or any part of it
in a~vav that substantiallv restricts LESS EE for a period of thirty davs
from conductina its operations on the Premises.
d. Discovery of a defect or condition in the Premises, includin~ but not
limited to the presence of hazardous ~vaste or other soil problems,
~vhich could be reasonabl;~ expected to have a material adverse effect
on LESSEE's abilitv to u5e the Prernises for the purposes
contemplated bti this Lease.
17.2 Expiration of Cause.
IY the basis 'r'ortermination by LESSEE ceases to eYisi prior to a ter~iina~tion, the ri~ht
to terminate on such basis shall cease.
1%. ~ Non-Waiver.
~io ~vaiver b~~ LESSEE or a dei~auit in an~- of the rerms. cov~nants or conciitions of
rhis Lea~e shall bc construed to be or aci as a ~~~aive; ot am- subsequent default_
•
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~ 17.4 Remedies Cumulative.
All remedies Uranted to LESSEE under tliis article are cumuiative and are in addition
to any other riUhts LESSEE mav have as a matter of la~v.
ARTICLE XVIII - SURRENDER OF POSSESSION;
CONDITION OF PREI~IISES
18.1 Surrender.
Upon the eYpiration or earlier termination of this Lease, LESSEE shall immediately
surrender the Premises to L.ESSOR.
18.2 Condition.
The Premises shall be rettirned to LESSOR in the same condition as maintained bv
LESSEE durina its operation prior to surrender.
18.3 Removal of Personal Property.
All buildinas, structures and improvements shall be delivered to LESSOR in ~ood
condition, ordinary ~vear and tear excepted. Not later than thirty (30) days after the expiration or
• termination of this Lease, LESSEE shall remove any and all si~ns, trade firnires, machinery and
equipment from the Premises. LESSEE shall repair anv dama~e caused 'by such removal. Upon
failure of LESSEE to remove such personal property within the thirty day pe:iod, LESSOR may at
its option cause the personal property to be removed and charae LESSEE the actual costs of such
removal or take title to the personal propertv.
18.=~ Transfer to LESSOR.
All permanent buildings, structures and improvements constructed, installed, erected
or placed on the Premises by LESSEE or its sublessees to which LESSOR does not alreadv have title
shall automatically become the property of the LESSOR upon the expiration or earlie: termina~ion
of this Lease ~vithout further action on the part of either n~~t-ty, wiihoi~t cost o~- charge to LESSOR.
and ~vithout further conveyance or transfer to LESSOR; provided. ilo~vever, t1~at LESSEc shall, is
re~uested by LESSOR, execute am instrtiments or documents reasonabiv ~eqtlired by T ESSOR to
evidence the vestii~~, of title to stic~~ improvements and prooertv.
•
.\~I.liiCt l7C`:CIU~)171CI1t 1_~:l]C :~._CCC:71C.^,[
Pnn:~ C~iunn~iPin~:~ :Aci,~uun_ Inc ~~l!?~ ~J Ot
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~ ARTICLE XIX - GENER~L PROVISIONS
19.1 Cumulative.
Unless specitically indicated other~vise, no remedy, right, optiozl or eiection set forth
in any provisions of this Lease shall be deemed e~citisive; rather, each shall be cumulative with other
remedies in law or equity. This Lease shall be deemed both a contract bet~veen the Parties and a
declaration of conditions, covenants and restrictions runnin~ with the land for the duration of the
Lease term or am~ estensions ot~ it.
19.? Non-Waiver.
No circumstance in ~vhich LESSOR or LESSEE expressly or impliedlv consents to,
suffers, or permits the doin~ by the other of anv act or omission under this Lease shall be construed
to be or shall be a waiver of any provision or condition of this Lease or shall be consrrued to condone
any filture breaches, unless the provision or condition in question is eYpress(_y w~aived in ti~~ritinQ bv
the waiving party. y ~
19.3 Time of Essence.
Time is of the essence in the performance of a11 terms and conditions of this Lease.
• 19.4 Entire AQreement.
This instrument contains the entire aQreement between the parties, and no s~atement,
promise or inducements made by either part`~ or a~Tent o'r either party that is not contained in this
instrument shall be valid or bindin~.
19.~ Vlodification.
This Lease mav not be enlar~ed, modified or altered e~cept in ~vritin~ bv the parties.
19.6 Abandonment.
If the Premises are abandoned. cleserte;i or vacated'ov LESSEL for !i1i:t1~ i~0; ca4~~
or more, and remain so 'r'or an additional thirty {30) days aiter Lesst~r ~ives ~~iS~ r,o~tic~ t:~-~e.reoi.
LESSOR may, at iis option, ierminate this L~ase and reenter and repossess tile P~emises without
liabilitv to LESSEE.
19.7 Successors and Assi~Jns Bound_
All the terms. covenants and conditions of this Lease shali inure to and bind tiie
successors an~ assiUns ot the narties to this Le~ase.
~ ,_~).S :~:ticie ~-I~adin~~s.
Y11~(C: i~C:'CIU~]f11C~C L~ :SC .-A_fl':::71C:1C
a ,..~i ~ , f : i ~ i'
Puna Caunn~~P~in;i :A~~i.in~~n_ Inc ~ ? -
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• L , ~ I ~
• The article headiny~s in this Lease are for convenience and reterence only and are not
intended to detine or limit the scope ot any prov;sion oi this Lease.
19.9 Severabilitv.
If anv ternl or condition of this Lease is invalid or uneizforceabie, all other terms and
conditions shall remain. in full force and effect.
19.10 Applicable Law.
This Lease shall be ~overned by the laws of the State of Arizona, and any actions to
enforce or interpret the terms and provisions of this Lease shall be brouvht and maintained in Pima
Cotinty, Arizona. ~
19.11 Authoritv.
Each ofthe respective undersiUned si~?natories for LESSEE and LESSOR ~varrant that
they have authority to enter into this Lease for and on behalf of the party for whom they are si~?nin~
and to leQal(v bind such party. y ~
19.12 RecordinQ and Effective Date.
• Upon execution bv all parties, this Lease shall be recordeci in the oftice of the Pima
County Recorder, and the Lease shall be effective on the date recorded.
19.13 Approvals.
Whenever this Lease requires the approval or consent of a part~~, such approval or
consent shall not be unreasonablv ~vithheld or delaved.
ARTICLE YY - NOTICES
20.1 :~ddre5ses.
All notices tinder this Lease shall be in ~vritin~7, and sllall be deemed sufticierstl~ ~er-~~d if
hand delivered or sent b~~ certitied mail, postaUe prepaid, to the recipient at t11e t'ollo~,~in~, address:
If to LESSOR:
:~irport ~Iana`~er
TO~VN Or~ Y[_~R~NA
1 Loi7 :=~clams Road
ti~tarana. Arizona 5~6~~
.
~~1,«, o~•:~~~~~~„~„~
- i'a~~z ? % o~
I':Ill:l LUllfl[~'/~'.tll:l :\`:I:llit111. :Ill; - -
~
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~ Town Ntana~er
TO~VN OF NIARr1N.~
132~ 1 N. Lon Adams Road
vlarana, Arizona 8~6~~
and «-ith a copy to:
Daniel J. Hochuli
Daniel J. Hochuli & Associates, P.C.
Town Attornev
220 E. Wetmore Road. Suite 1 10
Tucson, AZ 8~70~
It~to LESSEE:
Pi~1A AVIATION, INC., c/o Gary Abrams
Avra Valley Airport
Leased Premises Office
11700 W. Avra Valley Road, ~86
Nlarana, Arizona 8~6~3
and ~vith copies to:
~ PIMA AVIATION, INC.
P.O. Box ~367
Tucson, Arizona 8~703
~IARK B. R~VEN, Esq.
La~v Offices of Raven & Kirschner, P.C.
1600 Norwest To~ver
One South Church Avenue
Tucson. Arizona 8~701-1612
20.2 Service.
Sz: ~ ice oT any notice or demand bv hand cieiivery sizall be ciee;,ie~i cempi.e:~ u~on the
date of deliverv. Service of any notice or demar.c~ b~ ce~tiried mail shail be de:me;,: comole« uoo!,.
receipt.
?U. ~ Chan~=e of .=~cidress.
~l[11Z." P~1C[v' R1~1V CI1~lIlU~ lt5 ~1l~Cjt'ZSS IO ~U(:!1 Olll~:' ~?CiCjre~ScS ~l~ ~i!C'i': ,~~ll'i~ iila~~
(~eS1~~I1C1Le CO I~IZ OIhZC 111 ~VCI[lri~? fC0ll7 [iiIl~ TO iliTl~.
• `
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P;ma~our.c~~P;m:~.-~~i,wr.n. inc . ~l~_T:_ i~ J~
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~ IN WI~IESS WHEREOF, the Parties have aftlaecl their signatures belo~v.
LESSEE: LESSOR:
By: Bv:
T'itle: Title:
•
•
-
!>,,m~ ~.iuntt~!I'im.i -A~~i:inun. i;~c -
~
. AVRA VALLEY AIRPORT ANTICIPATED REVENUES TO TOWN OF MA.RANA
62 ACRE PARCEL
YEAR 62 ACRES FLAT RATE REVENUES TO TOWN TOTAL PMT
1 62 $ 294.35 $ 18,250.00 ~ 18,250.00
2 62 $ 294.35 $ 18,250.00 $ 18,250.00
3 62 $ 588.71 $ 36,500.00 ~ 36,500.00
4 62 $ 588.71 $ 36,500.00 $ 36,500.00
5 62 $ 883.06 $ 54,750.00 ~ 54,750.00
6 62 $ 883.06 $ 54,750.00 $ 54,750.00
7 62 $ 1,177.42 $ 73,000.00 $ 73,000.00
8 62 $ 1,177.42 $ 73,000.00 $ 73,000.00
9 62 $ 1,177.42 $ 73,000.00 $ 73,000.00
10 62 $ 1,177.42 $ 73,000.00 $ 73,000.00
11 62 $ 1,177.42 $ 73,000.00 $ 73,000.00
12 62 $ 1,177.42 $ 73,000.00 $ 73,000.00
13 62 $ 1,177.42 $ 73,000.00 ~ 73,000.00
14 62 $ 1,177.42 $ 73,000.00 $ 73,000.00
15 62 $ 1,177.42 $ 73,000.00 $ 73,000.00
16 62 $ 1,766.13 $ 109,500.00 $ 109,500.00
17 62 $ 1,766.13 $ 109,500.00 ~ 109,500.00
~ 18 62 $ 1,766.13 $ 109,500.00 $ 109,500.00
19 62 $ 1,766.13 $ 109,500.00 ~ 109,500.00
20 62 $ 1,766.13 $ 109,500.00 $ 109,500.00
21 62 $ 1,766.13 $ 109,500.00 $ 109,500.00
22 62 $ 1,766.13 $ 109,500.00 $ 109,500.00
23 62 $ 1,766.13 ~ 109,500.00 $ 109,500.00
24 62 $ 1,766.13 $ 109,500.00 $ 109,500.00
25 62 $ 1,766.13 ~ 109,500.00 $ 109,500.00
PLUS 5% ON REVENUES RESULTING FRONI LEASED ACREAGE
~
~ ~ ,
~ TO VV 1V TO VV 1V
COUNCIL OF
MEETING MARANA
INFORMATION
DATE: February 2, 1999
AGENDA ITEM: IX . E
T0: Mayor and Council
FROM: Daniel J. Hoch~ili, Town Attorney
SUBIECT: Resolution No. 99-14 - Entering into a Pre-annexation and Development ~greement with
Union Pacific Railroad.
DISCUSSION:
Attached is a proposed Pre-anneYation and Development Agreement between the Town and
Union Pacific Railroad. This A~reement is being entered into in order to facilitate the
anneYation of three anneYation areas along I-10 which inciude railroad property. This
Agreement is the result of months of negotiations and various drafts, and has been approved by
• your Le;al Department, Planning & Zoning Departments, and Mr. Gear.
Simply put, the Agreement provides as follows:
1. The Town agrees that the railroad has not waived any immunities that it is granted from
our local laws as a result of signing the document. Any rijhts we had to regulate the
railroad (if any) before the A~reement still eYist, but the Agreement does not creaie any
new ones.
2. At the time of anneYation of any one of three parcels, the Town will translate the zoning
from county zone to Marana Zoning R-144 Residential Zone.
3. Immediately following any annexation, the staff will prepare and recommend xo the
Mayor and Council a rezone of the railroad in that area from R-144 to LI Lijht Industrial.
There is no requirement that the zonina be chanaed, just that staff recommend the chan~e.
4. Because ti~e railroad is in imminent need of the chan~e of zoning, the To~vn has agreed to
move a~~ressiveiy with Yhe first of these rezones, which should come before you in about I
a month. ~
~
RECOMIv1ENDATIONS
Staff recommends the Pre-annexation and Deve[o~ment Avreement ~be Adopted.
~ SUGGESTED MOTION:
I move the adoption of Resolution Number 99-14, enierinQ into a°re-annexation and I
~ Developmeni A~reement with LJnion Pacific Railrcad. y ~
'
MARANA RESOLUTION NO. 99-14
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA
ENTERING INTO A PRE-ANNEXATION AND DEVELOPMENT AGREEMENT WITH UNION
PACIFIC RAILROAD COMPANY.
WHEREAS, Union Pacific Railroad Company desires to have certain properties owned by
it anneYed into the corporate limits of the Town of Marana, and the Town of Marana desires to annex
such portions; and
WHEREAS, prior to annexation Union Pacific Railroad Company and the Town of Marana
desire to set forth by Agreement their mutual promises and covenants relating to the annexation.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council ofthe Town of Marana,
Arizona, that the Pre-annexation and Development Agreement attached hereto as Exhibit A is hereby
accepted and adopted, and the Mayor is directed to sign the Agreement.
/
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
~"d day of February, 1999.
Mayor ORA MAE HARN
ATTEST:
Sandra L. Groseclose
Town Clerk
APPROVED AS TO FORNL
Daniel J. Hochuli
Town Attornev
~
Marana, Arizona Resolution No. 99-14 pa~e 1 vf 1
•
PRE-ANNEXATION & DEVELOPIVIEN'I' AGR~EI~E1~1'I'
This Pre-annexation and Development Agreement (the "Agreemen~")
dated February 2, 1999 for reference purposes only, is entered into by and between
THE TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and the
UNION PACIFIC RAILROAD CONIPANY, a Delaware corporation ("Union Pacific").
RECITALS:
A. Three portions of Union Pacific's railroad right-of-way through the
Town are located outside of the Town's municipal boundaries. One of these
segments of right-of-way lying in unincorporated Pima County is approYimately 2.7
miles in length, lying approYimately between Hardin Road on the north anc~ the
Trico-Marana Road on the south (the "North Parcel"). A second segment of right-of-
way is approximately 2.35 miles in length, lying approYimately between Linda Vista
Road on the north and Cortaro Farms Road on the south (the "Central Parcel"). The
third segment of right-of-way is approximately 1.87 miles in length, beginning at
approximately Cortaro Farms Road and continuing to the Town's southern boundary
near Ina Road (the "South Parcel"). The North Parcel, Central Parcel and the South
Parcel shall be referred to collectively in this Agreement as the "Union Pacific
Parcels."
B. The Union Pacific Parcels adjoin on the west conesponding segments
of Interstate 10 ("I-10") right-of-way owned by the Arizona Department of
Transportation ("ADOT"), which also passes through the Town parallel to Union
Pacific's railroad right-of-way. Like the Union Pacific Parcels, the corresponding I-
10 right-of-way is located outside of the Town's municipal boundaries in
unincorporated Pima County.
C. Uniform and efficient adjudication of traffic citations on I-10 by the
To~vn is hampered by the fact that segments of I-10 are outside the Town's
jurisdiction. Consequently, annexation of the I-10 right-of-way is desirable.
However, due to the effect of the owner approval and contiQuity requirements of
Arizona municipal annexation law, the location of the Union ~acific Parcels outsid~
of the Town's boundaries makes it difficult for the Town to annes the I-10 right-of-
~vay and adjacent private lands to create rational Town boundaries.
D, Union Pacific is ~villing xo consent to the Town's anneYation of the
LJnion Pacific Parceis provided (i) it receives assurances reQarding the Town zoning
classifications which will be applied to the Union Pacific Parcels followin~
anneYation; and (ii) its a~reement to such anneYation is not considered a waiver of
~
any immunities from certain Town police power regulations Union Pacific enjoys by
. virtue of applicable provisions of federal and state law.
E. Based on Union Pacific's willingness to consent to the Town's
anneYation of the Union Pacific Parcels, the Town has prepared three anneYation
areas corresponding to the respective Union Pacific Parcels, plus adjacent I-10 rights-
of-way and certain other private properties. These annexation areas consist of (i) the
Northern Corridor AnneYation (including the North Parcel), a legal description and
map of which is attached to this Agreement as Eshibit A; (ii) the Southern B
Corridor Annexation (including the Central Parcel), a legal description and map of
which is attached to this Agreement as EYhibit B; and (iii) the Cortaro Road/I-10
Annexation (including the South Parcel, a legal description and map of which is
attached to this Agreement as Exhibit C. The Northern Corridor Annexation,
Southern B Corridor Annexation and Cortaro Road/I-10 Annexation are collectively
referred to in this Agreement as the "Anne~cation Areas." The annexation of the
Annexation Areas by the Town is referred to as the "AnneYation."
F. The Union Pacific Parcels are cunently zoned RH by Pima County.
Under the procedures followed by the Town for the zoning of anneYed areas, the
Union Pacific Parcels will be given, simultaneously with annexation, a Town zoning
classification allowing uses and densities no areater than those allowed by the
eYisting Pima County zoning (the "Original Zoning").
