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HomeMy WebLinkAboutResolution 2000-107 casas adobes potential incorporation F. ANN RODRIGUEZ, RECORDER '~'~ECORDED B]~: K~G DEPUT~ RECORDER 9639 ROOA SM~RA TOWN OF ~ ATTN: TOWN CLERK 13251 N LON RD/~S RD FA~P~NA AZ 85653 DOCKET: 11394 PAGE: 2585 NO. OF PAGES: 3 SEQUENCE: 20001900586 09/29/2000 RES 16:24 M~IL AMOUNT PAID $ 8.00 RESOLUTION NO. 2000-107 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 "CASAS ADOBES," IN CON- FORMITY WITH THE PROVISIONS OF A.R.S. §§ 9-101 AND 9-101.01; SUPERSEDING IN ALL RESPECTS TOWN OF MARANA RESOLUTIONS NOS. 2000-50 and 2000-83. WHEREAS, on April 18, 2000 the Casas Adobes Incorporation Committee (Pima County Division of Elections Political Committee ID # 025-2000) (hereafter "the Committee") filed a Statement of Organization as a political committee, and on April 28, 2000 filed an amended Statement of Organization listing Donald L. Burtchin as Chairman and Bernie J.E. Wiegandt, CPA, PC as Treasurer; and WHEREAS the Town of Marana and the Committee agree the Casas Adobes area has never at any time been incorporated, and thus remains in unincorporated Pima County, and is eligible to be included in a new incorporation attempt; and WHEREAS, on July 31, 2000, pursuant to A.R.S. § 9-101(C), the Committee filed with the Pima County Division of Elections a blank petition for a proposed municipal in- corporation, together with maps and legal descriptions setting forth the proposed municipal boundaries of"Casas Adobes," which municipal boundaries are acceptable to the Town of Ma- rana; and to A.R.S. § 9-101.01(B)(1), the Town of Marana's consent is required for any municipal incor- poration of the "Casas Adobes"; and WHEREAS, on August 30, 2000 the Committee, by letter from its Chairman, Donald L. Burtchin, to the Town's Mayor, Bobby Sutton, expressly requested a new resolution of consent by the Town of Marana, notwithstanding the August 9, 2000 appeal; and WHEREAS, notwithstanding the August 9, 2000 appeal, the Mayor and Council of the Town of Marana still desire to consent to the Committee's new attempted incorporation of"Casas Adobes," undertaken in compliance with A.R.S. §§ 9-101 and 9-101.01, 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: SECTION 1. Pursuant to A.R.S. § 9-101.01(B)(1), the Mayor and Council of the Town of Marana hereby consent to the Committee's attempt to municipally incorporate "Casas Adobes," with proposed municipal boundaries as set forth in the maps and legal descriptions provided by the Committee to the Pima County Division of Elections on July 31, 2000, the Town's consent being subject always to the following additional express restrictions and con- ditions: A. Each of the following deadlines, akeady agreed to by the Committee through their inclusion in the Committee's August 30, 2000 request letter, also shall apply and be separate and distinct conditions of the Town's consent. Violation of any one of these deadlines shall make this consent null and void without the necessity of any further action by the Mayor and Council: (i) On or before November 13, 2000, the Committee shall file its signed in- corporation petitions with the Pima County Division of Elections pursuant to A.R.S. § 9- IOI(B). (ii) Pursuant to A.R.S. §§ 9-101(B) and 16-204, the municipal incorporation election for the proposed "Casas Adobes" shall be held on March 13, 2001. (iii) Any and all proceedings necessary to the attempted municipal incorpora- tion of"Casas Adobes," specifically including any incorporation election, canvass and, if successful, declaration of incorporation by the Board of Supervisors, shall be completed on or before March 31, 2001. B. 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 incor- poration of "Casas Adobes" on or before that date, this permission shall be null, void, and of no further force and effect. SECTION 2. In the event of any noncompliance with, or failure to timely com- ply with, any of the conditions listed in Section 1, this resolution of consent is hereby deemed 2 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 Resolu- tions Nos. 2000-50 (June 6, 2000) and 2000-83 (July 18, 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 "Casas Adobes," the procedures followed in its formation, or both. SECTION 5. The consent granted in this resolution is specific to the attempted municipal incorporation described in Section 1 above, and is in no way intended to be, nor shall it be interpreted or construed to be, retroactive to, or to otherwise apply to, any previous mu- nicipal incorporation attempt. SECTION 6. Conditioned always on full and timely compliance with all restric- tions and conditions set forth in Section 1, from the date of adoption of this resolution until March 31,2001, the Town of Marana will not seek to annex any area contained in the area pro- posed for municipal incorporation as "Casas Adobes." SECTION 7. The various Town officers and employees are authorized and di- rected to perform all acts necessary or desirable to give effect to this resolution. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of Marana, Arizona, on the 26th day of September, 2000. ~r ATTEST: APPROVED AS TO FORM: · ' me ~-Damel J Hochuh, as Town Atto y and not personally