HomeMy WebLinkAbout04/01/2008 Council Agenda Packet toWN oF REGULAR COUNCIL MEETING
NOTICE AND AGENDA
~ ,
9 ~AR. ~ Council Chambers
~ 11555 W. Civic Center Drive, Marana, Arizona 85653
qRIZONP
April 1, 2008, at or after 7:00 p.m.
Ed Honea, Mayor
Herb Kai, Vice Mayor
Council Members
Russell Clanagan
Patti Comerford
Carol McGorray
Jon Post
Roxanne Ziegler
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the
agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics.
As a courtesy to others, please turn off or put in silent mode all
Qagers and cell phones.
Welcome to this Marana Council meeting. Regular Council mee,tings are usually held the first and third
Tuesday 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 24 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 speaking to the Council during Call to the Public, Public Hearings, or other agenda
items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it
to the Town Clerk prior to the convening of the meeting.
All persons attending the Council meeting, whether speaking 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 Chambers are
wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of
special services as a result of their disability, such as assistive listening devices, agenda materials printed
in Braille or large print, a signer for the hearing impaired, etc., will be aecommodated. Such special
services are available upon prior request to the Town Clerk at least 10 working days prior to the Council
meeting.
Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or
online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances.
For questions about the Council meetings, special services or procedures, please contact the Town Clerk,
at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m.
Posted no later than March 31, 2008, 7:00 p.m., at the Marana Municipal Complex, the Marana
Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances.
~oWN oF REGULAR COUNCIL MEETING
NOTICE AND AGENDA
~ ,
9 ' I~, ~ Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
qRIZONP
April 1, 2008, at or after 7:00 p.m.
REGULAR MEETING
A. CALL TO ORDER AND ROLL CALL
B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
C. APPROVAL OF AGENDA
D. CALL TO THE PUBLIC
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 minutes to
speak. Any persons wishing to address the Council must complete a speaker card
located outside the Council Chambers and deliver it to the Town Clerk prior to the
commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the
conclusion of Call to the Public, individual members of the council may respond to
criticism made by those who have addressed the Council, may ask staff to review the
matter, or may ask that the matter be placed on a future agenda.
E. PRESENTATIONS -
1. Presentation: The Collings Foundation Wings of Freedom Tour at the
Marana Regional Airport Apri117-20 (Charlie Mangum)
ANNOUNCEMENTS/UPDATES -
PROCLAMATIONS - Arizona Work Zone Safety Awareness Week (Jocelyn
Bronson)
F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
H. STAFF REPORTS
GENERAL ORDER OF BUSINESS
I. CONSENT AGENDA
~oWN oF REGULAR COUNCIL MEETING
NOTICE AND AGENDA
9:: p~ q; Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
qRIZONP
April 1, 2008, at or after 7:00 p.m.
The Consent Agenda contains items requiring action by the Council which are
generally routine items not requiring Council discussion. A single motion will
approve all items on the Consent agenda, including any resolutions or
ordinances. A Council Member may remove any issue from the Consent agenda,
and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
1. Resolution No. 2008-46: Relating to Public Works; approving and
authorizing an intergovernmental agreement between the State of Arizona
Department of Transportation and the Town of Marana for the inspection of
National Bridge Inventory inventoried bridges owned by the Town according
to the National Bridge Inspection Standards (Barbara Johnson)
2. Resolution No. 2008-47: Relating to Development; approving and
authorizing a fmal plat for Casas De Miguel (Kevin Kish)
3. Resolution No. 2008-48: Relating to the Marana Regional Airport;
approving and authorizing a contract with Sundt Construction Inc. for
$1,787,259 for a new fire protection water line at the Marana Regional
Airport (Charlie Mangum)
4. Resolution No. 2008-49: Relating to Development; approving a release of
Assurance for The Villas at Continental Ranch and acceptance of pubGc
improvements for maintenance (Keith Brann)
5. a. Ordinance No. 2008.09: Relating to Taxation; adopting "The 2008
Amendments to the Tax Code of the Town of Marana" by reference;
establishing an effective date; providing for severability and providing
penalties for violations (Erik Montague)
b. Resolution No. 2008-50: Relating to Taxation; declaring as a public
records that certain document filed with the Town Clerk and entitled "The
2008 Amendments to the Tax Code of the Town of Marana" (Erik
Montague)
6. Resolution No. 2008-51: Relating to Community Development; granting
$2,500 in discretionary funding to the Marana High School Students
Together Against Narcotics and Drinking, a student-run grassroots
organization, to support "The After Party" event to keep Marana youth out
of harms way after the prom (T. Van Hook)
7. Resolution No. 2008-52: Relating to Community Development; granting
$5,000 in discretionary funding to Build Up Purpose, an Arizona 501 (c)(3)
non-profit organization to support programs that offer positive activities for
Marana youth and families (T. Van Hook)
tOWN Op REGULAR COUNCIL MEETING
NOTICE AND AGENDA
~ ,
9 : ' + ~ Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
qRIZONP
April l, 2008, at or after 7:00 p.m.
8. Ordinance No. 2008.10: Relating to Public Works; amending sections
25.01.02, 25.02.04 and 25.02.05 of the Marana Stormwater Management
Ordinance (Marana Land Development Code Title 25) to conform to new
Arizona Department of Environmental Quality Requirements; and
establishing an effective date (Barbara Johnson)
9. Minutes of the March 11, 2008 special meeting and the March 18, 2008
regular meeting.
J. COUNCIL ACTION
1. a. Executive session pursuant to A.R.S. § 38 431.03 (A)(1) for discussion
about and with Town Magistrate Jim West concerning reappointment.
b. Discussion and possible action concerning whether to reappoint Jim West
as Town magistrate. (Deb Thalasitis)
2. Citizen's Task Force to Review Mayor and Council Compensation (Mike
Reuwsaat)
K. BOARDS, COMMISSIONS AND COMMITTEES
L. ITEMS FOR DISCUSSION/POSSIBLE ACTION
1. State Le~islative Issues: Discussion/Direction/Action regarding all pending
bills before the Legislature (Mike Reuwsaat/Steve Romero)
M. EXECUTIVE SESSIONS
1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask
for discussion or consultation for legal advice with the Town Attorney
concerning any matter listed on this agenda.
2. Executive Session pursuant to A.R.S. §38-431.03 (A)(1), (3) and (4) for
discussion or consideration of employment, assignment, appointment,
promotion, demotion, dismissal, salaries, disciplining or resignation of
public officer, appointee or employee of Marana, and legal advice and
direction to its representatives concerning negotiations and possible
agreement relating to same.
~oWN oF REGULAR COUNCIL MEETING
NOTICE AND AGENDA
9 ` A ~ Council Chambers
3 11555 W. Civic Center Drive, Marana, Arizona 85653
qRIZONp
April l, 2008, at or after 7:00 p.m.
3. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7),
discussion or consultation for legal advice with the Town's attorneys and
discussion and to consider its position and instruct the Town Manager and
staff concerning various water rights, water service, water acquisition,
sewer service and related issues, including without limitation (a) the lawsuit
entitled Town of Marana v. Pima County, Maricopa County Superior Court
No. CV2008-001131, (b) the lawsuit entitled Pima County v Town of
Marana, Pima County Superior Court No. C20077448, (c) possible
acquisition of Tucson Water infrastructure and accounts located within the
Marana town limits.
4. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider
the Town's position and instruct its representatives regarding negotiations
for the purchase of property rights needed for the Twin Peaks interchange
project, CIP number 2001-44, from the parcels of property generally
identified as Pima County Assessor's parcel numbers, 226-15-008B, 226-15-
017B, 226-15-018B and 226-15-019A, and to instruct the Town's attorneys
in settlement negotiations and contemplated condemnation proceedings
relating to the same property rights.
N. FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion of what items to place on the
agenda, if three or more council members request an item to be placed on
the agenda, it must be placed upon the agenda for the second regular town
council meeting after the date of the request (Marana Town Code, Title 2,
Chapter 2-4, Section 2-4-2 B)
O. ADJOURNMENT
_ _
* ARIZONA WORK ZONE SAFETY AWARENESS WEEK *
WHEREAS, the theme of the upcoming Arizona Work Zone Safety Awareness Week, which
begins April 7, and goes through April 11, 2008 is "Slow for the Cone Zone;" and
WHEREAS, the most recent statistics indicate there were over 43,000 persons injured
nationwide in work zones which resulted in 31 fatalities in Arizona and 1010 nationwide; and
WHEREAS, the primary goal of Arizona Work Zone Safety Awareness Week is to urge both
motorists and workers to take basic steps, including staying alert, giving their full attention to
the roadway, and recognizing the orange and/or green signs along roadways that indicate work
zones to help save lives and prevent injuries in work zones; and
WHEREAS, the Town of Marana is joining a coalition of other organizations, including the
Governor's Office of Highway Safety, Friends and Families of Roadway Workers, Associated
General Contractors - Arizona Chapter, National Traffic Safety Institute, Metro Networks, AAA
Arizona, Granite Construction Company, Pima County Department of Transportation, the City of
Tucson Department of Transportation, the Pima Association of Governments, Maricopa County,
the City of Phoenix and others in undertaking the campaign by issuing a call to action to all
drivers with the express goal of saving lives to help Arizonans during another season of road
construction in the Copper State.
NOW, THEREFORE, the Mayor and Council of the Town of Marana, publicly endorse
Arizona Work Zone Safety Awareness Week from April 7-11, 2008
"Slow for the Cone Zone"
and request that the Town of Marana be added to the list of organizations and
municipalities supporting this important project.
~/j'~..~
Ed Honea, Mayor
ATTEST:
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= CORooo TE ~ ,
:
locelyn C. Bronson, Town Clerk T
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~OWN OF
TOWN COUNCIL
MEETING TOWN OF MARANA q~. ;
INFORMATION
'~RIZON~'
MEETING DATE: April 1, 2008 AGENDA ITEM: I. 1
TO: MAYOR AND COUNCIL
FROM: Barbara F. Johnson, Director of Public Works
SUBJECT: Resolution No. 2008-46: Relating to Public Works; approving and
authorizing an intergovernmental ~greement between the State of
Arizona Department of Transportation and the Town of Marana
for the inspection of National Bridge Inventory inventoried
bridges owned by the Town according to the National Bridge
Inspection Standards.
DISCUSSION
The Town of Marana and the State of Arizona Department of Transportation (ADOT) wish to
enter into an agreement whereby the Town authorizes the State to perform National Bridge
Inspection Standards (NBIS) inspections on bridges owned or controlled by the Town.
Under the NBIS, with some exceptions, the State must inspect, or cause to be inspected, all
highway bridges located on public roads. The NBIS requirements for inspection frequency and
procedures that each State must follow include routine, in-depth, underwater and critical member
fracture inspections, load rating, and scour plans of action.
The objective is to promote consistent inspection methodologies throughout the State, and the
State will cover the cost of Town bridge inspections by adjusting the percentage of Federal
bridge funding allocated to off-system highway bridges.
The Town will allow the State to inspect NBIS inventoried bridges owned by Town according to
NBIS and grant the State any necessary Rights of Entry or permits at no fee for the completion of
the State's tasks under this Agreement. In addition, the Town will provide the State all the
necessary and relevant information and documents such as copies of bridge plans, average daily
traffic counts, known deficiencies of the existing structures and additions/deletions to its bridge
inventory and notify the State of all new or existing structures that may meet the NBIS
inventoried bridge definition or notify the State of any NBIS inventoried bridge removal,
transfer, or change of ownership. The Town will also provide traffic control at no fee during the
bridge inspections by the State when necessary. Once the Town perfortns the recommended
repair work, that information and the completion date will be forwarded to the State.
ATTACHMENTS
Intergovernmental agreement with the State of Arizona.
IGA-ADOT 03/24/2008
RECOMMENDATION
Staff recommends adoption of Resolution No. 2008-46, approving and authorizing the execution
of the intergovernmental agreement between the State of Arizona Department of Transportation
and the Town of Marana.
SUGGESTED MOTION
I move to approve Resolution 2008-46.
-2-
MARANA RESOLUTION NO. 2008-46
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING AN
1NTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA
DEPARTMENT OF TRANSPORTATION AND THE TOWN OF MARANA FOR THE
1NSPECTION OF NATIONAL BRIDGE INVENTORY INVENTORIED BRIDGES OWNED
BY THE TOWN ACCORDING TO THE NATIONAL BRIDGE INSPECTION STANDARDS.
WHEREAS, the State is ordered by 23 United States Code 151, the Federal Highway
Administration (FHWA) in coordination with the American Association of State Highway and
Transportation Officials (AASHTO) to implement bridge inspection standards under 23 Code of
Federal Regulations 650 subpart C, The National Bridge Inspection Standards (NBIS); and
WHEREAS, the NBIS requires that the State must inspect, or cause to be inspected, all
highway bridges located on public roads with some exceptions; and
WHEREAS, the objective is to promote consistent inspection methodologies throughout
the State; and
WHEREAS, the State will cover the cost of Town bridge inspections by adjusting the
percentage of Federal bridge funding allocated to off-system highway bridges; and
WHEREAS, the Mayor and Council of the Tovc~n of Marana feel it is in the best interest
of both the State of Arizona and the Town of Marana to enter into this intergovernmental
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, an intergovernmental agreement between the State of Arizona acting by
and through its Deparhnent of Transportation and the Town of Marana for the inspection of
National Bridge Inventory inventoried bridges owned by the Town according to the National
Bridge Inspection Standards is hereby approved, and the Mayor is authorized to execute it for
and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the intergovernmental agreement.
PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1 St day of April, 2008.
Ed Honea, Mayor
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
' ADOT File No.: IGA/JPA 08-009 I
AG Contract No.: P001-2008-000159-7
, Project No.:
: Project: Bridge Inspection
Section:
TRACS No.: MAINTAGR
Budget Source Item No.: N/A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
TOWN OF MARANA
~ ~ ~y t ~ m ~ ~ ~ ;
THIS AGREEMENT is entered into this date - , 2008, pursuant to
the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA,
acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the TOWN OF
MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town"). The State and the Town
are collectively referred to as "Parties".
I. RECITALS
1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and
has delegated to the undersigned the authority to execute this Agreement on behalf of the State.
2. The Town is empowered by Arizona Revised Statutes § 11-952 to enter into this Agreement and
has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this
Agreement and has authorized the undersigned to execute this Agreement on behalf of the Town.
3. By order of 23 United States Code 151, the Federal Highway Administration (FHWA) in
coordination with the American Association of 5tate Highway and Transportation Officials (AASHTO) has
implemented bridge inspection standards under 23 Code of Federal Regulations 650 subpart C, The
National Bridge Inspection Standards (NBIS). The NBIS requires that State must inspect, or cause to be
inspected, all highway bridges located on public roads, with some exceptions. The NBIS outline
requirements for inspection frequency and procedures that each State's must follow, including routine, in-
depth, underwater and fracture critical member inspections, load rating, and scour plans of action.
Compliance with of the NBIS is a required component in order to be eligible for Federal-Aid Highway
Bridge funding.
4. A local agency has the authority to perform NBIS inspections on its Public bridges. Currently,
some local agencies throughout the State perform such inspections. This agreement does not preclude a
local agency from requesting to perform NBIS inspections on its public bridges.
5. The Parties wish to promote consistent inspection methodologies throughout the State.
6. The State will cover the cost of Town bridge inspections through adjusting the percentage of
Federal bridge funding allocated to off-system Highway Bridges.
7. The State and the Town wish to enter into an agreement whereby Town authorizes State to
perform NBIS inspections on bridges owned or controlled by the Town.
THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows.
' Page 2 IGA/JPA 08-009
II. DEFINITIONS
NBI Inventoried Bridge:
A structure including supports erected over a depression or an obstruction, such as water, highway, or
railway, and having a track or passageway for carrying traffic or other moving loads, and having an
opening measured along the center of the roadway of more than 20 feet between undercopings of
abutments or spring lines of arches, or extreme ends of openings for multiple boxes; it may also include
multiple pipes, where the clear distanee between the openings is less than half of the smaller contiguous
opening.
National Bridge Inspection Standards (NBIS):
Federal regulations establishing requirements for Inspection procedures, frequency of inspections,
qualifications of personnel, inspection reports, and preparation and maintenance of a State bridge
inventory. The NBIS apply to all structures defined as bridges located on all public roads.
Public Road;
Any road under the jurisdiction of and maintained by a public authority and open to public travel.
III. SCOPE OF WORK
1. The State wilL
a. Inspect NBt inventoried bridges owned by Town according to the NBIS.
b. Communicate with Town on a timely basis and inform Town of the start date of the bridge
inspection; and offer to meet with the designated representatives of Town to discuss the inspection.
c. Forward the copies of completed bridge inspection report documents to the Town in a timely
manner, if other activities are undertaken by the State, forward the copies of the relevant documents
generated for these tasks to the Town.
d. Record the updated Bridge Inspection data in the ADOT database and transmit annually to
the Federal Highway Administration (FHWA).
e. The State will not carry out any recommended maintenance or repair activities for Town
bridges.
2. The Town will:
a. Allow and authorize the State to inspect NBI inventoried bridges owned by Town according
to NBIS.
b. Grant the State any necessary Rights of Entry or permits at no fee for the completion of the
State's tasks under this Agreement.
c. Provide the State all the necessary relevant information and documents such as copies of
bridge plans, average daily traffic counts, known deficiencies of the existing structures and
additions/deletions to its bridge inventory.
d. Notify the State of all new or existing structures that may meet the NBI inventoried bridge
definition. Also notify the State of any NBI inventoried bridge removal, transfer, or change of ownership.
e. Provide traffic control at no fee during the bridge inspections by the State when necessary.
f. Once Town performs the recommended repair work, forward the information and the
completion date to the State.
' Page 3 IGA/JPA 08-009
IV. MISCELLANEOUS PROVISIONS
1. State may carry out its activities under this Agreement through consultants.
2. The State will not carry out any maintenance or repair activities for local agency bridges.
3. On its own discretion, Town may accompany State or Consultant bridge inspection team to the
bridge site and actively participate in the inspection or be an observer.
4. Town may obtain a second opinion at Town expense whenever it does not agree with the State's
findings and recommendations for bridge maintenance or repairs. A second opinion shall be obtained by
hiring qualified bridge inspection engineers to perform an inspection per NBIS and accepted bridge
inspection procedures and practices and submit the completed bridge inspection documents to the State
for review and acceptance. The State will make a final recommendation.
5. The Parties to this Agreement agree that neither party shall be indemnified or held harmless by
the other party. However, the Parties further agree that each party shall be responsible for its own
negligence. Neither the State, nor any of its officers, employees, or contractors shall be liable for any
damage occurring to the Town structure nor liability for any damages liability to third party unless the
State or its officers, employees, or contractors cause the damages.
6. This Agreement shall become effective upon filing with the Secretary of State.
7. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511.
8. The Parties agree to submit any disputes arising under this Agreement to binding arbitration
before the American Arbitration Association; except for any parties involved in the dispute other than the
State and local agency, venue shall lie in Maricopa County Superior Court, Phoenix Arizona.
9. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered
in person or sent by mail, addressed as follows:
Arizona Department of Transportation Town of Marana
Korina Lopez Public Works Director
Joint Project Administration Attn: Barbara Johnson
205 S. 17th Avenue, Mail Drop 616E 11555 W. Civic Center Dr.
Phoenix, Arizona 85007 Marana, Arizona 85653
(602) 712-8753 (520) 382-1999
(602) 712-3132 Fax (520) 382-2640 Fax
10. This Agreement is subject to all applicable provisions of the Americans with Disability Act (Public
Law 101-336, 42 U.S.C. 12101-12213) and all applicable Federal regulations under the Act, including 28
CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 99-4
issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-
Discrimination".
11. Non-Availability of Funds: Fulfillment of the obligation of the State under this Agreement is
conditioned upon the availability of funds appropriated or allocated for the pertormance of such
obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement
may be terminated by the State at the end of the period for which the funds are available. No liability shall
accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable
for any future payments as a result of termination under this paragraph.
Page 4 ~ IGA/JPA 08-009
12. In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated
herein is the written determination of each party's legal counsel and that the parties are authorized under
the laws of this State to enter into this Agreement and that the Agreement is in proper form.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written.
TOWN OF MARANA STATE OF ARIZONA
Department of Transportation
By -
ED HONEA
Mayor gy
SAM MAROUFKHANI, P.E.
Deputy State Engineer, Development
ATTEST:
~
By
CELYN . BRONSON
lerk
~OWN OF
TOWN COUNCIL
MEETING TOWN OF MARANA 9~ ;
INFORMATION
qR1ZON~'
MEETING DATE: April 1, 2008 AGENDA ITEM: I. 2
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Directar
SUBJECT: Resolution No. 2008-47: Relating to Development; approving and
authorizing a final plat for Casas De Miguel.
DISCUSSION
Reauest
The request is for final plat approval of a 5-lot single family home subdivision on 18 acres.
Location
The proposed subdivision is located on the northwest corner of Camino De Oeste and Lambert
Lane.
Zoning
The zoning for the site is "R-144" (single family residential, minimum lot size of 144,000 square
feet). The minimum lot size of this proposed subdivision is 144,008 square feet (Lot 2) with an
average lot size of 145,599 square feet. This development is subject to the rezoning conditions
of Marana Ordinances 2002.16 and 2007.29. In order to comply with the 30 percent maximum
site disturbance limitation of ordinance 2007.29, maximum disturbance limitations have been set
for each lot. The custom homes will be built within approved building envelopes established by
the lot owners as part of the grading permit process.
Transaortation and Utilities
Access to this custom-built subdivision will be provided from a private street (Placita Madre
Isabella) off of Camino De Oeste. Approximately 0.1 miles of private streets will be constructed
to town standards for this project. The subdivision will be served by Tucson Water. Each lot
will have a septic system approved by Pima County Department of Environmental Quality due to
the lack of gravity flow to a nearby sewer. Any houses permitted after July 1, 2008 will be
required to pay the adopted Northeast Transportation Development Impact Fee.
