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HomeMy WebLinkAboutOrdinance 99.02 Requiring development agreements in the Lower Santa Cruz River levee benefit area relating to cost reimbursementsF. ANN RODRIGUEZ, RECORDED BY: RECORDER IJM DEPUTX RECORDER 1941 ROOE SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 11003 PAGE: 403 NO. OF PAGES: 4 SEQUENCE: 19990490250 03/15/1999 ORDIN 11:12 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 99.02 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, REQUIRING DEVELOPERS OF LAND WITHIN THE LOWER SANTA CRUZ RIVER LEVEE BENEFIT AREA TO ENTER INTO DEVELOPMENT AGREEMENTS WITH THE TOWN TO REIMBURSE THE TOWN FOR ITS SHARE OF THE COSTS FOR CONSTRUCTION OF THE LEVEE FROM THE ENHANCED VALUE OF THE OWNERS' PROPERTY, AND REPEALING ALL RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OF MARANA IN CONFLICT HEREWITH. WHEREAS, on January 20, 1998, the Town of Marana entered into an Intergovernmental Agreement with the Pima County Flood Control District for construction ora flood control levee to protect the Town's residents from periodic inundation and soil erosion from the lower Santa Cruz River; and WHEREAS, pursuant to that Intergovernmental Agreement, the Town is to contribute financing for the project proportionate to its share of the benefit at a rate of $500.00 for each benefitting acre or approximately $1,875,000.00 payable upon issuance of the building permit; and WHEREAS, pursuant to that Intergovernmental Agreement, the Town must adopt ordinances and procedures for the collection ora fee from landowners seeking to develop their property within the levee project benefit area; and WHEREAS, the Pima County Flood Control District has determined which property within the Town will benefit from the construction of the levee and has identified this property on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, pursuant to the Intergovernmental Agreement, those residential property owners within the Benefit Area owning less than two acres on or before December 30, 1997, and those property owners who develop their property solely for the purpose of agriculture are exempt from payment of any fee for the levee. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Those property owners within the benefit area who intend to develop their property for a use that is not solely agricultural shall enter into a development agreement with the Town before 1 1 O O 3 O 4 O 3 Marana, Arizona Ordinance No. 99.02 Page 1 they may receive a building permit or change the use of their property from what it was on December 30, 1997. Section 2. This development agreement shall contain provisions for payment by the property owner of five hundred dollars ($500.00) per acre for the cost of the levee project payable upon issuance of the building permit. Section 3. Residential properties within the benefit area smaller than two acres on or before December 30, 1997, are exempt from entering into this development agreement. Section 4. All ordinances and resolutions or parts of ordinances and resolutions in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 5. Repeal of all ordinances and resolutions or parts of ordinances and resolutions in conflict with the provisions of this ordinance does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of that repeal. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 16th day of February, 1999. ATTEST: .~-"'""'"~Daniel J. Hochuli Town Attorney Mayor ORA MAE ~IAR~ u' -- 1 0 O 3 O 4 O 4 Marana, Arizona Ordinance No. 99.02 Page 2 LOWER SANTA CRUZ RIVEY LEVEE BENEFIT AREA Pw=I Boundifics Sa=a C= Rror Bemefit Amm Bo=dy A/ Coq=mu Bo=d..i. I-,,. AliV..t U.&-Jpod R...1. Not To Scale DecumberiM, Immusuplomcommayr.&-mv rT2 FLOODCONTROL DUMUCT QW 0 M 14 P-6- Mo- A-i- I ?