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Home My WebLink AboutResolution 2000-050 attempt to incorporate the villege of casas adobes F. ANN RODRIGUEZ, RECORDED BX: DSC DEPUTY 1212 TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 RECORDER RECORDER ROOF DOCKET: 11316 PAGE: 1541 NO. OF PAGES: 5 SEQUENCE: 20001120585 06/09/2000 RES 16:22 MAIL AMOUNT PAID $ 8.00 MARANA RESOLUTION NO. 2000-50 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, RELATING TO MUNICIPAL INCORPORTATION PURSUANT TO ARIZONA REVISED STATUTES §9-101.01(B)(1), CONSENTING WITH CONDITIONS TO AN ATTEMPT BY THE CASAS ADOBES INCORPORATION COMMITTEE, A POLITICAL COMMITTEE REGISTERED WITH THE PIMA COUNTY DIVISION OF ELECTIONS ON APRIL 18,2000 (ID#025-2000) TO MUNICIPALLY INCORPORATE THE "VILLAGE OF CASAS ADOBES" DURING THE YEAR 2000, IN CONFORMITY WITH THE PROVISIONS OF A.R.S. §§9-101 AND 9-101.01, AND DECLARING AN EMERGENCY. WHEREAS, the Town of Marana, City of Tucson, Town of Oro Valley and the proponents of the municipal incorporation of the "Village of Casas Adobes" all agree that the 1997 attempt to incorporate the "Village of Casas Adobes" as a town has failed, and thus, the Casas Adobes area remains in unincorporated Pima County and is eligible to be included in a new incorporation attempt; and WHEREAS, on April 18, 2000, the Casas Adobes Incorporation Committee (ID #025-2000) filed a Statement of Organization as a political committee with the Pima County Division of Elections, listing Scott Nelson as Chairman and Judy Scrivener as Treasurer; and WHEREAS, on April 28, 2000, the Casas Adobes Incorporation Committee filed an amended Statement of Organization with the Pima County Division of Elections, listing Donald L. Burtchin as Chairman and Bernie J.E. Wiegandt, CPA, PC, as Treasurer; and i 1 i S 4 i Marana Resolution No. 2000-50 Page I of 5 WHEREAS, on May 5, 2000, the Casas Adobes Incorporation Committee provided the Town of Marana with a map and legal description listing the proposed boundaries of the "Village of Casas Adobes" (Exhibit A); and WHEREAS, the Casas Adobes Incorporation Committee has stated that boundaries set forth in the map and legal description provided on May 5, 2000, are the same boundaries as were set forth in 1997 in the map and legal description attached to Pima County Elections Division Petition No. 97-C-1 (Exhibit A) and Pima County Board of Supervisors' Resolution 1997-247 (Exhibit B); and WHEREAS, all or part of the geographical limits of the proposed "Village of Casas Adobes," as set forth in the map and legal description provided by the Casas Adobes Incorporation Committee on May 5, 2000 are within the Town of Marana's 6-mile "urbanized area" as created by A.R.S. § 9-101.01(A), and thus, pursuant to A.R.S. § 9-101.01(B)(1), the Town of Marana's consent is required for any municipal incorporation of the "Village of Casas Adobes;" and WHEREAS, on April 18, 2000, the Casas Adobes Incorporation Committee, by means of a letter on its letterhead and signed by Scott Nelson, has expressly requested the Town of Marana's consent to a new attempt to incorporate the "Village of Casas Adobes" (Attachment A) during the year 2000, which request the Town has agreed to treat as the official request for consent of the Casas Adobes Incorporation Committee; and WHEREAS, the Mayor and Council of the Town of Marana desire to consent to a new attempted incorporation of the "Village of Casas Adobes," by the Casas Adobes Incorporation Committee during the year 2000, undertaken in compliance with A.R.S. §§ 9-101 and 9-101.01, and conditioned always on compliance with certain restrictions and conditions as listed below: NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: I SECTION 1. The Mayor and Council of the Town of Marana hereby consent to an attempt by the Casas Adobes Incorporation Committee to incorporate the "Village of Casas Adobes," with proposed boundaries as set forth in the map and legal description provided to the Town on May 5, 2000, No. 2000-50 Page 2 of 5 pursuant to A.R.S. §§ 9-101 and 9-101.01, subject always to the following express restrictions and conditions: o The consent granted by this resolution shall apply only to an attempt to municipally incorporate the "Village of Casas Adobes" with precisely the same boundaries set forth in the map and legal description provided to the Town on May 5, 2000, which map and legal description in turn duplicates the 1997 maps and legal descriptions attached to Pima County Division of Elections Petition 97-C-1 and Pima County Board of Supervisors' Resolution 1997-247 (Exhibits A and B). In the event that any municipal incorporation is attempted using any other boundaries, or adding or subtracting any area(s), or using a map or legal description that is not as reflected in the documents described above, this resolution, and the permission granted hereby, shall, immediately and without the necessity of any further action by the Mayor and