Parks
Since the gross density of this subdivision is only 0.28 residences per acre, the Marana Land
Development Code doesn't require an on-site park. All houses are required to pay the adopted
park impact fee at time of building permit.
040108 PRV-07042 Casas De Miguel FP
ATTACHMENTS
Application, location map and reduced final plat.
RECOMMENDATION
Staff has reviewed the application for compliance with the Marana Land Development Code and
the Marana General Plan. This final plat is in conformance with all required development
regulations. Staff recommends approval of the final plat for Casas De MigueL
SUGGESTED MOTION
I move to approve Resolution No. 2008-47.
-2-
040108 PRV-07042 Casas De Miguel FP
MARANA RESOLUTION NO. 2008-47
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT
FOR CASAS DE MIGUEL.
WHEREAS, Mike and Wendy Lee, the property owners of Casas De Miguel, have
applied for approval of a final plat for a 5-lot single family home subdivision on 18.04 acres,
including lots 1 through 5, and generally located on the northwest corner of Camino De Manana
and Lambert Lane, within Section 12, Township 12 South and Range 12 East; and
WHEREAS, the Town Council, at their regular meeting on April 1, 2008 has determined
that the Casas De Miguel final plat should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that Casas De Miguel final plat, a 5-lot single family home subdivision and
generally located on the northwest corner of Camino De Manana and Lambert Lane, within
Section 12, Township 12 South and Range 12 East is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1 st day of April, 2008.
ATTEST: Mayor Ed Honea
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Council Meeting - 04-01-2008
The Casas De Miguel (Item I.2) exhibit is on file and
available for viewing from 8:00 a.m. to 5:00 p.m. Monday
through Friday excluding holidays, at the office of the
Town Clerk, 11555 W. Civic Center Drive, Marana, AZ
85653.
TOWN COUNCIL `owN oF
MEETING TOWN OF MARANA q ;
INFORMATION
qR1ZON~'
MEETING DATE: April 1, 2008 AGENDA ITEM: I. 3
TO: MAYOR AND COUNCIL
FROM: Charles E. Mangum, Airport Director
SUBJECT: Resolution No. 2008-48: Relating to the Marana Regional Airport;
approving and authorizing a contract with Sundt Construction
Inc. for $1,787,259 for a new fire protection water line at the
Marana Regional Airport.
DISCUSSION
The Town of Marana has received $1,890,000 in State Aviation Grants from the Arizona
Deparhnent of Transportation Aeronautics Division to fund the design and construction of a new
fire protection water line at the Marana Regional Airport. The design of this project was
completed by Carter & Burgess. Sundt Construction provided pre-design construction services
as part of their Construction Manager at Risk (CM@R) contract with the Airport for this project.
Sundt Construction has submitted a Guaranteed Maximum Price of $1,787,259 to construct the
Marana Regional Airport Fire Protection Water Line. This price also includes a 3% allowance in
the amount of $42,660 to fund Town of Marana Water Department inspections of this project.
The Marana Regional Airport has $1,800,000 in approved budgeted funds for this project in
capital improvement project 2006-80 "Airport Fire Protection Water Line."
ATTACHMENTS
Map of the Marana Regional Airport Fire Protection Water Line; Overall GMP cost spreadsheet,
Detailed GMP Site Work spreadsheet; GMP Contract Schedule
RECOMMENDATION
Staff recommends Council adoption of Resolution No. 2008-48.
SUGGESTED MOTION
I move to approve Resolution No. 2008-48.
Airport Fire Protection Water Line GMP 4/1/2008
MARANA RESOLUTION NO. 2008-48
RELATING TO THE MARANA REGIONAL AIRPORT; APPROVING AND AUTHORIZING
A CONTRACT WITH SUNDT CONSTRUCTION 1NC. FOR $1,787,259 FOR A NEW FIRE
PROTECTION WATER L1NE AT THE MARANA REGIONAL AIRPORT.
WHEREAS the Mayor and Council find that the terms and conditions of the contract with
Sundt Construction Inc. are in the best interest of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the contract between the Town of Marana and Sundt
Construction Inc. attached to and incorporated by this reference in this resolution as Exhibit A is
hereby approved, and the Airport Director is hereby authorized to execute it for and on behalf of
the Town of Marana.
BE IT FURTHER RESOLVED that the Airport Director and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the aforementioned contract.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 St day of April, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
AI~t~Ni}MENT NC}. l T{~ AGR~EMENT
BETWEEN OWNER AND CC)NSTRU~TI(3N MANAGEit
Pursuant to Paca~raph 2.2. af the Agreetnent, dated 11~ax~ch 22, 2QU7 betw~~n Tcrwn of 3Vl~rana (CJrvrter) and ~undt
Ctrns#rucfit~n, Inc, (Cor~stn~ction,Ma~rager); fc~r Marana Re~ional Airport Fire Pratection Waterlinc I~hase 1(tlre
Frt~jectl, th~ C?wner and C~nstruction Mana~~r establish a Gu~razttecd Maximurr~ Pxice and' Contrac# Tirne for the ~~Vor~
as set f€~rt~ bclo~u:
ARTICLE 1
GUAItAN'T'EET) t1^1AXIMUM FRIGE
Thc C~n~truceivn Mana~er's G~aranieed M~i~uzn Price f.ar xhe Wark, inGiuding e~e estimaCed ~~st af t3a~ W~rk` as
defin~d in Article 6 and the C~nstr~et~oa Manag~r's Fe~ as defin~d in Artacle 5, is
Oae Mill~on, Seven tiuntir~d, Eighty ~even Thausand, Twa hundred, ~'i€ty-nine Dallars 1,'787.259).
'T~ias Price is for th~ perfnrrr~an~;e of the Wt~rk in accorrlance with the Gontract T~ocuments listed and attach~d to this
Ari~endment ac~ci mark~d E~hibits A thr4ugh F as followst
~~ik~ii A Drawiagsf 5p~ci~catiat~s, adcCenda>and G~neral, Suppletnentary anci och~r Gonditions ot the C~ntr~ct t~n
~~rhici~ the Guaranteed Maximut~ Price is based~ pa~es l throu~h 2, d~ted Nt~r~h 3, 2t7Q8.
Exhiksit B t~ll~au!artc~ it~ms, pa~es 1 thrnuglt 1, dat~el March``3, 241C~8.
Exhibi€ C Assumptic~ns and c3arzfications made in preparing the ~'iuara~teeci iVta~citzium P'rice, pages 1 throu~h 4„
datc.~t3 `Mareh 3. 2tk18.
~xi~ibit D Comgtetic~n ~chedul~ pa~es lA throu~h ~A, dated March 3, 20{}8.
~xh~bit E AIternate prices, pages 1 through I> dated March 3, 20~8.
Exhibit F ~i~ GI~+IP pticin~. Pages I throu~,h 3, dated March 3, 2QQ$.
ARTI~~,E II
~UI~A'T`RA;CT TIME
Tl~e da~e af 5uhstanciat C~mpi~tian establis~ed by tf~is Amenckme~t is; .Tuly 24, 2~$.
dW~l~ft: Cf)I~3STRUCTFON MAI`+IAGER:
~#ys g~,•,
C~ate: I?at~:
r~tt~st: ~Attest:
AI~1 Al~llCMe and AGC 565
Rerr~sit~n July 2U05
t
~XI~III3IT .~l
~ ~
f~~
1
aC)CUMENT LIST
Marans Regional Airport Fire Rrc~tectian Waterline Clrawings as prepared ~y Carter ~urg~ss
titl~d "Town of Maran~ proje~t #20fl6-8iJ, Preliminary Pl~ns for Fir~ Protection Wa~~rline;
~at~d Q~~ember 2C~07,~
PLANS
Num~er O~scri tEan Dated
Ccrrrer Sheet '1!~/271t16
G1 Surnm~ of A roximat~ Quanti#ies, Abbreviations ~ntl Le ~nd 10l~7/(3~
~2 General Civil Notes 1 ~I27105
G3 Goortlin~te Pl~n/Surrr~ Cc~ntrc~~ 1a/2710~
C1 Plan and PrafiEes 1 Q/~7106
C2 Pian arrd PrQfiies 1 Ql2?1'~~
G3 Plan and Profifes 1 Cl/27lCf6
C4 Plan and Prc~files ~ Q/27/p~
C5 pfan ~nd Prc~files 1 f7l271{l6
C6 P(an and Pco~les 7Of27ft?6
G7 Pfan and Pro~les 'I0/27/46
~8 Pl~n and Pro~~es ~t~1127106
G~ Pla~t anct Pro~iles 10/27lQ6
C 1!3 Pi~n and Profiles ~ 0127/Q5
G~ ~ Plan and Pro~Ees 1 U/27106
C12 Plan and Pro~Ies ~;Q/~~/0~
C 13 Plan and Profiles 10/2~/0~
C94 Plan and Prafi[es 'Ifll27ft~6
C'15 Plan ~nd Profiie~ 1 ~/27J(36
C16 Pian and Pr~les 1(?1~71t}6
C17 P(an an~l Pro~les 30127f(36
~18 Utilif Crossin Defails ~f Q/27106
~"~s~t~ ~f ~7a~r~r;~
~ar~n~ #~e~r`~r~~J ~4ir~pr~rt ~'ir~ P!r~ca~~~tr~rr fit~~~er L.ira~- t~,~,~7,~ ~7
Number Descri ~ic~n Da#ed
Specifications C'Qctober,
20D7
5~10 Pot~ble l+!Vater ~ystems C7~#ober,
2Qi~7
W-'115 Pipe Bedding and 7rench Backfill C}ctob~r,
2C~07
W-3E~t7 Valve Box Instal~ation C~ciober,
Z~E~7
W-305 Valve Nut E~ensian f~ctober,
~~a~
V1J=330 Air Release Valv~ lnstallation'/," w~" Uctober,
20t~7
W-4~d~ E~rain Ua(ve Assennbly ~ctob~r.
~t707
W-5~3f} ~ire Hydrant lnstall~fic~n Qctc~b~r,
2t1Q7
3Cl~-~ `,~oint'R~strain# f~or Du~tile lron and Pr~lyethytene VIlrapped Octbber,
Duc#ile Iron Water Pi ~s 2~Cl7
3[~3-~ Joint Restrain#s fc~r Ducti[e Ir~n and Palyethylene Wrappee! Oct~ber,
Ductil~ Iran Vllater Pi es 2007
38~ T#~rust Blacks for Water Lines Q~fab~r,
2Cl{l7
~
7`r~t~rr~ ~f t~~~r~ra~
~7~r~t~~ 1~e~ic~rr~i ~trp~rt ~tre f~re~2~c~a~r~ Y~at~r Lir~~- ~~~i~
_
_ _ _ _ _ _
EXHIBIT B
~,t7r:i€t:trc~ tc~~~~n;c:
~~L~ Y? .~il~l 0...~~7
1. Miscell~ne.ous Larrdsc~pe and Hardscape Re~airs ~25,0(}4
~~isting IJtilitie~ kelocatioi~ `~25,000
Town Inspectio~~ ~"e~s ~42,6~iU
7`~~rr ~f ~f~r~rr~
I~f~r~-~n~ Rer~f~r~~l,,~ir~pcirt 1~ir~ #~rat~cti~rr ~V~t~r ~~ca~- ~P~P'
~!F~r~t~ .~4
E.>~.HIF3IT ~
~V~l.Jl
~
Glari~catiorts and As~umptions
~nr
Town t~f Maran~
Marar~a F~egior~al Airpor~
G~llP Na. Fir~ Pr~~ectivn ~Na~erlin~ Phas+~ 1
Sundt Cor~s~tru~tic~n, Inc.
T`ucson, ,~rizona
M~rch 3~ 2008
~ ~ ~
~~~V~~ 1
~l~:~i~..~ ~F ~r~~~~~TSi
PF~C.7J~~T ~}VERV~EttE~. ~ . .~1
A. (IVTENT . . . ~ , ..,....,...~......~~I
CQCJS"~RUCTI~h! SCHEDULE~ ~ , . ,.............~...~I
C. F'FZQ~ECT Ct~NTiN~EhJ~1'.. . . , . • .2
Q, tNSURANCE , . , . .2
. .
E. MISCELLACtfEQUv. , . . ?
li,. CLARIFICATIONS ANC3 AS~UNIP1"IaNS, , ........:.........2
A, ~~NEf~~AL. a
B, ~IUtSCON TW~ - ~IRE PRt3TECTIf3N WATERLINE . . ..................3
~~.TN~3T
PRCJJECT t~VERVtEV1t
A. [NTENT
1. This ~1a~rific~tions and Assumption~ L~ocurnent, tagether witl~ the Marana
Re~ional Airport Fire Pr+~tection Waterfine l~rawiing~ as prepare~f by ~arter
Burgess titled GTown of Marana proje~t #2006-8~, Pre~iminary ~lans for Fire
Pratecfion Waterline, aated ~~c~mber 20fl'7" as de~ined in the E7ac~~ent
List Exhibit A, defin~ tl~e,g~neral scope 4€ the vvr~rk for CN1P Noc9 Fire
Prcafectic~n VIlaterline, utifizing the s~rvi~es ofi Sundf Cc~nstrt~ction
{GM, General ~antractor). Thi~ C(arifica~#ion and A~sumpt~or~s ~ocument is to
t~e included as an E~chibit and ta be made #ul(y a part c~f this Guaranteed
Maximum Price {GlUCR). Thfs G(v1#~ cauers excavation, installatic~n of pipe, fire
hydrar~fs, fitfings, bedding; ~nd t~ack~il fo~ Phase 1 constru~fion>as inclusive
of all work, c~amrnencing S#ation 1~3+5'I.87 and ~nding appraxirnately a#
5tati~n 76+88.92. ~1t1 o#her reauired ~ntork is speci~~allY excluded frQm
th~s GMP, and mav be inclc~ded in a future GMP.
The Guaranteed Maximurn F~r~ice prop~sal is stabjec# ta timely accepfance by
the Town af Marana includir~g the clarificatic~ns stafed Frer~in and other
included or refer~nced documents. ~ur~dt ~~s~rt~es the right to withdraw fhis
propasai if na# acc~pte~ and a Nc~tic~ t~ Proeeed issued by A~. riC 22~, 2(}Q8 t~r
if changes are made tfl t~e prv~ased scope, p~ice, terms andtor conditions.
3; Sundt Construction is also re#erred tv as the "Ce~ns#ructian Manager",
"~c~nstructi~n Manage~ ~t Risk", CM c~Risk" or "~antractor" herein. The
T~wr~ af Marana is alsc~ referred to as fi~e "~3wner" herein.
4: Quanti~ies, mat~ri~l sizin~, and pricing ~re based an tt~e ir~formation sh~wn
on dr~wings as prepareci by C~rt~r 8urg~ss titled `~Tcawn af lt~a~ana project
#2t~t}6-80, Preliminary P~ans f~r Fire F'ratecti~n Wat~:d'me, [~~ted Dec~rnber
2fl477. tf the design is furtf~er reuised, then ti~is will b~e cc~nsici~red a char~ge in
cc~ndition and wiil b~ address~~ t~rrough~ the Chan~e C7rder pr~v~sic~ns
~utline+d in the Gantra~t.
B. Ct3NSTRUCTl+DN SCHEDl1LE
1. Sundt Canstructior~ has prepared and included ~s Exhibit ~ a GPM Schedule
far the Rroj~ct, with~ a run' date of March 3, 2t3~8. ~"t~is ~chedule ind~ca;tes the
dates ft~r~ stark~n~ ~ncf cc~mpletio~ af the vari~us stag~s of ct~nsfructivn and
st~all b~ ~apdated on a r~~ular b~sis t~ r~#lect th~ actual pra~ress ~f th~ wark.
All schedufe fl+~at shall b~long tt~e Contra~cfor.
3. This ~MP pri~ing is based on an ~pprovat and execution of the Cantract and
i~suance of a Notice to Proceed Eay April 22, ~0{18. Adju~#m~nts due to
escalatiQn and t~th~r tirn~ r~lated costs beyond this date would require ~urther
re~iew an~ ~atentiai ad~ustments t~o the p~icing.
4. T~e appravai and execution of the GMP will serve as t~~: N~tic~ To Praceed
to Sund# ~c~ issue Sub~or~tract A~reements ta the approved Subcontrackors
and Vendnrs.
1
. . _ . _ .
PR~IJEGT CC~NTIhlGENCY
1. A Corrtractor's Cc~ntingerrcy is included as part of #h~ ~uarantee~d M~ximum
Price. This conting~ncy is avaiiable to #he Construction Manager tc~ cover
`~#ems not otherwise recoverable by Change C~rder. Ali cos#s associated with
<th~ re~n~m~nt of design det~ils within th~ ~~pe of Wc~rk and within the
st~ndard~ of qu~1~#y and ~uantit~ c~n which th~ Guarante~d Maxim~tm E'rice is
based, ~~sf~ due tp labor disputes, ~c~sts due t~r overrur~s in the perfc~rrn~r~ce
of wvrk with Cc~nstructi~n Manager's own p~rsonrtet, i~crease in bid or
negati~ted' s~abcantra~ts or purchas~ c~rder agr~ements; corrective wor~,
labar di~putes within mant~facturing ~r trartspo~atic~n industri~s causing
t~elays in receipt ~f m~teriais or equipme~t not the fault af t~re Construction
Manager, I~st #im~ due to ac#~ beyand the c~ntrc~i of #h~ Construction
Manager and fixed jobsite co~ts due to these delays are recoverable frnrn the
C~nstruct~~r~ Manage~'s ~c~ntingc~ncy. The ~on~ractor`s Contingen~y is na#
~vailabl~ fpr ~wn~r in~rea~~s in allcrt+vances, ~hanges in th~ S~ape of Wort~
~r design changes.
Ct~ 1N~URANCE
9. SUNDT CUNSTRUCTIC7N shall rnaintain Vllorkrne;~'s Compensativn
lnsurance, Gomprehensive Pubtic Liabitity fnsurance. ~uiltler's Risk
tns~rance, ("All Risk"} form, and Subcc~n~rac#or Default Insurance for fihcs
project far the ~luration o€ the uuc~rl~ with limits ~qual to or ir~ ~xcess of thos~
st~ted in th~ Constructit~n S~nrices Agreement. T`he costs of #he following
insuran~es shal! be reimburse~t at tl~e rates indicat~d:
~ Gompr~h~nsiv~ Public Liability: ~.10°~O of the Go~t a# V1lork.
~~ubcc~n#r~ctor aefaulf'; 1.2~°!a af the #otal'subcontract amount
• Su~car~tractpr g~neraCiiability wrap-up insur~an~ce program {,Z-25) af the
t~tal subcontract am~unt.
E. MlSG~~.!»Af~E{3U5
1. Gons#ru~fian w~l! b~ in ~cccrrdanc~ with #he d~curnents prcavit[eci in the
Cc~ntrac# [}ocument Pac~cag~. Contr~c#or will natify the En~ineer if
Cc~ntr~ctc~r recognizes or bec~mes aware c~~ items that are in conflict with
codes an~d r+eguta#ions, when such potential d'rscrepan~ies are dis~avered.
~~ntcac#or is not res~r~r~sible o~ ~iable for desic~n ar cod~ cc~mpli,anc~.
2. The GtV(P ~ricing is b~sed nn Suneft Gvnstruc#ian billing #c~r and the C)~nrrter
paying for sior~d mat~riais.
II. CLARIF~CAT~QN~ ANt~ ASSl3MPT1CIN~:
A, +GENERAL
2
c3 tJ~~~
No archeolog~cal survey or mitigation is included in tttis GMP.
2. T"his GMP' is b~sed on Sundt Constructivn and its subcantractc~cs using
Ir~dustry ~t~nd~rds m~ar~s and: ~n~thocis. (n the +~vent of conflicts be#ween
fhese ~tandarc~s and the Cantr~ct Dacument~, th~ recognized Indusfry
Standards wiil gov~;rn.
3. Cpntractar si~al) c4ordinate a quality assurance program (m~teria~ testie~g and
special inspections), which wili be paid f4r by the Owner.
4. Regul~t~ry Req~iir~rnent~~
a. C3wner sha[f secure and pay for all governmental approvals and
p~ermi#s.
5. Util,ty connecti~n Fee~:
`a. Uwner shali secure and ,pay f~r al! utili~y cr~nnecti+~ns fee~:
1~ VV~iter M~ters, Taps, and activ~ti~rn ~ees.
2} 5ewer Con~ec#ion fee~.
Plans, specificat~~ns, ancf narrati~es in sufif~cient quantities far bath th~ pr~-
cc~nstruct'ran and ct~nstruc#it~n pF~ases of the prc~Ject w~ilf be pro~rided f~y th~
C~wner af no cc~sf to S~ndt.
B. D~VISIC?N TWC3 - F1RE PRCiTECTIC~?N WA7Ef~LtN~`
1. Ph~se ! Gonstructi4n Lirn~ts are inclusive of al! wflrk, commencing at S#ation
163+51.87 and ending approxim~tely at Sta#~c~n 76+88.~2
a Fumish 8~ [ns#all 1 ea 16" L71P crass 2 ea vatves ~ tie-in's to ~xisting
v+~at~rl'ine
ta. Furnish ~ fnstal( 8662 LF af 16" C-9fI~ PVC Fire fin~ and associated
appurte~ances~
c. ~urnish & Insta11291 LF c~f 16" PG 2~t} D!P Fire line and assc~~iated
apPurtenanc~s.
d. F~arn~sh & Instafl 1446 LF of ~i~" C-9aD F'VC ~ire tine and asso~i~fed
a~purten~r~c~s
e. F~rmish & tnsta11504 LF of 12" PC 35fl aIP Fire Iine and ~ssc~ciafed
appurt~nances,
f. ~umish & Instati 3 ea 1"Air Release Valve Assemblies
c~, Furnish & insta(I 91 ea ~/larana Fire Hydrant Assemblies
Fumish & Install 5 ea 16° Butterfly Ualve Assembties
i. Fumish &[ns#all 15 ea 12~ Cate Vaive Assemblies
j. ~umish &(~stall 8 ea Mar~na D.'V.A. Assemblies
k. 'Fumish & install 210 LF of 42" N€~PE Storm Drain
1. Furnish & Inst~ll '1 ea MAG ~Q1-3 Headwall (Storm Drain +Dutlef)
rn, Spoil hand(e, #he 96" Fire Prafecfivn Lir~e, in its present confguratian,
genera#e 4449 CY af exp~rt (spoi9~: We ha~re in~luded cosfs #o (~ad,
haul (1 mile ane way) dump and knock dawn. Costs tfl compact:spoil at
dum~+site are no# inc(udad.
