HomeMy WebLinkAboutOrdinance 2002.07 Amending section 9-1-3 of the town code relating to business license fees F. AArN RODRIGUEZ, RECORDER DOCKET: 11757
RECORDED BY: VLJ ~ PAGE: 916
DEPUTY RECORDER ~ NO. OF PAGES: 3
7995 PE4 SEQUENCE: 20020510302
SMARA 03/15/2002
TOWN OF MARA/~A ORDIN 13:49
ATTN: TOW-~ CLERK
13251 N LON ADAMS RD M-AIL
MARANA AZ 85653
AMOUNT PAID $ 8.00
MARANA ORDINANCE ~0. 2002.07
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, AMENDING SECTION 9- I-3 OF
THE TOWN CODE, RELATING TO BUSINESS LICENSE FEES FOR SURFACE MINING
ACTIVITIES.
WHEREAS, the Town Council of the Town of Marana did approve Ordinance No. 93.02,
which established business license regulations for businesses operating within the Town; and
WHEREAS, the Town Council has amended the Town Code from time to time; and
WHEREAS, the Mayor and Council of the Town of Marana have determined that, since the
approval of Ordinance No. 93.02, the Town has assumed additional duties and responsibilities
regarding the regulation of surface mining activities, as set forth in Articles 9-10 (Surface Mining
and Reclamation) and 10-1 (Transportation and Dumping of Garbage or Aggregate Material) of the
Town Code; and
WHEREAS, the Mayor and Council have determined that it is in the best interests of the
Town and its residents to regulate surface mining activities, as set forth in Articles 9-10 and 10-1 of
the Town Code, in order to ensure a proper balance between quality of life issues and the economic
benefits generated by the industry; and
WHEREAS, the Mayor and Council have determined that by assuming the additional duties
and responsibilities set forth in Articles 9-I0 and 10-1 of the Town Code, the Town has incurred
increased costs and expenses; and
WHEREAS, the Mayor and Council have determined that the Town has incurred such
increased costs and expenses as a direct result of the operation of surface mining activities within
the Town; and
WHEREAS, the Mayor and Council have determined that the operators of surface mining
activities within the Town receive economic and non-economic benefits from such operations; and
WHEREAS, the Mayor and Council have determined that requiring operators of surface
mining activities to share in the expense of regulating those activities is fair and reasonable; and
WHEREAS, the Mayor and Council have determined that an increase in the t~usiness license
fee for those operating a surface mining operation is necessary to defray the costs ofmorfitoring,
inspecting and enforcing the provisions of Articles 9-10 and 10-1 of the ~rown Code; and
Marar~a. a. rizona Ordinance No. 2002.07 Page ] of 3
WHEREAS, the Mayor and Council have detem~ined that a business license fee of
$10,000.00 for those operating a surface mining operation wilI generate sufficient revenue for the
Town to shtisfy its duties and responsibilities as set forth in Articles 9-10 and 10-1 of the Town
Code, and is a fair and reasonable amount to charge; and
WHEREAS, the local industry, as well as the Business Advisory Committee, recognizes and
understands the importance of maintaining a standard of living that benefits the entire community,
and is therefore supportive of such a fee increase.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section 1. Section %1-3 of the Marana Town Code is hereby amended byinserting the following
text as subsection C, and by renumbering the rest of section 9-1-3 accordingly:
C. The fee for any license issued to a person, firm, corporation or other entity operating
a surface mining operation, as defined in Article 9-10, including a renewal license,
shall be ten thousand dollars ($10,000.00). This increased fee is necessary in order
to:
1. support Town staff and other efforts to monitor, inspect, and enforce the provisions
of Article 9-10, Surface Mining and Land Reclamation, and Article 10-1,
Transportation and Dumping of Garbage or Aggregate Material as it relates to
aggregate material,
2. ensure that surface mining operations as defined in Article %10 are maintained to
standards of repair, orderliness, neatness, sanitation, and safety acceptable to industry
standards and the Town of Marana, and
3. ensure that surface mining operations as defined in Article 9-10 carry out all mining
operations in an organized manner and in compliance with ail federal and state laws
and the regulations of appropriate state and federal agencies, having due regard for
the health and safety of workers and other employees, and safeguard with fences,
barriers, fills, covers, or other effective devices, any shafts, pits, tunnels, cuts, and
other excavation which otherwise would unduly imperil life, safety or property of
other persons.
Section 2. The various town officers and employees are authorized and directed to perform all
acts necessary or desirable to ~ve effect to this ordinance and portion o~the Town Code.
Marana, Arizona Ordinance No. 2002.07 Page 2 of 3
Section 3. 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 4. Ifany section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held to be invalid or unconstitutional by the decision of ~y cou~ of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
Section 5. The provisions of this ordinance shall become effective Janua~ 1, 2003.
PASSED ~ ~OPTED bythe Mayor and Council of the Town of Maria, ~zona, this
5~ day of March, 2002.
~, JR.
ATTEST: ,
To~n Clerk
APPROVED AS TO FO~:
~DanieI J. Hoch~q.
As Town Attorney
~d not personally
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