Council be null, void and without effect. The consent granted by this resolution applies solely to a new attempt at municipal incorporation undertaken by the Casas Adobes Incorporation Committee (ID 15025-2000) to take place during the year 2000. The filing of blank petitions, collection of signatures, and filing of signed petitions shall all take place solely during the year 2000. Any municipal incorporation election undertaken in connection with this attempt shall be held in September or November 2000, as required under A.R.S. § 16-204. Any and all proceedings necessary to the attempted municipal incorporation of Casas Adobes, specifically including any incorporation election, canvass and, if successful, Board of Supervisors declaration of incorporation, shall be completed on or before December 31, 2000. This resolution, and the consent granted herein, shall expire on December 31, 2000, without the necessity of any further action by the Mayor and Council. If the Pima County Board of Supervisors has not acquired jurisdiction and approved the municipal incorporation of the "Village of Casas Adobes" by that date, this permission shall be null, void, and of no further force and effect. On or before July 11, 2000, all past or current Casas Adobes parties to the litigation, through their attorney, shall have expressly consented, by written stipulation, filed with the Pima County Superior Court, to entry of Judgment in Pima County Cause No. 320926, against all those past or current Casas Adobes parties, in substantially the form previously lodged with the Pima County Superior Court by Counterdefendants City of Tucson, State of ! Marana Resolution No. _-~00-50 Page 3 of 5 o Arizona, and Town of Oro Valley on May 1, 2000, except for such minor clarifications or corrections as those Counterdefendants, by and through their respective counsel, already have stipulated to in their Replies to Objections filed May 15, 2000, or may in the future choose to stipulate to. On or before July 11, 2000, and with the cooperation and concurrence of ali past or current Casas Adobes parties, the Pima County Superior Court shall have signed and entered judgment in Pima County Cause No. 320926, as to those past or current Casas Adobes parties, in the form described in Paragraph 4 immediately above. No past or current Casas Adobes party shall appeal the judgment entered as to the Casas Adobes parties in Pima County Cause No. 320926, nor shall any past or current Casas Adobes party intervene, or attempt to intervene, in the Court of Appeals or the Arizona Supreme Court, as either a party or amicus curiae, in the event of any other party's appeal of any judgment entered in Pima County Cause No. 320926. During the period from and including the date of enactment of this resolution to and including December 31, 2000, no new litigation, whether state or federal, trial or appellate, shall be filed or pursued against the Town of Marana by any past or current Casas Adobes parties in Pima County Cause No. 320926, regarding or based on the invalid attempted 1997 incorporation of Casas Adobes. SECTION 2. In the event of any noncompliance with, or failure to timely comply with, any of the conditions listed in Section 1, this resolution of consent is hereby deemed null, void and without effect, and rescinded, without the necessity of any further action by the Mayor and Council. SECTION 3. This consent is offered solely in compliance with A.R.S. § 9- 101.01(B)(1), and is not a waiver of any other Town rights or remedies of whatever nature. The Town reserves all its rights and remedies in the event of any noncompliance by any person or entity with any of the conditions set forth in this resolution, or in the event of any legal challenge(s) to the validity of the formation of the "Village of Casas Adobes," the procedures followed in its formation, or both. SECTION 4. The consent granted in this resolution is in no way intended to be, nor shall it be interpreted or construed to be, retroactive to, or to otherwise apply to, the invalid 1997 proceedings that attempted to incorporate the "Village of Casas Adobes," in accordance with required statutory procedures of A.R.S. §§ 9-101 and 9-101.01, beginning and ending during the year 2000. No. 2000-50 Page 4 of 5 SECTION 5. Conditioned always on full and timely compliance with all of the conditions set forth in Section 1, during the period from the date of enactment of this resolution until December 31, 2000, the Town of Marana will not seek to annex any area which is contained in the area proposed for municipal incorporation as the "Village of Casas Adobes." SECTION 6. The various Town officers and employees are authorized and directed to perform ail acts necessary or desirable to give effect to this resolution. SECTION 7. WHEREAS, it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 6th day of June, 2000. ATTEST: APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally No. _,mO-SO Page 5 of 5