3
StT.~`o~I~T
n, Blending, mixing or sele~tive rninirtg t~f on-sife soils to pr~duce backfill
materia[s is not includ~d within this GMP. 1t i~ ta assurne fhat onsite
sc~€{s are su~abi~ for bacfcf"rll,
o. Haza~ous rnat~ri~l te~ting, rernediati~r~, rem~ual> ar cfispos~l is r~~t
part of this GMP.
p. Hard di~ging or d~w~tering of trenches are no# included as part af the
GI~IP.
q. All testi~g incCudir~g b~a# n€~t limite~ sail~ compaGtian ancf bact~ria testing
is not par# of this GMP. All testir~g shaill be anntracted ~r~r! pai~ far
dir~ctly 6y the t~wr~er.
ln conft~rmance with the Geo-tech r~port mad~ avaiiable at tt~e time of this docum~nt,
a mi~imurn :~~Ic~pe will be requir~d fc~r all €~pen ~ut sxcavatic~ns.
9~°,!0 ~esign Techrtical S~cifrcations were provided.
4
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FXHIBIT E
~
c:t~ ~»:sr~~~.~~;t`,c~E~: t ~s~:
~L`TERII~TTA'TES
Ther~ are no alternates as~ociated with this ~MP.
7c~~r~ ~af ~i~r°~ri~
A9~r~~n~ f~'egfc~rs~t' ~i~rp~rrt Fire ~r~raf~c~ic~n i~~t~r ~,~rre- Gt'~T~'
~~~~`~J~ 3;
r~F...~ a
Fire L.in~: ~rop+~sarl EXHIB[T F
SUNC~T Gt~~C~TE~UCTICt~I ,
~ ao~~~ o~~~,~~~ ~~N DT
Mr~tCh 3, ~DQ$ ccjr~srr~vcr~v~+,~K~:
M~rana Airport - FMre P~c~tectic~n Wa#er Lin+~ ~xtensic~n
i~has~ t
W~ter Line PVG
GC}C~tSTRUC7ION SYST~M TC}TAL
GEI~IERAL FiEQUIR~M1t1EN~'S $ 8,883
StT~ WQRK $ 1,363,121
Al(owances
Misc. Landscaping and Hardscape Repair ~ 25,OOQ
6xistin~ Utitities Relc~cati~n $ 25,Q~Q
5 -
~aU~Ti~TAL ~ 1.422,Qt}4
DESlGN AND ESTtMATING CONT1fdG~NGY $
Ml~T~RtAL CflST E~CALATIt~hJ None lncluded- 3Q da hr~td' $ -
SUBTC~'TAL $ 1,422,Of~~4
1t~1C?IR~G~ COS'TS
GEt~tE~;AL CONCUITlO1~S 0.5t3% $ 8,947
PUPD INSURAI~ICE 1.1(1%a $ 19,68~1
BUILt7ER'S RISE41f~SUR~k~lGE` ~25~oovk~eductitire OA4%o $ 75{~
BQNQ 0.77°la $ 13,739
Tvwn Inspeciica~s (Alinwance as °fo of Gost of work~ 3,04°!0 $ 42,660
~ONTRA~T~R'S Cf?NTINGENCI' 3.~0°l0 $ ~3,&83
~''a,ALES TAX 5.89U°lo $ 1:Z3,293
C)VERMEAD AIV17' t'RC}FIT 5.7~v°lo 1(?2,$93
Totat S ~.T87,653
_ _ _ _ _ _ _ _ _ . _ _
Il+l/;,RANA R~Gi4[stAL AIRPQF?T ~XNtBIT F
~IRE PiOO7'E~CTI~hI LiNE
~n,~~an~a ~ao~1ti ~~~~~.rnr~
t~llarch 3, 2p08
RHASE I VIIUf2K . Sfa: 1~3+5'i.87 to Sta: TB}88.92
3UhibT INSTALLATlO~I (Lab. & Equip.) G2TY Ul+11T UNI'T PR~C~ BID T~?TAL
10, GLEAR & GRllB 16.t70 ACR~ $1,4Ci8.65 $16,138.40
2~ GQNNEGT `€`O E3~kST"IIVG WATERLINE 1.p0 EA $5,6~Q.64 $~,68Q;64
3C~ 16" FIRE PROT~CTtOtd L!!VE 8954.(}G~ L~ ~29,35 $2~2,799:9t1
40 12" FIRE PRtJT~CTt~N L~NE 195~.t~a LF ~53.61 ~1£?4,539.5{3
54 'I"ARV ASSEMBLY 3.UU EA $'t,t}86.15 $3,25$.d~
60 16" F~UTTERFLY VALV~ 5.0~1 EA $4,15'9.63 $5,7'9~.i5
70 12" GATE VALVE 15.0~ EA $759:04 ~i 1,385<60
8~ ~IRE H1`~?RANT' ASSEMBLY 91.~Q ~f1 $2.330.~a ~25,633.8 a
9Q (3F2/~11i~i VALV~ ASSEMBLY $.~10 EA $1,Dt}4.'13 $$~4~33.t74
it~4 SPOIL FtAN~L~ 4449AQ CY $7.6$ $34,168.32
1`10 PC3THQLE AlRPORT UTlLI'~I~S '1.00 LS $$,2dt~.00 ~8,2UO.Q0
12(} RESTO~tE AtRPOf2T F'~R~M~TER ROAD 1A~22.QU 5Y $3.8~1 ~5.4{13:6t3
130 tNSTALI A2" NDPE STOF2M DRAIN plP~ 21Q.UQ E.F $34,~8 $7,261.8Q
14~ iNSTALL MAG 5U1-3 HEAt}WALL 1.(}{? EA $3,600.5~ $3,fi0t1.54
1~(l STQRtvI [?RAIh7'SPUIL HAN~LE 31~,00 CY $5.13 $1,60fl.56
S118'TOTA~. $5D3,50Z<3't
h1ATERIAL QTY Uhi[T UNIT PFtICE BtD TQTA:L
200 PLlRCHASE 16" F1RELtNE MATERtAL 8,954.DQ t.F $37.46 $~3,5,4i6.84
21(} PUR~HASE 12" F~~2ELlh[E MAT`E~IAL 1~95U,00 LF $~6.96 '$72,072.OU
22i3 Pk.lRGHA~E AFtV MAT~RIAl. 3.04 EA ~911;66 $2,7~4.98
23~ F'URCHAS~ D.V.A. MAl`ERIAL $.Ot} EA $$f~7.2G $6,41~.Q8
24f} f'URCi-lAS~ 16" BUTTERFLY VALVES ~.OO EA $~,62~.81 $13.429.05
Z50 PUR~FfASE 42" GATE UALVES 15.Qm EA $1,74$.9'1 $26,226.15
260 PURCHASE FIRE E-1YL3RAhET ASSEMBLY 11.Qt} EA $3,978.22 $43,76A.42
27C~ PURCH~ISE Gt7NNECTfC7N MATEalAL 1,OQ EA $10,{~67.45 $10,067.4~
28a PURCHASE I~~F21ME7~R RC7A0 MAl`~RIAL 426~OQ TN $13.53 $5,7~~.78
2~fl PURCFIASE STtJRM DRA#N MAT~RI~L LS $24,'#'t8.06 $24,118.t16
SUBTUTAL 5539,698.81
PRQJE~T 3UP'PURT QTY UN17' UNIT PI~iCE BID TOT'Al..
3(3t7 SURVE`f 1.Q0 LS $32,(~0~.!04 ~32,OE~ft:QQ
~10 GQNTRACTOR QUALITY CC)NTROL 1.UG~ LS $31 ~7t10.Qtt $31,7qf}.Op
sw~~~ ~.oa ~:s ~~~,~~o.o~ ~~s,~aa.o~
334 ~IE~.Q SLIPERVISI~N 1t3,00 WK $24~312.04 $243,120.4E7
StJB7t~T'AL $3'19,92{I.Qp
PHASE I RFtOJ~C7 T01'AL 51,363,121.52
Page 2'
EXH{8JT F
~ ~E~sc~~r~~L cosT sc~~DU~.~
M,4RAMA R~GIONAL AiRPtJRT- FfRE ~'~C?TFGTtC?N WATERLINE
Billing
!'as"rtian Rat~a Cast
AI~EA MA~}~GER $ 1tf8.8D fHR'
(~PERATIt,~NS M~INAGER ~ 111.4Q /HR
t'Rf~JECT ~IRECTC}R $ 1Q8.80 !MR
PROJE~T MARIAGER ~ 1f~1.20 tHFt
['R~-CONS7RIJCTIC3IV MANA~ER $ 1f18.$0 IHR
SENICIR ESTtIvIAT~R $ '1tf1.20 /MR
ESTtMATt~R $ 84.OQ /HR
PRf)J~CT SUP~RII~(T~NDENT $ $3.75 fFtR'
PRC7JEC7 EI~GI(~E~F2 ~ 70.~(? !HR
FI~L~ EN~INEER ~ ~2.1 C} IHR
GL~RECA~ PERSONNEL $ ~B.CIt} (HR
PR(JJE~T ADNIiI~l~TRATQF: $ 4f.Q(? /HF2
~raftst»en
FOREMAN $ 47.d6IHR
'TEANiS7'~R $ 38.OOIHFt
~PERATC+R ~i 46.UO /NR
LA80R ~ 35.Ot? IHR
~lote:
The abave rat~s ~re inclusi~e af local frauel an~ subsisfance ~ersts and atl misceltaneous expenses.
T`he abc~ve r~tes are eff~ctive frr~m J~r~u~ry 18, ~C}OB through ~eptember 30, 2008.
Rates wilt be.reviewed and,adjusted effe~#ive t~ctober 1st af each year;
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1pNN OF
TOWN COUNCIL
MEETING TOWN OF MARANA 9~: ;
INFORMATION
qRIZON~'
MEETING DATE: April l, 2008 AGENDA ITEM: I. 4
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E., Town Engineer
SUBJECT: Resolution No. 2008-49: Relating to Development; approving a
release of Assurance for The Villas at Continental Ranch and
acceptance of public improvements for maintenance.
DISCUSSION
This resolution will release the Assurance between Richmond American Homes of Arizona,
Fidelity National Title and the Town of Marana, regarding The Villas at Continental Ranch as
depicted on Exhibit A. The Villas at Continental Ranch subdivision is comprised of lots 1
through 50 and Common Areas `A1' through `A14, and `C1'.
In releasing said Assurance, the Town of Marana will accept for maintenance, including
regulatory traffic control signs and street signs, approximately 0.38 miles of the following paved
streets:
• Finfrock Drive
• Beltran Place
• Tinsley Place
• Blandford Drive
ATTACHMENTS
Exhibit A- Map of streets to be accepted ~
RECOMMENDATION
Staff recommends release of the Assurance for The Villas at Continental Ranch and acceptance
of the public improvements for maintenance.
SUGGESTED MOTION
I move to approve Resolution No. 2008-49.
The Villas at Continental Ranch Lots 1-SO Full Release
MARANA RESOLUTION NO. 2008-49
RELATING TO DEVELOPMENT; APPROViNG A RELEASE OF ASSURANCE FOR THE
VILLAS AT CONTINENTAL RANCH AND ACCEPTANCE OF PUBLIC IMPROVEMENTS
FOR MAINTENANCE.
WHEREAS, The Villas at Continental Ranch is a 12.14 acre subdivision located north of
Silverbell Road, and west of Coachline Boulevard, containing lots 1-50, and common areas
`A1'through `A4', and `C1', and is recorded at the Pima County Recorder's Office in Book 61 of
Maps and Plats, Page 71; and
WHEREAS, the Town has an Assurance for the completion of public improvements; and
WHEREAS, Richmond American Homes of Arizona, has completed the public
improvements acceptable to Town standards in accordance with the Assurance Agreement for
The Villas at Continental Ranch.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Section 1. The Villas at Continental Ranch is hereby released from the Assurance Agreement
with Richmond American Homes of Arizona under Trust 903.
Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control
and street signs, approximately 0.38 miles of the following paved streets as shown on Exhibit A:
• Finfrock Drive
• Beltran Place
• Tinsley Place
• Blanford Drive
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1 st day of April, 2008.
Mayor Ed Honea.
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Maiana Resolution No. 2008-49
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I
TOWN COUNCIL tOWN p~
MEETING TOWN OF MARANA 9::: ;
INFORMATION
qRIZONp
MEETING DATE: April 1, 2008 AGENDA ITEM: I. 5. a
TO: MAYOR AND COUNCIL
FROM: Erik Montague, Finance Director
SUBJECT: Ordinance No. 2008.09: Relating to Taxation; adopting "The 2008
Amendments to the Tax Code of the Town of Marana" by
reference; establishing an effective date; providing for severability
and providing penalties for violations.
DISCUSSION
The League of Arizona Cities and Towns has forwarded the 2008 amendments to the Model
Cities Tax Code for the Town of Marana. Following each legislative session Arizona cities and
towns, through the Unified Audit Committee (UAC), review new State laws to determine areas
of the Model City Tax Code that require adjustment to maintain conformity with State law. As
the UAC prepares and approves tax code changes they are forwarded to the business community
for comment, and then to the Municipal Tax Code Commission for final approval before
presenting them to town councils for adoption.
In February 2008 the Municipal Tax Code Commission approved changes to out-of state sales,
deductions for certain solar energy devices and the exclusion of architectural and engineering
fees included in construction contracts.
The attached Model City Tax Code changes, summarized below, were approved by the
Municipal Tax Code Commission in February.
Out-of-State Sales
• Section 100, de~nition changed for "Out-of-State Sale" - Change eliminates
subsection (2), which required the sale must be to a non-resident to qualify. Concerns
were expressed that this requirement may potentially violate constitutional protections of
interstate commerce.
• Section 100, eliminate Model Option #1 within defmition of "Out-of-State 5ale" -
Model Option #1 allowed exemption of Out-of-State Sales without regard for where the
order was placed. Viewed in conjunction with the preceding item, this option effectively
broadened the exemption far beyond the original intent. All cities and towns that had
selected Model Option #1 have agreed with this change.
2008 Tc~.r Code Amendments - Ordinance 3/24/2008 10: 29 AM EM
Solar Ener~v Devices
• Section 100, definitions added for "Solar Daylighting" and "Solar Energy Device" -
Additions related to the following conforming change allowing a new deduction for the
sale and installation of a Solar Energy Device. Language is identical to A.R.S. 42-
5001(14) & (15).
• Section 415, 416, 417: Conforming deduction for Solar Energy Devices - Subsections
are added to create a new deduction for the provision and installation of a Solar Energy
Device under the Contracting categories. Language is identical to that found in A.R.S.
42-5075(B)(14), including the sunset date of January 1, 201 l.
• Section 465, Conforming exemption for Solar Energy Devices - Subsection is added
to include a conforming exemption for sales of Solar Energy Devices. Language is
identical to A.R.S. 42-5061(N).
Architectural and En~ineering Fees
• Section 415, 416, 417: Conforming exclusion of gross income from Architectural and
Engineering fees - Subsections are added to create a new conforming exclusion of gross
income related to the "direct costs" of architectural and engineering services included in a
construction contract. Language is identical to that found in A.R.S. 42-5075(J).
Effective Date
• All proposed changes are effective from and after July 1, 2008.
BUDGETARY IMPACT
Changes to out of state sales and solar energy devices are not expected to have a significant
impact to the Town. The exemption of architectural and engineering fees could have a negative
impact on contracting sales taxes depending on the structure of the underlying construction
contract.
ATTACHMENTS
2008 Amendments to the Tax Code.
RECOMMENDATION
Staff recommends that Council adopt an Ordinance implementing the 2008 amendments to the
tax code of the Town of Marana.
SUGGESTED MOTION
I move to adopt Ordinance 2008.09.
-2-
MARANA ORDINANCE NO. 2008.09
RELATING TO TAXATION; ADOPTING "THE 2008 AMENDMENTS TO THE TAX
CODE OF THE TOWN OF MARANA" BY REFERENCE; ESTABLISHING AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING
PENALTIES FOR VIOLATIONS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA:
Section 1: That certain document known as "The 2008 Amendments to the Tax
Code of the Town of Marana," three copies of which are on file in the office of the Town
Clerk of the Town of Marana, Arizona, which document was made a public record by
~ Resolution No. 2008-50 of the Town of Marana, Arizona, is hereby referred to, adopted
and made a part hereof as if fully set out in this ordinance.
Section 2: Any person found guilty of violating any provision of these
amendments to the tax code shall be guilty of a class one misdemeanor. Each day that a
violation continues shall be a separate offense punishable as herein above described.
Section 3: If any section, subsection, sentence, clause, phrase or portion of this
ordinance or any part of these amendments to the tax code adopted herein by reference 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.
Section 4: The provisions of sections 1 through 3 of this ordinance shall be
effective from and after July 1, 2008.
PASSED AND ADOPTED by the Mayar and Council of the Town of Marana, Arizona,
this ls` day of April, 2008.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
2008 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
Section 1. Section 8-100 of the Tax Code of the Town of Marana is amended to read:
Sec. 8-100. General definitions.
For the purposes of this Chapter, the following definitions apply:
"Assembler" means a person who unites or combines products, wares, or articles of manufacture so as to
produce a change in form or substance of such items without changing or altering component parts.
"Broker" means any person engaged or continuing in business who acts for another for a consideration in the
conduct of a business activity taxable under this Chapter, and who receives for his principal all or part of the
gross income from the taxable activity.
"Business" means all activities or acts, personal or corporate, engaged in and caused to be engaged in with
the object of gain, benefit, or advantage, either direct or indirect, but not casual activities or sales.
"Business Dav" means any day of the week when the Tax Collector's office is open for the public to conduct
the Tax Collector's business.
"Casual Activitv or Sale" means a transaction of an isolated nature made by a person who neither represents
himself to be nor is engaged in a business subject to a tax imposed by this Chapter. However, no sale, rental,
license for use, or lease transaction concerning real property nor any activity entered into by a business
taxable by this Chapter shall be treated, or be exempt, as casual. This definition shall include sales of used
capital assets, provided that the volume and frequency of such sales do not indicate that the seller regularly
engages in selling such property.
"Combined Taxes" means the sum of all applicable Arizona Transaction Privilege and Use Taxes; all
applicable transportation taxes imposed upon gross income by this County as authorized by Article I II, Chapter
6, Title 42, Arizona Revised Statutes; and all applicable taxes imposed by this Chapter.
"Commercial Propertv" is any real property, or portion of such property, used for any purpose other than
lodging or lodging space, including structures built for lodging but used otherwise, such as model homes,
apartments used as offices, etc.
"Communications Channel" means any line, wire, cable, microwave, radio signal, light beam, telephone,
telegraph, or any other electromagnetic means of moving a message.
"Construction Contractinq" refers to the activity of a construction contractor.
"Construction Contractor" means a person who undertakes to or offers to undertake to, or purports to have
the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter,
repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad,
excavation, or other structure, project, development, or improvement to real property, or to do any part
thereof. "Construction contractor" includes subcontractors, specialty contractors, prime contractors, and any
person receiving consideration for the general supervision and/or coordination of such a construction project
except for remediation contracting. This definition shall govern without regard to whether or not the
construction contractor is acting in fulfillment of a contract.
"Deliverv (of Notice) bv the Tax Collector" means "receipt (of notice) by the taxpayer".
"Deliverv. Installation. or Other Direct Customer Services" means services or labor, excluding repair labor,
provided by a taxpayer to or for his customer at the time of transfer of tangible personal property; provided
further that the charge for such labor or service is separately billed to the customer and maintained separately
in the taxpayer's books and records.
"Engaqin4", when used with reference to engaging or continuing in business, includes the exercise of
corporate or franchise powers.
"Eauivalent Excise Tax" means either:
(1) a Privilege or Use Tax levied by another Arizona municipality upon the transaction in question,
and paid either to such Arizona municipality directly or to the vendor; or
(2) an excise tax levied by a political subdivision of a state other than Arizona upon the transaction
in question, and paid either to such jurisdiction directly or to the vendor; or
(3) an excise tax levied by a Native American Government organized under the laws of the federal
government upon the transaction in question, and paid either to such jurisdiction directly or to
the vendor.
"Federal GovernmenY' means the United States Government, its departments and agencies; but not including
national banks or federally chartered or insured banks, savings and loan institutions, or credit unions.
"Food" means any items intended for human consumption as defined by rules and regulations adopted by the
Department of Revenue, State of Arizona, pursuant to A.R.S. Section 42-5106. Under no circumstances shall
"food" include alcoholic beverages or tobacco, or food items purchased for use in conversion to any form of
alcohol by distillation, fermentation, brewing, or other process.
"Hotel" means any public or private hotel, inn, hostelry, tourist home, house, motel, rooming house, apartment
house, trailer, or other lodging place within the Town offering lodging, wherein the owner thereof, for
compensation, furnishes lodging to any transient, except foster homes, rest homes, sheltered care homes,
nursing homes, or primary health care facilities.
