HomeMy WebLinkAbout02/24/2009 Special Council Meeting Agenda PacketSPECIAL COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, February 24, 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 others,~lease 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.
Special Council Meeting -February 24, 2009 -Page 1 of 30
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online
at www.m;arana.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, February 23, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana
Operations Center and at www n~aranacom 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 1: Presentation: Relating to Engineering; Presentation on status of Tres Rios del Norte
and authorizing staff to continue coordination with the United States Army .Corps of
Engineering, the City of Tucson, and Pima County Regional Flood Control District on the
Tres Rios del Norte ecosystem restoration study (Jennifer Christelman)
P 2: Presentation: Relating to Economic Development; Presentation on the proposed
process and community involvement for the Marana Economic Roadmap strategic plan
(Gilbert Davidson)
ANNOUNCEMENTS/UPDATES
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS
TOWN REPORTS
GENERAL ORDER OF BUSINESS
CONSENT AGENDA
Special Council Meeting -February 24, 2009 -Page 2 of 30
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.
COUNCIL ACTION
A 1: PUBLIC HEARING: Ordinance No. 2009.03: Relating to Utilities; amending
section 14-7-1 of the Town Code by revising the water base fees and consumption rates;
and providing for an effective date (Barbara Johnson)
A 2: Resolution No. 2009-23: Relating to Transportation; approving and authorizing the
Mayor to execute an agreement with Union Pacific Railroad Company concerning double-
tracking through the Town (Keith Brann)
BOARDS, COMMISSIONS AND COMMITTEES
ITEMS FOR DISCUSSION/POSSIBLE ACTION
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 possible acquisition of certain
water infrastructure and accounts and water rights and/or resources
E 3: 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
FUTURE AGENDA ITEMS
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)
ADJOURNMENT
Special Council Meeting -February 24, 2009 -Page 3 of 30
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, February 24, 2009, 7:00:00 PM
To: Mayor and Council
From: Jennifer Christelman ,Environmental Engineering Division Manager
Item P 1
Subject: Presentation: Relating to Engineering; Presentation on status of Tres Rios del Norte and
authorizing staff to continue coordination with the United States Army Corps of Engineering,
the City of Tucson, and Pima County Regional Flood Control District on the Tres Rios del
Norte ecosystem restoration study
Discussion:
Staff will be giving a presentation on the status of the Tres Rios del Norte project, proposed alternatives,
and the Corps of Engineers recommended plan.
Tres Rios. del Norte feasibility study is amulti-purpose concept designed to enhance an 18-mile stretch
of the Santa Cruz River Channel extending from Roger Road to Sanders Road. Project goals for the Tres
Rios Feasibility Study include flood control, groundwater recharge, restoration of riparian habitat, and
enhancement of recreational and cultural resources.
This project is a cooperative effort between the Town of Marana, City of Tucson, and Pima County
Flood Control District (local sponsors). The Town of Marana's participation as a local sponsor for this
study will have significant impact on their ability to manage the Santa Cruz River study area. Being a
sponsor of this study allows the Town of Marana to be eligible for future funding as well as allows the
Town full access to reports developed by this study. Council approved resolution 2001-109 authorized
the Town to be a participating sponsor of the Tres Rio del Norte Feasibility Study in cooperation with
the Army Corps of Engineers and other local sponsors.
Due to project delays including funding issues, this study has been delayed several times. The Corps of
Engineers has presented alternatives to the local sponsors and has recommended an alternative that
includes low water use and a high level of effort (C-High). Completing the study does not commit the
Town to completing engineering design or starting construction projects.
Financial Impact:
No financial impact to the Town to finish the-study beyond staff time.
ATTACHMENTS:
Natne: Description.: Type:
D Presentation to Council -
022409.ppt Presentation Presentation
^ Supple.mental Handout-
alternatives.doc Handout Backup Material
Staff Recommendation:
Special Council Meeting -February 24, 2009 -Page 4 of 30
It is recommended that the Mayor and Council authorize staff to continue participating as a sponsor of
the Tres Rios del Norte Feasibility Study in cooperation with the Army Corps of Engineers and other
local sponsors to completed the study with the recommended C-High Plan.
Suggested Motion:
I move that Mayor and Council authorize staff to continue participating as a sponsor of the Tres Rios del
Norte Feasibility Study in cooperation with the Army Corps of Engineers and other local sponsors to
complete the study with C-High as the recommended plan.
