HomeMy WebLinkAboutOrdinance 95.29 Intent to reduce the corporate limits of Marana MARANA
LEGAL DEPARTMENT
INTEROFFICE MEMORANDUM
To: Viviana Torrez, Deputy Town Cl?.29
Copy to: Robert Clements, Planner I
From: Frank Cassidy, Town Attorney
Subject: Re: The effect of Ordinance No. concerning de- annexation of the southeast
corner of Orange Grove and Thornydale
Date: June 20, 2011
Research by Bob Clements in the Planning department has revealed that Ordinance No. 95.29, de-
annexing the property at the southeast corner of Orange Grove and Thornydale, does not appear to
have been carried out.
The Marana Town Council adopted Ordinance No. 95.29 in connection with the settlement of a
lawsuit against the City of Tucson (Pima County Civil Cause No. 297514), involving a 1,300 -acre
Marana annexation that extended the town limits to Sunset Road. As part of the settlement of that
litigation, the Town of Marana agreed to give the City of Tucson one year to attempt to annex
certain property located at the southeast corner of the intersection of Orange Grove and Thornydale
Roads. The agreement was approved by the Marana Town Council pursuant to Resolution No. 95-
63, approved on November 7, 1995.
The de- annexation of the southeast corner of Orange Grove and Thornydale which was authorized
by Ordinance No. 95.29 only became effective upon the occurrence of certain specific conditions
within one year after the dismissal of Pima County Civil Cause No. 297514. According to the
documents attached to the settlement agreement (see Resolution No. 95 -63), the case was dismissed
on November 20, 1995. As a result, the City of Tucson had until November 20, 1996 to annex the
land immediately south of the property to be annexed by Ordinance No. 95.29, and to adopt an
ordinance annexing the property which was subject to Ordinance No. 95.29. Neither of these
actions occurred within the one -year timeframe required under the settlement agreement. As a
result, the de- annexation conditionally approved by Ordinance No. 95.29 never occurred.
A copy of this memorandum should be retained with Ordinance No. 95.29 for future reference, so
that there will be no confusion about the fact that the southeast corner of Orange Grove and
Thornydale Roads is still located within the town limits of the Town of Marana. `
Do not hesitate to contact me if you need additional information.
{00026826.DOC /}
TOWN OF MARANA - LEGAL DEPARTMENT
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
PHONE: (520) 382 -1941 - FAX: (520) 382 -1945
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ORDINANCE NO. 95.29
AN ORDINANCE REDUCING THE CORPORATE LIMITS OF THE TOWN OF MARANA,
ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARIZONA
REVISED STATUTES, AND AMENDMENTS THERETO, BY DE-ANNEXING CERTAIN
TERRITORY WITHIN THE PRESENT TOWN LIMITS OF THE TOWN OF MARANA,
ARIZONA.
WHEREAS, as part of an intergovernmental agreement with the City of Tucson settling
pending litigation, Marana has agreed that under certain conditions it will de-annex certain
property to the City of Tucson as provided in A.R.S. ~ 9-471.02; and
WHEREAS, the Mayor and Council of the Town of Marana, Arizona, desire to comply
with said intergovernmental agreement and decrease the corporate limits of the Town of Marana
to exclude said territory; and
WHEREAS, Exhibit" A" to this ordinance sets forth a true and correct legal description
and map of all the exterior boundaries of the entire area proposed to be de-annexed from the
Town of Marana; and
-,
WHEREAS, the City of Tucson intends to fully comply with the requirements of A.R.S.
~ 9-471.02, and subject to that compliance, Marana will take all necessary steps to complete the
proposed de-annexation; and
WHEREAS, the provisions of A.R.S. ~ 9-471.02, and amendments thereto, shall be fully
observed.
NOW, THEREFORE, be it ordained by the Mayor and Council of the Town of Marana,
Arizona, as follows:
SECTION 1. This ordinance shall not become effective unless and until Tucson annexes
other territory and takes other steps required by A.R.S. ~ 9-471.02 which would allow it to
annex the territory reflected on Exhibit "A" hereto, including the adoption of an appropriate
ordinance pursuant to A.R.S. ~ 9.471.02 to annex the same territory. In the event the above
steps are not completed within one (1) year of the dismissal of Pima County Civil Cause No.
297514 this ordinance shall be void and shall have no further force and effect.
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SECTION 2. The territory reflected on Exhibit" A" attached hereto shall be, subject to
the required filing of an annexation petition of the same area by the city of Tucson, and all other
necessary actions by the City of Tucson needed to fulfill the requirements of A.R.S. ~ 9-471.02
and the appropriate vote of the Pima County Board of Supervisors, de-annexed from the Town
of Marana, effective the date of the Board of Supervisors' vote, and that the Marana corporate
limits shall be, and the same hereby are, decreased to exclude that described area upon action
by the Pima County Board of Supervisors.
Manma, Arizona Ordinance No. 95.29
Page 1 of 2
SECTION 3. The various Town offices and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
SECTION 4. All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby
repealed, effective as of the effective date of this ordinance.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions
thereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
thiscz2L day of November, 1995.
-Y{ Ii
Z #~c
Mayor Ed Honea
ro
Town Cler
PROV~~ TO FORM:
~b~~
Town Attorney
Matana, Arizona 0nIi0ance No. 95.29
Page 2 of 2
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PORTIONS OF SECTIONS 5, 6, 7, AND 8
OF TOWNSHIP 13 SOUTH, RANGE 1 3 EAST.
GILA & SALT RIVER BASE & MERIDIAN.
PIMA COUNTY, ARIZONA
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