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HomeMy WebLinkAbout01/20/2009 Council Agenda Packeti~~~ ~~ REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 20, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to othersLplease turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed-to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Regular Council Meeting -January 20, 2009 -Page 1 of 81 Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at wr w.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, January 19, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at «~wwmarana.cc~ under Town Clerk, Agendas, Minutes and Ordinances. REGULAR MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PRESENTATIONS P l: Presentation_Relating to Offenses; discussion and direction regarding proposed amendments to Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age often unattended in a motor vehicle (Jane Fairall) ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS TOWN REPORTS Marana Chamber 2008 3rd and 4th Quarter Reports Citizen Advisory Commission Reports GENERAL ORDER OF BUSINESS CONSENT AGENDA Regular Council Meeting -January 20, 2009 -Page 2 of 81 The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: Resolution No. 2009-05: Relating to Elections; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the provision of election services; and declaring an emergency (Jocelyn Bronson, MMC) C 2: Resolution No. 2009-06;_ Relating to water; approving and authorizing the Mayor to execute a Pipeline Crossing Agreement with Union Pacific Railroad Company; and declaring an emergency (Frank Cassidy) C 3: Minutes of the January 6, 2009 regular council meeting and June 20, 2007 special council meeting COUNCIL ACTION A 1: Resolution No. 2009-07: Relating to real estate; vacating portions of Continental Links Drive and Norway Spruce Road public right-of--way; and conditionally authorizing the Town Engineer to execute a deed of abandonment (Frank Cassidy) A 2: Resolution No. 2009-08: Relating to Utilities; adopting a notice of intention to increase water rates, rate components, fees, and service charges, and setting a February 20, 2009 public hearing on the proposed adoption (Frank Cassidy) BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(4) and (7) to consider the town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Camino de Manana & Dove Mountain Extension project, CIP number 2001-052, from the parcels of property generally identified as Pima County Assessor's parcel numbers 216-33-097K, 216-32-0250, 0260, 0270 and 0280 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council Regular Council Meeting -January 20, 2009 -Page 3 of 81 members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -January 20, 2009 -Page 4 of 81 ~~~~~ ,~~~ ,~«~, ~ ~. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 20, 2009, 7:00:00 PM To: Mayor and Council From: Jane Fairall ,Deputy Town Attorney Item P 1 Subject: .Presentation: Relating to Offenses; discussion and direction regarding proposed amendments to Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age often unattended in a motor vehicle Discussion: The proposed item would add a new chapter to Title 11 of the Marana Town Code prohibiting the act of leaving children under 10 years of age unattended in vehicles under certain circumstances. The Marana Police Citizen Advisory Commission considered the proposed ordinance at its December 9, 2008 meeting and recommended that the ordinance be presented to the Council for its consideration. The ordinance prohibits leaving children under 10 in a vehicle by themselves if 1) doing so would present a risk to the child's health, safety or welfare or 2) if the vehicle's engine is running or the keys are located within the passenger compartment of the vehicle. The ordinance does not apply if a person age 14 or older is in the vehicle with the child. A violation of the ordinance would be a class 1 misdemeanor. If convicted, offenders would face a minimum mandatory sentence of a $1,000 fine. The Marana Town Code (Section 6-4-2) already contains a provision that prohibits leaving animals unattended in vehicles where the ventilation is such that the animal's health would be endangered. While the state criminal code contains laws generally prohibiting child abuse, endangerment and neglect, the proposed Town Code ordinance would address the issue of leaving children in motor vehicles, which is not specifically addressed in state law. ATTACHMENTS: Name:: I~escriptiort: "I~}=pe: ^ Unaftended ch~ldren_n vehicles csrdinance.C3C7C t)rdinance Qrdinance Staff Recommendation: Feedback and direction from Council at its discretion. Commission Recommendation - if applicable: The Police Citizen Advisory Commission voted unanimously at its December 9, 2008 to recommend that the proposed ordinance be presented to Council for its consideration. Suggested Motion: I move to direct staff to bring back to Council for adoption the proposed amendment to Town Code Title 11. Regular Council Meeting -January 20, 2009 -Page 5 of 81 MARANA ORDINANCE NO.2009.xx RELATING TO OFFENSES; AMENDING TITLE 11 OF THE MARANA TOWN CODE TO PROHIBIT THE ACT OF LEAVING A CHILD UNDER THE AGE OF TEN UNATTENDED IN A MOTOR VEHICLE; ADDING CHAPTER 11-8; RENUMBERING EXISTING CHAPTERS 11-8 AND 11-9; AND DESIGNATING AN EFFECTNE DATE WHEREAS the Town Council finds that the act of leaving a child under the age of ten unattended in a motor vehicle presents a risk to the child's health, safety or welfare; and WHEREAS the Town Council finds that the Town's interest in protecting the welfare of its citizens is compelling; and WHEREAS the Town Council finds that the adoption of a prohibition on the act of leav- ing children under the age of ten unattended in motor vehicles as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 11 of the Marana Town Code is hereby revised by renumbering exist- ing Chapter 11-8 as Chapter 11-9 and renumbering existing Chapter 11-9 as Chapter 11-10 and by adding new Chapter 11-8, as follows: Chapter 11-8 UNATTENDED CHILD IN MOTOR VEHICLE; CLASSIFICATION; PENALTY Section 11-8-1 Prohibited conduct It is unlawful to leave a child who is under ten years of age in a motor vehicle without supervision by another person in the motor vehicle who is at least 14 years of age if either of the following applies: A. The conditions tend to present a risk to the child's health, safety or welfare; or B. The motor vehicle engine is running or the key to the motor vehicle is located in the passenger compartment of the motor vehicle. Section 11-8-2 Protection of children by town A. Any peace officer is authorized to use whatever force is reasonable and nec- essary to remove any child from a motor vehicle whenever it appears that the child's life or health is endangered by extreme temperatures, lack of ventila- tion or any other condition existing within the motor vehicle. Regul~6~u~i~ ~~~ -January 20, 2009 -Page 6 of 81 _ 1 - JF 12/5/08 B. No peace officer shall be liable for damages to property caused by the use of reasonable force to remove a child from a motor vehicle as described in this section. Section 11-8-3 Violation; penalty A. A violation of this chapter is a class 1 misdemeanor. B. A person convicted of violating this chapter shall be fined not less than $1,000. The magistrate may not grant probation in lieu of or otherwise sus- pend the imposition of the minimum fine prescribed by this paragraph. SECTION 2. This Ordinance shall- become effective on the m day of , 2009. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this _~' day of , 2009. Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney ATTEST: Jocelyn C. Bronson, Town Clerk Regul~6~t~i~Iir~ -January 20, 2009 -Page 7 of 81 _ 2 - JF 12/5/08 DATE: October 1, 2008 TO: Mayor and Council Members FROM: Ed Stolmaker, President/CEO SUBJECT: 3`a Quarter Report for 2008 Calendar Year The figures below show the number of new businesses, and the businesses in Marana that joined the Marana Chamber of Commerce compared to the 2na quarter of 2007. Membership is now, 515 active companies 3`a Quarter of 2008 36 3`a Quarter of 2007 28 Marana businesses that joined the Chamber in the 2"a quarter: A & P Heatin & Coolin Desert S rin s E taestrian Center Arizona Health Insurance Emotional Freedom Foundation Arizona Power Yo a Fantom Power Productions Avon Huntin Innovations, LLC Batters Box Ma ical Endeavors LLC Brewer Nutrition - GNLD Famil Health Distributor Monsoon's Grill CementStainers.com Monterra Furnishin s Com an Chase Bank, Bashas' Nana's Kitchen, LLC Cookin Sher LLC Presidential Pools Co er Kettle Po corn & Confections, LLC Pride All-Starz Cheer & Dance Visitor Center 3`a quarter statistics VISITORS 2008 2007 In State Visitors 25 25 Out of State Visitors 143 191 Forei n Visitors 48 44 TOTALS 218 260 MAIL 2008 2007 Tourism Re uests 6 8 Relocation Re uests 18 27 Business Re uests 12 2 TOTALS 36 37 Regular Council Meeting -January 20, 2009 -Page 8 of 81 Accomplishments July 2008 -September 2008 • Ribbon Cutting/Membership Celebrations at o Grand Opening at A Lotta Storage o Grand Opening at Pride All-Starz Cheer & Dance o Grand Opening at Native New Yorker o Grand Opening at Monsoon's Grill o Grand Opening at Chase Bank at Bashas' • Held Networking events at: o Project PPEP o Vetrano Financial Group o Liberty Tax Services o Marana Food Bank • Held bi-monthly Marana Chamber 101, new member orientation, rather than Quarterly o New Member Orientation, July 11, 2008 o New Member Orientation, September 12, 2008 o Next Orientation is scheduled for December 12, 2008 • Held two Safety Meetings, on September 23 and October 28, in conjunction with ASBA and the Tucson Metropolitan Chamber of Commerce • Held monthly Legislative & Economic Development Committee meetings o July -TIME initiative o August - CAWCD board candidates o September -pros & cons on propositions and initiatives on the November 2008 ballot • Presented Ora Mae Harn, an honorary Marana Chamber membership plaque for all of her efforts for supporting the Marana community at Annual Meeting. • Completed the third quarter of our bonus incentive program to gain attendance at events and bring in additional members. o Held a drawing for the members who qualified for $600 in cash ^ Seven individuals qualified for the drawing. ' Nova Sipe of Sipe & Associates Service Evaluations received the prize. Regular Council Meeting -January 20, 2009 -Page 9 of 81 DATE: January 2, 2009 TO: Mayor and Council Members FROM:. Ed Stolmaker, President/CEO SUBJECT: 4th Quarter Report for 2008 Calendar Year The figures below show the number of new businesses, and the businesses in Marana that joined the Marana Chamber of Commerce compared to the 2"d quarter of 2007. Membership is now, 517 active companies 4th Quarter of 2008 31 4th Quarter of 2007 33 Marana businesses that joined the Chamber in the 4th quarter: A+ QBooks Consultin & Services, LLC Heartland Pa ment S stems American Famil Insurance Homemade Gourmet Amro Habib OD LLC Kandle Passions Arizona Custom Iron Creations, Inc. La Cholla Landsca in Bank of the West Marana Health Center Dental Clinic Bi Sk Autobod Pa a Mur h 's Pizza Boston's the Gourmet Pizza Ritz Carlton, Dove Mountain Clean-about, Inc. SWC Communications Firestone Com lete Auto Care Team Women Marana GIad2BHome The RavenBrook Grou Visitor Center 4th quarter statistics VISITORS 2008 2007 In State Visitors 38 25 Out of State Visitors 238 191 Forei n Visitors 75 44 TOTALS 351 260 MAIL 2008 2007 Tourism Re uests 9 8 Relocation Re uests 21 27 Business Re uests 13 2 TOTALS 43 37 Regular Council Meeting -January 20, 2009 -Page 10 of 81 Accomplishments August 2008 -December 2008 • Ribbon Cutting/Membership Celebrations at o Grand Opening at Curves for Women o Grand Opening at Monsoon's Grill o Grand Opening at Presidential Pools & State Farm Insurance; Andrea Jones o Grand Opening at Nana's Kitchen o Grand Opening at AZ Power Yoga o Grand Opening at Thornydale Road o Grand Opening at Chick-fil-A at Oracle Road o Grand Opening at Copper Kettle Popcorn & Confections, LLC o Grand Opening at Bank of the West • Held Networking events at: o Farmers Insurance, Chris Hanson o EI Charro -Hosted by Holmes Tuttle /Jim Click, Sophia Kakou • Held bi-monthly Marana Chamber 101, new member orientation, rather than Quarterly o Marana Chamber 101, December 12, 2008 , o Next Marana Chamber 101 is scheduled for February 13, 2009 • Held a Safety Meeting, on October 28, in conjunction with ASBA and the Tucson Metropolitan Chamber of Commerce • Held monthly Legislative & Economic Development Committee meetings o October -Candidate Forum for District 25 & 26 o November -Reviewed Town of Marana's Strategic Plan o December - 2009 Planning. Session • Instead of the December luncheon, we had our Holiday Party at Hooters, 92 people attended. o The Marana Chamber donated $2 a person to the Marana Food Bank for a total of $184. • We received the 2009 Marana Area Street Map. • The 2009 Membership Directory is going to press to be available in January 2009 for distribution. • Completed the fourth quarter of our bonus incentive program to gain attendance at events and bring in additional members. Regular Council Meeting -January 20, 2009 -Page 11 of 81 o Will hold a drawing for the members who qualified for a GPS & an iPod Touch on January 7, 2009 ^ Five individuals are qualified for the drawing. Regular Council Meeting -January 20, 2009 -Page 12 of 81 T0: Mayor and Council FROM: Warren E. Clark, Ph.D., Chairman RE: POLICE CITIZEN ADVISORY COMMISSION DATE: December 31, 2008 -for the period October-December The Police Citizen Advisory Commission meets monthly on the second Tuesday of each month at 3:00 p.m. in the Board Room. Members of the commission include Warren Clark, Chairman, Jim Shaw, Vice-Chair and Secretary, Gary Nichol, Jack Noble, Michael Lektorich, Darryl Churchill, Barbara Winters and Donovan Tatman (alternate). Terry Tometich and Joe Carrasco are staff liaisons. Russell Clanagan is Council liaison to the commission. 1. The meetings of October and November were more of a learning phase for the Police Advisory Commission, with presentations by various members of the Marana Police Department. The thrust of our meetings was to acquaint this commission with the parameters of what has been accomplished by the department, and what areas we as a commission can best serve by bringing our numerous talents to bear. To wit: 2. Dianne Van Horn made a presentation including city maps, and districts served, and the officer's assignments to assist in our discussions of various locals and problems. 3. Mayor Honea gave our commission a brief presentation of the Strategic Planning overview of the vision of the town and the dwindling pecuniary resources, the impact on the economy on current and future resources including personnel and the ability of the city to attract a commercial enterprise that will serve to build a growing Marana. 4. Chief Tometich provided us with a list of proposed ordinances and potential situations to bring forth recommendations to the Council for possible ordinances to address these issues Some of the topics raised were pawnshops and secondhand stores, bicycle and skateboard damage to town and private property, leaving children and pets unattended in vehicles, play vehicles on the street, and the possible use of interns from the Marana High School In a volunteer capacity to bring any issue raised by the commission to the students for further input to the commission. Of sincere concern were parents that leave children unattended in a parked vehicle. Discussion followed for future discussion with Chief Tometich and the City Attorney. We will maintain an eye to assisting in the development of a reasonable response. 5. It was with unanimous agreement of the committee that asub-committee be established to meet with representatives of the Marana Police Department prior to our next meeting to prioritize and identify some of the major issues. 6. Chief Tometich suggested that we establish a committee to examine the heretofore legal hunting and shooting in the area roughly delineated by I-10 on the west, the county line on Regular Council Meeting -January 20, 2009 -Page 13 of 81 the north, and Tangerine Road on the South. Asub-committee was called to officially examine the increasingly potential danger and develop their report. The matter was unanimously approved. 7. The commission received a very thorough and well taken view of returning to a more active VIPS program. This was brought to us by George Erhardt, who was concerned that the VIPS program was all but out of business. His concern was for neighborhood safety. The issue was discussed and put to rest with a commitment by Chief Tometich that there would be a much heavier police presence in the New Year with the perceived increase in the VIPS program. 