Special Council Meeting -February 24, 2009 -Page 5 of 30
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Tres Rios del Norte
Plan Alternative Legend
Plan Abbreviation Explanation
Plan A Hi h PAH Hi h water use, Hi h level of effort
Plan A Medium PAM Hi h water use, Medium level of effort
Plan A Low PAL High water use, Low level of effort
Plan B Hi h PBH Medium water use, Hi h level of effort
Plan B Medium PBM Medium water use, Medium level of effort
Plan B Low PBL Medium water use, Low level of effort
Plan C Hi h PCH Low water use, Hi h level of effort
Plan C Medium PCM Low water use, Medium level of effort
Plan C Low PCL Low water use, Low level of effort
Plan D PD Stormwater Onl
Status Quo SQ Maintain Existin in-channel flow
Level of effort varies based on the following elements:
• Number of grade control structures
• Plant sizes
• Intensity of operation and maintenance
• Water distribution systems
• Stormwater harvesting
• Site preparation
Water use based on:
• Plant establishment
• Consumptive use
Special Council Meeting -February 24, 2009 -Page 17 of 30
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, February 24, 2009, 7:00:00 PM
To: Mayor and Council
From: Gilbert Davidson ,Town Manager
Item P 2
Subject: Presentation: Relating to Economic Development; Presentation on the proposed process and
community involvement for the Marana Economic Roadmap strategic plan
Discussion:
Completion of the Marana Economic is the lead action step under the "Commerce" focus area of the
recently adopted Town of Marana Strategic Plan. The Roadmap is a strategic planning process which
builds on the "Commerce" focus area and involves community stakeholders from a variety of industries
in helping to determine Marana's economic development future.
Staff will present an update on the proposed process for the Marana Economic Roadmap, including
projected timeframes, participants, goals, and objectives.
ATTACHMENTS:
Name: Description.: Type:
No Attachments Available
Staff Recommendation:
Suggested Motion:
Special Council Meeting -February 24, 2009 -Page 18 of 30
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, February 24, 2009, 7:00:00 PM
To: Mayor and Council
From: Barbara Johnson ,Public Services Manager
Item A 1
Subject: PUBLIC HEARING: Ordinance No. 2009.03: Relating to Utilities; amending section 14-
7-1 of the Town Code by revising the water base fees and consumption rates; and providing
for an effective date
Discussion:
This is a public hearing on the proposed overall 8% water base fee and consumption rate increase, which
was presented at the January 20 Council meeting. This public hearing was set based on the notice of
intention to increase water rates and fees adopted on January 20th and revised on February 3rd (the
revision moved the public hearing date from February 20th to February 24th). Published notice has been
provided as required by Arizona law (A.R.S. § 9-511.01), and courtesy notice has been provided to
Marano Water customers.
If adopted, the proposed ordinance would increase all water base fees and consumption rates as set forth
in Town Code Section 14-7-1 by 8%, effective on March 27th.
Financial Impact:
Adoption of the proposed ordinance will help the Town's water utility to move toward operating as a
true enterprise fund.
ATTACHMENTS:
Natne:
~ Water Rates Revision
O...rd_ n o n ce._(0 0013..2.52 ~ D O C
Staff Recommendation:
Description.:
Water rates revision ordinance
Staff recommends adoption of Ordinance No. 2009.03.
Type:
Ordinance
Commission Recommendation - if applicable:
The Utilities Commission recommends adoption of an 8% base fee and consumption rate increase.
Suggested Motion:
I move to adopt Ordinance No. 2009.03.
Special Council Meeting -February 24, 2009 -Page 19 of 30
MARANA ORDINANCE N0.2009.03
RELATING TO UTILITIES; AMENDING SECTION 14-7-1 OF THE TOWN CODE BY
REVISING THE WATER BASE FEES AND CONSUMPTION RATES; AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the revision of the water base fees and consumption rates is necessary for a
self-sustaining water utility and is in the best interests of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The Town Code of the Town of Marana is hereby amended by revising
Section 14-7-1 as follows (with additions shown by double underlining and deletions shown by
st~il~gk):
Section 14-7-1 Monthly charges
A. Charges for water utility service shall be made at monthly intervals and shall,
to the extent consistent with the express policy to charge for water in direct
proportion to the cost of securing, developing and delivering water to the cus-
tomers of the town water system, recover all capital, operational and mainte-
nance costs associated with or attributable to providing water service through
the town water system. Water charges will be computed through the summa-
tion of a monthly base water service fee plus a monthly water use charge,
plus any applicable state or local sales taxes.