• G. The Original Zoning will not reflect the appropriate zoninQ for Union
Pacific's right-of-~vay under the Town's General Plan. The Town's Planning
Director acknowledges that the Town's LI (Light Industrial) zone is the appropriate
Town zoning classification for the Union Pacific Parcels and those portions of the
Union Pacific right-of-way already within the Town's boundaries. The Town's
Planning Director further acknowledges that su~sequent to annexation and translation
of the zoning to the Original Zoning, a rezoning is necessary to adopt LI zoning for
the Union Pacific Parcels and those portions oi the Union Pacific right-of-way
already within the Town's boundaries (the "Rezoning").
H. The Town and Union Pacific are entering into this Agreement
pursuant to the provisions of A.R.S. § 9-500.05 in order to facilitate the development
of the Union Pacific Parcels by providing for, among other things: (i) the permitted
uses of the Union Pacific Parcels and the intensity of such uses; (ii) the conditions,
terms, restrictions and requirements for annexation of the Union Pacific Parcels by
the Town; and (iii) any other matters related to the development of the Union ~'acific
Parcels. '
I. The Town and linion Pacific acknowledge that the cantinued use and
future developrrient of the Union Pacific Parcels pursuant to this Agreement will
result in significant planning and economic benefits io the Town by: (i) permitting the
rational eYpansion of the Town's boundaries and the extension of Town services and
jurisdiction to the anneYed areas; and (ii) having the use and development of the
• Union Pacific Parcels to be consistent with the Town's General Plan.
~
J. The governing body of the Town has authorized the execution of this
• Agreement by Resolution No. 99-14, to which this Agreement is attached.
AGREEMENT:
Now, therefore, in consideration of the promises and the mutual
obligations contained herein, the Town and Union Pacific agree as follows:
1. Annesation of the Union Pacific Parcels.
Following execution of this Agreement by the Town and Union Pacific,
the Town shall proceed with the legislative procedures for the AnneYation as follows:
1.1. Annexation Petitions. The Town has established annexation
areas corresponding to the Northern Corridor Anne:cation, the Southern B Corridor
AnneYation and the Cortaro Road/I-10 Annexation by preparing and filing in the
office of the Pima County Recorder proposed forms of annexation petitions, legal
descriptions and maps in the manner provided by A.R.S. § 9-471(A)(1) to permit the
Town to act on the AnneYation.
1.2. Cortaro Road/I-10 AnneYation Public Hearin~. Pursuant to
A.R.S. § 9-471(A)(3), the Town held a public hearing on the Cortaro Road/i-10
AnneYation on October 28, 1993 and the Town conducted public hearings on the
Northern Corridor AnneYation and the Southern B Corridor Annexation on January 5,
e, 1999.
1.3. Union Pacific A~reement to Annexation. No later than February
2, 1999, Union Pacific shall execute and deliver to the Town an annexation petition
unconditionally agreeing to the anne;cation of the South Parcel to the Town as part of
the Cortaro Road/I-10 AnneYation. Subsequent to February 5, 1999, but no later than
February 1 1999, Union Pacific shall eYecute and deliver to the Town annexation
petitions unconditionally agreeing to the anneYation of the North Parcel and Ceniral
Parcel, respectively, to the Town.
Should the Town be unable to secure a sufficient number of
signatures from other owners of property in any of the anneYation areas within the
time provided by A.R.S. ~ 9-471(A)(4), then Union Pacific shall, for a period of one
(1) year from the date of this Agreement, execute and deliver to the Town anneYation
petitions unconditionally agreeing to any such future anneYation of the Union Pacific
Parcels, within fifteen (1 days of presentation by the Town of petitions for
anneYation areas including any part of those properties.
1.4. AnneYation Adoptio~i. Immediately upon receipt ot LTnion
~'aciiic's signature and all other necessary signatures xo complete the Cortaro Road/I-
10 Annexation, and subject to Town approval of this Agreement, the Town shali
consider adoption of an ordinance annexing the Cortaro Road/I-10 Annexation area at
~ the nest scheduled Town Council Meeting. It-is anticipated this shall occur on
February 2, 1999. Immediately upon receipt of Union Pacific's signature and all
,
~
other necessary signatures to complete the Northern Conidor Annexation and the
• Southern B Corridor AnneYation petition, and subject to Town approval of this
A~reement, the Town shall consider adoption of an ordinance annexing these areas at
the next scheduled Town Council Meeting.
1.5. Costs. All procedural and administrative costs and eYpenses of
the Town pertaining to the Annexation shall be paid by the Town. Union Pacific
shall bear its own legal and consulting costs and expenses incurred in connection with
the negotiation and preparation of this Agreement.
1.6. Extensions. The time periods set forth in this section may be
modified by agreement of the parties, and the Town Manager of Town shall have the
authority to eYtend such time period without the consent of the Mayor and Council.
2. Original Town Zoning.
Concurrently with the adoption of each Annexation Ordinance, the Town
shall initiate and proceed to adopt Original Zoning for the Union Pacific Parcels
which will permit densities and uses no greater than those permitted by the County
immediately befare the Annexation. The Town and Union Pacific agree that Original
Zoning for the Union Pacific Parcels will be the R-144 zone.
3. Rezoning.
• 3.1. South Parcel Rezonin~. Immediately following the Town's adoption
of the ordinances for the anneYation and original zoning of the South parcel, the
Town shall initiate and proceed with consideration of a rezoning of the South Parcel
and that portion of the Union Pacific's right-of-way currently within the Town's
incorporated boundaries and lying between Ina Road on the north and the ~'own's
southern boundary on the south, from the Town's R-144 Residential zone to the I,I
Light Industrial zone pursuant to applicable requirements of state law and the Marana
Development Code, all at no cost to Union Pacific. The Town shall schedule and
notice the rezoning so as to permit it to be heard by the Town's Planning and Zoning
Commission on February 24, 1999. The Town Council shall act upon the rezoning
request at the first Town Council Meeting immediately following the effectiveness of
the AnneYation Ordinance, inespective of whether a recommendation has been
received from the Plannina and Zoning Commission at thai time. ~Tnion Pacific
acknowledges that, although the Town's Planning Director recommends a change oi
zoning for the South Parcel and that portion of the Union Pacific's right-of-way
currently within the Town's incorporated boundaries and lying between Ina Road on
the north and the Town's southern boundary on the south, the ultimate decision as to
an~ rezoninQ will lie v~ith the Town Council, and neither this Agreement nor any
other document or agr~ement may obligate the To~,vn xo adop~ such change ~f zonin~.
No#withstanding the above, Town staff ackno~,vledges that it has revie~ed the zoning
~or the subject propertyo and will fully supporr a change or zoning before the 1Vlayor
and Council with no conditions.
~
4
3.2. North Parcel and Central Parcel Rezonin~. Following the Town's
• adoption of the ordinances for annexation and Original Zoning of the North Parcel
and/or Central Parcel, the Town shall initiate and proceed with consideration of a
rezoning of the North Parcel and/or the Central Parcel, and any other LTnion Pacific
rights-of-way located within the Town's incorporated boundaries and not previously
rezoned under the provisions of Section 3.1 of this Agreement, from the Town's R-
144 Residential zone to the LI Light Industrial zone, pursuant to applicable
requirements of state law and the Marana Development Code, all at no cost to Union
Pacific. Union Pacific acknowledges that, although the Town's Planning Director
recommends a change of zoning for the subject property, the ultimate decision as to
any rezoning will lie with the Town Council, and neither this Agreement nor an~
other document or aQreement may obligate the Town to adopt such zoning.
Notwithstanding the above, Town staff acknowledges that it has reviewed the zoning
for the North Parcel and the Central Parcel, the Town shall initiate and proceed with
consideration of a rezoning of the North Parcel, the Central Parcel, and any other
Union Pacific rights-of-way located within the Town's incorporated boundaries and
not previously rezoned under the provisions of Section 31 of this Agreement, and
will fully support a change of zoning before the Mayor and Council with no
conditions.
4. Non-Waiver of Immunity.
The Town agrees that by signing this Agreement and the Annexation
• petitions for the Union Pacific Parcels, Union Pacific does not waive any federal or
state law immunities, defenses or protection it now or in the future may enjoy from
the imposition and enforcement of any e:cisting or future Town ordinances,
regulations or policies controlling Union Pacific property and/or the operation of
Union Pacific trains through the Town.
5. General Provisions.
5.1. Recitals Incorporated. The recitals set forth above are accepted
by the parties to be true and correct and are incorporated herein by this reference.
5.2. Headin~s. The descriptive headings of the sections af this
Agreement are inserted for convenience only and shall not control or affect the
meaning or construction of any of the Agreement's provisions.
5.3. Exhibits. Any exhibit attached to this Agreement shall be
deemed to have been incorporated in this Agreement by this reference with the same
force and effect as if it were fully set forth in the body of the Agreement.
5,4, Entire Aereement. This Agreement and the attached exhibits
constitute the entir~ agreement beiween t11e parties tiertaining to the subject matter of
fhe Agreement. All prior and contemporaneous agreements, representations and
understandings of the par~ies, oral or written, are superseded and mer~ed in tliis
• Agreemenr.
5
5.5. Further Acts. Each of the parties to this Agreement shall
• promptly and expeditiously eYecute and deliver all of such documents and perform all
of such acts as reasonably necessary, from time to time, to carry out the matters
contemplated by this Agreement.
5.6. Recordation. This Agreement shall be recorded in its entirety in
the official records of Pima County, Arizona not later than ten (10) days after this
Agreement is executed by the Town and Union Pacific.
5.7. Amendments. No change or addition is to be made to this
Agreement except by a written amendment e:cecuted by the Town and Union Pacific.
Within ten (10) days after any amendment to this Agreement, such amendment shall
be recorded in the official records of Pima County, Arizona. The parties agree to
conduct a review of the Agreement annually on the anniversary of the Effective Date
for the purpose of identifying mutually acceptable, necessary or desirable changes to
the Aareement.
5.8. Future Effect.
5.8.1. Time of Essence. Time is of the essence of this
Agreement.
5.8.2. Successors and Assi~ns. Subject to the provisions of this
section, all of the provisions of this Agreement shall inure to the benefit of and be
• binding upon successors and assigns of the parties to this Agreement pursuant to
A.R.S. § 9-500.05(D). Union Pacific may assign all or a portion of its rights and
obligations under this Aareement, provided:
5.8.2.1. The assignment is to a person or entity that has
acquired all or a portion of the AnneYation Parcels; and
5.8.2.2. The assignment is by written instrument,
eYpressly assigning such rights and obligations, recorded in the official records of
Pima County, Arizona; and
5.8.2.3. In the event of a complete assignment by LJnion
Pacific of all of the rights and obligations of Union Pacific under this Agreement, and
upon notice to and approval by the Town, Union Pacific's liability under the
Agreement shall terminate effective upon the assumption by Union Pacific's
assignee.
5.8.3. Term. This AQreement shall become effective upon iis
eYecution by a11 parties and the taking of effect of a duly authorized resolution of the
Town's governing body (tlze "Effective Date"). The term of this Agreement shall
commence upon the Effective Date and shall automatically terminate on the second
{2n`~) anniversary of such date or such earlier daie as mutually agreed by the parties.
• The parties further aaree to cooperation in the recordation o~ any suc~: terminarion.
b
5.9. Notices. All riotices, requests, demands or ather
• communications ("Notices") required by this Agreemeni or otherwise given in respeci
of any matter with which disagreement is concerned shall be in writing and served by
personal delivery or deposited within the U:S. Postal Service, certified mail, return
receipt requested, with proper postage affixed, addressed and directed to the party to
receive the same as follows:
If to the Town:
Town of Marana
Town 1Vlanager
13251 N. Lon Adams Road
Marana, Arizona 856~3
With a copy to:
Daniel J. Hochuli, Esq.
Daniel J. Hochuli & Associates, P.C.
220 East Wetmore Rd., Suite 110
Tucson, Arizona 85705
If to Union Pacific:
• Union Pacific Railroad Company
Attention: Assistant Vice President - Real Estate
1800 Farnam Street
Omaha, Nebraska 68102
With a copy to:
Union Pacific Railroad Company
Attention: General Contract Counsel
Law Department
1416 Dodge Street, Room 830
Omaha, Nebraska 68179
EYCept as otherwise specifically stated in this Agreement, all Notices
shall be effective upon delivery and shall be deemed delivered on the date when
actually received. Any party may designate a different person or entity or change the
place to which any Notice shall be given as provided in this Agreement, which Notice
shall be effective after the same is actually received by the other party.
5.10, Default: ~emedies. If either pany hereto defaults (the
"Defaultin~ Party") with respect to an~ of such party's obligaiions hereunder, then the
oth~r pany hereto (the "'Non-Defaulting Party") sha11 be entitled to gi~e w~itten notice
in the manner prescribed in S~ction to the Defaulting Party, which notice shal?
• siaie the nature of the default claimed and make demand that such defauix be
7
corrected. The Defaulting Party shall then have (i) twenty (20) days from the date of
• such notice within which to correct such default if it can reasonably be corrected by
the payment of money, or (ii) siYty (60) days from 2he date of such notice to cure
such default if action other than the payment of money is reasonably required, or if
any such non-monetary default cannot reasonably be cured within siYty (60) days,
then such lonaer period as may be reasonably required, provided and so long as such
cure is promptly commenced within such period and thereafter diligently prosecuted
to completion. If any such default is not cured within the applicable time period(s)
set forth above in this Section ~.10, then the Non-Defaulting Party shall be entitled to
commence an action at law or in equity in the Pima County Superior Court. The
parties hereto agree that due to the nature of the annexation, once implementation of
this Agreement has begun, money damages and remedies at law will likely be
inadequate and that specific performance will likely be appropriate for the
enforcement of this Agreement. This Section ~.10 shall not limit any other rights,
remedies, or causes of action that either party may have at law or in equity.
5.11. Force 1~laieure. Notwithstanding any other term, condition or
provision hereof to the contrary, in the event any party hereto is precluded from
satisfying or fulfilling any duty or obligation imposed upon such party by the terms
hereof due to labor strikes, material shortages, war, civil disturbances, weather
conditions, natural disasters, acts of God, or other events beyond the control of such
party, the time period provided herein for the performance by such party of such duty
or obligation shall be e;ctended for period equal to the delay occasioned by such
• evenis.
5.12. Attornevs' Fees. In the event either party hereto shall
commence any civil action against the other to enforce or terminate this Agreement
or to recover damages for the breach of any of the provisions, covenants or terms of
this Agreement on the part of the other party to be kept and performed, the prevailinQ
party in such civil action shall be entitled to recover from the other party, in addition
to any relief to which such prevailing party may be entitled, all costs, eYpenses and
reasonable attorneys' fees incurred in connection therewith.
5.13. Governina Law. This Agreement is entered into in Arizon~. and
shall be construed and interpreted under the laws of Arizona. In particular, this
Agreement is subject to the provisions of A.R.S. § 38-51 l.
5.14. Coo~eration in the Event of Le~al Challenae. In the eveni of
any legal action or proceedinQ instituted by a third party challen~ing the validity o~f
any provision of this Agreement, the parties agree to cooperate in diligently
defending such action or proceeding.
a.l Severabilitv. Ii any term, provision, covenant, or ~ondition of
this Agreement is held by a court of competent jurisdiction to 'oe invalid, void or
unenforceable, the remainina provisions of this A~reement sha11 continue in full rorce
and effect, provided that the overall intent of the parties is not vitiated by such
• severability.
s
I
5.16. No Partnership; Third Parties. It is not intended by this
• Agreement to, and nothing contained in this Agreement shall, create any partnership,
joint venture or other arrangement between Union Pacific and the Town. No term or
provision of this Agreement is intended to, or shall, be for the benefit of any person,
firm, organization or corporation not a party to this Agreement, and no such other
person, firm, orQanization or corporation shall have any right or cause of action under
this Agreementv .
5.17. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument. The signature pages from one or more
counterparts may be removed from such counterparts and such signature pages all
attached to a single instrument so that the signaiures of all parties may be physically
attached to a single document.
5.18. Compliance with State Laws. All actions taken by the Town
pursuant to this Agreement shall be in accordance with applicable state laws
including, but not limited to, A.R.S. ~ 34-201, et. seq. and A.R.S. § 42-303(D).
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates written below.
Towt~t oF MARaNA an Arizona municipal
_ ~ corporation
By:
Mayor
ATTEST:
By:
Town Clerk
Dated:
APPROVED AS TO FORM:
By:
`~'own Attornev
Dated:
~
9
STATE OF ARIZONA )
~ ) ss.
County of Pima )
The foregoing instrument was acknowledged before me this
day of February, 1999, by Ora Mae Harn, Mayor, Town of Marana.
Notary Public
My Commission Expires:
STATE OF )
) ss.
County of )
The foregoing instrument was acknowledged before me this
day of February, 1999, by , of
Union Pacific Railroad Company, a Delaware corporation, on behalf of the
• corporation.
Notary Public
My Commission EYpires:
~
il
EXHIBITS TO DEVELOPMENT AGREEMEN~'
• Exhibit A Legal & map of Northern Corridor Annexation
Eshibit B Legal & map of Southern B Corridor AnneYation
EYhibit C Legal & map of Cortaro Road/I-10 Annexation
•
•
TOWN COUNCIL TOWN
~ MEETING OF
INFORMATION MARANA
DATE: February 2, 1999
AGENDA ITEM: I X. F
TO: Mayor and Council
FROM: Dick Gear, Community and Economic Development Administrator
SUBJECT: Ordinance No 99 03 - I-10/('ortaro Revised Annexation: Consideration and
Approval of an Annexation Comprising the I-10 and Union Pacific Rights-of-Way
Between the Town Boundary Near Ina Road and Approximately 400 feet South of
the Cortaro Farms Roadway Underpass. This Annexation Consists of
Approsimately 101 Acres in a Portion of Sections 26, 35 and 36, Township 12 South,
Range 12 East, Gila and Salt River Meridian, Pima County, Arizona.
