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Home My WebLink AboutResolution 2000-083 amending resolution 2000-50 relating to casa adobes incorporation F. ANN RODRIGUEZ, RECORDED BY: KYG DEPUTY 9639 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 RECORDER RECORDER ROOE DOCKET: 11360 PAGE: 1971 NO. OF PAGES: 6 SEQUENCE: 20001560548 08/11/2000 RES 16:25 MAIL AMOUNT PAID MARANA RESOLUTION NO. 2000-83 $ 8~50 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, RELATING TO MUNICIPAL INCORPORATION 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 (D# 025-2000) TO MUNICIPALLY INCORPORATE THE "VILLAGE OF CASAS ADOBES," IN CONFORMITY WITH THE PROVISIONS OF A.R.S. §§ 9-101 AND 9-101.01; SUPERSEDING IN ALL RESPECTS TOWN OF MARANA RESOLUTION NO. 2000-50, AND DECLARING AN EMERGENCY. WHEREAS, on June 6, 2000, the Town of Marana adopted Resolution 2000-50, consenting to an attempt by the Casas Adobes Incorporation Committee to municipally incorporate the''Village of Casas Adobes" during the year 2000, contingent on compliance with specified restrictions and conditions; and WHEREAS, Resolution 2000-50 specifically conditioned the Town's consent on the use of the same boundaries set forth in the map and legal description provided to the Town on May 5, 2000 and also attached to Pima County Division of Elections Petition 97-C-1 in 1997, and further specifically conditioned the Town's consent on completion of all municipal incorporation proceedings on or before December 31, 2000; and WHEREAS, subsequent to the enactment of Resolution 2000-50, the Cas,as Adobes Incorporation Committee has informed the Town of the Comtnittee's desire to now subtract, exclude and eliminate from the proposed boundaries of the attempted municipal incorporation of the "Village of Casas Adobes" during the year 2000 approximately 89 acres of territory included in the map and legal description previously provided to the Town, and also to extend the deadline for completion of all necessary municipal incorporation proceedings to March 31, 2001; and WHEREAS the Town is agreeable to amending Resolution 2000-50 to permit this subtraction, exclusion and elimination of territory, and the resulting change in the proposed boundaries of the attempted municipal incorporation of the "Village of Casas Adobes," as well as to the extension of the deadline for completion of all municipal incorporation proceedings to March 31, 2001, contingent on the addition of certain other restrictions and conditions; --Page 1 of 4-- NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE Town of Marana, ARIZONA, AS FOLLOWS: Section 1. Pursuant to A.R.S. § 9-101.01(B)(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," pursuant to the provisions of A.R.S. § 9-101 and 9-101.01, the Town's consent being subject always to the following express restrictions and conditions: 1. The consent granted by this resolution shall apply only to an attempt by the "Casas Adobes Incorporation Committee" (Pima County Division of Elections Political Committee ID# 025-2000, hereafter the "Committee") to municipally 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, and attached to Pima County Division of Elections Petition 97-C-1 in 1997, but specifically subtracting, excluding and eliminating from those proposed boundaries the approximately 89 acres of territory whose legal description and map are set forth as Attachments A and B, respectively, to this Resolution, and hereby incorporated herein by this reference. In the event that any municipal incorporation is attempted by any other person(s) or group(s) of persons, or using any other boundaries, or adding or subtracting any other area(s), or using a map or legal description that is not as 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. 2. Each of the following deadlines shall be separate and distinct conditions of the Town's consent. Violation of any one of them shall make this consent null and void without the necessity of any further action by the Mayor and Council: bo On or before August 1, 2000, the Committee shall provide written notification to the Pima County Division of Elections of the Committee's intent to have the municipal incorporation election for the proposed "Village of Casas Adobes" on March 13, 2001, and also shall file a blank incorporation petition and map with the Pima County Division of Elections, pursuant to A.R.S. § 9-101(C). On or before November 15, 2000, the Committee shall file its signed incorporation petitions with the Pima County Division of Elections, pursuant to A.R.S. § 9-101(B). The municipal incorporation election for the proposed "Village of Casas Adobes" pursuant to A.R.S. § 9-101 (B) shall be held on or before March 13, 2001 (i.e., on or before the second Tuesday in March, 2001). --Page 2 of 4-- 3. Any and all proceedings necessary to the attempted municipal incorporation of the proposed "Village of Casas Adobes," specifically including any incorporation election, canvass and, if successful, Board of Supervisors declaration of incorporation, shall be completed on or before March 3 l, 2001. This resolution, and the consent granted herein, shall expire on March 31, 2001, 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. 4. Within ten (10) days of the filing of Judgment by the Pima County Superior Court in Pima County Cause No. 320926, 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 the filing and entry of that Judgment. 5. No past or current Casas Adobes party shall appeal the Judgment entered as to the past or current Casas Adobes parties in Pima County Cause No. 320926. No past or current Casas Adobes party shall intervene, or attempt to intervene, in the Court of Appeals or 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 Nos. 320926. 6. During the period fi:om and including the date of enactment of this resolution to and including March 31,2001, 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 resolution supersedes in all respects Town of Marana Resolution No. 2000- 50, enacted by Mayor and Council on June 6, 2000. Section 4. The Town' s 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 5. 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." The consent given in Section 1 applies solely to an attempt by the Casas Adobes Incorporation Committee to incorporate the "Village of i --Page 3 of 4-~ Casas Adobes," in accordance with required statutory procedures of A.R.S. §§ 9-101 and 9-101.01, beginning during the year 2000, with all proceedings to be completed on or before March 31, 2001. Section 6. 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 March 31, 2001, 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," as amended by this resolution. Section 7. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. Section 8. 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 5th day of July, 2000. ATTEST: n Clerk APPROVED AS TO FORM: Town Attorney and not personally ~TTON, JR. Marana, Arizona Resolution No. 2000-83 EXHIBIT A A portion of Section 21, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, and more particularly described as follows: Commencing at thc intersection of the east right of way line of Cam/no del Plata and the north line of said section 21, Thence southerly along said east fight of way line of Camino del Plata 240.51 feet to a point, sa.id point being the POINT OF BEGINNING; Thence, westerly 130 feet to a point; Thence, southerly 90 feet to a point; Thence, westerly 650.18 feet to a point; Thence, northerly 330.38 f~t to a point on said north line of section 2I; Thence, westerly, I779.09 feet along said north line of section 21 to a point; Thence, southwesterly 402.23 feet to the intersect/on with the east right of way line of Shannon Road; Thence, southerly along said east right ofway line of Shannon Road to the fiatersection ,~,ith the south line oft_he N1/2 ortho NWl/4 ofthe SWI/4 ortho NWl/4 of said section 21; Thence, easterly along said south line to the west line of the NE1/4 of said SWI/4 of the NWl/4 of Section 21; Thence, southerly along said west line to the south line of the N1/2 of said SW1/4 of the NWl/4 of Section 21; Thence, easterly on said south line to the west fight of way line of Cam/no del Fierro; Thence, northerly along said west fight of way line of Camino del Fierro to the intersection with the north right of way line of Camino del Sm';, Thence, e~erly along said north fight of way line of Camino del Sur to the intersection with the east right of way line of said Camino del Plata; Thence, northerly along said east fight of way line of Camino del Plata to the PO~qT OF BE G~'N'ING. Containing 89 acres more or less. oJ O' 35 ' DETAIL A LINDA VISTA BOULEVARD N egd MESA DEL ORO _ ESTATESfl .~o/o4~ ~ ~&P I~ iii'- 300 ~00 000 1200