B. The monthly base water service fee shall be based upon the meter size, and
shall be as follows:
Meter Size Monthl Base Fee
5/» x 3/<<» meter $15.124:-88
1" meter fire* $~12~4:-88
1" meter $~~~4:-Ag
1'/" meter $39.9688
2" meter $46.444~A8
3" meter $62.64a~A8
4" meter $110.16~A~:S9
5" meter $164.16~A9
6" meter $218.1 ~8~88
Speci~~~y~~ ~ -February 24, 2009 -Page 20 of 30 _ 1 _
Meter Size Monthl Base Fee
Stand i e $0.00
'`This rate shall be applied to single family resi-
dences that could have been served by a 5/ x
s/." meter but for fire suppression facilities that
make the lar er meter necessa
C. The monthly water use charge shall be:
1. $$,24~A8 per 1,000 gallons for standpipe/hydrant meters.
2. $2~. Sze per 1,000 gallons for meters serving multi-family, commercial,
industrial, government and irrigation uses.
3. For meters serving single family residences, a tiered rate based on the
amount of water consumed, as follows:
Gallons of
consum tion Rate per 1,000
allons
0 to 1,000 $0.00
1,0018 to 10,000 $2.325
10,0018 to 20,000 $243:-98
20,0018 to 30,000 $4.213:-88
30,0018 to 40,000 $~,1$4~8
Over 40,000 $.~4~6-98
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and ob-
jectives of this ordinance.
SECTION 3. This ordinance shall be effective on March 27, 2009.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 24th day of February, 2009.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Speci~~j~rc~ ~ -February 24, 2009 -Page 21 of 30 _ 2
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, February 24, 2009, 7:00:00 PM
To: Mayor and Council
From: Keith Brann ,Town Engineer
Item A 2
Subject: Resolution No. 2009-23: Relating to Transportation; approving. and authorizing the Mayor to
execute an agreement with Union Pacific Railroad Company concerning double-tracking
through the Town
Discussion:
Union Pacific Railroad (UPRR) is currently constructing a second main track between Yuma and
Tucson, including the stretch through the Town of Marano. The Agreement presented for the Council's
consideration by this item facilitates the double-tracking project and sets forth the parties' obligations for
coordinating and cooperating with one another concerning both the double-tracking project and other
future projects through Marana. The agreement also describes the extent of UPRR's financial
obligations towards the construction of certain future grade-separated crossings in Marana, and obligates
the Town to express its support of the double-tracking project in proceedings before the Arizona
Corporation Commission.
ATTACHMENTS:
Name:
~ Reso_UPR_R_ _Double.
Tracking Agreement
(00012831),_DOC
~ AGT UPRR Double-
_ - ---
Tracking 2-1.9-09 DO.C.
Staff Recommendation:
Description;
Reso approving UPRR Double-Tracking Agreement
Exhibit A to Reso:UPRR Double-Tracking Agreement
Staff recommends adoption of Resolution No. 2009-23.
Suggested Motion:
I move to adopt Resolution No. 2009-23.
Type:
Resolution
Exhibit
Special Council Meeting -February 24, 2009 -Page 22 of 30
MARANA RESOLUTION N0.2009-23
RELATING TO TRANSPORTATION; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY CONCERNING
DOUBLE-TRACKING THROUGH THE TOWN
WHEREAS Union Pacific Railroad Company seeks to construct a second main line railroad
through Town of Marana; and
WHEREAS the Town and Union Pacific Railroad Company have prepared an agreement to
address issues related to the double-tracking project and other matters relating to coordination and
cooperation between the Town and the Railroad; and
WHEREAS the Mayor and Council of the Town of Marana find that the proposed agreement
is in the best interests of the Town and public.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The Agreement between the Town of Marana and Union Pacific Railroad
Company attached as Exhibit A to and incorporated by this reference in this resolution is hereby ap-
proved, 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 under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and objec-
tives of this agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 24~' day of February, 2009.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Special Council Meeting -February 24,.2009 -Page 23 of 30
AGREEMENT
Between
TOWN OF MARANA, ARIZONA
And
UNION PACIFIC RAILROAD COMPANY
This AGREEMENT ("Agreement") is entered into this day of
2009, between TOWN OF MARANA, an Arizona municipal
corporation, (hereinafter referred to as "Town") and the UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation operating a railroad in the State of Arizona
(hereinafter referred to as "UPRR").