"Job Printinq" means the activity of copying or reproducing an article by any means, process, or method. "Job
printing" includes engraving of printing plates, embossing, copying, micrographics, and photo reproduction.
"Lessee" includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter.
"Lessor" includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter.
"Licensinq (for Use)" means any agreement between the user ("licensee") and the owner or the owner's agent
("licensor") for the use of the licensor's property whereby the licensor receives consideration, where such
agreement does not qualify as a"sale" or "lease" or "rental" agreement.
"Lodainp (Lodginq Sqacel" means any room or apartment in a hotel or any other provider of rooms, trailer
spaces, or other residential dwelling spaces; or the furnishings or services and accommodations
accompanying the use and possession of said dwelling space, including storage or parking space for the
property of said tenant.
"Manufactured Buildinas" means a manufactured home, mobile home or factory built building, as defined in
A.R.S. Section 41-2142.
"Manufacturer" means a person engaged or continuing in the business of fabricating, producing, or
manufacturing products, wares, or articles for use from other forms of tangible personal property, imparting
to such new forms, qualities, properties, and combinations.
"Mininq and MetallurQical Suaplies" means all tangible personal property acquired by persons engaged in
activities defined in Section 8-432 for such use. This definition shall not include:
(1) janitorial equipment and supplies.
(2) office equipment, o~ce furniture, and office supplies.
(3) motor vehicles licensed for use upon the highways of the State.
"Modifier" means a person who reworks, changes, or adds to products, wares, or articles of manufacture.
"Nonprofit Entitv" means any entity organized and operated exclusively for charitable purposes, or operated
by the Federal Government, the State, or any political subdivision of the State.
"Occuoancv (of Real Prooerty~" means any occupancy or use, or any right to occupy or use, real property
including any improvements, rights, or interests in such property.
"Out-of-Town Sale" means the sale of tangible personal property and job printing if all of the following occur:
(1) transference of title and possession occur without the Town; and
(2) the stock from which such personal property was taken was not within the corporate limits of the
Town;and
(3) the order is received at a permanent business location of the seller located outside the Town;
which location is used for the substantial and regular conduct of such business sales activity.
In no event shall the place of business of the buyer be determinative of the situs of the receipt
of the order.
For the purpose of this definition it does not matter that all other indicia of business occur within the Town,
including, but not limited to, accounting, invoicing, payments, centralized purchasing, and supply to
out-of-Town storehouses and out-of-Town retail branch outlets from a primary storehouse within the Town.
"Out-of-State Sale" means the sale of tangible personal property and job printing if all of the following occur:
(1) The order is placed from without the State of Arizona; and
(32) the property is delivered to the buyer at a location outside the State; and
(~3) the property is purchased for use outside the State.
"Owner-Builder" means an owner or lessor of real property who, by himself or by or through others, constructs
or has constructed or reconstructs or has reconstructed any improvement to real property.
"Person" means an individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver,
syndicate, broker, the Federal Government, this State, or any political subdivision or agency of this State. For
the purposes of this Chapter, a person shall be considered a distinct and separate person from any general
or limited partnership or joint venture or other association with which such person is affiliated. A subsidiary
corporation shall be considered a separate person from its parent corporation for purposes of taxation of
transactions with its parent corporation.
"Prosthetic" means any of the following tangible personal property if such items are prescribed or
recommended by a licensed podiatrist, chiropractor, dentist, physician or surgeon, naturopath, optometrist,
osteopathic physician or surgeon, psychologist, hearing aid dispenser, physician assistant, nurse practitioner
or veterinarian:
(1) any man-made device for support or replacement of a part of the body, or to increase acuity of
one of the senses. Such items include: prescription eyeglasses; contact lenses; hearing aids;
artificial limbs or teeth; neck, back, arm, leg, or similar braces.
(2) insulin, insulin syringes, and glucose test strips sold with or without a prescription.
(3) hospital beds, crutches, wheelchairs, similar home health aids, or corrective shoes.
(4) drugs or medicine, including oxygen.
(5) equipment used to generate, monitor, or provide health support systems, such as respiratory
equipment, oxygen concentrator, dialysis machine.
(6) durable medical equipment which has a federal health care financing administration common
procedure code, is designated reimbursable by Medicare, can withstand repeated use, is
primarily and customarily used to serve a medical purpose, is generally not useful to a person
in the absence of illness or injury and is appropriate for use in the home.
"Qualifyinq Communitv Health Center"
(1) means an entity that is recognized as nonprofit under Section 501(c)(3) of the United States
Internal Revenue Code, that is a community-based, primary care clinic that has a community-
based board of directors and that is either:
(a) the sole provider of primary care in the community.
(b) a nonhospital affiliated clinic that is located in a federally designated medically
underserved area in this State.
(2) includes clinics that are being constructed as qualifying community health centers.
"Qualifying Health Care Orpanization" means an entity that is recognized as nonprofit under Section 501(c)
of the United States Internal Revenue Code and that uses, saves or invests at least eighty percent (80%) of
all monies that it receives from all sources each year only for heaith and medical related educational and
charitable services, as documented by annual financial audits prepared by an independent certified public
accountant, performed according to generally accepted accounting standards and filed annually with the
Arizona Department of Revenue. Monies that are used, saved or invested to lease, purchase or construct a
facility for health and medical related education and charitable services are included in the eighty percent
(80%) requirement.
"Qualifvinq Hospital" means any of the following:
(1) a licensed hospital which is organized and operated exclusively for charitable purposes, no
part of the net earnings of which inures to the benefit of any private shareholder or individual.
(2) a licensed nursing care institution or a licensed residential care institution or a residential care
facility operated in conjunction with a licensed nursing care institution or a licensed kidney
dialysis center, which provides medical services, nursing services or health related services
and is not used or held for profit.
(3) a hospital, nursing care institution or residential care institution which is operated by the
federal government, this State or a political subdivision of this State.
(4) a facility that is under construction and that on completion will be a facility under subdivision
(1), (2) or (3) of this paragraph.
"Receiat (of Noticel by the Taxqayer" means the earlier of actual receipt or the first attempted delivery by
certified United States mail to the taxpayer's address of record with the Tax Collector.
"Remediation" means those actions that are reasonable, necessary, cost-effective and technically feasible in
the event of the release or threat of release of hazardous substances into the environment such that the
waters of the State are or may be affected, such actions as may be necessary to monitor, assess and evaluate
such release or threat of release, actions of remediation, removal or disposal of hazardous substances or
taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health
or welfare or to the waters of the State which may otherwise result from a release or threat of release of a
hazardous substance that will or may affect the waters of the State. Remediation activities include the use
of biostimulation with indigenous microbes and bioaugmentation using microbes that are nonpathogenic,
nonopportunistic and that are naturally occurring. Remediation activities may include community information
and participation costs and providing an alternative drinking water supply.
"Rental EauipmenY' means tangible personal property sold, rented, leased, or licensed to customers to the
extent that the item is actually used by the customer for rental, lease, or license to others; provided that:
(1) the vendee is regularly engaged in the business of renting, leasing, or licensing such property
for a consideration; and
(2) the item so claimed as "rental equipmenY' is not used by the person claiming the exemption for
any purpose other than rental, lease, or license for compensation, to an extent greater than
fifteen percent (15%) of its actual use.
"Rental Suaplv" means an expendable or nonexpendable repair or replacement part sold to become part of
"rental equipmenY', provided that:
(1) the documentation relating to each purchased item so claimed specifically itemizes to the
vendor the actual item of "rental equipmenY' to which the purchased item is intended to be
attached as a repair or replacement part; and
(2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property
for a consideration; and
(3) the item so claimed as "rental equipmenY' is not used by the person claiming the exemption for
any purpose other than rental, lease, or license for compensation, to an extent greater than
fifteen percent (15%) of its actual use.
"Repairer" means a person who restores or renews products, wares, or articles of manufacture.
"Resides within the Town" means in cases other than individuals, whose legal addresses are determinative
of residence, the engaging, continuing, or conducting of regular business activity within the Town.
"RestauranY' means any business activity where articles of food, drink, or condiment are customarily prepared
or served to patrons for consumption on or off the premises, also including bars, cocktail lounges, the dining
rooms of hotels, and all caterers. For the purposes of this Chapter, a"fast food" business, which includes
street vendors and mobile vendors selling in public areas or at entertainment or sports or similar events, who
prepares or sells food or drink for consumption on or off the premises is considered a"restauranY', and not
a "retailer".
"Retail Sale (Sale at Retail~" means the sale oftangible personal property, except the sale of tangible personal
property to a person regularly engaged in the business of selling such property.
"Retailer" means any person engaged or continuing in the business of sales of tangible personal property at
retail.
"Sale" means any transfer of title or possession, or both, exchange, barter, conditional or otherwise, in any
manner or by any means whatsoever, including consignment transactions and auctions, of property for a
consideration. "Sale" includes any transaction whereby the possession of such property is transferred but the
seller retains the title as security for the payment of the price. "Sale" also includes the fabrication of tangible
personal property for consumers who, in whole or in part, furnish either directly or indirectly the materials used
in such fabrication work.
~~SOLAR DAYLIGHTING~~ MEANS A DEVICE THAT IS SPECIFICALLY DESIGNED TO CAPTURE AND REDIRECT THE VISIBLE
PORTION OF THE SOLAR BEAM, WHILE CONTROLLING THE INFRARED PORTION, FOR USE IN ILLUMINATING INTERIOR
BUILDING SPACES IN LIEU OF ARTIFICIAL LIGHTING.
"SOLAR ENERGY DEVICE° MEANS A SYSTEM OR SERIES OF MECHANISMS DESIGNED PRIMARILY TO PROVIDE HEATING,
TO PROVIDE COOLING, TO PRODUCE ELECTRICAL POWER, TO PRODUCE MECHANICAL POWER, TO PROVIDE SOLAR
DAYLIGHTING OR TO PROVIDE ANY COMBINATION OF THE FOREGOING BY MEANS OF COLLECTING AND TRANSFERRING
SOLAR GENERATED ENERGY INTO SUCH USES EITHER BY ACTIVE OR PASSIVE MEANS, INCLUDING WIND GENERATOR
SYSTEMSTHATPRODUCEELECTRICITY. SOLARENERGYSYSTEMSMAYALSOHAVETHECAPABILITYOFSTORINGSOLAR
ENERGY FOR FUTURE USE. PASSIVE SYSTEMS SHALL CLEARLY BE DESIGNED AS A SOLAR ENERGY DEVICE, SUCH AS
A TROMBE WALL, AND NOT MERELY AS A PART OF A NORMAL STRUCTURE, SUCH AS A WINDOW. •
"Speculative Builder" means either:
(1) an owner-builder who sells or contracts to sell, at anytime, improved real property (as provided
in Section 8-416) consisting of:
A) custom, model, or inventory homes, regardless of the stage of completion of such
homes; or
B) improved residential or commercial lots without a structure; or
(2) an owner-builder who sells or contracts to sell improved real property, other than improved real
property specified in subsection (1) above:
A) prior to completion; or
B) before the expiration of twenty-four (24) months after the improvements of the real
property sold are substantially complete.
"Substantiallv Comalete" means the construction contracting or reconstruction contracting:
(1) has passed final inspection or its equivalent; or
(2) certificate of occupancy or its equivalent has been issued; or
(3) is ready for immediate occupancy or use.
"Suaplier" means any person who rents, leases, licenses, or makes sales of tangible personal property within
the Town, either directly to the consumer or customer or to wholesalers, jobbers, fabricators, manufacturers,
modifiers, assemblers, repairers, or those engaged in the business of providing services which involve the
use, sale, rental, lease, or license of tangible personal property.
"Tax Collector" means the Town Manager or his designee or agent for all purposes under this Chapter.
"Taxpaver" means any person liable for any tax under this Chapter.
"Taxpaver Problem Resolution Officer" means the individual designated by the Town to perform the duties
identified in Sections 8-515 and 8-516. In towns with a population of 50,000 or more, the Taxpayer Problem
Resolution Officer shall be an employee of the Town. In towns with a population of less than 50,000, the
Taxpayer Problem Resolution Officer need not be an employee of the Town. Regardless of whether the
Taxpayer Problem Resolution Officer is or is not an employee of the Town, the Taxpayer Problem Resolution
O~cer shall have substantive knowledge of taxation. The identity of and telephone number for the Taxpayer
Problem Resolution Officer can be obtained from the Tax Collector.
"Telecommunication Service" means any service or activity connected with the transmission or relay of sound,
visual image, data, information, images, or material over a communications channel or any combination of
communications channels.
"TransienY' means any person who either at the person's own expense or at the expense of another obtains
lodging space or the use of lodging space on a daily or weekly basis, or on any other basis for less than thirty
(30) consecutive days.
"Utilitv Service" means the producing, providing, or furnishing of electricity, electric lights, current, power,
gas (natural or artificial), or water to consumers or ratepayers
Section 2. Section 8-415 of the Tax Code of the Town of Marana is amended to read:
Sec. 8-415. Construction contracting: construction contractors.
(a) The tax rate shall be at an amount equal to four percent (4%) of the gross income from the business
upon every construction contractor engaging or continuing in the business activity of construction contracting
within the Town.
(1) However, gross income from construction contracting shall not include charges related to
groundwater measuring devices required by A.R.S. Section 45-604.
(2) (Reserved)
(3) gross income from construction contracting shall not include gross income from the sale of
manufactured buildings taxable under Section 8-427.
(4~ FORTAXABLE PERIODS BEGINNING FROMANDAFTER~ULY 1, 2008, THE PORTION OFGROSS PROCEEDS
OF SALES OR GROSS INCOME ATTRIBUTABLE TO THE ACTUAL DIRECT COSTS OF PROVIDING
ARCHITECTURAL OR ENGINEERING SERVICES THAT ARE INCORPORATED IN A CONTRACT IS NOT SUBJECT
TO TAX UNDER THIS SECTION. FOR THE PURPOSES OF THIS SUBSECTION, °DIRECT COSTS° MEANS THE
PORTION OF THE ACTUAL COSTS THAT ARE DIRECTLY EXPENDED IN PROVIDING ARCHITECTURAL OR
ENGINEERING SERVICES.
(b) Deductions and exem~tions.
(1) Gross income derived from acting as a"subcontractor" shall be exempt from the tax imposed
by this Section.
(2) All construction contracting gross income subject to the tax and not deductible herein shall be
allowed a deduction of thirty-five percent (35%).
(3) The gross proceeds of sales or gross income attributable to the purchase of machinery,
equipment or other tangible personal property that is exempt from or deductible from privilege
or use tax under:
(A) Section 8-465, subsections (g) and (p)
(B) Section 8-660, subsections (g) and (p)
shall be exempt or deductible, respectively, from the tax imposed by this Section.
(4) The gross proceeds of sales or gross income that is derived from a contract entered into for the
installation, assembly, repair or maintenance of income-producing capital equipment, as defined
in Section 8-110, that is deducted from the retail classification pursuant to Section 8-465(g) that
does not become a permanent attachment to a building, highway, road, railroad, excavation or
manufactured building or other structure, project, development or improvement shall be exempt
from the tax imposed by this Section. If the ownership of the realty is separate from the
ownership of the income-producing capital equipment, the determination as to permanent
attachment shall be made as if the ownership was the same. The deduction provided in this
paragraph does not include gross proceeds of sales or gross income from that portion of any
contracting activity which consists of the development of, or modification to, real property in
order to facilitate the installation, assembly, repair, maintenance or removal of the income-
producing capital equipment. For purposes of this paragraph, "permanent attachmenY' means
at least one of the following:
(A) to be incorporated into real property.
(B) to become so affixed to real property that it becomes part of the real property.
(C) to be so attached to real property that removal would cause substantial damage to the
real property from which it is removed.
(5) The gross proceeds of sales or gross income received from a contract for the construction of
an environmentally controlled facility for the raising of poultry for the production of eggs and the
sorfing, or cooling and packaging of eggs shall be exempt from the tax imposed under this
Section.
(6) The gross proceeds of sales or gross income that is derived from the installation, assembly,
repair or maintenance of cleanrooms that are deducted from the tax base of the retail
classification pursuant to Section 8-465, subsection (g) shall be exempt from the tax imposed
under this Section.
(7) The gross proceeds of sales or gross income that is derived from a contract entered into with
a person who is engaged in the commercial production of livestock, livestock products or
agricultural, horticultural, viticultural or floricultural crops or products in this State for the
construction, alteration, repair, improvement, movement, wrecking or demolition or addition to
or subtraction from any building, highway, road, excavation, manufactured building or other
structure, project, development or improvement used directly and primarily to prevent, monitor,
control or reduce air, water or land pollution shall be exempt from the tax imposed under this
Section.
(8) The gross proceeds of sales or gross income received from a postconstruction contract to
perform post-construction treatment of real property for termite and general pest control,
including wood destroying organisms, shall be exempt from tax imposed under this Section.
(9) Through December 31, 2009, the gross proceeds of sales or gross income received from a
contract for constructing any lake facility development in a commercial enhancement reuse
district that is designated pursuant to A.R.S. § 9-499.08 if the contractor maintains the following
records in a form satisfactory to the Arizona Department of Revenue and to the Town:
(A) The certificate of qualification of the lake facility development issued by the Town
pursuant to A.R.S. § 9-499.08, subsection D.
(B) All state and local transaction privilege tax returns for the period of time during which the
contractor received gross proceeds of sales or gross income from a contract to construct
a lake facility development in a designated commercial enhancement reuse district,
showing the amount exempted from state and local taxation.
(C) Any other information considered to be necessary.
(10) Development or impact fees included in a construction or development contract for payment to
the state or local government to offset governmental costs of providing public infrastructure,
public safety and other public services to a development.
(11) FOR TAXABLE PERIODS BEGINNING FROM ANO AFTER JULY 1, 2008 AND ENDING BEFORE JANUARY 1,
2011, THE GROSS PROCEEDS OF SALES OR GROSS INCOME DERIVED FROM A CONTRACT TO PROVIDE
AND ~NSTALL A SOLAR ENERGY DEVICE. THE CONTRACTOR SHALL REGISTER WITH THE DEPARTMENT
OFREVENUEASASOLARENERGYCONTRACTOR. BYREGISTERING,THECONTRACTORACKNOWLEDGES
THAT IT WILL MAKE ITS BOOKS AND RECORDS RELATING TO SALES OF SOLAR ENERGY DEVICES
AVAILABLE TO THE DEPARTMENT OF REVENUE AND THE CITY, AS APPLICABLE, FOR EXAMINATION.
(c) Subcontractor means a construction contractor performing work for either:
(1) a construction contractor who has provided the subcontractor with a written declaration that he
is liable forthe tax for the project and has provided the subcontractor his Town Privilege License
number.
(2) an owner-builder who has provided the subcontractor with a written declaration that:
(A) the owner-builder is improving the property for sale; and
(B) the owner-builder is liable for the tax for such construction contracting activity; and
(C) the owner-builder has provided the contractor his Town Privilege License number.
(3) a person selling new manufactured buildings who has provided the subcontractor with a written
declaration that he is liable for the tax for the site preparation and set-up; and provided the
subcontractor his Town Privilege License number.
Subcontractor also includes a construction contractor performing work for another subcontractor as defined
above.
Section 3. Section 8-416 of the Tax Code of the Town of Marana is amended to read:
Sec. 8-416. Construction contracting: speculative builders.
(a) The tax shall be equal to four percent (4%) of the gross income from the business activity upon every
person engaging or continuing in business as a speculative builder within the Town.
(1) The gross income of a speculative builder considered taxable shall include the total selling price
from the sale of improved real property at the time of closing of escrow or transfer of title.
(2) "Imqroved Real Proqertv" means any real property:
(A) upon which a structure has been constructed; or
(B) where improvements have been made to land containing no structure (such as paving
or landscaping); or
(C) which has been reconstructed as provided by Regulation; or
(D) where water, power, and streets have been constructed to the property line.
(3) "Sale of Imoroved Real Propertv" includes any form of transaction, whether characterized as a
lease or otherwise, which in substance is a transfer of title of, or equitable ownership in,
improved real property and includes any lease of the property for a term of thirty (30) years or
more (with all options for renewal being included as a part of the term). In the case of multiple
unit projects, "sale" refers to the sale of the entire project or to the sale of any individual parcel
or unit.
(4) "Partiallv Imqroved Residential Real Propertv", as used in this Section, means any improved
real property, as defined in subsection (a)(2) above, being developed for sale to individual
homeowners, where the construction of the residence upon such property is not substantially
complete at the time of the sale.
(b) Exclusions.
(1) In cases involving reconstruction contracting, the speculative builder may exclude from gross
income the prior value allowed for reconstruction contracting in determining his taxable gross
income, as provided by Regulation.
(2) Neither the cost nor the fair market value of the land which constitutes part of the improved real
property sold may be excluded or deducted from gross income subject to the tax imposed by
this Section.
(3) (Reserved)
(4) A speculative builder may exclude gross income from the sale of partially improved residential
real property as defined in (a)(4) above to another speculative builder only if all of the following
conditions are satisfied:
(A) The speculative builder purchasing the partially improved residential real property has
a valid Town privilege license for construction contracting as a speculative builder; and
(B) At the time ofthe transaction, the purchaser provides the sellerwith a properly completed
written declaration that the purchaser assumes liability for and will pay all privilege taxes
which would otherwise be due the Town at the time of sale of the partially improved
residential real property; and
(C) The seller also:
(i) maintains proper records of such transactions in a manner similar to the
requirements provided in this chapter relating to sales for resale; and
(ii) retains a copy of the written declaration provided by the buyer for the transaction;
and
(iii) is properly licensed with the Town as a speculative builder and provides the Town
with the written declaration attached to the Town privilege tax return where he
claims the exclusion.