DISCUSSION:
The Town Council conducted a public hearing for this annexation on November 3, 1998,
and staff is now requesting Council action.
. The proposed annexation comprises the rights-of-way along an approximately one and
two-thirds mile interval along the I-10 Interstate Highway. This annexation consists of
approximately 101 acres of land which is owned by seven properiy owners. The Town
expects to receive signed petitions from over 50 percent of the owners of real property,
and over 50 percent of the owners of personal property within the annexation area. At
the time of publication of this Blue Sheet, the Town did not have the required number of
signatures on the petitions. However, we do anticipate receiving the required signatures
prior to tonight's meeting.
All notification requirements have been properly complied with for this annexation. The
annexation meets the requirements as set forth in A.R.S. § 9-471 (annexation statutes).
This is the final step of the annexation process for the Town Council. According to the
Town's annexation requirements, the 30-day waiting period after the original blank
petition was recorded ended November 21, 1998. The Council can now approve the
ordinance annexing the area into the Town of Marana.
RECOMME~tDA'I'ION:
~ Staff will recommend that Council approve this anneration if the required signatures on
~ fhe petitions have been received and filed. If the required signatures have not been
received prior to tonight's meeting, staff will request that Council table this item to the
next Council meeting.
• SUGGESTED i~IOTION:
.v DM IN/S RG/ 1 /25/99
WHEREAS, A.R.S. § 9-471(L) requires the Town to adopt transitional zoning classifications
• which permit densities and uses no greater than those permitted by the County before annesation;
and
WHEREAS, the Pima County zoning classification on the property prior to anne~cation was
"RH" and the most comparable Town zoning classification which does not permit greater densities
and use is "R-144."
WHEREAS, the provisions of A.R.S. ~ 9-471 as amended have been fully observed; and
WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on
file in the office of the Town Clerk of the Town of Marana, together with a true and correct copy of
the original petition referred to herein, which is on file in the office of the Pima County Recorder.
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town of Marana,
Arizona, that:
1. The territory known as the Cortaro Road/I-10 Annexation is hereby anne;ced into the
Town of Marana and the present corporate limits are extended and increased to
include the described area.
2. The zoning of said territory is hereby changed from Pima County "RH" to Marana
• "R-144."
3. A copy of this Ordinance, together with an accurate map of the territory hereby
anneYed to the Town of Marana, certified by the Mayor, be forthwith filed and
recorded in the office of the County Recorder of Pima County, Arizona.
PASSED AND ADOPTED by the Mayar and Council of the Town of Marana, Arizona, this
2"~ day of February, 1999.
Mayor ORA MAE HARN
ATTEST:
Sandra L. Groseclose
Town Clerk
APPR~OVED AS T'O FORNI:
Daniel J. Hochuli
To~vn Attorney
•
ltnrana. Arizona Ordinance No. 99.03 Pa°e ~ Of ~
• COP TAP 0 P O~D/ I-10 A i~l
~'~'X_A TIO_N
A POPTION OF S~'CTIOIVS ~6, 35, c~c 3F',
T 0 W_NSHIP 12 S 0 UTH, PA ~V"GE 12 F~a ~,s T,
GILA _AN"D SAL PIVEP ~~IER ~DIA!~
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• LEG.=~L DESCRIPTION
~.LL OF TH.=~T PORTION OF SECTIONS 26, 35, .a,~~D;6, TOw~SHIP 1~ SOUTH, R~vGE 12
E.~ST, GILA ~vD SALT RI~iER ti~RIDL~~i, PI~IA CO~~iTY, ARIZpN~, BENG ~10RE
PARTICtiLARL,Y DESCRIBED AS FOLLOWS:
BEG~~i1~iG AT THE NORTHWESTER1vtifOST CORN~ER OF THAT P,=~RCEL DESCRIBED
Lv DOCKET 10268 AT PAGE 2230, RECORDS OF St1ID P~I~1 COLTNTY, SAID POI~i
1T ALSO
BENG ON THE SOUTH`VESTERLY RIGHT-OF-WAY LNE OF NTERSTATE HIGHWAY
10 AND ~T Ai~1 ANGLE POI~i
1T ON THE PRESENT ~L~RANA TOWN LItiIITS;
THENCE NORTH 43°51'08" EAST (RECORD), PERPENDICULAR TO THE I~IEDI~Lv
CENTERLNE AS SHOWN ON ADOT DRAWPi
1G N0. D-10-T-237, PROJECT NO. I-10-4(28)
239, TO THE SOUTH`VESTERLY RIGHT-OF-WAY LINE OF THE UNION P~CIFIC
R~ILROAD (FORI~IERi,y SOUTHER~~1 PACIFIC RAILROAD);
THENCE CONTINUE NORTH 43°~ 1'03" EAST PERPE~IDICULAR TO SA.ID ~1EDIA~v
CENTERL 1NE, TO THE NORTHEASTERLY RIGHT-OF-WAY Lltii
"E OF SAID Wi ION
PACIFIC R~TI,RO~D;
THENCE SOUTHEASTERLY ALONG SA.ID NORTI~ASTE:ZLY RAILROAD RIGHT-OF-
WAY LNE THROUGH SECTIONS 26, 2~, AND 36 TO ITS I~i
1TERSECTION WITH THE
• PRESENT ~tARAi~1A TOWN L~IITS AS DEFINED IN ORDIN~~ICE N0. 96-32 A~vD SHOW~1
Lv BOOK 48 OF ti1APS AND PLATS AT PAGE 79;
THENCE WESTERLY, ALONG S~ID v1ARA~~1A TOWN LItiIITS, TO T~ SOUTH~,UESTERLY"
RIGHT-OF-WAY LINE OF I~i
1TERSTATE HIGHWAY 10;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LNE.
CONTNUING ALONG THE NIARANA TOtiV~1 L~IITS, THROUGH SECTIONS 36, 3~, r~~1D
26 TO THE CENTERL iNE OF KAISER ROAD (ABt1ND0l~iED) AS DESCRIBED I~i
i DOCKET
8313 AT P~GE 1937 AND AS SHOWN 1N BOOK 42 OF ~IAPS A1~1D pLATS AT PAGE ~1,
S~ID CENTERLNE BEI~iG A CURVE, CONCAVE TO THE SOUTHEAST, HAVI~IG A
RADIUS OF ~729.6~ FEET AND FROM tiVHICH POTi~1T A RADIAL LNE BEARS SOUTH 4~°
~7'1~" EAST, THE FOLLO`VNG COURSES CONTMJING ALONG SAID tiIARANA TOWi~i
LhV1ITS;
SOUTHERLY ALONG SAID CURVE, THROUGH A CENTR~L ANGLE OF 00°~~'=!~"
AN ARC DISTANCE OF ~9.60 FEET;
THENCE NORTH ='.~°~3'00" ~VEST ~LONG A R~?DL~.L LNE TO SAID CURVE A
DISTANCE OF ~0.00 FEET:
: : ,
~ LEG.~L DOCli~(ENT ~i0.06~ P_~Gc 1 OF ?
~ T'r-;E~CE NORTH =~~°2~'l l" `V~ST A DIST:~~CE OF 62.96 FEET;
TF-.E~iCE vORTH 00°0~'00" EAST ~ DIST.~vCE OF ~ 1?? FEET;
THE~CE NORTH 61°28'~S' EAST DIST~=~~1CE OF 3~.~6 FEET;
THENCE NORTH 47°2~'23" `VEST A DISTfL~ICE OF 21.32 FEET;
THENCE SOliTH 61°29'06" `VEST A DISTr~~1CE OF 36.8~ FEET;
THE~CE SOUTH s9°=~2~46~~ wEST A DISTaNCE OF 161.2s FEET TO THE
SOliTH`;IEST CORiv~R OF THf1T PARCEL DESCRIBED I~i DOCKET 10263 AT
PAGE 2230;
THENCE NORTH 00°23'34" WEST ALONG THE WEST LNE OF SAID PARCEL TO
THE NORTHWEST CORNER THEREOF AND THE TRUE PONT OF BEG ~NNNG.
~
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LEG.-~L DOCL~~IE~T ~~0.06~ . , ~ ,
TOWN COUNCIL TOWN
• MEETING OF
INFORMATION MARANA
DATE: Febniary 2, 1999
AGENDA ITEM: I X. G
TO: Floodplain Management Board
FROM: David M. Atler, Public Works Director /Town En~ineer
SUBJECT: Resolution No. 99-12 - Request for a variance to Title 21, Flood Plain and Erosion Hazard
Management Code, by Raymond E. Bomesberger & Cynthia Bomesberger (property
owners) and Bob & Linda Darby (applicants).
DISCUSSION:
On December 21, 1998, Linda K. Darby (applicant) filed for a Buildinj Permit (No. 9812-105)
for replacing a manufactured home on the property located at 12720 N. Whitney Lane in the
Town of Marana. According to the Federa] Emergency Management Agency (FEMA), Flood
Insurance Rate Map (FIRM) panel 040118 0005 D, revised April 2, 1992, the property is
located within the FEMA designated Floodway. "Floodway" refers to the channel and adjacent
• land area necessary to carry the floodwaters during a 100-year flood. The Town of Marana
Title 21 Flood Plain and Erosion Hazard Management Code states that only open-space uses,
such as parking lots, driveways, parks and agriculture are permitted on the property. Title 21
does not permit residential housing within the Floodway. Staff notified Ms. Darby verbally on
the date the building permit was filed that staff would not be able to approve the building
permit due to the location of the property within the Floodway. On December 30, 1998, Ms.
Darby was notified by written correspondence that under Title 21, the proposed use of the
property does not meet allowable uses in the floodway. The letter mailed by staff was returned
to the Town with no mail receptacle available at the address listed on the permit. Ms. Darby
telephone the Town Floodplain Administrator on the mornin~ of January 4, 1999 to discuss
receivin~ a variance from Title 21. Following the conversation with Mr. Atler, the Town
Floodplain Administrator, Ms. Darby immediately appealed the decision in written form to the
Town Floodplain Administrator (E~chibit 1). Staff requested a mailing address and forwarded a
new letter on January 7, 1999. Staff received an appeal letter from Ms. Cynthia Bomesberger
(Property Owner) on January 12, 1999 (E~ibit 2). The attached illustration (EYt?ibit 3) shows
that many of Mr. & Mrs. Darbys' neighhors on North Whitney Lane are also affected by the
Floodway designation. The Floodplain Administrator approved issuance of a temporary
buildinQ permit for replacement of the Darby home condition to approval of the variance by
Nlayor and Council acting as the Floodplain Management Board. The temporary buildinQ
permit ~vas issued by the Town on January 22, 1999.
In the appeal letters from Ms. Bomesberaer & Ms. Darby it is eYplained that Nts. Darbys'
family currently lives in a single-wide manufactured home on the properly. Tlie To~vn
~ previously allowed her to place a manufacri~red home on the property, in December 1994. Ms.
P~V\DMA\M~1F 01/2~/99
Darby desires to replace that single-wide manufactured home with an upgraded double-wide for
• more room for her family.
Arizona State Law requires that governin~ bodies in Arizona adopt and enforce floodp(ain
regulations. If a Floodplain Board grants a variance, it must: 1) Notify the applicant that flood
insurance premiums will increase and that construction below the 100-year flood elevation
increases the risk to life and property, and 2) maintain a record of all variance actions and
report them in their biennial report to FEMA. A community can be placed on probationary
status by the National Flood Insurance Pro;ram (NFIP) if it does not comply with NFIP rules
and regu(ations. In such an instance, every flood insurance policyholder in the community
would be notified that the community is not in compliance with the NFIP rules and regulations,
and they would be required to pay an additional premium charge of $50 per flood insurance
policy (new and renewed policies). If a commimity does not correct the violations that resulted
in its bein~ placed on probation, a community can be suspended from the NFIP, and the
suspended community is ineligible for any funds normally given to pay for dama~e to public
facilities in the event of a federally declared flood disaster. Individuals within the community
would also be ineligible for grants or loans for residences or businesses within the floodplain,
including VA, FHA and Farm Loans, and loans made available through any federally insured
savings and loan.
There are rivo options available to the Floodplain ManaQement Board:
Optio~ No. 1- The Board can deny the request for variance.
• Option No. 2- The Floodplain Management Board for the Town of Marana can grant the
variance to Title 21 Flood Plain Mana~ement and Erosion Hazard Code, with the following
conditions: 1) An acceptable indemnification agreement holding the Town harmless in the
event the home, property, etc., are damaged by flood activities shall be recorded by the Town
Clerk's Office (EYhibit 4, si~ned original); 2) The permit shall comply with the Standards For
Manufactured Homes contained in the Title 21 Flood Plain and Erosion Hazard Manaaement
Code (Section 21.10); 3) Submittal of proof of flood insurance annually to the Town of
Marana Town Clerk's Office; and 4) AQree in writing that if the Town is placed on
probationary status with the NFIP, and corrections need to be made to the variances ~ranted,
that the property owner will be responsible for brinain~ the property up to standards at the
owner's sole e~pense (E~chibit 4, Covenants: Item 4, si~ned original).
RECOMl~1ENDATION:
Since this property is located within the FENIA desiQnated flood~vay, and consistent with past
staff recommendations, staff recommends that the Floodplain Management Board deny Mr. &
Mrs. Bomesbergers' and NIr. & Mrs. Darbys' requests for a variance to the Title 21 Flood Plain
and Erosion Hazard Management Code.
Should the Board grant Mr. & Mrs. BomesberQers' and NIr. & Mrs. Darbys' appeals, staff
recommends the followin~ conditions be attached: 1) An acceptable indemnification
a~~reement holding the Town harmless in the event the home, property, etc., are damaQed bv
flood activities shall be recorded by the Town Clerk's Office; 2) The permit shall comply with
• the Standards For Manufactured Homes contained in the Title 21 Flood Plain and Erosion
PVVIDMA\MMF Ol/2~/99
Hazard ManaQement Code (Section 21.10); 3) Submittal of proof of flood insurance annually
~ to the Town of Marana Town Clerk's Office;. and 4) Agree in writing that if the Town is placed
on probationary stahis with the NFIP, and corrections need to be made to the variances granted,
that the property owner .will be responsible for bringing the property up to standards at the
owner's sole expense.
SUGGESTED MOTION:
There are two motions available to the Floodplain Management Board
Option No. 1- I move that the Council, as Floodplain Management Board, deny the request
for a variance by Raymond E. Bomesberger & Cynthia Bomesberger (Property O~vners) and
Bob & Linda Darby (applicants) to the Title 21 Flood Plain and Erosion Hazard Mana~ement
Code.
Option No. 2- I move that the Council, sitting as Floodplain Management Board, adopt
Resolution No. 99-12 approving the request for a variance by Raymond E. Bomesberger &
Cynthia Bomesberger (Property Owners) and Bob & Linda Darby (applicants), a variance to
Title 21 Floodplain and Erosion Hazard Mana~ement Code, subject to the above staff
recommendations.
~
~
P~V\DNIA\~IIvIF 01/2~/99
•
NIARANA RESOLUTION NO. 99-12.
A RESOLUTION OF THE MAYOR AND TOWi~1 COUNCIL OF THE TOWN OF MARANA.
ARIZONA, ACTING AS THE NIARANA FLOODPLAIN MANAGEMENT BOARD,
APPROVING A VARIANCE TO TITLE 21, FLOODPLAI~1 AND EROSION HAZARD
MANAGENIENT CODE, REQUESTED BY RAYMOND E. & CYNTHIA BOMESBERGER AND
ROBERT & LINDA K. DARBY FOR PROPERTY LOCATED AT 12720 NORTH WHITNEY
LANE.
WHEREAS, Raymond E. & Cynthia Bomesberger are the owners of the property located at
12720 North Whitney Lane, Nlarana, Arizona and located within the desi~nated Federal Emergency
Management Agency (FEMA) designated floodway; and
WHEREAS, the property owner has applied for a buildin~ permit for the replacement of a
single-wide manufactured home with a double-wide manufactured home on the property located at
12720 North Whitney Lane which was denied due to the fact that residential use of property located
• within the desianated floodway is prohibited under Title 21 of the Marana Land Use and
Development Code; and
WHEREAS, on January 12, 1999, Mrs. Bomesberger appealed the decision to the Town
Floodplain Administrator requesting a variance to permit a newer and larger manufachired home to
be placed on the property because of the necessity of a larger living area for Mr. & Mrs.
Bomesber~ers' daughters family, Mr. & Mrs. Robert Darby that their present home cannot provide;
and
WHEREAS, the Town Council, acting as the Floodplain Management Board, and pursuant
to the Marana Land Use and Development Code, Title 21, Floodplain and Erosion Hazard
Mana~ement Regulations, is empowered to adopt and enforce such variance, and upon approval
must (1) Notify the applicant that flood insurance premiums will increase and that construction
below the 100-year flood elevation increases the risk of life and property; and (2) Maintain a record
of all variance actions and report them to their biennial report to FEMA.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T'own of
Marana, Arizona, actinQ as the Floodplain NlanaQement Board, that the variance requested for the
property located at 12720 North Whitney Lane, Nlarana, Arizona, is hereby granted subject to the
followinQ conditions:
• 1. T'he Applicant shall supply an acceptable indemnitication aQreement holding the
Town of vlarana harmless in the event the home, property, persons, etc., are damaaed
by flood activities and sLich aareement shall be recorded by the Town Clerk's oftice;
Pa~e 1 of 1
~[arana. Arizona Resolution No. 99-12 ~
•
2. The permit shall comply with the Standards for Manufactured Homes contained in
Title 21, Floodplain and Erosion Hazard Management Code (Section 21.10),
regarding specifications for the anchoring system;
3. The Applicant shall submit proof of flood insurance on an annual basis to the Town
of Marana Town Clerk's office; and
4. If the Town of Marana is placed on probation by FEMA, the National Flood
Insurance Program (NFIP), or any other federal agency, the homeowner shall take
all necessary action to bring the home into compliance, and shall be solely
responsible for all costs associated with such compliance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona; this
2°d day of February, 1999.