RECITALS
A. UPRR currently is constructing a second main track on and along the Gila
Subdivision (Yuma-Tucson) main line in Arizona wherever there is currently only a
single main line track. UPRR's project requires construction of a second main track
through and across existing public at-grade crossings within the municipal limits of
Town. A list of seven (7) existing public at-grade crossings of UPRR's Gila Subdivision
main line located within the Town is attached hereto as Exhibit A and incorporated herein
by reference.
B. UPRR and Town have met on several occasions to discuss UPRR's
second main track construction project. UPRR has presented maps and other information
to Town. Town understands the scope of the project as it may affect roadway at-grade
crossings within its jurisdiction. Town has expressed concern about various matters
related to UPRR's main line, including the second main track, as it passes through the
Town.
C. UPRR wishes to obtain Town's general support and cooperation with
respect to construction of the second main track through Town, particularly with respect
to the at-grade crossings listed on Exhibit A. Town wishes to have UPRR address certain
Town concerns about UPRR's installation of its second main track and future grade
separations over the main line. UPRR and Town desire to enter into this binding
Agreement to address Town's concerns and to secure Town's cooperation with respect to
the construction of second main track across the at-grade crossings listed on Exhibit A.
AGREEMENT
NOW, THEREFORE, the parties hereto make and enter into the following
binding agreement:
Special Council Meeting -February 24, 2009 -Page 24 of 30
UPRR OBLIGATIONS
1. Barnett Channel Project. UPRR shall cooperate with the Town's project to
install the Barnett Channel, which is a planned waterway, which would cross under the
UPRR main line at RR MP 963.4. The Town's plans for the Barnett Channel include
construction. of a bridge for the existing UPRR main line track over the proposed Barnett
Channel, and the Town shall pay the cost of installation. of such bridge. The plans for the
Barnett Channel include a separate bridge structure for the second main track to be
installed by UPRR, and UPRR shall pay the cost of installation of such bridge for the
second main track. Provided, however, if the Town changes the plans for the Barnett
Channel project in a manner which materially increases the size of the required bridges
and the corresponding cost, then the Town shall pay the portion of the cost of such
second bridge which reflects the increase over the projected cost based on the plans for
the Barnett Channel project on the date hereof. If relocation of fiber optic lines on the
UPRR right of way at this location is required as part of the installation of the UPRR
second main track, then UPRR shall complete the relocation per existing UPRR
agreements with third parties in a manner which will accommodate the plans for the
Barnett Channel project. Provided, however, if relocation of the fiber optic lines on the
UPRR right of way at this location is not required as part of the installation of UPRR's
second main track, but is required as part of the installation of the Barnett Channel, then
UPRR shall cooperate with the need for such relocation, but the cost of such relocation
required for the Barnett Channel project shall be paid by the Town.
2. Crossing Permits. Subject to the terms of this Agreement, UPRR shall
cooperate and reasonably expedite UPRR's review and consideration of utility right of
way crossing applications, whether or not located in public rights of way, for private
crossings located in the Town.. Provided, however, such applications must comply with
UPRR's then-current utility right of way crossing requirements and standards.
3. Maintenance of Structures. UPRR shall cooperate with Town on
necessary inspections and maintenance of the structures now existing or subsequently
installed at the crossings listed on Exhibit A or otherwise contemplated herein, in
accordance with UPRR's then-current Right of Entry Agreement form and any other
agreements between the parties.