(5~ FORTAXABLEPERIODSBEGINNINGFROMANDAFTERJULY1,2008,THEPORTIONOFGROSSPROCEEDS
OF SALES OR GROSS INCOME ATTRIBUTABLE TO THE ACTUAL DIRECT COSTS OF PROVIDING
ARCHITECTURAL.OR ENGINEERING SERVICES THATARE INCORPORATED IN A CONTRACT IS NOTSUBJECT
TO TAX UNDER THIS SECTION. FOR THE PURPOSES OF THIS SUBSECTION, "DIRECT COSTS" MEANS THE
PORTION OF THE ACTUAL COSTS THAT ARE DIRECTLY EXPENDED IN PROVIDING ARCHITECTURAL OR
ENGINEERING SERVICES.
(c) Tax liability for speculative builders occurs at close of escrow or transfer of title, whichever occurs
earlier, and is subject to the following provisions, relating to exemptions, deductions and tax credits:
(1) Exemptions.
(A) The gross proceeds of sales or gross income attributable to the purchase of machinery,
equipment or other tangible personal property that is exempt from or deductible from
privilege or use tax under:
(i) Section 8-465, subsections (g) and (p)
(ii) Section 8-660, subsections (g) and (p~
shall be exempt or deductible, respectively, from the tax imposed by this Section.
(B) The gross proceeds of sales or gross income received from a contract for the
construction of an environmentally controlled facility for the raising of poultry for the
production of eggs and the sorting, or cooling and packaging of eggs shall be exempt
from the tax imposed under this Section.
(C) The gross proceeds of sales or gross income that is derived from the installation,
assembly, repair or maintenance of cleanrooms that are deducted from the tax base of
the retail classification pursuant to Section 8-465, subsection (g) shall be exempt from
the tax imposed under this section.
(D) The gross proceeds of sales or gross income that is derived from a contract entered into
with a person who is engaged in the commercial production of livestock, livestock
products or agricultural, horticultural, viticultural or floricultural crops or products in this
state for the construction, alteration, repair, improvement, movement, wrecking or
demolition or addition to or subtraction from any building, highway, road, excavation,
manufactured building or other structure, project, development or improvement used
directly and primarily to prevent, monitor, control or reduce air, water or land pollution
shall be exempt from the tax imposed under this Section.
(E) Development or impact fees included in a construction or development contract for
payment to the state or local government to offset governmental costs of providing public
infrastructure, public safety and other public services to a development.
(2) Deductions.
(A) All amounts subject to the tax shall be allowed a deduction in the amount of thirty-five
percent (35%).
(B) The gross proceeds of sales or gross income that is derived from a contract entered into
for the installation, assembly, repair or maintenance of income-producing capital
equipment, as defined in Section 8-110, that is deducted from the retail classification
pursuant to Section 8-465(g), that does not become a permanent attachment to a
building, highway, road, railroad, excavation or manufactured building or other structure,
project, development or improvement shall be exempt from the tax imposed by this
Section. If the ownership of the realty is separate from the ownership of the income-
producing capital equipment, the determination as to permanent attachment shall be
' made as if the ownership was the same. The deduction provided in this paragraph does
not include gross proceeds of sales or gross income from that portion of any contracting
activity which consists of the development of, or modification to, real property in order to
facilitate the installation, assembly, repair, maintenance or removal of the income-
producing capital equipment. For purposes of this paragraph, "permanent attachmenY'
means at least one of the following:
(i) to be incorporated into real property.
(ii) to become so affixed to real property that it becomes part of the real property.
(iii) to be so attached to real property that removal would cause substantial damage
to the real property from which it is removed.
(C~ FOR TAXABLE PERIODS BEGINNING FROM AND AFTER JULY 1, 2008 AND ENDING BEFORE
JANUARY 1, 2011, THE GROSS PROCEEDS OF SALES OR GROSS INCOME DERIVED FROM A
CONTRACT TO PROVIDE AND INSTALL A SOLAR ENERGY DEVICE. THE CONTRACTOR SHALL
REGISTER WITH THE DEPARTMENT OF REVENUE AS A SOLAR ENERGY CONTRACTOR. BY
REGISTERING, THE CONTRACTORACKNOWLEDGES THAT IT WILL MAKE ITS BOOKS AND RECORDS
RELATING TO SALES OF SOLAR ENERGY DEVICES AVAILABLE TO THE DEPARTMENT OF REVENUE
AND THE CITY, AS APPLICABLE, FOR EXAMINATION.
(3) Tax credits.
The following tax credits are available to owner-builders or speculative builders, not to exceed
the tax liability against which such credits apply, provided such credits are documented to the
satisfaction of the tax collector:
(A) A tax credit equal to the amount of town privilege or use tax, or the equivalent excise tax,
paid directly to a taxing jurisdiction or as a separately itemized charge paid directiy to the
vendor with respect to the tangible personal property incorporated into the said structure
or improvement to real property undertaken by the owner-builder or speculative builder.
(B) A tax credit equal to the amount of privilege taxes paid to this Town, or charged
separately to the speculative builder, by a construction contractor, on the gross income
derived by said person from the construction of any improvement to the real property.
(C) No credits provided herein may be claimed until such time that the gross income against
which said credits apply is reported.
Section 4. Section 8-417 of the Tax Code of the Town of Marana is amended to read:
Sec. 8-417. Construction contracting: owner-builders who are not speculative builders.
(a) Atthe expiration oftwenty-four (24) months after improvement to the property is substantially complete,
the tax liability for an owner-builder who is not a speculative builder shall be at an amount equal to four
percent (4%) of:
(1) the gross income from the activity of construction contracting upon the real property in question
which was realized by those construction contractors to whom the owner-builder provided
written declaration that they were not responsible for the taxes as prescribed in Subsection
8-415(c)(2); and
(2) the purchase of tangible personal property for incorporation into any improvement to real
property, computed on the sales price.
(b~ FOR TAXABLE PERIODS BEGINNING FROM AND AFTER JULY 1, 2008, THE PORTION OF GROSS PROCEEDS OF
SALES OR GROSS INCOME ATTRIBUTABLE TO THE ACTUAL DIRECT COSTS OF PROVIDING ARCHITECTURAL OR
ENGINEERING SERVICES THAT ARE INCORPORATED IN A CONTRACT IS NOT SUBJECT TO TAX UNDER THIS
SECTION. FOR THE PURPOSES OF THIS SUBSECTION, "DIRECT COSTS" MEANS THE PORTION OF THE ACTUAL
COSTS THAT ARE DIRECTLY EXPENDED IN PROVIDING ARCHITECTURAL OR ENGINEERING SERVICES.
(bC) The tax liability of this Section is subject to the following provisions, relating to exemptions, deductions
and tax credits:
(1) Exemptions.
(A) The gross proceeds of sales or gross income attributable to the purchase of machinery,
equipment or other tangible personal property that is exempt from or deductible from
privilege or use tax under:
(i) Section 8-465, subsections (g) and (p)
(ii) Section 8-660, subsections (g) and (p)
shall be exempt or deductible, respectively, from the tax imposed by this Section.
(B) The gross proceeds of sales or gross income received from a contract for the
construction of an environmentally controlled facility for the raising of poultry for the
production of eggs and the sorting, or cooling and packaging of eggs shall be exempt
from the tax imposed under this Section.
(C) The gross proceeds of sales or gross income that is derived from the installation,
assembly, repair or maintenance of cleanrooms that are deducted from the tax base of
the retail classification pursuant to Section 8-465, subsection (g) shall be exempt from
the tax imposed under this Section.
(D) The gross proceeds of sales or gross income that is derived from a contract entered into
with a person who is engaged in the commercial production of livestock, livestock
products or agricultural, horticultural, viticultural or floricultural crops or products in this
state for the construction, alteration, repair, improvement, movement, wrecking or
demolition or addition to or subtraction from any building, highway, road, excavation,
manufactured building or other structure, project, development or improvement used
directly and primarily to prevent, monitor, control or reduce air, water or land pollution
shall be exempt from the tax imposed under this Section.
(E) Development or impact fees included in a construction or development contract for
payment to the state or local government to offset governmental costs of providing public
infrastructure, public safety and other public services to a development.
(2) Deductions.
(A) Ali amounts subject to the tax shall be allowed a deduction in the amount of thirty-five
percent (35%).
(B) The gross proceeds of sales or gross income that is derived from a contract entered into
for the installation, assembly, repair or maintenance of income-producing capital
equipment, as defined in Section 8-110, that is deducted from the retail classification
pursuant to Section 8-465(g), that does not become a permanent attachment to a
building, highway, road, railroad, excavation or manufactured building or other structure,
project, development or improvement shall be exempt from the tax imposed by this
Section. If the ownership of the realty is separate from the ownership of the income-
producing capital equipment, the determination as to permanent attachment shall be
made as if the ownership was the same. The deduction provided in this paragraph does
not include gross proceeds of sales or gross income from that portion of any contracting
activity which consists of the development of, or modification to, real property in order to
facilitate the installation, assembly, repair, maintenance or removal of the income-
producing capital equipment. For purposes of this paragraph, "permanent attachmenY'
means at least one of the following:
(i) to be incorporated into real property.
(ii) to become so affixed to real property that it becomes part of the real property.
(iii) to be so attached to real property that removal would cause substantial damage
to the real property from which it is removed.
(C~ FOR TAXABLE PERIODS BEGINNING FROM AND AFTER JULY 1, 2008 AND ENDING BEFORE
JANUARY 1, 2011, THE GROSS PROCEEDS OF SALES OR GROSS INCOME DERIVED FROM A
CONTRACT TO PROVIDE AND INSTALL A SOLAR ENERGY DEVICE. THE CONTRACTOR SHALL
REGISTER WITH THE DEPARTMENT OF REVENUE AS A SOLAR ENERGY CONTRACTOR. BY
REGISTERING, THE CONTRACTOR ACKNOWLEDGES THAT IT WILL MAKE ITS BOOKS AND RECORDS
RELATING TO SALES OF SOLAR ENERGY DEVICES AVAILABLE TO THE DEPARTMENT OF REVENUE
AND THE CITY, AS APPLICABLE, FOR EXAMINATION.
(3) Tax credits.
The following tax credits are available to owner-builders and speculative builders, not to exceed
the tax liability against which such credits apply, provided such credits are documented to the
satisfaction of the tax collector:
(A) A tax credit equal to the amount of town privilege or use tax, or the equivalent excise tax,
paid directly to a taxing jurisdiction or as a separately itemized charge paid directly to the
vendor with respect to the tangible personal property incorporated into the said structure
or improvement to real property undertaken by the owner-builder or speculative builder.
(B) A tax credit equal to the amount of privilege taxes paid to this Town, or charged
separately to the speculative builder, by a construction contractor, on the gross income
derived by said person from the construction of any improvement to the real property.
(C) No credits provided herein may be claimed until such time that the gross income against
which said credits apply is reported.
(eD) The limitation period for the assessment of taxes imposed by this Section is measured based upon
when such liability is reportable, that is, in the reporting period that encompasses the twenty-fifth (25th)
month after said unit or project was substantially complete. Interest and penalties, as provided in
Section 8-540, will be based on reportable date.
(dE) (Reserved)
Section 5. Section 8-465 of the Tax Code of the Town of Marana is amended to read:
Sec. 8-465. Retail sales: exemptions.
Income derived from the following sources is exempt from the tax imposed by Section 8-460:
(a) sales of tangible personal property to a person regularly engaged in the business of selling such
property.
(b) out-of-Town sales or out-of-State sales.
(c) charges for delivery, installation, or other direct customer services as prescribed by Regulation.
(d) charges for repair services as prescribed by Regulation, when separately charged and separately
maintained in the books and records of the taxpayer.
(e) sales of warranty, maintenance, and service contracts, when separately charged and separately
maintained in the books and records of the taxpayer.
(f) sales of prosthetics.
(g) sales of income-producing capital equipment.
(h) sales of rental equipment and rental supplies.
(i) sales of mining and metallurgical supplies.
Q) sales of motor vehicle fuel and use fuel which are subject to a tax imposed under the provisions of
Article I or I I, Chapter 16, Title 28, Arizona Revised Statutes; or sales of use fuel to a holder of a valid
single trip use fuel tax permit issued under A.R.S. Section 28-5739, or sales of natural gas or liquefied
petroleum gas used to propel a motor vehicle.
(k) sales of tangible personal property to a construction contractor who holds a valid Privilege Tax License
for engaging or continuing in the business of construction contracting where the tangible personal
property sold is incorporated into any structure or improvement to real property as part of construction
contracting activity.
(I) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or
delivers the motor vehicle to a destination outside this State.
(m) sales of tangible personal property which directly enters into and becomes an ingredient or component
part of a product sold in the regular course of the business ofjob printing, manufacturing, or publication
of newspapers, magazines, or other periodicals. Tangible personal property which is consumed or
used up in a manufacturing, job printing, publishing, or production process is not an ingredient nor
component part of a product.
(n) sales made directly to the Federal government to the extent of:
(1) one hundred percent (100%) of the gross income derived from retail sales made by a
manufacturer, modifier, assembler, or repairer.
(2) fifty percent (50%) of the gross income derived from retail sales made by any other person.
(o) sales to hotels, bars, restaurants, dining cars, lunchrooms, boarding houses, or similar establishments
of articles consumed as food, drink, or condiment, whether simple, mixed, or compounded, where such
articles are customarily prepared or served to patrons for consumption on or off the premises, where
the purchaser is properly licensed and paying a tax under Section 8-455 or the equivalent excise tax
upon such income.
(p) sales of tangible personal property to a qualifying hospital, qualifying community health center or a
qualifying health care organization, except when the property sold is for use in activities resulting in
gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512 or sales
of tangible personal property purchased in this State by a nonprofit charitable organization that has
qualified under Section 501(c)(3) of the United States Internal Revenue Code and that engages in and
uses such property exclusively for training, job placement or rehabilitation programs or testing for
mentally or physically handicapped persons.
(q) sales of food for home consumption.
(r) (Reserved)
(1) (Reserved)
(2) (Reserved)
(3) (Reserved)
(4) (Reserved)
(s) sales of groundwater measuring devices required by A.R.S. Section 45-604.
(t) (Reserved)
(u) sales of aircraft acquired for use outside the State, as prescribed by Regulation.
(v) sales of food products by producers as provided for by A.R.S. Sections 3-561, 3-562 and 3-563.
(w) (Reserved)
(x) (Reserved)
(y) (Reserved)
(z) (Reserved)
(aa) the sale of tangible personal property used in remediation contracting as defined in Section 8-100 and
Regulation 8-100.5.
(bb) sales of materials that are purchased by orfor publicly funded libraries including school district libraries,
charter school libraries, community college libraries, state university libraries or federal, state, county
or municipal libraries for use by the public as follows:
(1) printed or photographic materials.
(2) electronic or digital media materials.
(cc) sales of food, beverages, condiments and accessories used for serving food and beverages to a
commercial airline, as defined in A.R.S. § 42-5061(A)(49), that serves the food and beverages to its
passengers, without additional charge, for consumption in flight. For the purposes of this subsection,
"accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper
sacks or other disposable containers, or other items which facilitate the consumption of the food.
(dd) in computing the tax base in the case of the sale or transfer of wireless telecommunication equipment
as an inducement to a customerto enter into or continue a contract for telecommunication services that
are taxable under Section 8-470, gross proceeds of sales or gross income does not include any sales
commissions or other compensation received by the retailer as a result of the customer entering into
or continuing a contract for the telecommunications services.
(ee) for the purposes of this Section, a sale of wireless telecommunication equipment to a person who holds
the equipment for sale or transfer to a customer as an inducement to enter into or continue a contract
for telecommunication services that are taxable under Section 8-470 is considered to be a sale for
resale in the regular course of business.
(f~ sales of alternative fuel as defined in A.R.S. § 1-215, to a used oil fuel burner who has received a
Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. § 49-426 or
§ 49-480.
(gg) sales of food, beverages, condiments and accessories to a public educational entity, pursuant to any
of the provisions of Title 15, Arizona Revised Statutes; to the extent such items are to be prepared or
served to individuals for consumption on the premises of a public educational entity during school
hours. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils,
napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which
facilitate the consumption of the food.
(hh) sales of personal hygiene items to a person engaged in the business of and subject to tax under
Section 8-444 of this code if the tangible personal property is furnished without additional charge to and
intended to be consumed by the person during his occupancy.
(ii) For the purposes of this Section, the diversion of gas from a pipeline by a person engaged in the
business of operating a natural or artificial gas pipeline, for the sole purpose of fueling compressor
equipment to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline.
Qj) Sales of food, beverages, condiments and accessories to a nonprofit charitable organization that has
qualified as an exempt organization under 26 U.S.C Section 501(c)(3) and regularly serves meals to
the needy and indigent on a continuing basis at no cost. For the purposes of this subsection,
"accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper
sacks or other disposable containers, or other items which facilitate the consumption of the food.
(kk) sales of motor vehicles that use alternative fuel if such vehicle was manufactured as a diesel fuel
vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a
conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as
defined in A.R.S. Section 1-215.
(II~ SALES OF SOLAR ENERGY DEVICES, FOR TAXABLE PERIODS BEGINNING FROM AND AFTER JULY 1, 2008.
THE RETAILER SHALL REGISTER WITH THE DEPARTMENT OF REVENUE AS A SOLAR ENERGY RETAILER. BY
REGISTERING, THE RETAILER ACKNOWLEDGES THAT IT WILL MAKE ITS BOOKS AND RECORDS RELATING TO
SALES OF SOLAR ENERGY DEVICES AVAILABLE TO THE DEPARTMENT OF REVENUE AND CITY, AS
APPLICABLE, FOR EXAMINATION.
~pW N OF
TOWN COUNCIL
MEETING TOWN OF MARANA 9;,
INFORMATION
'~RIZON~
MEETING DATE: April l, 2008 AGENDA ITEM: I. 5. b
TO: MAYOR AND COUNCIL
FROM: Erik Montague, Finance Director
SUBJECT: Resolution No. 2008-50: Relating to Taxation; declaring as a
public record that certain document filed with the Town Clerk
and entitled "The 2008 Amendments to the Tax Code of the Town
of Marana".
DISCUSSION
Arizona State law allows cities and towns to enact the provisions of a code or amendment to the
code without publishing the entire code (A.R.S. § 9-802). The law does require that three copies
of the code shall be filed in the office of the Town Clerk and made available for public use and
inspection.
This resolution will establish "The 2008 Amendments to the Tax Code of the Town of Marana"
as a public record and direct the Town Clerk to maintain three copies on file. By adopting these
amendments by reference, it will save the Town from publishing the numerous pages of
amendments in the newspaper.
The League of Arizona Cities and Towns has forwarded the 2008 amendments to the Model
Cities Tax Code for the Town of Marana. The amendments, when adopted, will bring the Tax
Code into conformance with State Law and clarify ambiguous language.
RECOMMENDATION
Staff recommends that Council adopt a resolution declaring as a public record certain documents
filed with the Town Clerk and entitled "The 2008 Amendments to the Tax Code of the Town of
Marana.
SUGGESTED MOTION
I move to approve to approve Resolution 2008-50.
2008 Tc~ Code Amendments 3/24/2008 10: 00 AM EM
MARANA RESOLUTION NO. 2008-50
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT
FILED WITH THE TOWN CLERK AND ENTITLED "THE 2008 AMENDMENTS TO
THE TAX CODE OF THE TOWN OF MARANA".
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA that certain document entitled "THE 2008 AMENDMENTS TO
THE TAX CODE OF THE TOWN OFMARANA," three copies of which are on file in
the office of the town clerk, is hereby declared to be a public record, and said copies are
ordered to remain on file with the town clerk.
PASSED AND ADOPTED BY THE Mayor and Council of the Town of Marana,
Arizona, this lst day of April, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
~pWN OF
TOWN COUNCIL
MEETING TOWN OF MARANA '
4;: ~
INFORMATION
'~R¢ONP
MEETING DATE: April 1, 2008 AGENDA ITEM: I. 6
TO: MAYOR AND COUNCIL
FROM: T. VanHook, Community Development Director
SUBJECT: Resolution No. 2008-51: Relating to Community Development;
Granting $2,500 in discretionary funding to the Marana High
School Students Together Against Narcotics and Drinking, a
student-run grassroots organization, to support "The After Party"
event to keep Marana youth out of harms way after the Prom.
DISCUSSION
The Marana High School's Students Together Against Narcotics and Drinking (STAND) Club is
planning to hold its 2008 after Prom party known to the students as "The After Party," on April
12. STAND was established by a group of Marana students who identified drugs and alcohol as
an unmet challenge and set out to change the culture surrounding drugs, alcohol, and teens in the
Marana community.
Over the last three years, STAND partnered with the Town of Marana for the after prom party
and is now requesting a reduced level of support for the 2008 event. In the past, the Town
allowed the student group to use nearly $10,000 in Bedroxx entertainment credits to host the
"After Party". This year students are requesting $2,500 in cash to support a movie themed event
at Tower Theatres. The Club invited staff and community members to serve as chaperones along
with Marana Police Officers.
In addition to "The After Party," STAND Club members host events and educational programs
at the school. There are a number of other sponsors for "The After Party," including local
businesses offering youth friendly prizes and certificates.
Students from STAND have completed a Discretionary Funding Application and submitted the
commitment letter required for a grass-roots organization without a 501 (c)(3) designation. The
commitment was signed by 17 members of the Club involved in event planning.
RECOMMENDATION
Staff recommends awarding $2,500 to the Marana High School's STAND Club to support "The
After Party," providing a positive activity to keep youth safe after the 2008 Prom.
SUGGESTED MOTION
I move to adopt Resolution No. 2008-51.
MARANA RESOLUTION NO. 2008-51
RELATING TO COMMUNITY DEVELOPMENT; GRANTING $2,SOO 1N DISCRETIONARY
FUNDING TO THE MARANA HIGH SCHOOL STUDENTS TOGETHER AGAINST
NARCOTICS AND DR1NKiNG, A STUDENT-RUN GRASSROOTS ORGANIZATION, TO
SUPPORT "THE AFTER PARTY" EVENT TO KEEP MARANA YOUTH OUT OF HARMS
WAY AFTER THE PROM.