8. A problem of bicycle theft and recovery was addressed by Chief Tometich. The problem being the department of lost and found can not identify approximately 20 found bicycles. As the bicycles can not be identified to a certainty, as the supposed owner may or may not be the responsible parties. Following the meeting, Chairman Clark made the suggestion that he have the VIPS establish a numbering system, and have a bicycle day once per month and utilize the number etching machine they use on car windows to identify stolen motor vehicles. Cost $0.00 9. We were privy to a host of problems for consideration. Bike riders who attempt to mix with pedestrians on sidewalks etc. This is a discussion for future meetings already in the "Recommended changes by the Police Department " In this same vein, we were apprised of the recommended study of Motorized Skate Boards, Off Road Recreational Vehicles, ATV's and Golf Carts on roadways, and Median use by vendors/pedestrians. We will prioritize the problems and then proceed. Current Policy Issues: We have established our Policy Issues by a unanimous agreement to the problem or problems facing our rather fluid presentation of priorities. We keep our efforts keyed on that which is in front of us, with leeway for that which is peripheral to our time and manpower limitations. We are cognizant that our Police Department by the very nature of duties is somewhat stymied. To this end, we have mutually agreed and will strive to work and perform as two way conduit of information if necessary for the interrogatories promulgated by the Town Council as well as the plans, needs and ideas developed by the Police Department and this Commission. . Work Plan for 2009 At the present time, we have three Sub-Committees at work on the aforementioned tasks. We will continue to explore and research these issues with other local and state agencies and bring forth recommendations for Council consideration when appropriate. Regular Council Meeting -January 20, 2009 -Page 14 of 81 ~r ~~~~> r ~ ~~.~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 20, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn Bronson, MMC ,Town Clerk Item C 1 Subject: _Resolution No. 2009-05_Relating to Elections; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the provision of election services; and declaring an emergency Discussion: From time to time the Town of Marana contracts with Pima County for assistance in the preparation and conduct of primary and general elections for the Town Council and other special elections or consolidated elections. The last contract was amended in 2007 and expired December 31, 2007. This agreement reflects the updated fee and payment schedules, and covers the period February 1, 2009 through completion of all obligations and activities associated with the March 10, 2009 and May 19, 2009 elections, including final resolution of any legal challenge to those elections. ATTACHMENTS: Name: Description: O RESt3_Approving.Electi_o_ns IGA.at7C Resolution Election Services 1GA,.pdf Exh A to Reso: it3A re Eiecfion Services ~ PC Reso re E_I_ecton Services IGA.pdf Puna County Reso Approving the 1~A Staff Recommendation: T}ape: Resolution Exhibit Baekup Material Staff recommends adoption of Resolution No. 2009-05, approving and authorizing the Mayor to execute the intergovernmental agreement with Pima County for election services. Suggested Motion: I move to adopt Resolution No. 2009-05. Regular Council Meeting -January 20, 2009 -Page 15 of 81 MARANA RESOLUTION N0.2009-OS RELATING TO ELECTIONS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE PROVISION OF ELECTION SERVICES; AND DECLARING AN EMERGENCY WHEREAS the Town desires to enter into an Intergovernmental Agreement with the Pima County Division of Elections to prepare for and conduct a primary election to be held on March 10, 2009 and a general election to be held on May 19, 2009; and WHEREAS Pima County, through its Division of Elections, is willing to provide election services for the Town's 2009 elections based on the terms set forth in the Intergovernmental Agree- ment for Election Services which is the subject of this resolution; and WHEREAS the Mayor and Council of the Town of Marana find that the proposed Intergov- ernmental Agreement is in the best interests of the Town and the public. NOW, THEREFORE, BE TI' RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The Intergovernmental Agreement for Election Services among the Town of Marana and Pima County attached as Exhibit A to and incorporated by this reference in this resolu- tion is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Intergovernmental Agreement. SECTION 3. Since 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 20th day of January, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -January 20, 2009 -Page 16 of 81 INTERGOVERNMENTAL AGREEMENT For Election Services Among The Town of INarana and Pima County Tbis Intergovernmental Agreement (IGA} is by and among THE TOWN OF MARANA OF PIMA COUNTY, ARIZONA, a municipal subdivision of the State of Arizona ("the Town") and PIMA COiJNTY, a political subdivision of the State of Arizona ("the County"}, on behalf of the PIMA COUNTY RECORDER ("the Recorder"). RECITALS The Town, pursuant to A.R.S. §9-231 {A) will prepare for and conduct two elections: a Primary Election to be held on March 10, 2009; and a General Election to be held on May 19, 2009 if necessary fox members of its common council. 2. A.RS. §§16-205(C), 16-172, 11-251(3}, 16-450, and 16-405 et seq. authorize the County to perform services fox any political subdivision regarding elections. 3. A.RS. §16-172 authorizes any political subdivision conducting elections to utilize the County registration rolls upon reimbursement to the Recoxdex for actual expenses in furnishing voter registration data to the subdivision. 4. A.RS. §16-408(D) permits the governing body of any election district authorized to conduct an election to contract with the Board of Supervisors and Recorder for election services, with the contracted cost being a charge against the election district. The parries are authorized to enter into an intergovernmental agreement pursuant to A.R.S. §11- 952 et..ceq. 6. The Town desires to utilize the Pima. County registration rolls and otherelection-related services provided by the Recorder for the Primary Election to beheld on March 10, 2009 and a General Election to be held on May 19, 2009 for members of its common council 7. The Town, the County and the Recorder have determined that it is in the best interest of the public for the Town to use the services of the Recoxdex in conducting the elections called for March 10, 2009 and Map 19, 2009. Now, therefore, the parties agree, as follows: Regular Council Meeting -January 20, 2009 -Page 17 of 81 AGREEMENT Purpose. The purpose of this IGA is to set forth the duties and responsibilities of the Recorder and the Town with respect to the March 10, 2009 and May 19, 2009 elections to be held by the Town of Marana. The elections will be held in accordance with the provisions of A.R.S. §16-558 et .req. 2. Term. The term of this IGA shall be from February 1, 2009 through completion of all obligations and activities associated with the March 10, 2009 and May 19, 2009 elections contemplated by this IGA, provided that the term shall continue through, final resolution of any legal challenge to the election. Any modifications or time extension of this IGA shall be by formal written amendment and executed by the parties. 3. County Recorder Services: The Recorder shall: {1} Provide the official. precinct registers and signature rosters, and provide them to the County's Division of Elections no later than ten days prior to the Election, at a cost of $18.00 per precinct; and provide the precinct registers for use by the Early Voting Board no later than 9:00 a.m. the day before the Election. (2) Provide services related to early baU.oting. These services include: providing and processing request forms, mailing ballots, all necessary materials and programming for on-site voting at the Marana Town Hall and the Pima County Recorder's C-ffice, and verification of all early ballots voted for the elections. Verified early ballots will be delivered to the Early Ballot Board berg four (4) days prior to each election and continuing until the close of the polls on Election Day. (3) Provide Deputy County Recorders for team early voting when necessary and give the Town notice of each request for team early voting. (4) Prepare and deliver a single invoice to the Town no later than 21 days after the final election date, containing a detailed breakdown of all Recorder costs for these elections. 4. Town Obligations. Town shall: (1) Notify the Recorder in writing, at least 120 days or at such other time as the parties may agree before any consolidated election date on which the Town wants services pursuant to this IGA, detailing the election-related services pursuant to this IGA. (2) Make all submissions required under Section 5 of the Voting Rights Act to the Department of Justice. and provide timely notice to County of anppre-clearances required under Section 5 of the Voting Rights Act. (3) Prepare and distribute any requisite translation, printing, and mailing of all publicity pamphlets. (4) Should the election be challenged or questioned for any reason whatsoever, then the Town shall be solely responsible £or defending, legally or otherwise, said elections. This Re ular Council Meetindu~ shah surplve e elfpotion of the IGA, provided that the County shall cooperate g g - nuary o, 2009 - FTa-ge 2 Intergovernmental Agreement with the Town in making relevant information and witnesses available upon reasonable request. {5) Within 30 days of the date of each invoice, the Town shall reimburse the Countq, in full, for invoiced costs of election materials, supplies and equipment, and personnel required in direct support of the Town election, as set forth below. {G) Be responsible for the security of all ballots tabulated by officials and vendors other than . Pima County's agents or employees and ensure that any functions performed by Town ox its outside vendors. comply with applicable law and procedures of the Secretary of State. ('7) Arrange for and publish any and all notices of this election as required by law. 5. Financing/Payment. Within thirty (30) days of the date of invoice, Town will pay the Pima County Recorder: {1) $5.75 for each ballot mailed; (2) $0.75 for signature checking on each returned ballot; (3) $3.00 for each replacement ballot issued by mail, $1.25 for each replacement ballot issued at a satellite voting location; (4) Special Ballot Inserts: 1 cent per ballot fox single page or 5 cents per ballot for multiple pages. Inserts may be no larger than 8'/i inches by 5 inches in size. Larger materials may be used, but must be folded prior to delivery to the Recorder`s Office so that the final size does not exceed 81/z by 5 inches. The Town shall be responsible for any additional postage costs resulting from including a special insert. (5} $50.00 per request for Team Voting; (~ Computer programming as required far additional voter data at $50.00 per hour, one hour minimum; (~ If required, $400.00 fox remote site computer linked to Recorder's system. ($) Actual cost of postage and all other necessary materials for early balloting {unless set £oxth with specificity above); (8) Actual cost of all necessary materials and progra+nm;ngfor on-site early voting, if required; and, {10) Any other costs associated with services provided for the conduct o£ the Election(s), as set forth in Pima County Fee Ordinance 2005-80, which is attached hereto as Exhibit A. {11) Invoices not paid within 30 days of billing date will accrue interest at the rate of 10% per annum. Regular Council Meeting -January 20, 2009 -Page 19 of 81 „ Intergovernmental Agreement G. Indemnification. The Town shall indemnify, defend, and hold haxxnless, the County, the Recorder, their officers, employees and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands ox damages of any kind or nature arising out of this IGA which are attributed to any action or omission of the Town, its agents, employees, or anyone acting under its direction, control or on its behalf, unless such actions are due solely to the negligence of the County or County Recorder. The Town's obligations pursuant to this section shall survive the termination, cancellation or expiration of this IGA. 7. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, n11es and regulatitons doting the terms of this Agreement shall apply but do not require an amendment. 8. Non-Discr~***ination. The Town shall not discriminate against any County employee, client ox any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of camping out duties pursuant to this IGA. The Town shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. 9. Americans With Disabilities Act. The patties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 2$ CFR Parts 35 and 36. 10. Severability. If any provision of this IGA is held to be invalid or unenforceable, the remauung provisions shall continue to be valid and enforceable to the full extent permitted by law. 11. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 3$-511, the pertinent provisions of which axe incorporated herein by Yefexence. 12. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terninated if fox any reason the County Board of Supervisors does not appropriate suffident monies far the purpose of maintaining this IGA. In the event of such cancellation, neither the County, nor the County Recorder shall have any fiirther obligation to Town. 13. Legal Authority. No party warrants to any other party its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that any party lacks authority to enter into this IGA, or any part of it, then the IGA, ox parts of it affected by such order, shall be null and void, and no recovery maybe had by any party against the other far lack of performance or otherwise. 14. Worker's Compensation. Each party shall comply with the notice of A.RS. § 23-1022(E}. Fox purposes of A.R.S. § 23-1022, each party shall be considered the paimary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and such patty shall have the sole responsibility of the payment of Woxket's Compensation benefits or other fringe benefits of said employees. Regular Council Meeting -January 20, 2009 -Page 20 of 81 ~ Intergovernmental Agreement 15. No Joint Venture. This IGA is not intended to, and this IGA shall not be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County or Recorder and any Town employees, ox between the Town and any County employees. No party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of any other party, including (without limitation) any other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 16. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA, or affect the legal liability of any party to the IGA by imposing any standard of care different from the standard of care imposed by law. 17. Notice. Any notice required pursuant to this IGA shall be given to: Rec r F. Ann Rodriguez County Recorder 115 N. Church Avenue Tucson, AZ 85701 {520) 740-4350 Fax: (520) 623-1785 Town Jocelyn Bronson, Town Clerk Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653-7007 (520) 382-1960 Fax: (520) 382-1998 18. Termination. Either party may terminate this IGA at any tune by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such temnination. In the event of termination, any real ox personal property belonging to either party and Furnished pursuant to this IGA, shall be returned to the furnishing party. Any funds of Town paid to County in accordance with this IGA and not encumbered at the time of termination shall be refunded to Town. REMAINDER OF PAGE INTENTIQNALLY LEFT BLANK Regular Council Meeting -January 20, 2009 -Page 21 of 81 ~ Intergovernmental Agreement 19. Entire IGA. This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior ox contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder. IN WITNESS WHEREOF, the parties hereby have executed this Agreement on this dap of .2409. TOWN OF MARANA By: Mayor ATTEST: By: Town Clerk PIMA COUNTY BOARD OF SUPERVISORS By: Chair ATTEST: By: Clerk of the Board of Supervisors AS TO CONTENT: By: F. Ann Rodriguez, Pima The foregoing Intergovernmental Agreement between The Town of Marana, Pima County and the Pima County Recorder has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have deternuned that it is in the proper form and is within the powers anal authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County and Pima County Recorder County Attomep Town of Marana Attorney £or the Town of Marana. Regular Council Meeting -January 20, 2009 -Page 22 of 81 pZZ05 -CX3 ' ~ r \• ORDINANCE N0.2005- gp AN ORDINANCE OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA ESTABLISHING FEES FOR ELECTION-RELATED SERVICES, VOTER REGISTRATION DATA AND RECORDED DOCUMENT SERVICES PROVIDED BY THE PIMA COUNTY RECORDER. WHEREAS, the Pima County Recorder is authorized pursuant to A.RS. §§ i6-172, lb- l68{E}, 11-475, and 11-251.08 to charge for election-related services, voter registration data, and recorded document services; and, WHEREAS, the Pima County Board of Supervisors has determined that the charges are appropriate and necessary to cover the costs incurred by the Pima County Recorder in providing these services; and, WHEREAS, the Pima County Board of Supervisors has the authority under A.R.S. §11- 251.05 to adopt all ordinances necessary or proper to carry out the functions of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA: SECTION l: It is the intent of this Ordinance to establish fees for election-related services, voter registration data, and recorded document services provided by the Pima County Recorder in an amount sufficient to defray costs. SECTION 2: Fees charged by the Pima County Recorder shall be as follows: SEE ATTACHMENT. SECTION 3: This Ordinance shall take effect thirty-one (31) days from the date of adoption.. SECTION 4: If any provision of this Ordinance, or the application thereof to any person or circumstance is invalid, the invalidity shall not affect other provisions or applications of this Ordinance, which can be given meaning without the invalid provision. Regular Council Meeting -January 20, 2009 -Page 23 of 81 day of August , 2005. PIMA COUNTY BOAD OF SUPERVISORS Sharon Branson, Chair FASSED AND ADOPTED THIS <. ~ ;., t, ~~ -Lon ~cx'Yc~~I clerk ofthe Board ~'~. 'a . ,.~ ~ RIr.V'I~'W~yBY ~,. F. Ann Rodriguez, Pima Regular Council Meeting -January 20, 2009 -Page 24 of 81 APPROVED AS TO FORM: County Attorney p2.1$6-- o~ P. O. Box 3145 ~• Q$r oge Christopher ~T. Roads Tucson, AZ 85702-3145. Chief Deputy Recorder F. Ann Rodriguez Registrar of Voters Located in the Old Courthouse at: 115 North Church Avenue, Tucson, AZ Plllla COUri•#y ReCOrder :Document Recording: (520) 740-4350 Voter Registration: (520} 740-4330 htta://www.recorder.pima.gov Recording history one document at a time. F~x• (_52(1162:1-17R~ J~J~~ CONT~`.1~ECO.~.R` ES t~1~~ES For Conducting Jurisdictional Elections (i.e., Cities, Towns, School Districts, Fire Districts, etc.). ELECTIONCOSTS POLLING PLACE ELECTIONS Early Ballot Processing $5.75 Each* Early. Ballot Signature Verification $0.75 Each Replacement Ballots -Satellite Location $1.25 Each Replacement Ballots - By Mail $3.00 Each New Resident Ballots $5.75 Each Signature Roster Printing (per precinct) $18.00 Each Provisional Ballots $15.00 Each Regular Hours $17.15 Per Hour Overtime Hours $25.73 Per Hour Remote Site Computer Linked $400.00 Flat Fee Remote Voting Site Not Computer Linked $200..00 Flat Fee ALL BALLOT-BY-MAIL ELECTIONS Mailing of Ballots to Every Active Voter $1..90 Each Replacement Ballots -Satellite Location $1.25 Each Replacement Ballots - By Mail $3.00 Each New Resident Ballots $5.75 Each Signature Verification Cost $0.75 Per Signature Regular Council Meeting -January 20, 2009 -Page 25 of 81 PIMA CDUNTYRECORDER'S CHARGES Page 2 . ,ELECTION COSTS (Continued) FEES APPLICABLE TO ALL ELECTIONS New Resident Ballots $5.75 Each Voter Registration Maizztenance Fee*.* 2'/z¢ Per Voter Team Votingfi $50.00 Per Request Special Inserts: Single Page - 8%s x 11" or'/z sheet $0.01 Per Ballot (20 lb paper minimum) Multiple Pages or larger than 81/z x 11" $O.OS Per Ballot . (May also result in additional postage cost far mailed ballot package due to increased weight) Mileage will be charged at actual cost based on Pima County Automotive Services Department Motor Pool charges. * Includes postage fees for both the mailing of the ballot package and the return mail of the voted ballot. Postage rate hikes imposed by the United States Postal Service which take effect a$er the effective.date of this .Ordinance and Fee.Schedule may result in a fee increase in the same amount. * * -Active and Inactive voters. ~ Emergency voting in hospitals, rest homes, care facilities, etc., for homebound voters, voters unable to vote in polling location, and those who need assistance voting their ballot due to medical reasons. JURISDICTIONAL BOUNDARY CIiANGES MAPPING ..Computer coding $50.00 Per Annexation Map Geocoding {1 Hour Minimum) $20.00 Per Hour Regular council Meeting -January 20, 2009 -Page 26 of 81 $IMA COUNTYRECORDER'S CHARGES Page 3 E.ARLYBALLOT LISTS FEESCHEDULE FOR PRIMARYELECTIONS 1. Early Ballot request data for State and Federal Primary Elections. 2. Number of Registered Voters determined on the 60"' day preceding the Primary Election, 3. Prices shown in Columns 2 and 3 are per Party Affiliation: Democrat, Republican and/or Others. 4. Fees will be calculated in the following manner: a. Determine which Party data are desired (Democrats, Republicans and/or Others): b. Determine how many Voters of each Party are registered in the desired District using the figures from the Recorder's website: c. Find the row containing that number in Column 1. Use the Price Per Party Affiliation figures in Column 2 for the Early Ballot List, and the figures in Colurrin 3 for the Returned Ballot -List. d. EXAMPLE: Candidate John Doe subscribes to the list of all Democrats and Independents who request an Early Ballot in his District. There are 173,280 Democrats and 92,621 Independents. Using the schedule below, Mr: Doe will pay $360.00 for Democrats plus $200.00 for Others for the Early Ballot List. If he decides he wants to also purchase the Returned Ballot. List, he will add an additional $190.00 for Democrats plus $110.40 for Others. His total for the subscription will be $860.00. 5. If the request is for all political parties and Others, and all such ballot returns, then the magimnm charge shall be $1,020.00. Reg 1. NUMBER OFREGISTERED VOTERS INDISTRICT 2. EARLYBALLOT LIST PRICE PER PARTYAFFILIATION 3. RETURNED BALLOT LIST PRICE PER PARTYAFFILIATION o -10,000 $ 2a.oo $ 2o.oa lo,ool -20,000 4a.oo 30.00 2a,oa1- 30,000 60.00 40.00 30,001- 40,000 80.00 50.00 40,001- 50,000 100.00 60.04 50,001- 60,000 120.00 70.00 60,001- 70,000 140.00 80:00 74,001- 80,000 160.00 90.00 80,001-.90,000 180.00 100.00. 90,001-100,000 200.00 1:10.00 100,001-110,000 220.00 120.00 1 I0,001-120,000 240,00 130:00 120,001 -.130,000. 260.00 140.00 130,001- 240,000 280.00 150.00 140,001-150,000 300.00 160.00 150,001-160,000 320.00 170:00 160,001-170,000 340.00 180.00 170,041-180,000 360.40 190.00 180,001-190,000 380.00. 200.00 190,001- 200,000 400.00 210.00 200,001- 210,000 420.00 220.00 210,00 I - 220,000 440.00 230.00 220,001- 230,000 460.00 240.00 230,00 l - 240,000 480.00. 250.00 240,001- 250 000 500.00 260.00 PIMA COUNTYRECDRDER'S CHARGES ' Page 4 EARLYBALLOT LISTS (Continued) FEE SCHEDULE FOR GENERAL ELECTIONS 1. Early Ballot request data for State and Federal General Elections. 2. Number of Registered Voters determined on the 60~` day preceding the General Election: 3. Prices shown in Columns 2 and 3 are per Party Affiliation: Democrat, Republican and/or Others. 4. Fees will be calculated in the following manner: a. Determine which.Party data are desired (Democrats, Republicans and/or Others). b. Determine how many Voters of each Party are registered in the desired District using the figures from the Recorder's website. c. Find the row containing that number in Column 1. Use the Price Per Party Affiliation figures in Column 2 for the Early Ballot List, and the figures, in Column 3 for the Returned Ballot List. d, EXAMPLE: Candidate John Doe subscribes to the Iist of all Democrats and Independents who request an Early Ballot in his District. There are 1.73,280 Democrats and 92,621 Independents. .Using the schedule below, Mr. Dce will pay $384.00 for Democrats plus $220.00 for Others for the Early Ballot List. If.he decides he wants to also purchase the Returned Ballot List, he will add an additional $360.00 for Democrats plus $200.00 for Others. His total for the subscription. will be $1,160.00. 5. If the request is for all political parties and Others, and .all such ballot returns, then the maximum charge shall be $1,380.00. RE 1. NUMBER OFREGISTERED VOTERS INDISTRICT 2. EARLFBALLQT LIST PRICE PER PARTYAFFILIATION 3. RETURNED BALLOT LIST .PRICE PER PARTYAFFILIATION o - lo,ooo ~ 40.00 $ 2o.oa l o,oo l - 20,000 60.00 4o.oa 20,001.- 30,000 80.00 60.00 30,001- 40,000 100.00 80.00 40,001- 50,000 120.00 100.00 SO,OOi - 60,000 140.00 120.00 60,001- 70,000 160.00 140.00 70,001- 80,000 180.00 160.00 80,001- 90,000 200.00 180.00 90,001-100,000 220.00 200:00 100,001-110,000 240.00 220.00 110,001-120,000 260.00 240.00 120,001 -130,000 280:00 264.00 130,001--140,000 300.00 280.00 140,001-150,000 320.00 300A0 150;001 -160,000 340.00 320.00 160,001-170,000 360.00 340.00 ..170,001-180,000 380.00. 360A0 180,001 - 190,000 400.00 380.00 190,001- 200,000 420.00 4.00.0.0 200,001- 210,000 440.00 4.20.00 210,001- 220,000 460.00 440.00 220,001-230,000 480.00 460.00 230,001- 240,000 500.00 480.00 ular Council ~~1Jang~~~'iQQ009 - Pa 28 of 81 520.00 $00,00 .: .LIMA COUNTYRECORDER'S CHARGES Page 5 -VOTER REGISTRATIONDATA In addition to the statutory fees for voter data provided in A.R.S. §16-168(E), the following fees will be. charged per voter record: Additional District Assignment Information $ .O1 Voting History .02 Voter Change History .02 Age Of Voter .02 Mailing Labels (1" X 2.63" - 30 Per Page) .24 Per Label Computer Programming For Additional Information Per Hour, 1 Hour Minimum 50.00 Copying Fee-Includes Redaction Of Confidential Data 1.00 Per Page Certification Of Voter Registration 10.00 Per Certification, Replacement of Voter ID Card 3.00 Each ..RECORDER'S WEB SITE SUBSCRIPTION FEES For accessing images of recorded documents on the Pima County Recorder's secure web site, the following subscription fees will apply: Affidavits of value Images $50.00 per month paid 3 months in advance for unlimited number of images. I~ecc~rded Documents Images Includes Affidavits of Value A. $100.00 paid in advance for asix-month period for 200 images. B. Additional increments of 200 images at $40.00 per increment. 11~Iaps Images $3.00 per map page payable at least $200.00 in advance. ADDITIONAL FEES FUR RECORDED DOCUMENTS Direct download of daily images -T1 line rewired: $ .Ol per image.. CD format of daily docket of images: .02 per image. Fee to return documents improperly submitted for recordation: 3.00 per document. Regular Council Meeting -January 20, 2009 -Page 29 of 81 RESOLUTION N0.2009 - RESOLUTION OF THE PIMA COUN'T'Y BOARD OF SUPERVISORS AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR ELECTION SERVICES TO BE EFFECTIVE FEBRUARY 1, 2009 THROUGH COMPLETION OF ALL OBLIGATIONS AND ACTIVITIES CONTEMPLATED BY THIS IGA, PROVIDED THAT THE TERM SHALL CONTINUE THROUGH FINAL RESOLUTION OF ANY LEGAL CHALLENGE TO THE ELECTION. WHEREAS, Pima County is authorized, under Arizona Revised Statutes ~§16-205(C),16-450,11- 251(3), 11-951 et.req, to perform services regarding elections; and WHEREAS, the Town of Marana is allowed under Arizona Revised Statutes, Title 9, Title 11, and Tide 16, to call for Elections; and WHEREAS, the County and the Town of Marana have determined that the use of the services of the Pima County Recorder is in the public interest, and the County agrees to provide said services: NOW, THEREFORE, upon motion duly made, seconded and carried, be it resolved: That Pima County enter into the Intergovernmental Agreement between Pitx~a County and the Town of Marana fox Election Services; and That the Chair of the Board of Supervisors be authorized and directed to sign said Intergovernmental Agreement. PASSED, ADOPTED AND APPROVED by the Pima County Board of Supervisors, this day of ~: 2009. PIMA COUNTY BOARD OF SUPERVISORS Chair, Board of Supervisors APPROVED AS TO FORM: A'1 PEST: D y County Attorney Clerk of the Board Regular Council Meeting -January 20, 2009 -Page 30 of 81 ->: ~"~ ~~ ~~ ;~ _n. -_, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 20, 2009, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Item C 2 Subject: Resolution No. 2009-06: Relating to water; approving and authorizing the Mayor to execute a Pipeline Crossing Agreement with Union Pacific Railroad Company; and declaring an emergency Discussion: A Marana Utilities Department water line crosses the Union Pacific Railroad (UPRR) right-of--way near Adonis Road. The water line is in the UPRRiight-of--way by the consent and agreement of UPRR. Where it crosses under the railroad tracks, the water line is currently encased in a secondary pipe. Because of the UPRR double tracking, the water line encasement needs to be extended to protect it from the new main line. This agreement allows the Utilities Department to do the work necessary within the UPRR right-of--way. ATTACHMENTS: Name: ~ Resa_Approvnc~_UPF;R Pipeli ne_Crossing Agreement ~ 6855_OO,pdt Staff Recommendation: L)ese.ription: Reso appraving UPRR CrossEng Agree€r€ent l~xl~ A to Reso: UPRR Pipeline Crossing Agreement Type: .Resolution 1=xhibit Town Staff recommends the adoption of Resolution No. 2009-06, approving and authorizing the Mayor to execute the Pipeline Crossing Agreement with UPRR. Suggested Motion: I move to adopt Resolution No. 2009-06. Regular Council Meeting -January 20, 2009 -Page 31 of 81 MARANA RESOLUTION N0.2009-06 RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A PIl'ELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana Water and Utilities Department has a water line within the Union Pacific Railroad (UPRR) right-of--way on the east side of the UPRR Railroad Track at Adonis Road; and WHEREAS UPRR is in the process of double tracking its main line through Marana; and WHEREAS the double tracking will require the Marana water line to be encased in a secondary pipe to protect it from the new railroad main line; and WHEREAS a new UPRR license agreement is required in order for the Town of Marana to undertake the work within the UPRR right-of--way. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Pipeline Crossing Agreement with the Union Pacific Railroad Company attached as Exhibit A to and incorporated by this reference in this resolution is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that since 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 20'" day of January, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -January 20, 2009 -Page 32 of 81 Pipeline Crossing 080808 dorm Approved, AVP-Law PIPELINE CRGSSIlVG AGREEMENT Mile Post: 962.49, Gila Subdivision Location: Marano, Pima County, Arizona Folder No. 2538-84 THIS AGREEMENT ("Agreement"} is made and entered into as of January 06, 2449, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a 13elaware corporation, ("Licensor"} and TOWN OF MARANA, an Arizona municipal corporation to be addressed at 5l OQ ~V Ina Road, Tucson, Arizona 85743 ("Licensee"}. IT 1S MUTUALLY AGREED BY AND BETWEEN TAE PARTIES HERETO AS FOLLOWS: Articlel. LICENSOR GRANTS RIGI3T. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one f"encased pipeline for transporting and conveying potable water only. across Licensar's tracks} and property (the "Pipeline") in the location shown and in conformity with the dimensions and. specifications indicated on the print dated December 1.7, 2048 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than. transporting and conveying potable water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or far .any other use, whether such use is currently technologically possible, or whether such use may came into existence during the_life of this Agreement. Article 2. LICENSE FEE. Upcn execution of this Agreement, the Licensee shall pay to the Licensor Gone-time License Fee of Three Thousand Five Hundred. Seventy Five Dollars ($3,575.Q4}. Article 3: CONSTRUCTION MAINTENANCE.AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made apart hereof. Regular Council Meeting -January 20, 2009 -Page 33 of 81 Article 4. DEFINITION OF I,iCENSEE. Far purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. If a contractor is hired by the Licensee for any work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work}, then the Licensee shall. provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such contractor ar subcontractor to release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Article S. INSURANCE. A. Before commencement of the term of this Agreement and prior to any PpeIiue construction, the Licensee or Licensee's contractor sh1I1 obtain the required Railroad Protective Liability insurance. at its sole expense, as specified in Section E on Exhibit C attached hereto and hereby made a part hereof. The Licensee, at its sole expense; shall also provide to the Licensor the other insurance binders, certificates and endarsemeuts described in Exhib# C, and also require that its contractor or subcontractor maintain the insurance coverages as set forth in Exhibit C, naming Licensor as and additional insured. B. Not more frequently than once every two years, Licensor may reasonably modify the required insurance. coverage to reflect then-current risk management practices in the railroad industry and underwriting. practices in the insurance industry. C. All insurance correspondence, binders, certificates and endorsements shall be directed to: Union Pacific Railroad Company Real Estate Department -Folder No. 2538-80 140Q Douglas Street STOP 1690 Omaha, NE 68179-1690 D. Failure to provide evidence as required by`this section shall. entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this Article shall not operate as a waiver of Licensee's obligations hereunder. E. If the Licensee is a public entity subject`ta any applicable statutory tort laws, the limits of insurance described in Exhibit C shall. be the limits the Licensee then has. in effect or which is required by applicable current or subsequent taw, whichever is greater, a portion of which may be self-insured with the consent and approval of Licensor. F. The fact that. insurance (including t~~ithout limitation, self-insurance} is obtained by Licensee or its contractor/subcontractor shall not be deemed to release or diminish the liability of Licensee 'including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. c~ . ti;'. F :.: Regular Council Meeting -January 20, 2009,- Page 34 of 81 ~' ~ ~~; Article 6. TERM.. This Agreement shall take effect as of the Effective Date first herein written and sha11 continue in full force and effect until terminated as herein provided,. IN VVI~TTESS WHEREOF, ttte parties hereto have. caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY TOWN OE 11'f ARANA B~: 1c~ari I'fek-r(e ivtanager ~or~tr~zcts Regular Council Meeting -January 20, 2009 -Page 35 of 81 ~~ N~~~7~c t'F-int~tl; "I'itlc. • ~° PLACE ARROW INDICATING NDRTN a=ORM DR-4404-B ~? REV. 5- l 5- 98 D I REC7 1 ON RELATIVE TO CROSS I NG~ ~ U~}Ci' CgIT1 v ~` r ~ ~'~j ~ 3~II~~~,~N1E ~~.~~~II~T~ ~ ~ r, ~ ~~`.{%' NOTE: ALL AVAILABLE DIAOENSIONS MJST BE ~ ~ ~~`~~ r~(0 SCALE FILL€D tN To ~R~t:~ss Tests af'PLrCAnDN. '~ ~~ ~ AR`S R/W +. tom. ._ ~ .....z H- S 3~ y 4' *„ ~ _ ` s , t'i *&. _ ~ .~j I I:',r Ed,. ~ d 5) i.s.. .. {.. p a,t E ~ .` f (. _ ` ~s.ld '~t~ ~ s ~ ~ .~s ~ r ~r ~ ra f!~`c~~:~lV w _. +~. R. ~ MME h`' ( _ _r .,~,V .nacK C1eu 4[ ei~ _ ~ (lYEAREST n, a, rosrn~._ +.~ ~ ~ if , Ef7~~ g .~, .~ ti ~° ~ dr a ~ ~, .~ ,-.~"r , C i ws n~,~ a.. o, u ra: ~ ,y s ~;~r eff-~,r~r:r,F FT. ~. ~ e ~, t o. I~Gw'~: 3"iS~'tJi~t~*i,aa PLC ~'f uPp i ark ~.a G5. ~ c Ai -u 4i fUN tUl USING SEC 19NS 015'f 4N~:E 10 A lcGAt SI~itYEY L.I N_ IS RE(H17RE0) * ,a ~ - I . «.,....... 4~j'~ .„ i Pt _ ~ ~'+€j .'~' ~ STEEL CASING WALL } "` lnN. our ~,~ ~~ - ~ ~ ~ TH1CKNc55 CHART `~. T"~-` ~ ,,.,x +~a€a 2 r :~ IFI NIIdL16. 41 Ah+ETCR C. ~ f~-U-~-j.-'- -~.. 3{~tGpppE ~ THICKNESS CASI~C P FE .__.- - _.~''a...i~-- ~ - ~'" ~ ' ~ ~ €`~~' U 9 ' ~ l ~' Ok L 6'~ ~ ~ ~ l !zs° s ,~~ ovER !z- ie- ~ ~ I _ __.__ ~. ~~ 375C" 5r6 DYER f8" 22" f' { F ~ # .43?5°7f€F" GVER 22"-28" 1 IA` s 'rt '~~ ~ i 500t)"titititi 1~"e" OVER ZR` 34" ..,, ,,,,,,,,,,_ 6Z- 5 16" OVER 34"-42" .-- _..-.......' ~._Fi ., C.,I cs,., y ~D cif>:.,) Sf R6 C.nS EN4 t S,. ~-5ta[, Ss,=h~~~. `~ ar c~c ~u Pt~E t5 ra to a). ~ ". ~ t,250"~ StB" OVER A2" AB" _ 3 I ,... ~-.-d ._~. ~_.... ~1- _ _-_. ..- - ~`""`~'v ~{p~-~j ...OVER 6" l,R1ST BE _..~~ ,a;'r i .- ~_ _ ~ r is~ ~" ..~~>~i-° AFPRO JE[ !',Y R R C.. ((,~~"" ,~ r,! s t i ~ ~ _ " -- ~ ~"F., NOTE: TNiS CHeRT 15 G3 kY k3' t~l. 1~...._l ~~ .,^! ,f ,,~--..~~~ ,~_~,~~ ~y ~ ,.~„_~i ~, c~ FOR 5N06rN 5TcEL CA Vtd ~ ~ PIPES Yt1 TN 6t(tIIMG'l1 7IE~Q ~,~t;~ ~r ~~ ~ ':.. - i 57R Er+GFH 6F 35. 60tt P54. ~ ~ ~ ~ s-- - Y - r` ~ er €ORMULA T~ FIGURE CASIN6 _._._ . ~f ~ cp _ ~ F m..... f t ~~~ ~ L5NC7H WtiH ANGLE OF ,i,~ ,,,_,_ ~,_,.~ ,;, r7< „„_„,,,,, ~_____ .~- - ~ 4f~55€NC OTHER THAN 90° ¢~. Nv ffS (EA ('~ CENGTH WN.N .SEGiUR L&~ A~pN9 'IPCLINE.) „~ 5jN ~, ai s!.t. 'KiR EZONTA{ 6t5rdNGES TO BE MEdSUflED 4i P.IG.": ANGI`5 F._6td4 OF iftACK. .g't~~ ~ 21 fdj'f]i TO EXTQNp BEY DND THE 4 OF Tft4fY, CI R(f.F .4"N~LES 1Ni Gftf.ATEF DF 2D ~ 20 FT.. OF 36 Fr„ ~,"~/ 6 I FNG S-T{JNO E1M[T OF P.AllR040 R[CHT-OF-i4`FT 1F N CESSAflY TO FROYIDE PgOPEfl LENGTH OUTSIDE OP 7B °iC K. - ;3~ MIN. DE$r. S~ M3HIMU4 OF" 50' FROM ;HE EWO OF kNY NAflA0A0 BRICGE, ~ OF 4NY GA YEA T, OR FROM pNY SHI TCHI NG AREA. /` (k47E 2) at S1ON4E PEPRESENT0.T IVE MUST Bf PRESENT CURENG iN•iTf.I.t.AT 1GN If RA ILGO~O SIGNALS ARE fN THE Yf C1 NI TT p- CRp551NG. ,f~' BkaF~, Si I~.LOHAb"tE FIXED OBJECTS INCLUDE BACASYb1.~5 CFF &ki DiEi, ~ O~ ROAQ CROSSINf,S 6 OYERNESp VtADI1CT5 iGit[ ROA(YAAMEIA DR CkH.uER15, 6) CASING AND C0.RRiCR RIPE Mll57 BE PL ACEb A A9iN IkR~A Or 2 BEET BE~_OS~ iHe fXISrl NG F(BCA 6Pi.C CA$l,E. ANY E%C.AVAt IDR REOtt1REO WITHIN AY t5 PIPELINE CROSSING 'NI THIN DE`DICA7ED ST~3EET ~ "ES;~~NO; ~~~~~~~ "~, S9 t3l IF YES NAME OF STREET _ ~~ ~FOa aaiEaow use awry DI DISTRIBUTION :III=. OR TRANSM[SSt~~N Lttv~_ R R P P -- p ~y Rdii~e ~~. I~I~ R~#l~ ~i~ PaIiC Ll~ C1 CAR IE I E t F,~,.~.~ Ct1MMDUtTY `U BE COt~VE`~ !E~ r~ ~ . . t ~ OPERATI[di, PF~E~S;,tAE .~.'I ~SI ~ fi - ., Vi ~ ,. , ~ ~ ~ WALL THICKNESS ~~,~~ ,Di ~rIt1E? +>' Il~ATL~?I,~L "~' E ~sttscrvtsinNi ~ [T CASING PIPE ~ ~ _ ,~ ~ ~ ~ ~'`~~ ` 7 1-~` ~~-~= Mo P 9~~.,O~t Ee S, ~6IZ __;!AAlER1AL 1i ;DIAMETER_ ~ _ • ~ WALL THICKNESS f7 ~ NO7E :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ~ ~ HT ENCQSE~ .e.~-~" ~ CR~3-S% ~ OUTSIDE DIAMETER OF CAP,FiIER P7EE AND INTERIOR DIAMETER OF ~~ G2vE OUTSIDE OF CASIh"G PIPE WHEN fURF~:i5N1NG ©IMENSIOr15 4(44 ~ , . CARRIER P{RE AND INSIDE OFCASING PIPE. ~,--"~"_"~~` ~~~~~~ ~~~ ° °~` ~ F) METHOD DF 1NSTALL3'JG C.451NG PIPE UNDER TRACK[ S1: ~~ ~~~ ~~.~c~ f DRY BORE ANO „tGK, ic4LT BCR~ IdDT #~%CtCifT7EO~ r l '~~' T 4'l~~' ( ' TUNNEL 'r O'" fR ~ ~ ~--" .a~~Fc,~.;. p ~C (~ d~ ~ ~~~~`~ ~ _ . . . . H . ~ ~ ~ ._~._ - ~_. ~}.~~~ IiK ~ ~ ~~ ~f~1. _ ~ G! WILL CONSTRUCTION BE BY AN OL'TS[DE CONTRACTOR`~ NO; yES ~ R , H1 DISTANCE FROh1 CE~iTER LINE DF TRAC}4 TO NEAR FACE OF 6CR] ~JG AND "~ w a R r~ i « G ~~ JACKING PITS P~HEN MCASURED AT RIGHT AFFGLES TO TRACli ` t}O` M~n1,j ---- [N AEL OCOASIOHS, U... P. COLIWNfLA?ION~y I I? AP PLIGANT HAS C4k TACTED i-8DO-336°~ ~ ~~r DEPARTMENT Af15T BE CONTACTED (H ApVANCE : IJ. P. COMMUN )SAT I O^! .DEPARTMENTS ~'t` w ~ S G ~' h 3 ~R ' OF ANY NORK TO DETEfWIME EXISTENCE AND is cxc+LE a OPTIC CABLE r. GOES : DOES ~tOT f c~.I va j,jT} ~F ~'~ ~ . r iocAriwr or erere o : ~-ano-aas-9~a3 = i ~__ itORK TO 6E PERFORMEL' TICKET NO.~'~•~. !~.a Reora _ Regular Council Meeting -January 20, 2009 -Page 36 of 81 - -. ., Pipeline Crossing 07f20l08 Form Approved, AVT' Law .EXHIBIT B, Section Y. LIlYfITATION AND SUBORDINATION OP RIGHTS GRANTED:. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintainrts entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wnelines, pipelines and other facilities upon, along. or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation ar damages. B. The foregoing grant is also subject to ail outstanding superior rights (including those in favor of .licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title ar for quiet enjoyment. Section 2. CONSTRUCT>ON. MAINTENANCE AND 9PERATION. A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/or 'reconstructed by the Licensee in strict conformity with (i} Lieensor's current standards and specifications ("UP Specifications"), except for variances approved in advance in writing'by the Licensor's Assistant Vice President Engineering -Design, or his authorized representative; (ii} such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without (imitation, American Railway Engineering and. Maintenance-of--Way Association ("ARENA"} standards and guidelines (collectively, "UP Additional Requirements"}, and (iii} all applicable laws, rules and. regulations ("Laws"). ,If there is any conflict between the requirements of any Law and the LTP Specifications ar the UP Additional Requirements,. the most .restrictive will apply. B. All work performed on property of the Licensor in connection. with the design, construction, maintenance, repair, renewal, modification ar xeconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the cornrnellcement of any work in connection with the design, construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee. shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or hi authorized representative, and then the woa-k shall be done to the satisfaction of the Licensor's Assistant Vice President Engineering Design. or his. authorized representative. The Licensor shall have the right, if it sa elects, to provide such support as it may deem necessary far the safety of its track or tracks during the-time of construction, maintenance, repair, renewal, modification, relocation, reconstruction ar removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefore, all expenses incurred ley the Licensor in connection therewith, which expenses shall include all assignable costs. Regular.Council Meeting -January 20, 2009 -Page 37 of 81 D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. E. In the prosecution of any work covered by this Agreement, Licensee shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation,. all applicable Federal Railroad. Administration regulations. Section ~, NOTICF. OF CONIl~IENCEMI;NT OF WORK/ LICENSOR REPRESENTATIVE / SUPERVISION /FLAGGING ! SAFETYk A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10} days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair; renewal, rhodification, recottstruetion, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial, and any subsequent work with the following employee of Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" ar "Railroad Representative"}: LARRY COLLINS, MTM UNION PACIFIC RAIL ROAD 999E 16~ STREET TUCSON AZ 8570.1 (520)629-2230 (520} 629-2231 Fax B. Licensee, at its own expense, shall adequately police and supervise all work to be performed. The responsibility of Licensee for safe conduct and adequate policing and supervision. of work shall. not be lessened or otherwise affected by Licensor's approval of plans and specifications involving the work, or by Licensor's collaboration. in performance of any work, or by the presence at the work site of a Licensor Representative, or by compliance by Licensee. with any requests or recommendations made by the Licensor Representative. C. At the request of Licensor, Licensee shall remove from Licensor's property any employee who. fails to confot~nt to the instructions of the Licensor Representative in connection with the work on Lieensor's property. Licensee shall indemnify Licensor against any.. claims arising. from the removal of any such employee from Licensor's property. D. Licensee shall .notify the Licensor Representative at least ten (10} working days in advance of proposed performance of any work in which any person or equipment will'be within twenty-five (25}feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom} will reach to withiin twenty-five {25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tools}, materials}, vehicle(s), or things} shall be located, operated, placed, or stared within twenty-five (25) feet of any of Licar-sor's tracks} at any time, .for any reason, unless and until a railroad flagman is provided to watch for trains. iJpon receipt of such ten. (10) day notice,. the Licensor Representative will determine and inform Licensor whether a flagman need be present and Regular Council Meeting -January 20, 2009 -Page 38 of 81 ~' { whether any special protective or safety measures need to be implemented. if flagging or other special protective or safety measures are performed by Licensor, Licensor will bill Licensee for such. expenses incurred by Licensor, unless Licensor and a federal, state or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state or local governmental entity. If Licensor will be sending. the bills to Licensee, Licensee shall pay such bills within thirty (341) days of receipt of billing. If Licensor performs any flagging, or other special protective or safety treasures are performed by Licensor, Licensee agrees that Licensee is not relieved of any of responsibtlities ar liabilities set forth in this Agreement. E. The rate of pay per hour far each flagman will be the prevailing hourly rate in effect far an eight hour day far the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge far vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll,. Tlie composite charge will be the prevailing composite charge ui effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate far holidays. Wage rates are subject to change, at any time, by law or by agreement behveen Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. if the wage rate ar additional charges are changed, Licensee {or the governmental entity, as applicable) shall. pay on the basis of the new rates and charges. F. Reimbursement to Licensor will be required covering the ful! eight=hour day during which any` flagman is furnished, unless the flagman can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other railroad work. Reimbursement will also be required for any day nat. actually worked by the flagnnan fallowing the flagrnan's assignment to work on the project for which Licensor is required to pay the flagmaxt and which could not reasonably be avoided by Licensor by assignment of Such flagman to other work, even though Licensee may not be working during such time, When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union caheetive bargaining agreements, Licensee must provide Licensor a minimum of five. {5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Licensee will still be required. to pay flagging charges for the five {5) day notice period required by union agreement to be given. to the employee, even though. flagging is not required for that period. An additional ten{10) days notice must then be given to Licensor if flagging services era needed again after such. five day cessation notice has been given to Licensor. G. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its. contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee. and. its contractor shall at a minimum comply with Licensor's safety standards listed ui Exhibit D, .hereto attached, to ensure uniformity with the safety standards followed by Licensoe's own forces. As a part of Licensee's safety responsibilities, Licensee shall. notify Licensor if it determines. that arty of Licensor's safety standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. Regular Council Meeting -January 20, 2009 -Page 39 of 81 .;,~ H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the jab. I. Licensee shall have proper first aid supplies available on the jab site so that prompt first aid services maybe provided to any parson injured on the job site.. Prompt notification shall be given to Licensor of any U.S. Occupational Safety and Health Administration reportable injuries. Licensee shall have anon-delegable duty to control its employees while they are on the jab site or any other property of Licensor, and to be certavi they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inlvbit the safe performance of any work. J. If and when requested by Licensor, Licensee>shall deliver to Licensor a copy of its safety plan far conducting the work (the "Safety Plan"). Licensor shall have the right, but not the obligation, to require Licenseeta correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 4. LICENSEE'TO BEAR ENTIRE EXPENSE.. Thee Licensee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurrcd by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFQRCElVIENT RELOCATION OR REMOVAL OF PIl'ELTNE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of'its railroad and in the improvement and use of its property.. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove he Pipeline from the Licensor's property, as the Licensor may desi~late, whenever, in the furtherance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference fo the Pipeline on property of the Licensor in the location hereinbefore described shall,. so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation ofthis section. Section 6. NO INTERFERENCE WITH LICF,NSOR'S OPERATION. A. The Pipeline and all parts thereof within and outside of the Limits of the property of the Licensor shall be designed, constructed and,-at all times, maintained, repaired, renewed and operated in such mamier as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the trac[cs, property and facilities of the Licensor and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof.. B. Explosives or other highly flammable substances shall not be stored on Licensor's property' without the prior written approval of Licensor. Regular Council Meeting -January 20, 2009 -Page 40 of 81 C. Na additional vehicular crossings {including temporary haul roads} or pedestrian crossings over Licensor's trackage shall be installed. ar used by Licensor or its contractors without the prior written permission of Licensor. D. When not in rise, any machinery and materials of Licensor or its contractors shall be kept at least fifty (50) feet from the centerline of Licensar's nearest track. E. Operations of Licensor and work performed by Licensoe's personnel may cause delays in the work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays.. Licensee shall coordinate its activities with those of Licensor and third parties so as to avoid interference with railroad operations. The safe operation of Licensor's train movements and other activities by Licensor take precedence aver any work to be performed by Licensee. Section 7. ROTECTION OF FIBER OPTIC_CABLF SYSTEMS. A. Fiber optic cable systems may be buried on the. Licensar's property. Protection. of the fiber optic cable systems is of extreme importance. since any. break could disrupt sei~~ice to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also. a 24-hou~•, 7-day number far emergency calls} to determine if fiber optic cable is buried anywhere on the Lcensor's premises to be used by the Licensee. ?f it is, Licensee will telephone the telecommunications eornpany{ies} involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on`the Licensor'sproperty until all such protection or relocation has been accomplished. Licensee shall. indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever {includnng, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO' OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL, AND SHALL CAUSE TTS CONTRACTOR TO, .RELEASE, INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARIViI,ESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE 'WHATSOEVER (INCLUDING,. WITHOUT LIlVIITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, RESULTING IN (I} ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (Z) ANY IN.iURY TO OR-DEATH OF ANY PEKSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS ANDlOR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH: COSTS, LIABII:,ITY OR EXPENSES ARE CAUSED SOLELY BY THE DII2ECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT IIAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR I,OS5 OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A, TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A. CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON' LICENSOR'S PROPERTY. Regular Council Meeting -January 20, 2009 -Page 41 of 81 b~ Section 8. CLAIMS AND LIENS.. FOR LABOR. AND MATERIAL; TAXES. A. The Licensee shall fully pay for all materials joined or affixed. to and labor performed upon property of the Licensor in connection with. the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not pernut or suffer any mechanic's ar materialrnan's lien of any kind ar nature to be enforced against the property far any work done or materials furnished thereon at the instance ar request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed,. or materials furnished. B. "T1te Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the L icensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of-such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such properly. Section 9. REST .RATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee in any manner moves or disturbs any of the property of the. Licensor in connection with the construction, maintenance, repair, renewal,. modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee"s sole expense, restore such property to the same conditit}n as the saYne were before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, i#s officers, agentsandemplo~Tees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and.. attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows. out of or arises from the moving... or disturbance. of any other property of the. Licensor. Sectionl0. INDEIYINITY. A. As used in this Section, "Licensor° includes`' other railroad companies using the Licensoe's property at or near the location of the Licensee's installation and their officers, agents, and employees;. "Loss" 'includes loss, damage, claims,. demands, actions, causes of action, penalties, costs, and expenses oi' whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including tha Licensee's officers, agents, and employees, the Licensee's officers, agezits; and employees, as well as any other person); and/or (b) damage to or loss ar destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, ar other property of the Licensor, or property in its care or custody). Regular Council Meeting -January 20, 2009 -Page 42 of 81 ~:~, B, AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF T]~E LICENSE AND PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS WHICH IS DUE TO OR ARISES FROM: L THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING TAE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION,. OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS. GRANTED PURSUANT TO THIS LICENSE; 3. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; 4. THE ENVIRONMENTAL STATUS OF TIIE PROPERTY CAUSED BY OR CON'T'RIBUTED TO BY LICENSEE; S. ANY AGT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDI1tECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER; OR 6. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING TAE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED I3Y OR ARISING FROM, IN WHALE OR IN PART, LICENSER'S NEGLIGENCE.: C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of` proceeding brought against any indemnitee by any entity, relating to any matter covered by this License fox which Licensee has an .obligation to assume liability for and/or save and hold harmless any indemnitee. Licensee shall pay all costs incident to such defense, including, but not .limited to, reasonable attorney's fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF PIPELINE UPONTER~~IINATION OF AGREEMENT..; Prior to the termination of this Agreement howsoever, the Licensee shall; at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as They were in at the time of the construction of the Pipeline. If thee. Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of Regular Council Meeting -January 20, 2009 -Page 43 of 81 a removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of'the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in na manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVF;R OF BREACH. The waiver by the Licensar of the breach of .any condition, covenant or agreement herein contained to be kept, observed. and performed by the Licensee shall in no way impair tine right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A, if the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30} days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written. notice. B Ian addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last luiawn address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whale ar in part, or any rights herein granted, without the written consent. of the Licensor, and it is agread that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted,. whether voluntary, by .operation of Jaw, or otherwise, without such consent iu writing, shall be absolutely void and, at the option of the.. Licensor, shall terminate this Agreement. Section 1S. STJCCESSORS AND IGNS... Subject to the provisions of Sec#ion 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors,. administrators, successors and assigns. Regular Council Meeting -January 20, 2009 -Page 44 of 81 Fipeline Grassing d7I20108 Form Approved, AVP-Law EXHiRIT C Union Pacific Railroad Company Insurance Exhibit ART l: GENERAL INS'ITZUCTIC}NS AND IZE UIREMENTS: Prior to execution of this License, Licensee shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with all insurance required by this License. All certificates of insurance and correspondence shall be addressed and sent to: Union Pacific Railroad Company Real Estate Deparhnent -Folder No.: 2538-80 1400 Douglas St., STOP 1690 Omaha, NE 681.79-1690 All insurance policies must be written. by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide :Rating of A- and Class VII ar better, and authorized to do business in the state{s) iii which the.. work is,to be performed. All policies required by this License shall provide coverage for punitive damages unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this License, or (d) all punitive damages are prohibited by all states iu which this License will be performed. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. PART 2: SPECIFIC INSURANCE LLNiTTS AND REQUIREMENTS Licensee shall, at its sole cost and expense, procure and maintain during the life. of this License (except: as otherwise provided ui this License) the following insurance coverage: A. Commercial General Liability Insurance written on ISO Occurrence form CG 00 O1 12 04 (ar a substitute form providing equivalent coverage) vrith limits of not less than: • $2,000,000 Each Occurrence • $4,000,000 Aggregate This policy must also contain the following endorsements (which must be stated on the certificate of insurance): • Additional Insured Endorsement ISO Form CG 20 26 (or a substitute form providing. equivalent coverage). The coverage. provided to Railroad as additional insured shall, to the extentprovided under ISO Additional Insured Endorsement. Form CG 20 26, provide coverage far Railroad's negligence Regular Council Meeting -January 20, 2009 -Page 45 of 81 ~'~u _,_ ¢ ~_~ whether sole or partial, active or passive, and shalt not be limited by Licensee's liability under the indemnity provisions of this License. • Contractual Liability -Railroads ISO Form 24 17 10 01 {or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" covered by this License as the "Designated Job Site". B. Business Automobile Liability Insurance written on ISO Form CA 00 Ol 10 O1 {or a substitute form providing equivalent coverage} with a limit of • $2,0OO,OQO each accident. This policy must contain the following endorsements. (which must be stated on the Certificate of Insurance): • Designated Insured IS0 Form CA 20 4& 02 99 (or a substitute farm providing equivalent coverage). • Coverage for Certain Operations, in Connectfln with. Railroads ISO Fotrn CA 20 70 10 Ol showing "Union Pacific Railroad Property" covered by this License as the "Designated Job Site". • Motor Carriers Act Endorsement OMB Form MCS-90 (if required by law).. C. Workers Compensation Insurance. Coverage must include but not be limited to • Licensee's statutory liability under the workers' compensation taws of the state(s) affected by this License. Employers' Liability (Part f3) with limits of at least $500,000 each accident, $500,000 disease policy Limit $SOO,OOQ each employee. • If Licensee is self insured, evidznce of state approval and excess workers compensation coverage must be provided. • Licensee shall waive all rights of recovery, and its uzsurers also waive all rights of subrogation. of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability obtained by Licensee required>in this License. This waiver must be<stated on the certificate of insurance. D. Umbrella or excess liability Insurance. If Licensee utilizes umbrella or excess policies to meet limit requirements, these policies must:"fallow form" and afford no less coverage tha~~ the primary policy. If utilized, Licensee shall waive all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by Umbrella or Excess .Liability obtained by Licensee requu-ed in this License, This waiver must be stated on the certificate of insurance. E. Railroad Protective Liability Insurance, At all times during construction, installation, repair or removal of a pipeline or wire line Licensee. or its Contractor must obtain and maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 3S 12 44 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $t,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. Regular Council Meeting -January 20, 2009 -Page 46 of 81 Pipeline Crossing 07120/0& Form Approved', AUP-Law EXHIBIT D M~YIMIJM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Licensee or its contractors, subcontractors, or agenis, as well as any subcontractor or agent of any Contractor. I. Clothing A. All employees will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, ar free use of their hands or feet. Specifically, employees must wear: {i) Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements, B. Employees shall not wear boots (other than work boots}, sandals, canvas-type shoes,:. or other shoes. that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other Loose jewelry while operating or working an machinery. II. Personal Protective Equipment Employees-shall wear personal protective equipment as specified by Railroad rules, regulations, ar recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) 289.1 -latest revision. Hard hats should be affixed with Contractor's company logo or name. {ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, 287.1 -latest revision. Additional cye protection must be provided to meet specific jab situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muff's, must be worn when employees are within:. ^ l00 feet of a locomotive or roadwaylwork equipment ^ 1 S feet of power-operated tools ^ 150 feet of jet blowers or pile drivers Regular Council Meeting -January 20, 2009 -Page 47 of 81 '' ^ 15Q feet of retarders in use {when within l0 feet, employees must wear dual ear protection-.plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be warn as recommended or requested by the Railroad Representative. Ill. On Track!Safety Contractor is responsible for compliance with the Federal Railroad Administiatian's Roadway Worker Protection regulations - 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such. regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a minimum distance of at least twenty-five (25} feet to any track unless the Railroad. Representative is present to authorize movements:. (ii) Wear an orange, reflectorized work wear approved by the Railroad Representative. (iii). Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track: authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work.. zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. it is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe. far use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor. must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: Familiar and comply with Railroad's lvles nn lockout/tagout of equipment. Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track. Trained in and comply with the applicable .air brake rules if operating any equipment that moves rail cars or any other rail bound equipment. B. All self-propelled equipment must be equipped with afirst-aid kit, fire extinguisher, and audible back up warningdevice. C. Unless otherwise authorized by the Railroad Representative,. all equipment must be parked a minimum of twenty-five (25) feet from .any track. Before leaving any equipment unattended, the operator must slap the engine and properly secure the equipment against movement.. D. Graves must be equipped with three orange cones that. will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. Regular Council Meeting -January 2Q 2009 -Page 48 of 81 `, ;:., V. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that al[ employees participate in and comply with a job briefmg conducted by the Railroad Representative, if applicable. During this briefmg, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. tf any employee has any questions or concerns about the work, the employee must voice them during thejab briefing. Additional. job briefmgs will be conducted during the work as conditions, work procedures, or personnel change. C. D. E. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. All employees comply with the following safety procedures when working around any railroad track: () Always be on the alert for moving equipment. Employees must always expect movement an any track, at any time, in either direction. (ii) Do net step or walk on the top of the rail, frog, switches, guard rails, or other track eompanents. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 `feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized b}{ the employee in charge. (v) Before stepping over ar crossing tracks, look in both directions first. (vi) Da net sit on, lie under, ar cross between cars except as required in the performance of your duties. and. only when track and equipment have been protected agauist movement. All employees must comply with. all federal and state regulations concerning workplace safety. Regular Council Meeting -January 20, 2009 -Page 49 of 81 ~~~1 ~~ 7~ ~ ~~.~ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 6, 2009, at or after 7:00 ~' M Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Meng h~ r Patti Comerford, Council .Member Carol McGorray, Council Member Jon Post, Council Ntemher Roxanne Ziegler, Council [~~lcmhrr ~: REGUL.~R MEETING CALL TO ORDER AND ROLL CALL. All Corrnri! ~1le~nher•s -rere present. PLEDGE OF ALLEGIANCE/INVOCATION/.^IOMENT OF SILENCE APPROVAL OF AGENDA.:~1uti~~n by Council Me~~7her Post, second by Council Member McGorray. Passed untrrtiri;u~«.cll•. CALL TO THF. PUBLIC. J ~-~ k S t c h ~ . I ? ~ R > N . O l dfather Road, spoke on the issue of paving Moore Road. Mr. Davidsnn. Council ~~lcmhcr Clanagan and Mayor Honea gave responses. Staff will be in contact with Mr. ~tebe ~u~d ethers b~ the end of the week. Angela Wagner-Gabbard spoke regarding public records requests fur amail~ and communications, and alleging inappropriate use of town prupert~ for personal gain and act~ti dies, prompting her to ask Council Member Clanagan to step down from }~ i s scat on the Cou ne rl. PRESENTATlO N S ANNOUNCEMEN"I'S/I ! P n RTES PROCLAMATIONS Marana Broncos Mitey Mite Blue. Ms. Bronson read the proclamation. Todd Leavens spoke on behalf of the team and thanked Council and his staff. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Comerford reported on the health of Ora Mae Harn; Council Member Clanagan reported that an Iraqi soldier of his acquaintance is requesting shoes -new or slightly used -for children in Baghdad; Mayor Honea reported on the Strategic Plan public meetings. Regular Council Meeting -January 20, 2009 -Page 50 of 81 MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson noted that the executive reports to Council are included in their Council packets; Deb Thalasitis reported that the Strategic Plan is available for review on the town's website. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA. Motion by Council Member Clanagan, second by Council Member McGorray. Unanimously approved. C 1: Resolution No. 2009-001: Relating to Development; appro~~in~~ and authorizing a final plat for Cascada, Village I (Lots 1-430), Blocks 1 - \ VIII, "A", "B ", "C", "D" & Common Areas "A", "B", "C", "D", "E", "F". "C ~ ". "I { ". "P' (Kevin Kish, AICP) C 2: Resolution No. 2009-002: Relating to Communit~~ Development: granting $1,000 in discretionary funding to the Arizona Academic Decathlon Association to support the 2009 Region III Academic Decath 1 c ~ n he i n ~ ~ h c I d at Marana High School. (T VanHook) ~~ C 3: Minutes of the December 9, 2008 special council meeting and the December 16, 2008 regular council meeting COUNCIL ACTION A I: PUBLIC HEARING: Resolution No. '?0O9-(103: Relating to the extension of the Alternative Expenditure Limitation (Erik f~~Iontague) motion to approve by Council Member t'ontc rli,rd, ,second by Council Member McGorray. Unanimously nppror~crl. A 2: Resolution No. ~00~~-UO4: Relating to Uevcli~pment; approving and authorizing the 11Ia~~or to e~crute a deg clopmcnt agreement with Marana Mortuary & Cemetery Propertie,. L.L.C. (hcvin Kish, t1.ICP) Council Member Post declared a conflict of interrst and Icli the dais. lit-. Kish presented this item and discussed the f~arneu Linear Chattncl and hark area- uagotiated development agreement with the parties involved and respontiibilit~ t~~r development fees. Council Member Ziegler asked a question in regard t~> Item -l. Mr. Kish stated that he wasn't sure of the actual costs ai this time - perhaps $80,000-90,000 as a ballpark figure. Vice Mayor Kai srol:e to his concerns on item 4 with regard to the canal on Barnett, and that CMII) wants this canal underground. Is the town going to pay for those costs? Mr. Kish stated yes, the town would be responsible. Staff felt that it would be more advantageous to do that in terms of overall cost-savings and continuity and timing of delivery of the water system. Funds will come from a proposed CII' project on the east side of the canal. Vice Mayor Kai also noted that CMID is concerned about the wall and needs access on the north and south side of the canal until the underground comes in. He said that the funding number should be defined. Council Member Ziegler noted her concern in the discrepancy of the numbers. Barbara Johnson addressed Council, noting that the project would cost closer to $389,000 for the undergrounding. As the CIP project is compiled they are looking. at funding mechanisms. Future developers will be looked to for reimbursement. The Regular Council Meeting -January 20, 2009 -Page 51 of 81 town does need to get the project going regarding the drainage and how it will save north Marana. There will be more than one CMID crossing over the canal. The CMID facilities do need to be protected. Motion by Council Member Comerford, second by Council Member McGorray. Vice Mayor Kai abstained Motion passed S-0. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: LegislativeIssues: Discussion/Direction/Action regardin~~ all pending bills before the Legislature (Steve Huffinan) EXECUTIVE SESSIONS Motion by Council Member Cl~u,rr~;rnt, second by Cnuitcil Member McGorray. Unanimously approved. E 1: Executive Session pursuant to A.R.S. §3S-X131.0 ~ (A)(~ 1. Council may ask fir discussion or consultation for legal advice with the Town Attorney concernin~~ any matter liste~'on this agenda. E 2: Executive Session pursuant to A.R.S. ~ 38-431.03(A)(3 J,(~) and (7), discussion or consultation for legal advice with the To~~n's attorneys and discussion and to consider its position and instruct the Town !tanager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County-'Pima Count~~ ~. Marana (consolidated), Maricopa ('ounty Superior Court No. C~'?(~08-UUll31, (2) pending legal issues, settlement discussions and eontlact ncgotiatior~s relating to the transition of Marana wastew atcr col Iectiun and treatment to the Town of Marana. E 3: Executive session pursuant toA.R.S. § ~8-4 ~ I .U3(A)(4), discussion or consultation with the Town's attorneys to consider its position and instruct its attorneys regardin<< a November I -1. ?00R claim filed by Cortaro-Marana Irrigation District. and Cortaro ~~'ater L!sers' ,lssociation. F; =4: Rxecutive session pursuant to A.R.S. § 38-431.03(A)(4) and (7) for discussion or consultation with the Town's attorneys and representatives regarding negotiations for the possible purchase of certain water infrastructure located within the town limits o I the Town of Marana and certain related water resources . Mr. Cassidy requested Eurthori~ation to proceed with further analysis as discussed in executive session. Motin~r bt~ Cuu~acil Member Comerford, second by Council Member Post . Passed unanimous~lt~. FUTURE AGENDA )STEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) Upon request of Council Member Clanagan, he would like staff to look into changing the study session for the January 20, 2009 meeting. Regular Council Meeting -January 20, 2009 -Page 52 of 81 ADJOURNMENT. Motion by Council Member Post, second by Council Member Comerford. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 6, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -January 20, 2009 -.Page 53 of 81 MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 20, 2007 PLACE AND DATE Council Chambers, Marana Municipal Complex, June 20, 2007 A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 6:00 p.m. COUNCIL Ed Honea Mayor Herb Kai Vice Mayor Russell Clanagan Council Member Patti Comerford Council Member Tim Escobedo Council Member Carol McGorray Council Member Roxanne Ziegler Council Memhrr STAFF Mike Reuwsaat Town Manager Gilbert Davidson Deputy Town Manager Jim DeGrood Assistant Town Manager Frank Cassidy Tov~~n Attorney Jocelyn Bronson Town (-' I c rk Present Pre~ent° Present Present Present. Present Present Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND IN~'UC'.a7 lO1V'i~IOi'YIENT OF SILENCE Led by Mayor Honea. C. APPROVAL OF AG h; ~ 1);1 Motim-:.1 ppru>>c~, ,1lorerl b-, Council Member Escobedo, Seconded by Council Member McGorrnv. IYlotiun carrier!, '-D. D. CALL "f O THE PUBL I C David Morales addressed Council on the issue of the Consent Agenda. Mr. Morales stated that no items ~m the Consent Agenda should cause a Council Member to have a conflict of interest. He went on to say that only items that deal with house keeping issues should be put on the Consent Agei~aa. GENERAL ORDER OF BUSINESS E. PRESENTATIONS 1. "Water 101": General legal and historical overview of water rights and resource considerations affecting the Town of Marana Regular Council Meeting -January 20, 2009 -Page 54 of 81 1 MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 20, 2007 Michael Reuwsaat gave an overview of topics that will be discussed during this presentation. The presentation will cover years of work since the incorporation of the Town and the Town being incorporated for water. Since that time there have been 30 years of relationships--contractual relationships, law, statutes, and practice that have affected water and its use and the Town's access to it. He also noted that the Town has a contractual relationship with a Federal Agency to provide us the renewable resource that we need through 2015. There are some options that Town staff wants to explore in order to provide some of that control so we can count on good planned growth within our community. Frank Cassidy addressed Council and explained "Water 1(11". In Arizona it is not possible to own water. You can only own the beneficial use of ~~ ater. Arizona water law is divided into two entirely separate areas of law. One bein~~ surface ~~ a-ter law and the other being ground water law. Surface water law states that the first parson to make beneficial use of the surface water has the highest priority rights to that water. another critical element of the surface water law is the water (subflow) doesn't have to be on the surface to be determined surface water under Arizona lain. When water is pumped from a well within the saturated floodplain Holocene alluvium it is ~ onsid~:rrd u> be surface water. Water rights are determined by la~~ suits referred to as "adjudications." The Little Colorado River Adjudication and the Gila River ,adjudication cover approximately two-thirds of the water rights in the state of Arizona. Groundwater law shows that Marana is in thr. TUrson Artie Management Area (TAMA). Within the TAMA all netiv subdivisions are required to show a 100-year assured water supply. Most satisfy this requirement by corvmrting to a water company that has an assured water supply ~i~:si~~n•~r.tion by the Arizona Department of Water Resources. A private developer ran connect ~~~ith a water co~ripany that doesn't have this distinction and buy the «~ater rights by cnterin~~ into a contract with the Central Arizona Ground Water Replenishment District. .1 ~~atrr company gets an assured water supply determination from the Department of ~~'ater Resources by showing that it has physically available water, .the legal right to that ~~ atcr. and tkair ability to replenish the water one-for-one, for all the water it is drawing out it ~~~ill recharge. Water companies hay e <~ couple of recharge options. There is a "managed" recharge project which credits JO% (to the owner) of the water that is recharged. Recovery wells can then pump the amount of water credits accumulated. Effluent percolation is reduced due to the schmutzdeck. This is a film that gets deposited by effluent on the channel invert. Another option is a "constructed" recharge project. This refers to constructed water percolation basins that are flooded at different times and permitted to dry out. The owner gets 100% credit for effluent and 95% credit for CAP water. In 1926 the Arizona State Supreme Court ruled on Pima Farms Co. v. Proctor. Proctor and Pima Farms Company were competing for Santa Cruz River surface water appropriators. The court ruling required Pima Farms Company to provide Proctor water for what it cost Proctor before Pima Farms' appropriation. The court ruling acknowledged the appropriative right of the Pima Farms Company to 29,100 acre-feet of subsurface water. In Regular Council Meeting -January 20, 2009 -Page 55 of 81 2 MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 20, 2007 1943 Pima Farms Company was given a certificate of surface water right to 29,100 acre- feet of surface water. This right is tied to specific identified lands and allows withdrawal from specified wells known as diversion points. In 1946 Cortaro Farms Company was issued a deed to the Cortaro Water Users Association (CWUA). This deed transferred "all subterranean percolating waters contained within, underlying and which can or may be produced from" the land within the surface water certificate served by CWUA. It also reserved 50-gallons per minute for domestic and other purposes, also known as the deed restriction. This refers to ~ 50-gallon per minute limitation on pumping if you're not acquiring water from' C~~!.lJA. Cortaro-Marana Irrigation Water District (CMID) now delivers to the landowners the surface water formally delivered by the Pima Farms Company; CWUA is the a~~nt for CMID. How does all of this affect Marana? In 1997 the Town of Marana and CMID entered into an Intergovernmental Agreement (IGA). This gives the Town access to CMID's historic surface water rights. But the surface water ri~?hts continue to be held by' GItiIID: The IGA also creates a trust. CMID is the trustee of the trust. It holds five CMID 'wells that were formally used for domestic production. CMID itself and not the trust own any irrigation wells. Any wells solely used for irrigation are owned solely by CMID with the Town having right of first of refusal t~~ 1~nrchase those wells. The trust holds all current and future Town wells that are within the d i strict bound~~ r i e s. The trust pays for trust well operations and maintenance costs but the. Tot~-n is responsible for operation and maintenance costs of everything other th~u~ the ~~ ells and anything directly associated equipment. The IGA also has various `water purchase provisions that require Marana to buy from CMID the- lust 2U,~00 acre-feet ~f eater that is used within the District and also gives both CMID and the Town the right t~~ provide non-potable, non-irrigation water service within the Ui~trict. There is also a provision covering deed restrictions. In 1979 the To«n of Marana and Pima County entered into an IGA. The agreement authorized Pima County to prcwi.dc, achuinister, and manage the sewer service within To~~~~n limits. The I~~A had a pro~isionfor termination upon six months' notice and upon termination all sewer larilitic; loc~~ted within the Town limits are to become owned by the Town. The exception to that is any flow-through facility or any facility relating to flow- throu~~h shall remain vested with Pima County. Aflow-through sewer is a sewer for transmi,siun of sewcra~e from the upstream property traversing the subject property (Town of Marana) to cc~~inect with downstream facilitates. The City of Tucson and Pima County entered into an IGA, also in 1979. This IGA transferred ownership of all Tucson sewer assets to Pima County. The IGA acknowledged Tucson's ownership of all water assets including all of effluent from Pima County's waste water treatment plants. The City of Tucson was given ownership and unilateral control of metropolitan waste water treatment plant effluent, with the exception of 10% that is to be used by Pima County Parks and Recreation. The IGA also authorized the City of Tucson to use any and all effluent from all Pima County wastewater treatment plants to settle the then pending litigation with the Indian tribes. The Southern Arizona Water Rights Settlement Act of 1982 settled the Indian water rights ligation with the City of Tucson. Regular Council Meeting -January 20, 2009 -Page 56 of 81 3 MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 20, 2007 The settlement made 28,200 acre-feet of effluent per year available to the tribes but does not identify which wastewater treatment plant this is to be taken from. In 2000 there was an amendment to the 1979 City of Tucson/Pima County IGA. The IGA set aside 10,000 acre-feet of effluent per year for conservation purposes (known as the conservation effluent pool). As with the Settlement Act of 1982, the IGA does not mention which wastewater treatment plant the 10,000 acre-feet would be taken from. The IGA states that. the City of Tucson relinquishes unilateral control of non-metropolitan waste- water treatment plant effluent and established a "water in/water out" concept. In 2000 the Town of Marana entered into an IGA with the City of Tucson. This IGA gives Tucson Water the right to serve customers east of Interstate I 0 that are within town limits. In turn the Town transfers to Tucson the water resourcr~ Wised to sere c. these customers. The Town acquired 47 acre-feet from CMID in a 1997 1GA. Fourteen hundred eighty-one acre-feet was acquired from the Flowing Wells Irrigation District but this is still pending approval from the Central Arizona Water Conservation District and final approval from the Secretary of the Interior. The Town has a member sen ice area agreement with the Central Arizona Water Conservation District (CA~~'CD>. The CAWCD charges members, based on usage, for recharging waiter. Water projects that affect the Town of Marano arc: the Santa Cruz Managed Recharge Project (effluent only), the High Plairis Constructai Recharge Project (effluent only), the Avra Valley Constructed Recharge Pr<~ j ec•t (C:1 I' only), and the Lower Santa Cruz Replenishment Project (C;1f only). The Santa Cruz Project recharged 18,591 acre-feet of effluent in 2005 ~~ ith ~0"~t, of that being credited back. The High Plains Project has a maximum restricti~~n of 600 acre-feet per year of recharged effluent. The Avra Valley Project recharges approximate 1 ~~ 10,000 acre-feet of CAP water. per year. The Lower Santa Cruz Project is permitted for 60.000 acre-feet per year of recharged CAP water. The outlook for the Town is a service area that would need about 30,000 acre-feet per year. The current demand, as of December 2006, is about 16,000 acre-feet. Mayor I ionea and ~~icc Mayor Kai thanked Frank Cassidy for great job on the presentation. The PowerPoint presentation is available for viewing at the Office of the Town Clerk. F. EXECUTIVE SESSION Motion: Adjourn to Executive Session, Moved by Council Member Escobedo, Seconded by Council Member Comerford. Motion carried, 7-0. Council left the dais at 7:03 P.M. Council returned to the dais at 8:22 P.M. Regular Council Meeting -January 20, 2009 -Page 57 of 81 4 MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 20, 2007 1. Executive Session pursuant to A.R.S. §38-431.03(A)(3), (4), (6) and (7) for legal advice with the Town Attorney concerning water rights issues and to consult with and instruct the Town Attorney and the Town Manager concerning (i) the Town's position regarding various pending contract and property acquisition negotiations with the goal of securing additional Town water resources, (ii) the 1979 intergovernmental agreement between the Town of Marana and Pima County relating to sewer service within the Marana town limits and to direct the Town Manager and Town Attorney with respect to that agreement, and (iii) Town legal issues arising out of the 1979 intergovernmental agreement between the City of Tucson and Pima County relating to wastewater management and effluent ownership. Frank Cassidy asked staff for a motion authorizing the To~~ n Ntanager and the Town Attorney to proceed with respect to sewer matters anti ~~~atc r acquisition ^~atters as discussed in Executive Session. Motion: Approved by Council Member Clanaga~~, Seroitded hip Council Meirzber Escobedo. Motion passed 7-0. G. ADJOURNMENT Motion: Adjourn, Moved by Council Member Escobedo, Seconded by Council Member McGorray. Motion carried, 7-0. CERTIFICATION I hereby certify that the forc~zuing arc the true and cu~rect minutes of the Marana Town Council meeting held on June 20.21)07. i fl,rther certify ghat a quorum was present. Jocelyn ~'. Bronson, To~~~n Clcrl: Regular Council Meeting -January 20, 2009 -Page 58 of 81 ~~~ ~~~;~ ~ ~. i.:awz~ kaRlvi 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 20, 2009, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Item A 1 Subject: Resolution No. 2009-0_.7_. Relating to real estate; vacating portions of Continental Links Drive and Norway Spruce Road public right-of--way; and conditionally authorizing the Town Engineer to execute a deed of abandonment Discussion: This item proposes to abandon in favor of the Pines II Homeowner's Association those portions of public road right-of--way that serve only the Pines II subdivision. In June 2006, the Pines Phase I subdivision plat was approved, showing Continental Links Drive as a public street ending just north of Douglas Fir Drive. In June 2007, the developer dedicated an extension of Continental Links Drive through Common Area B of the Pines Phase I subdivision to the Town of Marana as a public road. This public dedication was done to provide roadway access to the Pines Phase II subdivision. The Pines Phase II subdivision plat was approved in June 2007 and included the dedication of two small public rights-of--way at the entrances to the Pines II private roadway systemthe southerly access at Continental Links Drive and the northerly access at Norway Spruce Road's intersection with the Interstate 10 frontage road. The developer now prefers that all three of these public road segments be abandoned to the Pines II Homeowner's Association so that they can be owned and maintained as private subdivision streets, along with the remaining road system within the Pines Phase II subdivision. Since these roadway segments are for the benefit of and serve only the Pines Phase II subdivision roadway system, Town staff supports the abandonment of these three segments. Arizona abandonment statute A.R.S. § 28-7206 deals specifically with the type of situation presented here, and authorizes the Town to vacate and abandon public right-of--way to a homeowner's association which will assume the costs of maintaining and the liability for the roadways in question. ATTACHMENTS: Name: I)escriptic>n: Type ^ Reso Vacating Pines I and_II ROVJ t000126fl2j.iJOC Reso abandoning Pines I and 11 ROLN Resolution ^ 2328_OQ1pdf Exh A, At, B, E31: C & C9 to Reso and Deed Exhibit ^ Deed of Abandonment Pines._I_ II R4W (00412593j.DOC Exh D to Reso: Deed of Abandonment Exhibit Staff Recommendation: Staff recommends adoption of Resolution No. 2009-07. Suggested Motion: I move to adopt Resolution No. 2009-07. Regular Council Meeting -January 20, 2009 -Page 59 of 81 MARANA RESOLUTION N0.2009-07 RELATING TO REAL ESTATE; VACATING PORTIONS OF CONTINENTAL LINKS DRIVE AND NORWAY SPRUCE ROAD PUBLIC RIGHT-OF-WAY; AND CONDITIONALLY AUTHORIZING THE TOWN ENGINEER TO EXECUTE A DEED OF ABANDONMENT WHEREAS the Town of Marana is authorized under certain circumstances by A.R.S. § 28-7206 to vacate and abandon in favor of a Homeowners Association roadways located within a planned development; and WHEREAS the portions of Continental Links Drive and Norway Spruce Road located within the Pines Phase I and Phase II are more appropriately a part of the private roadway system serving the Pines Phase II Subdivision; and WHEREAS the Town Council finds that vacating these rights-of--way meet the conditions set forth in A.R.S. § 28-7206; and WHEREAS the Town Council of the Town of Marana determines that the small sections of the public rights-of--way vacated by this resolution have no public use and no market value, and the entity taking the rights-of--way agree to assume the costs of maintaining the roadway and the liability for the roadway; and WHEREAS the Town Council finds that this resolution is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby vacates and abandons the Continental Links Drive and Norway Spruce Road public rights-of--way described on Exhibits A, B and C and depicted on Exhibits A-1, B-I and C-1, all of which are attached to and incorporated in this resolution by this reference. SECTION 2. The Town Engineer is hereby authorized to execute the Deed of Abandonment in substantially the form attached as Exhibit D to this resolution, after and conditioned upon the Homeowners Association executing the acceptance block on the Deed of Abandonment, evidencing its acceptance of reservations in the Deed of Abandonment and- its assumption of the costs of maintaining, and the liability for, the abandoned area. Regular Council Meeting -January 20, 2009 -Page 60 of 81 _ I _ SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of January, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -January 20, 2009 -Page 61 of 81 _ 2 _ "'`~ `~~. January 79, 2007 PSOMAS #05082-01 C~ (~ ~. f ~ A LEGAL DESCRIPTION PUBLIC RIGHT OF WAY A portion of Common Area B of The Pines, Phase I, recorded in Book 81 of Maps and Plats at Page 48, records of Pima Coun#y, Arizona, described as follows: COMMENCING at the rrrost northerly comer of said Pines, Phase 1; THENCE upon the northeasterly line of said Pines, Phase l and Common Area B, S 43°17'56" E a distance of 30.93 feet to the POINT OF BEGINNING; THENCE continuing upon said northeasterly line, S 43°17'56" E a distance of 205.58 feet; THENCE upon the northwesterly line of Continen~il Links Drive of said Pines, Phase I, S 58°07'44" W a distance of 57.47 feet to a point on the arc of anon-tangent curve concave southwesterly, a radial line of.said curve through said point having a bearing of N 58°0T44" E; THENGE northwesterly upon the arc of said curve, to the left, having a radius of 370.00 feet and a central angle of 7°4T03" for an arc length of 50.27 feet to a point of reverse curvature of a tangent ourve concave northeasterly; - THENCE northwesterly, upon the arc of said~curve, to the right, having a radius of 280.00 feet and a central angle of 11°35'44" for an arc length of 56.67 feet to a point of reverse curvature of a tangent curve concave southwesterly; tHENCE northwesterly upon the arc of said curve, to the left, having a radius of l 40:00 feet and acentral angle of 33°33'26" far an arc length of 23.43- feet to a point of -~ reverse curvature of a tangent curve concave easterly; THENCE northwesterly and northerly upon the arc of said curve, to the. right, having a radius of 50.00 feet and a central angle of 97°34'34" for an arc length of 85.15 feet to a - : - point of reverse cuniatur+e of a tangent ~cirrve concave northwesterly; THENCE northeasterly upon the arc of said curve, to the left, having a radius of . 40.00 feet and a oenfral angle of 4°18.51" for an arc Iengfih of 3.0.1 feet fo_ the - POINT OF BEGINNING. - ~ ~..~--~.._ See atfached Exi~l~t T A-1 Prepared by: PSOMAS s v-pub acc~s~s.rtf - k- - ~ ~ . 2773 - ERMEST Ernest Gomez AZ. R.L.S. 27739 -1- - - s - ` Regular Council Meeting -January 20, 2009 -Page 62 of 8.1 FILE CQPY P.O.C. - MO~T NORTHERLY CORNER (?F THE PINES, PHA 1 /~ ~. CAB THE PINES, PHASE 1 BK. fit, M&P 'PG. 48 SCALE: 1 ° = 40~ CL)RtIE RADIUS AIiC LENGTH DEL. OLE - (~1 370.00' 80,2 .07'4 cz zeooo ~.:r ~ ~' . C4 50.00 .85.15 97'34'.f4 C•5 AO QQ 3.01' 'i 51 3 2 U G,j, Aj~yr~ s \ ~~qrr°~F ps aMAs 800E Wetmore Rood. Sutea tt0 . ~ ~~9 (s2o) 2sr~-23co (s2o) ~2-/2so ro,~ www•paomascare 05082-01 ~ ~ ~~ti .off ~~ 6'~rr~ ~~F l / ~~ ~~~ 1 ,~~, ,off, '~s O~ >z~ F~~, ; P~ G~ . o°J~ / .._ 74 EXHIBIT A-1 PUBLiC RIGHT-~-OF--W,~Y A portion of Common Area B of The Pines, Phase I. recorded in Book 61 of Maps and Piats at Page 48,, records of Pima County, Arizo.~a DATE: Jan. 07 • DRAWN BY: mr€ - . Regular Council Meeting -January 20, 2009 -Page 63 of 81 ~~ ~ '~ , App ~s, zoos Psomas # 05082..01 ~~~~ LEGAL DESCRlPTIC~N RELEASE OF PUBLIC RIGHT-OF WAY TO .PRIVATE STREET A portion of Continental Links Drive as recorded in The Pines Phase ll, Book f2 of Maps.and Plats at Page 85, records of Pima County, Arizona, described as follows: COMMENCING at the mos# northerly comer of The Pines Phase i, recorded in Book 61 of Maps and Plats at Page 48, ncords of said Pima County; THENCE upon the northeasterly line of said Pines Phase 1, S 43°17'56" E a distance of 30.92 feet to the POINT OF BEGINNING; THENCE continuing upon said trortheasterly line, S 43°17'56" E a distance of 219.86 feet to a point of cusp with a curve concave northeasterly, a radial line of said curare through said point having a bearing of S 55°59'29" W; THENCE northwesterly upon the arc of said curve, to the right, having a radius of 370.00 feet and a central angle of 2°08'15" fnr an arc length of 13.80 feet to a point of reverse curvature of a tangent curve concave southwesterly; THENCE northwesterly upon fhe arc of said curve, to the left, having a radius of 430.00 feet and a central angle of 7°47'03" for an arc lengtfi of 58.42 feet to a point of reverse curvature of a tangent curve concave northeasterly, THENCE northwesterly upon the. arc of said curve, to the right, having a radius of 220.00 feet and a central angle of 7°44'58" for an arc length of 29.76 feet to a point of a compound curvature of a tangent curve concave easterly, THENCE northerly upon the are of said curare, to the right, having a radius of 40.00 feet and a central angle of 47°14'01"for an arc length of 32.98 feet to a point of reverse curvature of a tangent curve concave westerly, . THENCE northwesterly upon the arc of said curve, to the left, having a radius of 5x.00 feet and a oentral angle of 69°33'18" for an arc length of 60.7{) feet tD a point of reverse curvature concave northeasterly, THENCE northwesterly upon the arc of said curve, to the right, having a radius of 40.00 feet and a central angle of 54°17'28" for an arc length of 37.90 feet to anon- tangent line; THENCE N 89°33'56" W a distance of 46.00 feet to a point on an arc of a non- tangent curve concave easteNy, a radial tine of said curve•through said point having a bearing of N 89°33'56" W; v-pub_rw.rtf Regular Council Meeting =January 20, 2009 -Page 64 of 81 _1_ FILE COPY aP~ 18, 2{)08 psomas # 05082-01 THENCE southerly upon the arc of said curve, to the left, Having a radius of 273.Oa feet and a central angle of ~"49'19" for an arc length of 18.2E fee# fo a point of reverse curvature of a tangenf curve concave westerl~r; THENCE sautfierly upon fire arc of said curve, to the right,. having a radius of 40.OQ feet and a centraf angle of 35°01'58" for an arc length of 24.46 feet to fire PC3fNT OF BEGINNING. v-pub_rw.rtf _ 2 _ Regular Council Meeting -January 20, 2009 -Page 65 of 81 Ifr~~1T -~ a#taetted hereto aad made a parE hereof. ._~ ~~ .~ CONTiNET1TAL LINKS DR SCALE: ~^ ~ 4b' THE PINES, PHASE ti COMMON AREA 'C' -PRIVATE STREET BK. 62 M&P PG. 85 BLOCK ~ 1 MARANA GOLF CONTINENTAL RANCH BK. 58, M&P PG. 15 9 ~~ i ~ c~5~a,~1 L~ C,ONTINENTA~L LINKS D 1 THE PINES, `P~NASE t BK. ... ~ .. . o ~~F~I~IT ~-1 - ~ BEL~,~,SE OF PUBLIC RIGHT--OF-UVAY p ~ ~ ~ A S A portion of Continents! -links drive as recorded in ~~ ~ ~, ~. „o ~ Ti1e Pines Phase ll, Book 62 of -Maps and Pfiats at coo) ~z-~ <g~~ ~-tz~ ~ Page 85, records of Pima County, Arizona +o..~ 08b82-Ot DA7E: April. b8 • ©RAV~V 8Y: mrf Regular Council Meeting -January 20, 2009 -Page 66 of 81 ~ ~UNE BEARING ~W51'ANC£ L1 S 417 56 `.f 3.0.92' yf 1 `~ April 28, 2008 Psomas # 05082-01 ~~~~ ~~ ~# LEGAL DESCRIPTION " . RELEASE OF PUBL[C RIGHT-OF-WAY TO PRNATE STREET Ail that port~n of Norway Spruce Road dedicated as Public Right-of-way of The Pines Phase N, recorded in Book 62 of Maps and Plats at Page $5, records of Pima County, Arizona, described as follows: COMMENCING at the northeast corner of said The Pines Phase il, lying at the northeaaterly~end of said Norway Spruce Road; THENCE upon the northeast line of said The Pines Phase Il; THENCE S 41°38`1S" E a distance of 0.88 feet to the POINT OF BEGINNING; THENCE continuing upon said northeast line, S 41°36'16" E a distance of 148,27 feet to a point of cusp with a curve concave soutfierly, a radial line of said curve through said point having a bearing of N 48°23'44" E; THENCE westerly upon the arc of said curve, to the left, having a radius of 25.40 feet and a central angle of 109°25'42" for an arc length of 47.75 feet to a point of tangency; THENCE S 28°58'05" W a distance of 41.Q1 float; THENCE N 61°01'58" W a distance of 51.59. tee# to a point of curvature of a tangent curve concave east®riy; THENCE northerly upon the arc of said curve, to the right, having a radius of 50.00 feet and a central angle of 122°31'45" for an arc length of 1.06.93 feet to a point of reverse curvature of a tangent curve concave westerly; THENCE northerly upon the arc of said curve, to the left, having a radius of 25.00 feet and'a.centrai angle of 103°06'43" for an arc length of 44.99 feet to the P41NT OF BEGINNING. ' ~~~ ~"'"f ;attach®d hereto and made a part hereof.' Prepared by: Psomas Emest Gomez, AZ. R.L.S. 27739 x-lg-~ro~r release.rtf Regular Council Meeting -January 20, 2009 -Page 67 of 81 -1- 7 ~~ ~ 1~RWF.BT ~~9 Fe~,~ roPv S t.-..+~ i``F LANE 6FARING DISTANCE L1 ~ S 41'36 16.E 0.88' CURVE ~~R~-b1US ARC LENGTH DELTA ANGLE C1 .25:00' 47.75' 109'25'39'• C2. 25.00' 44.99' 103'06'03" C3 50.00' ~ 106.93' 122'31'45" ?~~y9F .a~~ , // ' ~ SCALE: 1" 30' /~ ~Q ~~ Diji ~~~ Q~ ~,~ - - - - . __ PS t~ MAS aoo ic. IYefmae flab, sulfa 110 Tuawn, AZ ftfi7t9 (520) 252-2300 (920) 282-1290 fax . xwxpsomo~axn 05082-01 LEASE OF __PUBLIC RIGHT--O~'- ALL THAT PORTfON OF NORWAY SPRUCE ROAD DEDICATED AS PUBLIC RIGHT~OF-WAY OF THE PINES PNASE ii, RECORDED IN BOOK 62 OF MAPS AND PLATS AT PAGE 85, RECORDS OF PIMA COUNTY, ARIZONA DATE: April 08 • DRAWN BY: mrf P.O.C. NE CORNER THE PINES PH t! Regular Council Meeting -January 20, 2009 -Page 68 of 81 DEED OF ABANDONMENT (Exempt: A.R.S. § 11-1134 (A) (3)) The TOWN OF MARANA, an Arizona municipal corporation, hereby abandons pursuant to A.R.S. § 28-7206 and Town of Marana Resolution No. 2009- in favor of THE PINES, PHASE II HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation, the following described real property situated in Pima County, Arizona. SEE LEGAL DESCRIPTIONS AND DEPICTIONS ATTACHED TO THIS INSTRUMENT AS EXHIBITS A, A1, B, 61, C, AND C1 AND INCORPORATED HERE BY THIS REFERENCE RESERVING an easement pursuant to A.R.S. § 28-7210 for the following, if any, as they existed before this abandonment: (a) existing sewer, gas, water or similar pipelines and appurtenances, (b) canals, laterals or ditches and appurtenances and (c) electric, telephone and similar lines. and appurtenances. FURTHER RESERVING, pursuant to A.R.S. § 28-7215 (A), rights of ingress and egress for public or emergency vehicles, all property owners, property owner guests and. invitees and persons lawfully conducting business on the land over any portion of the abandoned property if and to the extent any land adjoining the abandoned roadway is left without a public or private legal access connecting the land with an established public roadway. DATED January _, 2009. The undersigned hereby accepts title to the property abandoned by this instrument subject to the reservations set forth in this instrument, and agrees, pursuant to A.R.S. § 28-7215(6), to assume the costs of maintaining and the liability for the roadways abandoned by this instrument. TOWN OF MARANA, ARIZONA Keith Brann, Town Engineer ATTEST: THE PINES, PHASE II HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: By: Its: Frank Cassidy, Town Attorney Regul~~l3A~~in~ -January 20, 2009 -Page 69 of 81 1/12/2009 11:45 AM FJC/kc STATE OF ARIZONA County of Pima ~ ss. This instrument was acknowledged before me on January , 2009, by Keith Brann, Town Engineer, on behalf of the Town of Marana. My commission expires: Notary Public STATE OF ARIZONA County of Pima ~ ss. The foregoing instrument was acknowledged before me on January 2009, by aS Of, THE PINES, PHASE 11 HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation, on behalf of the corporation. My commission expires: Notary Public Regul~lJl~~in~ -January 20, 2009 -Page 70 of 81 1/12/2009 11:45 AM FJC/kc .~'"~ ~~~ ~.~.~, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 20, 2009, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Item A 2 Subject: Resolution No_2009-08_Relating to Utilities; adopting a notice of intention to increase water rates; rate components, fees, and service charges, and setting a February 20, 2009 public hearing on the proposed adoption Discussion: Town staff recommends transitioning the Utilities Department into a true enterprise fund entity for accounting purposes before acquiring additional water and wastewater assets. To that end, Town staff has requested the economic consulting firm Economists.com to analyze the Town's water rates, rate components, fees and service charges to assure that they are adequate to fund the Utilities Department as a stand-alone enterprise. Based on the analysis prepared by Economists.com, Town staff is proposing to increase water rates by approximately 8% on March 23, 2009, and 4% on January 1, 2010. Arizona law (A.R.S. § 9-511.01) requires the Town Council to adopt a notice of intention to increase water rates, rate components, fees or service charges, and to set a date for a public hearing on the proposed adoption not less than 30 days after the notice of intention is adopted. Town staff recommends that the Council adopt this notice of intention and set a public hearing at a special meeting of the Town Council on Friday, February 20, 2009, at 5:00 p.m. on the adoption of the increase rates and fees,"to ensure that they go into effect before the summer water consumption increase occurs. By holding a February 20 public hearing on the rates, the rate increases can be effective on Monday, March 23. If the Council chooses to hold the public hearing on the water rate increase on a Tuesday, the earliest for the public hearing would be Tuesday, February 24, in which case the rate (assuming adoption on that date) would be effective on March 26. Alternatively, if the Council chooses to hold the public hearing on a regularly scheduled Tuesday Council meeting, the first available regular Council meeting would. be on Tuesday, March 3, and the increase water rates (if adopted at that meeting) would be effective on April 2, 2009. Financial Impact: This item will transition the Town's water rates in a way that gives the Town's water utility the funding necessary to operate as a true enterprise for budgeting purposes. ATTACHMENTS: ltiame: Description: 'Type: ^ Notice of intenfion re water rate increase (130(712&24).DOC Peso: Nonce of intention to increase kvater rates Pesoi+tion Staff Recommendation: Staff recommends adoption of Resolution No. 2009-08, adopting a notice of intention to increase water rates, rate components, fees and service charges, and setting a February 20, 2009 public hearing on them. Suggested Motion: I move to adopt Resolution No. 2009-08. Regular Council Meeting -January 20, 2009 -Page 71 of 81 MARANA RESOLUTION N0.2009-08 RELATING TO UTILITIES; ADOPTING A NOTICE OF INTENTION TO INCREASE WATER RATES, RATE COMPONENTS, FEES, AND SERVICE CHARGES, AND SETTING A FEBRUARY 20, 2009 PUBLIC HEARING ON THE PROPOSED ADOPTION WHEREAS A.R.S. § 9-511.01 requires the Town Council to adopt a notice of intention to increase water rates, rate components, fees or service charges and to release to the public a written report containing certain required information about the rates, rate components, fees and service charges; and WHEREAS the notice of intention is the first step in increasing the rates, rate components, fees and service charges; and WHEREAS the statutorily required report is on file in the office of the Town Clerk, the substance of which was presented to the Town Council in a public presentation on January 20, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that a notice of intention to increase water rates, rate components, fees and service charges is hereby adopted, and a public hearing on the proposed increase is hereby set for a special Town Council meeting on Friday, February 20, 2009, at 5:00 p.m. in the Council chambers on the first floor of the Administration building, Marana Municipal Complex, 11555 West Civic Center Drive, Marana, Arizona 85653. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or, beneficial to carry out the terms and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of January 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul~~~u~i~I$~tir~ -January 20, 2009 -Page 72 of 81 1/13/2009 8:09 AM FJC/kc ~~ ~~~~ ~ ~ ,E. ~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 20, 2009, 7:00:00 PM To: Mayor and Council From: Steve Huffman Item D 1 Subject: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session. of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: ^ Bulletin-~l.~ar ~ YC?l!_R___VO1CE AT TN_E_ CAPITOL 2Q09.pdf Staff Recommendation: Description: Bulletin-Issues 1 Your Voice at the Capitol - ZOt39 State Legislators Type: Backup Material Backup Material Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -January 20, 2009 -Page 73 of 81 IN THIS ISSUE From The Executive Director . 1 Legislative Know-How .......... 2 GPLET Update ....................... 2 Schedule A Legislative Day! .. 3 Your Voice .............................. 3 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forwazd your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague.org Internet: www.azleague.org If you would like the Bulletin E-Mailed to you please a-mail your request to csmith-humhrey@azleague.org. Bulletin -Issue 1-January 9, 2009 FROM THE EXECUTIVE DIRECTOR The 2009 Session of-the Arizona Legislature will be one of the most challenging in the history of the state. Besides facing a budget shortfall of more than a billion dollars, there will be a new Governor, a new Senate President, a new Speaker of the House, and 20 first-time legislators. This will truly be a session unlike any other. This situation, along with the severe budget shortfalls being experienced by cities and towns across the state, will require each of us to be more attentive, more engaged and more active in the legislative process. The story of legislative success begins at home, at the local level. Tt is important that each Mayor and Council Member be acquainted with the members of your legislative delegation so that it will be natural for you to share information back and forth as the session progresses. In 2009, the League's legislative team will be reviewing each bill introduced (likely in the neighborhood of 1,400 different bills) for their impact on cities and towns. We will track all the bills that affect us and will keep you regularly informed of their progress via the weekly Legislative Bulletin which is published on Friday afternoons and through other special alerts as necessary. We have a great story to tell at the state legislature. Arizona's cities and towns are on the cutting edge of economic development and financial recovery. We need to .be consistent in reminding our legislators that a strong economy begins at the grassroots level, in cities and towns across the state. We look forward to working together with you, with our new Governor, legislative leadership and all members to help develop policies that will benefit all the people of the state, and help us emerge from the current economic situation stronger and better than ever. Ken Strobeck Regular Council Meeting -January 20, 2009 -Page 74 of 81 January 9, 2009 LEGISLATIVE KNOW-HOW At the start of the session, we thought it would be helpful to provide you with some tips on how to have influence down at the capitol. Before, during and after the session: ^ Build a relationship with your legislative delegation. Invite them to municipal events. Get to know them. It's far easier to get their ear when they know who you are. ^ You share a constituency. What's good for your citizens is good for their district. Remind them of this often. ^ Email is good, phone calls are better, but face time is the best. When lobbying: ^ Keep it simple and be brief. Be specific; know the facts and the impact of the legislation on your community. ^ Legislators rely on others all the time for information -you are the expert on your city or town. If you don't have an answer to their question, say so, tell them you will find out and get back to them, and make sure you do. Ask for their vote, and even if it's uncomfortable don't go away without their answer. ^ Always thank them for their time. When testifying: ^ Be prepared, come early, and be sure you are registered on the Request to Speak system (the League can help with this). ^ Always direct your comments through the chair and then to the members of the committee. Thank the chair and the committee for allowing you the opportunity to address them. We at the League are always here to help. Let us know if you need anything at all. Your Legislative Team: League Office (602) 258-5786 Phone (602)253-3874 Fax Jeff Kros -Legislative Director jkros(a,azlea u~g Regular Council Meeting -January 20, 2009 -Page 75 of 81 Cheyenne Walsh -Legislative Associate cwalsh(7a,azleague. o~g Dale Wiebusch -Legislative Associate dwiebusch(a~azlea ug e.org Blake Holub -Legislative Intern bholubna,azlea ug e•ora GPLET UPDATE League staff has been working with key stakeholders and legislators on the effort to reform the Government Property Lease Excise Tax (GPLET). Last year we were able to stop a measure that would have unduly restricted cities' ability to use GPLET. This year we have been asked by Senators Ken Cheuvront (D- Phoenix) and John Nelson (R-Glendale) to come up with reform measures that all interested parties can agree with. Although some philosophical differences remain, at least the discussion has been inclusive. More to come as this develops. SCHEDULE A LEGISLATIVE DAY! If your city or town would like to meet with your legislators in a comfortable, small group setting, please contact Cheyenne at the League about scheduling a Legislative Day. This is a great opportunity to discuss. issues unique to your community with your delegation over lunch. The League will host the meeting and provide lunch, and is also available to assist in contacting your legislators, provide session updates and other information to make your meeting more productive. YOUR VOICE With this edition of the Bulletin you will also get the attachment Your Voice at the Capitol, our compilation of senators and representatives and their contact information. Please use this document so that your voice can be heard. January 9, 2009 YOUR VOICE AT THE CAPITOL 2009 STATE LEGISLATORS At the beginning of the Legislative session each year the League compiles current contact information for each of Arizona's 30 State Senators and 60 State Representatives in order to facilitate lobbying efforts for cities and towns. The list includes the following: • the name of each Senator and Representative and the district and the cities and towns they represent • the Capitol address and toll-free number (listed below) • legislators' home addresses or alternate mailing addresses • legislators' office phone numbers • legislators' a-mail addresses A useful tool for accessing legislative information is the Legislature's web site. The address is www.azleq.gov or simply follow the link from the League's web site at www.azleaque.orq. Using the links provided on the web page you can retrieve brief biographies of legislators and what committees they serve on, access complete texts of introduced legislation and obtain the status of any bill. Summaries of each bill can also be found on this site once the bill has been assigned to committee. The League offices are always available for your use during the legislative session. The League facilities provide a convenient place for meeting with State Legislators, particularly for local officials outside the metropolitan Phoenix area. We hope the list will be helpful to you in contacting your legislators on all issues of major municipal concern. Please feel free to contact the League staff should you have any questions regarding legislation or contacting your legislators. If you wish to reach a legislator by mail at the Capitol, simply address the correspondence to: The Honorable Senator's Name State Senator 1700 West Washington Street -Senate Phoenix, Arizona 85007 The Honorable Representative's Name State Representative 1700 West Washington Street -House Phoenix, Arizona 85007 Toll-free number: 1-800-352-8404 Regular Council Meeting -January 20, 2009 -Page 76 of 81 SENATOR REPRESENTATIVES CITIESITOWNS District 1 Steve Pierce Lucy Mason Andy Tobin Camp Verde 14000 N 7V Ranch Road 13 N. Woodridge Cir., 1700 West Washington, STE H. Chino Valley Prescott AZ 85305 Prescott, AZ 86303 Phoenix, AZ 85007-2844 Clarkdale (602)926-5584 (602)926-5874 (602)926-5172 Cottonwood s io erce azle . ov Imason anazleg.gov atobin(cilazleq.g_ov Jerome Prescott Prescott Valley Sedona Williams District 2 Albert Hale Tom Chabin Christopher Deschene Flagstaff PO Box 4440 5520 E. LaTrobe PO Box 4247, Window Rock, Window Rock, AZ 86515 Flagstaff, AZ 86004 Arizona 86515 (602) 926-4323 (602) 926-5160 (602) 926-5862 ahale .azleg.gov tchabin@azlep.gov cdeschene azleg.gov District 3 Ron Gould Doris Goodale Nancy G. McLain Bullhead City 3971 Albacon: Dr. 2835 Wallapai Av. 1706 E. Marble Canyon Colorado City Lake Havasu City, AZ 86406 Kingman AZ 86401 Bullhead City, AZ 86442 Fredonia (602) 926-4138 (602) 926-5408 (602) 926-5051 Kingman rgould(a~azleg.gov dgoodale .azleq.gov nmclain@azleg.gov Lake Havasu City Page Parker Quartzsite District 4 Jack Harper Tom Boone Judy M. Burges Buckeye 15962 W. Desert Vista Trail 7288 W. Cielo Grande PO Box 123 Dewey-Humboldt Surprise, AZ 85387 Glendale, AZ 85383 Skull Valley, AZ 86338 Glendale (602) 926-4178 (602) 926-3297 (602) 926-5861 Peoria 'ha~e_r azle . ov tboone azleg.gov jburges@azleg~gov Phoenix a Surprise Wickenburg District 5 Sylvia Allen Jack Brown William Konopnicki Clifton PO Box 952 PO Box 220 1491 Thatcher Blvd. Duncan Snowflake AZ 85937 St. Johns, AZ 85936 Safford, AZ 85546 Eagar (602) 926-5219 (602) 926-4129 (602) 926-5409 Globe sallen@azleg.c.„Lov j_brownna.azleg gov bkono~pnicki(a)azleggov Holbrook Miami Payson Pima Pinetop-Lakeside Safford St. Johns Show Low Snowfake Springenrille Star Valley Taylor Thatcher Winslow Regular Council Meeting -January 20, 2009 -Page 77 of 81 SENATOR District 6 Pamela Gorman 3658 W. Thalia Court Anthem, AZ 85086 (602) 926-5284 pgormana~azleggov REPRESENTATIVES Sam Crump 1700 W. Washington, H-117 Phoenix, AZ 85007 (602) 926-3014 scrump(cilazleg.gov Carl Seel 13236 N 7th St Ste 4305 Phoenix AZ 85022 (602)926-3018 cseel azleg.gov CITIESITOWNS District 7 Jim Waring 4366 E. Campo Bello Phoenix, AZ 85032 (602) 926-4916 iwaring(a.azleg.gov District 8 Carolyn S. Allen 7499 E. Timberlane Court Scottsdale, AZ 85258 (602) 926-4480 callen~a,azleg.gov District 9 Robert Bums 8751 W. Kathleen Rd. Peoria, AZ 85382 (602) 926-5993 rburnsna.azleq_gov District 10 Linda Gray 4535 W. Columbine Glendale, AZ 85304 (602) 926-3376 Igrav anazleg.gov District 11 Barbara Leff 8641 N. 55'"Place Paradise Valley, AZ 85253 (602) 926-4486 bleffna.azleg.gov District 12 John Nelson 5433 N.106th Ave. Glendale, AZ 85307 (602)926-5872 jnelson(cilazleg.gov Ray Bames 4420 E. Michelle Dr. Phoenix, AZ 85032 (602)926-5503 rbarnes anazleg.gov Michele Reagan 7754 Lakeview Court Scottsdale, AZ 85258 (602) 926-5828 mreagan@azleg.gov Rick Murphy PO Box 6793 Glendale, AZ 85312 (602)926-3255 rmurphy azleq.gov Doug Quelland 3746 W Monte Cristo Ave. Phoenix, AZ 85053 (602) 926-3024 dguel landna.azleg.gov Adam Driggs 4231 E. Clarendon Phoenix, AZ 85018 (602}926-3016 adri s .azleg.gov Steve Montenegro 13313 W Rovey Ave Litchfield Park AZ 85340 (602)926-5955 smontenegro~a azlec,~gov Phoenix Nancy Barto Carefree 3631 E. Rockwood D Cave Creek Phoenix, AZ 85050 Phoenix (602) 926-5766 Scottsdale nbartona.azleg.aov John Kavanagh 16038 Seminole Lane Fountain Hills, AZ 85268 (602)926-5170 jkavanagh(a)azleggov Fountain Hills Scottsdale Debbie Lesko P.O. Box 6693 Glendale, Arizona 85312 (602)926-5413 dlesko@azleg.gov James Weiers 16022 N. 37"' Avenue Phoenix, AZ 85053 (602)926-4173 Iweiers anazleg.gov Eric Meyer 7765 N Foothill Drive, South Paradise Valley, AZ 85253 (602) 926-3037 emeyer~a azleq.gov Jerry Weiers 1700 W. Washington, STE H Phoenix, AZ 85007 (602)926-5894 weiers azleggov Glendale Peoria Surprise Youngtown Glendale Phoenix Paradise Valley Phoenix Avondale Buckeye EI Mirage Glendale Goodyear Litchfield Park Phoenix Surprise Regular Council Meeting -January 20, 2009 -Page 78 of 81 SENATOR REPRESENTATIVES CITIESITOWNS District 13 Richard Miranda Steve Gallardo Martha Garcia Avondale 2626 S. 85th Ave. 3636 N. 81st Ave. 1700 W. Washington, STE H-126 Glendale Tolleson, AZ 85353 Phoenix, AZ 85033 Phoenix, AZ 85007 Phoenix (602) 469-5911 (602) 926-3392 (602) 926-5830 Tolleson rmiranda@azlep.gov sgallardo(a.azleg.gov mgarcia(a.azleg.gov District 14 Debbie McCune-Davis Chad Campbell Robert Meza Glendale 2634 N. 20'h Ave 1333 N. 24"' Street #362 2624 N. 22^d Avenue Phoenix Phoenix, AZ 85009 Phoenix, AZ 85008 Phoenix, AZ 85009 (602) 926-4485 (602) 926-3026 (602) 926-3425 dmccunedavis a~azleq;gov chcamabell .azleg.gov rmezana,azleg,,gov District 15 Ken Cheuvront David Lujan Kyrsten Sinema Phoenix 3312 N. 11th Ave #A 1700 W. Washington 335 W. Windsor Drive Phoenix, AZ 85013 Phoenix, AZ 85007 Phoenix, AZ 85003 (602) 926-5325 (602) 926-5829 (602) 926-5058 kcheuvront(")a azleg gov dlu'an azle .gov ksinema(alazle gov District 16 Leah Taylor Landrum Cloves Campbell, Jr. Ben R. Miranda Guadalupe 6814 S 40th Ln 1709 E. Beverly 21 E. Saint Charles Ave. Phoenix Phoenix, AZ 85041 Phoenix, AZ 85042 Phoenix, AZ 85040 (602) 926-3830 (602) 926-3042 (602) 926-4893 Ilandrumtaylor azleg.gov clcamobellCcilazleg.gov bmirandaCr~azleg.gov District 17 Meg Burton Cahill Edward Ableser David Schapira Scottsdale 1531 E. Cedar St. PO Box 27871 3633 S Hazelton Ln Tempe Tempe, AZ 85281 Tempe, AZ 85285 Tempe, AZ 85281 (602) 926-4124 (602) 926-4118 (602) 926-3028 mburtoncahill@azleg.gov eableserna.azleg.gov dschapira anazleg.gov District 18 Russell Pearce Cecil Ash Steve Court Mesa PO BOX 31987 1733 East Gable Ave. 1550 N Stapley Dr Unit 12 Mesa, AZ 85275 Mesa, AZ 85204 Mesa AZ 85203 (602) 926-5760 (602) 926-3160 (602) 926-4467 raearce@azleg.gov cash azleg.gov scourt(c~azleg.gov District 19 Chuck Gray Kirk, Adams Rich Crandall Apache Junction 7461 E. Ivyglen Street 3851 E. Main PO Box 31990 Mesa Mesa, AZ 85207 Mesa, AZ 85205 Mesa, AZ 85275 (602) 926-5288 (602) 926-5495 (602) 926-3020 Y@azleague _gov kadams(a~azleg.gov rcrandall[7a azleg.gov Regular Council Meeting -January 20, 2009 -Page 79 of 81 SENATOR REPRESENTATIVES CITIESITOWNS District 20 John Huppenthal John McComish Rae Waters Chandler 8 Bullmoose Circle 4463 E. Desert View 4401 E. Sacaton Street Phoenix Chandler, AZ 85224 Phoenix, AZ 85044 Phoenix AZ 85044 Tempe (602) 926-5261 (602) 926-5898 (602) 926-5549 jhuaaenthal(cDazleg~ov jmccomish anazleg.gov rwalters anazleg.gov District 21 Jay Tibshraeny Warde Nichols Steven B. Yarbrough Chandler 2158 E. Teakwood Place 16018 E. Twin Acres Drive 1086 W. Armstrong Way Mesa Chandler, AZ 85249 Gilbert, AZ 85297 Chandler, AZ 85248 Queen Creek (602) 926-4481 (602) 926-5168 (602) 926-5863 'tibsL___hra_en~ a azle . ov wnichols@azleg.gov s ~arbrou h ~ azle . ov District 22 Thayer Verschoor Andy Biggs Laurin Hendrix Apache. Junction 1326 E. Encinas 15926 E. Elliot Road 421 East Elgin Street Gilbert Gilbert, AZ 85234 Gilbert, AZ 85234 Gilbert AZ 85295 Mesa (602) 926-4136 (602) 926-4371 (602) 926-5735 tverschoora~.azleg.gov abiggs~azleq,gov Ihendrix(7a.azleg.gov District 23 Rebecca Rios Barbara McGuire Frank Pratt Apache Junction PO Box 11 PO Box 613 112 E Cottonwood Lane Avondale Apache Junction, AZ 85219 Kearny, AZ 85237 Casa Grande AZ 85222 Casa Grande (602) 926-5685 (602) 926-3012 (602) 926-5761 Coolidge rrios anazleq.gov bmcguire azleg.gov fpratt@azleq:gov Eloy Florence Hayden Keamy Mammoth Maricopa Phoenix Queen Creek Superior Winkelman District 24 Amanda Aguirre Lynne Pancrazi Russ Jones Parker 4601 W La Quinta Loop 3748 W. 18th Place 3275 South Morgan Way San Luis Yuma, AZ 85364 Yuma, AZ 85364 Yuma AZ 85365 Somerton (602) 926-4139 (602) 926-3004 (602) 926-3002 Wellton aaguirre anazleg.gov loancrazi(a.azleq.gov rionesna.azleg.gov Yuma District 25 Manuel V. "Manny" Alvarez Patricia Fleming David Stevens Benson 4128 W. Jefferson Road 3321 E OjibwaSt. 4145 S Comanche Dr Bisbee Elfrida, AZ 85610 Sierra Vlista AZ 85650 Sierra Vista AZ 85650 Buckeye (602) 926-5895 (602) 926-5836 (602) 926-4321 Douglas malvarez aC~.azleg.gov pfleming@azleggov dstevensCa.azleg.gov Gila Bend Huachuca City Marana Nogales Sierra Vista Tombstone Willcox Regular Council Meeting -January 20, 2009 -Page 80 of 81 SENATOR REPRESENTATIVES CITIESITOWNS District 26 AI Melvin Vic Williams Nancy Young Wright Marana 38665 S Sand Crest Dr 2749 W Placita Mesa Alta 1700 W. Washington H-329 Oro Valley Tucson AZ 85739 Tucson, AZ 85742 Phoenix, AZ Tucson (602) 926-4326 (602) 926-5839 (602) 926-3398 amelvin anazleg.gov vwilliams@azlea.aov nvounpwrightna.azleg.gov District 27 Jorge Luis Garcia Olivia Cajero Bedford Phil Lopes Tucson 3145 W. Morgan Drive 820 N. Via Roma 1421 N. Camino De Juan Tucson, AZ 85745 Tucson, AZ 85745 Tucson, AZ 85745 (602) 926-4171 (602) 926-5835 (602) 926-3278 jgarcia(~azleq;gov ocaierobedford a(~.azleg.gov to es azle . ov District 28 Paula Aboud David T. Bradley Steve Farley Tucson 1341 E Greenlee Rd 5909 E. Third Street 2532 E. Helen St. Tucson, AZ 85719 Tucson, AZ 85711 Tucson, AZ 85716 (602) 926-5262 (602) 926-3300 (602) 926-3022 paboud(a~azleggov dbradl~(cilazleggov sfarley(a~a~ zlep.gov District 29 Linda Lopez Matt Heinz Daniel Patterson South Tucson 1506 E. Melridge Street 717 S 2nd Ave. PO Box 172 Tucson Tucson, AZ 85706 Tucson, AZ 85701 Tucson AZ 85702 (602) 926-4089 (602) 926-3424 (602) 926-5342 Ilopez azleg.gov mheinz azlep.gov dpatterson@azleq_gov District 30 Jonathan Paton Frank Antenori David Gowan Patagonia 9432E 5th St. 11001 E Roger Rd 2027 Santa Teresa Dr Sahuarita Tucson, AZ 85710 Tucson AZ 85749 Sierra Vista AZ 85635 Sierra Vista (602) 926-3235 (602) 926-5683 (602) 926-3312 Tucson ipaton .azleg.gov fantenori(a)azleg.gov dgowan(cilazleg.gov Regular Council Meeting -January 20, 2009 -Page 81 of 81