4. New Tangerine Road. UPRR shall cooperate with Town on Town's
development of a grade separation for New Tangerine Road over the UPRR right of way,
including reasonably expediting review and approval of plans, specifications and
agreements submitted by the Town, each of which must comply with UPRR's then-
current requirements and standards. Provided, however, UPRR acknowledges its
approval of the current plans for this grade separation, which plans include piers
supporting the New Tangerine Road overpass located in the UPRR right of way. UPRR
shall also support the Town's application to the Arizona Corporation Commission
("ACC") for the proposed grade separation project. Provided, however, the Town agrees
that UPRR shall not be required to contribute any funding. to the New Tangerine Road
grade separation project unless the project includes the closure of an existing public at-
Special Council Meeting -February 24, 2009 -Page 25 of 30
grade crossing somewhere in the Town. If the New Tangerine Road grade separation
project includes the closure of an existing public at-grade crossing somewhere in the
Town, and the Town receives federal funding for such grade separation project, then
UPRR shall be liable for a five percent (5%) share of the cost of the theoretical structure
under the provisions of the Federal Aid Policy Guide as contained in 23 CFR 646,
Subpart B, Section 646.210(b)(1). Provided, if the Town does not receive federal
funding for this grade separation project (and the grade separation project includes the
closure of an existing public at-grade crossing), then UPRR's share of the cost of such
theoretical structure shall be ten percent (10%).
5. Future Grade Separation Projects. UPRR shall, at the appropriate time,
negotiate with Town in good faith the timing of UPRR's funding of its share of the cost of
such theoretical structure for grade separation projects for the following locations:
Marana Road Overpass at RR MP 961.33
Moore Road Overpass at RR MP [tbd]
Avra Valley Road Overpass at RR MP [tbd]
Twin Peaks Road Overpass at RR MP 970.18
Cortaro Road Overpass at RR MP 972.01
Ina Road Overpass at RR MP 974.03.
For each of these grade separations, the share of the cost which UPRR would be required
to contribute would be ten percent (10%) for projects with no federal funding and five
percent (5%) for such projects with federal funding, in each case as a percent of
theoretical structure under the provisions of the Federal Aid Policy Guide as contained in
23 CFR 646, Subpart B, Section 646.210(b)(1), and in each case solely to the extent the
grade separation project results in the closure of an existing public at-grade crossing. In
each case, the share of the cost indicated as payable by UPRR is the maximum share of
such cost which UPRR would be required to contribute. Except as provided in Section 6
below, in no event shall UPRR be required to contribute to any funding of a grade
separation structure for which there is not a corresponding closure of an existing public
at-grade crossing. The design plans for all grade separation projects shall comply with
UPRR's then-current requirements and standards, including the requirement that the
grade separation clear span the entire UPRR right of way, with no supporting piers or
abutments in the UPRR right of way, unless UPRR agrees otherwise. For these grade
separation projects to be eligible for the specifics of this section, they must begin while
this agreement is effective. For the purposes of this agreement, begin is defined as a
point in which a consultant is actively under contract for the design of construction
documents, whether by the Town or another entity.
6. Tortolita Boulevard Grade Separation Project. Notwithstanding any
language to the contrary in Section 5 above, UPRR shall contribute its five percent (5%)
or ten percent (10%) share of the cost of the theoretical structure for the Town's Tortolita
Boulevard grade separation project at RR MP 959.43, even though such project shall not
result in the closure of an at-grade public crossing. As with other grade separation
Special Council Meeting -February 24, 2009 -Page 26 of 30
projects noted above, UPRR's share shall be ten percent (10%) if no federal funding is
obtained by the Town, or five percent (5%) if federal funding is obtained.
7. Subsequent Utility Relocations. UPRR shall communicate with Town
regarding UPRR's second main track project so the Town shall have an opportunity to
request that UPRR plan the relocation of any utilities in connection with the second main
track project to depths which would accommodate future projects planned by the Town.
TOWN OBLIGATIONS
8. Town Projects in UPRR Right of Way. In connection with all Town
projects on UPRR right of way, Town shall execute UPRR's then-current form of
Construction and Maintenance Agreement, License Agreement or Right of Entry
Agreement, as applicable, in connection with such projects, including any grade
separation projects for the crossings listed on Exhibit A or otherwise contemplated
herein. Additionally, UPRR and Town anticipate that, for each of the particular projects
contemplated in this Agreement, UPRR and Town shall enter into a more detailed
agreement for each such particular project at the time the Town moves forward with such
particular project, in each case consistent with the provisions set forth herein.
9. UPRR Second Main Track Project Cooperation.
(a) Town shall support UPRR's second main track project, including
specifically supporting and approving construction of the second main track over and
across each grade crossing listed on Exhibit A. Town shall provide one or more letters to
or filings with the ACC advising the ACC that Town supports and approves UPRR's
project applications for construction of a second main track across all public grade
crossings within the jurisdiction of Town. If appropriate, Town will endeavor to appear
at ACC hearings and public meetings to advise the ACC that it supports and approves
UPRR's applications to the ACC for authority to alter the subject grade crossings by
installing a second main track at grade.
(b) UPRR shall file this Agreement (when effective) with the ACC in
support of each application it files for an additional main track over and across a public
grade crossing listed on Exhibit A. Town agrees to provide statements confirming the
effectiveness of this Agreement if so requested by the ACC or UPRR.
10. Permits. Upon request by UPRR, Town shall reasonably expedite review
and approval of any permit applications by UPRR for its second main track project within
the Town's jurisdiction, including promptly reviewing and approving any UPRR flood
plain permit applications.
Special Council Meeting -February 24, 2009 -Page 27 of 30 4
OTHER
11. Open Communication. UPRR and Town shall use reasonable efforts to
maintain open communications regarding their plans for subsequent expansion projects in
the Town. which materially impact their respective interests.
12. Effectiveness and Termination of Agreement.
(a) This Agreement shall be effective when signed by the parties
hereto. The date of this Agreement shall be the date on which the last party signs it.
Subject to Section 12(b) below, this Agreement shall extend for a term of twenty (20)
years, and within six (6) months prior or subsequent to the end of such twenty (20) year
term, either party hereto shall have the right to extend this Agreement for an additional
twenty (20) years by sending written notice of such extension to the other party.
(b) UPRR may unilaterally terminate this Agreement without penalty
or obligation to Town if the ACC rejects or disapproves, or attaches substantial adverse
conditions to, any UPRR second main track project grade crossing alteration applications
regarding public grade crossings within Town's jurisdiction as listed on Exhibit A, such
as ordering a grade separation funded by UPRR at any public grade crossing within
Town's jurisdiction as listed on Exhibit A in response to a UPRR application to construct
an additional main track at grade over and across such crossing, unless such order
contains terms which are substantially the same in form and substance as the terms of this
Agreement.
13. Miscellaneous Provisions.
(a) This Agreement constitutes the entire agreement between UPRR
and Town relating to this transaction. All prior or contemporaneous agreements,
understandings, representations or statements, whether oral or written, relating to this
transaction are merged herein. The headings and titles to provisions in this Agreement
are for convenience only, and shall not be deemed to modify or affect the rights or duties
of UPRR or Town. All rights and obligations of UPRR and Town set forth in this
Agreement are integral parts of this Agreement. The consideration inducing UPRR and
Town to enter into this Agreement includes all of the commitments by UPRR to Town,
and by Town to UPRR, as set forth in this Agreement. The terms of this Agreement have
been arrived at after considerable arms length negotiation and mutual review of the
parties, and the parties agree that none of the provisions herein shall be deemed or
presumed to be construed against either party, regardless of which party drafted all or
part of the terms of this Agreement.
(b) Except as specifically set forth in this Agreement, none of the
parties hereto waives, releases or relinquishes any rights any such party may have with
respect to construction of railroad trackage or facilities or with respect to grade separation
or grade crossing projects in the State of Arizona.
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(c) No modifications to this Agreement shall be effective unless in
writing signed by all parties hereto,
(d) This Agreement shall be governed by Arizona law.
(e) Time is of the essence of this Agreement.
(f) If any term, covenant or provision of this Agreement, or the
application thereof to any person or circumstance, shall ever be held to be illegal, invalid
or unenforceable, then, in such event, the remainder of this Agreement or the application
of such terms, covenants and provisions hereof shall remain valid and enforceable to the
fullest extent permitted by law. Furthermore, any such invalidity or unenforceability of a
term, covenant or provision of this Agreement shall not be deemed to affect the validity
or effectiveness of the remaining terms and provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the dates set forth below.
TOWN OF MARANA, ARIZONA UNION PACIFIC RAILROAD COMPANY
By:_
Title:
Attest:
Date:
By:_
Title:
Attest:
Date:
Special Council Meeting -February 24, 2009 -Page 29 of 30
EXHIBIT A
Marana Road at RR MP 961.33
Tangerine Road at RR MP 965.69
Camino De Manana at RR MP 970.42
Cortaro Farms Road at RR MP 972.01
Massingale Road at RR MP 973.36
Ina Road at RR MP 974.03
Joiner Road at RR MP 975.6
Special Council Meeting -February 24, 2009 -Page 30 of 30 {00012829.DOC /}