WHEREAS, the Town of Marana has established a discretionary fund to support local
non-profit and grassroots organizations which forward the priorities set by Mayor and Council;
and
WHEREAS, Mayor and Council recognize the need to promote programs that encourage
positive activities for Marana youth and families; and
WHEREAS, Marana High School's Students Together Against Narcotics and Drinking
(STAND) Club, a grassroots organization is requesting $2,500 to support "The After Party" at
Tower Theaters to promote positive activities after the 2008 Prom.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that Marana High School's Stand (STAND) Club is granted
$2,500 to provide a positive activity for Marana youth at the 2008 event "The After Party."
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 st day of April, 2008.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
~p~N OF
TOWN COUNCIL
MEETING TOWN OF MARANA 9 ;
INFORMATION
qRIZONp
MEETING DATE: April 1, 2008 AGENDA ITEM: I. 7
TO: MAYOR AND COUNCIL
FROM: T. VanHook, Community Development Director
SUBJECT: Resolution No. 2008-52: Relating to Community Development;
granting $5,000 in discretionary funding to Build Up Purpose, an
Arizona 501 (c)(3) non-profit organization, to support programs
that offer positive activities for Marana youth and families.
DISCUSSION
Build Up Purpose, Inc. is a 501 (c)(3) non-profit organization with a mission to design, develop,
and implement programs that change public attitudes toward inner-city and rural youth while
empowering young people to enhance, eririch and impact their community.
This Marana-based organization provides a wide variety of programs for youth, including Build
a Plane, YungTV, and S.T.E.P. U.P. -three distinct opportunities for youth to get involved in
their area of interest and work with kids from different backgrounds.
YUNGTV - This youth run "Hip Fresh & Media-Ready" program filmed at Comcast provides a
positive creative outlet for youth to address critical issues that affect them and the community.
Build a Plane - Based at the Marana Airport, this program offers an introduction to aviation and
aerospace careers by providing students with hands-on experience building a real aircraft.
S.T.E.P. U.P. - Success Through Entrepreneurial Program Unlocking Potential is a school-based
program teaching business, mathematical, and presentation skills in a format interesting to youth.
Funding from the Town of Marana will be used to purchase camera and computer equipment
needed to support these programs.
RECOMMENDATION
Staff recommends awarding Build Up Purpose $5,000 from the Discretionary Fund to provide
positive activities for Marana youth through the Build a Plane, YungTV, and S.T.E.P. U.P
programs.
SUGGESTED MOTION
I move to approve Resolution No. 2008-52.
3/27/2008
MARANA RESOLUTION NO. 2008-52
RELATING TO COMMUNITY DEVELOPMENT; GRANTING $5,000 IN DISCRETIONARY
FUNDING TO BUILD UP PURPOSE, AN ARIZONA 501 (C) (3) NON-PROFIT
ORGANIZATION, TO SUPPORT PROGRAMS THAT OFFER POSITIVE ACTNITIES FOR
MARANA YOUTH AND FAMILIES.
WHEREAS, the Town of Marana has established a discretionary fund to support local
non-profit and grassroots organizations which forward the priorities set by Mayor and Council;
and
WHEREAS, Mayor and Council recognize the need to promote programs that encourage
positive activities for Marana youth and families; and
WHEREAS, Build Up Purpose, an Arizona 501 (c)(3) non-profit organization, is
requesting $5,000 to support programs that empower young people and provide hands-on
learning experiences for Marana youth; and
WHEREAS, Build Up Purpose is providing community-based programs that teach
entrepreneurial skills and offer a positive, creative outlet for teens to help reduce the rate of youth
dropping out of high school.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that Build Up Purpose is granted $5,000 to continue
providing educational programs for Marana youth;
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 st day of April, 2008.
Mayar Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
~pWN OF
TOWN COUNCIL
MEETING TOWN OF MARANA q
INFORMATION
'~RIZON~'
MEETING DATE: April 1, 2008 AGENDA ITEM: I. 8
TO: MAYOR AND COUNCIL
FROM: Barbara Johnson, Director of Public Works
SUBJECT: Ordinance 2008.10: Relating to Public Works; amending sections
25.01.02, 25.02.04 and 25.02.05 of the Marana Stormwater
Management Ordinance (Marana Land Development Code Title
25) to conform to new Arizona Department of Environmental
Quality Requirements; and establishing an effective date.
DISCUSSION
On September 18, 2007, Mayor and Council adopted the Town of Marana Stormwater
Ordinance. This ordinance was incorporated into the Land Development Code as Title 25 -
Stormwater Management. On February 29, 2008, the Arizona Deparhnent of Environmental
Quality issued a new Arizona Pollutant Discharge Elimination System Construction General
Permit. Some of the requirements have changed as a result of this new general permit and those
changes need to be incorporated into Title 25.
On March 11, 2008, staff presented the changes to the Southern Arizona Homebuilders
Association for discussion. To date, staff has received no inquiries or requests from SAHBA.
RECOMMENDATION
Staff recommends adoption of Ordinance No. 2008.10.
SUGGESTED MOTION
I move to adopt Ordinance No. 2008.10.
Revision of
Marana Stormwater Management Ordinance 3/25/08 7: 07 PM CLL
MARANA ORDINANCE NO. 2008.10
RELATING TO PUBLIC WORKS; AMENDING SECTIONS 25.01.02, 25.02.04 AND 25.02.05
OF THE MARANA STORMWATER MANAGEMENT ORDINANCE (MARANA LAND
DEVELOPMENT CODE TITLE 25) TO CONFORM TO NEW ARIZONA DEPARTMENT OF
ENVIRONMENTAL QUALITY REQUIREMENTS; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS the Town of Marana is a regulated Phase II Small Municipal Separate Storm
Sewer System (MS4); and
WHEREAS the Town of Marana adopted the Marana Storm Water Management Ordinance
by the adoption of Marana Ordinance No. 2007.23 on September 18, 2007; and
WHEREAS on February 29, 2008, the Arizona Deparhnent of Environmental Quality issued
a new construction general permit regulating stormwater discharges from construction sites; and
WHEREAS the new construction general permit issued by the Arizona Department of Envi-
ronmental Quality requires the Town to make minor modifications to the Marana Stormwater Man-
agement Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Ma-
rana, Arizona, as follows:
Section 1. Section 25.01.02 ("Definitions") of the Marana Stormwater Management Ordi-
nance (Marana Land Development Code Title 25) is hereby revised by amending paragraph A.5
(defmition of "Common Plan of Development") and adding a new paragraph A.6 (definition of
"Construction Activity") as follows (with deletions shown with s~ee~s and additions shown with
double underlinin~), and re-numbering existing paragraphs A.6 through A.28 as A.7 through A.29
respectively:
5. Common Plan of Development: a contiquous area where multi~le seoarate
and distinct construction activities mav be takina nlace at different time on
ifferent schedules under one olan. The laraer common olan of dev lomm ~
r sale also aonlies to other tvnes of land develonment such as indu trial
. ~rks or well fields. A ~ermit is reauired if one or more acres of land will b
isturbed. reaardless of the size of anv of the individuallv-own .ci nr ciPVP~nnP
sites•
,
6. onstruction Activitv: includes clearina. aradina. .xcavatina. to .k~ilina of
fill material and other similar activities resultina in a land disturbancP of at
east one acre. Construction activitv also includes clearina. aradina_ stnrk~il-
at occurs in smaller areas if nart of a laraer common olan of d v I-
onment or sale that will ultimatelv disturb one or more acres. Thic definitio
{00008415.DOC / 2} - 1- 3/24/2008 5:16 PM FJGcds
encomnasses both IaC9e construction activities defined in 40 CFR 122.26
(bl(141(xl and small construction activities in 40 CFR 122.26 (bl(151(il.
Section 2. Section 25.02.04 ("Construction Sites") of the Marana Stormwater Management
Ordinance (Marana Land Development Code Title 25) is hereby revised as follows (with deletions
shown with s~ee~s and additions shown with double underlining):
25.02.04 Construction Sites
A. All persons engaged in construction activities who are required by Federal or
State law to submit to EPA and/or ADEQ a Notice of Intent (NOI) to comply with
an NPDES or AZPDES stormwater permit, shall provide the Town with copies of
the approved NOI, the site-specific stormwater pollution prevention plan
(SWPPP), and the AZPDES individual stormwater permit, if applicable, issued by
ADEQ.
~er~ti~ Construction activities that will disturb one acre or more of land area or
that are part of a larger common plan of development or sale are required to ap-
ply for a stormwater permit (40 CFR 122.26(B)(15)).
B. Any person performing construction that has submitted a copy of an approved
NOI to the Town of Marana shall not cause or contribute to a violation of the
AZPDES stormwater permit issued to the Town. Liability for any such discharge
shall remain the responsibility of the person causing or responsible for the dis-
charge.
~Any person perForming construction activity shall undertake Best Management
Practices to minimize or eliminate pollutants (including the discharge of sedi-
ments) from leaving the construction site, shall provide protection from accidental
discharge of other pollutants to the municipal storm sewer system, and comply
with the cleanup and notification requirements of this Title.
p~ he site onerator shall ensure BMPs are ~rooerlv selected. installed. and main-
i oer the manufacturers' s~ecifications and aood enaineerina ~ractices o
B~1Ps remain functional and effective.
Site operator shall ensure effective erosion, sediment and waste control and
properly dispose of wastes, such as discarded building materials, concrete truck
washout materiat, chemicals, litter, sanitary waste and other pollutants at the con-
struction site that may cause adverse impacts to water quality. Such measures
shall include the requirements imposed by Federal, State, County and/or Local
authorities.
EG. Stormwater Pollution Prevention Plans shall be preparedf at~-reviewed d
imolemented in accordance with the Arizona Pollutant Discharge Elimination Sys-
tem Construction General Permit issued by the Arizona Department of Environ-
mental Quality. The Town of Marana shall not certify or defend that the applicant
has met the requirements of the Federal Clean Water Act.
~S. In the case that a specific Best Management Practice is required by the Town
to prevent a pollutant from entering the municipal storm sewer system, the per-
son receiving the notice of such a requirement may petition the Town to recon-
sider the application of the BMP to the premises or activity. The written petition
{00008415.DOC / 2} - 2, - 3/24/2008 5:16 PM FJGcds
must be received within ten calendar days setting forth any reasons and pro-
posed alternatives. The Town will act within fourteen calendar days of the peti-
tion.
1~€. Basins with a retention component may be used as temporary sediment basins
during construction provided the following conditions are met:
1. Prior to acceptance, the basin shall be retested for percolation; and
2. Additional measures must be put in place to collect sediment prior to entry into
the basin, i.e. the basin must be part of a cascading sediment trapping sys-
tem.
' i all nrovide the Town of Ma-
rana with a coQy of the NOT acknowledgement letter from ADEQ
Exemptions: The following discharges are exempt from the prohibitions set forth
in Section 25.02.03 for construction sites or activities:
1. Discharges from fire-fighting activities;
2. ;
2 1A/~,+~rc~ . ~r! ~h ...hG.+l.,o ...M.,.~ iJ~i~rir~r.+~ .e i.+ ~ orl•
4--Water used to control dust, provided ~~-reclaimed water or other waste-
waters are not used;
. ;
6~. Routine external building wash down where detergents are not used;
4~. Pavement wash waters where spills or leaks of toxic or hazardous materials
have not occurred (unless all spilled material has been removed) and where
detergents are not used;
Uncontaminated air conditioning or compressor condensate;
f8. Uncontaminated ground water or spring water;
~a-9. Foundation orfooting drains where flows are not contaminated with process
materials such as solvents;
Fire hvdrant flushina. ~~otable water li~~well flushing where the receiv-
ing waters are ephemeral;
Water used for compacting soil, provided ~~-reclaimed water or other
wastewaters are not used;
~a-3. Water used for drilling and coring such as for evaluation of foundation ma-
terials3; where flows are not contaminated with additives; and
11a-4. Uncontaminated aAF~ater~ obtained from dewatering opera-
tions/foundations in preparation for and during excavation and construction.
Section 3. Section 25.02.05 ("Stormwater Pollution Prevention Plans (SWPPP)") of the Ma-
rana Stormwater Management Ordinance (Marana Land Development Code Title 25) is hereby
amended as follows:
a. Paragraphs A and D are modified by requiring three copies of the speci~ed
documents, rather than two copies.
{00008415.DOC / 2} - 3- 3/24/2008 5:16 PM FJC/cds
b. Paragraph A is modified by adding the words "each in a three-ring binder" after
the parenthetical statement "(both a narrative and engineering drawings)."
c. Paragraph C and the last sentence of paragraph E.3 are modified by deleting the
ward "grading" and adding the words "for construction activity as defined in
Section 25.01.02 of this Title" at the end of the sentence (that is, after the word
"permit").
d. Paragraph H("Routine Inspection Schedule") is modified by adding a new para-
graph 3 as follows: "If the site is temporarily stabilized, the operator may utilize
the reduced inspection frequency outlined in the AZPDES Construction General
Permit."
Section 4. The various town officers and employees are authorized and directed to perform
all acts necessary or desirable to give effect to this Ordinance.
Section 5. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or mo-
tions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effective
as of the effective date of this Ordinance.
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 juris-
diction, such decision shall not affect the validity of the remaining portions hereof.
Section 7. This ordinance shall become effective on the 2°d day of May, 2008.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this lst day of April, 2008.
Ed Honea, Mayor
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
{00008415.DOC - 4- 3/24/2008 5:16 PM FJC/cds
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 11, 2008
PLACE AND DATE
Marana Municipal Complex
A. CALL TO ORDER AND ROLL CALL
By Mayor Honea at 6:04 p.m.
COUNCIL
Ed Honea Mayor Present
Herb Kai Vice Mayor Present
Russell Clanagan Council Member P~resent
Patti Comerford Council Member Present
Carol McGorray Council Member Pr~sent
Jon Post Council Member Pres~t
Roxanne Ziegler Council Member ' Present
STAFF
Mike Reuwsaat Town Manager ' Present
Gilbert Davidson Deputy Town Manag~r Present
Deb Thalasitis Assistant Town Manag~ Present
Frank Cassidy Town Attorney Present
Jocelyn Bronson Town Ct~rk Pxesent
B. PLEDGE OF ALLEGIANCE AND IN'S~OCA'~'TUl'~IM~MENT OF SILENCE
Mayor Honea led the plec~ge t~f allegiance. '
~ C. APPROVAL OF A+G~NDA
Motion: App~vv~, Move~l;by Vice 1Vfay~~;~iTerb Kai, Seconded by Council Member Carol
McGvrt~ay.
D. CAI.,L, TO THE PUBLI~
E. PRESEN'I`t~TIONS -
1. Presentat~on: Capital Project Financing Alternatives
Erik Mon~~gue presented to Council an overview through a slide presentation,
including current market conditions, debt coverage information and draft calendar.
He introduced Mark Reader from Stone & Youngberg as advisor to the Town
regarding financing alternatives. Michael Cafiso is bond counsel and also a member
of the team, but he was unable to attend the meeting. A copy of the slide presentation
is on file with the Town Clerk. CIP projects under construction will require
approximately $36.2 million in bond financing.
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 11, 2008
Mark Reader addressed the bond issuance process under Arizona law for the new
Council Members. He presented a grid of the major alternative financing options for
city and town clients to help select the appropriate option for Marana. He then
focused on the various types of financing - starting on page 7 of the presentation - and
the requirements, the first being General Obligation Bonds.
The next type of bonds are: Excise Tax Revenue Bonds, noting that this financing
option does not require an election, and that this is the common financing alternative
for cities and towns.
Utility Revenue Bonds for water and wastewater faciliti~s require no election, and is a
common financing alternative. Oro Valley and Metr~ ~ater District have used this
type of financing.
Page 14 shows Special Improvement Districts (ID)' (Tangerine Road fell into this
category in 2006.) An annual assessment is paid to the town, 51°~0 of the property
owners must agree to its formation, and ID bonds are considered a contittgent liability
to the Town's general fund.
Community Facilities Districts are discussed' t~n page 15 and are similar to
improvement districts in that they benefit a particular area. The town is not at
liability for a CFD failure to pay debt service on this.
Mr. Reader shared a summary of the town'~ ~urrent debt profile, as shown on page
19 of the presentation. The big project was in 20t1~ for the Municipal Complex. Most
of this debt is bein~ repaid from the f.,reneral Fund.
On page 22, the Excise' Tax Revenue B~nd Credit Rating Criteria and Impact on the
town is displayed', The ~~~.ndard & Poor's credit rating shows an AA- credit rating on
Febrt~ary 14, 200$. T'hey are ~w~r~ that the town is considering a new rating in 2008.
'I`~e Fitch ~t.~ng is A+ which is a notch below the S&P. However, discussions are
ensuing with ,~r, Montague on this point. Mr. Reader gave an overview of the
criteria as outlin~i in the presentation. He then spoke to the goal which is to maintain
the AA- and upg~de Fitch to a similar rating. Should the Council decide to move
forw~rd with additit~nal bonds, there is still a lot of work ahead.
Mr. Reader then gave a summary of market conditions and estimated interest rates.
Due to the' current economic trends, several bond insurance companies are having
issues which limit the companies Mr. Reader will consider warking with. Limits are
currently at 2.87%; 4.75% with insurance would be the current rate for the town
today.
On page 28, the Pro-Forma Debt Service and Coverage Analysis gives an analysis at
the fixed rate for a$30 million bond issue and the estimated debt service and
coverage. Next, he presented Sources for Repayment which Mr. Montague reviewed
with Council and the Contracting Sales Tax Revenues source slide on page 29. He
also indicated that there is a draft financing calendar in the Council packet.
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 11, 2008
Once there is an opportunity to structure the financing, staff will return to Council to
request approval of a bond issuance. The calendar anticipates a financing opportunity
early in June, 2008.
Mayor Honea then asked for questions from the Council. Council Member Ziegler
asked what the difference is between AA- and A+. Mr. Reader stated that the AA-
rates are better and the better option would be to maintain the AA-. Bond insurance
is a major factor in this. Mr. Montague noted that tonight's presentation is
preliminary to any work that needs to be done. Council Member Post asked if some
of the CIP projects might be held back in order to put money into FEMA-type
projects that may come up. Mr. Montague stated that ~lais is really the beginning of
the debt service/financing project, and may encam~~ss timing or the need to
reevaluate any of the projects. The town is currentl~ at 16°/a Qf its bond capacity.
Council Member Ziegler asked about the p~fl~ec~ with the Twitn Peaks Interchange.
Mr. Montague noted that Barbara Johnson would be able to spea~ ta that particular
issue as well as the multiple revenue streams and financing for the project. One of
the issues is injecting or infusing the pro~ect with enough cash at the appropriate
times to meet the construction schedule.
This particular project list wa~:nc~t intended to be at~ ~f the projects.
2. Presentation: Certificates of ExceIlen+ce
Mayor Honea presented this item. Mayor Hon+ea read several of the ratings that the
tournament re~~ived various golf channels, which were very high. Mr. Davidson
noted that #1~e certificates of appreciation for work on the PGA event would be
distributed ta ~te staff tornorrow, as many vf them were not able to be at the meeting.
3. Pres~n~k~tion: Ov~rview of the ~~mino de Manana project and the acquisitions
needed to construct it '
: Barbara Johnson presented fo Council. Copies of the presentation are available for
' viewing in the Town Clerk's Office.
Counc~ Member Ziegler asked several questions about the two-lane and four-lane
options and costs. Ms. Johnson noted that staff is currently looking at the feasibility
of two versus four lanes to look at the relative value. Right now she has only
engineer's estimates. She will be looking at all options to get the maximum benefit
before she comes back to Council to make a recommendation. This is still part of the
project development phase. Council Member Ziegler asked a question regarding the
funding vs. cost overview slide.
Ms. Johnson stated that until there is paper in hand to bid on jobs, she won't know
what the jobs are going to cost. She is only able to deal in estimates at this time.
Projects used to be split up in parts of projects.
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 11, 2008
Ms. Johnson wants to have the total project cost so that she will have the real cost of
the project to provide to Council. Ms. Johnson said she is trying to get the 404
permits by October of 2008.
She then referred to the slide of right of way and easement acquisitions that involve
53 properties along the Camino de Manana alignment. Council Member Ziegler
asked how many residents there were in the 53 properties. Ms. Johnson will provide
her with a copy, but noted that no properties would be acquired without Council
approval.
Council Member Post asked if there was some type of m~chanism to receive extra
funds for the repayrnent of the road - since State Land wi~~ make money off of this
project. Mr. Reuwsaat noted that future impact fee~ would ,go to pay on the
infrastructure of this project. Frank Cassidy addr~~sed this qu~stion. He also stated
that one of the reasons this item was on a stud~ session agenda tvni,ght was to be able
to bring back a condemnation resolution at next week's regular me~ti~g for Council
approval.
Council Member Comerford asked if these prt~p~rties were all that would be
acquired. Both Ms. Johnson and Mr. Cassidy noted that there could be even more
properties if they are split. Mst Johnson will get C~uncil l lxl7 maps showing
property owners and those prop~rties with structures. ~
ANNOUNCEMENTS/UPDATES -
PROCLAMAT~ON~ -
F. MAYOR AND COUNCIL R~+ PORTS: SUM~RY OF CURRENT EVENTS
Counc~l l~~mtber McGor~ray reporte~ ~a~ tne Sonoran Desert Institute Dinner Awards- Sky
Ranch ~n~ 1VIcCli~atock's at ~~~aro Ranch received awards.
Council Member Posf r~minded people of the arena activities during Founders' Day.
Mayor H+~~ea spoke aboufi the Sonoran Desert Institute Dinner Awards.