• Mayor ORA MAE HARN
ATTEST:
Sandra L. Groseclose
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuli
Town Attorney
•
PaQe 2 of 1
N(arana, Arizona Rcsolution No. 99-12 ~
EXHIBI~' 1
~
Jdnusry 4, 1998
Dave Atler
Town of ~arana
Deaz 141r. Atler:
I w-ouid like to requcct a new mobi~e hon~e be placed in eYChange of my current mobile
hoine at 12720 North Wliitney Lane. The house that we src currentlv in is t~o ~na,ll and
we would like more room for our family. We ~ave aUevdy ordered the home and it is
sche3uled for delivery on January 13, 1999. I~ould likc a te~nporary placement witl~ thc
approval of 4ouuscl. I filled out a requcsi for permit which it was de~iied~ becau.se the
property is curzentiy in the flood way. 1~he Propeny ~~ax Nu~nber is Bo~k 217 Map qy
Parcei 00603 Area Code 0610 - 12720 North Whuney I,ane.
Thank you for your help and consideration, please contact me st 63~4707 during 7:OOam
. ~:30prn and 682-3024 aner 3:30pm
Thsnk yo~
~ c ~
,
Linda K. Darby
•
_
EXI~IBIT .2 - ~ . . V .
~
January 12, 1999
Dave Atler
To~vn oFNiar~ns
~3css ~ir. At]er.
i u~uid like lo request s new mobile home bc placed in excyange of the cwrent mobilc
home at 12720 North Whitney Laue. The house thst is currently there is too small and
we would like my dsughtcr's farz~ly to be able to have more room for her family. The
home has alre3dy ordered the horr~ and it is scheduled for delivery on January 13, 1999.
I w'oul~l like a temQotary placement with the approval of cot~n~L I filled out a rec~uest
for pennit whic,h it w-as denied, becausc the propeny is currently in the Ilood way. "1'he
Property Tax 1Vu~~s is I3ovk 217 biap 4~ Parce3 00603 Area Cede 061U - 12720 North
Wiiitney Lane.
• Thank you for your help and consideration, p~case ~antact ine st 682-4707 auring 7:OOam
- 3:30pm and b$2-3024 aRer 3:30pm.
T'hank yot~,
~ ~
~
C~nth;s L. Bome~berger
~
EXHIBIT 3
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EXHIBIT 4
RELE ~SE, HOLD HAR~ILESS AND INDE~INITY :~GREEVIENT
Date:
INDE~NITOR: Ravmond E. Bomesberaer and Cynthia L. BomesberQer
12720 N. Whitnev Lane ~
P.O. Box 911
Nlarana, Arizona 8~6J3
INDEV1ivITEE: Town of Marana
132~ 1 North Lon Adams Road
vlarana. Arizona 8~6~3
RECITALS
A. Indemnitors, Raymond and Cynthia Bomesber~er, warrant that they are the o~vners of real
• property located at 12720 N. Whitney Lane, Marana, Arizona, and more particularly
described in the leaal description attached hereto as E:chibit A and incorporated herein by
this reference. Indemnitors' property is located within the Federal Emeraency vlanaQement
AQency (FE~IA) mapped Floodway.
B. Indemnitee; the To~vn of Marana, has adopted the Marana Land Use and Development Code,
Title 21 Flood Plain and Erosion Hazard ManaQement Code and such Code prevents
replacement of a structtu-e to 1~0°'0 of the value of an eYistin~ stnicture on property located
with the mapped Floodway.
C. Indemnitors desire to replace the existina stnicture on the property and the Town Council,
sittina as the Floodplain ManaQement Board, on Febniary 2, 1999, aranted a variance to
Indemnitors allo~vinQ them to replace the existinQ struct~ire on the propert~- on the condition
that Indemnitors ezecute this hold harmless aQreement and provide proof of tlood insurance
annuallv to the ~larana Tow-n Clerk.
COVENANTS
NOW, THEP~EFORE. in consideration of the covenants and conditions contained herein. and
other ~`ood and valuable consideration, the receipt and stifticienc~ ot ~vhich are he:ebv
aclcnu~vledUed. the partizs do mutuallv ai7re~ as follo~vs:
• 1. Indemnitors, their st~ccessors and assiUns herenv covenant that thev shall d~tend_ in~i~mnilti.
Pa~7e l of
and hold Indemnitee, its officers, aQents, and employees harmless from any and all claims,
• demands, causes of action, complaints, suits, losses, dama~~es, injuries, and liabilities
~vhatsoever (includin~ those for costs, expenses, and attorneys' fees) to any person, persons,
or property related to the use of the lands, more particularlv described in EYhibit A, no~v and
in the fiiture by reason of flooding, flo~vaoe; erosion or dama~e caused by ~vater whether
surface, flood, or rainfall. It is further understood and a~reed that draina~e shall not be
altered, disturbed or obstructed other than as approved by the Marana Mayor and Council
on Februarv 2, 1999 ~vithout the ~vritten approval of the To~vn of Marana Mavor and
CounciL It is further understood that Indemnitors shall comply ~vith the Standards for
Vlanufactured Homes contained in Title 21, Flood Plain and Erosion Hazard ylanaQement
Code (Section 21.10), re~ardinQ specifications for the anchorin~ system. ~
2. Indemnitors further covenant that this hold harmless aareement is intended to include all
• residents, Quests, trespassers and any other user of the property, whether such use is with or
withotrt the permission of the property o~~ner or anvone in possession of the propertv.
3. Indemnitors fiirther covenant that they, their successors and assiQns shall purchase adequate
flood instu-ance on the property in perpettiity and shall provide proof of such insurance to the
Marana Town Clerk annuallv.
Indemnitors further covenant that they, their successors and assiQns shall take all necessary
' action to brina all structures on the property into compliance with the Floodplain and Erosion
• Hazard Mana~ement Reaulations if the Town of Nlarana is put on probation by FE~IA or
any other federal aQency~.
Indemnitors ackno~vledQe that upon acceptina the variance for constniction of a dwellinQ unit
on the property, the land upon ~vhich the stnicture is located is ineligible for eYChanQe of
state land in accordance with the flood relocation and land exchanQe proQram provided for
in the Arizona Revised Stattites Title 26, Chapter 2, Title 2.
6. Indemnitors and Indemnitee aQree that this hold harmless avreement is a covenant runnina
~vith the land and shall be recorded in the chain of title for the property and will be bindinQ
on all of Indemnitors' heirs, successors in interest and assiQns in said propertv. Indemnitors
aQree to record this document in the office of the Pima County Recorder to provide record
notice of the said covenants and to bind all fiiture o~vners of the above-referenced property
pursuant to this aQreement.
7. Indemnitors ackno~vledve that this hold harmless a~zreemeni is a covenant runnin~? ~vith the
land and not ~vith the manufactured hame. In the event that Indemni[ors decide to relocate
the manufactured home, Indemnitors shall be required to complv~ ~vith Title 21 Flood Plain
and Erosion Haz~rd ~fanaUement Code of the Marana Land Use and Development Code. or
appl~~ for a ne~v v~riance.
~ This contract. Rz!ease. Holci f-Iarmless and Indemnitv A~~reement is subject to cancellatiun
bv [ndemnitee. the To~vn ot ~I~:rana_ for conflict o't interest ptir5tiant to :A.R.S. j~8-~ i. 1.
Pa~e ot
~ IN WIT~IESS ~VHEREOF, the parties have eYecuted this AQreement on the dav and year
first above ~vTitten.
TO`VN OF i~1AR~.NA
(INDEVIi~tITEE)
B Y i~/ ~
Dave Atler, Tow~ n~i eer
RAYNIOND BOMESBERGER CYNTHIA BOVIESBERGER
(INDEVNITOR) (NDEVNITOR)
~ •
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y.- 1 By ~ b. h~~.., . ; / ,Yc ~
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APPROVED AS TO FORiv1:
To~vn Attornev
~
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P~~?e ~ oi 1
~ STATE OF ARIZONA )
) ss.
COU~ITY OF PIMA )
The forevoin~J document was acknowledUed before me on this dav ot~
~ . 1999 by David M. Atler, P.E. the Public Works DirectoriTo~vn En~,ineer for the
Town of Marana, an Arizona Municipal Corporation. y
Notarv Public
VIy Commission Expires:
STATE OF ARIZONA )
) ss.
COLJ~ITY OF PIMA )
The fore~oin, document was acknowledaed before me on this J T,:,~ dav of
---~i.`; r-~~ i ~ 1999 by Raymond E. Bomesber~er, le~al propem owner.
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!Ttotarv Public
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i~lv'Commission EYpires: OFFICIAL SEAL
~ ;%~-i~ ~ ~ -=~"~~i '.l ' JA~A M. STE:=tNER
' j - ~ - Notary Public
Pima County, Arizona
My Commission Expires ~
~t ~ ' -
Sso?ember o, 2G00
STATE OF ARIZONA )
) ss.
COUNTY OF P[vL~ )
The fore~~oin2 document was ackno~vled,ed before me on this dav ot~
: . 1999 bv Cvnthia L. BomesberQer, le~al propem-~ owner. ~
-
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~[v Commission E~pires: oF~ iC:.=.;`
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Paa~ 1 pf~1
AMERICAN MODERN ~he~k~ompa~yAPp~i~ab~e
INSURANCE GROUP, INC. ~ ~OAmericanFamilyHome AGENCY CODE ~ 4 4 ~ o o s
rJ 77 American Modern Home AGCV NAME Manufactured Hsg. Ins. Agency
O 78American WesternHome pDDRESS 1200 N. Et Dorado Place, Suite D-480
APPLICATION 0 80 American Southern Home Tucson, AZ 85715-4629
MANUFACTURED HOMEOWNERS INSURANCE O Other PHONE (520)722-3158 • Wats:(800)999-OSSo
PROD CER ADORESS CITY STATE Z~p ~;.~Oh~`
~ E ~O,v
Numocaucer ~ Aenewal ol AMIG AMIG Us2 Oniy
Policy n Pohcy a
APPLICANT / OWNER (Check box if Ihere is an additional ApplicanVOwner and provide intormanon on back of applicauon.j
LAST NAME FIRST MIDDLE INITIAL HOME PHONE ! )
~R y ~~N~q WORK PHONE (
r:~qiLwG ,aDORESS (STREET~ SPaCE » CITY STaTE ZIP COu~vTv
/a ~30 ~l/, !.(~,~,T,v~ Y E ~~J n-,v A f~ Z- ~~'~.5
3 ~ i rl A
LOCA710N OF HOME uF oiF~EncNT THAN MAI~ING ADDRESS) SPACE k CITY STATt ZIP COUN i 1'
J~-1ti~
PARK NAME WHERE HOME IS LOCATED PARK NUMBER DATE OF BIRTH MARITAL STATUS OCCUPATION SOCIAL SECURITY NO.
N~ 'v~~i G SS~ 3Ec,~E r~ ~Y J~a l~ 3 0
LIENHOLDER (Check box if there Is an additlonal Llenholder and provlde inlormation on back ot application.)
r~qnnE ~R~ /N,.},~/C l~ VlCr CpIQ~, ACCT.a
MA~uNG aDDRESS CiTY 8 STATE ,~p
io,v ~ 3 80 o S ~ P Ci 7-y S.~ ~7oP- ~ o~
DESCRIPTION OF HOME
YEAR MAKE i MODEL SERIAL NUMBER LENGTH WIDTH DATE PURCHAScD PURC'r,r.~= ?.q!C~
/`~99 ~~.M fftvcrso2 ,°t/~ ~ y~ ~8'X i ~ FX~~~a~~~ . a_~~,~~~;~
~ ia 9 9 0, cc,~r
RIoGR~~E PHo~ ~vGL~~1 ~ ~
ADDITIONAL INFORMATION PERIOD OF INSURANCE 12:01 A.M. STANDARD TIME
Enter: "Y" = Yes "N" = No Is C verage Bound? Efiective to Expires Months ~a~ir~ Fase
T wn? j~~ Wood. P~lasonite. Vin I SiCin ~ G y J cx
~ Y 9~ Yes O No -/v-"% / ~~-~aT~O°~ j - Q C~O
=~<irted? ~ Wood Burning Stove?~'
~s home .vi~h~n t000 h. of river. creek, lake or ocean?~ ~MPORTANT: PRODUCT OR CHART PLUS ADD-ON CODES MUST BE ENTERED
'r,asinsuranceoeendenied.cancelledornon-renewedin Territory Product Code Chart Number Pr2mfum From Pr2m~um Cha~
pnor 3 ysars ~ ~ s~
i,as tn2 insurad had any I•~ss2s in the prior 3 yrs?~ If Codes Limit of Liability Premium
yzs. iis~ cause. o
Cause Amount MoJYr. Unscheduled Personal Property ~ ~/tiC-!
, Theft of Personal Property S s~ 5 /NC!
• Adjacent / Other Structures S ~/l'C L--.
Add-0ns ^ /~P1,, ~G~ ~
HOW IS THE HOME USED?
Personal Liabiliry ti 5 /~--G,! .
?nncipal ~es~dence (Owner Occup~ed)
_1 Seasonal Res~a2nce (Owner Occup~ed) ~ ~
, J Rental ~ It scnedule. complete survey form No. 1 10•26 ~ S ~ ~ ~'C- ~
J Commeraai Expiain occupancy ana use in remurks S ~
secnon.
Deductible 5 ` ~
LOCATION ~~G
~ r- Sanior Ag2 Credic Applies 6 O Y2s~No TOTAL PREMIUM j o~
n?crk ,:n~n ] 1 2~ ~ 26 50 J„t-100 _I 101+
~On ?nvate Pro;: ~O~s-ns Prop. ~ Rents Prop. SIGNATURES
?roteCU n Class In City Limits I hereby declare to the best of my- knowiecge and oeliei inai ail oi tne aoove sta~emen:s are ~rue a.~~ :r.e: :r.e;e
9' ~ 0 ~ Z~~ Y25 NO siaiements are oifered as an inq;Jcemenl to in com ~riy io issue the poi~- for. `u'~~ -ama~F,v~nc .:ny par;on
wno, with intent to delrau~P/r fSnow~ng thai ~s ~
ii~aung a frr,~c~inSt.an ~nsurer. ;uomr,; : r. acai~cau.;c
~~:siance Te HyCrcnt fl Fire S~auon mi or fiies a claim comainmg~7 lals2 or c- 2 ive ~ /ateaiern u i; ~
^CrnE cli iDlc ior ~J~JinC or Coastdl Pool~ ~
J~~~N~j j `~J~ ?~~?Yfanc2 irauc. } q
~ Ageni's Siynature ~ Cate ~ ~ ( 9
~ Yes ~ NG Aool.cant's Siqnawre -
DIRECT BILL INFORMATION
PAYMENTOPTION INFOFMATION -Check Appropriate Box: BILL T0: Do~nn Payment (If Bud,e!) ~ i
one oay t00~.o co~.~n 1 ~ M Servic2Charqe(IiEuag2~1 ~ I
~ O Applicant I,
J iour pay 25`~ eown a rn Cneckamoun; =nciosec ~
~ Lienhclc2r
~ ~ I FOR COMPANY USE ON~Y i 5 ~heck Amocn; i
J~h:t lU3~r ine•.-0~%9~~
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• TOWN COUNCIL TOW~1
MEETING OF
IiVFOIt~tiIATION MARANA
DATE: February 2, 1999
AGENDA
ITEM: H REVISED
TO: Nlayor and Council
FRONL Jane Johnson, Human Resources Director
SUBJECT: Authorization to Hire a Community Programs and Events Nlanager
DISCUSSION:
Due to recent events, it has become clear that the To~m needs to provide appropriate oversight
to community special events and programs that serve as venues to enhance the image of the
Town. This need has been noted in the past but has been highlighted by the recent resignation
of the esecutive director of the Marana Chamber of Commerce. Her departure has created
uncertainty about the successful product of the Marana Founders' Day, to be held March 20,
and the July 4th Family Fun Day and Fire~vorks Celebration, both of which the Chamber has
responsibility. While To~vn staff will be very involved in the Founders' Day preparations in
order to ensure a successful event, the primary responsibility for the 1999 event ~vill remain the
• Chamber's.
A new staff position of Community Programs and Events Mana~er would be responsible for
the July 4`h celebration, takinQ the burden from the Chamber and returning the production to
the Town. Once the July 4`h event is over, the Events Manager ~vould coordinate public forums
and presentations; plan, organize and supervise all aspects of production, layout and publicity
for Town-wide special events; confer ~vith citizens, merchants, To~vn departments, outside
agencies, and Mayor and Council about the design, planning and implementation of special
events and prepare follow-up reports; manaQe the budget for the events and programs; and
build relationships with and make presentations to TV and radio stations, newspapers, private
sector corporations and community groups. In short, this person would be responsible for
coordinatin~ and implementin~ Town-wide special events and programs and regulate outside
or~anizations conducting special events and programs ~vith the To~vn of i~larana.
Staff has queried other municipalities and found that the Town is some~vhat lagging in having
a position that is specifically responsible for image-building through community outreach and
special events. While staff apologizes for not havin~ budQeted for this position; chanQes at the
Chamber of Commerce provide an opportunity to establish a specific position to ensure a
consistent effort to build the Town's image. Funding for this position for the remainder of this
fiscal year would come from the $15,000 budQeted item for the Chamber for the July 4°i
Celebration. Primary fiinding for the position next fiscal year would come from the ~35,000
that in the past has been allocated to the Chamber to produce the rivo events, Founders' Day
and July 4`'' Celebration. i~Ir. Hein has discussed the change in allocation ~vith Jack Neubeck,
President of the i~larana Chamber of Commerce and has been assured that the Chamber
• supports the direction the To«m is taking ~vith the authorization of this new position.
IiR/11/ComProg~Lrms \igr
01/'6/~9
~
~f
~ RECOMiV1ENDATION:
Staff respectfully recommends that the Council authorize staff to proceed with the hiring
process for a Community Programs and Events ManaQer, with the necessary funding to be
taken from the July 4`'' allocation of $15,000 originally allocated to the Nlarana Chamber of
Commerce and funded ne~t fiscal year from the allocations for the Founders' Day and July 4`~'
Celebration previously designated annually for the Chamber.
SUGGESTED
MOTION:
I move that the 1~layor and Council authorize the Town Manager to implement the hiring
process for a Community Programs and Events Manaaer.
•
•
F~k;~i;c~~„P~~,~ce,„~s ~i~~
oi,,a.~~~ ' _
TOWN COUNCIL TOWN
~ MEETING OF
INFORMATION MARANA
DATE: February 2, 1999
AGENDA ITEM: I X. I
T0: Nlayor and Council
FROM: Michael C. Hein, To~m Manager
SUBJECT: Marana Chamber of Commerce Update
DISCUSSION:
With the resignation in November 1998 of Janice Lawson, EYecutive Director of the Marana
Chamber of Commerce, the Chamber Board of Directors has been reviewing options for the
direction of the Chamber. The Board has provided questionnaires to current Chamber members to
help them a.ssess the interest in maintaining the Marana Chamber and has held open forums during
the regular monthly breakfast and luncheon meetings to discuss this issue.
• Chamber board president, Jack Neubeck, ~vill be present at tonight's meeting to share with you the
outcome of the surveys and the meetings.
RECOMMENDATiON:
Staff has no recommendation to Council on this issue. The purpose of placing this item on the
agenda is to update the Council.
SUGGESTED MOTION:
Mayor and Council's pleasure
•
:\D~IIN/b-1CH/JCG~l24 P~401/25/99
TOWN COUNCIL TOWN
~ MEETING OF
INFORMATION MARANA
DATE: February 2, 1999
AGENDA ITEM: I X. J
T0: Mayor and Council
FROM: Michael C. Hein, To~vn Manager
SUBJECT: State Legislative Issues: Discussion/Direction/Action Regarding All Pending Bills
Before the Legislature
DISCUSSION:
This item is scheduled for each Council Meeting in order to provide an opportunity to discuss any
legislative item that might arise during the cunent session of the State Legislature.
RECOMMENDATION:
Upon the request of Council, staff will be pleased to provide recommendations on specific
~ legislative issues.
SUGGESTED MOTION:
Mayor and Council's pleasure
•
ADMIN/l-ICH/JCE11:32 P~f01/25/99
?AIJ-=3-_~a~~= 11 ~E~i,JE OF = I T: E5 6~'r~~5~-^ ; s P. n1: 1ci
'r'HE Y..,~_~GL~E .~RI701~'A C~~'~ES ~ TOW~S
~ 1820 West ~'~ashin~ton 5tr~et d Phoenix, Arizona SSUl37 8~'hone (6UZ) 258-5786
Date: ~i23/99
To: CURTIS ~SHOQK, A.PACH~ )UIvCT!ON
BRIA~'~'~11Ck:EL~~h, CGr7GNV`rGOG
TA^.~I RYALL, C~LBERT
MIKE HEIN; M,~iRAN.%,
CHUCK S~NE~T, OF:U ~JALLEY
h'QKRlS R'GRDV{JLD; PHOENIX
CHi.!CK Pt~TUCEK, SIERRA'J!STa,
,'viARY OKrJ'r E, TI,~CSON
STEV~ ,'~400RE, Y+Jr~tA
from: Cat;:y Ccnnally
• SUBJ~CT: INC~RP~itAT10N 6& 3 Mfi.E RULE
This vear's ver~i~~n of !,he incor~o~~ztior bi~! is encicse~. It I~as the nzr er~ec:, I be(ieve, ~f repealing the b&
3 miie rufe. It ~~•ouid ~,e hard to imn~ine a SICU~IClOfI in wh~c~ you cou!d successruiiy accem~lish an
annexatiar; of an area ~.visF:ir~g ta ir:corpora=z par;iculnrly ir.. the ~ir-~e irame su~ested by the bill.
T~,e bili ~~,~as ori~inally assigned to House Counties ~ nd !~~iunic;paiities but has been reassigned to the Hause
Wa~ti~s ar,d ,~~+eans Comm:tt2e. T^at just hap~ens to be tne Commii__ee which the pr~rne ~ponsor cnair~. ~,1/e
wiA al~~t you ~o when ,he bil! is up for hearir,g. If yo~ have members ar tne Commi~tee, ycu may wish to
speck to them or to ~he other Repr~sentatives who represen[ yo~~.
!f there is ar,y problem svitH this transmission, please cali (602; 258-5766. !i you wish to fax materiai to the
l,eabue, our fn,z number is (602) 253-3574.
~
J:-~~~I-?;- 9a~_ 1 L L~~i_,JE nF _ I T: E= r~~
i~= ~ F, n2 L'-
RE~EnENCE TI'~LE: ci;y incor~oraiion; annexa~ion
~ Stat~ Ari~cna
House of Re;:?'Ase~*a`ives
Forty-fcur~~~ Lecisla.`_ure
Fir~t Reyular SesSion
1959
~ ~ ~~2~
I~rro,~',uce~ By
Represertitatives McGiobcn. Scnctte~
" A N k': T
AMEND~Nu SECTIONS ?-10"~, °-?O1.Ci, °-131 AND 9-4?1, ~RIZDNA RE'JISED ST.4TL'TES;
R~LATING TG CIT`:' INCD~PQRATIQh Ai~D AP~NEXAT=O~.
i Be it eracte~ by ~ne ~eg~slature of the 5tatz cf Arizona:
Z Section 1. Section 9-161, AriZOra Revised 5tatut=s, is emend~d to
~ r?cG:
o q g-7p?. Inc~oroorar_1on: de~ini±io;~
A. Whe^ twc-~h'~ds of ;.h~ oua'ified electors residing in ~ Co~~un~Ly
6 ccntainjng a populat'on of r"ift°Ln h~n~re~ or Tcre in'r~abitants petition the
7 baard cf Supervisa^s, Se}ting 'orth the metas and bourds cf Lhe cammunity,
8 and the ~ame ~naet^ which tite rat~~~oners ~2sire te be incorporat°~, and
9 pray~ng for the inccrperaC~an o:` th~ c~mmunity irto a city or tvwn, a~d 'ne
_0 board is s~tisrie. that twc-th~rds of the qualif;ed elect~~rs residing in the
i~ Community have si5n~d the peLition, it s`~all, by en order er.tered of reco^d,
deClare =he cornm~_mi~y in=c~pora~e~ as d Ci~Y or ±owr..
;3 9. When ten per• c?nt of `he qu~l'?ie~ eie,:`~~~s residing in a community
ia cor,tair,ing a populaticn o? fifteen hunGred or more persons peti ~~en t;,e board
1~ of supervisors in the r~ar,ner ~,escriofd in suo>~ct~an A cf ~`~~s s2cLi:P,
urayi ng -or t~'~z ca'i i~ ng of ar, e~ eCLi on To^ th2 pu"~os=_ prcvi d2d ~ n tl-,
sec:lor„ thz boar~ 5na11 witnin sixty days a?ter ~"1~;r.g the petition ~all *.he
'_3 elec~~o^, and the electian shal' take ~'.aca on 3 date pr~scr=.bed by secticn
~a Id•_04 au~ r:o` mere than o~e hundred ei^:Zty d:y5 ~fter the pet~t~on is Ti!ed,
%Ci e:KCe~t th~t no 5uCh ~i2CtiC~n 5h31~ D8 C3~ 12d 'r~lt}lih CY~ZIY~ mOr;~ii; fr:m t`~;
_1 (j3r?_ CT d ~f 2V10U5 °Ci.1Cll 'Oi' 1!IC:~rpor~tio~' oi SU~$`4.cfltl3i 7y th_ sarne
t~rri~?r~. urly q_3iiri:d ?leC~~rs ~f the commuricy shal? `•ote on this
i;~ Guesti~n. T" d I*.~J'Jf'ltY Or ~Uc~ifi?~ elec*_ors `i0r':rg ~he'~t6~i V0~?5 ru~
~
.irfv-_=-_'~~I'~ , 1 _r'~ _.cF,~_iJE [1~ 1-~ '_?T:~_ _.i~==~?~;~?:, F: ,]?,•ii_;
N:. 2d2?
~ , ;re bGard su a~v~scrs sha'1. by an ~~rde~ e;~tered ef
1 inc.cr~,ar~ti~.,n. then P .
~ recar~~, ~eclare t`':e ce~mur,i:y ~~CJ~~+~r:~l°_d as ~ c~ty or Cown.
3 G, Prior to o~taln;n9 any sigr~st~res an ~?eti±'cn requ~red b~
4 SUb52C~.lOf! ~4 J~ 3 OT ~.h~S SeCL1nn. ? CJpY C:` SUC~ pE`t':~1C" Sho~~ be f1~eG
~ w~th Lre C~~~n:y r.c:}rder or, ~ii a C~un.,; h~ain~ 3ti eie~ii0n5 d2p3rtmwn~, r;~ th
t~t~' C~lll~l~~ ^t~ei.t~~n$ G~'~C31"~rni;t, T(?a 'aP~~tl~J~ 5~d1~ :tul~ 1~$ Pu!'G'05E
~ ~128^~j~ Afl~ CORrlcvl.y 3Tld :i~d'~ ~c i'} tM~? ~Jf'ITl a!'~~ Sl~i~k'C~ dil~ V~!'ified t~5
c :enera':ly prCV i^et Tu' l ril ~latlV° ~.2L1 t10f15. ??t'tiU~~'!"~ 5~?3~ ' hdYE CrE
; nundre~~ ei ~nty days fra~ the eaie ~t s~~cn f' i i r~ ~o abtc ~ n the r•eq~' ^ed
~U nurnbzr of signat;~res.
li Q. 5y whic~ev2r {~ro~ead~ny t~p inr.arpora*.ion ~~f a city or t~wr is
m lished. Che o~de" shall d°signate tihc n~m~ ~~f the cit;y cr vown, and ~ts
1_ a,.,,O,P
ia metes and bo!:nds. ar~ r.`ereafter t~~e inh~bitan~s ~~ithin *_r:~ ~r~~ so defined
;,q sha]1 be a bod,v paiitic and ccrpora~? ~i :he rame desl~na_ed.
lc, E. For i"~e purpo5e3 of this =ection, .~cor~m~.~ni.~y~. means ~ l~ca?ity ~n
_r, whir_r. a ~ody ~f pe~p12 reszdes in rtsore or iess prozimity having c^7man
~7 inter~sis in sach services as aubi~c h=altn, pudiic Nr~.2.tior, f~~e
_g pretecti~n and nat:r whi~h b;nd tcge~t~Er th~ Aeople of •*.re a^es, zna whe^2
19 thz r~e~~l~ are acqu:i~nt2d and rnin9le in Eus~ness. social, e~ucatianai an~
c; rec-:a~iona~ activ?ti~s.
An zre~ ~4 be inCO~'porated snai] not ;nciude 12rge areas of
2 :
~ninhabited, r`urai ~~r fa~m 'and~, but i;, shall be urban in nature.
_3 G. ~erri~nry shall not he inc~rpc,ra~ed ;f, as a res~al`. of ~uch
~1 i nco~ pt?T3ttUn . U??i ~CO~ porat~~ tzr•ri tcry i.5 compl aC~ ~y surrourt~?o ^Y'
o ircorpora=ed a~~eas nor shal ; an ar~2a to he irco^pora~°~ :.xc':ud~ in~eri ~r
~
.ounty s~"?e*_ a^d r:~~~s, un~ess t~A bQZrd ^f 5uparv?sc~s appr..oves cr~e
~XC uS1 Cn Of SUCh t2t'r; tOf f, St~E?CS d~1^ f 03d5.
~g N. ~he ~oard of su;~?ryisQ^= s`i~ll exc;u~e from th~ comrnuni.y propose~
t~ D2 1r.C0^~Crc*ed pursua!~t t0 SuDS°CLion A Gf E ~.i C~~?S 52Ction any
?rj terriLory which ias b'?~1 ir~cl~~ded in ~n z~neYaticn o~dinance adooted Dy a
C1 Ct" tCWp rI~~SUG~n4 rG ~aW d?i.°_i t!12 lf?CQrroratiGi~ FeLil~r,~ h'~S ~?2P. c'~~eQ
SJ ~}J''SLdf1t ~0 SL"~5°~~lvi1 l. `JF t~11S SEC:iG*1. IT th2 f'E,".'~ainin~ c~mmuniLy 'dl
f ip!'iS r'C^ ~nc~^por~tir;r~ tlEe ~oar~ c` ;upe~vis;.~'S s~~a~l
,3 t•~ meet tne qua'-~ icut •
rej2ct the pe~iT',on.
I. AN IN"CR?OF.ATIO'~ 0` A COP1MU~vt'Y ih! A.r; UR5~.Ni?ED ARE~. THA~ CON~ LIC°S
3b WiT A fItiA~ ANNEk,~TiOtv •7Rn;NAN~E A~ ~ROV?C~ED i~J 5=~:i~~v ?-~01.~:.
3? 6~C~~ME~ EFr~:."?VE IF ?T IS AGQPT:Q ''.i,~~~RDI^{G 'IO ~riE =LECT:OP~ PRCCED~'F.~S
PROVIG~~i I~y St~TIGN 9-i0i.0:. .
3~ ~Lc. 2, 5ection ~-'~~.f~i~ ~:!"l~O~i~ t~~'V15a~~ ~tc'i.'J~l'~. 15 cil?Cide~ rC
1i~ re~d:
c-1~'.nl. Inrr,r',oration_ 1rC-~rizec r~a_ d?fi.n',ri~~n -
4~ A. 'dct~~itt~_tanGing any , PR~VI~IJP~ af 'aw
::6!'.T'~f~l, c~~ ~c,:t`it~l'V W1 ~Fl~~^ ~1X ,'Tll~?.i C7 31'i '.il~0i'i;S:f'C2G ;'`y Of }0':J~,
:~4 T^? SniTIZ !'Oh c:t15~5 0:" IA~;,~ F~2Te?T~~'' E~:dD lSfip7. ~I~U1~~~~ 3~CDLS~o-10"! !',c
" '
•
~ Hld-_3-_'=~9'~ 11: LEHGLIE i~F ~ I T i E= ~~:'2.~~~~,'; ~ F.~1~.- i~_~
~s ?~~a
• 1 f~ve thousan; er ~orz PrRSGNS as shcwn by th~ most r~tent fed?rz? cens~~s, ard
2 a1i cerritory wit"ir~ :h~ee m~le~ e~ any incorpcrated ~;ty _~r town, as ~he
? same !lOW FXi5~5 Cf' tPdY he~reafter ~J° estab? iS1'iEG, havins a popu~a~ien Of ~?S5
ti than five :nousarr ~ERSONS as shown hy the rnost recent fed2ral cersus is
5 c~~lared ta be an ur~anizpd area.
o , , „ . ~ , .
~ , ~ ~ . ~ . . _ _ - ,
~ ~ - „ , . ~ - - " ~ ~
~ ~ f ~ ~ - ~
l~ . T ~ .ar
1 1 ~ ~ ~ y ~ . ~ ~ ~ ' .
1 G ~~-;-~r2tl-°~$'p`a't3'g . - _ . v ;
iJ n. r r ' _ . _ . ~ ~ . ~.;y
~ 4 ~ _ _ _ , L . ~
1F r , ` ~ F _ . ~ ,yy. - . ~ ~ " ~y~
1 ~ ' , - L ~ r -
O ` ~ . - ~ . - ~ . . . L ~
~
19 , ' , - , • • -
B. IF A~'ETI~'IOH FQR INCG'RFORATI4N OF A C~:~MMUNITY IN AN UR6,4NIZED AREA
21 IS FILeC AfVO NG PARi OF THE COMMUNI7Y IS TNE SUBJtGT OF ANNEXATION
~RpC~EDI~IGS ?UY$U?,?!T TO SrGTION 9-a71 THAT HA4E `!7T BEGOME FINAL, THE B~ARD
Z3 GF SUPERVi5CM15 WITHIN TEh' DAYS SHALL hQ71FY 'HE G~JVEr~NItJG E0~?Y OF EACN CI7Y
OR TOWN Cr~USINu ?HE URBANiZEG AREA 70 rXISi . '~!?THIN FORTY-FtVE DkYS j~'~
~ 25 THE =EtiT?~N FOR If~CORPO~iAT?ON IS ~ILED TriE 6QYERNIhG BQDY OF A CI7Y OR TOWH
2o CAU5?NG T!-~~ UREANIZEC AREA T~ ~X15T hfAY FiLE .Sy DBJECT~OPJ T~~ INCORPORA.TiQt~
27 A~~D AN INTENT TG ScG:N AF7NEX,?T?ON. IF A GovERNlirG BODY 0~ A Ci7Y OR TGk'r1
~,aUSING TFiE URBANIZECI AREA -0 ~XI~7 FAILS TQ FtLE A.N OBJECTICM1i T4
%9 INGuRPORATION ANp AN IN?E'~i rC E~GIN A!JNEXATIQ!! WIiHIN FORTY-FIVE DAY5 AFiER
30 THE PETIT?ON FOR TNCORPORATION IS FII.-t~. YhE BO.AF,D OF SUPER~'I~CRS 5'-iALL
3_ PP.OCEED AS REQUIRED BY SE4TIv^N °-14?.
32 C, ~F TEE 60VEh~,N?NG 60QY 0~ A C~.TY QR TD'AN CAUSIN~ THE URBA4IZE4 AREA
33 TO -!(TST F:LE~ AN OBJ~CTiON 70 INGORFORAT?GN ANG AN INTEl+? TO BEGIN
34 ANNcXAiTO~"I WIT':-,IN FORTY-FIVr GAYS AFTER THE ?ETIiION FOR I!~CORPORATIG~f I5
~5 Fi!ED, THE 80AaD ~F SU?ERVI5QR.5 SHA.LL ~USPEND PROCEECI`GS ?L~RSUANT TO SECT?GN
36 9-1Q1 SO lHAT A CFTY CR TOWN MA`( ~OMPLETE ANN~XATiON ~'ROCEtD!`~G5 1N T;-~E
3? Mp.NNER AROV!DE:~ IN SEC1'i0N 9-~%1~ ~FT~R A?ETI~iDN ~OR INCOR.PORA.TION CF A
38 CQMMI~NIT'f IN AN U~iEAN:ZED ARtA I5 FILED, A CITY QR T041N M~,Y EvC~ BE~I"~
3? FRGCtED1raGS TQ APaNEX bPJLY PART ~F T'r'~ :.~M~MUNi?Y. IF N~ AN~EiCAT,ON
4r pipC~~DI';GS THA7 WERE BEG'JN AFT"t~ ~ P~~1Ti0N F'~~ INCG~PGR.ATIOti flF A COMMUN:TY
11 iN ,4lJ CiR6AN:ZED ~.~~A WAS F::.~D 4AV~ 6kC^v"fE F?NAL ?URSUANT T4 SEC710N 9-47i
d2 NQT MORE T~A!'; ~'t~HTEEN MOH-HS, OR !ONGt~ IF rUEJ=vT 70 ~E'JiEk QF THE COURT,
4s ~.F7~R A G07ER"~?Nr. gp~Y GF A CITY GR 7CWN CA.US?1JG THE URBA!~IZED AR=~ 70 eXIST
^,.l ~IL_D AN OBJtCTi~N TO INCORFOiA-IOy At~~ INT_I~T TO 5EGIh AtYPdEXATIOPJ, T!~?E 6GARD
- 3 -
•
THh!-_~-,_~~9~. 11 ~ ~ ~ ~E~i
~_~E OF - r i ~ _ - -
- _ . _ r'J~~_ _'I_7~ r . ~Z1~ '1 J
H3 2429
~
• i 0~ ~UP~RVISORS ~HALL RE~UNit t-S FRC~CEEDINGS ?URSUANT TO SE~~r1:;N 9-101. IF
? ~A~', G~~'JEFNiNG BODY OF CI7Y GR 'OkN CAL~SIN~ T~lt URBANIZEC AREA ~0 E~'I5?
' ~lIT~iUR~iWS ITS 06JEC'1Ci; TO Ih~ORPO~A.TICN AhD IN?=NT TO BEGIN A,.'~HEXAT~O"J, TiiE
4 BOA:t~ GF ~U?EP,VI~~)RS ~~.A.LL R~?U~E ITJ PROC=ED:Nur PURSuAN~ i0 ~~CT1C~~ 9-1Q1.
- D. :F ANC~:X?.TI4N PRUC=E~I'~C= ?NAI WERE BE6UN AfTER A P_'"IT?~"J FOR
6 INCC~RPURATION OF A CCM~lUn1TY '_N AN UnBA~~IZED AREA, '~lAS FIi.EO Ha.~~ aFc~ME F?NAL
i PURSLAN'~ Tp SECTiQN 9-47i NOT MORE THAN E:r:~ITE"c^~ MQNTHS, OR L~~(ti~ER i F~L18JEC7
B TO REV[FW QF TN~ CGUR7, AFTtR TH= ::^uVERNIN6 BGOY CF A CIiY OR i~WP~ rILEU AN
9 OBJECTIQN TO ~NCOR~G'RAT?ON aN0 I~JT~N7 TQ aEGr,~I ANNEXATiO`J. ~O~Wi7H5TAN~I"~u
1G SECTIGN 9-4i1, THt ANPIEX.41'IOPJ oROIN~yCE MaY BFCGME EFFECTiVE ONL'f :F aGOPTED
I'_ A~ PRQV?OED iN 5U85cCTiQ~1' = CF THI~ SECi~Oy.
~p E. IF A PE1'ITiQN FCR INCQRPORA'ICN A CQMN~U~?ITY .4N UR6P,NIZED AREA
I~ F~LE~ At4D AT LEAS~ PAR? D` THt C~MMUr~irY IS TN~ SUfi~~C7 uF AtdtdEXAiIO'I
i4 F~RQCEE~iN~S p.LREAOY BEGUti PLRSUAN' TO SECTIQN 9-47~ AND ?hE PETITION IS FILED
;5 BEFORE T:~E ANNE}:ATFON PRGCEED-N~~S BECOME Fit+A~, voT~~tT~~?Ar~DFraG SECTI~r1
16 9-471, '~IHE?d TH= ANNEXATi~N ~RR:NANC= BtCOMES F?NAL iHE AN~IGX.4TI0`i ORO1.'d,~NCE
17 M.AY BECQME EF~ECiI'JE CFi~Y i~ ADO~TED p.5 PRnV:D~D ?N S~^uS~~TI~Jti F OF THIS
z~ SECTICN.
1. F, WIiNIN SIX7Y DA'~S AFTEfi D.Pd ANNEKA"i0h !JnO1NANCE BECGMES FINAL, THE
2~ BuARD GF suPE2VISaRS 5HA1_L ~ALL AN ELEC7I~"~, ANO TKE E~EC1:or~ SH,a! ~ T~KE
2~ P~AGE ON A DAiE ~RESCRIdEG 8Y SECTIQN 15-ZG4 BU7 ti07 MORE 7HAN QNE HUN~R.EG
G? ~:~,NTY DA'fS A~TER AN ANNE;CATI4~J QRRihAN~E HA~ BECOME FINAL. Oh:LY QUALIrIED
%3 ELECTGRS OF TiiE COMM~NITY THAT IS TH~ SU9JE~T CF THc PEi?TIOPi FOR
24 ?NCORPORATION GNALL VGTE IN TNE E.EGTiQN. TNE EALLOT SHA!L. GONSISi OF TH~.
~ 25 QEJESTiQN 4F INCOR~QRATION AN~ ANY QUESiION OF ANNcXAitOPJ TQ A GITY OR TO'~JN
26 -HAT NAs AFPR4UED r~N AC~~~EXATI~V CR~INANCE. AtJY QUEST?0!~ MAY BE A?FkO~lEG 6Y
~7 P. MAJORITY Or A~~IRM~TI~~E UCTES OF T~!~ aUa~IFIEG EtE~T~~'~5 b'urlr3G cN ~hE
%2 QUESTiLN. IF MiORE iN.4N ONE ~UkST?ON RE~EI'JES A MAJORIT`! OF ?,FFinMATIUE VO7~S
?9 OF Ta~ QUq_I~[ED E:t,r.T~~RS V07:~VG GN TH~ QUES'ION. THE QU:STIOPI RECEI'vI~G THE
;n NIGNEST NL'MBFR 4F AFFIRMATiV~ VO?~S IS A4uPTEG AND T~iE OTHER QUES~ION G?
?UfST.~NS A~~ P,E~ECTED. 'F M~~E -HkN ~NE QUc57i0N REC~I'u~5 A M,~JOR;TY ANu
a TIE F~JR THE HIGuEST P~U~~18cR Or A~:=iRM.47IV= VDTES ~~F THE ~'.,'A,'_IF;ED E~ ~G~C~R~
33 VOT?HG Oh 7Hc QUE~TiON, TH` 6QARC Or SUPERVI=ORS SNALL DE~~10E sJNI~H OF THESE
~'l1ES?IONS SHALL ~E A~JOP-ED iF THe QUESTiQ~`~ QN IP?CO~i°~P.AT10N I~ ADCPTtG TNE
OCARi3 OF SUPERVI5~~5, 8Y AN ORQER EP~TE~EC OF ~EC4rG. SHALL O~CLARE THE
?6 CQMMUNIY'f I~C~RPO?,ATED r~~ A. CITY OR TO'rl~V. IF A Q~JESTiGN ON AiV~~EkATT_ON ?5
ADOPTED THE 30ARD GF SUPER~'IS~1R5 ~HALL EPITER P.y 0'«DER DECL~,~iiJ9 TH?T TH~
3~ tiNh~.xaTION :,RDiN,aNC~ IS EFF~CTi~lE.
3g u. Neiwiih~tanding any _ PROUI510P~ cf this sectic~r
dG Lo th? ::Ont7'dfy, f10 pof'i0f' Of ~h~ ~@.^1"~tC^y ef any Ctty C" L~'rf'1 iTiCO!'GGf3t@•~
41 ~ . . i,_ . ~_=0~cc JiJN= 2~, 1°68 shal l b~
42 de~l ared to be^ an urbani ~ed area. Tn the event ar,y suc~~ Ci ~y a~ town ~a-?-?-
s; ~ IS dec~ared to have ~een unlawTU11~ incorpor~ted by th°_ f;,n~1 .judgment ur
- -
?4 n court af co~-~petent jurisdiciien ar~er . _ - _ ~ -
- d -
~
'Nhi-?~-'_'~~= 11: L~HG~_;E OF I T: E~ r,~~~~~-: _'74 r.~_i_,.%~
H5 ~~29
~ i JUNE 20, 1~68, a1~' or any .orticn or :he territory *here~r may be
2 ir.~~_rpora*ed witn~~ut regar;: ta any cf *_he prQVisions of this section,
3 providec~ peti~ior~s pray9ng f~_r ~he ~nc~rporation thereor or petitions prayiny
4 for ihe cailinq ~f an elettion fer su~h purR~se ~RE f~led with the
5 baard cP superviso~s within one y°ar frorn tre date upon a~hich such ~udgment
o ~L- " EECOM~S fina7.
7 H. IF ; PETITION FOR INCORPQR,~T:G~1 IS FI~ED PURS~~ANI TG SECT?ON 9-131.
3 SUBSECiIQN A ~R 5, THE POWERS AND DUT?ES OF TH~ BOARD GF SUPERVISORS PR4VIDE~
9 IN THiS SEGTTON SNALL 6E PERFQRMED BY THE RcSFECTIVE °dARb~ OF SUPERVISORr
MEEiING IN •JO?hT SESSION.
11 I. IN THIS SECYION "~ETITIOh FGR INCCnPdF.A7I0N" HEANS A PET?TION F04
12 :NC~RPGRA7IGH GF A COMMUNITY Ifr A URBANrZcC AREA THAT IS F"s!ED PURSUANT 7:
13 5c`Ci?ON y-101. SL?ScC-iaN A OR 8 OR SECTlera ~-131, Si1B5ECTi0N A OR B.
i~ Sec. 3. Section 9•131, A~izGna Rev'ised StaLUtes, is amended ~o read:
1~ 9-131, IncarC,~rati n; defiritien
lti A. When tuo-thirds of ;hE qual~fied electors ~n zath county residing
17 in a sirgle cemmunity containing a collective papulation of fifteen hunared
i8 cr mere inhabitants petition their respewt?ve boards cf supervisors. setting
19 for.h ~he metas and bo~,nds or che commurity and th~ name under which tr~e
20 :et;tioners desire to b~ incorporated, and GraYt~s {or the ir.corporation ef
~1 the community in+a a city or t~wn, and the respecLive hoards meetir,g in a
~
~ 22 joint session ar2 satisfied that t~~a-thirds of the qualifiied ele°tars
~~;;;i ~ ~ P_ i t; o ~ ~
- 23 resi~ir~a in he community in each ~ounty have signed the F_~ , the• sha11
Z4 ~y an order enter2a of record by each 6oard declare the camr~unity
• ?5 incorporzted as a ~ity or tewn.
~6 3. When tan Fer CE`ly or" the qua?ifi?C electqrs in each county residin~
?7 in a s~ng?e c~mmunjty containing a Collec~ive papulatiGr of fi`teen hundre~
28 ~r rt;ore inn3oi~ants petitiar their respeCLive boares cf superviscrs 'n the
manner prescr?bed by su~sec*_ion A o~` this :ee*ion, pray~ng f~r the ca'ling
?0 of an eleci~an ;or the p~rpose prcvided in t,nis section, the respect;ve
?1 beards ~eeting in joint sesston s`~a1i wittiin sixty ~ays ~ft~r the filing of
?2 the pe:ition call the electiort, and the electian sr~all take place on a da4e
3? prescrib2d by sect~:on 16-204 but not morz than one hur,dr2d eighty days after
3a the peti;~ian is filed, except t;~at no s~c" election shall be ca112d within
3~ t~e]ve mortns fram the date or" a previous election Tor inccrporation of
~E substaniialiy the same terrtitcry. Only q~~alified ~leciors cf the commun•;ty
~7 shatl vote on th?s questi~an. if a ma~crity of TFlE qu31i ":ed elECtOC~ in each
~8 ccun*y vetsng there~n vates for incorDGT'dti0n, then the b~ards of supervisors
"s= again mee~ing ir. ja?r.t sessicn Shali by an o~•de~ enLe^ed of record ~y each
a~ board dec':ars the com~nunity inc~_rporat2d as a city cr :owr.
11 C. The pr~_~ri~ions af section 9-231 sna11 apply to c~tie~ ard towns
inccrperat~~ und2r thi~ art'cla, except tnat the fir~: cam,,.on cauncil shall
Z~ ~i° 3~7p0i~t°d 5}~ Lh° CO~~t75 Or SU}~efV1~01"S OT iii? respeCtiV° COUnL~?S r2et1'l~
~"ri l~'1 ,]G'.Gi. 52551;:
- ~ -
.
JH~I-=~-~,~as~= 1:~~= LFAG~JE r~ r~ =?T:ES r~~~~.~_~"'-~ F,n7.~1~~
H5 2^.29
n
~ ~ p. By wnich2ver proceed~r•g the incorporation ct a city or towr. is
~ 3cc~mplished, th? or~er shall de~~gn~te ~'~e ndme or the ct*y Ur Co~tin, ar~d it_
; met2s and ~iourds, ~rd tnereafter ~he in~aDitants witnin th,e area se de~;ned
< sna~l he a oo~y po?itic ard cer?o~ate b, t~~= neme designated.
5 ~ E. A^ area to be 'ncorror3ted shaii not inciuci2 i~rg~ areas cf
~ E uninha'~ited, rural cr farm lands, ~ut ?t shal' be ~~rban ;n nature.
F. ~,N INCOR°~RATiUN Ur A CQM~??J~ili'! I~r AN URBAPIIZED AREA TH.Af CQNFLIGTS
W;TH ,4 FiNAL ANNEXATION ORDIyANCE A5 FRCVIDED IN ScCTION 9--01.C~i ONLY
= 6EC~MES EFFE~TIYE iF IT IS ADOPT'cD aCC~P.CIN6 TO THE ELECTION FP.~GEt~URES
?Q PRG`VIOEO IN SE~TICW 9-141.0~.
_y z- G. "or t:~~ puraoses oi this section, "ccmmunity" r~eans a'ocality
~Z in wh~ch a~o::y cf people res~des in m=re or less ~r~x;mity havir~g CommOn
in`erests ir such servic°s as public healt!', public prctection, r"ir?
i~ protec~ion an~ waier which bind togeti:er the p~ople of tha area, and where
15 the people are acquainted and mfngle in b~_isiness, sociai. educational and
i6 recre~tienal ac~ivities.
1i Sec. 4. Section 9-471. Arizona Revised Stacutes, is amended tc read:
ig 9-471. Anne atien of territor~~• ~recedut'e~• not`:c~oe*4tions:
~y arra55 to ~~*o*'mation: restrictions
The fol?ow~ng procedures sre requlr2d to ex.tend ar~d incrzase th°
corporate ii~'ts af a city o^ toNn ty annexaticn:
1. A cit~~ or tcwn shall filE in the effice ef the coan~y rec~rder of
23 the court~ in wh;ch ~he annexation is proposed a b;ank pet;~ion r~Guired by
21 Garagraph ~ ai this subsec!ior set*.~:ng fcrth a d?scripticn and an a~curate
~ 25 maR o? a~l the ext2rior bounderies of the :erritory cantiyuaus *_o the cit;
cr town prop~sed co be annexed. idotir_e and a ccpY of the 'ilirg s;~ail be
77 gi~ren to the ~_lerK of ~~e board of supervisors ard to ±he co~.~nyy assessor.
?3 The accurate rnap shall ~nClude d:i caurty rieh:s-of-way ar?d raad'+~ay~ wit:n no
~9 t3ic3b~C Vd~UE ~ha: ai"? withir 0!' ContigU~US t~~ thE t~}-t°('l01' boundari~5 Of
the area ~af i"e ~roposetl znnexaticn. ?f s~ac= ?a~~d is included i~ tne
;11 territory, writte~ app~cv21 oP th~ state land comnissiar.er anG the se'.ectior
huard est~Glished by section 37-~D2 sna'1 alsc be '~~~°n•
?3 2, :iqnatures cn petici~ns iiled f~:~ a~~exat?on sha~i noi be oDtained
3- Tor o wai:.;r;g period .f thirty days after fi'ing the blank pe*ition.
3. Arter filing th~ bianfc petition p~~rsuant to a~ragraph 1 of t"is
subs>ction, the gcverning body o' t~~e City or towt~ sha11 ho'd d public
"s7 he~ring •xiLhir the iast Len ::3ys of ~hE tnirty daj '.~+aiting periqd ta discuss
r~~ annexaLion pr~posal . The pub~,ic h~earing sr~al ~ b~ held ~n a•_cordar.r_e wit~~
3_~ the ;rol~isions of t~tle 38, c~~apter 3, article 3.'~, ex;.apt *h~t,
=.'0 notw;=h~*_a^~ing the prov;si~~ns of sect~on ~2-431.C2, subseccions C and D, tn~
al r"oil~win9 notic~s o` *ne ;~~~l;c he~r~na to ciscuss the anrexat~o~ pro~osal
4~ sha?i be q-ven a~ ieast six d4.rs before the hearing:
43 (a? °u~lic?`icn a= ieast ance in a newspare~ or ge~era' cir=ulat~cn.
~4 Will Ch 1 S puJ i 1 5~1A~ 7~ C1 rcu ~~t2d ~ n :he C7 :y ~ i tcwn and :he ~?~f 1 ~Of'}'
- ~ -
•
7API-? ~-:`?9'= 1?~~= LERCiUE OF F_ = I T: E~~ ~~1:'~.~.^'^ ~ 4 F. Gc?. 1~_~
!;@ 24?a
• propo~Ed to be annexe~, aT i?ast rirteen deys befar2 the eno of ~he waitir~
? pe^iod.
3 (b) Postiny in at 'edst t~ree conspicuous public p;ace~ in tFe
4 territory ;ro~osec to be znnexed.
5 ;c? Wo:ice by fi^s~ c;a~s nail scrt to th= chairna~ of tne board cf
5 supervisors of the county in w~.ith tne ter;itory praposPd te be ar,nexed is
7 lccated.
8 (d} p~o±,ce by first class ~oi1 with an ar.curate m~p oT ~he territory
9 p~oposed tu be annexed sent to each ownar of the real and perscnal ~,roperty
":q as shcwn an the list furrished rursu~n~ to sa~sectior. G cf this secYion tha~
'_1 wo~l~ be subjeci to taxa*.ier. by t^e city ~r ~own in the evenC of anrtexaticn
12 in t~e territory proposed to b~ annexe~. ~or ~ur~cses of tnis SuCdivisien,
~3 "real and personal property" incl;:de~ robile, modular ard manufacturecl h3mes
1~l and traiiers only i= the owr_r alsa cfrns t7e unde~ly=ng rez7 aroperty.
1~ 4. Wit~in on.e year af~e:^ tt~e la5t d2y af the thirty day walting.period
1~ a pet~tion in writing sign~d by the ewners or ~=ne-half or more in value ofi
17 ~he renl and personat property ard more thdn one-half or the p=rsons ewning
18 real and persor,a'1 ~raperty Lhat wou?d be su~5e~t to ~axatton by the city or
]9 town i~ the ever.t af anr,exatian. as sh~wn by the 1~s~ ~;;~5.ment of the
2Q property, mzy be cir;.ule±~d ard filed ~r. the ofTice o= the ccu*~ty recerdur.
~1 For purpases of th:s para~,raph. "real ~~rd perso^al pr~perty" ~ncluces mab;le,
~ P2 r.edu~ar and mar.ufactured hom~s ~nd trailer~ ~r.~y if th? own?r clso ewns the
~.,r
23 underlying r~al property.
~4 Nu alt,ratiars jnc,sasir,g or reducing the territcry sauaht to be
• 25 ar~ex2d shel? be ~nade ar"ter a pet~tZOn has b2en 5ign?d by a p!'opP~ty cwner,
25 E The peti*ianer sha~] ceiern~ne anu submtt a swarn affidavit
Ve~ifyi ilg t ~at r.o p~ ^t ^f the terr; tcry f~r ;~hi ch the fi i ing i s made i s
=B already ~~SjeCt tC dR ~3C'1'.?r' `?11~g fC~ ~"I;~exatior,. The C~ur,t.y reCO^~2r'
sha?1 na~ 3CCQNt 3 f~~l~g ?vl' df1flEXat10~1 `nl;h9Ut t~1e SWpC'n cTild3Yj~.
30 E. All inform~ticn cantai~ed in the z~lings, the r:Otir_z5, ~ne
~1 petitior, tax and pro~er±f rclis and other ~~tters regard9r:g a proposed or
3Z =1na1 2nnexation shall be nade ava~lable hy tne appropr~ate officiai f~r~
3:~ puLlic ins~ettian d~ring r2gular ~rfice h~~rs,
34 C. Any c=ty or town, ihe attor~py gere~a', the CGU~1~y a`~ornFy, ur any
35 ot'ier int.ere:te~ par~y m~y ~~pon v~rir"ied pe~iticn moue tc que~~ior :he
~5 •~a~id',±y cf the annexat~on for fails~re to c~~mply with `hF orc~isions or this
i ~?Ctil Ctl . 'i ~Q ~;Ptl L1 Q~1 ~hcj ~ 5?t T,r,i^~P L~l~ manne:^ n W%11C11 i~ 1 5 3~ ~ c'CJ~~ L}1~
3~ annex~tion proced~~^e was not in cernpli.~n~° with the pro~:~sions oT chis
secticn an~ shall be ~'ri'ed within thir~;~ Qe,~s after ~dc^r~on c~f the ordin_nce
40 annexing th~ t=rritory by the qov2rning body or" the city _~r *.cwn and no~
11 o_her~ise. Tt~~e burden of ~:~•ouf shal? be upcn the petitianQ^ to pr~ve the
42 ~~a~.C'~131 allegations o= his verir"iac petiiion. ~:r`o ar_ticr shail be oroughc
4?. ta ;~estion ihe vaiidity o= zn annex;,tion ardinancQ unl~ss bro~an~ within the
~-i :ime anC for :ne r~asonS ~r^~-i~ed -,n this su~secLi~n. All '-~ear~ngs previded
. ~
- ~ -
~
THI'I-?3-_'?9'= 11 LERG'~_IE pF 1=~ :IT:E° 5%?^~°--_~~} F.G9~. ~~i
_
H°_ 242°
~
• b,~ ~his sectio~ and a11 ~pDP~1~ t~erefrom shal~ be ~^eferred ~nd h?~rd 3nd
~ ~+etermir,ad ~n pref~renc~ io al7 ot'~er ~iv~~ na?t~rs, exe?pt alec~ion actiors.
~ Ir Che event mor2 tnar~ one pe~itior~ questior,ing `~h:e validity or en z~nexatior.
~ o~dinance is fiied, all such ratjrjpns shdll be consolidated for hearing. I~
G t~~rc or mrre c?ties or ~owns sho~~ the court *~~~t tney have demonstrated an
h active interest in ann°xing an;/ or ail af the area proposed for annexation,
? thr ccurt shail cansider any ar~l Qr uritten aoree~zn~s o~ ur,cerstandin~~s
~ bet~deen or anong *.he ~ities and to~ns in making -'ts ~E:ermir.aticn pursua~C
= to this subsectian.
lp p, The a~nexatian shall ~ecome firal a`t2r th2 ex~iration cf thirty
'1 Uays froR the adcation cf the ordirance annexing the te^ritory by *.he ci~y
1? ~r ~cwn governing body, provide~ the annexati~r, ordinance has been sinally
13 adopte~~ in a~cordance w~i:~ procedures estaelis~ed by stat~~e, charter
;c pr~visiars, ~r loca, ordinances, whichever is applicable, s,lb~ecz to the
iE review o` the C~JI't t0 deterrnin~ t:he va'~idity therecf if petitior.s ir
I6 obj°ction have been filed, A FINAL ANl~EXATIQN ~RDI1vAHC'~ THAT CONFLIC75 WITH
A PET1TiCN FOR iNCORP~7fcATiON AS PROUIDED lN SE~TIOIi 9-1Q1.Ci GNLY BECGMES
?8 EFFrCTFVE ?F I" IS AQ~P7ED AC~~~RGI4G TG THE ELE~'TiOP~ PRQCED`JRES PROUIDED ?N
!9 SECTIGN 9-=01_J1.
2n FQr th~ purpose of deterrnining the ~u.°ficiency of ~he percentage
21 of the.rzlue of pr~perty under t~~s s?ction, such value; of property shall
2~ be determined as follows:
2~ 1. In the cas2 ^~f pro~er`y a~sesszG by ti~e county assessor, values
?4 sha'1 b~ =he same as shawn Gy the lasi assessr~ert of the property.
• ~5 Z. ;n the case ~~~f prc~er+~; valu°~ by~ the department of revenue, values
~b ;na;l b= appraised by the depar;.ment in tne manner provided by law for
municipal dSSt'SSfI1C!'it purpcses.
~g F. Far the p~~^pose of determi~ing ~h? suf°ic~enry of th,e parcentage
2S o= persens c~ning property under this s2ctiar. *he number cf persons owning
3() prcp2rty shal~ be determined as follaws~
1. Cn tn2 case or" pr~~perty ass~<_sed by ~he ;=ourty ass_ssor, the r.umber
3; pf persons ewning ~roaert~ shall be as shown cn the lasz assess~nent or t'r,e
33 property'.
2. Ir the ~ase oT ~reperty valued by t~2 ~apartment or revenue, the
?5 rumber cf per~o^s ow:~ing property sha~l 5e as snown on Lhe ~ast vdluation of
?h fhe proper'ty.
„ 3, if ~n ur.di~;ided parcel o~ ~~~~eri~ 1s awr~ed 'Jy mu;t;ple owners,
~uch awners shail b- deemed ~s one o~~rne~ for tne purpcses o~ iP;is se~t~on•
;y 4, if a~erson ewns multiple parcels o~ propertY, such cwner sha11 ba
4~J y2emed as or~ awner fcr the p~,~rposes ef ~his section.
G. T^e :.au;~iy assessor end the d~pariment o= reven~_~;=, respectlv-l;~,
a~ shall furn~sh t~~ tne ci~y or town Croposing dn annexaticn wi~hin thirty days
~}3 afte- a req;aFSx ti,erefar a s*.a~~nent 'r w^i:~ng ~howing tt~,e ~N'll°!', ~hF
=~Y d7+~'255 0- 2eC~1 owrer 3ftd L1'1~ apprai 53! ~fi~ c~55~~5fi12~1t 0~ d~ I SUCh ;;!'Op?''~i.y.
- 8 -
~
I
JAhI-_~-_~9~= , 1 -~~1 L~H~~UE nF G~ =.IT_ES 51-~?~G-_Sr-1 P, 1~~!1~~
H6 2,29
• _ H. 1'2rritory is r0~ C.ntiyuous for Lhe purposes or" suuSeCt~Cn A,
2 paragra~h i of tr,fs ~ec~i~r ur~iess:
; 1, i*_ ad.joins the exterior houndary or Lhe annexin~ city or tawn fior
~ a~ least three hundr~d feet.
= 2. !t is, at all paints, at leasr two hundre~ feet in w=dt~~, ezCludino
5 rights-ef•way ar~a roadways.
' 3. Th2 di st~nce sr~m tre exi s'ri r.g baurd~ry oT tha ar,rexi ng c- ty or
8 tawn where it adj~ins ihe ann~xed tF.^!"1~Gfy to th°_ fUt"thes~ point of the
9 anne;c-d territory from such boundary is rc, m~re than twi~e the n;ax-:mum wi~th
10 of the annexed terri±or~.
1~. I, A ci~y or town shall not ~nnex ierritory if as a r25ult of such
1Z annexation ~n~rcorpcra`ed *_zrritary is c~rrpl°t~iy surrounded by ~"e annexing
~i3 ~ity Or t9wn.
;4 J, "~otw?~hstand;ng any provfsior,s of tn;s a~ticle to the centrary, any
15 town incorporated prior to 1950 whiCh had a populatior, of less thari twa
15 thousan~ persons by ~he 1970 census and which is bardere:i or~ at leas~ three
sides by Ind:an lanc+s may annex by or~ir,ance territor.y ewnzd by the state
1~ wi thi n;he sa~ne ceunty for a new to~~rnsi te wh;ch is nct c~nti guous to th2
19 ex'sting baundaries of the town.
20 K. The provisior:s of subsections H and Y of this s?ccion shall not
2: apply to territory which i5 surrounded by th° sam~ C'ty or town or wfiich is
22 b~~rdered bJ the same C{ty er town on 2t leas~ three s~des.
?3 L. A ciiy or iown annexinc an area shali adopt zoning classifications
~4 wnich per~it densit^es and u5e5 ne great:r than thr~sz permit~ed by the cGUnty
25 immedi~`ely be:=are annex~tion. SubseGuent chanyes i~ zaning of the arnexed
~ 2b territory shall be made according ta 2x~stir~g ~roce~ures es~eblis^ed by the
2' city or town f~r the rez~ning of iand.
?p M. The annexation aT terricory within s~x miles ef t~rri~ary included
29 in e pendir,a incorporat~on peti~i~n riled w~th the county record2r y~ursuant
30 to sec:icn 9-l0i.G1, subsectian C shail nc~t caus_ an urban~ze~ area to exi=_t
3, pursuant tU S?ction 9-i01.U~ which d~d nGt ex:st orior to the annexstion.
3~ N. As an alternativ2 tc the prec?d~s~°s estab'ishec in this section.
33 c:,un*_y rignt-of-way cr roadvray with no t~xable re~1 proper~y may be annex.ed
34 to a:~ ad.jacent c.-ity ~r town by rr~utua' torsent of i~e governing bodies the
3~ count.y ard city or town if :he property ann°xed Ts aQjac~nt to ±he annexing
~s6 Ci~y or to~~n for tne er:~i''e length oT _he a~nexation ~nd i= the city cr towr
~7 and counLy each ap~r~•~e the proposed ann2xati:;n as a p~~iished agenda item
38 a, a regular ~~:Dlt: cneeting o~ ch~ir governing ba~ies.
~ T'~TrL :t=,
~ i ~
; ~
: s
• ` • ` . ~
BULLFTIN ~7 January ~13, 1999
LFGISLATUR~'S BUDGET PROPOSFS TO BALANCF STATE'S BUDGFT ON YOUR BACKS
~40 ~ti11LLlON RfDUCTION 1N STATF SHARFD 1NCOME TA,~FS TO CITIFS AND TOWNS
Yesterday, at a joint meeting of the House and Senate Appropriations Committees, the Joint Legislative Budget Committee
ULBC) released the Le~islature's budget. It calls for nearly a 3?0 million reduction in income tax sharing to cities and
to4vns over the next rivo fiscal years beginning in FY 1999-2000 to he!p balance the state's budget. The Legislature has
be~un a biennial budget process so the immediate impact is for rivo years. (Early indications were that the "hit" ~vas a
one-year deal; unfortunately those rumors were wrong.) To accomplish the reduction, the proposul reduces the
percentage of state income tax flowing to cities and towns from 15.8°o to 1 S°6. ~s you will remember, the Le~islature
in 1997 cut incorne taxes by approximate!y ~110 million. In order to hold cities and towns harmless irom that tax cut,
the Legislature changed state la~v to increase the percentage oi state shared income taxes to cities and towns trom 15°o
to 15.8°~ effective in FY1999-2000. Not only is the Le;islature not keeping the commitment they m~de in 1997, they
are simply playing a snell game by balancing their budget at the expense of local government.
It will take an all-out campaign involving each one o'r you to defeat this cut in shared revenue. The Lezgue hUs be~un
a;rs~root campaign to also involve your boards and commis~ions as we!I as other interest groups impacted 'ov city
services and programs. In addition, it is critical that as many calis and le!ter~ from cihj and to~vn oificials to your le~is~ators
n opposition to this proposal occur in the next few ~,veeks. It wi(I take a ~reat deal o~ work over the upcoming ~~veeks to
~convince legisiators thnt it is simply not appropriate to balance the state's budger on the backs of rties anq towns. ~Ve
have included a li~ting of the impact or this proposal on each ciry and town on the bac'< o~ this pnge. tiVhen you call or
~-vrite to voice your opposition, try to give your le~+slators some examples o~ programs or services ~vnich ~vould hd~/2 LO
be cut if this reduction occurs. Call us ii you huve questions. Hang on, it may be a ~vild ride.
A RFTURN TO 7 00 DAYS???
in the meantime, the 1st Regular Session o~ the 11th Le~islature convened on ~~londay :vith the Goverr~or; State or the
State ;~,~dress. Go~~ernor Hull's speecn covered se~ie~al policy are;s, but hign on ner list or priorities ror ~he ses_ion are
education, health care, gro~~vth issues, the creation or a trunsportation tas~ rorce anci cr:me in our ne~ghbornoods. The
Govemor al~o discus~ed her proposed budeet and tax cut. lJnliKe the )LBC proposul the Govemor's bud~er dce= nct
induce any reductions in state shared revenues to cities and to~~vns. Sne is recommending an additional 5°J decrea~e
in the Venicle Licens2 TdX t0 ~O c ~OII~ Wlth ~ast ~ie.~r's reduc:ion. This cut'NOUIG~ OfIIV COfil2 OUC Gf i~e SCaC2~~ ~OfLiGfl G~
the=2 monies and not imoact cities ~fld ~O~VfiS.
Tne Go~2rnor, S~e:~ker)e~r C,CO~Cv~i df1G ~'25~Ge!1C ofP~1Gd SU~~S hd`.~e pie~'v?;: ~0 re~um ~O ~~lE' I l'~iL C~2V S25~i0f?S ~iluC`,V°
~lcd d~~ ~ecome ~,C~US~Or;12C7 t0 ~flOf t0 ~dSi ~25~IOr1 ~,vnicn ~tre~cheu !f1IC ~aCP :~1~V. ~uCil O~ C~'~em remnin cemmi~2~ .o
:~iE' COf1C°~,C Of ~ OO GdVS Of i255 anc ooint te ~he ~C2C!~I ~25~10~ Otl ~`'UC3~IGf1 (u~Ctll~ ~«SL `.~2.:f c~ iile Of11b ~ P_3SOR ~i"i~ ~O~:I
O~ i~1~ GdVS W~iS ^0`L iCi.O(71D~ISi12(1. COf711'i11~C'° "1~3f1f1~5'~~VII~ Ce~!fl ifl P3f ie~i ileXt `.'.'2°~C, dl1G~ `:V2 °`(:'E'C~ :iE,'f° ~O C2 ;ild('iV
15=UP_` O~ f111If11CICdl CD~C2.'il dii?Oil~ iGlC52 SC.il~~U12C i0 vE' f1E?;f~ O:'er the :~e:~ i~`,v ~;Ve°k~. I ~Ff2 ~1~i5 dl(?.7GV ;:~'°n
If1CiOCUC°C d~:il~~ ~~O i?^Ulf` C~f'1C~~'.'i~uClOf~ :Cf ao~.vn ~oninQ and _he :e'e~-.;~ilf`,lUfilC :CICfiS I~,G'USu',~ ~ ~~iC:< ~tU :Ifl ~i11= '%?3f
„i(~~ ; Ill:'C~IP_r nlE'C~ t:( IE":~~i~tCIC(1 i0 ~ 2i1(: 2c-~ i t. n- ~,i A,'p -F._ i _
':C`l t:O f ~ IC~ _:C~,/CC,Vi
~;iDIIIC~/ iG ~(1(i „I _ 1C."I~.1~- : f-`:V~:`:' 'v ,
. ~ , ' - 'F'~.. . .~iL _i';i'.-i
.:'ii~ ;11.lf`lE;f(~~l!~ JC!?t'_~ ~i~.c?.i1IiC~ O :(C'°'l1i~C'~f iil~illl'~:`LP 7;Ufll(:;(:;11 dLCii(ifiC'' ~C ii0f71i~~:5 ;C .:i~ :(li°i"__Jii~ %t' :f.
, ~..::':'_..,.,".c~_,. ~ _i:~ ~~'i ,~:i,=^ ic ~ii'.~S ~2~ 1G''~1'iS = _
_..,:C:- - - - -
Two Year Impact ofi Propos~d JLBC Biennia! Budget Reduction in
State Income Tax Sharing with Cities and Towns
Snare of Snare of
~ CITY/TOWN POPULATION $40,000,000 CITYITOWN I FOPULATION I~~0,000,000 I
APP,CHE JUNCTION ~ 19,525 ~ ~229,371 ~ PAGc ~ 7,950 ~ ~°3,3°3
AVONDALE ~ 22,771 ~ ~267,504 ~ FARADIS~ VALLEY ~ 12,41g ~ ~146,234 ~
BENSON ~ 4,11;, ~ ~48,341 ~ PARKER ~ 2,950 ~ ~34,655 ~
61SBEE ~ 6,500 ~ ~76,359 ~ PAtAGONIA ~ 9d.5 ~ ~11,10 i
BUCKEYE ~ 4,857 ~ ~57,058 ~ PAYSON ~ 11,004 ~ ~129,270
BULLHE;;D CITI' ~ 26,940 ~ ~316,480 ~ PEORIA ~ 7a,56~ ~ ~875,958 ~
CAN1P VERDE ~ 7,465 ~ ~87,696 ~ FHOENIX ~ 1,149,417 ~ 513,502,859 ~
C:REFREE ~ 2,280 ~ $26,855 ~ PIMA ~ 1,850 ~ ~21,733
CASA GnANDE ~ 20,880 ~ $245,289 ~ PINETOP-LAKESIDE ~ 3,301 ~ ~38,779 ~
CAVE GREEK ~ 3,076 ~ ~36,136 ~ FRESCOl-f ~ 31,086 ~ ~365,135 ~
CHANDLER ~ 132,360 ( ~1,554,909 PRESCOTT VALLFY ~ 16,043 ~ ~188,?60
CHINO VALLEY ~ 6,278 ~ $73,751 ~ QUARTZSiTE I 2,005 ~ ~23,5~4 ~
CLARKDALE ~ 2,600 ~ ~30,544 QUEEV CREEK ~ 3,072 ~ ~36,089
CLIFTON ~ 2,995 ~ ~35,184 SAF~ORD ( 8,773 ~ ~103,06 i ~
COLOW~,DO CITY ~ 3,190 ~ ~37,475 ~ SAHUARITA ~ 2,311 ~27,149 ~
COOLIDGE ~ 7,055 ~ ~82,879 ~ SAN LUIS ~ 8,026 ~ ~94,286 ~
COTTONWOOD ~ 6,545 ~ ~76,888 SCOTSDALE ~ 168,1 i6 ~ 51,975,600
DOUGL.4S 14,780 ~ ~173,629 SEDONA ~ g,gg~ ~ ~~pa,4831
DUNCAN ~ 735 ~ ~8,634 ~ SHOW LONl ~ 6,988 ~ ~82,092 ~
E,=;GAP, ~ 4,515 ~ ~53,040 ~ SIERRA VISTA ~ 37,815 ~ ~~'.44,23~ ~
EL N1IRAGE ~ 5,74 i ~ ~o7,4a3 ~ SNOWFLA.KE ~ ^-.,120 ~ ~48,400 ~
ELOY ~ 8,91 ~ ~ ~104,730 ~ SOMERTON ~ 5,824 ~ ~o8,a1 Z ~
FLAGSTAFF ~ 5~,430 ~ ~040,008 ~ SOUTH i UCSON ~ 5,452 I ~~`~~c~ I
• FLOREI~ICC ~ 11,390 ~ ~133,805 ~ SPRINGERVIL! ~ ~ 1,920 ~ ~22,555~
FOUNTAIN HILLS ~ 14,146 ~ ~166,181 ~ S i. JOHNS ~ 3,~60 ~ ~39,-72
FREDONIA ~ 1,250 ~ ~14,08~ ~ SUFERIOR ~ 3,485 ~ ~40,940~
GILA EE;~1D ~ 1,747 ~ ~20,523 SURPR1Sc ~ i0,737 ~ ~126,134I
GILBERT ~ 5?,338 ~ wo97,077 ~ IAYLOR ~ 2,65~ ~ ~31,1~0~
GLENDALE ~ 182,61 S ~ ~2,145,283 ~ Tt~1FE ~ 1 ~3,821 ~ ~1,807,023 ~
GLOBE ~ 7,058 ~ ~32,~14 ~ Ti~ATC~E~ ~ 3,°57 ~ ~~6,?85 ~
GOODYE~.R ~ 9,250 ~ ~108,605 ~ TGL! ESON ~ q,-':;6 ~ ~52,112 ~
GUP.DALUFE ~ ~,~58 ~ ~04,118 ~ T0~IESTONE ~ 1,105 ~ ~ i o,505 ~
HA.YDEN ~ 910 ~ ~ i0,690 ~ TUCSON ~ ,-',-'3,25 ~ 55,206,817 ~
~
~OL6ROOK ~ 5,070 ~ ~~°,~00 ~~~~/ELLTON ~ 1,126 ~ ~13,2231
~
~UAC}~UCA CITY ~ 1,9~0 ~ ~22,790 ~~NICKE~BUFG ~ 1,765 ~ ~~5:97r ~
JE~ONIE ~ ~60 ~ ~~,404 ~ WILLCOY ~ 3,~33 ~ ~~1,5v~ ~
K`ARNY ~ 2,^_.~5 ~ ~25,8?0 ~ LVILL1P.i41S ~ 2,6~0 ~ ~3i,60 i ~
~ING~IAiV ~ 10,70~ ~ ~ i°6 °O5 ~~~VINKc-~1^.N I o76 ~ i ~
L.~.KE HaVA.SU CIi`( i 3o,2g5 ~ ~,-'?6,261 ~~NIf~1S~0~N ~ iQ.7~u0 ~ ~126,8:,° I
L! ~ C~ iELD P,~.R;~ ~ 3,7?,9 ~ ~~3,92~ ~ YGU~JGTO~NN ~ ^o~
L,0 I JJ I.J".~ ~
I i~l,`,i~il~~IOTH ~ ~,960 i SLJ,0~5 ~ Y1J~11=, I o0,^-~7 ~ i 0.%=~ i
~,~~1;`,F.,`.Nr; ~ ~,30~ ~ So2,~63 I j j '
~
~~~11E~,`, ~ ~;,3,1 i ~ j ~3 °~2,C~4 i I i I
I Iti'~~i^.i~l~~ ~ 7(l~!Q i SL:,~E~ ~ ~ I
I~lCGAL'~.~ ;n.cc- ; ~2=: ~ i ~ ;
j CP.O ~`i;~.LL=Y I 1 - ~ ,.~~0..,__
, ~r :L
~ ~ i ~ ~
~I i ~ I v!.~.! ~~~'.'~GQ.~(;
I
LFGISLATIVE DEADLIN~S ESTABLISHFD
Each year the Legisl~ture sets for it~elf a series of deadlines. According to House and Senate rules, session can last until
~he Saturday follo~ving the 100`h day. Leadership can deciare a seven-day continuance but further extensions require
a majority vote. Until last year, the Legislature had done a good job or` finishing up just be~ore or just ar`ter the 100 dnys
for the pastseveral years. Althougi~ some expectsession to run long this year because of budget is;ues, leadership in both
houszs, as well as the Governors office, have indicated they intend to adjoum ~~vithin the 100-ciay deadline.
The~e are the specific deadlines est<<blisned for 1999:
January 13 Lnst day for Senators to file bill draft request~.
January 2~ Last day for Representatives to file bill drar`t reques~s.
February 1 Last day for Senators to introduce bills.
February 8 Last day for Representatives to introduc2 biils.
February ? 9 Last day for Senate committees to consider Senate biils.
Last day for House commit~ees to consider House bills.
~tilarch 26 Last day for Senate committees to consider House bills.
Last day for House committees to consider Senate bills.
,~pril 12 Last day for conference committees.
April 16 Sine Die target date.
April 20 100`h day
WANT TO SET UP A LFGISL4TIV~ DAY?
~Ve hor~e many o~ you will again schedule a legislative day ~:vith your de!egation sometime during the 1999 session. With
fihe 100-day session, the eariier the better. As ~ve did last year, ~ve are making the League me~ting rooms availaole for
~our meeting (lunch can be arranged, too) and League staff is ready to prepnre ;iou for your le~islative discus~ions ~~vith
background materials and a briefing on key issues beiore your meeting.
What is a le~islative day? A city or to~vn, either individually or org~nized by area or le~islative district, comes to Phoenix
to meet ~:vith the le~is~ators from thnt area or district brieiing ~vith League ~tarf is usually sc"eduled ror 11:30 n.m.,
followed bv lunch ~vith vour legislators here at the Lea;ue.
To get ihe process started, ;~ou should des~gnate a city%to~vn coordinator for vour le~islative dis:ric: or the area ;~ou ~~vant
to cover and then nlve that person give us a call. ~Ve wiil as;ist in the logistic~ of setting up the meeting. The invitation
to your le~islators to at~end should be made by you or your coordinator to cleari;i de!iver the mes_a~e thutyou ure cominQ
to the Capitol to vis~t svith them on is~ues of imoortance to you and ~rour communitv. This is a~r~av to personally ae~ vour
i~°~Ifl~S kno~,~m on major IegislntlV2 IS~U25 d5 bV2~~ d5 t0 ES~nDIISh d C~OS2r ~,vor;in~ re!ntionsillp SVlth ;,our le~isiutors. P!ease
~IVe US l C«~~ li VpU huve any ques~ions on sening up u ~2J!Slative d'aV {0~ Vp~lf C;C`? Of i0`:Vft.
CO~ti1~y10~y QULSTlO~~lS REG;~RDI~IG TNL AR]ZOiy,~ Si,=~TF Lf~ISL~TURF
bVhe~ aoes the le~isiative szs~ion begin and e~d?
Ti,~e Le~~i_I,,ture ;s m~:ncated bv [he St,te Corsti[utien ~o ~e~.in or i~ - c,~ I
t e ~e ~rr~ :iorc;<<. ;n ,an~«rv i nis :r. ~`~z~~ ~:~~e :e'I
0(l ulP_yj' I ili5 I~ dLQ ~fl° C.itt~ ~I~ldl ~t'~'~int01'S dS=lifilP_ OliIC~ fCI~G~::'li~`% ~~f? °t°~r-~iCfl. i i~;P_ ~i~:r.iDCi ;:Cuf;C:l C( _::e'-;JCj~;'~
CO . ~ fi'.C'1
~ 'r~~ L - ~o~.c'rnOr. , rc3~ur2~ °;~C..~ar2 ~.~dom ~n uiZ iir~ ~:iCnCa;' ~i ,.1r.u<:r;. _
lt~ f ~.1:~. ;f~i~:i(C~I( i? r' CI ~ 2~~ i;fl i~ fi~l7(° ~,~.f'i~ ~i(- t.'_ ~l(~I! ~1 ( l~ c= -i;U~:= ~.i~~ ~ .r f~ ~.i - :cc~~~~ c
_ < ~ ~ _ . ` ' . . _ ..~I~~
;l~i f C'll i0 ,l: ~.i~i'_ ~ (:~~C~~:'Ill~ ~IIP.. i ~J~~ ~t'i .f .~:GI ,1.._i' ~t"(: ~~_`l .L_ :c_ u! I~ :i' ~..'ar'(~
_~cci~„i n -:~a' C. _ 'O (.~;'f~l.i~'U`` „f'~ ~f~i~ ~t• fi -i,ir. _ . , ~.~Cf'i'. 'r[:? . , - ~l ' , ,
. , _ _ . ~
.,:t~."' ;,~~.'"_,i'
How are bills identified?
Though an "HB" or an "SB" pretedes a bill number to indicate if the legislation originated in the House or Senate, quite
ften a bill is more casually identiried by its four-digit bill number only. In this instance, a reader can know the origin of
~ bill by noting the first number in the four-number series. All bills be~inning with a"1" are Senate bills and all bills
beginning with a"2" are House bills. Bilis also contain a"short title" in the upper right corner. This is a very brief and
general description of the bill's subject matter. Most short titles are not much longer than four or five words.
What is the process for a bill to become a law?
Using a fictitious HB2001 as an example, the biil is assigned to one or more committees by the Speaker of the House.
The bill is then heard and voted on in each committee, including the Rules Committee which determines by majority
vote if a bill appears to be constitutionally sound, and from there itgoes to party caucus. Both the Republican caucus and
the Democratic caucus meet separately to make sure members understand the issues in each of the bills they may be
debating and voting on. The caucus also helps the Speaker and others in leadership gauge how much support a bill does
or does not have.
It is then the decision of the Speaker to allow the biil to go to the Floor for a debate of the entire House membership.
This is referred to as Committee of the Whole or COW. This debate and amend process is given a committee designation
because a bill cannot be debated or amended during the final vote. If approved by COW, it is again left to the discretion
of the Speaker if a bill will be placed on a calendar and scheduled for the entire 60-member House to vote on the bill.
This part of the process is referred to as "third read." In most cases, a simple majority is all that is needed to pass the biil
and transmit it to the Senate where the process is repeated. (Any bill that contains an emergency clause or provides for
a net increase in State revenues, needs a two-thirds majority to pass.) In the Senate, the Senate President makes the
committee assignments and decides, in the same fashion as the House Speaker, which bills will be allowed to go to the
Floor for debate and "third read."
~the bill is not changed in any way by the Senate, it is returned to the House and transmitted to the Governor. If the biil
as amended but the House sponsor does not protest, the bill ~oes to the House Floor for another vote allowing members
to vote for or against the bill as it reads due to Senate changes. Bills amended by the opposite house must have their
amendments accepted by the house of origin or a Conference Committee is scheduled with representation from both
the House and Senate where disagreements over amendments are either ~vorked out or the bill dies. Bills that survive
Conference Committee must be voted on again in the house(s) that is being asked to accept a version of the bill that is
different than they originally passed. It is then transmitted to the Governor.
The Governor has five days to sign or veto a bill if the Legislature is in session, ten days if it is not. Any bill not signed or
vetoed in that time period automatically becomes law. ~ny bill with an emergency clause or a bill that results in a net
increase of State revenue becomes effective immediately upon signature o~ the Governor. ,=~11 other la~vs are eifective
90 days after adjournment of the legislative session.
How can I find out the status of a bill?
The Le~islature orfers the ~rizona Le~islative Information System(~LIS) online at www.azle~.az.us. `r'ou can also access
AL1S from the League home pagP atwww.azleague.org. Thi= service allo~vs you to vie~~v bills and amendments, committee
zgendas and also to find out where in the process a biil is and wnat the vote was in committee. The minutes from
committee meetings, House and Senate Rules and documents explaining the legislative process are also availaole. If in
doubt, pick up the phone and ;ive us a call here at the League and ~,ve ~:viil be able to update you at any time.
~