G. MANAGER'S I~PO1~T: SUMMARY OF CURRENT EVENTS
H. STAFF REPORTS
GENERAL ORDER OF BUSINESS
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 1 l, 2008
I. CONSENT AGENDA
Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council
Member Patti Comerford.
1. Minutes of the January 8, 2008 regular session.
J. COUNCIL ACTION
K. BOARDS, COMMISSIONS AND COMMITTEES
L. ITEMS FOR DISCUSSION/POSSIBLE ACTION
1. State Le~islative Issues: Discussion/Directit~n/Action, regarding all p~nding bills
before the Legislature
M. EXECUTIVE SESSIONS
1. Executive Session pursuant to A.R.S. §38-431.03 (A)(~~z Council may ask for
discussion or consultation for leg~1 advi~~ with the Town Attorney concerning any
matter listed on this agenda.
2. Executive Session pursuant to A.R.S. ~ 3+8-431.03(r~;~~3),(4) and (7), discussion or
consultation for legal a~'~i~e with the Tt~wn's attorneys and discussion and to
consider its pa~ition and i€~nstruct the To~v~+n Manager and staff concerning various
water rights, wat~r service, water acquisitatt~n, sewer service and related issues,
including without limitat~ot~ the laws~it entitled Town of Marana v. Pima
Cou~~~ ~~~cppa Cout~tty Super~or ~~urt No. CV2008-001131, (b) the lawsuit
enf~''~led Pima~i~~~~ty v T~wn of Marana, Pima County Superior Court No.
C~007'7448, (c) po~~~ble act~u~~iti.vn of Tucson Water infrastructure and accounts
Yar~~ted within the ~~rana town Gmits, (d) the Honea Heights Sewer project, and (e)
cert~i~ confidential water resources that are the subject of the Water Services
Consutl#~n~ Agreeme~t` entered into by Resolution No. 2007-51.
3. Executive Se~sion pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the
Town's position and instruct its representatives regarding negotiations for the
purchase of property rights needed for the Twin Peaks interchange project, CIP
number 2001-44, from the parcels of property generally identified as Pima County
Assessor's parcel numbers, 226-08-0150, 226-15-0090, 226-15-008B, 226-15-017B,
226-15-O18B and 226-15-019A, and to instruct the Town's attorneys in settlement
negotiations and contemplated condemnation proceedings relating to the same
property rights.
N. FUTURE AGENDA ITEMS
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 11, 2008
O. ADJOURNMENT
Motion: Adjourn, Moved by Council Member Carol McGorray, Seconded by Council
Member Patti Comerford.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on March 11, 2008. I further certify that a quorum was pres~nt.
Jocelyn C. Bronson, Town Clerk
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 18, 2008
PLACE AND DATE
Marana Municipal Complex
A. CALL TO ORDER AND ROLL CALL
By Mayor Honea at 7:01 p.m.
COUNCIL
Ed Honea Mayor Present
Herb Kai Vice Mayor Absen#lExcused
Russell Clanagan Council Member Present
Patti Comerford Council Member Pr~~ent
Carol McGorray Council Member Pr~sent
Jon Post Council Member Present
Roxanne Ziegler Council Member Present
STAFF
Mike Reuwsaat Town Manager 'Present
Gilbert Davidson Deputy Town Managex _ Present
Deb Thalasitis Assistant Town Manag~r Absent/Excused
Frank Cassidy Town Attorney Present
Jocelyn Bronson Town ~lerk ° ~"ir~ent
B. PLEDGE OF ALLEGIANCE AND INVOCATIONIMQMENT OF SILENCE
Mayor Honea gave the invc~cation.
C. APPROVAL OF AG~~1DA
Motion: ~lp~x~vve, Moved b,~ ~Gouncil M~~nher Carol McGorray, Seconded by Council
Memb~r Jon Pos~
D. CALL 'TO THE PUBLIG
Ed Stolmaker, President and CEO of the Marana Chamber of Commerce, informed Council
of two Chamber events U~ing held this week.
E. PRESENTATION~
1. Presentation: Relating to the development of the FY 2008-09 budget
Erik Montague presented this item to Council as an update to the 2008 current fiscal
year budget and a 2009 budget outlook. Mr. Montague's presentation covered the
Arizona economy, the Town's current fiscal condition, the general fund, and a
preliminary outlook to the 2009 budget. Copies of the presentation are available for
viewing at the Town Clerk's Office.
ANNOUNCEMENTS/UPDATES -
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 18, 2008
PROCLAMATIONS -
F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Post commented about the great turnout for Founders' Day held this past
Saturday.
Council Member Comerford stated that Founders' Day was wonderful. Ms. Comerford
also mentioned the need to re-visit a new traffic study to be done at Emigh and Sandario
Roads after a recent traffic accident.
Council Member McGorray stated that she along with Mike'i2euwsaat, Council Member `
Clanagan and Mayor Honea attended the Growth Forurn.
Mayor Honea spoke about attending the Growth Forum. Mayor Honea also attended
Founders' Day.
G. MANAGER'S REPORT: SUMMARY OF CU~~NT E~NTS
H. STAFF REPORTS
GENERAL ORDER OF BUSINESS
I. CONSENT AGENI~A
There are no items for consent agenda.
J. COUNCIL A~TION
1. Resolution No': 2Q08-44: Relating to Real Estate; authorizing the acquisition by
~egotiation or cond~mnation vf lands and property rights needed for the Camino de
Manana, Linda Vist~ Boulevard to Tangerine Road, Town of Marana Project No.
2001-52 ,
Frank Cassidy presented to Council as an item for condemnation for the Camino de
Manana.
Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Council
Member Patti Comerford Vote: Motion carried 6-0.
2. Resolution No. 2008-45: Relating to Community Development; granting in-kind
services paid through discretionary funding to the Perimeter Bicycling Association
of America, Inc., an Arizona 501 (c)(3) non-profit organization, to support the Tour
of the Tucson Mountains bicycling event to be held April 27, 2008 in the Town of
Marana
T. Van Hook presented this item to Council.
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 18, 2008
Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council
Member Carol McGorray. Vote: Motion carried 6-0.
3. Minutes of the February 19, 2008 and the March 4, 2008 regular meetings.
Motion: Approve, Moved by Council Member Jon Post, Seconded by Council Member
Patti Comerford Vote: Motion carried 6-0.
K. BOARDS, COMMISSIONS AND COMMITTEES
L. ITEMS FOR DISCUSSION/POSSIBLE ACTION
1. State Legislative Issues: Discussion/Direction/Action rega~ir~ng all pending bills
before the Legislature
Stephen Romero went over two State Legislative issues with Counc'i~:; „
M. EXECUTIVE SESSIONS
1. Executive Session pursuant to A.R.S. §38-431.03 {~)(3), Council may ask for
discussion or consultation for legal advice with the Tt~wn Attorney concerning any
matter listed on this agenda.
2. Executive Session pursuant to A.R,~. § 3$-~31.03(A)(3),(4) and (7), discussion or
consultation for legal advice with the Town~s ~ttorn~eys and
discussion and to con~ader its position'and instruct the Town Manager and staff
concerning various water rights, water service, water acquisition, sewer service and
related issues, including v~ithout limitation (a) the lawsuit entitled Town of Marana
v. Pima County, Maricopa County Supei-~or Court
No. CV2008-00113~~ (b) tl~~ t~'wsuit entit~~d Pima County v Town of Marana, Pima
County Snperior Court No. C20i~774~48, (c) possible acquisition of Tucson Water
infrastructure and accounts located within the Marana town limits.
~~~cutive Session ~u~r~uant to A~.R.S. §38-431.03 (A)(4) and (7) to consider the
Tow~pt's position ant~ ~nstruct its representatives regarding negotiations for the
purch~sc~ of propert~'rights needed for the Twin Peaks interchange project, CIP
number' ~{i01-44, froit:~ the parcels of property generally identified as Pima County
Assessor's p~~~el ~umbers, 226-15-008B, 226-15-017B, 226-15-018B and 226-15-
019A, and to instruct the Town's attorneys in settlement negotiations and
contemplated eondemnation proceedings relating to the same property rights.
N. FUTURE AGENDA ITEMS
O. ADJOURNMENT
Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council
Member Carol McGorray. Passed 6-0.
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 18, 2008
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on March 18, 2008. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
~pW N OF
TOWN COUNCIL
MEETING TOWN OF MARANA 9: ;
INFORMATION
~ '~RIZON~'
MEETING DATE: April l, 2008 AGENDA ITEM: J. 1
TO: MAYOR AND COUNCIL
FROM: Deb Thalasitis, Assistant Town Manager
SUBJECT: a. Executive session pursuant to A.R.S. § 38 431.03 (A)(1) for dis-
cussion about and with Town Magistrate Jim West concerning re-
appointment.
b. Discussion and possible action concerning whether to reappoint
Jim West as Town Magistrate.
DISCUSSION
The Town Magistrate appointment/reappointment process was presented at. the March 25, 2008
Council meeting. As part of the discussion and deliberations, current Town Magistrate Jim West
requested that the Council first make a decision on whether or not to reappoint him as Town
Magistrate, and then to proceed with soliciting other applications for Town Magistrate only if he
is not reappointed. The Council unanimously approved this approach, and requested that a per-
sonnel executive session item and an action item be placed on tonight's agenda.
These agenda items facilitate Council discussion about and with Judge West, either in executive
session or (at Judge West's option) in public, and accommodate any possible resulting Council
decision, including but not limited to the following:
• To reappoint Judge West to an additional two-year term and to request that a contract be
brought back to Council for consideration.
• To decide not to reappoint Judge West to an additional term.
• To delay a decision while additional information is gathered, and establishing the process for
gathering the desired information (for example, establishing a public comment period regard-
ing the reappointment).
• To suspend a decision on reappointment until Judge West's performance and qualifications
may be evaluated in the context of and by direct comparison with others who may apply for
the position.
Consistent with any personnel matter, substantive documentation (if any) relating to these items
will be provided confidentially to the Council with a copy to Judge West.
RECOMMENDATION
None.
SUGGESTED MOTION
Council's pleasure.
{00008536.DOC 3/26/2008 6:15 PM FJC
~pWN OR
TOWN COUNCIL
MEETING TOWN OF MARANA 9;
INFORMATION
qR1ZON~`
MEETING DATE: April l, 2008 AGENDA ITEM: J. 2
TO: MAYOR AND COUNCIL
FROM: Michael A. Reuwsaat, Town Manager
SUBJECT: Citizen's Task Force to Review Mayor and Council Compensation
DISCUSSION
Members of the public and elected officials have requested that consideration be given to a
review of the Mayor and Council Members' compensation. This review is in recognition of the
increasing responsibilities of the Mayor and Council in our growing and maturing community.
Council Members often spend more than 20 hours per week working on behalf of the Town of
Marana. The position of Mayor has virtually become full time.
In order to give full consideration to the factors involved in such a review and to make a
recommendation to the Council, I am recommending that a Citizen's Task Force on Council
Compensation be appointed by the Mayor and Council for a period not to exceed three months.
The Task Force will be asked to review all aspects of the duties performed by the Mayor and
Council Members and to make a recommendation regarding compensation for that service as
outlined below.
SCOPE OF WORK
The scope of work of this committee will include: ~
• Mayor and Council annual salary compensation
• Other Mayor and Council compensation/expenses, including vehicle and phone
allowance
• Development of job descriptions and/or expectations for the position of Mayor and
Council Member
• Incorporation of the Code of Teamwork and Cooperation into this framework
Senior staff will provide support to this Task Force. The Task Force shall elect a Chairperson
who will make a recommendation and report to Council on behalf of the Task Force no later
than
JCB/03/28/2008/10:54 AM
RECOMMENDATION
I recommend the appointment of the following Marana citizens to this Task Force:
• Jack Noble
• Thom Cope
• Larry Steckler
• David Morales
• Clay Parsons
• Dan Sullivan
SUGGESTED MOTION
I move to appoint Jack Noble, Thom Cope, Larry Steckler, David Morales, Clay Parsons and
Dan Sullivan to the Citizen's Task Force on Council Compensation for a period not to exceed
three months.
-2-
1pWN OF
TOWN COUNCIL
MEETING TOWN OF MARANA 9 ;
INFORMATION ~
qR1ZON~'
MEETING DATE: April 1, 2008 AGENDA ITEM: L.1
TO: MAYOR AND COUNCIL
FROM: Michael A. Reuwsaat/Steve Romero
SUBJECT: State Le~islative Issues: Discussion/Direction/Action regarding all
pending bills before the Legislature
DISCUSSION
This item is scheduled for each regular council Meeting in order to provide an opportunity to
discuss any legislative item that might arise during the current session of the State Legislature.
Periodically, an oral report may be given to supplement the Legislative Bulletins.
ATTACHMENTS
Legislative Bulletin, Issues 10 and 11, and letter from Boyd W. Dunn, President of the Arizona
League of Cities.
RECOMMENDATION
Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative issues.
SUGGESTED MOTION
Mayor and Council's pleasure.
JCB/03/24/2008/4:03 PM
#
~ ~
~
~ ~
~
IN THIS Bulletin Issue 10 - March 14, 2008
ISSUE
REVENUE SHARING CREDIT MEETS SKEPTICISM
Revenue Sharing Credit Meets
Skepticism 1 As many of you were alerted this week, another bill that gives county residents a 15
percent tax credit &om the Urban Revenue Sharing Fund was heard in the House
Govemor Vetoes Expenditwe Appropriations Committee on Wednesday. The bill, House Bill 2641, was sponsored
Freeze 2
by Representative Rick Murphy (R-Glendale). Although the bill passed out of the
Comprehensive Energy Bill committee (9 yes, 6 no, 2 absent), even those who voted for it expressed skepticism over
Returns 2 its fairness.
Court Costs 2
Some of the strongest statements against the bill were made by Representative Nancy
Sign Walkers 2 McLain (R-Bullhead City). Rep. McLain told the committee that cities provide
National L.eague of Cities numerous services for rural residents, particularly those county residents around
Conference 2 Bullhead City, because city streets, parks, libraries and emergency services are used by
city residents and county residents alike. Joining Rep. McLain in voting no were
The Weekly Spotlight 3 Representatives Olivia Cajero-Bedford (D-Tucson), Cloves Campbell (D-Phoenix),
Linda Lopez (D-Tucson), David Lujan (D-Phoenix) and David Schapira (D-Tempe).
Legislatave Bulletin is published by the
r.ea~,e ornriZOna c~c~es ~a ToWns. In an encouraging sign, even some of the members who voted for the bill voiced their
Fornazd your comments or suggestions unease regarding its premise - that county residents derive no benefit from cities.
to:
Representative John Kavanagh (R-Fountain Aills) was joined by Reps. Russell
Lea~'e °fA`~°°a c't'es & T°W°S pearce (R-Mesa) Judy Burges (R-Sun City West) and Andy Biggs (R-Gilbert) in this
1820 West Washington Stree[ ~
Phcenix, Arizona 85007 sentiment.
Phone: 602-258-5786
Fax: 602-253-3874
Email: league@azleague.org Before the revenue sharing bill was heard, the House Appropriations Committee heard
Intemet: www.azleague.org
another bill sponsored by Rep. Murphy. House Bill 2637 puts into state statute
numerous prohibitions against municipal taxation of certain services. This bill is
problematic for two reasons: first, city sales taxes are already well-governed by the
Model City Tax Code and the Municipal Tax Code Commission; second, although cities by-and-large do not tax services,
the wording of the bill would make some activities (e.g. advertising, auto parts) that are now taxed suddenly exempt
resulting in large revenue losses for many cities.
When considering the bill, members expressed surprise that the bill resulted in revenue loss for the cities. The sponsor
conceded that the bill was supposed to only prohibit the future taxation of services by cities and not to affect current tax
policies. The bill eventually passed out of committee by the same vote as H.B. 2641 (above), but even those voting yes
expressed concern that the bill went too far and that floor amendments were necessary.
We will let you know if either of these bills moves any further in the process.
March 14, 2008
GOVERNOR VETOES EXPENDITURE The sponsor of the bill, Representative Ben Miranda
FREEZE (D-Phoenix) indicated that he is willing to look at
adjustments to the legislation. H.B. 2753 passed out of
Governor Napolitano swiftly vetoed House Bi112857 its original committee a few weeks ago and could be
just hours after it arrived on her desk. This bill, headed to the House floor soon. We are in touch with
expedited through both chambers last week in an effort the Administrative Office of the Courts to address
to get something budget-related to the Governor, froze concerns and will keep you apprised on the bill's
state government access to and use of this year's progress.
remaining funds. This veto spurred a request by
legislative leadership for the Governor to begin
participating in the bi-partisan budget negotiations that SIGN WALKERS
are now taking place daily in an attempt to address the
state's budget shortfall quickly. At this time, we have Representative Bob Robson, (R-Chandler) the bill's
not heard any proposals relating to shared revenues. sponsor and Representative Steve Farley (D-Tucson)
reached a compromise on an amendment to House Bill
2066-sign walkers; municipal regulation. The
COMPREHENSIVE ENERGY BILL amendment strikes the language for "public safety
RETURNS purposes only," which means that cities and towns could
regulate sign walkers for other reasons, such as
House Bill 2766, introduced by Representative Lucy aesthetics. The amendment also struck provisions that
said any current municipal ordinance not in line with the
Mason (R-Prescott), a comprehensive effort to move bill would be void. The bill as amended passed the
the state toward renewable energy, was given new life House floor vote 51-8-1.
this week. Representative Ray Barnes (R-Phoenix),
chairman of the House Environment Committee, The Senate companion sign walker bill, Senate Bill
brokered agreements with all of the stakeholders and 1076, sponsored by Senator Jack Harper (R-Surprise)
agreed to release the bill from his committee. Although passed its Committee of the Whole on Thursday.
we had numerous problems with many of the provisions Senator Harper amended his bill with the same
in the original drafts of the bill, we were able to move to amendment as that of the House version, making the two
neutral after many long negotiation sessions. The final bills identical, which allows the bill to get through the
draft of the bill will only require cities, towns and process faster and reach the Governor's desk.
counties to report to the Department of Commerce the
number of "green" building permits they issue based on
information already required on the building permits. NATIONAL LEAGUE OF CITIES
If you have any questions about this bill, please contact CONFERENCE
Jeff at the League.
About 120 city and town officials from Arizona traveled
to Washington D.C. this week for the annual
COURT COSTS CongressionalCitiesConferenceoftheNationalLeague
of Cities. While there, many officials were able to meet
House Bill 2753 - traffic citations; payments; personally with their Representatives, attend NLC
reinstatement fees, would require courts to transmit to programs on a variety of current legislative topics and
the Department of Transportation's Motor Vehicle hear from some of the leaders of the House, Senate and
Division (MVD) the reinstatement fee necessary for a Administration.
person to get their driving privileges reinstated. The bill
also caps the transmittal fee at $5.00. Once again this year, the offices of Senators John
McCain and Jon Kyl helped the League host a meeting
The League is very concerned that the proposed new so delegates could have the opportunity to hear directly
process would place burdens on local courts to from our US Senators. Senator McCain was unable to
undertake a new procedure with minimal attend the briefing this year due to his campaign for the
reimbursement. Currently, if a person with a suspended Presidency, but Senator Kyl and members of the staff of
license owes money in other jurisdictions, there is no both Senators did spend about an hour answering
way for the other courts to know about those issues, as Questions and making arrangements to discuss future
the local courts can't see each other's or MVD's legislation and projects.
records. The person could end up paying reinstatement
fees repeatedly, versus collecting all of their clearance
letters from local courts and going to MVD once.
2 March 14, 2008
National League of Cities Conference contd. The Weekly Spotlight-
Representative Pete Hershberger
Also this year, Fifth-District Congressman and former
League President Harry Mitchell (D-Tempe), hosted Representative Pete Hershberger
an open house in his office for all members of the (R-Tucson) grew up in northwest
Arizona delegation. Tucson. He attended Harelson
Cities and towns in Arizona have a high level of Elementary the first year it opened in
1960 and began his political career at
involvement in the National League of Cities, with age 15 in 1964 campaigning for
many representatives on Steering. Committees, Policy Barry Goldwater. He graduated from
Committees, Affiliate Organizations and the NLC Board
Amphitheater High School in 1967, ~
of Directors. earned his Bachelor of Arts from
Colorado College in 1971 and a 4
Master of Education from the University of Arizona in
Counseling and Guidance in 1977.
` Representative Hershberger worked for the Arizona
~ ~
Department of Corrections with juveniles from 1972 to
1977 and was co-founder and co-owner of New
Columbus, Inc. from 1977-99, working with delinquent
and abused children and their families. He is currently
an administrator for Open Inn, Inc., a non-profit service
organization in Tucson working with youth and their
families. Representative Hershberger has over twenty-
five years of experience in contracting, budgeting and
, provision of service to state agencies, including the
Department of Economic Security, Administrative
Office of the Courts, Department of Juvenile
Arizona Senator Jon Kyl speaks to officials from Arizona Corrections and Department of Health Services.
cities and towns earlier this week in Washington DC. Senator
Kyl talked about a wide variery of
federal legislative issues Mr. Hershberger's efforts and leadership in children's
including immigration reform, water and transportation issues were recognized through his appointment to the
issues, mandatory collective bargaining laws for local police new Children's Policy Initiative Advisory Board. The
and fire departments, economic recovery and other issues.
About 70 Arizona oJficials attended the briefing, which Children's Policy Initiative was established by the
included members of Senator Kyl's staff and staff
from the National Conference of State Legislatures to assist states
office of Senator John McCain, who was unable to atrend the in developing effective children's policy, in addition to
briefing. working with the federal government to advise and help
shape federal policy and spending. He is one of only
twelve le islators nationwide to receive this
~ g
£r ~
~ ~ appointment.
~
f~~~~` Representative Hershberger is Chairman of the Human
Services committee and a member of the Education
~
(K-12) and Public Institutions and Retirement
II ~f~~ ~ ~ committees.
~
~ What prompted you to run for the legislature?
I was prompted primarily by my passion for
improving the conditions for Arizona's children.
City officials
from Peoria, Glendale, Chandler and Mesa were
among those who attended a reception in the Washington DC
office of Fifth-District Congressman Harry Mitchell.
3 March 14, 2008
How would you get more people interested in the
legislative arena?
A key area to engage citizens in the legislative arena
is to engage young people-let teenagers know how
state government impacts their lives~ivics in school!
What's your proudest legislative achievement?
The 2003 CPS Special Session compromise.
What do you think is the proper role of state
government? Of local government?
To work deliberatively to address the real problems
of Arizona with respect to those we serve and those
who pay the bills (the taxpayers) and to empower our
citizens to self-sufficiency and economic prosperity.
Local-same with respect to the real problems of the
community.
What kinds of things do you do to relax -favorite music,
books, etc?
Reading, exercise, hiking, photography.
Thank you for your time.
Thank you.
4 March 14, 2008
•
~ ~
i
~
IN THIS Bulletin Issue 11- March 21, 2008
ISSUE
SPEAKER WEIERS RECOGNIZES CITIES' BUDGET
Speaker Weiers Recognizes MANAGEMENT IN THE DOWNTURN
Cities Budget Management in
The Downturn 1 In a Republican caucus meeting this week, House Speaker Jim Weiers (R- Phoenix)
Position [.eaer to Governor, praised cities and towns for their tough choices in cutting their budgets in recognition of
Legislature 1 revenue shortfalls. As he gave an update on the options on the table to balance the
state's estimated $1.2 billion deficit, he specifically noted that revenue sharing was not
Impact Fees Bill Passes the on the list currently and he does not think that it should even be considered until the state
Senate 2 matches the 10-14% spending cuts that are becoming commonplace at the local level.
Website Postings 2
House Majority Leader Tom Boone (R- Peoria) and Representative Bob Robson (R-
Federat Update on Collective Chandler) agreed, warning that the unabated spending by the state could threaten the
Bargaining 2 remaining three shared revenue payments in FY ' 08, if the state runs out of money before
Local Enforcement And the fiscal year is complete. They recognized that this could be devastating to cities and
Immigration 3 towns that are already making drastic budget cuts. It is not clear how impending this
possibility is. State Treasurer Dean Martin announced this week that the state General
Taxation Without Fund would run dry around the beginning of May while Governor Napolitano says that
Representation 3 forecast is inaccurate and doesn't reflect the monies being reserved by the various
Court Costs Chapter Two 3 agencies.
Energy Bill Advances 4 This recognition is the first public statement by any of the parties negotiating the state
Legislative Days Continue To budget that cities and towns are operating within this same economy and have been
Be A Success! 4 proactively working to reduce their budgets, and that cutting shared revenues will only
result in further cuts at the local level. The League continues to talk with legislators and
The Weekly Spotlight 4 the Governor's office about the budget and the importance of shared revenues to the
state's economic engine.
Legislative Bul[etin is published by the
League of Arizona Ci[ies and Towns.
Fo~vardyourcommentsorsuggestions pOSITION LETTER TO GOVERNOR, LEGISLATURE
ro:
League of Arizona Cities & Towns As budget negotiations continue, League President Boyd Dunn, Mayor of Chandler, sent
1820 West Washington Street
rh~~X, aT~ooa ssoo~ a letter on Wednesday to the Governor, Senate President and Speaker of the House (the
Phone: 602-258-5786 letter is attached). In it, he reaffirms our budget priority is the protection of shared
Fax: 602-253-3874
EmaiL• league@azleague.org revenue, and addresses the issue of bonding for school construction as discussed by the
[ntemet: www.azleague.org League Executive Committee.
March 21, 2008
IMPACT FEES BILL PASSES THE tax levy was removed from the bill. The League wishes
SENATE to thank the bill's sponsor, Representative Steve
Yarborough (R-Chandler) and Mr. Kevin McCarthy
The Senate passed Senate Bill 1406 this week with a of the Arizona Tax Research Association (ATRA) for
25-3 vote. Senate President Tim Bee (R-Tucson), the the opportunity to address our concerns with the original
bill's sponsor, added provisions to the bill on the floor bill and working with us through the process.
that conform what impact fees counties can charge to
schools with the restrictions currently placed on cities
and towns. This amendment does not change any ~'~'EBSITE POSTINGS
portion of the bill that affects cities and towns and is not
expected to hinder the bill at all as it moves through the Senate Bill 1024, cities; campaign finance; website,
process. sponsored by Senator Linda Gray (R-Glendale),
requires all filing authorities (state, counties, cities and
S.B. 1406, along with last year's impact fee legislation, towns) that have a website to post campaign finance
makes significant changes to both how cities and towns reports on their websites. The House Counties,
administer their programs, but also to how fees can be Municipalities and Military Affairs Committee
used to offset the impacts of new growth. Given the (CMMA) heard the bill this week.
budget issues the cities and towns are facing, these new
provisions will take a considerable amount of time to The League made the arguments that smaller cites and
determine their impact on communities. As such, many towns should be excluded, and that if no one candidate
cities and towns are swallowing hard at this bill in exceeds $500 in spending municipalities should not
respect for the process in which is was negotiated but have to post. The committee reacted favorably to these
are adamant that a moratorium on changes to this points, especially Representatives Marian McClure
section of statute is needed. (R-Tucson), Lucy Mason (R-Prescott) and Theresa
Ulmer (D-Yuma). Representative John Nelson, (R-
Glendale), chair of the committee, also suggested a
GENERAL OBLIGATIONS BOND BILL delayed effective date, as these are hard times for
AMENDED ON HOUSE FLOOR municipal and county budgets. Senator Gray agreed to
amend the bill to satisfy these issues and the bill was
A floor amendment was adopted in the House held and will be heard again next week.
Committee of the Whole (COW) on House Bill 2585,
which deals with requirements for the use of general FEDERAL UPDATE ON COLLECTIVE
obligation bond indebtedness. The amendment revises
or deletes a substantial portion of the bill, but still BARGAINING
requires the following:
At the federal level, S. 2123, Mandatory Public Safety
1) Requires that if a proposed bond authorization Collective Bargaining, continues to be a major concern.
combined with current outstanding debt exceeds The provisions in the bill passed out of the House with
the constitutional debt limit if all the debt were overwhelming support and sponsors believe it is only
issued at the same time, you must so state in one or two votes short of being passed in the Senate.
your publicity pamphlet.
The specific provisions in the bill would:
2) Changes the assumption that the assessed • mandate public safety collective bargaining for all
valuation of property remains constant over the police and fire personnel in every local jurisdiction
term of the bonds and instead calculates the across the nation, regardless of local or state laws;
valuation increases at 50% ofthe projected total • require that any or all public safety officers could be
annual increase in secondary assessed valuation. organized into collective bargaining units;
• require local employers to recognize those
3) Allows refunding only up to 75% of the bargaining units;
weighted average maturiry of the bonds being • itemize bargaining issues to be hours, wages and
refunded. terms or conditions of employment; and
• require a fact finding or arbitration process to
4) Requires that the publicity pamphlet must state resolve impasses, and gives any party (including
not only the maximum number of years the unions) the right to file suit to enforce the statute.
bonds issue may run (current statute), but also
the minimum nuxnber of years the bond issue The National League of Cities along with a coalition of
may run from their issuance date. like-minded employers is leading the opposition to the
All language referencing the use of secondary property
2 March 21, 2008
Federal Update on Collective Bargaining contd. While S.B. 1331 is currently inert, H.B. 2723 has made
its way through the Rules Committee and soon could see
bill, but it has strong bi-partisan support in this election floor action.
year. The White House has not yet indicated whether or
not President Bush would veto the bill if it reaches his The bills are narrowly drafted to apply primarily to one
desk. NLC's lead lobbyist on the issue, Neil Bomberg situation in the communiry of Tusayan near the Grand
(bomberg~a,nlc.org), says Senate supporters are Canyon. They change the standard for establishing a
expecting to attach the bill to another essential item, CFD tax from 100% of the property owners to only
such as funding for troops in Iraq, in order to assure its 51 an amount which could be controlled by one
passage. Movement on the bill is expected in April or landowner or special interest. The property-ownership
May. Both Senators McCain and Kyl from Arizona standard currently in statute authorizes the imposition of
have said they oppose the bill. The bill is attached for only a secondary property tax; there is no reasonable
your convenience. nexus between property ownership and the imposition of
a sales tax. The maximum sales tax rate proposed in this
bill is 5%. No incorporated city or town has a rate
LOCAL ENFORCEMENT AND higher than 4% and most are in the 2-3% range.
IMMIGRATION
The League contends there are already proper statutory
Representative John Nelson, (R-Glendale) is the ~'ays to tax for infrastructure construction: a CFD can
sponsor of House Bill 2807, immigration; local authorize a secondary property tax, or the community
enforcement. As amended in the Committee of the could incorporate as a town (there are already statutory
Whole (COW) this bill no longer requires all provisions that allow the people in this area to
governmental officials to be involved in the enforcement incorporate with as few as 500 people rather than the
of immigration law. This bill was also amended to say usual number of 1,500) and adopt a sales tax by an
that the goal of enforcing immigration law may be elected town council. There is an active group of
accomplished by training local law enforcement officers citizens in Tusayan that want incorporation and have
or imbedding federal enforcement agents into local law recently met with the League to receive guidance on the
enforcement agencies. process. The bill's proponents say however that the
incorporation movement is dead.
The funding for training local law enforcement would
come from federal or state funds. Training provided to With all due respect to League Champions Rep. Tobin
peace officers and detention officers has to come from and Sen. O'Halleran, this bill is narrow, special interest
an authorized federal entity or an entity authorized by legislation that sets a dangerous precedent. Soon other
the federal government to provide appropriate training. small areas could be establishing their own sales taxes
without a vote of either an elected town council or the
The amended bill retains the language that there may not people.
be policies that restrict the flow of information relating
to immigration status of those arrested, those applying Both the League and the Arizona Tax Research
for benefits, services or licenses that are restricted on the Association (ATRA) strongly oppose these bills and are
basis of immigration status, or for verification of any working with numerous parties to stop this legislation.
claim of legal domicile if legal domicile is required by
law or contract, unless prohibited by federal law. COURT COSTS, CHAPTER TWO
The bill passed House Third Read 56-0, with four
people absent. House Bill 2753 - traffic citations; payments;
reinstatement fees, would in its original fortn have
required courts to transmit to the Department of
TAXATION WITHOUT Transportation's Motor Vehicle Division (MVD) the
REPRESENTATION reinstatement fee necessary for a person to get their
driving privileges reinstated. The bill would also have
House Bill 2723 sponsored by Representative Andy capped the transmittal fee at $5.00.
Tobin (R-Prescott) and Senate Bill 1331, sponsored by The bill's sponsor, Representative Ben Miranda (D-
Senator Tom O'Halleran (R-Sedona) seek to establish phoenix) amended his bill after several parties,
a new precedent by authorizing the appointed board of
a Community Facilities District (CFD) to levy a sales including the League and municipal judges voiced their
tax rather than a secondary property tax. This board concerns over the burden placed on local courts. Now
would not stand for election and would not be subject to the bill simply states that local courts have to notify
recall. MVD that the affected person has made their penalty
payment to the court. The rest of the reinstatement
3 March 21, 2008
Court Costs Chapter Two contd. budget at length, praising the cities and towns for
addressing their budget issues and stating he is not
process is now up to MVD. As amended the bill passed inclined to balance the state's budget on the backs
the House Third Read 59-0, with one not voting. of cities and towns.
The legislators mentioned above deserve our thanks for
ENERGY BILL ADVANCES taking time out of their busy schedules to meet with
elected officials and staff from their hometowns to
H.B. 2615 introduced by Representative Lucy Mason discuss issues that are important to cities and towns.
(R-Prescott), advanced on the House floor this week,
passing out of the chamber by a 48-8-4 vote. The bill A special thank you to those cities who have
began as a cap on the fees cities and counties could coardinated these events. The League as whole is much
charge for permits for the installation of photovoltaic more effective when legislators hear from their
systems and solar water heaters. However, after many constituent cities directly. For those who have not taken
negotiations with city development experts, the County advantage of this League service, it is not too late! For
Supervisors Association, the Homebuilders Association more information, please contact Cheyenne Walsh at the
of Central Arizona and representatives from the solar League office.
industry, the bill became a measure we could live with.
Instead of capping permit fees for installation of solar The Weekly Spotlight-
equipment, the bill requires cities, towns and counties to Representative Theresa Ulmer
link their permit fees to the cost of the service provided.
Additionally, if an engineering stamp is deemed This week's Spotlight features
necessary before issuing a permit, the contractor may Representative Theresa Ulmer
request a written reason for the stamp. Finally, we (D-Yuxna). After spending the
agreed to work with a newly created legislative study first half of her life in a farm
committee to look at the issue further. community in Nebraska, she
decided to make Yuma her home
and to raise her children there
LEGISLATIVE DAYS CONTINUE TO BE because Yuma reflects those
A SUCCESS! rural values she grew up with.
According to Ms. Ulmer,
Several communities have hosted a legislative day since growing up in a rural area taught
our last update on these events: her how lives are intertwined,
• The cities and towns from Apache and Navajo and the importance of helping
Counties hosted their event on February 4~'- with neighbors, community spirit and family values.
Senator Jack Brown (D- St. Johns) in attendance
and a meeting with Senator Jake Flake (R- Representative Ulmer is proud to have lived in Yuma
Snowflake) immediately following. for 15 years and is an active member of the community.
She served as an ombudsman for the Agency on Aging,
• The Town of Cottonwood also hosted a legislative organized community participation for the Yuma
day, meeting with Senator Tom O'Halleran (R- County Interfaith Organization, and served as a
Sedona) and Representatives Andy Tobin (R- Commissioner for the Yuma County Planning and
Prescott) and Lucy Mason (R- Prescott) Zoning Commission. She is an active member of her
throughout the afternoon on February 14`~`. church and the Yuma County Democratic Party.
Representative Ulmer is a mother of two children, ages
• Many cities and towns from the Central Arizona 10 and 12.
Association of Governments (CAAG) hosted their
legislative day on February 28th, with Senator She is currently an independent businesswoman and also
Rebecca Rios, Senator Jake Flake and works as a consultant on zoning and land use issues.
Representative Pete Rios attending. Combining university studies with 17 years of self-
employment including financial accounting,
• Lake Havasu, Kingman and Bullhead City hosted a manufacturing and business management, she has
joint legislative day on March 20, with Senator insights on the budget process and the ability to make
Ron Gould (R- Lake Havasu City) and p~dent decisions about state spending.
Representatives Trish Groe (R- Lake Havasu Representative Ulmer sits on the Counties,
City) and Nancy McLain (R- Lake Havasu City). Municipalities and Military Affairs, Environment and
They were also joined by House Speaker Jim Natural Resources and Public Safety committees.
Weiers (R- Phoenix), who discussed the state
4 March 21, 2008
What prompted you to run for the legislature?
Two open seats in the House was too good to pass up.
It is one of those "alignment of the stars and moon" kind
of moments. ~
How would you get more people interested in the
legislative arena?
Remind them of the importance of citizen participation
and the duty we have as citizens to hold elected officials
accountable.
What's your proudest legislative achievement?
After one short session it is hard to think I have
accomplished anything worthy of pride. At this point I
would have to say sponsoring the bill to remove the gag
order on Kids Care. The bill didn't get a hearing but it
was included in the final budget.
What do you think is the proper role of state
government? Of local government? ~
The state should make and adjust laws to make them
workable in this ever changing world. We should be
prudent in supporting our education system which in
return will create a better economy. The local
government should make sure our communities are safe
and prosperous.
What kinds of things do you do to relax
favorite music,
books, etc?
My current favorite book is Presidential Courage (of
course that can change at any moment). I love music in
general: U-2, Dave Matthews, Don Henley (my
daughter's name is Henley), Counting Crows, and a
huge list of Contemporary Christian artists - the list is
endless.
Relax? My motto is work hard, play hard! Mountain ~
biking, golfing, hiking, just about anything outdoors! I
guess playing guitar, yoga or fishing would be three
things that resemble relaxing.
Thank you for your time.
Thank you for the opportunity.
5 March 21, 2008
~.e~~u~ af Ari~ana
~ I824 W. Washingtan • Phoenix, AZ 85{~7 ~ Ph~ne: ((~2) 258-57~~ • Ea~c: (6(l2) 253-3Ft74
Email: league~azleague.org • Web site: ww~uazteague.org
~l~.l~~ ~~~~C~V~l~l~ _ _ _
March 19, 2008
VIA HAND DELIVERY
The Hotzorable Janet Napolitano
GoverciUr pf Arirona
1~n0 West Washington Street
Phoenix, AZ 85007
The Honarable Tim Bee
President of the Senate
1700 West Washington Sl~•eet
Phoenix, AZ 85007
The I-~ono~•able Jim Weiers
Speaker of the House
1700 West Washington Street
Phoenix, AZ 85007
Dear Governor Na~olitano, President Bee and Speaker Weiels:
Within the context nf the current budget crisis, the League a:f Arizona Cities anct T~wns
was asked to take a positian on bonding far school construction. In response to this request, che
' League Executive Committee cliscussed this issue at a meeting on February 1S, 2008.
Our principal coricec~n with the state's budget i~ its potential impact on our shared
revei~ues. It would not have been necessary for us to engage in this discussic~n at all if we clid not
have so mcich at stake. With that as background, the Committee fully debated the question of state
bonding for school ce~nstru~tia~. M~ly ni~rnbers were som{~I~tely in suppoi~t af it. After all, cities
are very familiar with this tool because we regularly u5e it to construct infrastructure. Othcr
rnembers were opposed to the concept, Tlieir coneern was that long-term debt with~ut a long-term
plan for repayment might add to futut~e budget problem5 fnr the state.
However, the n~ajority of inernbers believecl that whether or not the Governor and
Legislature decide to use bonciing t~ resolve the current fiscal crisis was not a decision on which
our organization should officially take a position. We consistently oppose legislation that limits
our local cc~ntrol and that dictates to cities and towns how to ritn our coinm~:uiities. Our opinion is
that we, as locally elected officials, are i:n the position to detei•mine our best course af aetic~n ~n
issues facing c~ur level of governrrient. Many niembers of the Legislature understand our coneerns
and help us modify ar defeat bills that negatively irnpact our authority in local decision making.
When we are unsuccessful in defeating these types of proposals, we tnust ask ttie Govern~r far a
veto arid in many cases she has obliged us, We appreciate the support that bUth the Legislattzre
and the Governor have given us.
Based upon the discussion, the consensus of our Executive Committee was that we, as an
organization, do not want to be telling state policy makers how to solve probiems at their level of
government. This position did, however, leave individual locally elected officials free to express
their personal opinions on this issue.
Weeks have passed since this discussion took place and the state's budget crisis has yet to
be resolved. Given the magnitude of the problem and the timeframe in which it must be solved, it
seems any solution that does not include some level of debt financing will have dire negative
consequences on this state. Members of the Legislature, including those in leadership, have
acknowledged this during our meetings with them and in media reports. The question does not
seem to be whether bonding witl be used, in addition to other budget-cutting measures, but when
and how much will be necessary.
The answers to these questions need to be made at the negotiating table between the
Governor and members of the Legislature. It will take courage, leadership and statesmanship to
resolve this problem without. creating more economic turmoil.
Cities and towns are responding to the current budget crisis by making the difficult
~ decisions to reduce spending, trim services and, in some cases, lay off personnel, As you are very
well aware, shared revenue is a critical part of city and town budgets, in many cases making up 30
to 40 percent of a city's general fund. Any reduction in this poi~tion of our local budgets will force
us to make even deeper cuts.
It is undeniable that strong cities will be an important partner in reviving our state's
economy. Protecting shared revenue will be one essential step you can take to successfully
manage this economic crisis.
We know you have an extremely difficult task ahead of you. Still, we are confident that
everyone, regardless of party affiliation or political philosophy, is working hard to make the best
decisions for the people of Arizona.
Sincerely,
-
Boyd W. Dunn
President
cc: League Executive Committee
Mayors of Arizona Cities and Towns
B WD/sm
II
110Tt1 CONGRESS S. 212 3
1ST SESSIO\
To pro~~ide collective bargaining rights for public sa.fety officers employed
b3~ Sta.tes or thei~• political subdivisions.
IN THE SENATE OF THE UNITEll STATES
ocTOBEx, 1, 2007
i~ir. G1tFGG (for himself, Mr. I~ENNEDY, 112r. GOI.ENIAN, nZr. DODD, Ms. C07.-
i,INS, 1121•. HARKIN, Mr. DOhIErIICI, Ms. ~ZIICUr.SIff, 1VIr. MARTINEZ, NXrs.
NIu~,~Y, l~tr. S~Tx, iVtrs. Crarrrox, Ms. SNOwE, lYlr. OB~Ma, 1VIr.
SPF.CTEIt, Mr. SANDERS, Mr. BRO~, 1VIr. STEVENS, NIr. LIEBERI4L~N,
Mr. SUNUNU, aud 11Zr. PRIOR) introduced the follo~ring bill; wluch ~vas
read L~vice and referred to the Committee on Health, Education, Labor,
and Pensions
A BILL
To providc collectivc bar~ainin~ ri~hts for public safcty
officers employed by States or their political subdivisions.
1 Be it e~~acted by th.e ~S'enate ~ncl Hm~se of' Representa-
2 tives nf'the United States of'Amae7ica in Cong7•ess assembled,
3 SECTION 1. SHOftT TITLE.
4 This Act m~y be cited as the "Public Safety Em-
5 ployer-Employee Cooperation Act of 2007".
C SEC. 2. DECLARATION OF PURPOSE AND POLICY.
7 The Congress declares that the following is the policy
8 of the United States: