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*REVISED* Amended on 6/18/2009 at 4:31 p.m. -SPECIAL COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, June 23, 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, please 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.
S~e_akin~ 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.
Accessibili~
To better serve the citizens of Marana and others attending our meetings, the Council Chambers are
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upon prior request to the Town Clerk at least 10 working days prior to the Council meeting.
Special Council Meeting -June 23, 2009 -Page 1 of 134
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online
at t~~~vt~-.marar~a.cc~rr-, 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, June 22, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana
Operations Center and at ww~~~.3rana.~c~m under Town Clerk, Agendas, Minutes and Ordinances.
SPECIAL COUNCIL 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
ANNOUNCEMENTS/UPDATES
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
STAFF REPORTS
GENERAL ORDER OF BUSINESS
CONSENT AGENDA
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. 2009-97: Relating to Municipal Court; approving the appointment of changed
Magistrates pro tempore and civil traffic hearing officers (Cedric Hay)
Special Council Meeting -June 23, 2009 -Page 2 of 134
C 2: .Ordinance. No. 2009.13: Relating to Finance and Water; amending Town Code
Section 14-7-3(C) to correct an error in the adoption of the comprehensive fee schedule
adopted by Marana Ordinance No. 2009.11 and Marana Resolution No. 2009-87; clarifying
Marana Resolution No. 2009-87; and establishing an effective date (Frank Cassidy)
C 3: Ordinance No. 2009.14: Relating to Business Regulations; amending Title 9 of the
Town Code to provide for business licenses to be administered by a license inspector
designated by the Town Manager rather than by the Town Clerk; and declaring an
emergency (Frank Cassidy)
C 4: .Resolution No. 2009-98: Relating to Personnel; approving and authorizing the Town
Manager to execute a separation agreement with Charles B. DeSpain (Gilbert Davidson)
C 5: .Resolution No. 2009-99: Relating to Personnel; approving and authorizing the Town
Manager to execute a severance agreement between the Town of Marana and Michael
Mencinger (Gilbert Davidson)
C 6: Resolution No. 2009-100: Relating to Public Works; approving and authorizing the
Mayor to execute an intergovernmental agreement between the Regional Transportation
Authority and the Town of Marana for design and construction of the Cortaro Road /
Silverbell Road intersection improvement project (Scott Leska)
C 7: Resolution No._ 2009-101: Relating to Public Works; approving and authorizing the
Mayor to execute an intergovernmental agreement between the Regional Transportation
Authority and the Town of Marana for the design concept study of the Tangerine Road
Improvement Project between I-10 and La Canada Drive (Scott Leska)
C 8: Resolution No. 2009-102: Relating to Technology Services; approving and
authorizing the Mayor to execute a Beacon Hill Telecommunications Site Sublease
Agreement with Simply Bits, LLC and a First Amendment to Beacon Hill
Communications Site Lease and Settlement Agreement with the Estate of Irene Welter,
deceased; and establishing an effective date (Frank Cassidy)
C 9: Minutes of the June 9, 2009 special council meeting and the June 16, 2009 regular
council meeting
C 10: .Resolution No. 2009-107: Relating to the Police Department; authorizing the Chief Ached Late
of Police to obtain vehicle registrations for three new undercover police vehicles ('t'erry
Tometich)
COUNCIL ACTION
A 1: PUBLIC HEARING: Resolution No. 2009-103:. Relating to Budget; adoption of
the Town's fiscal year 2009-10 final budget (Erik Montague)
A 2: Resolution_No. 2009-104: Relating to Personnel; approving a salary schedule for
temporary employees for fiscal year 2009-2010; and declaring an emergency (Suzanne
Machain)
A 3: Resolution No_2009-105: Relating to Personnel; approving a salary schedule for
classified employees for fiscal year 2009-2010; and declaring an emergency (Suzanne
Machain)
BOARDS, COMMISSIONS AND COMMITTEES
B l: Presentation: Relating to Parks and Recreation; discussion and direction regarding
Special Council Meeting -June 23, 2009 -Page 3 of 134
proposed amendments to Title 13 of the Marana Town Code, Section 13-1-3, to prohibit
smoking within 25 feet of any athletic field or park facility in Town parks
(Tom Ellis)
B 2: Resolution No. 200.9_-1.06:. Relating to Utilities; appointing Laura Trostman to the
Water Utility Advisory Committee and appointing David Wostenberg as an alternate
(Frank Cassidy)
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 -June 23, 2009 -Page 4 of 134
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council Item C 1
From: Cedric Hay ,Senior Assistant Town Attorney
Strategic Plan Focus Area:
Progress and Innovation
Subject: Resolution No. 2009-97: Relating to Municipal Court; approving the appointment of
Magistrates pro tempore and civil traffic hearing officers
Discussion:
Article 5-2 of the Marana Town Code authorizes the Mayor and Council to appoint magistrates pro
tempore to serve in the Marana Municipal Court on an as-needed basis.
The Town Magistrate initiated the application process which included publication of a notice regarding
the available positions, formation of a selection committee to review the applications which were
received and a final review that he himself conducted prior to forwarding the recommended list of
names for appointment by the Mayor and Council.
The following individuals, all licensed attorneys, are recommended for appointment to serve in the
capacity of Magistrate pro tempore for the Marana Municipal Court:
Kenneth Bowman
David Dingledine
Eugene Hays
Keith Singer
Article 5-2-3 of the Marana Town Code authorizes the Town Magistrate, with the approval of the Mayor
and Council, to appoint hearing officers to preside over certain civil traffic proceedings on an as-needed
basis. The Town Magistrate has solicited applications for this position and recommends the appointment
of the following individuals to serve as hearing officers for the Marana Magistrate Court:
George Anderson
Sandra Celaya
All of these appointments are to be for a term which will run concurrent with that of the Town
Magistrate and therefore will expire at the end of June, 2010. Any of these appointees may be removed
from their position for cause. All of the appointees will have the status of independent contractor with
the exception of Sandra Celaya who is already afull-time employee with the Town. The magistrates pro
tempore will be paid on aper-session basis at the rate of $125.00 for a half day and $250.00 for a full
day of service. Hearing Officer Anderson shall be paid at the rate of $75.00 for a half day and $150.00
for a full day of service. Ms. Celaya, as a full-time employee of the Town, shall not receive any
Special Council Meeting -June 23, 2009 -Page 5 of 131
additional compensation beyond her regular salary and benefits.
Financial Impact:
There shall be no additional financial impact as these appointments have already been provided for in
the current budget for the Municipal Court.
ATTACHMENTS:
Natne: Description: Type:
^ Reso r_e_Appoint Laura
Resolution appointing magistrates pro tem and hearing officers for
Trostman to_Water Utl Advisory, Resolution
Comm (00015291).DOC the Municipal Court
Staff Recommendation:
Staff recommends approval of Resolution 2009-97, approving the appointments of Kenneth Bowman,
David Dingledine, Eugene Hays and Keith Singer as magistrates pro tempore and further recommends
that George Anderson and Sandra Celaya be appointed as Civil Hearing Officers for the Marano
Municipal Court, all with terms ending June 30, 2010.
Suggested Motion:
I move to approve Resolution No. 2009-97, accepting the recommended appointments to the positions
of magistrate pro tempore and civil hearing officer for the Marano Municipal Court.
Special Council Meeting -June 23, 2009 -Page 6 of 131
MARANA RESOLUTION N0.2009-97
RELATING TO MUNICIPAL COURT; APPROVING THE APPOINTMENT OF
MAGISTRATES PRO TEMPORE AND CIVIL TRAFFIC HEARING OFFICERS
WHEREAS Sections 5-2-1 and 5-2-3 of the Town Code provide that the Mayor and
Council of the Town of Marana shall appoint assistants to the Town Magistrate, as are needed
from time to time; and
WHEREAS the Mayor and Council, upon recommendation of the Town Magistrate, the
Honorable Charles Davies, have determined that it is necessary to appoint qualified individuals
to serve as assistant magistrates or magistrates pro tempore on an as-needed basis in the Marana
Municipal Court; and
WHEREAS the Town Magistrate recommends that the Mayor and Council appoint the
following individuals to serve as assistant magistrates or magistrates pro tempore on an as-
needed basis: Kenneth Bowman, David Dingledine, Eugene Hays and Keith Singer; and
WHEREAS the Mayor and Council find that these individuals meet the qualifications
imposed by Arizona law and possess the requisite skill and character to perform as magistrates
pro tempore; and
WHEREAS pursuant to Section 5-2-3 of the Town Code the Town Magistrate, with the
approval of the Mayor and Council, may appoint one or more hearing officers to preside over
civil traffic violation cases; and
WHEREAS the Town Magistrate wishes to appoint George Anderson and Sandra Celaya
to serve as hearing officers; and
WHEREAS the Mayor and Council find that these individuals meet the qualifications
imposed by Arizona law and possess the requisite skill and character to perform as hearing
officers.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the following individuals are appointed to serve as
assistant magistrates or magistrates pro tempore on an as-needed basis: Kenneth Bowman, David
Dingledine, Eugene Hays and Keith Singer.
BE IT FURTHER RESOLVED that George Anderson and Sandra Celaya are appointed
to serve as civil traffic hearing officers.
BE IT FURTHER RESOLVED that these magistrates pro tempore and hearing officers
shall serve terms ending June 30, 2010, but may be removed prior to that date for cause.
Speci~~f~~ ~~, 2009 -Page 7 of 134 _ ~ _
{00015318.DOC /}
BE IT FURTHER RESOLVED that the magistrates pro tempore shall be paid at the rate
of $125.00 per half-day and $250 per full-day of service, and the hearing officer, George
Anderson, shall be paid $75.00 per half-day and $150 per full-day of service, as independent
contractors to the Town.
BE IT FURTHER RESOLVED that the hearing officer, Sandra Celaya, who is an
employee of the Town, shall receive no additional compensation as hearing officer other than her
regular pay and benefits as an employee of the Town.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 23`d day of June, 2009.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Speci~~~~c~~eb~~ 21~ ~~, 2009 -Page 8 of 134
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council
From: Frank Cassidy ,Town Attorney
Strategic Plan Focus Area:
Not Applicable
Item C 2
Subject: Ordinance No. 2009.13: Relating to Finance and Water; amending Town Code Section 14-7-3
(C) to correct an error in the adoption of the comprehensive fee schedule adopted by Marana
Ordinance No. 2009.11 and Marana Resolution No. 2009-87; clarifying Marana Resolution
No. 2009-87; and establishing an effective date
Discussion:
This item corrects and clarifies the June 9 adoption of Marana Ordinance No. 2009.11 and Marana
Resolution No. 2009-87, adopting the comprehensive fee schedule.
The correction involves an erroneous change to the wording of Town Code Section 14-7-3 (C) relating to
the reconnect fee. Resolution No. 2009-87 revised the last sentence of that paragraph to read: "If there is a
delinquent balance due, the reconnect fee must be paid in full before service will be reconnected." It should
have been revised to read: "If there is a delinquent balance due, the delinquent balance must be paid in full
before service will be reconnected."
The clarification involves how to treat excluded paragraphs. Resolution No. 2009-87 revises the language
of many Marana Land Development Code and Town Code sections, and sometimes includes unchanged
paragraphs of affected sections and sometimes does not. The introductory language of each section of the
resolution indicates that only double-underlined and stricken language is affected. Nevertheless, the
inclusion of some unchanged paragraphs may give the incorrect impression that excluded paragraphs are to
be deleted. Section 2 of the proposed ordinance clarifies that excluded paragraphs are not deleted.
ATTACHMENTS:
Name:
^ Amend Town Code Section
14.-7.-3j.C. ).._(000..1531.1_~,DOC
Staff Recommendation:
Description:
Comp fee schedule correction ordinance
Staff recommends adoption of Ordinance No. 2009.13.
Type:
Ordinance
Suggested Motion:
I move to adopt Ordinance No. 2009.13, correcting and clarifying the ordinance and resolution adopting the
comprehensive fee schedule.
Special Council Meeting -June 23, 2009 -Page 8 of 131
MARANA ORDINANCE N0.2009.13
RELATING TO FINANCE AND WATER; AMENDING TOWN CODE SECTION 14-7-3(C) TO
CORRECT AN ERROR IN THE ADOPTION OF THE COMPREHENSIVE FEE SCHEDULE
ADOPTED BY MARANA ORDINANCE NO. 2009.11 AND MARANA RESOLUTION
N0.2009-87; CLARIFYING MARANA RESOLUTION N0.2009-87; AND ESTABLISHING AN
EFFECTIVE DATE
WHEREAS Marana Ordinance 2009.11 adopted on June 9, 2009 established the Comprehen-
sive Fee Schedule, which was made a public record by the adoption of Marana Resolution
No. 2009-87; and
WHEREAS Exhibit B to Marana Resolution No.2009-87 set forth the substantive changes to
the Town Code as adopted by Marana Ordinance No. 2009.11; and
WHEREAS the revision to Section 14-7-3 ("Other Service Charges"), paragraph C ("Recon-
nect Fee") included an error in the revised wording; and
WHEREAS the exclusion of unaffected paragraphs in certain Land Development Code and
Town Code sections contained in Marana Resolution No.2009-87 may have given the incorrect im-
pression that they were intended to be deleted.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of
Marana, Arizona as follows:
SECTION 1. Town Code Section 14-7-3 paragraph C, as amended by Marana Ordinance
No. 2009.11 and as made a public record by Marana Resolution No. 2009-87, is hereby corrected to
change the words "the reconnect fee" to "the delinquent balance" in the last clause, so that the cor-
rected paragraph of Marana Resolution No. 2009-87 reads as follows, with added text shown with
double underlining and deletions shown with r*"'~:
C. Reconnect fee: Q'^ ~^'~ ~° "~~^^ ~^^^~ ~^+ ^~ ~~~°^+` The reconnect fee shall be for the cost
of reestablishing water service after water service has been terminated for any reason
and requires 24 hours notice. There will be an additional ~~fter-hours reconnect fee is
$a-~~. If there is a delinquent balance due, ~~ the delinquent balance must be
paid in full before service will be reconnected.
SECTION 2. Marana Resolution No. 2009-87 is hereby clarified to explain that only those
paragraphs shown as having double underlining and strikeouts are intended to be revised. The exclu-
sion ofunchanged paragraphs in Marana Resolution No.2009-87 is not intended to indicate that the
excluded paragraphs should be deleted.
SECTION 3. This Ordinance shall become effective on the effective date of Marana Ordi-
nance No. 2009.11.
Speci IE~~.~@~d0~~ 23, 2009 -Page 9 of 131 _ 1 _ {000153ll.DOC /}
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 23rd day of June, 2009.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Speci~n~yl~~c,~0~~ 23, 2009 -Page 10 of 131 _ 2 _
{00015311.DOC /}
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council
From: Frank Cassidy ,Town Attorney
Strategic Plan Focus Area:
Not Applicable
Item C 3
Subject: Ordinance No. 2009.14: Relating to Business Regulations; amending Title 9 of the Town
Code to provide for business licenses to be administered by a license inspector designated by
the Town Manager rather than by the Town Clerk; and declaring an emergency
Discussion:
Business licenses are currently administered by the Town Clerk. If adopted, this item would revise the
Town Code to transfer all business license and related responsibilities from the Town Clerk to a license
inspector designated by the Town Manager. These revisions would facilitate prompt and seamless
transfer of licensing activities now and at any time in the future when the Town Manager determines
that the licensing function can be handled more efficiently by other Town personnel.
The Town Manager plans to designate the Town's Finance Director as the license inspector.
ATTACHMENTS:
Name:
[~0....rdina_nce transferring
business license duties
j0.0.0.1.5..20..9..). D0....C
Staff Recommendation:
Description:
Business license administration ordinance
Staff recommends adoption of Ordinance No. 2009.14.
Suggested Motion:
Type:
Ordinance
I move to adopt Ordinance No. 2009.14, transferring business license responsibilities from the Town
Clerk to a license inspector designated by the Town Manager.
Special Council Meeting -June 23, 2009 -Page 11 of 131
MARANA ORDINANCE N0.2009.14
RELATING TO BUSINESS REGULATIONS; AMENDING TITLE 9 OF THE TOWN CODE
TO PROVIDE FOR BUSINESS LICENSES TO BE ADMINISTERED BY A LICENSE
INSPECTOR DESIGNATED BY THE TOWN MANAGER RATHER THAN BY THE TOWN
CLERK; AND DECLARING AN EMERGENCY
WHEREAS the Town of Marana regulates businesses through the issuance of business
licenses; and
WHEREAS the Town Code currently provides for administration of business licenses by
the Town Clerk; and
WHEREAS the Town has determined that business licenses can be more efficiently ad-
ministered by allowing the Town Manager to designate a license inspector responsible for busi-
ness license administration.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. Title 9 of the Marana Town Code is hereby amended as follows:
A. The word "clerk" is hereby deleted, in all instances, from Town Code Sections
9-1-1 (A), 9-1-2 (B), 9-1-5 (B), 9-1-10 (A), 9-2-6 (B), 9-2-8 (B), 9-6-2 (L),
9-6-5 (E)(10).
B. The term "town clerk" is hereby replaced, in all instances, with the term "license
inspector" in Town Code Sections 9-1-1 (C)(3), 9-1-2 (A), 9-1-3 (D), 9-1-3 (G),
9-1-10 (D), 9-1-12, 9-2-2 (A), 9-2-4, 9-2-6 (A), 9-2-8 (C), 9-2-8 (F), 9-2-9,
9-2-11, 9-2-12 (A), 9-2-12 (C), 9-6-5 (A), 9-6-5 (F), 9-6-6, 9-6-10, 9-6-12,
9-6-14, 9-6-15, 9-6-16, and 9-6-21.
C. Town Code Section 9-1-6 is hereby amended by changing the title from "Inspec-
tor of licenses" to "License inspector," by deleting the first clause of paragraph A
"The town clerk shall be inspector of licenses,") and replacing it with "The town
manager shall designate a town employee who shall be the license inspector," and
by replacing the term "town clerk," in all instances, with the term "license inspec-
tor."
Sped~diQHa~rl~Pr~~2D~~9~ 23, 2009 -Page 12 of 131 _ 1 _ {00015209.DOC /}
D. Town Code Section 9-1-10 (C) is hereby amended by deleting the words "or town
clerk."
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 resolution.
SECTION 3. Since it is necessary for the preservation of the peace, health and safety of
the Town of Marana that this ordinance become immediately effective, an emergency is hereby
declared to exist, and this ordinance shall be effective immediately upon its passage and adop-
tion.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 23`d day of June, 2009.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Speci IH~~~~~L~2D~~~1~ 23, 2009 -Page 13 of 131 _ 2 _ {00015209.DOC /}
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council
From: Gilbert Davidson ,Town Manager
Strategic Plan Focus Area:
Not Applicable
Item C 4
Subject: Resolution No. 2009-98: Relating to Personnel; approving and authorizing the Town
Manager to execute a separation agreement with Charles B. DeSpain
Discussion:
On Apri128, 2009, the Town Council approved the Separation Incentive Plan (SIP) for fiscal year 2010.
The SIP provides incentives to employees who voluntarily separate employment due to a retirement or a
resignation and who notify the Town in writing by May 19, 2009 that they will end their employment
with the Town, with their last day of work occurring no later than August 31, 2009. One of the key
features of the SIP was severance pay at 1.5% to 2% of the employee's annual base salary multiplied by
the employee's length of service with the Town. Under the SIP, the percentage of severance pay is
based upon the employee's years of service as follows:
0 to 10 years = 1.5%
>10 to 15 years = 1.75%
> 15 years = 2%
Utilities Director Brad DeSpain elected to participate in the SIP and retire effective June 30, 2009. Brad
has been employed with the Town for just over 11 years; therefore, under the terms of the SIP as
approved by Council, he would receive 1.75% of his annual base salary multiplied by the 11 years of
service.
In recognition of Brad's outstanding service to the Town of Marana, I am requesting that Council
approve the attached separation agreement for Brad that would give him severance pay at 2% his annual
base salary, multiplied by his 11 years of service.
Financial Impact:
Calculated at 1.75% under the SIP, Brad's severance pay would amount to $20,851.84. Calculated at
2% as contemplated by the attached separation agreement, Brad's severance pay is $23,830.59, for a
difference of less than $3,000.
ATTACHMENTS:
Name: Description: Type:
O Reso approving Brad. Resolution Resolution
DeSpain s separation.
Special Council Meeting -June 23, 2009 -Page 14 of 131
agree m e nt _(00015229). DO C
~ EX A -DeSpain, Brad_
separation agreement Exhibit A-Separation Agreement Exhibit
X00.0...152...31. ),pdf
Staff Recommendation:
Staff recommends approval of the separation agreement between the Town of Marana and Charles B.
DeSpain.
Suggested Motion:
I move to approve Resolution No. 2009-98, approving and authorizing the Town Manager to execute a
separation agreement with Charles B. DeSpain.
Special Council Meeting -June 23, 2009 -Page 15 of 131
MARANA RESOLUTION N0.2009-98
RELATING TO PERSONNEL; APPROVING AND AUTHORIZING THE TOWN MANAGER
TO EXECUTE A SEPARATION AGREEMENT WITH CHARLES B. DESPAIN
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the Town Manager is hereby authorized to execute, and the Town's
staff is hereby directed and authorized to undertake all other and further tasks required to carry
out the terms and obligations of a separation agreement between the Town of Marana and
Charles B. DeSpain attached to and incorporated by this reference to this resolution as Exhibit A.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 23rd day of June, 2009.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Speci~l~e~~~r~ -June 23, 2009 -Page 16 of 131
SEPARATION AGREEMENT
This Agreement effects an agreeable separation of the employment
relationship between CHARLES B. DeSPAIN ("EMPLOYEE") and the TOWN OF
MARANA ("EMPLOYER"), as well as resolution of any claims, known and
unknown, now existing between the parties. The terms of this Agreement are as
follows:
1. Resignation. EMPLOYEE agrees to voluntarily retire from his
employment with EMPLOYER effective June 30, 2009 (hereinafter referred to as the
"Resignation Date").
2. Consideration. Upon execution of this Agreement, and in
consideration for each of the terms of this Agreement, EMPLOYER will provide
EMPLOYEE with the following:
a. EMPLOYEE will be paid severance pay in an amount equal to 2% of
EMPLOYEE'S annual base salary as of the Resignation Date
multiplied by EMPLOYEE'S 11.01 years of service with
EMPLOYER as of the Resignation Date, for a total amount of
$23,830.59.
b. EMPLOYEE will be paid for 50% of his unused, accrued sick leave as
of the Resignation Date, calculated based on the EMPLOYEE'S
annual base salary as of the Resignation Date.
c. If EMPLOYEE elects health insurance coverage through
EMPLOYEE'S retirement health care plan under the Arizona State
Retirement System (ASRS), EMPLOYER will pay $150 per month
directly to EMPLOYER'S health care plan on EMPLOYEE'S behalf
to subsidize the cost of EMPLOYEE'S health insurance premiums for
up to six months.
d. The amounts payable under paragraphs a and b, above, shall be paid in
a lump sum, less applicable state and federal withholding taxes as
required by law. Payment shall be made by direct deposit to
EMPLOYEE'S bank account currently on record with EMPLOYER
within 5 business days after the Resignation Date or within 5 business
days after expiration of the revocation period outlined in Section 8,
below, whichever is later.
e. If EMPLOYEE is deemed eligible for coverage by EMPLOYER'S life
insurance carrier, EMPLOYEE will remain on EMPLOYER'S life
insurance plan at EMPLOYER'S expense at one times EMPLOYEE'S
annual base salary as of the Resignation Date for 12 months after the
Resignation Date.
Special Council Meeting -June 23, 2009 -Page 17 of 131 1 {00015158.DOC /}
f. EMPLOYER does not make any representations as to the taxability of
any item paid pursuant to paragraphs a, b, c and e, above, and
EMPLOYEE agrees that he shall have sole responsibility and be liable
for any federal or state taxes which may be required by virtue of his
receipt of funds or benefits pursuant to this Agreement and agrees to
indemnify and hold harmless EMPLOYER against any and all
liabilities including but not limited to taxes due, penalties assessed for
unpaid taxes or any costs or fees incurred by EMPLOYER should the
taxability of any part of the payments or benefits be challenged by any
taxing authority.
3. Release and Covenant Not To Sue. EMPLOYEE agrees that he
will not. initiate or cause to be initiated against the TOWN OF MARANA or any of
its current, past, or future agents, attorneys, insurers, council members, elected
officials, employees, subsidiaries, affiliated entities, or any person or entity acting by,
through, under or in concert with it, in both their personal and official capacities,
(collectively referred to as "Released Parties") any lawsuit, compliance review,.
action, grievance proceeding or appeal, investigation or proceeding of any kind
(collectively referred to as "claims"), or participate in same, individually or as a
representative or a member of a class, under any contract. (express or implied), law or
regulation (federal state or local}, including but not limited to claims pertaining to or
in any way related to his employment or termination of his employment with
EMPLOYER. EMPLOYEE agrees that pursuant to this Agreement, he releases and
forever discharges EMPLOYER and the other Released Parties from any and all
claims, demands, damages, causes of action, and any liability whatsoever, including
but not limited to claims on account of or in any manner arising out of EMPLOYEE'S
employment or termination of employment with EMPLOYER. By way of example
only, and without limiting this release, EMPLOYEE releases EMPLOYER and the
other Released Parties from any cause of action, right, claim or liability under Title
VII of the 1964 Civil Rights Act, as amended, the Family and Medical Leave Act, the
United States Constitution or Arizona Constitution, the Arizona Wage Statute, the
Arizona Civil Rights Act, the Arizona Employment Protection Act, the Americans
with Disabilities Act, and any other equal employment opportunity law or statute, any
due process or other constitutional theory, any Arizona statute, any federal statute,
any common law claim including wrongful discharge, implied or express contract,
the covenant of good faith and fair dealing, or any other claim in tort or contract
arising under any theory of the law.
EMPLOYEE understands and acknowledges that this release forever
bars him from suing or otherwise asserting a claim against EMPLOYER or the
other Released Parties on the basis of any event occurring on or before the
effective date of this Agreement, whether the facts are now known or unknown,
and whether the legal theory upon which such claim might be based is now
known or unknown.
4. Provision for Unknown Claims. EMPLOYEE warrants that he
does not have any claim, charge, or complaint, either formal or informal, pending
against EMPLOYER or any of the other Released Parties with any court, tribunal,
Special Council Meeting -June 23, 2009 -Page 18 of 131
2 {00015158.DOC /}
administrative agency, governmental agency, or other such body. EMPLOYEE
further waives any right to monetary recovery should any administrative or
governmental agency pursue any claim on his behalf.
5. Bar. EMPLOYEE agrees that this Agreement may be pleaded as a
complete bar to any action or suit with respect to any claim under federal, state or
other law including, but not limited to, any claim relating to his employment or
termination of employment from EMPLOYER.
6. Indemnification. EMPLOYEE agrees to indemnify and hold
harmless EMPLOYER and the other Released Parties from and against any and all
loss, costs, damages or expenses, including without limitation, attorneys' fees, arising
out of a breach of this Agreement or the fact that any representation made herein was
false when made.
7. Denial of Liability. No provision of this Agreement shall be
construed as an admission by EMPLOYEE or EMPLOYER of improper conduct,
omissions or liability.
8. Notice. of Time for Reflection. EMPLOYEE is advised as
follows pursuant to the Older Workers' Benefit Protection Act, because he is over 40
years of age and in this Agreement he waives claims for age discrimination:
a. This Agreement constitutes written notice from EMPLOYER that
EMPLOYEE should consult with an attorney before. signing this
Agreement, and he acknowledges that he has fully discussed all
aspects of this Agreement with his attorney to the extent he desires to
do so.
b. EMPLOYEE has carefully read and fully understands all of the
provisions of this Agreement and he is voluntarily entering into this
Agreement.
c. As part of this Agreement, EMPLOYEE has been provided with
consideration in addition to anything of value to which he is already
entitled.
d. Because he is over 40 years of age, prior to waiving claims for age
discrimination that EMPLOYEE may have under the Age
Discrimination in Employment Act, he may take up to forty-five (45)
calendar days to consider this Agreement before signing it.
e. In the event EMPLOYEE chooses to sign this Agreement prior to the
expiration of 45 calendar days, EMPLOYEE acknowledges that he
voluntarily and knowingly agrees to waive his entitlement to take 45
days to consider this Agreement for the purpose of expediting the
payment outlined in Section 2, above.
Special Council Meeting -June 23, 2009 -Page 19 of 131
3 ~ooois> ss.noc i}
f. EMPLOYEE may revoke this Agreement within seven (7) calendar
days after he signs this Agreement. If EMPLOYEE wishes to revoke
this Agreement, he or his counsel will notify EMPLOYER in writing,
addressed to Suzanne Machain, Human Resources Director, at the
Town of Marana Municipal Complex at 11555 W. Civic Center Dr.,
Bldg. A3, Marana, AZ 85653, delivered on or before the expiration of
the revocation period.
g. If EMPLOYEE does not revoke this Agreement before the expiration
of the seven-day revocation period, the Agreement will become
irrevocably effective and enforceable on the eighth (8th) calendar day
after EMPLOYEE signs it.
h. EMPLOYEE is aware he is not waiving any rights or claims that may
arise after the date this Agreement is executed.
i. EMPLOYER'S exit incentive program applies to all of
EMPLOYER'S classified and unclassified employees who are
retirement-eligible and/or benefit-eligible.
The eligibility factors for EMPLOYER'S exit incentive program are:
eligible employees must be benefit-eligible, defined as regular full-
and part-time classified and unclassified employees, with part-time
employees working a normal schedule of at least 20 hours but less
than 40 hours per week, and/or retirement-eligible, defined as
employees who have accumulated the necessary credited service in a
public entity retirement system or in the military service and/or
attained the necessary age to qualify for ASRS or PSPRS retirement.
k. The time limits for this exit incentive program are that employees
must notify EMPLOYER of their decision to elect retirement or
resignation under the program by May 19, 2009, and employees must
separate employment no later than August 31, 2009; additionally,
eligible employees who are over the age of 40 will have forty-five (45)
days from the date they receive this Agreement to consider whether to
sign it.
1. The attached charts provide the job titles and ages of all individuals
eligible for the exit incentive program (Exhibit A) and the job titles
and ages of all individuals who have elected to participate in the exit
incentive program (Exhibit B).
EMPLOYEE understands that he is waiving. all rights and claims he has or
may have under the Age Discrimination in Employment Act, 29 U.S.C. Section 626,
et seq., and any other federal, state, or municipal law or regulation relating to age
discrimination.
Special Council Meeting -June 23, 2009 -Page 20 of 131 4 {00015158.DOC /}
9. Return of Property. EMPLOYEE shall return all property of
EMPLOYER in his possession, including, but not limited to, any keys for
EMPI;OYER's facilities as of the Resignation Date.
10. .Complete Agreement. This Agreement sets forth the entire
Agreement between the parties.
11. Choice of Law. This Agreement shall be construed, enforced, and
governed by the laws of the State of Arizona.
12. Severability. Should any provision of this Agreement be declared
or determined by any court to be illegal or invalid, the validity of the remaining parts,
terms or provisions shall not be affected thereby and said illegal or invalid part, term
or provision shall be deemed not to be a part of this Agreement.
13. Effective Date. This Agreement is effective upon expiration of
the seven-day revocation period outlined in Section 8, above.
***WARNING DO NOT SIGN THIS AGREEMENT UNLESS YOU
UNDERSTAND IT! THIS AGREEMENT INCLUDES
A WAIVER OF YOUR RIGHTS!**
TOWN OF MARANA
By:
Gilbert Davidson
Town Manager
Date:
EMPLOYEE
By: ° ~
Charles B. DeSpa'
Date: 1.~~~
APPROVED AS TO FORM:
Jane Fairall
Deputy Town Attorney
Special Council Meeting -June 23, 2009 -Page 21 of 131 5 {OOOISl58.DOC /}
Exhibit A
lob TIHe
Accountng Clerk II
Accounting Supervisor
Aaoums Payable perk
Administrative Manager
Administrative Sac./Sec
Agenda 8 Records Clerk
Airport Dirednr
Assistant poke Ctucef
Assi~snt PW Director
Assistant toTown Manages
Assistant Town Attorney
Assistant Town Maryger
Asst UdOties Director
Asst Ptanring Director
Ash. to Chief of Police
Bldg. Inspednr I
Bldg. InSpednr II
Building Otfidal
C[P Project Manager
Civil Engineer
Code C-nfarcement Officer
Cornmuniy Development Dr
Canrttunity Rdadans/PIO
Community Response Mgr.
-Canput~ Technidan
Ca75tRlt[ion Division Mgr
Conshrucdon Inspector
Canstrtction Manager
Contract Administrator
Contracts Analyst
Counal Liaison
court A~nnistrator
Court Oerk
Court Collections Spec
Cant Probation Montttor
Court Room Specialist
Gaut Security Guard
Court Supervisor
Came Anayst
Crime Prevention Specalist
Crime Scene Sp~lalist
Crtne Soene/Prop&Evli. Sp
Cunad~ Spedali#
Customer Service Clerk
Customer Service Specialist
Database Anayst
Deputy Town AttortRy
Dmuly Town Clerk
Detective Step 6
Detective Step 7
Detective Step 8
Development Coordinator
Dispatcher
Cocumett Imaging Cletc
EleLtric Pump & WTI Tech
EmPIWee Rdadwns Admire
Ergineenng Aide
Engineering Assistant
Engineering Division Mgr
Frgirneering TechMdan
ess:
44
42
46
63
45
53
36
33
33
38
57
35
25
27
50
46
37
55
43
59
54
56
65
39
32
57
30
44
44
56
61
48
46
30
50
46 ',
61 ~
60
27
s6
54
41
38
35
38
32
39
65
62
~55
53
43
57
50
54
76
49
65
64
60
52
46
40
37
25
35
39
26
39
37
37
42
61
32
56
52
50
49
44
a3
37
35
34
28
24
za
23
59
50
58
42
31
26
64
37
31
65
53
50
39
Special Council MeetiRgiWliela~~~O>~ -Sa
31
. e>~
Executive A5515tarC 53
51
39
35
29
26
24
Fat. Mainz Supervisor 55
Finance Diredxr 36
Fleet Mgt Supervisor 28
PoeetTech I 32
Fleet Tech !I 32
29
Foreman 59
51
36
31
G.I.S. Analyst 26
General Manager Dev. Serv 48
General Mgr. Public Sews 62
Grants & Housing Coord 32
H.R. Director 52
Housing Rehab Specialist 41
HRAralyst 42
Human Resairces Coord 25
HVACTe[hnician 59
Inmate Serv. Coordinator 52
40
IntrgavmmndAdfairsAdm 40
taborer 64
45
42
42
39
35
32
32
27
26
is
24
23
21
Legal As~stant 58
Mail Cartier/Gaunter 59
Maintenance Cmrdinator 42
31
Maintenance Worlu~ 56
54
53
45
42
41
37
34
27
21
Management Fellow 29
NelworkTahnician 37
Office Support A55atant 25
24
21
Ops & Maint Director 59
ParkfWintenanceWorl~ 56
Parks Supervisor 35
Parks/Rec. Director 53
Payrdl Adminlstrator 44
Permit Oerk 63
42
37
Permit Gtr & Records Mgr. 30
Planner I 52
49
38
28
Planner II 52
41
Planning Technidan 46
Plans Bcaminer 38
32
Plans Review Tedmician 39
38
Police Chief 63
Felice Commander 51
Poke t.feutenart 59
s2
42
39
Felice Officer Rea0t 41
28
24
23
Poice Officer Step 1 42
39
31
27
26
24
23
22 of 131
Sob Title ~
Poice Officer Step 2 34
32
30
28
25
Pdke Offiar Step 3 26
26
26
56
Police Officer Step 4 53
39
38
32
28
27
27
26
25
Poice Officer Step 5 55
39
38
34
31
29
Poice Officer Step 6 41
38
Poice Oficer 50ep 7 40
37
35
33
30
30
30
Polk Officer 5~ 8 59
56
47
44
43
42
42
40
39
39
39
38
38
36
34
53
Pdice Records Cledc 63
51
46
35
35
26
Pone Records Supervisor 63
Police Teieoomm. Mgr. 45
Project ContrdSpecWlist 45
Project Coordinator 56
Public SafetyTah. SpaQ 24
Real Properly Acq Agent 58
Res Center Attendant 64
Rereaton Aim 43
Recreation AS~slant 60
48
43
38
30
29
27
23
22
22
21
21
21
20
20
20
19
Recreadan Coordinator 60
52
45
4a
31
Recreation leads 51
38
Recreation Programmer 54
51
41
39
29
27
24
Reproductiai/Supply Clerk 65
Right of Way Inspednr 65
Senior Administrative AQ 55
Senior Administrative Mgr 58
Senor A55istant TOwn Atr 45
Senior HR Analyst 30
hh Title
Serge~t Step 1
Sergearu Step 3
SergearlC $Cep 4
Signal Tedvtician III
Signs antl Markings Tedt
Small Engine Mechanic
Spedal Events Caord
Sr Mainz Wa'ker
Sr Permk Berk
Sr. Plans Bcarnina
Superimertdent
Techndo9Y Superviscr
Techrtdogy Svcs Directs
Town Attorney
Town Oerk
Town Engineer
Town Magistrate
Town Manager
Traffic Division Manager
Traffic Engineer
utilities Dita~
UtBities Oper. Mgr.
UtilroeSTech. Analyst
Utilities Tedmokgy Coon
UdBty Billing 5pecia85t
Water Line Cons insp/Plan
Water line Gorst Inapt
Water Ope2Mr I
54
39
36
34
55
51
40
40
37
55
48
39
31
31
27
54
42
37
53
49
52
44
40
37
57
54
31
53
50
59
38
64
34
55
36
69
60
27
25
52
46'
47
36
56
43
23
22
Exhibit B
SIP's Submitted
Job Class
Cultural Resources Manager 54
Customer Service Clerk 49
Environmental Projects Coordinator 31
Executive Assistant 64
Facilities Maintenance Supervisor 55
Police Commander 51
Recreation Assistant 23
Recreation Leader 51
Senior Human Resources Analyst 30
Utilities Director 69
Special Council Meeting -June 23, 2009 -Page 23 of 131
_`
~~yy
~~1
,a.. a, ..,..~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, '7:00:00 PM
To: Mayor and Council
From: Gilbert Davidson ,Town Manager
Strategic Plan Focus Area:
Not Applicable
Item C 5
Subject: Resolution No. 2009-99: Relating to Personnel; approving and authorizing the Town Manager to
execute a severance agreement between the Town of Marana and Michael Mencinger
Discussion:
On June 2, 2009, the Town Council approved the Town Manager's preliminary budget for fiscal year 2009-2010.
That budget is presented tonight to Council for final adoption. As a part of the budget, the Town Manager
proposed extensive restructuring in several Town departments. One facet of that restructuring included the
merging of the Public Works and Operations and Maintenance Departments. As a result of the merging of these
two departments, the position of Operations and Maintenance Director was eliminated.
Mike Mencinger has filled the position of Operations and Maintenance Director for the Town of Marana for over
6 1 /2 years. In recognition of Mike's outstanding service to the Town of Marana and to assist him in his transition
from the Town, the Town Manager requests that the Council approve the attached severance agreement between
the Town and Mike.
Financial Impact:
The total cost for the severance package is $23,250.52
ATTACHMENTS:
Name: Description: ~ Type:
^ Reso__appr...o..vin..g,Mke
Men__cinger s severance agreement. Resolution Resolution
00015320~DOC
^ EX_ A=Mencinger~_M.ke,-
severance agreement w-2(g~ Exhibit A-Severance Agreement Exhibit
restored 1000.1_5..324).pdf
Staff Recommendation:
Staff recommends approval of the severance agreement between the Town of Marana and Michael Mencinger
Suggested Motion:
I move to approve Resolution No. 2009-99, approving and authorizing the Town Manager to execute a severance
agreement with Michael Mencinger
Special Council Meeting -June 23, 2009 -Page 24 of 131
MARANA RESOLUTION N0.2009-99
RELATING TO PERSONNEL; APPROVING AND AUTHORIZING THE TOWN MANAGER
TO EXECUTE A SEVERANCE AGREEMENT BETWEEN THE TOWN OF MARANA AND
MICHAEL MENCINGER
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the Town Manager is hereby authorized to execute, and the Town's
staff is hereby directed and authorized to undertake all other and further tasks required to carry
out the terms and obligations of a severance agreement between the Town of Marana and
Michael Mencinger attached to and incorporated by this reference to this resolution as Exhibit A.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 23rd day of June, 2009.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Speci~10~8~~1~r~ -June 23, 2009 -Page 25 of 131
EXHIBIT A
SEVERANCE AGREEMENT
This Agreement effects an agreeable separation of the employment
relationship between MICHAEL MENCINGER ("EMPLOYEE") and the TOWN OF
MARANA ("EMPLOYER"), as well as resolution of any claims, known and
unknown, now existing between the parties. The terms of this Agreement are as
follows:
1. Resignation. EMPLOYEE will be allowed to resign from his
employment with EMPLOYER effective July 3, 2009, in lieu of involuntary
termination pursuant to a reorganization by EMPLOYER (hereinafter referred to as
the "Resignation Date'.
2. Consideration. Upon execution of this Agreement, and in
consideration for each of the terms of this Agreement, EMPLOYER will provide
EMPLOYEE with the following:
a. EMPLOYEE will be paid severance pay in an amount equal to 3% of
EMPLOYEE'S annual base salary as of the Resignation Date
multiplied by EMPLOYEE'S 6.67 years of service with EMPLOYER
as of the Resignation Date, for a total amount of $18,703.74.
b. EMPLOYEE will be paid for 100% of his unused, accrued sick leave
as of the Resignation Date, calculated based on the EMPLOYEE'S
annual base salary as of the Resignation Date.
c. If EMPLOYEE elects COBRA (Consolidated Omnibus Budget
Reconciliation Act of 1985) continuation coverage through
EMPLOYER'S COBRA administrator, EMPLOYER will pay 35% of
EMPLOYEE'S COBRA. premiums directly to EMPLOYER'S
COBRA administrator on EMPLOYEE'S behalf to subsidize the cost
of EMPLOYEE'S COBRA premiums for up to nine months.
d. The amounts payable under paragraphs a and b, above, shall be paid in
. ,_ a lump sum, less applicable state and federal withholding taxes as
required by ,law. Payment shall be made by direct deposit to
EMPLOYEE'S bank account currently on record with EMPLOYER
within 5 business days after the Resignation Date or within 5 business
.days after expiration of the revocation period outlined in Section 8,
below, whichever is later.
e. If EMPLOYEE is deemed eligible for coverage by EMPLOYER'S life
insurance carrier, EMPLOYEE will remain on EMPLOYER'S life
insurance plan at EMPLOYER'S expense at one times EMPLOYEE'S
annum base salary as of the Resignation Date for 12 months after the
Resignation Date.
Special Council Meeting -June 23, 2009 -Page 26 of 131
1 {00015210.DOC /}
EXHIBIT A
f. EMPLOYER does not make any representations as to the taxability of
any item paid pursuant to paragraphs a, b, c and e, above, and
EMPLOYEE agrees that he shall have sole responsibility and be liable
for any federal or state taxes which may be required by virtue of his
receipt of funds or benefits pursuant to this Agreement and agrees to
indemnify and hold harmless EMPLOYER against any and all
liabilities including but not limited to taxes due, penalties assessed for
unpaid taxes or any costs or fees incurred by EMPLOYER should the
taxability of any part of the payments or benefits be challenged by any
taxing authority.
g. EMPLOYER agrees to place a brick in the courtyard of the Marana
Municipal Complex with the inscription "Operations & Maintenance
2002-2009 Under the Direction of Mike Mencinger."
3. Release and Covenant Not To Sue. EMPLOYEE agrees that he
will not initiate or cause to be initiated against the TOWN OF MARANA or any of
its current, past, or future agents, attorneys, insurers, council members, elected
officials, employees, subsidiaries, affiliated entities, or any person or entity acting by,
through, under or in concert with it, in both their personal and official capacities,
(collectively referred to as "Released Parties") any lawsuit, compliance review,
action, grievance proceeding or appeal, investigation or proceeding of any kind
(collectively referred to as "claims"), or participate in same, individually or as a
representative or a member of a class, under any contract (express or implied), law or
regulation (federal state or local), including but not limited to claims pertaining to or
in any way related to his employment or termination of his employment with
EMPLOYER. EMPLOYEE agrees that pursuant to this Agreement, he releases and
forever discharges EMPLOYER and the other Released Parties from any and all
claims, demands, damages, causes of action, and any liability whatsoever, including
but not limited to claims on account of or in any manner arising out of EMPLOYEE's
employment or termination of employment with EMPLOYER. By way of example
only, and without limiting this release, EMPLOYEE releases EMPLOYER and the
other Released Parties from any cause of action, right, claim or liability under Title
VII of the 1964 Civil Rights Act, as amended, the Family and Medical Leave Act, the
United States Constitution or Arizona Constitution, the Arizona Wage Statute, the
Arizona Civil Rights Act, the Arizona Employment Protection Act, the Americans
with Disabilities Act, and any other equal employment opportunity law or statute, any
due process or other constitutional theory, any Arizona statute, any federal statute,
any common law claim including wrongful discharge, .implied or express contract,
the covenant of good faith and fair dealing, or any other claim in tort or contract
arising under any theory of the law.
EMPLOYEE understands and acknowledges that this release forever
bars him from suing or otherwise asserting a claim against EMPLOYER or the
other Released Parties on the basis of .any event occurring on or before the
effective date of this Agreement, whether the facts are now known or unknown,
and whether the legal theory upon which such claim might be based is now
known or unknown.
Special Council Meeting -June 23, 2009 -Page 27 of 131 2 {00015210.DOC/}
EXHIBIT A
4. Provision for Unknown Claims. EMPLOYEE warrants that he
does not have any claim, charge, or complaint, either formal or informal, pending
against EMPLOYER or any of the other Released Parties with any court, tribunal,
administrative agency, governmental agency, or other such body. EMPLOYEE
further waives any right to monetary recovery should any administrative or
governmental agency pursue any claim on his behalf.
5.. Bar. EMPLOYEE agrees that this Agreement may be pleaded as a
complete bar to any action or suit with respect to any claim under federal, state or
other law including, but not limited to, any claim relating to his employment or
termination of employment from EMPLOYER.
6. Indemnification. EMPLOYEE agrees to indemnify and hold
harmless EMPLOYER and the other Released Parties from and against any and all
loss, costs, damages or expenses, including without limitation, attorneys' fees, arising
out of a breach of this Agreement or the fact that any representation made herein was
false when made.
7. Denial of Liability. No provision of this Agreement shall be
construed as an admission by EMPLOYEE or EMPLOYER of improper conduct,
omissions or liability.
8. Notice of Time for Reflection. EMPLOYEE is advised as
follows pursuant to the Older Workers' Benefit Protection Act, because he is over 40
years of age and in this Agreement he waives claims for age discrimination:
a. This Agreement constitutes written notice from EMPLOYER that
EMPLOYEE should consult with an attorney before signing this
Agreement, and he acknowledges that he has fully discussed all
aspects of this Agreement with his attorney to the extent he desires to
do so.
b. EMPLOYEE has carefully read and fully understands all of the
provisions of this Agreement and he is voluntarily entering into this
Agreement.
c: As part of this Agreement, EMPLOYEE has been provided with
consideration in addition to anything of value to which he is already
entitled.
d. Because he is over 40 years of age, prior to waiving claims for age
discrimination that EMPLOYEE may have under the Age
Discrimination in Employment Act, he may take up to twenty-one (21)
calendar days to consider this Agreement before signing it.
e. In' the event EMPLOYEE chooses to sign this Agreement prior to the
expiration of 21 calendar days, EMPLOYEE. acknowledges that he
Special Council Meeting -June 23, 2009 -Page 28 of 131
3 {0001521o.noc /}
EXHIBIT A
voluntarily and knowingly agrees to waive his entitlement to take 21
days to consider this Agreement for the purpose of expediting the
payment outlined in Section 2, above.
f. EMPLOYEE may revoke this Agreement within seven (7) calendar
days after he signs this Agreement. If EMPLOYEE wishes to revoke
this Agreement, he or his counsel will notify EMPLOYER in writing,,
addressed to Suzanne Machain, Human Resources Director, at the
Town of Marana Municipal Complex at 11555 W. Civic Center Dr.,
Bldg. A3, Marana, AZ 85653, delivered on or before the expiration of
the revocation period.
g. If EMPLOYEE does not revoke this Agreement before the expiration
of the seven-day revocation period, the Agreement will become
irrevocably effective and enforceable on the eighth (8th) calendar day
after EMPLOYEE signs it.
h. EMPLOYEE is aware he is not waiving any rights or claims that may
arise after the date this Agreement is executed.
EMPLOYEE understands that he is waiving all rights and claims he has or
may have under the Age Discrimination in Employment Act, 29 U.S.C. Section 626,
et seq., and any other federal, state, or municipal law or regulation relating to age
discrimination.
9. Return of Property. EMPLOYEE shall return all property of
EMPLOYER in his possession, including, but not limited to, any keys for
EMPLOYER's facilities as of the Resignation Date.
1 U. Complete Agreement. This Agreement sets forth the entire
Agreement between the parties.
11. Choice of Law. This Agreement shall be construed, enforced, and
governed by the laws of the State of Arizona.
12. Severability. Should any provision of this Agreement be declared
or determined by any court to be illegal or invalid, the validity of the remaining parts,
terms or provisions shall not be affected thereby and said illegal or invalid part, term
or provision shall be deemed not to be a part of this Agreement.
13. Effective Date. This Agreement is effective upon expiration of
the seven-day revocation period outlined in Section 8, above.
Special Council Meeting -June 23, 2009 -Page 29 of 131
4 {oooiszio.noc ~
1
EXHIBIT A
***WAI2NING DO NOT SIGN THIS AGREEMENT UNLESS YOU
UNDERSTAND IT! THIS AGREEMENT INCLUDES
A WAIVER OF YOUR RIGHTS!**
TOWN OF MARANA EiVIPLOYEE
BY: By: l ~GvH.I
Gilbert Davidson Michael Mencinger
Town Manager
Date• Date: ~Ct/UE ~ / , Z~ !
APPROVED AS TO FOR1vI:
Jane Fairall
Deputy Town Attorney
Special Council Meeting -June 23, 2009 -Page 30 of 131
5 {000152i0.DOC /}
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COiJNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council Item C 6
From: Scott Leska , CIP Engineering Division Manager
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area -Additional Information:
This project will widen Cortaro Road at Silverbell to allow higher capacity making the right turn onto
north-bound Silverbell Road.
Subject: Resolution No. 2009-100: Relating to Public Works; approving and authorizing the Mayor
to execute an intergovernmental agreement between the Regional Transportation Authority
and the Town of Marana for design and construction of the Cortaro Road /Silverbell Road
intersection improvement project
Discussion:
The Town of Marana and the Regional Transportation Authority (RTA) are authorized by state statute to
work together on capital improvement projects. The Town of Marana is committed to the construction
and maintenance of the Cortaro Road/Silverbell Road Intersection Improvement Project, and the RTA
has expressed its desire to cooperate in the project as well. The Project includes the minor widening of
Cortaro Road to extend the westbound right-turn lane along Cortaro Road, along with striping, curb &
gutter, and sidewalk modifications.
The attached intergovernmental agreement establishes the RTA's commitment to a financial
contribution in the amount of $200,000 to be used toward the cost of the Project. Upon its completion,
title to the Project improvements constructed as a result of the agreement shall vest in the Town and the
Town shall be responsible for the continued operation and maintenance of the improvements.
Financial Impact:
The RTA has approved $200,000 to improve the intersection capacity on Cortaro Road at Silverbell.
All funds will be from the RTA.
ATTACHMENTS:
Name: Description:
Type:
^ Gortaro._Road-Silverbell
Road RTA IGA Resolution.DOC Cortaro Road-Silverbell Road RTA IGA Resolution Resolution
^ 2009-06 IGA with RTA and
Marana draft _(2010-153- IGA with Region Transportation Authority Exhibit
025~.doc
^ EX A -RTA IGA exhibit A
Special Council Meeting -June 23, 2009 -Page 31 of 131
Cortaro Rd-Silverbell
Improyements_{2010-1_.5...3-025 RTA IGA exhibit A Cortaro Rd-Silverbell Improvements Extribit
{2).xls
Staff Recommendation:
Staff recommends the approval of Resolution No. 2009-100.
Suggested Motion:
I move to approve Resolution No. 2009-100, approving and authorizing the Mayor to execute the IGA
with the RTA to provide for funding of the Cortaro Road /Silverbell Road Intersection Improvement
Project.
Special Council Meeting -June 23, 2009 -Page 32 of 131
MARANA RESOLUTION N0.2009-100
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL
TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR DESIGN AND
CONSTRUCTION OF THE CORTARO ROAD / SILVERBELL ROAD INTERSECTION
IMPROVEMENT PROJECT
WHEREAS, A.R.S. § 48-5301, et seq., authorizes the Regional Transportation Authority
(RTA) to act as a regional taxing authority for the purpose of funding multi-model transportation op-
erations and improvements identified in the Regional Transportation Plan approved on May 16,
2006; and
WHEREAS, the RTA is authorized by A.R.S. § 48-5304 (16) and § 48-5308 to administer
and distribute the regional transportation funds to the members of the RTA and to sell bonds in fur-
therance of that purpose to fund those projects or programs identified in the Plan; and
WHEREAS, the Town of Marana and the RTA wish to cooperate in the construction, and the
RTA has committed to a financial contribution in the amount of $200,000 of improvements to the
Cortaro Road/Silverbell Road Intersection consisting of the minor widening of Cortaro Road for the
extension of aright-turn lane to increase capacity along westbound Cortaro Road at Silverbell Road,
along with striping, curb & gutter, and sidewalk. modifications; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of
the citizens of Marana to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and the
Regional Transportation Authority of Pima County attached to this resolution as Exhibit A is hereby
approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, conditions and objectives of the intergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
23rd day of June, 2009.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Speci~lo~B~~A~tir~g -June 23, 2009 -Page 33 of 131 RTA IGA Tangerine/Thornydatec
INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT
BETWEEN
THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY
AND
TOWN OF MARANA
FOR
DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO
CORTARO ROAD INTERSECTION IMPROVEMENTS AT SILVERBELL
This Agreement (hereinafter "the Agreement") is entered into by and between the Regional
Transportation. Authority of Pima County ("RTA" or "the Authority"), a special taxing district
formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the Town
of Marana ("the Lead Agency"), a body politic and corporate of the State of Arizona pursuant to
A.R.S. § 11-952.
RECITALS
A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for
the purpose of funding multi-model transportation operations and improvements
identified in the Regional Transportation Plan ("the Plan") approved by the voters at the
special election held in Pima County, Arizona, on May 16, 2006.
B. The governing board of the Authority is composed of representatives of each member of
the regional council of governments in accordance with A.R.S. § 48-5303.
C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole
authority to implement the elements of the Plan.
D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate
the implementation of the Plan among the local jurisdictions.
E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. §
48-5307 to be the repository for those funds collected for the purpose of funding the
transportation projects identified in the Plan.
F. The Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to administer and
distribute the regional transportation funds to the members of the Authority and to sell
bonds in furtherance of that purpose to fund those projects or programs identified in the
Plan.
Special Council Meeting -June 23, 2009 -Page 34 of 131
RTA Draft IGA 8/17/06 hg
G. The Lead Agency is authorized by A.R.S. § 11-251 (4) or A.R.S. § 9-240(B)(3) to design,
maintain, control and manage public roads within the Lead Agency's jurisdictional
boundaries.
H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima
County empowering the Lead Agency to perform roadway and other improvements
outside the Lead Agency's jurisdictional boundaries.
I. The Lead Agency and the Authority wish to cooperate in the design and construction of
improvements to the Cortaro Road Intersection Improvements at Silverbell ("the
Project").
J. The Project is one of the transportation projects included in the Plan or is eligible for
funding as part of a categorical program included in the Plan.
K. The Authority intends to fund the Project under the terms and conditions contained in
this Agreement and has entered into this Agreement for that purpose.
L. It is the policy of the Authority to require that a lead agency be identified and an
intergovernmental agreement (IGA) be approved and entered into by the Authority and
the lead agency before requests for funding reimbursement or payment can be processed
by the Authority.
M. The Town of Marana has been identified as the Lead Agency for the Project and will he
responsible for all aspects of project implementation including, but not limited to,
planning, project management, risk management, design, right of way acquisition and
construction, advertisement, award, execution and administration of the design and
construction contracts for the Project.
N. The RTA's Administrative Code will control all payments and other procedures unless
otherwise specified herein.
O. The Authority and the Lead Agency may contract for services and enter into agreements
with one another for joint and cooperative action pursuant to A.R.S. § I I-952, et seq.
NOW, THEREFORE, the Town of Marana and Authority, pursuant to the above and in
consideration of the matters and things set forth herein, do mutually agree as follows:
AGREEMENT
1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for
the design, construction, maintenance and operation of the Project and to address the legal and
administrative matters among the parties.
2. Project. The Project consists of improving capacity on westbound Cortaro Road at Silverbell
road by removing and relocating curb, gutter, sidewalk, roadway striping and pavement, as
more fully depicted in the attached Exhibit A, including the following:
Special Cou~cil ~eee~lg e~u~e ~~e~~~CC~gea~Clo~S,~edule.
RTA Draft IGA 8/17/06 hg 2
b) Project budget and cost breakdown of items eligible for reimbursement by the Authority
including any proposed billing of staff time directly attributable to Project.
c) Total amount of RTA funding allowed for the Project plus a breakdown of any other
regional, local, federal or state funding available.
d) Designation of Project phases, if applicable, and any additional related agreements.
e) Estimated construction start date and duration of construction.
f) Projected cost reimbursement timeline.
g) Identification of the Lead Agency's duly authorized representative for signing and
submitting payment requests.
3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed
original with the office of the Pima County Recorder and shall continue in effect until all
improvements constructed pursuant to this Agreement are completed, all eligible reimbursement
payments to the Lead Agency are concluded, and all warranties applicable to the Project have
expired.
4. Responsibilities of the Lead Agency.
a. The Lead Agency shall be responsible for the design, construction and/or installation
of the Project in accordance with this Agreement and all applicable public roadway,
traffic signal, and street lighting design and construction standards. Design Standards
are federal, state, county or municipal standards for engineering, traffic, safety or
public works facilities design. Examples of Design Standards include the American
Association of State Highway and Transportation Officials and Federal Highway
Administration standards for highway engineering and construction, the Pima
County/City of Tucson Standard Specifications for Public Improvements, the Pima
County Roadway Design Manual, October 2002 revision, the Pima County
Department of Transportation /City of Tucson Department of Transportation
Pavement Marking Design Manual, and Pima County and municipal design
guidelines for roadway lane widths and level of drainage protection.
b. If consultants or contractors are employed to perform any portion of the Project, the
Lead Agency shall be responsible for the contracts for design and construction of the
Project and shall select the consultants and contractors to be used on the Project. The
Lead Agency shall immediately provide to the Authority copies of any and all
contract documents and related materials upon request by the Authority. The Lead
Agency shall retain the usual rights of the owner of a public contract including the
authority to approve changes and make payments. However, any changes to the
Project which would result in the final project cost deviating, by ten or more percent,
from the Authority's budget amount for the Project, must be approved by the
Authority in advance of those changes being made, regardless of the fact that the
Authority will not be paying for them.
c. The Lead Agency shall be responsible for all traffic management, including public
notification, during construction of the Project.
d. The Lead Agency shall operate and maintain the improvements during and after
completion of construction.
Special Council Meeting -June 23, 2009 -Page 36 of 131
RTA Drag IGA 8/17/06 hg 3
e. The final cost of the Project shall be that amount necessary to complete the Project
including any unanticipated work incorporated into the Project by change orders and
amendments executed by the Lead Agency. The Lead Agency shall be responsible
for all Project costs in excess of the RTA funds contributed to the Project.
f. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire
property needed for the Project.
g. The Lead Agency will be responsible for assuming all risks associated with the
Project except those that are assigned to another agency or jurisdiction that has
agreed to that assumption.
h. The Lead Agency shall require its contractors performing any portion of the Project
to name the Authority as additional insured and additional indemnitee in all of the
Lead Agency's contracts for the Project. Specifically, the RTA shall be identified as
an additional insured with respect to insurance policies for general liability,
automobile liability and defects in design. The Lead Agency shall also require its
contractors to name the Authority as an additional beneficiary in any performance
and payment related assurances posted for the Project.
The Lead Agency shall be responsible for preparing and submitting to the Authority,
within the first week of each month or as otherwise specified herein, invoices for
payment signed by a duly authorized representative of the Lead Agency and which
include sufficient background information documenting payments made to
contractors, vendors or any other eligible costs identified in this Agreement or the
RTA's Administrative Code. The Lead Agency must retain and certify all vendor
receipts, invoices and any related Project records as needed and ensure that they are
available for review for a minimum of five (5) years after final payment is made
unless otherwise specified herein.
j. The Lead Agency shall be responsible for submitting a status report describing its
progress and adherence to the Project scope, schedule and budget with each request
for payment.
5. Responsibilities of Authority.
a. Upon receipt of authorized payment requests, the Authority shall convey to the Lead
Agency RTA funds in the amount specified in Exhibit A (or subsequent exhibits) on a
reimbursement basis unless otherwise specified herein. All payments and
reimbursements shall follow the policies outlined in the RTA's Administrative Code.
b. Reimbursements will generally be based on the Project schedules established by the
Lead Agency and contained in Exhibit A (or subsequent exhibits).
c. The RTA staff will review all payment requests to confirm that the request is for
reimbursement of costs incurred by the Lead Agency for the Project. If the Authority
determines that additional information is needed, the Lead agency will be notified of
the request for additional information within five days of the receipt of the invoice by
Special Council Meeting-u ne 23, 2009 -Page 37 of 131
RTA Draft IGA 8/17/06 hg 4
d. Upon approval of the request by RTA, the invoice will be processed for payment
within ten working days of the invoice submittal.
6. Termination. Either party may terminate this Agreement for material breach of the
Agreement by the other party. Prior to any termination under this paragraph, the party allegedly
in default shall be given written notice by the other party of the nature of the alleged default. The
party said to be in default shall have forty-five days to cure the default. If the default is not cured
within that time, the other party may terminate this Agreement. Any such termination shall not
relieve either party from liabilities or costs already incurred under this Agreement.
7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement
to any other party without written permission from the other party to this Agreement.
8. Construction of Agreement.
a. Entire agreement. This instrument constitutes the entire agreement between the
parties pertaining to the subject matter hereof, and all prior or contemporaneous
agreements and understandings, oral or written, are hereby superseded and merged
herein. Any exhibits to this Agreement are incorporated herein by this reference.
b. Amendment. This Agreement may be modified, amended, altered or changed only by
written agreement signed by both parties.
c. Construction and interpretation. All provisions of this Agreement shall be construed
to be consistent with the intention of the parties as expressed in the Recitals hereof.
d. Captions and headings. The headings used in this Agreement are for convenience
only and are not intended to affect the meaning of any provision of this Agreement.
Severability. In the event that any provision of this Agreement or the application
thereof is declared invalid or void by statute or judicial decision, such action shall
have no effect on other provisions and their application, which can be given effect
without the invalid or void provision or application, and to this extent the provisions
of the Agreement are severable. In the event that any provision of this Agreement is
declared invalid or void, the parties agree to meet promptly upon request of the other
party in an attempt to reach an agreement on a substitute provision.
f. This Agreement is subject to the provisions of A.R.S. § 38-511.
9. Ownership of Improvements. Ownership and title to all materials, equipment and
appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency
upon completion of the Project.
10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or
extending the legal jurisdiction of the Lead Agency or the Authority.
11. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this
A~reen~. shad )~e~~r~d t~ c~~te any partnership, joint venture or employment
Special unci ee mg - un age 8 0
RTA Draft IGA 8/17/06 hg 5
relationship between the parties or create any employer-employee relationship between the Lead
Agency and any Authority employees, or between Authority and any Lead Agency employees.
Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever
of the other, including (without limitation) the other party's obligation to withhold Social
Security and income taxes for itself or any of its employees.
12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties not parties to this Agreement or affect the
legal liability of either party to the Agreement by imposing any standard of care different from
the standard of care imposed by law.
13. Compliance with Laws. The parties shall comply with all applicable federal,. state and local
laws, rules, regulations, standards and executive orders, without limitation to those designated
within this Agreement.
a. Anti-Discrimination. The provisions of A.R.S. ' 41-1463 and Executive Order
Number 99-4 issued by the Governor of the State of Arizona are incorporated by this
reference as a part of this Agreement.
b. Americans with Disabilities Act. This Agreement is subject to 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 28 CFR Parts 35 and 36.
c. Workers' Compensation. An employee of either party shall be deemed to be an
"employee" of both public agencies, while performing pursuant to this Agreement, for
purposes of A.R.S. ' 23-1022 and the Arizona Workers' Compensation laws. The
primary employer shall be solely liable for any workers' compensation benefits, which
may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. ' 23-
1022(E) in substantially the following form:
All employees are hereby further notified that they may be required to
work under the jurisdiction or control or within the jurisdictional
boundaries of another public agency pursuant to an intergovernmental
agreement or contract, and under such circumstances they are deemed by
the laws of Arizona to be employees of both public agencies for the
purposes of workers' compensation.
14. Waiver. Waiver by either party of any breach of any term, covenant or condition herein
contained shall not be deemed a waiver of any other term, covenant or condition, or any
subsequent breach of the same or any other term, covenant, or condition herein contained.
15. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any
of its obligations under this Agreement because it is prevented or delayed in doing so by reason
of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this
Agreement, any cause beyond the control of the party affected, including but not limited to
failure of facilities, breakage or accident to machinery or transmission facilities, weather
conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage,
strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or
speci~~d~~iAJ~'e~fi?~-@~~b~`+~ bodies in approving or failing to act upon applications for
RTA Draft IGA 8/17/06 hg 6
approvals or permits which are not due to the negligence or willful action of the parties, order of
any government officer or court (excluding orders promulgated by the parties themselves), and
declared local, state or national emergency, which, by exercise of due diligence and foresight,
such party could not reasonably have been expected to avoid. Either party rendered unable to
fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove
such inability with all reasonable dispatch.
16. Notification. All notices or demands upon any party to this Agreement shall be in writing,
unless other forms are designated elsewhere, and shall be delivered in person or sent by mail
addressed as follows:
The Authority:
The Town of Marana_
General Manager, Public Services
11555 West Civic Center Dr.
Marana, Arizona 85653
17. Remedies. Either party may pursue any remedies provided by law for the breach of this
Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each
shall be cumulative and in addition to any other right or remedy existing at law or in equity or by
virtue of this Agreement.
18. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. The signature pages from one or more counterpart may be removed from such
counterpart and attached to a single instrument.
In Witness Whereof, Town of Marana has caused this Agreement to be executed by the
upon resolution of the attested to by the
and the Authority has caused this Agreement to be executed by its Chair of the
Board.
REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY
Ed Honea, Board Chair
Date
Town of Marana:
Barbara Johnson, General Manager, Public Services Date
ATTEST:
Jocelyn C. Bronson, Town Clerk
Date
The fo~nrego,,~~ing Agrehement betweenP~T}own of Marana and the Authority has been approved as to
Speciaef~ounc'irlS~leeting -~une 73v~~~age ~o~f~131y the undersigned.
RTA Draft IGA 8/17/06 hg 7
Mr. Gary Hayes, Executive Director
ATTORNEY CERTIFICATION
The foregoing Agreement by and between the Regional Transportation Authority of Pima
County and Town of Marana has been reviewed pursuant to A.R.S. Section 11-952 by the
undersigned who have determined that it is in proper form and is within the powers and authority
granted under the laws of the State of Arizona to those parties to the Agreement.
Regional Transportation Authority of Pima County:
Thomas Benavidez, Attorney for the Authority Date
Town of Marana:
Frank Cassidy, Town Attorney Date
Special Council Meeting -June 23, 2009 -Page 41 of 131
RTA Draft IGA 8/17/06 hg $
Regional Transportation Authority of Pima County
Exhibit A
1 RTA Ballot/Project Number:
2 RTA Plan Element:
3 RTA Plan Sub-Element (if applicable):
4 TIP Project Number:
5 Project Name:
6 Work Phase Covered by this Exhibit:
(check all that apply)
II-36
Safety Element
N/A
32.09
Cortaro Road Intersection Improvements at
Silverbell Road
Planning
Design x
Right of Way
Construction ~~
Project Management X
Environmental/Other x
7 Project Manager Information (person responsible for status reports):
Name: Scott Leska
Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653
Telephone Number: 382-2600
Fax. Number: 382-2641
Email Address: sleska(a~marana.com
8 Authorized Representative(s) (for signin g & submitting pay requests):
Name: Scott Leska
Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653
Telephone Number: 382-2600
Fax. Number: 382-2641
Email Address: sleska(a~marana.com
Name: Ryan Benavides
Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653
Telephone Number: 382-2600
Fax. Number: 382-2641
Email Address: rbenavides(a)marana.com
9 Map of Project Limits Attached? Attached
Special Council Meeting -June 23, 2009 -Page 42 of 131
1 of 3
Regional Transportation Authority of Pima County
Exhibit A
10 Narrative Description of Project Scope,
including improvements to be made
and project intent (discuss how
project will address problematic areas):
e Town of Marana will widen Cortaro Road just east of Silverbell to
;lude new curb and gutter, striping and sidewalks in order to extend
length of a right-turn lane. The improvements will enhance the
paciry and safety at the intersection.
11 Total maximum amount of Authority
funding allowed for the Projector Project
component under this Exhibit:
12 Project Budget (current year dollars)
Planning
Design
Right of Way
Construction
Project Management
Environmental/Other
Total Project Budget (all funding sources):
13 Project Budget by Funding Source
Planning
Design
Right of Way
Construction
Project Management
Environmental/Other
Total Project Funding (must equal no. 11)
14 Funding Sources (current year dollars):
RTA
STP
12.6 Funds
2.4 Funds
Impact Fees
Bond Funds
General Fund
Fare Box Revenue
FTA Funds
Other
Total Funding Sources (must equal no. 11):
Special Council Meeting -June 23, 2009 -Page 43 of 131
$200,000
In-House Outsourced Total
$0
$18,500 $18,500
$0
$175,000 $175,000
$5,000 $5,000
$1,500 $1,500
$6,500 $193,500 $200,000
RTA Non-RTA Total.
$0
$20,000 $20,000
$0
$175,000 $175,000
$5,000 $5,000
$0
$200,000 $0 $200,000
2of3
$200,000
Regional Transportation Authority of Pima County
Exhibit A
15 Identify other project components not covered by this agreement (if any):
None
16 Estimated construction start date and Start of construction is estimated for December 2009 and will
duration of construction: most likely last for approximatly 30-60 days.
17 Expected Reimbursement Schedule: Calendar Year Calendar Year Calendar Year
(related to this exhibit amount only) 2009 2010 2011
January $95,000
February
March
April
May
June
July
August $5,000
September $10,000
October $10,000
November $5,000
December $75,000
Total $105,000 $95,000 $0
Special Council Meeting -June 23, 2009- Page 44 of 131
3of3
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council Item C 7
From: Scott Leska , CIP Engineering Division Manager
Strategic Plan Focus Area:
Commerce
Strategic Plan Focus Area -Additional Information:
This project is to provide a study for the RTA approved widening of the Tangerine Road Corridor
between I-10 and La Canada. This will improve roadway capacity for population and economic growth.
Subject: Resolution No. 2009-101: Relating to Public Works; approving and authorizing the Mayor
to execute an intergovernmental agreement between the Regional Transportation Authority
and the Town of Marana for the design concept study of the Tangerine Road Improvement
Project between I-10 and La Canada Drive
Discussion:
The Town of Marana and the Regional Transportation Authority (RTA) are authorized by state statute to
work together on capital improvement projects. The Town of Marana is committed to the construction
and maintenance of the Tangerine Road Improvement Project between I-10 and eastern Town
limits. Oro Valley and Pima County are committed to the construction and maintenance of the Tangerine
Road Improvement Project between the Town of Marana's eastern Town limits to La Canada Drive, and
the RTA has expressed its desire to cooperate in the project as well.
The Project includes the development of a design concept study in conjunction with the Town of Oro
Valley and Pima County. The project study will include but not be limited to the items listed below:
A. Traffic Impact Analysis
B. Access Management Report
C. Level of Service analysis for roadway segments and intersections
D. Geometric and operational requirements (including, but not limited to: number of lanes [turn-lane
needs (left, right or combinations thereof), through lanes], lane widths, and signalization needs
E. Cross Sections of Roadway Requirements:
i. MARANA's approved cross section(s) shall be utilized between I-10 and MARANA's eastern
jurisdictional limits
ii. A transition section will be utilized between MARANA's eastern jurisdictional limits and ORO
VALLEY'S western jurisdictional limits
iii. ORO VALLEY's approved cross section(s) shall be utilized between the western ORO
VALLEY jurisdictional limits and La Canada Drive
F. Right(s)-of--way and easement(s), existing and proposed, associated with the roadway improvements
G. Multi-Modal needs of the roadway as directed by all parties involved, including:
i. Public transit pull-outs
ii. Paved multi-use path
Special Council Meeting -June 23, 2009 -Page 45 of 131
iii. Multi-use lanes
iv. Sidewalks
H. Drainage needs for the proposed design
i. Sizing of drainage facilities to also be determined based on recommendations resulting from
wildlife crossing evaluation that is to be performed in conjunction with the overall project development
I. Utility adjustments, relocations, abandonments in place, removals, and new construction
requirements
J. Environmental and Archeology, including:
i. Wildlife Linkages Study -determine appropriate locations and sizes for wildlife crossings to
make sure they are consistent with Marana's Preliminary Habitat Conservation Plan
ii. Sonoran Desert Conservation Plan on Tangerine Road Scenic Corridor Overlay District
iii. Clean Water Act, Section 404 - complete a jurisdictional delineation and other preliminary
compliance documents
iv. Archeology -complete an archeology study and other preliminary archeology work along with
recommendations associated therewith
K. Provide a probable Estimate of Construction Cost(s) for the roadway improvements with
discussions relative to escalation of cost(s) with respect to out years
The attached intergovernmental agreement establishes the RTA's commitment to a financial
contribution in the amount of $2,000,000 to be used toward the cost of the Project. Upon its completion,
the Town will have direction as to how to proceed with the design and construction of the RTA directed
Tangerine Road Corridor.
Financial Impact:
The RTA has committed $2,000,000 for the corridor study. This money will be used for internal staff
working on the project as well as outside consultants conducting the study. No impact will be made to
the Town's general fund.
ATTACHMENTS:
Name:
^ Tangerine_Road._Corridor
RTA_IGA Resolution.DOC
^ EX A - 2009 IGA with RTA
for 1-10 to La Canada Dr.doc
Description:
Type:
Tangerine Road Corridor Regional Transportation Agreement IGA
Resolution Resolution
IGA with RTA
Exhibit
^ RTA IGA exhibit_A_Tangerne
Rd Cooridaor_(2005-061 .xls RTA IGA exhibit A Tangerine Rd Cooridaor
Staff Recommendation:
Exhibit
Staff recommends the approval of Resolution No. 2009-101, approving and authorizing the Mayor to
execute the intergovernmental agreement with the RTA to provide for funding of the Tangerine Road
Corridor Improvement Project.
Suggested Motion:
I move to approve Resolution No. 2009-101, approving and authorizing the Mayor to execute an
intergovernmental agreement between the Regional Transportation Authority and the Town of Marana
for the design concept study of the Tangerine Road Improvement Project between I-10 and La Canada
Drive.
Special Council Meeting -June 23, 2009 -Page 46 of 131
MARANA RESOLUTION N0.2009-101
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL
TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR THE DESIGN
CONCEPT STUDY OF THE TANGERINE ROAD IMPROVEMENT PROJECT BETWEEN I-10
AND LA CANADA DRIVE
WHEREAS, A.R.S. § 48-5301, et seq., authorizes the Regional Transportation Authority
(RTA) to act as a regional taxing authority for the purpose of funding multi-model transportation op-
erations and improvements identified in the Regional Transportation Plan approved on May 16,
2006; and
WHEREAS, the RTA is authorized by A.R.S. § 48-5304 (16) and § 48-5308 to administer
and distribute the regional transportation funds to the members of the RTA and to sell bonds in fur-
therance of that purpose to fund those projects or programs identified in the Plan; and
WHEREAS, the Town of Marana and the RTA wish to cooperate in the construction, and the
RTA has committed to a financial contribution in the amount of $2,000,000 of improvements to the
Design Concept Study of the Tangerine Road Improvement Project between I-10 and La Canada
Drive consisting of the study on traffic impacts, access management, geometric and operational ef-
fects, right-of--way requirements, multi-modal needs, drainage requirements, wildlife linkages, utility
relocation requirements, and environmental impacts; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of
the citizens of Marana to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE
TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and the
Regional Transportation Authority of Pima County attached to this resolution as Exhibit A is hereby
approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, conditions and objectives of the intergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
23rd day of June, 2009.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Special Council Meeting -June 23, 2009 -Page 47 of 131
EXHIBIT A
INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT
BETWEEN
THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY
AND
THE TOWN OF MARANA
FOR
DESIGN AND CONSTRUCTION OF IMPROVEMENTS FOR A
DESIGN CONCEPT STUDY OF
TANGERINE ROAD - I-10 TO~LA CANADA DRIVE
This Agreement (hereinafter "the Agreement") is entered into by and between the Regional
Transportation Authority of Pima County ("RTA" or "the Authority"), a special taxing district
formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and The Town
of Marana ("the Lead Agency"), a body politic and corporate of the State of Arizona pursuant to
A.R.S. § 11-952.
RECITALS
A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for
the purpose of funding multi-model transportation operations and improvements
identified in the Regional Transportation Plan ("the Plan") approved by the voters at the
special election held in Pima County, Arizona, on May 16, 2006.
B. The governing board of the Authority is composed of representatives of each member of
the regional council of governments in accordance with A.R.S. § 48-5303.
C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole
authority to implement the elements of the Plan.
D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate
the implementation of the Plan among the local jurisdictions.
E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. §
48=5307 to be the repository for those funds collected for the purpose of funding the
transportation projects identified in the Plan.
F. The Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to administer and
distribute the regional transportation funds to the members of the Authority and to sell
bonds in furtherance of that purpose to fund those projects or programs identified in the
Plan.
Special Council Meeting -June 23, 2009 -Page 48 of 131
RTA Draft IGA 8/17/06 hg
EXHIBIT A
G. The Lead Agency is authorized by A.R.S. § 11-251 (4) or A.R.S. § 9-240(B)(3) to design,
maintain, control and manage public roads within the Lead Agency's. jurisdictional
boundaries.
H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima
County empowering the Lead Agency to perform roadway and other improvements
outside the Lead Agency's jurisdictional boundaries.
I. The Lead Agency and the Authority wish to cooperate in the design and construction of
improvements to the Tangerine Road - I-10 To La Canada Drive ("the Project").
J. The Project is one of the transportation projects included in the Plan or is eligible for
funding as part of a categorical program included in the Plan.
K. The Authority intends to fund the Project under the terms and conditions contained in
this Agreement and has entered into this Agreement for that purpose.
L. It is the policy of the Authority to require that a lead agency be identified and an
intergovernmental agreement (IGA) be approved and entered into by the Authority and
the lead agency before requests for funding reimbursement or payment can be processed
by the Authority.
M. The Town of Marana has been identified as the Lead Agency for the Project and will be
responsible for all aspects of project implementation including, but not limited to,
planning, project management, risk management, design, right of way acquisition and
construction, advertisement, award, execution and administration of the design and
construction contracts for the Project.
N. The RTA's Administrative Code will control all payments and other procedures unless
.otherwise specified herein.
O. The Authority and the Lead Agency may contract for services and enter into agreements
with one another for joint and cooperative action pursuant to A.R.S. § 11-952, et seq.
NOW, THEREFORE, the Town of Marana and Authority, pursuant to the above and in
consideration of the matters and things set forth herein, do mutually agree as follows:
AGREEMENT
1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for
the design, construction, maintenance and operation of the Project and to address the legal and
administrative matters among the parties.
2. Project. The Project consists of conducting a design concept study, as more fully depicted in
the attached Exhibit A, including the following:
a) Detailed project scope and schedule.
b) Project budget and cost breakdown of items eligible for reimbursement by the Authority
including any proposed billing of staff time directly attributable to Project.
Special Council Meeting -June 23, 2009 -Page 49 of 131
RTA Drag IGA 8/17/06 hg 2
EXHIBIT A
c) Total amount of RTA funding allowed for the Project plus a breakdown of any other
regional, local, federal or state funding available.
d) Designation of Project phases, if applicable, and any additional related agreements.
e) Estimated construction start date and duration of construction.
f) Projected cost reimbursement timeline.
g) Identification of the Lead Agency's duly authorized representative for signing and
submitting payment requests.
3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed
original with the office of the Pima County Recorder and shall continue in effect until all
improvements constructed pursuant to this Agreement are completed, all eligible reimbursement
payments to the Lead Agency are concluded, and all warranties applicable to the Project have
expired.
4. Responsibilities of the Lead Agency.
a. The Lead Agency shall be responsible for the design, construction and/or installation
of the Project in accordance with this Agreement and all applicable public roadway,
traffic signal, and street lighting design and construction standards. Design Standards
are federal, state, county or municipal standards for engineering, traffic, safety or
public works facilities design. Examples of Design Standards include the American
Association of State Highway and Transportation Officials and Federal Highway
Administration standards for highway engineering and construction, the Pima
County/City of Tucson Standard Specifications for Public Improvements, the Pima
County Roadway Design Manual, October 2002 revision, the Pima County
Department of Transportation /City of Tucson Department of Transportation
Pavement Marking Design Manual, and Pima County and municipal design
guidelines for roadway lane widths and level of drainage protection.
b. If consultants or contractors are employed to perform any portion of the Project, the
Lead Agency shall be responsible for the contracts for design and construction of the
Project and shall select the consultants and contractors to be used on the Project. The
Lead Agency shall immediately provide to the Authority copies of any and all
contract documents and related materials upon request by the Authority. The Lead
Agency shall retain the usual rights of the owner of a public contract including the
authority to approve changes and make payments. However, any changes to the
Project which would result in the final project cost deviating, by ten or more percent,
from the Authority's budget amount for the Project, must be approved by the
Authority in advance of those changes being made, regardless of the fact that the
Authority will not be paying for them.
c. The Lead Agency shall be responsible for all traffic management, including public
notification, during construction of the Project.
d. The Lead Agency shall operate and maintain the improvements during and after
completion of construction.
e. The final cost of the Project shall be that amount necessary to complete the Project
Special Council Meeting ~llu~e~~ ~age~~i~~t~~d work incorporated into the Project by change orders and
RTA Draft IGA 8/17/06 hg 3
EXHI81 T A
amendments executed by the Lead Agency. The Lead Agency shall be responsible
for all Project costs in excess of the RTA funds contributed to the Project.
f. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire
property needed for the Project.
g. The Lead Agency will be responsible for assuming all risks associated with the
Project except those that are assigned to another agency or jurisdiction that has
agreed to that assumption.
h. The Lead Agency shall require its contractors performing any portion of the Project
to name the Authority as additional insured and additional indemnitee in all of the
Lead Agency's contracts for the Project. Specifically, the RTA shall be identified as
an additional insured with respect to insurance policies for general liability,
automobile liability and defects in design. The Lead Agency shall also require its
contractors to name the Authority as an additional beneficiary in any performance
and payment related assurances posted for the Project.
i. The Lead Agency shall be responsible for preparing and submitting to the Authority,
within the first week of each month or as otherwise specified herein, invoices for
payment signed by a duly authorized representative of the Lead Agency and which
include sufficient background information documenting payments made to
contractors, vendors or any other eligible costs identified in this Agreement or the
RTA's Administrative Code. The Lead Agency must retain and certify all vendor
receipts, invoices and any related Project records as needed and ensure that they are
available for review for a minimum of five (5) years after final payment is made
unless otherwise specified herein.
j. The Lead Agency shall be responsible for submitting a status report describing its
progress and adherence to the Project scope, schedule and budget with each request
for payment.
5. Responsibilities of Authority.
a. Upon receipt of authorized payment requests, the Authority shall convey to the Lead
Agency RTA funds in the amount specified in Exhibit A (or subsequent exhibits) on a
reimbursement basis unless otherwise specified herein. All payments and
reimbursements shall follow the policies outlined in the RTA's Administrative Code.
b. Reimbursements will generally be based on the Project schedules established by the
Lead Agency and contained in Exhibit A (or subsequent exhibits).
c. The RTA staff will review all payment requests to confirm that the request is for
reimbursement of costs incurred by the Lead Agency for the Project. If the Authority
determines that additional information is needed, the Lead agency will be notified of
the request for additional information within five days of the receipt of the invoice by
RTA.
Special Council Meeting -June 23, 2009 -Page 51 of 131
RTA Drag IGA 8/17/06 hg 4
EXHI81 T A
d. Upon approval of the request by RTA, the invoice will be processed for payment
within ten working days of the invoice submittal.
6. Termination. Either party may terminate this Agreement for material breach of the
Agreement by the other party. Prior to any termination under this paragraph, the party allegedly
in default shall be given written notice by the other party of the nature of the alleged default. The
party said to be in default shall have forty-five days to cure the default. If the default is not cured
within that time, the other party may terminate this Agreement. Any such termination shall not
relieve either party from liabilities or costs already incurred under this Agreement.
7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement
to any other party without written permission from the other party to this Agreement.
8. Construction of Agreement.
a. Entire agreement. This instrument constitutes the entire agreement between the
parties pertaining to the subject matter hereof, and all prior or contemporaneous
agreements and understandings, oral or written, are hereby superseded and merged
herein. Any exhibits to this Agreement are incorporated herein by this reference.
b. Amendment. This Agreement may be modified, amended, altered or changed only by
written agreement signed by both parties.
c. Construction and interpretation. All provisions of this Agreement shall be construed
to be consistent with the intention of the parties as expressed in the Recitals hereof.
d. Captions and headings. The headings used in this Agreement are for convenience
only and are not intended to affect the meaning of any provision of this Agreement.
e. Severability. In the event that any provision of this Agreement or the application
thereof is declared invalid or void by statute or judicial decision, such action shall
have no effect on other provisions and their application, which can be given effect
without the invalid or void provision or application, and to this extent the provisions
of the Agreement are severable. In the event that any provision of this Agreement is
declared invalid or void, the parties agree to meet promptly upon request of the other
party in an attempt to reach an agreement on a substitute provision.
£ This Agreement is subject to the provisions of A.R.S. § 38-511.
9. Ownership of Improvements. Ownership and title to all materials, equipment and
appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency
upon completion of the Project.
10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or
extending the legal jurisdiction of the Lead Agency or the Authority.
11. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this
APPgreem~~e~~nt shat~llwbe ctohnstrue~d to, create any partnership, joint venture or employment
Specia~l'C~uncillGl`ee~ing eJunB z3, ~0~9pFage~~otrT§~fate any employer-employee relationship between the Lead
RTA Draft IGA 8/17/06 hg 5
EXHI81 T A
Agency and any Authority employees, or between Authority and any Lead Agency employees.
Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever
of the other, including (without limitation) the other party's obligation to withhold Social
Security and income taxes for itself or any of its employees.
12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties not parties to this Agreement or affect the
legal liability of either party to the Agreement by imposing any standard of care different from
the standard of care imposed by law.
13. Compliance with Laws. The parties shall comply with all applicable federal, state and local
laws, rules, regulations, standards and executive orders, without limitation to those designated
within this Agreement.
a. Anti-Discrimination. The provisions of A.R.S. ' 41-1463 and Executive Order
Number 99-4 issued by the Governor of the State of Arizona are incorporated by this
reference as a part of this Agreement.
b. Americans with Disabilities Act. This Agreement is subject to 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 28 CFR Parts 35 and 36.
c. Workers' Compensation. An employee of either party shall be deemed to be an
"employee" of both public agencies, while performing pursuant to this Agreement, for
purposes of A.R.S. ' 23-1022 and the Arizona Workers' Compensation laws. The
primary employer shall be solely liable for any workers' compensation benefits, which
may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. ' 23-
1022(E) in substantially the following form:
All employees are hereby further notified that they may be required to
work under the jurisdiction or control or within the jurisdictional
boundaries of another public agency pursuant to an intergovernmental
agreement or contract, and under such circumstances they are deemed by
the laws of Arizona to be employees of both public agencies for the
purposes of workers' compensation.
14. Waiver. Waiver by either party of any breach of any term, covenant or condition herein
contained shall not be deemed a waiver of any other term, covenant or condition, or any
subsequent breach of the same or any other term, covenant, or condition herein contained.
15. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any
of its obligations under this Agreement because it is prevented or delayed in doing so by reason
of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this
Agreement, any cause beyond the control of the party affected, including but not limited to
failure of facilities, breakage or accident to machinery or transmission facilities, weather
conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage,
strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or
action or non-action by governmental bodies in approving or failing to act upon applications for
Special14~~€ek?iKgp@Cklebt~~,~~i~lp~'~ ~e to the negligence or willful action of the parties, order of
RTA Draft IGA 8/17/06 hg 6
EXHI81 T A
any government officer or court (excluding orders promulgated by the parties themselves), and
declared local, state or national emergency, which, by exercise of due diligence and foresight,
such party could not reasonably have been expected to avoid. Either party rendered unable to
fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove
such inability with all reasonable dispatch.
16. Notification. All notices or demands upon any party to this Agreement shall be in writing,
unless other forms are designated elsewhere, and shall be delivered in person or sent by mail
addressed as follows:
The Authority:
The Town of Marana:
General Manager, Public Services
11555 West Civic Center Dr.
Marana, Arizona 85653
17. Remedies. Either party may pursue any remedies provided by law for the breach of this
Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each
shall be cumulative and in addition to any other right or remedy existing at law or in equity or by
virtue of this Agreement.
18. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. The signature pages from one or more counterpart may be removed from such.
counterpart and attached to a single instrument.
In Witness Whereof, the Town of Marana has caused this Agreement to be executed by
the ,upon resolution of the attested to by the
and the Authority has caused this Agreement to be executed by its Chair of the
Board.
REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY
Ed Honea, Board Chair
Date
Town of Marana:
Barbara Johnson, General Manager, Public Services Date
ATTEST:
Jocelyn C. Bronson, Town Clerk Date
The foregoing Agreement between Town of Marana and the Authority has been approved as to
content and is hereby recommended by the undersigned.
Special Council Meeting -June 23, 2009 -Page 54 of 131
RTA Draft IGA 8/17/06 hg ~
EXHI81 T A
Mr. Gary Hayes, Executive Director Date
ATTORNEY CERTIFICATION
The foregoing Agreement by and between the Regional Transportation Authority of Pima
County and Town of Marana has been reviewed pursuant to A.R.S. Section 11-952 by the
undersigned who have determined that it is in proper form and is within the powers and authority
granted under the laws of the State of Arizona to those parties to the Agreement.
Regional Transportation Authority of Pima County:
Thomas Benavidez, Attorney for the Authority Date
Town of Marana:
Frank Cassidy, Town Attorney
Special Council Meeting -June 23, 2009 -Page 55 of 131
Date
RTA Draft IGA 8/17/06 hg $
Regional Transportation Authority of Pima County
Exhibit A
1 RTA Ballot/Project Number:
2 RTA Plan Element:
3 RTA Plan Sub-Element (if applicable):
4 TIP Project Number:
I-1
Roadway Improvement
N/A
5 Project Name:
Tangerine Road, I-10 to La Canada Drive
Work Phase Covered by this Exhibit:
(check all that apply)
Planning X
Design
Right of Way
Construction
Project Management X
Environmental/Other X
7 Project Manager Information (person responsible for status reports):
Name: Scott Leska
Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653
Telephone Number: 382-2600
Fax. Number: 382-2641
Email Address: sleska(c~marana.com
8 Authorized Representative(s) (for signing 8~ submitting pay requests):
Name:
Mailing Address:
Telephone Number:
Fax. Number:
Email Address:
Name:
Mailing Address:
Telephone Number:
Fax. Number:
Email Address:
9 Map of Project Limits Attached?
Special Council Meeting -June 23, 2009 -Page 56 of 131
Scott Leska
11555 W. Civic Center Drive, Marana, AZ 85653
382-2600
382-2641
sleska(a~marana.com
Ryan Benavides
11555 W. Civic Center Drive, Marana, AZ 85653
382-2600
382-2641
rbenavides(a~marana.com
Attached
1 of 5
Regional Transportation Authority of Pima County
Exhibit A
10 Narrative Description of Project Scope,
including improvements to be made
and project intent (discuss how
project will address problematic areas):
e Town of Marana proposes to study the proposed project for widening
ngerine to a 4-lane divided desert parkway. The project elements
Auld include bide lanes, drainage lanes, turn lanes, intersection
~rovements, and sidewalks.
11 Total maximum amount of Authority
funding allowed for the Projector Project $2,000,000
component under this Exhibit:
12 Project Budget (current year dollars): In-House Outsourced Total
Planning $150,000 $1,590,000 $1,740,000
Design $0
Right of Way $0
Construction $0
Project Management $200,000 $200,000
Environmental/Other $60,000 $60,000
Total Project Budget (all funding sources): $350,000 $1,650,000 $2,000,000
13 Project Budget by Funding Source RTA Non-RTA Total
Planning $1,740,000 $1,740,000
Design $0
Right of Way $0
Construction $0
Project Management $200,000 $200,000
Environmental/Other $60,000 $60,000
Total Project Funding (must equal no. 11)
14 Funding Sources (current year dollars):
RTA
STP
12.6 Funds
2.4 Funds
Impact Fees
Bond Funds
General Fund
Fare Box Revenue
FTA Funds
Other
Total Funding Sources (must equal no. 11):
$2,000,000 $0 $2,000,000
Special Council Meeting -June 23, 2009 -Page 57 of 131
2of5
$2,000,000
Regional Transportation Authority of Pima County
Exhibit A
15
Identify other project components not covered by this agreement (if any):
None
16 Estimated construction start date and Start of construction is estimated for 2017 and will most likely
duration of construction: be in three phases for a total construction time of 3 years.
17 Expected Reimbursement Schedule: Calendar Year Calendar Year Calendar Year
(related to this exhibit amount only) 2009 2010 2011
January $115,000 $115,000
February $115,000 $115,000
March $115,000 $105,000
April $115,000 $100,000
May $115,000
June $115,000
July $115,000
August $115,000
September $115,000
October $115,000
November $60,000 $115,000
December $125,000 $115,000
Total $185,000 $1,380,000 $435,000
Special Council Meeting -June 23, 2009 -Page 58 of 131
3 of 5
Regional Transportation Authority of Pima County
Payment Request
Invoice Period:
Project Name:
Project Sponsor/Lead Agency:
RTA Ballot/Project Number:
TIP Project Number:
RTA Plan Element:
Project Description:
Project Location:
Project Phase:
Proiect Budaet:
Planning
Design
Right of Way
Construction
Project Management
Environmental/Other
Total Project Budget (all funding sources)
Exoenditures to Date:
Planning
Design
Right of Way
Construction
Project Management
Environmental/Other
Total Expenditures to Date:
Total Funding/Expenditures to Date By:
(including this RTA pay request)
Amount of this Request:
Special Council Meeting -June 23, 2009 -Page 59 of 131
Outsourced In-House Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00 $0.00 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00 $0.00 $0.00
Lead Agency RTA Total
$0.00
4of5
Regional Transportation Authority of Pima County
Payment Request
Project Status
Complete
On-Schedule
(if no, explain below)
Planning
Design
Right of Way
Construction
Project Management
Environmental/Other
Project Comments, Status, etc.
Certification:
Signed By:
Title:
Date:
For RTA Use Only
1 certify that the information contained in this pay request
is true and accurate. 1 further certify that RTA funds have
been expended in accordance with applicable RTA statutes.
RTA funds are available in the current year budget:
Project funding has been authorized in the current TIP:
IGA/Project Agreement has been executed:
Additional Insured/Beneficiary documentation provided:
Sufficient documentation provided:
RTA Approval 8~ Title
Date:
Special Council Meeting -June 23, 2G09 -Page 60 of 131
Yes
0 No
0 0
0
0
5of5
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council
From: Frank Cassidy ,Town Attorney
Strategic Plan Focus Area:
Progress and Innovation
Item C 8
Subject: Resolution No. 2009-102: Relating to Technology Services; approving and authorizing the
Mayor to execute a Beacon Hill Telecommunications Site Sublease Agreement with Simply
Bits, LLC and a First Amendment to Beacon Hill Communications Site Lease and Settlement
Agreement with the Estate of Irene Welter, deceased; and establishing an effective date
Discussion:
In early 2005, the Town and the Estate of Irene Welter, deceased, entered into a lease for the Town's use
of certain premises located on Beacon Hill. Communications equipment used by and for the benefit of
the Town of Marana and the Marana Police Department are located on Beacon Hill. The Welter lease
did not allow the Town to permit the premises to be used for third-parry communications.
In August or September 2006, some of the Town's equipment on Beacon Hill failed, and the Town
allowed its vendor, Simply Bits, to install new equipment on the premises. Simply Bits installed the
equipment on the basis that it would be able to use it not only for the Town's purposes, but also to
provide service to third parties. Since that time, the Simply Bits equipment has been operating on
Beacon Hill.
In Spring 2009, while negotiating tower lease agreements with Simply Bits for the use of Town-owned
towers at the Marana Operations Center and the Marana Municipal Complex, Town staff realized that
the Simply Bits equipment on Beacon Hill was operating in violation of the Welter lease. Since that
time, Town staff has negotiated a settlement with Welter under which the Town would pay Welter
$6,420 in settlement for the unauthorized use of the Beacon Hill premises through June 30, 2009, when
the Town's current agreement with Simply Bits is scheduled to end.
During the negotiations, Bill Welter, the personal representative of the Estate of Irene Welter, expressed
a willingness to allow the Simply Bits equipment to remain on the Town's leased premises on Beacon
Hill pursuant to a Sublease, as long as the sublease payments were then passed through to Welter.
Welter prefers not to enter into a direct lease with Simply Bits, and in any event a direct agreement
between Welter and Simply Bits would be complicated by the fact that the Simply Bits equipment is
located on the Town's leased premises on Beacon Hill.
As an accommodation to Welter and in consideration of the fact that having the Simply Bits equipment
on the Town's leased premises on Beacon Hill will provide backup telecommunications services to the
Town, Town staff has negotiated the two agreements which are presented with this item. The first is an
amendment to the Welter lease which addresses and compensates Welter for the past unauthorized use
Special Council Meeting -June 23, 2009 -Page 61 of 131
of the Beacon Hill premises and allows the Town to sublease the premises to Simply Bits. The
amendment also clarifies that the Town may use Beacon Hill for the Pima County Wireless Integrated
Network (PCWIN), if the Town decides to participate in PCWIN in the future.
The second agreement is a sublease with Simply Bits for the use of the Beacon Hill premises. Although
the Town will receive sublease rent from Simply Bits and will then pay it over to Welter, the Town does
not have independent liability if Simply Bits fails to pay its sublease rent when due.
Financial Impact:
If approved, these agreements will require the Town to pay $6,420 to the Estate of Irene Welter. The
funds will be paid out of Technology Services' budget.
ATTACHMENTS:
Name:
^ Reso 2009-XX re Beacon
Hill ~00.015207)._DOC.
^ EX A -Beacon Hill
Amendment_~00015201) _DOC
^ EX B - SmplyBits_Beacon
Hill Su.blease_Agreement
{.0....0...0...1.5..1.....9...9,-2.~.DOC
^ EX BSmplyBits_Beacon
Hill Memo of Sublease
00_015202 _DOC
^ Beacon Hill
Communicatons.,pdf
Staff Recommendation:
Description: Type:
Reso approving Beacon Hill agreements Resolution
Exh A to Reso: First Amendment to Beacan Hill Lease Exhibit
Exh B to Reso: Simply Bits Subiease Exhibit
Exh B to Simply Bits Sublease: Memorandum of Sublease Exhibit
Original Beacon Hill Lease Backup Material
Town staff recommends the approval of Resolution No. 2009-102.
Suggested Motion:
I move to approve Resolution No. 2009-102, approving and authorizing the Mayor to execute the
agreements relating to the lease and sublease of the Town's Beacon Hill telecommunications site.
Special Council Meeting -June 23, 2009 -Page 62 of 131
MARANA RESOLUTION N0.2009-102
RELATING TO TECHNOLOGY SERVICES; APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE A BEACON HILL TELECOMMUNICATIONS SITE SUBLEASE AGREEMENT
WITH SIMPLY BITS, LLC AND A FIRST AMENDMENT TO BEACON HILL COMMUNICA-
TIONS SITE LEASE AND SETTLEMENT AGREEMENT WITH THE ESTATE OF IRENE
WELTER, DECEASED; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS Simply Bits, LLC currently provides Internet services, operations and mainte-
nance to the Town of Marana, and has certain communications equipment on property leased by the
Town of Marana from the Estate of Irene Welter, Deceased ("Welter") located on Beacon Hill; and
WHEREAS the Town of Marana's lease with Welter for the use of the Beacon Hill premises
did not authorize the placement of third-party equipment on the premises; and
WHEREAS Welter, Simply Bits, and the Town of Marana have reached agreements and ac-
commodations which provide for the compensation to Welter for the past and future use of the prem-
ises on Beacon Hill by Simply Bits; and
WHEREAS the Town Council finds that the adoption of this resolution is in the best interests
of the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
Section 1. The First Amendment to Beacon Hi11 Communications Site Lease and Settlement
Agreement attached to and incorporated by this reference in this resolution as Exhibit A is hereby
approved, and the Mayor is hereby authorized to execute it and the Memorandum of Agreement that
accompanies it for and on behalf of the Town of Marana.
Section 2. The Beacon Hill Telecommunications Site Sublease Agreement between Simply
Bits and the Town of Marana attached to and incorporated by this reference in this resolution as Ex-
hibit B is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the
Town of Marana.
Section 3. The Town's Manager, Technology Services Director, 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 Agreements referenced in Section 1 and Section 2 of this resolu-
tion.
Section 4. This resolution is an administrative act and shall be effective immediatelyupon its
passage.
Speci I~~n~~~~O~r~~223, 2009 -Page 63 of 131 _ I _
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 23`d day of June, 2009.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Species+~~fi6~8P~ek~l~iDe49!R~223, 2009 -Page 64 of 131 _ 2 _
FIRST AMENDMENT TO BEACON HILL COMMUNICATIONS SITE
LEASE AND SETTLEMENT AGREEMENT
THIS FIRST AMENDMENT TO BEACON HILL COMMUNICATIONS SITE LEASE AND
SETTLEMENT AGREEMENT (this "First Amendment") is entered into by and between the TOWN OF
MARANA, an Arizona municipal corporation ("Town") and THE ESTATE OF IRENE WELTER,
DECEASED, BY AND THROUGH HER PERSONAL REPRESENTATIVE, BILL WELTER ("Welter"). The
Town and Welter are sometimes referred to collectively as the Parties.
RECITALS
A. In 2005, the Parties entered into the "Beacon Hill Communications Site Lease and
Settlement Agreement," recorded in the Pima County Recorder's office on January 14, 2005, at
Docket 12469, Page 3461 (the "Original Agreement"), concerning the Town's lease of a
communications site on Beacon Hill. The site is specifically described in the Original Agreement
and referred to in both the Original Agreement and in this First Amendment as the "Premises."
B. Paragraph 8 of the Original Agreement provided that the Town was not permitted to
allow the Premises to be used for any third-party communications.
C. Beginning in or around August 2006, the Town allowed athird-party vendor, SIMPLY
BITS, LLC, ("Simply Bits") to install its equipment on the Premises in connection with the
replacement of failing Town-owned equipment.
D. The Parties have reached a settlement for the Town's failure to abide by the terms of
the Original Agreement, and now wish to modify the terms of the Original Agreement to allow
the Simply Bits equipment to remain on the Premises pursuant to a sublease between the Town
and Simply Bits, and to provide for additional compensation to Welter to account for the Simply
Bits equipment.
E. The Parties also wish to modify the terms of the Original Agreement to clarify that the
Premises may be used to provide additional or new public safety communications that benefit the
Town and the Marana Police Department, and particularly communications equipment
associated with the Pima County Wireless Integrated Network ("PCWIN"), if the Town decides
to participate in PCWIN.
AGREEMENT
Now, THEREFORE, based on the foregoing Recitals, which are incorporated here by this
reference, the Parties agree as follows:
1. Settlement and Release. Welter hereby releases all claims of whatever nature for the
Town's past use of the Land (as defined in the Original Agreement) and/or the Premises through
June 30, 2009, effective upon the Town's single lump sum payment of Six Thousand Four
Hundred Twenty Dollars ($6,420), which shall be paid within fifteen business days following the
First Amendment Effective Date.
{00015201.DOC /} - 1 - 6/11/2009 9:03 PM
FIRST AMENDMENT TO MARANA/WELTER BEACON HILL LEASE & SETTLEMENT AGREEMENT
Special Council Meeting -June 23, 2009 -Page 65 of 131 EXHIBIT A
2. Sublease to Simply Bits. The Town is hereby authorized to enter into a sublease of the
Premises with Simply Bits for purposes of allowing the existing Simply Bits equipment to
remain on the Premises. The existing Simply Bits equipment consists of three approximately
three-foot-long antennas, atwo-foot parabolic dish antenna, and a cluster management module
affixed to the top of the Building (as defined in the Original Agreement) and a backbone router
and a customer access router located inside the Building. Any increase in the size or number of
Simply Bits antennas or dishes on the Premises requires Welter's and the Town's prior written
approval.
3. Simply Bits's right of sublease assignment. Any assignment of Simply Bits's rights in the
sublease shall be subject to Welter's prior written approval, which shall not be unreasonably
withheld. However, Welter's prior approval shall not be required if the assignment, sublet or
transfer: (i) is as a result or part of a merger, consolidation, other entity level transaction, or a
transaction involving the sale of substantially all of Simply Bits's assets; (ii) has a good faith
business purpose which is not designed principally to avoid the provisions of this Paragraph,
provided, however, that such assignee, sublessee or transferee has the expertise and financial
wherewithal to fulfill Simply Bits's obligations under the sublease; or (iii) is to an entity that
controls, is under common control with or is controlled by Simply Bits.
4. First Amendment Effective Date. This First Amendment shall be effective on the date it is
fully executed by the Parties (the "First Amendment Effective Date").
5. Additional rent. On July 1, 2009 and on the first day of each month thereafter for so long
as the Town's sublease with Simply Bits remains in effect, the Town shall collect from Simply
Bits and pay to Welter as sublease rent Two Hundred and Ten Dollars ($210) per month,
adjusted as follows (all of which together constitutes "Sublease Rent"):
a. Annual adjustment. Each January 1 beginning on January 1, 2011, the previous
year's Sublease Rent (excluding the additional amount set forth in paragraph 6(b) below)
shall be adjusted upward by 3% (not including the additional amount set forth in paragraph b
below).
b. Adjustments for tax and other costs. The Town shall collect from Simply Bits and
pay to Welter any incremental increase in taxes or other costs owed by Welter relating to the
Land and resulting from the Town's sublease of the Premises to Simply Bits, including
without limitation any property, rental, sales, use, or other taxes levied by any governmental
entity, or the Town's proportionate share of any costs validly imposed on the Land by a third
party including, by way of example, any proportionate costs of access to the Land.
6. Effect of default by Simply Bits. The pass-through arrangement for transferring payments
from Simply Bits to Welter as reflected in this First Amendment and in the Town's sublease with
Simply Bits is being done as a matter of administrative convenience to the Parties. To that end,
the Town shall not be independently responsible for payment of the Sublease Rent if Simply Bits
fails to pay the Sublease Rent to the Town when due. However, if Simply Bits fails to make
timely payment of the Sublease Rent, Welter shall have the right to demand that the Town remove
all Simply Bits equipment from the Premises, in addition to any other remedy Welter may have as
a matter of law.
{00015201.DOC /} - 2 - 6/11/2009 9:03 PM
FIRSTAMENDMENT TO MARANA/WELTER BEACON HILL LEASE & SETTLEMENTAGREEMENT
Special Council Meeting -June 23, 2009 -Page 66 of 131 EXHIBITA
7. Use. While this Agreement is effective, the Town may use the Premises for any lawful
activity in connection with the provision of communications services necessary for the Town's
municipal and governmental operations, including without limitation communications equipment
associated with PCWIN, if the Town decides to participate in PCWIN. The Parties anticipate that
the Town's participation PCWIN will involve the placement of up to two additional
communication dishes on the Premises, each not more than four feet in diameter, in addition to
the installation of supporting equipment inside the Building. The Town is not permitted to use
the Premises to provide third-party communications services other than those addressed in this
First Amendment.
8. Access. Welter acknowledges that Town's rights of access under the Original Agreement
may also be exercised by Simply Bits pursuant to the terms of its sublease with the Town.
9. Other terms. Except as modified by this First Amendment, all terms and provisions of the
Original Agreement shall remain in full force and effect and shall apply to this First Amendment.
10. Recording. This First Amendment shall be recorded by and at the expense of the Town
in the office of the Pima County Recorder.
11. Conflicts of interest. This First Amendment is subject to the provisions of A.R.S.
§ 38-511, which provides for cancelation of contracts by government entities in certain instances
involving conflicts of interest.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date of
the last signature below.
THE TOWN OF 1VIARANA, an Arizona
municipal corporation
By:
Its:
Date:
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED As To FORM:
Frank Cassidy, Town Attorney
THE ESTATE OF IRENE WELTER, DECEASED,
BY AND THROUGH HER PERSONAL
REPRESENTATIVE, BILL WELTER
By:
Its:
Date:
STATE OF ARIZONA )
County of Pima )
The foregoing instrument was
acknowledged before me this _ day of
June, 2009, by Bill Welter, as Personal
Representative of the Estate of Irene Welter,
deceased.
My commission expires:
Notary Public
{00015201.DOC /} - 3 - 6/11/2009 9:03 PM
FIRSTAMENDMENT TO MARANA/WELTER BEACON HILL LEASE & SETTLEMENTAGREEMENT
Special Council Meeting -June 23, 2009 -Page 67 of 131 EXHIBITA
BEACON HILL TELECOMMUNICATIONS SITE SUBLEASE
AGREEMENT BETWEEN SIMPLY BITS AND TOWN OF MARANA
THIS BEACON HILL TELECOMMUNICATIONS SITE SUBLEASE AGREEMENT (this "Sublease")
is dated June 2009, by and between SIMPLY BITS, LLC, an Arizona limited liability
company, having an office at 5225 North Sabino Canyon Road, Tucson, AZ 85750 ("Simply
Bits") and the TowN ol: MARANA, an Arizona municipal corporation, having an office at 11555
West Civic Center Drive, Marana, AZ 85753 ("Marana").
Simply Bits and Marana are sometimes referred to collectively as the parties, any one of
which is sometimes individually referred to as a party.
RECITALS
A. Marana is the lessee of a telecommunications site known as and referred to in this
Sublease as the "Premises" pursuant to the "Beacon Hill Communications Site Lease and
Settlement Agreement" with the Estate of Irene Welter, Deceased, by and through her Personal
Representative, Bill Welter ("Welter"), recorded in the Pima County Recorder's office on
January 14, 2005, at Docket 12469, Page 3461 (the "Original Welter Lease").
B. The "Premises" is described in the Original Welter Lease as follows:
(a) [A small building ("the Building") on Beacon Hill (the
"Land")] and the approximately 600 square feet of the Land where
the Building is located and a reasonable area immediately
surrounding the Building to accommodate the Town Facilities...,
(b) antenna space on the Tower located on the Land, and (c) and all
access and utility easements necessary or desirable for the use of
the Building and the Tower for the installation and maintenance of
the Town communication equipment. The Land is located in the
northwest quarter of Section 17, Township 12 South, Range 12
East, Gila & Salt River Meridian, Town of Marana, County of
Pima, State of Arizona, at the top of Beacon Hill, and more
particularly identified as Pima County Assessor Tax Parcel No.
226-03-033B.
C. The Original Welter Lease did not permit Marana to allow the Premises to be
used for any third-party communications.
D. Marana allowed Simply Bits to install certain equipment on the Premises which
serves Marana and other Simply Bits customers, and Marana has, concurrently with this
Sublease, entered into a "FIRST AMENDMENT TO BEACON HILL COMMUNICATIONS SITE LEASE
{00015199.DOC / 2} - 1 - 6/16/2009 3:39 PM
Special Council Meeting -June 23, 2009 -Page 68 of 131 ~'HjBIT B
AND SETTLEMENT AGREEMENT" with Welter to compensate for this and to address, facilitate, and
compensate for this Sublease.
E. Marana and Simply Bits desire to enter into this Sublease to accommodate the
existing Simply Bits equipment located in and on the Premises.
AGREEMENT
Now THEREFORE, in consideration of the covenants and agreements hereinafter set forth
to be performed by the parties, it is agreed by and between Marana and Simply Bits as follows:
1. SUBLEASE AND USE. Marana hereby subleases the Premises to Simply Bits for
the purpose of operating, maintaining and repairing its existing equipment (the "Simply Bits
Equipment"); specifically, three approximately three-foot-long antennas, atwo-foot parabolic
dish antenna, and a cluster management module affixed to the top of the Building, and a
backbone router and a customer access router located inside the Building. Any increase in the
size or number of Simply Bits antennas or dishes on the Premises requires Marana's and
Welter's prior written approval.
2. INCORPORATION OF UNDERLYING AGREEMENTS. To the extent of the
rights and obligations set forth in this Sublease, Simply Bits shall comply with and be bound by
all of the provisions of the Original Welter Lease as amended by the "FIRST AMENDMENT To
BEACON HILL COMMUNICATIONS SITE LEASE AND SETTLEMENT AGREEMENT," (the "First
Amendment to Welter Lease") a true and correct copy of which is attached as Exhibit A to this
Sublease and incorporated here by this reference.
3. TERM. The term of this Sublease shall begin on the effective date of the First
Amendment to Welter Lease and shall thereafter be concurrent with the term of the Original
Welter Lease, as it may be extended from time to time. The Original Welter Lease is currently
scheduled to terminate on December 31, 2014. Simply Bits may terminate this Sublease at any
time if any of the following occurs: (a) Simply Bits is unable to obtain or maintain any license,
permit or other approval necessary for the operation of the Simply Bits Equipment; or (b) if
Simply Bits is unable to occupy and utilize the Premises due to an action of the FCC, including
without limitation, a tack back of channels or change in frequencies; or (c) if any environmental
report for the Premises reveals the presence of any Hazardous Material after the Commencement
Date. Anything in the foregoing notwithstanding, the Simply Bits may terminate this Sublease
for its convenience and without cause upon six months' notice to Marana, provided that Simply
Bits's termination does not affect communication services provided to Marana.
4. SUBLEASE RENT. Simply Bits shall pay to Marana in advance a monthly rent of
$210 per month, beginning July 1, 2009, adjusted as follows (all of which together constitutes
"Sublease Rent"):
a. Annual adjustment. Each January 1 beginning on January 1, 2011, the previous
year's Sublease Rent (excluding the additional amount set forth in paragraph b
below) shall be adjusted upward by 3%.
{00015199.DOC / 2} - 2 - 6/16/2009 3:39 PM
Special Council Meeting -June 23, 2009 -Page 69 of 131 EXHIBIT B
5. UTILITIES COST. Marana shall have the right to survey the electric consumption
of the Simply Bits Equipment on the Premises and if any such survey discloses that the average
electric consumption of the Simply Bits Equipment is greater than $30 per month, then the
Sublease Rent payable to Marana shall thereafter be adjusted to reflect current consumption.
6. MAINTENANCE, OPERATION AND REPAIR OF EQUIPMENT.
a. Marana shall provide to Simply Bits the existing space used by the
Simply Bits Equipment on the Premises, and access to the Premises in substantially the
same manner as the Simply Bits currently has space and access, and all existing wiring,
cabling and electrical fees to operate the Simply Bits Equipment. Simply Bits shall be
permitted to enter the Premises as Simply Bits reasonably determines is reasonably
necessary to operate, maintain and repair the Simply Bits Equipment and to provide any
contracted services to Marana and other Simply Bits customers.
b. Prior to replacing or modifying Simply Bits Equipment or improvements
not located on the Premises on when the term of this Sublease begins, Simply Bits shall
give Marana and Welter a reasonably detailed drawing or written description thereof and
shall not proceed without the prior written approval of Marana, acting through the
Marana Technology Services Director, and Welter.
c. All operations, maintenance, repairs and replacement of the Simply Bits
Equipment shall be performed at Simply Bits's sole cost and expense, in a good and
workmanlike manner, only after obtaining any permits required by law, in compliance
with all applicable laws and in a manner designed to minimize any interference with the
operation of other equipment operated by Marana and others on the Premises and in the
surrounding area of Beacon Hill owned by Welter. Simply Bits shall, at its sole cost and
expense repair or refinish any surface of the Premises that is damaged by or during the
installation or operation of the Simply Bits Equipment and caused by Simply Bits or any
of its agents, representatives, employees, contractors, subcontractors, or invitees. If
Simply Bits fails to repair or refinish any such damage, Marana may, in its sole
discretion, repair or refinish such damage and Simply Bits shall reimburse Marana of all
reasonable costs and expenses incurred in such repair or refinishing, provided, however,
that Marana shall give Simply Bits ten days' written notice before taking any action to
repair or refinish damage.
d. Upon the expiration or termination of this Sublease, Simply Bits shall
remove all of the Simply Bits Equipment and other personal property from the Premises
in a manner consistent with the terms of the Original Welter Agreement as modified by
the First Amendment to Welter Lease.
e. Simply Bits, through its designated and approved employees and
contractors, shall be solely responsible for the maintenance and care of the Simply Bits
Equipment and connecting equipment and shall maintain the same in a clean, sanitary and
safe condition and in good repair and free of any defects at all times during this Sublease.
{00015199.DOC / 2} - 3 - 6/16/2009 3:39 PM
Special Council Meeting -June 23, 2009 -Page 70 of 131 EXHIBIT B
f. Simply Bits shall label and identify all Simply Bits Equipment with
Simply Bits's name and telephone number.
7. ACCESS. Marana acknowledges that the Original Welter Agreement as modified by
the First Amendment to Welter Lease Simply Bits and its employees, agents and contractors
shall have access to the Premises without notice to Marana or Welter 24 hours a day, seven days
a week, at no charge.
8. AUTHORIZED PERSONNEL LIST. For security purposes, Simply Bits shall
provide Marana with a list of the names of all personnel who are authorized to enter onto the
Premises pursuant to this Sublease. The list shall be updated whenever a change of personnel
occurs. Marana is authorized to block entry to any personnel whose name is not on the list. This
Section shall be interpreted as a right, but not an obligation, of Simply Bits to police or restrict
entry onto the Premises.
9. INSURANCE. Simply Bits shall carry, or cause to be carried, throughout the term of
this Sublease, at its sole cost and expense, with carriers licensed to do business in the State in
which the Towers are located as follows: (a) workers' compensation benefits insurance to the
extent and in the amounts required by applicable governmental or quasi-governmental laws,
rules, regulations and requirements (collectively, "Governmental Requirements"); and (b) bodily
injury and property damage insurance with a combined single limit of at least $1,000,000 per
occurrence. Simply Bits shall, at its sole cost and expense, procure and maintain throughout the
term of this Sublease a property insurance policy insuring all of the Simply Bits Equipment. All
proceeds of such insurance shall be used to repair, replace, or remove the Simply Bits Equipment
in a manner consistent with the terms of this Sublease. Said insurance policies shall provide that
the policy shall not be canceled, fail to be renewed or materially amended without at least 30
days written notice to the insureds. Marana and Simply Bits shall include a waiver of subrogation
in their respective policies of property insurance. All insurance required to be carried by Simply
Bits herein shall be with an insurance company licensed to do business in the State in which the
Building is located and rated not lower than A/X in the most recent A.M. Best Rating Guide.
10. INDEMNITY. Marana and Simply Bits each shall indemnify the other against and
hold the other harmless from any and all costs (including reasonable attorneys' fees) and claims
of liability or loss which arises out of the use and/or occupancy of the Premises by the
indemnifying party. This indemnity does not apply to any claims arising from the sole
negligence or intentional misconduct of the indemnified party. The indemnity obligations under
this Paragraph will survive termination of this Sublease.
11. DEFAULT. If either party is in default under this Sublease for a period of (a) ten
days following receipt of notice from the non-defaulting party with respect to a default that may
be cured solely by the payment of money, or (b) 30 days following receipt of notice from the
non-defaulting party with respect to a default that may not be cured solely by the payment of
money, then, in either event, the non-defaulting party may pursue any remedies available to it
against the defaulting party under applicable law, including, but not limited to, the right to
terminate this Sublease. In the non-monetary default may not reasonably be cured within a 30-
day period, this Sublease may not be terminated if the defaulting party commences action to cure
the default within such 30-day period and proceeds with due diligence to fully cure the default.
{00015199.DOC / 2} - 4 - 6/16/2009 3:39 PM
Special Council Meeting -June 23, 2009 -Page 71 of 131 EXHIBIT B
12. MISCELLANEOUS.
a. Marana covenants that at all times during the term of this Sublease,
Marana shall not disturb Simply Bits's quiet enjoyment of its rights under this Sublease
so long as Simply Bits is not in default.
b. In the event of any litigation between the parties, the prevailing party shall
be entitled to reasonable attorney's fees.
c. This Sublease may not be modified, nor its provisions waived, except by a
writing signed by each of the parties hereto.
d. Any notice, correspondence, demand or other communication, which is
required or permitted by this Sublease, shall be in writing and shall be sent postage
prepaid, by certified mail, return receipt requested, or by hand or overnight express
delivery, receipt requested, to either party hereto at its address hereinabove set forth, or at
such other address as either such party shall have provided the other by written notice
similarly given. In addition, a copy of any notice required or permitted by this Sublease
shall be given in writing and shall be sent postage prepaid, by certified mail, return
receipt requested, or by hand or overnight express delivery, receipt requested, to Bill
Welter, 2341 South Calle Mesa del Oso, Tucson, Arizona 85748. Any notice shall be
deemed given on the date delivery is receipted or refused.
e. This Sublease shall be governed by the laws of the State of Arizona. The
parties agree that Pima County, Arizona shall be the venue for any litigation regarding
this Sublease.
f. If any term or provision of this Sublease, or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of
this Sublease, or the application of such term or provision to persons, entities or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby, and each term and provision of this Sublease shall be valid and
enforceable.
g. This Sublease embodies the entire agreement between the parties hereto
with relation to the transactions contemplated hereby, and there have been and are no
covenants, agreements, representations, warranties or restrictions between the parties
hereto with regard thereto other than those specifically set forth herein. Each party shall,
without charge, furnish the other with such documents not creating any obligations
additional to those imposed by this Sublease as may reasonably be requested to fully
effectuate the transactions contemplated by this Sublease.
h. Marana acknowledges that in the event of a breach of this Sublease by
Marana, Simply Bits shall have the right to obtain specific performance or other
injunctive relief in addition to monetary damages and any other remedies permitted by
law.
{00015199.DOC / 2} - 5 - 6/16/2009 3:39 PM
Special Council Meeting -June 23, 2009 -Page 72 of 731 ~YHIBIT B
i. The individuals executing this Sublease on behalf of Marana and Simply
Bits each represent that they are authorized to execute this Sublease on behalf of Marana
or Simply Bits, as the case may be, and at upon execution hereof this Sublease shall be
binding upon Marana or Simply Bits, as the case may be.
j. Either party shall, within ten days after request by the other, provide an
estoppel letter as to such matters as are reasonably requested.
k. This Sublease is an agreement running with the land with respect to the
Premises and, upon any sale or other transfer of Marana's leasehold interest in the
Premises, Marana shall assign this Sublease to the transferee and the transferee shall
assume the obligations of Marana under this Sublease whereupon Marana shall have no
further obligations under this Sublease from and after the date thereof.
1. Marana and Simply Bits acknowledge that this document shall not be
construed in favor of or against the drafter by virtue of said party being the drafter.
13. ASSIGNMENT. Simply Bits shall not assign, sublet or transfer this Sublease without
prior written approval of Marana and Welter; provided, however, that such approval shall not be
required if such assignment, sublet or transfer: (i) is as a result or part of a merger, consolidation,
other entity level transaction, or a transaction involving the sale of substantially all of Simply
Bits's assets; (ii) has a good faith business purpose which is not designed principally to avoid the
provisions of this Paragraph, provided, however, that such assignee, sublessee or transferee has
the expertise and financial wherewithal to fulfill Simply Bits's obligations under this Sublease;
or (iii) is to an entity that controls, is under common control with or is controlled by Simply Bits.
14. SUBORDINATION. This Sublease is subject to any bona fide mortgages, ground
leases and all amendments and modifications thereof now or hereafter.
15. HAZARDOUS SUBSTANCES. Simply Bits agrees that it will not use, generate,
store or dispose of any Hazardous Material (defined below) on, under, about or within the
Premises in violation of any law or regulation. As used in this paragraph, "Hazardous Material"
shall mean hazardous or radioactive material, polychlorinated biphenyls, friable asbestos or other
hazardous or medical waste substances as defined by the Comprehensive Environmental
Response, Compensation and Liability Act, as amended, or by any other federal, state or local
law, statute, rule, regulation or order concerning environmental matters. This paragraph shall
survive the termination of this Sublease.
16. TAXES. During the term and any extension hereof, Simply Bits shall be
responsible for the declaration and payment of any applicable taxes or assessments against the
personal property owned by Simply Bits located on the Premises. Simply Bits agrees, upon
request of Marana or Welter, to provide Marana with timely evidence satisfactory to Marana that
all taxes due and payable for Simply Bits's property have been paid.
17. RECORDING. This Sublease shall not be recorded. However, Marana agrees to
execute and deliver to Simply Bits a Memorandum of Sublease in the form attached to and
incorporated by this reference in this Sublease as Exhibit B and acknowledges Simply Bits's
{00015199.DOC / 2} - 6 - 6/16/2009 3:39 PM
Special Council Meeting -June 23, 2009 -Page 73 of 131 EXHIBIT B
right at Simply Bits's sole option and cost to record the. Memorandum of Sublease in the office
of the Pima County Recorder.
18. CONFLICT OF INTEREST. This Sublease is subject to A.R.S. §38-511, which
provides for cancellation in certain instances involving conflicts of interest.
19. EXCUSABLE DELAY. If either party is unable due to causes beyond its reasonable
control to carry out its obligations under this Sublease in whole or in part and if such Party gives
written notice and full details of an excusable delay (including, without limitation., a force
majeure event) to the other as soon as practicable after the occurrence of the event, then the
obligations of the affected Party will be suspended to the extent reasonably required as a result of
such event. Excusable Delay means an event that is not within the reasonable control of the
affected Party, including, without limitation, war, riots, civil insurrection or acts of a common
enemy, fire, flood, strikes or other labor difficulty, acts of civil or military authority, including
government laws, orders, actions, inactions or regulations, embargoes.
"Marana":
Town of MARANA, an Arizona municipal
corporation
By:
Ed Honea, Mayor
Date:
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
"Simply Bits":
SIMPLY BITS, LLC, an Arizona limited
liability company
By:
Name/Title:
Date:
STATE OF
County of
SS
)
The foregoing instrument was
acknowledged before me on April _,
2009, by ,the
of SIMPLY BITS, LLC, an
Arizona limited liability company, on behalf
of the company.
My commission expires:
Notary Public
{00015199.DOC / 2} - 7 - 6/16/2009 339 PM
Special Council Meeting -June 23, 2009 -Page 74 of 131 EXHIBIT B
When recorded, return to:
SIMPLY BITS LLC
5225 North Sabino Canyon Road
Tucson, AZ 85750
MEMORANDUM OF SUBLEASE
APN: 226-03-033B
THIS MEMORANDUM of SUBLEASE is entered into as of the day of June, 2009, by and between the Town
of Marana, an Arizona municipal corporation, whose address is 11555 W. Civic Center Drive Marana, AZ
85653 ("Marana") and SIMPLY BITS LLC., an Arizona limited liability company, with its principal place of
business located at 5225 North Sabino Canyon Road, Tucson, Arizona 85750 ("Simply Bits"). All of the
following are provided for more fully in the Sublease:
1. Marana and Simply Bits entered into a Telecommunications Site Sublease ("Sublease") dated as of June _,
2009, for the purpose of Simply Bits operating and maintaining communications equipment and other
improvements ("Improvements") on the Premises.
2. The term of Simply Bits's tenancy under the Sublease is concurrent with the term of the "Beacon Hill
Communications Site Lease and Settlement Agreement" with the Estate of Irene Welter, Deceased, recorded
in the Pima County Recorder's office on January 14, 2005, at Docket 12469, Page 3461.
3. The subleased Premises, which is the property that is the subject of the Sublease, is located on Pima County
Assessor's Parcel No. 226-03-033B, with an address of 10001 N. Silverbell Road in the Town of Marana,
County of Pima, State of Arizona, including appurtenant utility and vehicular access.
IN WITNESS wxEREOF, the parties have executed this Memorandum of Sublease as of the date first written
above.
TOWN of MARANA, an Arizona municipal
corporation
By:
Ed Honea, Mayor
Date:
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
SIMPLY BITS, LLC., an Arizona limited liability
company
By:
Name/Title:
STATE OF
SS
County of )
The foregoing. instrument was acknowledged before me on
June _, 2009, by ,the
of SIMPLY BITS LLC., an Arizona
limited liability company.
My commission expires:
Notary Public
{000~~2c~cil Meeting -June 23, 2009 - Pag~9`5~b}fl~rana/Simply Bits Memorandum of Sublease 6/11/2009 10:24 AM
EXHIBIT B
F. ,NN RCs'~RIGUEZ, RECORDER DOCKET: 12469
RECORDED SY: D_R
DEPUTY RECORDER og il,>~
~/ ~C PAGE: 3461
NO. OF PAGES: 10
7864 PE1 ~
O
~/ ~~ SEQUENCE: 20050101014
SMARA x ~ y
~
~ 01/14/2005
TOWN OF MARANA ~
~
`q
~ AG 15:25
ATTN: TOWN CLERK ~tIZU~
13251 N LON ADAMS RD MAIL
MARANA AZ 85653
AMOUNT PAID $ 10.50
Beacon Hill Communications Site Lease and Settlement Agreement
THIS AGREEMENT is entered into by and between the TOWN OF MARANA, an Arizona
municipal COrporatlOn ("TOwn") grid THE ESTATE OF 1RENE WELTER, DECEASED, BY AND
THROUGH HER PERSONAL REPRESENTATIVE, BILL WELTER ("Welter"). The Town and Welter are
sometimes referred to collectively as the Parties.
RECITALS
A. Welter owns the parcel of land (the "Land") and communications tower (the "Tower")
particularly described in paragraph 1 below.
B. In or around 1993, the Town began paying Comtronix (which was later bought out by
Nextel Communications) amonthly fee for the operation of the Marana Police Department
("MPD") communication system.
C. In approximately 1999, Nextel ceased operating MPD's communication system, and
donated the equipment then being used by MPD to the Town.
D. The MPD communication equipment has continuously been located on the Land since
approximately 1993, when Comtronix placed MPD's radio communications repeater equipment
within a small building on the Land (the "Building") and attached an antenna to the Tower.
E. From about 1999 to the date of this Agreement, the Town has not paid for a lease or
sublease for the purposes of having its equipment located on the Land.
F. The Town is in the process of replacing its MPD communications system with a new
system.
G. To accommodate the new MPD communications system, the Building needs to be
substantially improved.
H. Communications equipment owned by third parties is currently located in the
Building, but like the Town none of these third parties has a current lease with Welter.
I. Welter wants to control whose communications equipment is located on the Land and
will therefore not permit the Town to sublease space within the Building to third parties.
J. The Parties now desire to formalize a lease to allow the Town to refurbish and rebuild
the Building, to allow MPD communications equipment to continue to be located in the
Building, and to compensate Welter in settlement of Welter's claim to compensation for the
Town's past use of the Building and the Tower.
AGREEMENT
Now, THEREFORE, based on the foregoing Recitals, which are incorporated here by this
reference, the Parties agree as follows:
1. Premises. The "Premises" that are the subject of this Agreement consist of all of the
following: (a) the Building and the approximately 600 square feet of the Land where the
{00000282.DOC / 5} 1/3/2005 3:17 PM
TOWN OF MARANA/WELTER LEASE & SE7TLEMENTAGREEMENT PAGE I
Special Council Meeting -June 23, 2009 -Page 76 of 131 r
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Building is located and a reasonable area immediately surrounding the Building to accommodate
the Town Facilities (see paragraph 10 below, (b) antenna space on the Tower located on the
Land, and (c) and all access and utility easements necessary or desirable for the use of the
Building and the Tower for the installation and maintenance of the Town communication
equipment. The Land is located in the northwest quarter of Section 17, Township 12 South,
Range 12 East, Gila & Salt River Meridian, Town of Marana, County of Pima, State of Arizona,
at the top of Beacon Hill, and more particularly identified as Pima County Assessor Tax Parcel
No. 226-03-033B.
2. Lease. Welter hereby leases the Premises to the Town for a ten year period of January 1,
2005 through December 31, 2014.
3. Effective Date. This Agreement shall be effective on the date it is fully executed by the
Parties (the "Effective Date").
4. Settlement and Release. Welter hereby releases all claims of whatever nature for the
Town's past use of the Land and/or the Premises through December 31, 2004, effective upon the
Town's single lump sum payment of $40,000, which shall be paid within fifteen business days
following the Effective Date.
5. Information. Upon Town's request, Welter agrees to provide promptly to Town copies of
all plans, specifications, surveys and maps in Welter's possession relating to the Land, the
Tower, and the elevation of all antennas on the Tower and the frequencies upon which each
operates.
6. Rent. Within fifteen business days following the Effective Date and on the first day of
each month thereafter, Town shall pay to Welter as rent Eight Hundred and no/100 Dollars
($800.00) per month, adjusted as follows (all of which together constitutes "Rent"):
a. Annual adjustment. Each January 1 beginning on January 1, 2006, the previous
year's rent (excluding the additional amount set forth in paragraph 6(b) below) shall be
adjusted upward by 3%. As so adjusted, this shat] be the amount paid as rent (not including
the additional amount set forth in paragraph 6(b) below) for that calendar year.
b. Adjustments for tax and other costs. The Town shall pay any incremental increase in
taxes or other costs owed by the Welters relating to the Land and resulting from the Town's
rental or use of the Land, including without limitation any property, rental, sales, use, or
other taxes levied by any governmental entity, or the Town's proportionate share of any
costs validly imposed on .the Land by a third party including, by way of example, any
proportionate costs of access to the Land.
7. W-9. Welter shall provide Town an accurate and executed W-9 Form. `~
8. Use. While this Agreement is effective, the Town may use the Premises for any lawful ~°
activity in connection with the provision of communications services necessary for the Town's
municipal and governmental operations. The Town is not permitted to use the Premises to .2
provide third-party communications services.
{00000282.DOC / 5} 1!3/2005 3:17 PM
TOWN OFM.IRANA/WELTER LEASE & SETTLEMENTAGREEMENT PAGE Z
Special Council Meeting -June 23, 2009 -Page 77 of 131
9. Cooperation. Welter shall cooperate with Town in making, at Town's expense,
application for and obtaining all licenses, permits and any and all other necessary approvals that
may be required for Town's use of the Premises in a manner consistent with paragraph 8 above.
10. Town Facilities. On the Premises, Town has the right to construct, erect, maintain, test,
replace, remove, operate and upgrade Town's communications facilities, including without
limitation utility lines, transmission lines, anair-conditioned equipment shelter (the Building),
electronic equipment, transmitting and receiving antennas, a standby power generator, and
supporting equipment and structures for all of the foregoing (all of which together are refereed to
as the "Town Facilities"). Town has the right to do all work necessary to prepare, maintain and
alter the Premises for Town's communications operations and to install transmission lines
connecting the antennas to the transmitters and receivers. All of Town's construction and
installation work shall be performed at Town's sole cost and expense and in a good and
workmanlike manner. Town shall hold title to the Town Facilities and all of the Town Facilities
shall remain Town's personal property and are not fixtures. Town has the right to remove the
Town Facilities at its sole expense on or before the expiration or earlier termination of this
Agreement, and Town shall repair any damage to the Premises caused by that removal.. Upon
the expiration or earlier termination of this Agreement, Town shall remove the Town Facilities
from the Land.
11. Utilities. Town shall pay for the electricity it consumes in its operations at the rate
charged by the servicing utility company. Town shall have the right to draw electricity and other
utilities from the existing utilities on the Property or obtain separate utility service from any
utility company that will provide service to the Property. Welter agrees to sign such documents
or easements as may be required by said utility companies to provide such service to the
Premises, including the grant to Town or to the servicing utility company at no cost to the Town,
of an easement in, over, across or through the Land as required by such servicing utility company
to provide utility services as provided herein. Any easement necessary for such power or other
utilities will be at a location acceptable to Welter and the servicing utility company.
12. Access. Town, Town's employees, agents and contractors shall have access to the
Premises without notice to Welter 24 hours a day, seven days a week, at no charge. Welter
grants to Town, and Town's agents, employees and contractors, anon-exclusive right and
easement for pedestrian and vehicular ingress and egress across the Land as necessary to install
and maintain the Town Facilities. If vehicular or utility access to the Land is blocked or
interrupted, Welter shall cooperate with the Town in any legal action, at Town's expense, to re-
establish the access.
13. Interference.
a. Town shall operate the Town Facilities in compliance with all Federal
Communications Commission ("FCC") requirements and in a manner that will not cause
interference with the communication facilities maintained on the property by Marana
Unified School District, Verizon, and any other lessees of the property.
b. Welter shall not, and shall not permit its lessees or licensees to, install new equipment
on or make any alterations to the Premises or the Land that are likely to cause interference
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TOWN OFMARANA/WELTERLFASE & SETTLEMENTAGREEMENT
1/3/2005 3:17 PM
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Special Council Meeting -June 23, 2009 -Page 78 of 131
with the operation of the Town Facilities. If interference occurs, Welter shall use best
efforts to eliminate the interference within a reasonable period of time.
14. Taxes. If personal property taxes are assessed, Town shall be responsible for any portion
of such taxes directly attributable to the Town Facilities. Welter shall pay all real property taxes,
assessments and deferred taxes on the Property.
15. Waiver of Lien. Welter waives any lien rights Welter may have concerning the Town
Facilities, all of which are deemed Town's personal property and not fixtures, and Town has the
right to remove the same at any time without Welter's consent.
16. Termination. This Agreement may be terminated without further liability on thirty days'
prior written notice by either Party upon a default by the other Party of any covenant or term of
this Agreement, which default is not cured within sixty days of receipt of written notice of
default, except that this Agreement shall not be terminated if the default cannot reasonably be
cured within such sixty-day period and the defaulting party has started to cure the default within
the sixty day period and diligently pursues the cure to completion; provided that the grace period
for any monetary default is ten days from receipt of written notice.
17. Destruction or Condemnation. If the Premises or Town Facilities are damaged,
destroyed, condemned or transferred in lieu of condemnation, Town may elect to t~exminate this
Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of
condemnation by giving notice to Welter no more than forty-five days following the date of such
damage, destruction, condemnation or transfer in lieu of condemnation.
18. Insurance. Town, at Town's sole cost and expense, shall procure and maintain on the
Premises and on the Town Facilities, bodily injury and property damage insurance with a
combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per
occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Town, its
employees and agents arising out of or in connection with Town's use of the Premises, all as
provided for in this Agreement. Welter, at Welter's sole cost and expense, shall procure and
maintain on the Land, bodily injury and property damage insurance with a combined single limit
of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall
insure, on an occurrence basis, against all liability of Welter, its employees and agents arising out
of or in connection with Welter's use, occupancy and maintenance of the Land. Each party shall
be named as an additional insured on the other's policy.
19. Waiver of Subrogation. Welter and Town release each other and their respective
principals, employees, representatives and agents, from any claims for damage to any person or
to the Property or the Premises or to the Town Facilities or any other property thereon caused by, A,~
or that result from, risks insured against under any insurance policies carried by the parties and in
force at the time of any such damage. Welter and Town shall cause each insurance policy
obtained by them to provide that the insurance company waives all right of recovery by way of ~
subrogation against the other in connection with any damage covered by any policy. Neither
Welter nor Town shall be liable to the other for any damage caused by fire or any of the risks
insured against under any insurance policy required by Paragraph 18 above. '
(00000262.DOC / 5} 1/3/2005 3:17 PM
TOWNOF MARANA/WELTER LEASE & SETTLE.4fENTAGREEMENT PAGE 4
Special Council Meeting -June 23, 2009 -Page 79 of 131
20. Liability and Indemnity. Welter and Town shall each indemnify, defend and hold the
other harmless from and against all claims, losses, liabilities, damages, costs, and expenses
(including reasonable attorneys' and consultants' fees, costs and expenses) {collectively
"Losses") arising from the indemnifying party's breach of any term or condition of this
Agreement or from the negligence or willful misconduct of the indemnifying party's agents,
employees or contractors in or about the Land. The duties described in this paragraph shall
apply as of the Effective Date of this Agreement and survive the termination of this Agreement.
21. Assignment and Subletting. Town may not assign, or otherwise transfer, all or any part
of its interest in this Agreement or in the Premises without the prior written consent of Welter.
Welter may assign this Agreement, which assignment may be evidenced by written notice to
Town within a reasonable period of time thereafter, provided that the assignee assumes all of
Welter's obligations under this agreement. This Agreement shall be binding on and inure to the
benefit of the successors and permitted assignees of the Parties.
22. Binding Effect. This Agreement shall run with the Land and shall be binding upon and
inure to the benefit of the Parties, their respective successors, personal representatives, heirs and
assigns.
23. Warranty of Title and Quiet Enjoyment. Welter warrants that: (i) Welter owns the Land
in fee simple and has rights of access to it and the Land and improvements on it are free and
clear of all liens, encumbrances and restrictions except those of record as of the Effective Date;
and (ii) Welter covenants and agrees with Town that Town may peacefully and quietly enjoy the
Premises, provided that Town is not in default under this Agreement after notice and expiration
of all cure periods.
24. Repairs. Town shall repair any damage to the Premises or the Land caused by the
negligence or willful misconduct of Town. Upon expiration or termination of this Agreement,
Town shall repair the Premises and the Land to substantially the condition in which it existed on
the Effective Date, reasonable wear and tear and loss by casualty or other causes beyond Town's
control excepted.
25. Hazardous Material.
a. As of the Effective Date of this Agreement: (1) Town hereby represents and warrants
that it has not and shall not use, generate, handle, store or dispose of any Hazardous Material
in, on, under, upon or affecting the Land in violation of any Environmental Law (as defined
below), and (2) Welter hereby represents and warrants that (i) Welter has no knowledge of
the presence of any Hazardous Material located in, on, under, upon or affecting the Land in ~;
violation of any Environmental Law; (ii) no notice has been received by or on behalf of
r
Welter from, and Welter has no knowledge that notice has been given to any predecessor in
interest of the Land, by any governmental entity or any person or entity claiming any
violation of or requiring compliance with any Environmental Law for any environmental I~
~
damage in, on, under, upon or affecting the Land; and (iii) Welter will not permit itself or ',
`~~,
any third party to use, generate, handle, store or dispose of any Hazardous Material in, on, F
under, upon, or affecting the Land in violation of any Environmental Law.
~0oooo2a2.noc 1 s}
TOWN OF MARANA/WELTER LEASE & SETTLEMENTAGREEMENT
1/3/2005 3:17 PM
PAGE S
Special Council Meeting -June 23, 2009 -Page 80 of 131
b. Without limiting paragraph 20 above, Welter and Town shall each indemnify, defend
and hold the other harmless from and against all Losses arising from (i) any breach of any
representation or warranty made in this paragraph 25 by such Party; and/or
(ii) environmental conditions or noncompliance with any Environmental Law (as defined
below) that result, in the case of Town, from operations in or around the Land by Town or
Town's agents, employees or contractors, and in the case of Welter, from the ownership or
control of, or operations in or around, the Land by Welter or Welter's predecessors-in-.
interest, and their respective agents, employees, contractors, owners, guests or other parties.
The duties described in this paragraph 25 shall apply as of the Effective Date of this
Agreement and survive termination of this Agreement.
c. "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous
wastes), regulated substances, pollutants or contaminants or terms of similar import, as such
terms are defined in any Environmental Law, and shall include, without limitation, any
petroleum or petroleum products or by-products, flammable explosives, radioactive
materials, asbestos in any form, polychlorinated biphenyls and any other substance or
material which constitutes a threat to health, safety, property or the environment or which
has been or is in the future determined by any governmental entity to be prohibited, limited
or regulated by any Environmental Law.
d. "Environmental Law" means any and all federal, state or local laws, rules,
regulations, codes, ordinances, or by-laws, and any judicial or administrative interpretations
thereof, including orders, decrees, judgments, rulings, directives or notices of violation, that
create duties, obligations or liabilities with respect to: (i) human health; or (ii)
environmental pollution, impairment or .disruption, including, without limitation, laws
governing the existence, use, storage, treatment, discharge, release, containment,
transportation, generation, manufacture, refinement, handling, production, disposal, or
management of any Hazardous Material, or otherwise regulating or providing for the
protection of the environment.
26. Miscellaneous.
a. This Agreement constitutes the entire agreement and understanding between the
Parties, and supersedes all offers, negotiations and other agreements concerning the subject
matter of this Agreement. Any amendment to this Agreement must be in writing and
executed by both Parties.
b. Both Parties represent and warrant that their use of the Land and their personal
property located on it is in compliance with all applicable, valid and enforceable statutes, 'I
laws, ordinances and regulations of any competent government authority.
1~
c. If any provision of this Agreement is invalid or unenforceable with respect to any ~
Party, the remainder of this Agreement or the application of such provision to persons other
than those as to whom it is held invalid or unenforceable, shall not be affected and each d
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by Ea
law. ~
{00000262.DOC / 5} 1/3/2005 3:17 PM
TOWN OFMARANA/WELTER LEASE & SE7TLEMENTAGREEMENT PAGE tS
Special Council Meeting -June 23, 2009 -Page 81 of 131
d. Any notice or demand required to be given under this Agreement shall be made by
certified or registered mail, return receipt requested, or reliable overnight courier to the
address of the respective parties set forth below:
Welter:
c% Bill Welter
2341 S Calle Mesa del Oso
Tucson, Arizona 85748
Town:
Town of Marana
13251 N. Lon Adams Road
Mazana, AZ 85653
Attn: Anthony Casella
Phone: 520-382-2500
With a copy to:
Marana Town Attorney
13251 North Lon Adams Road
Mazana, Arizona 85653-9723
Wetter or Town may from time to time designate any other address for this purpose by
written notice to the other Party. All notices under this Agreement shall be deemed
received upon actual receipt.
e. This Agreement shall be governed by the laws of the State of Arizona.
f. This Agreement shall be recorded by and at the expense of the Town in the office of
the Pima County Recorder.
g. If the Land is encumbered by a mortgage or deed of trust, Welter agrees to obtain and
deliver to Town an executed and acknowledged non-disturbance and attornment instrument
for each such mortgage or deed of trust in a recordable foam reasonably acceptable to both
parties.
h. Welter agrees to fully cooperate, including executing necessary documentation, with
Town to obtain information and documentation cleazing any outstanding title issues that
could adversely affect Town's interest in or right to use the Premises created by this
Agreement.
i. In any case where the approval or consent of one Party is required, requested or
otherwise to be given under this Agreement, such Party shall not unreasonably delay or
withhold its approval or consent.
j. Each of the Parties represent and warrant that they have the right, power, legal
capacity and authority to enter into and perform their respective obligations under this
Agreement.
k. The captions and headings in this Agreement are for convenience only and in no way
define, limit or describe the scope or intent of any provision of this Agreement.
{00000282.DOC / 5}
TOWN OF MARANA/WELTER LEASE & SETTLEMENTAGREEMENT
1/3/2005 3:17 PM
PAGE 7
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Special Council Meeting -June 23, 2009 -Page 82 of 131
1. This Agreement may be .executed in duplicate, each of which shall be deemed an
original, and may be executed in cowiterparts with multiple signature pages being attached
together to form a single document.
m. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides for
cancellation of contracts by government entities in certain instances involving conflicts of
interest.
n. Nothing in this Agreement shall interfere witr. the Town's right or ability to comply
with all obligations imposed by law on Arizona municipalities.
o. Welter shall be responsible far compliance with all marking and lighting
requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Town
be cited because the Tower, the Premises or the Land is not in compliance and should
Welter fail to cure the con .titicns of r~oncemplia:~ce, Town may either terminate this
Agreement or proc:,~d to cu.~: the co~iditions of noncompliance at Welter's expense, which
amounts maybe deducted from the RP,n'~.
1N WITNESS wHCI:~o~, the Parties have executed this Agreement as of the date of the last
signature below.
TFi ~~ TOwIv OF 1VIARANA, ar, Arizona
.na~~icipal corlc,ratiot:
~-
By' '~ --
Its: --~~~~'~ ~-------- -
{00040L232.DOC i 51
Special C~pgil~gN~'L~c~T~P.4`~^r~4fr2~fE'N:~'A!.RF.E,ia?V:
THE ESTATE OF IRENE WET..TrR, DECEASED,
BY AND THROliGH HER PERSONAL
REPRESENTATIVE, FILL WELTER
By:
Its:
Date:
./3!20053:1? Y'R4
PAGE O
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1. This Agreement may be executed in duplicate, each of which shall be deemed an
original, and may be executed in counterparts with multiple signature pages being attached
together to form a single document.
m. This Agreement is subject to the provisions of A.R.S. § 3$-511, which provides for
cancellation of contracts by government entities in certain instances involving conflicts of
interest.
n. Nothing in this Agreement shall interfere with the Town's right or ability to comply
with all obligations imposed by law on Arizona municipalities.
o. Welter shall be responsible -for compliance with all marking and lighting
requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Town
be cited because the Tower, the Premises or the Land is not in compliance and should
Welter fail to cure the conditions of noncompliance, Town may either terminate this
Agreement or proceed to cure the conditions of noncompliance at Welter's expense, which
amounts may be deducted from the Rent.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the last
signature below.
THE TOWN OF MARANA, an Arizona
municipal corporation
By: _
Its:
Date: _
ATTEST:
THE ESTATE OF IRENE WELTER, DECEASED,
BY AND THROUGH HER PERSONAL
PRESENTATIVE, BILL WELTE
Its
D C,Y>"~
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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TOWN OF M.lRANA/WELTER LEASE & SETTLEMENTAGREEMENT
l/3/2005 3:17 PM
PAGE S
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Special Council Meeting -June 23, 2009 -Page 84 of 131
STATE OF ARIZONA )
ss..
COUNTY OF PIMA )
The foregoing instrument was acknowledged before me this `t~ day of
2005, by Bill Welter, as Personal Representative of the Estate of Irene Welter, d
OFFICIAL SEAL
DAWN ANN GARCIA
NOTARY PUBLIC-ARIZONA
Pl~riA COUNTY
Comm. i_x~..~an. 1, 2008
public
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TOWNOFMARANA/WELTERLERSE & SETTLEMENTAGREEMENT
1/3/2005 3:17 PM
PAGE 9
Special Council Meeting -June 23, 2009 -Page 85 of 131
SPECIAL COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marano, Arizona 85653
Council Chambers, June 9, 2009, at or after 6:00 PM
Ed Honea, Mayor, present
Herb Kai, Vice Mayor, present
Russell Clanagan, Council Member, present
Patti Comerford, Council Member, excused
Carol McGorray, Council Member, present
Jon Post, Council Member, present (arrived at 6:20 p.m.)
Roxanne Ziegler, Council Member, excused
SPECIAL MEETING
CALL TO ORDER AND ROLL CALL
Mayor Honea called the meeting to order at 6:OS p.m.
Attendance is as noted above.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
Led by Mayor Honea:
APPROVAL OF AGENDA
Motion to dpprove moved b>> Council Member McGorray, second by Vice Mayor Kai.
Motion married unanimoush~.
CALL TO THE PUBLIC
Council Member Patti Comerford addressed Council and stated that the Loyalty Oath
had been administered to her today, less than 24 hours before the meeting, so she would
be sitting in the audience for the meeting. She also extended her condolences to Mayor
Honea on the passing of his mother.
Kelly Allen addressed Council on the matter of the elimination of the Playroom Program
sponsored by the Parks & Recreation department. Mayor Honea noted that Ms.
Thalasitis would address this issue during her report to Council.
PRESENTATIONS
P l : Presentation: Relating to Economic Development; update on the Marana Economic
Roadmap strategic planning process
Gilbert Davidson addressed Council with an update on the steps being taken to achieve
the roadmap concept, noting that it dated back several years. The concept is a strategic
plan related specifically to economic development activities -critical issues such as
Special Council Meeting -June 23, 2009 -Page 86 of 131
infrastructure, types of industries to incentivize to become part of the community and
making sure we are an attractive community to potential businesses. Commerce is the
foundation of the town's strategic plan. The first meeting was held a few weeks ago -
with two parts - a citizen component and an internal staff component doing background
research. He noted that PSA is serving as the facilitator. He also noted for Council the
representation on the team. There will be a final roadmap report vetted through the
public, citizen commission and then to Council for consideration and possible adoption.
There will be a number of steps taken for full implementation over the next number of
years. He also noted TREO's participation in this process. He then turned the
presentation over to Josh Wright for the `next steps' part of the roadmap, primarily
detailing the meeting schedule. Several of the meetings will target specific areas which he
outlined. There will be a total of six meetings over asix-month period, with a draft plan
to Council by the end of the calendar year.
P 2: Presentation: Relating to Parks & Recreation; an update on the July 4th Star
Spangled Spectacular to be held at Arizona Pavilions
Tom Ellis presented this item to Council, beginning with an aerial view of the location
where the event will be held at Arizona Pavilions. He noted Council's support for this
event during at the March 24 study session, also noting the need for a reduced scope due
to the recommendation to reduce costs. Comcast will be sponsoring the fireworks. Many
Marana businesses have agreed to sponsor the event and will be holding events at their
locations. He then listed them. The Town is sponsoring the Marana stage. KOLD's Erin
Jordan will be the master of ceremonies, and he gave a brief outline of the entertainment.
The Mayor and Council will welcome the crowd just prior- to the fireworks which will
begin at 9:00 p.m. The event wilt be simulcast. There are no vendor areas, but town
information booths will be set up as well as restrooms and a first aid station. He then
pointed out the various event and parking areas, including the fireworks launch site near
the new district park ~~~hich is under construction. Mr. Ellis recognized town staff who
are helping to make the event happen. Council Member McGorray asked if there
would be parking near the Main Stage which Mr. Ellis showed on the map. She also
asked if Cortaro Farms Road and Arizona Pavilions would be open during the event. Mr.
Ellis responded that at this tune the plan is to be open but that they are still formulating
their major traffic plan. He noted that the key to the event is media exposure which will
begin this week.
ANNOUNCEMENT S /UPDATES
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Vice Mayor Kai noted the retirement reception for Brad DeSpain on June 30 and also
extended the town's condolences on behalf of Mayor Honea's mother.
Mayor Honea commented. and thanked the community. He also noted that he had met
with John Ayres this week regarding the new cemetery, and he was on Tucson Wake Up
radio program this morning and remarked on the recent positive media coverage Marana
is getting.
Special Council Meeting -June 23, 2009 -Page 87 of 131
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Assistant Town Manager Deb Thalasitis addressed the comments during Call to the
Public. She noted that this issue is being addressed, including options for the
continuation of the program -possibly in a different format.
TOWN REPORTS
CONSENT AGENDA
GENERAL ORDER OF BUSINESS
COUNCIL ACTION
A 1: PUBLIC HEARING: Ordinance No. 2009.11: Relating to Finance; adopting a
Town of Marano comprehensive fee schedule; amending the Marana Town Code Title 2
"Mayor and Council," Title 5 "Municipal Court," Title 6 "Animal Control," Title 9
"Business Regulations," Title 10 "Health and Sanitation," Title 12 "Traffic and
Highways," and Title 14 "Water" to conform to the adoption of the comprehensive fee
schedule; amending the Town of Marana Land Development Code Title 4 "Planning" and
Title 16 "Signs" to conform to the adoption ofthe comprehensive fee schedule; and
designating an effective date
Erik Montague presented to Council noting that this item was initially presented in May,
at which time Council directed staff to bring back a comprehensive. fee schedule
including some fees that are being incorporated as part of the list.- Staff identified an
additional nine items. that were overlooked and not included in the packet. They are not
new but are being incorporated as part of that li-st. There is a new fee being proposed -
the addition of a new commercial public records request based hourly rate fee of $30 to
defray the costs associated with providing those items.
One additional item to point out within the original packet materials which was incorrect
in the packet is a review traffic report hourly fee with a base of $70 fee of per hour. The
minimum fee originally identified as a $280 base fee and should have $560 as the
minimum base fee. He asked Council to consider the adjustment to that base fee. In
addition, because certain items are~related to water, there will be an opportunity for the
public to address matters related to water and water fees, the fee schedule does
incorporated the adjusted water connection or establishment fee of $90 that was
originally discussed at the meeting in May. The ordinance before Council adopts the
comprehensive fee schedule as well as amend various sections of the town code. He
recognized the various departments who participated in getting this information together,
especially Josh Wright for his assistance and the legal department -particularly Jane
Fairall.
Council Member McGorray asked about political signs. She felt that this might have
been written before early ballots were used to widely. Frank Cassidy addressed her
concern and noted that that provision is not enforced. He agreed that eventually the
wording could be changed as well as making other changes to the sign code.
Motion to approve moved by Council Member McGorray, second by Dice Mayor Kai.
Motion carried unanimously.
Special Council Meeting -June 23, 2009 -Page 88 of 131
Resolution No. 2009-87: Relating to Finance; declaring the Town of Marana
comprehensive fee schedule, the amendments to the Marana Town Code Title 2 "Mayor
and Council," Title 5 "Municipal Court," Title 6 "Animal Control," Title 9 "Business
Regulations," Title 10 "Health and Sanitation," Title 12 "Traffic and Highways," and
Title 14 "Water" and the amendments to the Town of Marana Land Development Code
Title 4 "Planning" and Title 16 "Signs" as public records filed with the Town Clerk
Presented by Erik Montague, noted that this item was related to the previous item. The
significant portion dealt with valuation. He noted the calculation of fees in the Council
materials.
Motion to approve moved by Council Member McGorray, second by Dice Mayor Kai.
Motion carried unanimously.
A 2: Ordinance No. 2009.12: Relating to Building; adopting the building plan review
and building permit fee schedule and fee calculation method; and designating an effective
date
Motion to approve moved by Council Member Clanagan, second by Council Member
_ ..
McGorray. Motion carried unanimously. --
Resolution No. 2009-88: Relating to Building; declaring the building plan review and
building permit fee schedule and fee calculation method as a public record filed with the
Town Clerk
Motion to approve moved by Council Member Clanagan, second by Council Member
McGorray. Motion carried unanimously.
A 3: Resolution No. 2009-89: Relating to Mayor and Council; adopting Council budget
policies regarding Travel, Training and Memberships and Community Relations, and
a~~~~
Presented byGi~bert Davidson. He noted that this was the first attempt for providing a
process for Council-related travel and training. He presented a slide showing the budget
policy overview for FY 2010 with the change to the structure of the Mayor and Council
budget. He then outlined the various components of the policy as well as the process to
support requests from the public or outside organizations. This came about through the
strategic planning process, These apply to community funding, travel and training or
memberships and due. The process actually formalizes what has been done in the past.
Council Member Post asked if a list would be generated to know which requests could
be supported. Mr. Davidson said there was no set list.
Motion to approve moved by Vice Mayor Kai, second by Council Member McGorray,
without an emergency clause. Motion carried unanimously
BOARDS, COMMISSIONS AND COMMITTEES
ITEMS FOR DISCUSSION/POSSIBLE ACTION
EXECUTIVE SESSIONS
Regarding item E.4, motion by Council Member McGorray, second by Vice Mayor Kai.
Motion carried unanimously.
Special Council Meeting -June 23, 2009 -Page 89 of 131
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
E 4: 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 Marana & Dove Mountain Extension project,
CIP number 2001-052, from the parcel of property generally identified as Pima County
Assessor's parcel number 216-23-073C
As presented by Mr. Hay, motion by Council Member Post,_ second by Council Member
McGorray to proceed as discussed in executive session to purchase the property rights
for Pima County Assessor's parcel number-216-23-073C in an amount not to exceed
$204,161. Motion carried unanimously.
FUTURE AGENDA ITEMS
ADJOURNMENT
Motion to adjourn moved by Council Member Clanagan, second by Council Member
McGorray. Motion carried unanimously.
The meeting was adjourned at 7:24 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on June 9, 2009. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
Special Council Meeting -June 23, 2009 -Page 90 of 131
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REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, June 16, 2009, at or after 7:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
Russell Clanagan, Council Member
Patti Comerford, Council Member
Carol McGorray, Counci 1 Member
Jon Post, Council Member
Roxanne Ziegler, Council Member
REGULAR. COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Honea at 7:01 p.m.
The Town Clerk called roll with all present.
PLEDGE OF ALLEGIANCE/1NVOCATION/MOMENT OF SILENCE
Led by Mayor Honea.
APPROVAL OF AGENDA
As amended, motion to approve moved by Council Member McGorray, second by Vice
Mayor Kai. Item C 1 was moved to the June 23 meeting. Motion carried unanimously.
CALL TO THE PUBLIC
David Morales spoke to the Council using excerpts from the Gettysburg Address. He
then broke the words down for the Council, emphasizing OF the people as it related to
the Council. The key word being FOR the people. He then read from a paper he wrote
dating back to 1991 when he had served on the Council, with particular emphasis on
three questions that were placed on the ballot during his tenure -relating to annexations,
relating to water and relating to sewer. He then referenced that he had left a copy of this
paper for each Council Member.
PRESENTATIONS
ANNOUNCEMENTS/UPDATES
PROCLAMATIONS
Special Council Meeting -June 23, 2009 -Page 91 of 131
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member McGorray reminded everyone of the Cotton Blossom Thrift Store
grand opening next week, June 24.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Gilbert Davidson advised that the Council Executive Report for the past two-week
reporting period was in the Council packet and submitted for adoption into the
proceedings.
STAFF REPORTS
GENERAL ORDER OF BUSINESS
CONSENT AGENDA
Council Member Clanagan acknowledged that Item C 1 had been removed from the
agenda, but he felt a need to speak on that issue. He expressed his displeasure that
Council would consider appointing a former Council Member to this position given his
past arrest record and that he would be in a position of having anything to do with the
Police Department at least until he is able to comply with the laws of the state of Arizona.
Motion to approve moved by Council Member Clanagan, second by Council Member
Ziegler, minus item C 1. Motion carried unanimously.
~.
C 1: Resolution No. 2009-90: Relating to Boards, Commissions and Committees;
approving the re-appointment of Tim Escobedo to the Marana Public Safety Personnel
Retirement System local board
This item was removed to the June 23 agenda.
C 2: Resolution No. 2009-91: Relating to Employment; approving and authorizing the
Mayor to execute a First Amendment to the Employment Agreement with Town Manager
Gilbert Davidson
C 3: Mintates of the May 21.2009 regular council meeting and June 2, 2009 regular
council meeting
COUNCIL ACTION
A 1: Resolution No. 2049-92: Relating to Development; approving and authorizing a
temporary use permit for a fenced storage yard with security trailer on a vacant lot at
4863 W. Massingale Road
Presented by Lisa Shafer. The temporary use permit is for nine months but can be
extended to one year. Most of the developer's work is being done in the northwest at this
time which would make this an ideal location for them. Council Member Comerford
asked for clarification on the primary route.
Motion to approve moved by Council Member Ziegler, second by Council Member
Clanagan. Motion carried unanimously.
Special Council Meeting -June 23, 2009 -Page 92 of 131
A 2: Resolution No. 2009-93: Relating to Mayor and Council; cancelling the July 7,
2009 regular Council meeting
There was no discussion.
Mayor Honea asked for a motion.
Motion to approve moved by Council Member McGorray, second by Vice Mayor Kai.
Motion carried unanimously.
A 3: Resolution No. 2009-94: Relating to Mayor and Council; adopting Council
Computer Equipment and Software Policies regarding the issuance and usage of town
computer equipment, software, peripherals and Internet access; and declaring an
emergency
Presented by Mr. Davidson as standard procedure as part of the strategic plan for
enhancement and transparency for government operations as a key initiative under
progress and innovation -the use and procedures and issuance of equipment for elected
officials. Historically, there has not been a policy and over the years different items have
been given to different Council Members for.-them to be able to do their job and this way
we are able to standardized and make sure that as new individuals are elected, we have a
standard procedure in place.
Motion to approve moved by Council Member Comerford, second by Council Member
McGorray. Motion carried by a unanimous Roll Call vote.
A 4: Resolution No. 2009-95: Relating to Ethics; approving the Town of Marana Code
of Principle and Ethics-Centered Governance; and declaring an emergency
Presented by Mr. Davidson as an overarching statement of policy and direction to clarify
existing laws, town policies and ordinances. He highlighted that about two years town
staff undertook an initiative to form a.working group to form an employee code of ethics,
integrating ETHICS -Excellence, Teamwork; Honesty, Integrity, Community and
Service as the acronym and noting that this is a continuation of that effort to guide
decision-making for elected officials and members of boards and commissions appointed
by the Council. Council Member Ziegler made a statement regarding the need for a
code of ethics, but congratulated Mr. Davidson and Deb Thalasitis on their work for
making this more of a governance document that would apply to all bodies, including
commissions.
Motion to approve moved by Council Member Ziegler, second by Council Member
McGorray. Motion carried by a unanimous Roll Call vote.
A 5: Relating to Mayor and Council; selection of Vice Mayor
Presented by Jane Fairall.
Motion by Council Member McGorray to appoint Herb Kai as Vice Mayor. Second by
Council Member Comerford Motion carried unanimously.
Vice Mayor Kai thanked the Mayor and Members of the Council.
BOARDS, COMMISSIONS AND COMMITTEES
Special Council Meeting -June 23, 2009 -Page 93 of 131
B 1: Presentation: Annual presentation to Mayor and Council on the activities of the
Affordable Housing Citizen Advisory Commission
Ginny Huffman, chair of the commission gave an annual report, noted the members of
the commission and reported on the work they have done, are doing, and the money they
are raising - $2700 toward the $5000 goal for the second house for the Habitat project.
She presented the work plan for the coming year including Honea Heights redevelopment
and Marana Builds Habitat projects and a comprehensive housing plan. She also noted
the efforts of T. Van Hook to get grant money and move the projects forward. She noted
that there are three commission vacancies and two alternates vacancies on the
commission and are looking for appointments from the Council to fill those positions.
She asked Council to fill those positions so that the commission can continue to move
forward with the momentum they have achieve and given them ability to explore new
options for new projects. She noted that the commission would continue to be a conduit
between the public and the Council for existing and future plans as well as provide
policy recommendation for single multi-family affordable housing and to participate on a
regional and state level to address foreclose funding and policy issues as they arise.
B 2: Resolution No. 2009-96: Relating to Boards, Comniissiops and Committees;
approving re-appointments to the Planning Commission
Presented by Lisa Shafer. She noted that three commission members terms expire on
June 30. All three have submitted requests to be reappointed.
Motion to approve moved by Council Member Clanagan, second by Council Member
McGorray. Motion carried unanimously.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Legislative Issues: Discussion/Direction/Acton regarding all pending bills before
the Legislature
There is still no budget. The Governor filed a lawsuit against the Legislature for not
filing their budget with her office. Cities and towns are still the target of opportunity by
the state. Mr. Huffman emphasized that cities and towns are suffering the same
problems that the state is encountering, and he urged everyone to stay in contact with
their legislators and encourage the Governor to support cities and towns and emphasized
that. The good news -the-baseball bill is back live and moving forward in the House.
One of the Marana representations moved it forward -Rep. Stevens and noted that Rep.
Williams was also instrumental and both should be thanked for their efforts in moving the
bill forward. Mayor Honea asked if he thought any of the bills that moved forward
would be passed that would cost the town $400K. Mr. Huffman did not know but his
hope would be that every bill. should be vetoed because there has been no public
discussion, and the numbers don't match up. He stated that it's critical to support the
Governor in doing what she said she would do to support cities and towns.
EXECUTIVE SESSIONS
Motion to go into Executive Session on item E 4 moved by Vice Mayor Kai, second by
Council Member McGorray. Motion carried unanimously.
Special Council Meeting -June 23, 2009 -Page 94 of 131
Council left the dais at 7:33 p.m.
Council returned to the dais at 8:06 p.m.
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
E 4: Executive Session pursuant to A.R.S. §38-431.03 (A)(l)to discuss and evaluate the
performance of Town Manager Gilbert Davidson
FUTURE AGENDA ITEMS
Council Member Clanagan asked staff for a response to David Morales' letter last
meeting about should Marana be called a town or a city. He would like that on a future
agenda for discussion to evaluate that and come up with a recommendation, noting that
he (Morales) brings it to Council's attention every three months. He also noted that Sen.
McCain also referred to the town as the"city" of Marana.
Council Member Post asked to look into voting as districts or wards.
ADJOURNMENT
Motion to adjourn moved by Council Member McGorray, second by Vice Mayor Kai.
Motion carried unanimously.
The meeting was adjourned at 8:08 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on June 16, 2009. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
Special Council Meeting -June 23, 2009 -Page 95 of 131
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11555 W, CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council ,Item C 10
From: Terry Tometich , Chief of Police
Strategic Plan Focus Area:
Community Building
Subject: Resolution No. 2009-107: Relating to the Police Department; authorizing the Chief of Police
to obtain vehicle registrations for three new undercover police vehicles
Discussion:
On June 2, 2009, the Council approved Resolution No. 2009-83 which authorized the Chief of Police to
renew vehicle registrations for all Marana Police Department undercover vehicles. However, when
MPD personnel attempted to obtain vehicle registration for three new undercover police vehicles, staff
was informed that the resolution passed on June 2, 2009 did not include authorization to register the new
vehicles. This item will authorize the Chief of Police to obtain vehicle registrations for the three .new
undercover vehicles.
Financial Impact:
There is no cost to the Town for licensing these undercover vehicles
ATTACHMENTS:
Name: L)escril~tion: T}-1~e:
O Reno re undercover vehicle_
regi_stration_fcar 3 new_vehicles Resolutis~?~
(OE143 5335}._DC)C
Resolution
Staff Recommendation:
Staff recommends approval of the registration for the designated police vehicles
Suggested Motion:
I move to approve Resolution No. 2009-107, authorizing the Chief of Police to obtain vehicle
registrations for three new undercover police vehicles.
Special Council Meeting -June 23, 2009 -Page 97 of 134
MARANA RESOLUTION NO. 2009-107
RELATING TO THE POLICE DEPARTMENT; AUTHORIZING THE CHIEF OF POLICE TO
OBTAIN VEHICLE REGISTRATIONS FOR THREE NEW UNDERCOVER POLICE VEHICLES
WHEREAS the Town of Marana owns a number of vehicles assigned to the Police Depart-
ment that require undercover license plates which must be renewed annually; and
WHEREAS the -Mayor and Council of the Town of Marana feel it is in the best interests of
the public to obtain the vehicle registrations for the undercover police vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Chief of Police is authorized to obtain vehicle registrations for three
new Marana Police Department vehicles that require undercover license plates.
PASSED AND ADOPTED by the Mayor and Council ofthe Town of Marana, Arizona, this
23`d day of June, 2009.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Special Council Meeting -June 23, 2009 -Page 98 of 134
{000!5335. DOC /}
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council
From: Erik Montague ,Finance Director
Strategic Plan Focus Area:
Commerce, Community Building, Heritage, Progress and Innovation, Recreation
Item A 1
Subject: PUBLIC HEARING: Resolution No. 2009-103: Relating to Budget; adoption of the
Town's fiscal year 2009-10 final budget
Discussion:
On June 2nd, 2009, Mayor and Council adopted a tentative budget for fisca12009-2010. In adopting the
tentative budget, Mayor and Council established the expenditure limitation for the Town for the fiscal
year.
Adoption of Resolution 2009-103, which requires a public hearing, is the last formal step in the process
of adopting the final budget. After receiving public input, Mayor and Council are being asked to adopt a
final budget that shall not exceed $195,356,484. Although Council may choose to reallocate funding
among departments and/or programs/services, staff does not anticipate any reallocations from the
tentative budget.
Including position adjustments made during the current fiscal year, staffing has decreased by 20
positions from 367 positions to approximately 347. Staff has also attached a summary copy of the
budget as well as the official budget forms required by the State of Arizona's Auditor General's office
as published for tonight's public hearing.
Upon adoption of the final budget, staff will publish and distribute to Council and department heads a
bound budget document that provides more detailed information. Additionally, this published budget
will be submitted to the Government Finance Officers Association for consideration of the
Distinguished Budget Presentation Award.
ATTACHMENTS:
Nan-te:
^ 2010FinalBudgetResolution.doc
Description:
FY2010 Final Budget Resolution
Type:
Resolution
^ 2010AudtorGeneralBudgetForms wBudgetAdj.pdf FY2010 Auditor General Schedules
^ 2010 Final Budoet Summary.pdf FY2020 Final Budget_Summary
^ 2010 Overall_Positon.._Summary Sum..m..a_ry...pdf 2010 Overall Postian Summary
Staff Recommendation:
Backup Material
Backup Material
Backup Material
Staff recommends approval of Resolution 2009-103, which adopts the final budget for fiscal year 2009-
Special Council Meeting.- June 23, 2009 -Page 96 of 131
2010 in the amount of $195,356,484.
Suggested Motion:
I move to approve Resolution 2009-103, adopting the fiscal year 2009-2010 final budget.
Special Council Meeting -June 23, 2009 -Page 97 of 131
MARANA RESOLUTION N0.2009-103
RELATING TO BUDGET; ADOPTION OF THE TOWN'S FISCAL YEAR 2009-10
FINAL BUDGET
WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Articles 1-
5, Arizona Revised Statutes (A.R.S.), the Marana Town Council did, on June 2nd, 2009,
make an estimate of the different amounts required to meet the public
expenditures/expenses for the ensuing year, also an estimate of revenues from sources
other than direct taxation, and the amount to be raised by taxation upon real and personal
property of the Town of Marana, and
WHEREAS, in accordance with said chapter of said title, and following due
public notice, the Council met on June 23rd, 2009, at which meeting any taxpayer was
privileged to appear and be heard in favor of or against any of the proposed
expenditures/expenses or tax levies, and
WHEREAS, it appears that publication has been duly made as required by law, of
said estimates together with a notice that the Town Council would meet on June 23rd
2009, at the office of the Council for the purpose of hearing taxpayers and making tax
levies as set forth in said estimates, and
WHEREAS, it appears that the sums to be raised by taxation, as specified therein,
do not in the aggregate exceed that amount as computed in A.R.S. §42-17051(A).
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, that that the said estimates of revenues and expenditures/expenses
shown on the accompanying schedules, as now increased, reduced, or changed, are
hereby adopted as the budget of the Town of Marana for the fiscal year 2009-2010.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 23`d day of June 2009.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Special Council Meeting -June 23, 2009 -Page 98 of 131
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TOWN OF MARANA
Summary of Tax Levy and Tax Rate Information
Fiscal Year 2010
2009
1. Maximum allowable primary property tax levy.
A.R.S. §42-17051(A) $
2. Amount received from primary property taxation in
the current year in excess of the sum of that year's
maximum allowable primary property tax levy.
A.R.S. §42-17102(A)(18) $
3. Property tax levy amounts
A. Primary property taxes $
B. Secondary property taxes 698,116
C. Total property tax levy amounts $ 698,116
4. Property taxes collected*
A. Primary property taxes
(1) Current year's levy $
(2) Prior years' levies
(3) Total primary property taxes $
B. Secondary property taxes
(1) Current year's levy $
(2) Prior years' levies
(3) Total secondary property taxes $
C. Total property taxes collected $
5. Property tax rates
A. City/Town tax rate
(1) Primary property tax rate
(2) Secondary property tax rate 2.8000
(3) Total city/town tax rate 2.8000
2010
654,879
$ 654,879
2.8000
2.8000
B. Special assessment district tax rates
Secondary property tax rates - As of the date the proposed budget was prepared, the
city/town was operating four special assessment districts for which secondary
property taxes are levied. For information pertaining to these special assessment districts
and their tax rates, please contact the city/town.
* Includes actual property taxes collected as of the date the proposed budget was prepared, plus
estimated property tax collections for the remainder of the fiscal year.
Special Council Meeting -June 23, 2009 -Page 100 of 131
4/08 SCHEDULE B
TOWN OF MARANA
Summary by Fund Type of Revenues Other Than Property Taxes
Fiscal Year 2010
ESTIMATED ACTUAL ESTIMATED
REVENUES REVENUES* REVENUES
SOURCE OF REVENUES 2009 2009 2010
GENERAL FUND
Local taxes
Sales taxes $ 20,465,605 $ 18,115,096 $ 20,595,960
Licenses and permits
Building and development fees
Business and license fees
Franchise fees
Intergovernmental
State shared sales tax
Urban revenue sharing
Auto lieu
Charges for services
Park and recreation fees
Other miscellaneous charges
Fines and forteits
Court fines and fees
Interest on investments
Investment income
Miscellaneous
Other miscellaneous income
Lease income
2,801,585 1,407,000 1,624,550
112,750 102,000 150,000
252,350 257,800 278,500
2,496,844 1,930,000 2,054,630
3,989,771 3,971,000 3,450,375
1,197,290 1,022,000 1, 099,830
513,728 392,560 360,590
695,145 709,300 769,975
443,000 275,500 151,260
853,900 812,000 819,425
493,300 493,300 493,300
Total General Fund $ 34,315,268 $ 29,487,556 $ 31,848,395
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
Special Council Meeting -June 23, 2009 -Page 101 of 131
4/08 SCHEDULE C Page 3 of 10
TOWN OF MARANA
Summary by Fund Type of Revenues Other Than Property Taxes
Fiscal Year 2010
ESTIMATED ACTUAL ESTIMATED
REVENUES REVENUES* REVENUES
SOURCE OF REVENUES 2009 2009 2010
SPECIAL REVENUE FUNDS
Highway User Revenue Fund
Highway user revenue $ 2,324,383 $ 1,955,160 $ 1,801,650
Total Highway User Revenue Fund $ 2,324,383 $ 1,955,160 $ 1,801,650
Local Transportation Assistance Fund
Local transportation assistance $ 190,100 $ 201,300 $ 205,285
Total Local Transportation Assistance Fund $ 190,100 $ 201,300 $ 205,285
MANTIS $ 61,975 $ $ 61,975
H I DTA 52,000 51,372 52,000
Auto Theft 61,975 2,314 61,975
CDBG 300,000 49,560 400,000
Affordable Housing Revolving Fund 10,000 3,000 2,546
Local JCEF 13,950 14,118 14,250
Local Technology Enhancement Fund 65,750 98,530 107,060
Fill the Gap 5,000 5,071 2,500
RICO 20,000 12,030 30,515
Other Grants 500,000 150,984 900,000
HOME 250,000
$ 1,090,650 $ 386,979 $ 1,882,821
Total Special Revenue Funds $ 3,605,133 $ 2,543,439 $ 3,889,756
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remain der of the fiscal year.
Special Council Meeting -June 23, 2009 -Page 102 of 131
4/08 SCHEDULE C Page 4 of 10
TOWN OF MARANA
Summary by Fund Type of Revenues Other Than Property Taxes
Fiscal Year 2010
ESTIMATED ACTUAL ESTIMATED
REVENUES REVENUES* REVENUES
SOURCE OF REVENUES 2009 2009 2010
DEBT SERVICE FUNDS
Tangerine Farms Road Improvement Dist. $ 2,114,731 $ 2,114,731 $ 2,136,858
Other Debt Service Funds 900,000 900,000 630,000
Gladden Farms CFD 614,407 640,730
$ 3,629,138 $ 3,014,731 $ 3,407,588
Total Debt Service Funds $ 3,629,138 $ 3,014,731 $ 3,407,588
CAPITAL PROJECTS FUNDS
Transportation Fund
1 /2 Cent Sales Tax Fund
-Impact Fee Funds
Other Capital projects funds
Tangerine Farms Road Improvement Dist.
Investment Income
CFD Capital Projects
Gladden Farms CFD
Saguaro Springs CFD
Vanderbilt Farms CFD
$ 8,552,847 $ 7,023,319 $ 3,631,245
35,370 30,559
1,700,325 277,885 563,243
38,840,614 17,546,820 71,439,000
$ 49,129,156 $ 24,878,583 $ 75,633,488
$ 172,240 $ $ 113,371
4,735
3,833,709
$ 4,005,949 $ 4,735
66,798
27,300
254,128
$ 461,597
Total Capital Projects Funds $ 53,135,105 $ 24,883,318 $ 76,095,085
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
Special Council Meeting -June 23, 2009 -Page 103 of 131
4/08 SCHEDULE C Page 5 of 10
TOWN OF MARANA
Summary by Fund Type of Revenues Other Than Property Taxes
Fiscal Year 2010
ESTIMATED ACTUAL ESTIMATED
REVENUES REVENUES* REVENUES
SOURCE OF REVENUES 2009 2009 2010
ENTERPRISE FUNDS
Water Fund
Charges for services $ 2,850,000 $ 2,507,088 $ 2,804,247
Water Impact Fees 861,400 295,132 272,000
Interest 67,740 6,823 9,600
$ 3,779,140 $ 2,809,043 $ 3,085,847
Airport Fund
User Fees $ 240,000 $ 81,502 $ 240,000
Grants 9,128,010 2,223,808 5,585,318
$ 9,368,010 $ 2,305,310 $ 5,825,318
Total Enterprise Funds $ 13,147,150 $ 5,114,353 $ 8,911,165
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
TOTAL ALL FUNDS $ 107,831,794 $ 65,043,397 $ 124,151,989
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
Special Council Meeting -June 23, 2009 -Page 104 of 131
4/08 SCHEDULE C Page 6 of 10
TOWN OF MARANA
Summary by Fund Type of Other Financing Sources/<Uses> and Interfund Transfers
Fiscal Year 2010
FUND
GENERAL FUND
Series 1997 Debt
$
Series 2003 Debt
Series 2004 Debt
Series 2008 Debt
LTAF
Other Grants
Airport
Total General Fund
SPECIAL REVENUE FUNDS
LTAF $
$
Other Grants
OTHER FINANCING
2010
SOURCES <USES>
INTERFUND TRANSFERS
2010
IN <OUT>
$ $ 157,328
1,385,278
633,425
242,337
20,000
100,000
347,000
$ $ 2,885,368
$ 20,000 $
100,000
Total Special Revenue Funds $ $ $ 120,000 $
DEBT SERVICE FUNDS
Series 1997 Debt $ $ $ 383,728 $
Series 2003 Debt 1,385,278
Series 2004 Debt 633,425
Series 2008 Debt 1,949,463
Other Debt Service 292,617
Total Debt Service Funds $ $ $ 4,644,511 $
CAPITAL PROJECTS FUNDS
Transportation fund $ $ $ $ 1,935,120
Gladden Farms CFD 2,200,000
Vanderbilt Farms CFD 1,500,000
Total Capital Projects Funds $ 3,700,000 $ $ $ 1,935,120
PERMANENT FUNDS
$ $ $ $
Total Permanent Funds $ $ $ $
ENTERPRISE FUNDS
Water Utility $ 36,400,000 $ $ $ 226,400
.Airport 347,000 64,623
Total Enterprise Funds $ 36,400,000 $ $ 347,000 $ 291,023
INTERNAL SERVICE FUNDS
$ $ $ $
Special CounciQNTee~ing rluae~~ 1uU9 -Page~ID5 ~ $ $ $
4/08 SCHEDULE D
TOWN OF MARANA
Summary by Fund Type of Other Financing Sources/<Uses> and Interfund Transfers
Fiscal Year 2010
OTHER FINANCING INTERFUND TRANSFERS
2010 2010
FUND SOURCES <USES> IN <OUT>
TOTAL ALL FUNDS $ 40,100,000 $ $ 5,111,511 $ 5,111,511
Special Council Meeting -June 23, 2009 -Page 106 of 131
4/08 SCHEDULE D
TOWN OF MARANA
Summary by Department of Expenditures/Expenses Within Each Fund Type
Fiscal Year 2010
FUND/DEPARTMENT
Engineering
Community Development
Ecomonic Development
Parks and Recreation
Capital Outlay
Total General Fund
SPECIAL REVENUE FUNDS
HURF
LTAF
MANTIS
HIDTA
Auto Theft
CDBG
Afforable Housing Revolving Fd.
LocaIJCEF
Local Tech Enhancement Fund
Fill-the-Gap
RICO
HOME
ADOPTED EXPENDITUREI
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURESI ADJUSTMENTS EXPENDITURESI EXPENDITURESI
EXPENSES APPROVED EXPENSES' EXPENSES
2009 2009 2009 2010
$ 3,165,504 $ (12,656) $ 3,178,667 $ 3,144,082
217,308 157,275 239,882
366,668 (7,700) 240,910 232,008
1,586,553 (66,800) 1,289,695 1,030,734
672,686 (118,285) 521,260 478,610
695,584 (68,812) 830,425 697,444
880,471 (57,844) 817,447 796,490
116,661 (17,550) 76,695 87,628
1,885,687 (98,448) 1,277,736 1,707,122
946,501 (10,715) 832,342 990,272
9,717,641 (271,639) 8,891,520 9,327,869
1,584,147 (453,284) 944,294 835,385
3,739,004 (610,850) 2,792,440 1,467,568
294,791 42,111 236,515 421,002
1,376,296 (351,765) 898,665. 919,758
3,067,970 (3,067,970)
1, 816, 534 1, 882, 580 1, 07 8, 205
1, 910, 951 1, 866, 457 1, 536, 853
328,365 (49,295) 263,445 223,716
272,939 (145,709) 38,232 148,000
4,351,361 (570,446) 3,318,832 3,702,695
2,302,000 (180,000) 1,407,353
$ 37,568,137 $ (2,390,172) $ 30,355,432 $ 30,472,676
$ 2,835,575 $ (500,000) 1,382,400
134,750 82,271
61,975
52,000
61,975
300,000 43,106
218,000 22,009
13,950
65,750 10,032
5,000
94,373 23,830
Other Grants 550,000 222,501
Total Special Revenue Funds $ 4,393,348 $ (500,000) $ 1,786,149
DEBT SERVICE FUNDS
Series 1997 Debt
Series 2003 Debt
Series 2004 Debt
Series 2008Debt
Tangerine Farms ID Debt
CFD Debt
Other Debt
$ 399,010 $
1,378, 830
637,975
2,114,731
510,551
1,047,747
$ 399,010
1,378,830
637,975
2,114,731
510,551
1,047,747
$ 2,326,911
225,285
61,975
52,000
61,975
400,000
200,000
40,800
253,000
31,000
94,373
250,000
1,000,000
$ 4,997,319
$ 383,728
1,385,278
633,425
1,949,463
2,136,858
640,730
925,117
Total Debt Service Funds $ 6,088,844 $
CAPITAL PROJECTS FUNDS
Transportation Fund
1/2 Cent Sales Tax
Impact Fee Funds
HELP Loan Fund
Tangerine Farms ID
Other Capital Projects
CFD Capital Projects
Gladden Farms CFD
Gladden Farms (Phase II) CFD
Saguaro Springs CFD
Vanderbilt Farms CFD
Total Capital Projects Funds
ENTERPRISE FUNDS
Water Operating
Water Capital
Airport Operating
Airport Capital
Total Enterprise Funds
TOTAL ALL FUNDS
$ 6,088,844 $ 8,054,599
$ 16,577,886 $ (1,747,080) $ 11,688,728 $ 2,796,695
5,000,000 1,781,130 2,000,000
13,482,485 1,460,286 7,966,000
1,500
3,969,340 938,171 136,685
51,175,136 17,547,816 90,494,094
20,627,425
2,349,500
25,000
29,000
1,643,500
$ 110,832,272 $ (1,747,080) $ 33,417,631 $ 107,440,474
$ 2,969,641 $ $ 1,919,331 $ 2,641,930
38,630,000 1,993,435 35,441,435
336,030 355,428 375,468
10,682,243 3,363,856 5,932,583
$ 52,617,914 $ $ 7,632,050 $ 44,391,416
$ 211,500,515 $ (4,637,252) $ 79,280,106 $ 195,356,484
Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed
Special Council M~~t~ w8®rR~P9rePbe~s ~Zat~tj7e~e~jtures/expenses for the remainder of the fiscal year.
4/08 SCHEDULE E
GENERAL FUND
TOWN OF MARANA
Summary by Department of Expenditures/Expenses
Fiscal Year 2010
ADOPTED EXPENDITURE/
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/
EXPENSES APPROVED EXPENSES* EXPENSES
DEPARTMENT/FUND 2009 2009 2009 2010
Non-departmental
General Fund $ 3,165,504 $ (12,656) $ 3,178,667 $ 3,144,082
Tangerine Farms ID 136,685 938,171 136,685
Transportation Capital Projects 1,794,695 1,587,732 1,548,000
Other Grants 550,000 100,254 1,000,000
LTAF
Department Total $ 5,646,884 $ (12,656) $ 5,804,824 $ 5,828,767
Court
General Fund 946,501 $ (10,715) $ 832,342 $ 990,272
Local JCEF $ 13,950 40,800
Fill-the-Gap 5,000 31,000
Local Tech Enhancement Fund 65,750 10,032 253,000
Department Total $ 1,031,201 842,374
Community Development
$ $ $ 223,716
General Fund 328,365 (49,295) 263,445 400,000
CDBG 300,000 43,106 200,000
Revolving Affordable Housing 218,000 22,009 225,285
LTAF
Department Total $ 846,365 328,560
Operations and Maintenance
$ $ $
General Fund $ 3,961,004 (610,850) 2,792,440 1,467,568
Transportation Capital Projects 75,000 19,191
HURF 2,685,575 1,256,913 2,326,911
LTAF 134,750 51,569
Department Total $ 6,856,329 4,120,113
Engineering
General fund 1,910,951 $ 1,910,951 $ 1,910,951 $ 1,536,853
Transportation Capital Projects $ 6,000 377,000
Department Total $ 1,916,951 1,910,951
Police
$ $ $
General Fund $ 9,717,641 (271,639) 8,891,520 9,327,869
RICO 94,373 23,830 94,373
HIDTA 52,000 52,000
MANTIS 61,975 61,975
Auto Theft 61,975 61,975
Department Total $ 9,987,964 8,915,350
* Includes actual
Special Council Meeting -June 23, 2009 -Page 108 of 131
4/08 SCHEDULE F
TOWN OF MARANA
PROPOSED FINAL BUDGET
FISCAL YEAR 2009-2010
101 103 104 105 10B 107 204 215 242
General South North East Desert North West Parks Tangerine Transport
Revenues Fund Benefit Trans Benefit Education Trans Benefit Impact Road ID Capital PAG
Sales Tax Revenues 20,595,960 3,560,150
Property Taxes..:
Other Agency Revenues 6,604,835 1,880,000
Licenses, Fees & Permits 2,053,050` 64,402 102,000 5,000 51,750 276,000
Fines, forteitures & penalties 769,975
Current Use Charges 36D,590 100,000
Other Revenues 744,425
Lease Income 493,300
Investment Income 151,260 24,287 2,500 1,758 2,500 33,046 3,371 71,095
System Development Fees. 75,D00 1D,000
Total Revenues 31,848,395 88,689 104,500 6,758 54,250 309,048 113,371 3,631,245 1,880,000
Expenditures
General Government
Non-departmental 3,144,082 136,685 1,548,000
Mayor and Counal 239,882
Town Clerk 232,008
Town Manager 1,030,734
Human Resources 478,610
Finance and Accounting ., 697,444
Legal Department 796,490
Public Information Office 87,628
Technology Services 1,707,122
Courts 990,272
Public Safety
Police 9,327,869 +'
Building Safety Department 835,385
Highways and Streets
Operations & Maintenance
e,...,...,,,c.. s,.a r........,~..:t.. 1;467,568
...Development Services Admin 421, 002
Planning Department 919,758
Capital Improvement Division 1,078,205
Engineering 1,536,853 377,000
Community Development 223,716
Economic Development Office 148,000
Culture and Recreation
Parks and Recreation 3,463,736
Health and Welfare
Senior and Therapy Programs 238,959
Enterprise Funds
Water
Airport
Capital Outlay 1,407,353 5,000,000 2,966,000 827,000 1,880,000
Debt Service 44,695
Community Facilities Districts
Total Expenditures 30,472,676 5,000,000 0 0 0 2,966,000 136,685 2,796,695 1,880,000
Excess (deficiency) of revenues
over expenditures 1,375,719 (4,911,311) 104,500 6,758 54,250 (2,656,954) (23,314) 834,550 0
Other Financing Sources (Uses)
33,358,044
Transfers In
Transfers Out (2,885,368) (1,935,120)
Bonds
Total Other Financing
Sources/(Uses) (2,885,368) 0 0 0 0 0 0 (1,935,120) 0
Changes in Fund Balances (1,509,649) (4,911,311) 104,500 6,758 54,250 (2,656,954) (23,314) (1,100,570) 0
l
ance*
Beginning Fund
Ba 16,100,000 4,945,809 46,150. 230,922 1,307,790 3,891,939 1,656,358 4,355,290 0
a
~
a
Ending FyppeBl811 (:ouncil Meetin X4,59 5 _ _ 34,49$_ - .130,650 237,680 1,362,040 1,034,985 1,633,044 3,254,720 0
* Projected 1 of 5 6/16/2009 1:08 PM
TOWN OF MARANA
PROPOSED FINAL BUDGET
FISCAL YEAR 2009-2010
245 250 246 247 241 240
1l2 cent Pima County Other 2008 Bonds CFD
Revenues RTA STP Sales Tax Bonds Agency Capital Capital HURF LTAF
Sales Tax Revenues
Property Taxes 98,226
Other Agency Revenues 37,424,000 9,571,000 0 22,564,000 0 1,801,650 205,285
Licenses, Fees 8 Permits
Fines, forteitures & penalties
Current Use Charges
Other Revenues
Lease Income
Investment Income 0 0 0
System Development Fees 334,077.
Total Revenues 37,424,000 9,571,000 0 0 22,564,000 0 432,303 1,801,650 205,285
Expenditures
General Government
Non-departmental
Mayor and Council
Town Clerk
Town Manager
Human Resources
Finance and Accounting
Legal Department
Pubiiclnforrnation Office
Technology Services
Courts
Public Safety
Police
Building Safety Department
Highways and Streets
Operations & Maintenance 2,326,911
Economic and Community
Development
Development Services Admin
Planning Department
Capital Improvement Division
Engineering
Community Development 225,285
Ewnomic Development Office
Culture and Recreation
Parks and Recreation
Health and Welfare
Senior and Therapy Programs
Enterprise Funds
Water
Airport
Capital Outlay 37,424,000 9,571,000 2,000,000 2,055,094 22,564,000. 17,000,000
Debt Service
Community Facgities Oistr[ets 4,047,000
Total Expenditures 37,424,000 9,571,000 2,000,000 2,055,094 22,564,000 17,000,000 4,047,000 2,326,911 225,285
Excess (deficiency) of revenues
over expenditures 0 0 (2,000,000) (2,055,094) 0 (17,000,000) (3,614,697) (525,261) (20,000)
Other Financing Sourees (Uses)
Transfers In 20,000
Transfers Out
Bonds 3,700,000
Total Other Financing
Sources/(Uses) 0 0 0 0 0 0 3,700,000 0 20,000
Changes in Fund Balances 0 0 (2,000,000) (2,055,094) 0 (17,000,000) 85,303 (525,261) 0
Beginning Fund Balanee* 0 0 2,002,615 0 0 17,000,000 277,669 525,261 218,458
Endin F d Bal ce
9 0 0 2 615 (2,055,094) 0 0 362,972 0 218,458
~pecia~~ouncil Meetil~~ aiae-~8--~ ~egert ~
* Projected 2 of 5 6/16/2009 1:08 PM
TOWN OF MARANA
PROPOSED FINAL BUDGET
FISCAL YEAR 2009-2010
201 202 206 222 224 225 226 227
Affordable Other Auto
Revenues CDBG Housing HOME Grants Rico HIDTA MANTIS Thett JCEF
Sales Tax Revenues
Property. Taxes
Other Agency Revenues 400,000 250,000 900,000 28,900 52,000 61,975 61,975
Licenses, Fees & Permits 14,250
Fines, forteitures & penalties
Current Use Charges
Other Revenues
tease Income
Investment Income 0 2,546 1,615
System Development Fees _ __ --
Total Revenues 400,000 2,546 250,000 900,000 30,515 52,000 61,975 61,975 14,250
Expenditures
General Government
Non-departmental 1,000,000
Mayor and Counal
Town Clerk
Town Manager
Human Resources
Finance and Accounting
Legal Department
Public Information Office
Technology Services
Courts 40,800.':.
Public Safety
Police 94,373 52,000 61,975 61,975
Building Safety Department
Highways and Streets
Operations & Maintenance
Economic and Community
Development
Development Services'Admirr
Planning Department
Capital Improvement Division
Engineering
Community Development .400,000 200,000
Ecronomic Development Office
Culture and Recreation
Parks and Recreation
Health and Welfare
Senior and Therapy Programs
Enterprise Funds
Water
Airport
Capital Outlay 250,000
Debt Service
Community Facilities Districts
Total Expenditures 400,000 200,000 250,000 1,000,000 94,373 52,000 61,975 61,975 40,800
Excess (de0efeney) of revenues
over expenditures 0 (197,454) 0 (100,000) (63,858) 0 0 0 (26,550)
Other Financing Sources (Uses)
Transfers In 100,000
Transfers Out
Bonds
Total Other Financing
Sourcesl(Uses) 0 0 0 100,000 0 0 0 0 0
Changes in Fund Balances 0 (197,454) 0 0 (63,858) 0 0 0 (26,550)
Beginning Fund Balance* 0 197,454 0 0 63,858 0 0 0 26,550
Ending Fr~npeB al~rZcOUnClI Meeti 0 0 0 0 0 0 0 0 0
* Projected 3 of 5 6/16/2009 1:08 PM
TOWN OF MARANA
PROPOSED FINAL BUDGET
FISCAL YEAR 2009-2010
228 230
Local Other Debt CFD
Revenues Fill-the-Gap Teeh 97 Debt 03 Debt 04 Debt 08 Debt TFRID Service Debt Svc
Sales Tax Revenues
Property Taxes 556,653.:;
Other Agency Revenues 630,000
Licenses, fees & Permits- 2,500 107;060
Fines, forteitures & penalties
Current Use Charges 2,136,858
Other Revenues
Lease lnwme
Investment Income
System Development Fees __ &4,077
Total Revenues 2,500 107,060 0 0 0 0 2,136,858 630,000 640,730
Expenditures
General Government
Non-departmental
Mayor and Counal
Town Clerk
Town Manager
Human Resources
Finance and Accounting
Legal Department
Public Information Office
Technology Services
Courts. 31,000 253,000
Public Safety
Police
Building Safety Department
Highways and Streets
Operations & Maintenance
Economic and Community
Development
Development Services Admirt
Planning Department
Capital Improvement Division
Engineering
Community Development
Economic Development Office
Culture and Recreation
Parks and Recreation
Health and Welfare
Senior and Therapy Programs
Enterprise Funds
Water
Airport
Capital Outlay
Debt Service 383,728 1,385,278 633,425 1,949,463 2,136,858 925,117
Community Facilities Districts 640,730
Total Expenditures 31,000 253,000 383,728 1,385,278 633,425 1,949,463 2,136,858 925,117 640,730
Excess (defleleney) of revenues
over expenditures (28,500) (145,940) (383,728) (1,385,278) (633,425) (1,949,463) 0 (295,117) 0
Other Financing Sources (Uses)
Transfers In 383,728 1,385,278 633,425 1,949,463 0 292,617
Transfers Out
Bonds
Total Other Financing
Sources/(Uses) 0 0 383,728 1,385,278 633,425 1,949,463 0 292,617 0
Changes in Fund Balances (28,500) (145,940) 0 0 0 0 0 (2,500) 0
Beginning Fund B
a
lance' 28,500 145,940 0 0 0 0 0 2,500 510,561
r
~
Ending F~npeCi8~C:0UI1Cll Meeti 0 0 0 0 0 0 0 0 510,581
* Projected 4 of 5 6/16/2009 1:08 PM
TOWN OF MARANA
PROPOSED FINAL BUDGET
FISCAL YEAR 2009-2010
Water Airport
Revenues Fund Fund Total
Sales Tax Revenues 24,156,110
Property Taxes 654,879
Other Agency Revenues 5,585,318 88,020,938
Licenses, Fees $ Permits 272,OOD 2,948,012"
Fines, forteitures $ penalties 769,975
Current Use Charges 2,804,247 240,000 5,641,695
Other Revenues 744,425
Lease Income 493,300
Investment Income 9,600 303,578
System Development Fees 503,154
Total Revenues 3,085,847 5,825,318 124,236,066
Expenditures
General Government
Non-departmental 5,828,767
Mayor and Council 239,882
Town Clerk 232,008
Town Manager 1,030,734
Human Resources 478,610
Finance and Accounting 697,444
legal Department 796,490
Punic Information Office 87,628
Technology Services 1,707,122
Courts 1,315,072
Public Safety
Police 9,598,192r
Building Safety Department 835,385
Highways and Streets
Operations $ Maintenance. 3,794,479
Economic and Community
Development
Development Services Admin 421,002
Planning Department 919,758
Capital Improvement Division 1,078,205
Engineering 1,913,853
Community Development 1,049,001
Economic Development Office 148,000
Culture and Recreation
Parks and Recreation: 3,463,736
Health and Welfare
Senior and Therapy Programs 238,959
Enterprise Funds
Water 2,641,930 2,641,930
Airport 375,468 375,468
l:aptal Outlay „ 35,441,435 5,932,583 .944,318,465
Debt Service 7,458,564
Community Facilities Districts 4,687,730
Total Expenditures 38,083,365 6,308,051 195,356,484
Excess (deficiency) of revenues
over expenditures (34,997,518) (482,733) (71,120,418)
Other Financing Sources (Uses)
Transfers In 347,000 5,111,511
Transfers Out (226,400) (64,623) (5,111,511)
Bonds 36,400,000 40,100,000
Total Other Financing
Sources/(Uses) 36,173,600 282,377 40,100,000
Changes in Fund Balances 1,176,082 (200,356) (31,020,418)
Beginning Fund Balance* 920,000 (490,000) 53,763,644
Endin F d BFI ce
9 x,096,06 (60,356 2?,743,226
~pecla~~ouncil Meetir; ~~ir~g@ .
9E~ _
* Projected 5 of 5 6/16/2009 1:08 PM
MARANA FY 2008 Final Budget Position Reconciliation S
° ummary
~~ ~
1 \.
~~
2009 2009 2010
Department Adopted Amended Final
Town Clerk 3.00 3.00 3.00
Town Manager 12.00 12.00 12.10
Human Resources 7.00 7.00 5.00
Finance & Accounting 7.75 7.75 7.75
Legal Department 9.00 9.00 8.60
Community Development 3.00 3.00 3.00
Public Information Office 1.00 1.00 1.00
Economic Development Office 1.00 1.00 0.00
Permit & Records Center 5.00 9.00 7.12
Operations & Maintenance 36.33 36.33 32.00
Building Safety Department 19.00 14.00 10.00
Planning Department 15.00 15.00 12.00
Capital Improvement Program 37.00 19.00 16.88
Engineering 0.00 16.00 15.88
General Manager -Development Servi~ 0.00 1.00 1.00
General Manager -Public Services 0.00 1.00 1.00
Technology Services 12.00 12.00 11.40
Police 113.33 114.33 111.00
Courts 13.00 13.00 14.00
Parks -Administration 4.00 4.00 4.00
Parks -Recreation 25.25 25.25 24.00
Parks -Maintenance 18.00 18.00 22.00
Parks -Senior Programs 2.50 2.50 1.00
Parks -Therapeutic Program 1.00 1.00 1.00
Marana Water Department 18.84 18.84 19.00
Airport Operations 3.00 3.00 3.00
367 367 346.72
Special Council Meeting -June 23, 2009 -Page 114 of 131
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council Item A 2
From: Suzanne Machain ,Human Resources Director
Strategic Plan Focus Area:
Progress and Innovation
Subject: Resolution No. 2009-104: Relating to Personnel; approving a salary schedule for temporary
employees for fiscal year 2009-2010; and declaring an emergency
Discussion:
The attached Resolution accomplishes the adoption of the Town's FY 2009-2010 Temporary Salary
Schedule.
On April 7, 2009, the Council approved the creation of a salary schedule for short-term temporary
employees. Previously, these employee classifications had not been placed on any salary schedule. The
Town also has term-limited temporary employees who have historically not been placed on a salary
schedule. For proper authorization in assigning pay, all employee classifications should be placed on a
salary schedule. This item proposes to add existing term-limited temporary employee classifications to
the short-term temporary salary schedule and to rename that schedule to a more inclusive Temporary
Salary Schedule.
The positions which will be added to the renamed Temporary Salary Schedule (formerly the Short-Term
Temporary Salary Schedule) are as follows:
1. Intern
2. Management Intern
3. Equipment & Logistics Coordinator
4. Executive Fellow
5. Assistant to the Chief of Police
Financial Impact:
Adoption of the Temporary Salary Schedule as presented is consistent with the FY 2009-2010 budget.
ATTACHMENTS:
Name: Description: Type:
~ Reso re~1J[11.a~tion_of
temp salary._schedule._for.FY_09.- Resolution Resolution
1~00015_2.26~..DOC
D EX A - Temporary_Salary. Exhibit A-Temporary Salary Schedule Exhibit
Schedule for FY 2009-2010
Special Council Meeting -June 23, 2009 -Page 115 of 131
~000...15223)XLS
Staff Recommendation:
Staff recommends approval of the FY 2009-2010 Temporary Salary Schedule.
Suggested Motion:
I move to approve Resolution No. 2009-104, approving a salary schedule for temporary employees for
fiscal year 2009-2010; and declaring an emergency.
Special Council Meeting -June 23, 2009 -Page 116 of 131
MARANA RESOLUTION N0.2009-104
RELATING TO PERSONNEL; APPROVING A SALARY SCHEDULE FOR TEMPORARY
EMPLOYEES FOR FISCAL YEAR 2009-2010; AND DECLARING AN EMERGENCY
WHEREAS the Marana Town Code, Section 3-1-3(D), creates and defines a class of
Town employees known as short-term temporary employees; and
WHEREAS Section 3-1-3(D) of the Town Code provides that short-term temporary
employees are not subject to the Town's classified salary schedule; and
WHEREAS the Marana Town Code, Section 3-1-3(C), creates and defines a class of
Town employees known as term-limited temporary employees; and
WHEREAS Section 3-1-3(C) of the Town Code provides that term-limited temporary
employees are not subject to the Town's classified salary schedule; and
WHEREAS short-term temporary and term-limited temporary employees should be
placed on a salary schedule for proper authorization in assigning pay; and
WHEREAS the Town Council finds that approving a salary schedule for temporary
employees as set forth in this resolution is in the best interests of the Town and its residents.
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 approves the Temporary Salary Schedule for
fiscal year 2009-2010, attached to and incorporated by this reference in this resolution as
Exhibit A.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to implement the Temporary Salary
Schedule in Exhibit A.
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 23rd day of June, 2009.
ATTEST:
Mayor Ed Honea
APPROVED AS TO FORM:
Special Council Meeting -June 23, 2009 -Pape 117 of 131
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
{00015226.DOC /}
Town of Marana
TEMPORARY SALARY SCHEDULE
FI' 2009-2010
EXHIBIT A
Iriterri Nonexempt $7.50 - Hourly
Management Intern Nonexempt $12.00 - Hourly
Inclusion Aide Nonexempt $10.00 $15.00 Hourly
Lifeguard Nonexempt $10.00 - Hourly
Lifeguard/WSI Nonexempt $10.50 - Hourly
Sports Official Nonexempt $10.00 - Hourly
Pool Manager Nonexempt $12.60 - Hourly
Equipment & Logistics Coordinator Nonexempt $20.00 - Hourly
Executive Fellow Exempt $32,304.40 Annually
Assistant to the Chief of Police Exempt $75,000.00 $90,000.00 Annually
*Fair Labor Standards Act
Adopted 06/23/2009
Special Council Meeting -June 23, 2009 -Page 118 of 131
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council Item A 3
From: Suzanne Machain ,Human Resources Director
Strategic Plan Focus Area:
Progress and Innovation
Subject: Resolution No. 2009-105: Relating to Personnel; approving a salary schedule for classified
employees for fiscal year 2009-2010; and declaring an emergency
Discussion:
The attached Resolution accomplishes the adoption of the Town's FY 2009-2010 Classified Salary
Schedules.
Annually, the Mayor and Council must adopt a salary schedule for the following fiscal year. The
attached classified schedule remains largely unchanged from the FY 2008-2009 schedule with the
exception of the class title changes, additions and deletions as noted below. Further, minor
"housekeeping" changes which were made for consistency and clarity (i.e. using the full spelling of a
title where acronyms were previously used and consistent use of the ampersand sign "&" in place of the
word "and"). There are no changes to the salary grades or pay rates for previously existing
classification titles.
The list below is indicative of substantive changes, additions and deletions made to the Classified salary
schedule.
Changes to the Classified Salary Schedule:
Title Changes
- Administrative Secretary/Secretary to Administrative Secretary
- Fleet Management Supervisor to Facilities & Fleet Services Manager
- Senior Accountant/Budget Analyst to Senior Accountant
New Title Additions
- Acceptance Inspector -Grade 17
-Finance Manager -Grade 23
Deletions
- Accounting Supervisor
- Environmental Engineering Manager
- Project & Fee Technician
The new classification title of Acceptance Inspector better reflects the work currently performed by an
Special Council Meeting -June 23, 2009 -Page 119 of 131
existing Construction Inspector position. The assigned salary grade for this new title is the same grade
assigned to the Construction Inspector and therefore does not result in a budget impact.
The new classification title of Finance Manager (salary grade 23) replaces the existing Accounting
Supervisor (salary grade 20). This new classification is created as a result of a need for a higher level
manager within the Finance Department. A survey of the Town's comparator jurisdictions and a review
of the Town's salary plan for positions with the same level of responsibility and authority suggests that
this new classification is appropriately assigned to salary grade 23. The increased budget impact is
accommodated within the FY 2009-2010 budget allocation for the Finance Department.
Financial Impact:
Adoption of the Classified Salary Schedule as presented is consistent with the FY 2009-2010 budget.
ATTACHMENTS:
Name: Description: Type:
^ Reso adoption of FY 09-10
dassified_schedule Resolution Resolution
(00015224). DOC
^ EX A_-_Classified Salary
Schedule for FY 2009-2010. Exhibit A-Classified Salary Schedule Exhibit
(00015222).XLS
Staff Recommendation:
Staff recommends approval of the FY 2009-2010 Classified Salary Schedule.
Suggested Motion:
I move to approve Resolution No. 2009-105, approving a salary schedule for classified employees for
fiscal year 2009-2010; and declaring an emergency.
Special Council Meeting -June 23, 2009 -Page 120 of 131
MARANA RESOLUTION N0.2009-105
RELATING TO PERSONNEL; APPROVING A SALARY SCHEDULE FOR CLASSIFIED
EMPLOYEES FOR FISCAL YEAR 2009-2010; AND DECLARING AN EMERGENCY
WHEREAS the Marana Town Code, Section 3-3-1, provides that the Town Council shall
adopt a personnel system for classified employees of the Town; and
WHEREAS the Town's Personnel Policies and Procedures, Policy 3-3, provides that the
Town Council and Town Manager shall ensure the preparation, development and maintenance of
a classification plan for classified employees; and
WHEREAS the Town's Personnel Policies and Procedures, Policy 3-4, provides that the
Town Council shall adopt a salary schedule for classified employees; and
WHEREAS the Town Council finds that adoption of the classified salary schedule as set
forth in this resolution is in the best interests of the Town and its residents.
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 approves the Classified Salary Schedule for.
fiscal year 2009-2010 attached to and incorporated by this reference in this resolution as
Exhibit A.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to implement the Classified Salary
Schedule in Exhibit A.
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 23rd day of June, 2009.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Special Council Meeting -June 23, 2009 -Page 121 of 131
DCHIBIT A
Town of Marana
CLASSIFIED SALARY SCHEDULE*
FY 2009-2010
Grade 10 $18,240 $22,800 $27,360 Annual
DocumentImagingClerk Nonexempt $1,520.00 $1,900.00 $2,280.00 Monthly
Recreation Aide Nonexempt $8.77 $10.96 $13.15 Hourly
Reproduction/Supply Clerk Nonexempt
TTanSCript10ri1St Nonexempt
Grade 11 $20,064 $25,080 $30,096 Annual
Mail Carrier/Courier Nonexempt $1,672.00 $2,090.00 $2,508.00 Monrhly
Office Support Assistant Nonexempt $9.65 $12.06 $14.47 Hourly
Recreation Center Attendant Nonexempt
Grade 12 $22,072 $27,590 $33,108 Annual
Customer Service Specialist Nonexempt $1,839.33 $2,299.17 $2,759.00 Monrhly
Laborer Nonexempt $10.61 $1326 $15.92 Hourly
Recreation Assistant Nonexempt
Recreation Leader Nonexempt
Grade 13 $24,280 $30,350 $36,420 Annual
Accounts Payable Clerk Nonexempt $2,023.33 $2,529.17 $3,035.00 Monthly
Court Clerk Nonexempt $11.67 $14.59 $17.51 Hourly
Customer Service Clerk Nonexempt
Engineering Assistant Nonexempt
Human Resources Technician Nonexempt
Grade 14 $26,704 $33,380 $40,056 Annual
Administrative Secretary Nonexempt $2,225.33 $2,781.67 $3,338.00 Moruhly
Court SecuriTy Guard Nonexempt $12.84 $16.05 $19.26 Hourly
Facilities Technician Nonexempt
Fleet Technician I Nonexempt
Human Resources Coordinator Nonexempt
Grade 15 $29,376 $36,720 $44,064 .4nnval
Accounting Clerk II Nonexempt $2,448.00 $3,060.00 $3,672.00 Monthly
Agenda & Records Clerk Nonexempt $14.12 $17.65 $21.18 Hourly
Court Collections Specialist Nonexempt
Courtroom Specialist Nonexempt
EXBCUtIVe A$$1$tant Nonexempt
Inmate Services Coordinator Nonexempt
Maintenance Worker Nonexempt
Permit Clerk Nonexempt
Small Engine Mechanic Nonexempt
Utility Billing Specialist Nonexempt
Water Backflow Specialist Nonexempt
Grade 16 $32,312 $40,390 $48,468 Annual
Development Coordinator Nonexempt $2,692.67 $3,365.83 $4,039.00 Monrhly
Engineering Aide Nonexempt $15.53 $19.42 $23.30 Hourly
Fleet Technician II Nonexempt
Heating, Ventilating & Air Conditioning (HVAC) Technician Nonexempt
Planning Technician Nonexempt
Plans Review Technician Nonexempt
Project Coordinator Nonexempt
Recreation Programmer Nonexempt
Right of Way Inspector Nonexempt
Senior Permit Clerk Nonexempt
Signal Technician I Nonexempt
Water Operator I Nonexempt
Grade 17 $35,544 $44,430 $53,316 Annual
Administrative Manager Exempt $2,962.00 $3,702.50 $4,443.00 Monrhly
Acceptance Inspector Nonexempt $17.09 $21.36 $25.63 Hourty
Computer TeChnlClan Nonexempt
Construction Inspector Nonexempt
Special Council Meeting -June 23, 2009 -Page 122 of 131
EXHIBIT A
Town of Marana
CLASSIFIED SALARY SCHEDULE*
FP 2009-2010
Electric Pump & Well Technician Nonexempt
Geographic Information Systems (GIS) Technician Nonexempt
Legal Assistant Nonexempt
Maintenance Coordinator Nonexempt
Real Property Acquisition Agent Exempt
Records & Elections Coordinator Exempt
Senior Administrative Assistant Nonexempt
Senior Maintenance Worker Nonexempt
Signs & Mazkings Technician Nonexempt
Water Line Construction Inspector Nonexempt
Water Operator II Nonexempt
Grade 18 $39,096 $48,870 $58,644 Annual
Building Inspector I Nonexempt $3,258.00 $4,072.50 $4,887.00 Monthly
Contracts Analyst Exempt $18.80 $23.50 $28.19 Hourly
Council Liaison Exempt
COUR Probation Monitor Nonexempt
Curation Specialist Exempt
Foreman Nonexempt
Grants & Housing Coordinator Exempt
Housing Rehabilitation Specialist Exempt
Human Resources Analyst Exempt
Payroll Administrator Exempt
Recreation Coordinator Exempt
Senior Real Property Acquisition Agent Exempt
Signal Technician II Nonexempt
Special Events Coordinator Exempt
17tilities Technology Coordinator Exempt
Water Line Inspector/Plan Reviewer Nonexempt
Grade 19 $43,008 $53,760 $64,512 Annual
Building Inspector II Nonexempt $3,584.00 $4,480.00 $5,376.00 Monthly
Community Response Manager Nonexempt $20.68 $25.85 $31.02 Hourly
Code Enforcement Officer Nonexempt
Deputy Town Clerk Exempt
Engineering Technician Nonexempt
Facilities Maintenance Supervisor Exempt
Geographic Information Systems (GIS) Analyst Nonexempt
Management & Budget Analyst Exempt
Planner I Nonexempt
Plans Examiner Exempt
Police Telecommunications Supervisor Nonexempt
Risk Management & Safety Coordinator Exempt
Senior Accountant Exempt
Grade 20 $47,312 $59,140 $70,968 Annva!
Community Relations/Public Information Officer (PIO) Exempt $3,942.67 $4,928.33 $5,914.00 Monrhly
Contract Administrator Exempt $22.75 $28.43 $34.12 Hourly
COnI'L Supervisor Nonexempt
Database Analyst Nonexempt
Environmental Project Coordinator Exempt
Network Technician Nonexempt
Parks Supervisor Exempt
Planner II Exempt
Police Records Supervisor Nonexempt
PLO]eCt COntC01 .S'peClahSt Exempt
Public Safety Technology Specialist Nonexempt
Purchasing Coordinator Exempt
Special Council Meeting -June 23, 2009 -Page 123 of 131
DCHIB/T A
Town of Marana
CLASSIFIED SALARY SCHEDULE*
FY 2009-2010
Senior Administrative Manager Exempt
Signal Technician III Nonexempt
Utilities Technology Analyst Nonexempt
Grade 21 $52,040 $65,050 $78,060 .9nnual
Civil Engineer Exempt $4,336.67 $5,420.83 $6,505.00 Monthly
Crime Scene/Properry & Evidence Supervisor Exempt
Facilities & Fleet Services Manager Exempt
Police Telecommunications Manager Exempt
Permit Center & Records Manager Exempt
Senior Geographic Information Systems (GIS) Analyst Exempt
Senior Human Resources Analyst Exempt
Senior Network Analyst Exempt
Software Engineer Exempt
Senior Plans Examiner Exempt
Superintendent Exempt
Utilities Coordinator Exempt
Grade 22 $57,248 $71,560 $85,872 Annual
Assistant Town Attorney Exempt $4,770.67 $5,963.33 $7,156.00 Monthly
Chief Building Inspector Exempt
Construction Manager Exempt
Employee Relations Administrator Exempt
Prinicple Plans Examiner Exempt
Technology Supervisor Exempt
Traffic Engineer Exempt
Grade 23 $62,968 $78,710 $94,452 .4nnval
Capital Improvement Project (CIP) Manager Exempt $5,247.33 $6,559.17 $7,871.00 Monthly
Cultural Resources Manager Exempt
Database Administrator Exempt
Economic Development Administrator Exempt
Finance Manager Exempt
Intergovernmental Affairs Administrator Exempt
Planner III Exempt
Police Lieutenant Exempt
Senior Software Engineer Exempt
Utilities Operations Manager Exempt
Grade 24 $69,264 $86,580 $103,896 .Annual
Construction Division Manager Exempt $5,772.00 $7,215.00 $8,658.00 Monthly
Court Administrator Exempt
Engineering Division Manager Exempt
Grade 25 $76,192 $95,240 $114,288 Annual
Assistant Public Works Director Exempt $6,349.33 $7,936.67 $9,524.00 Monthly
Assistant Utilities Director Exempt
Assistant Planning Director Exempt
Senior Assistant Town Attorney Exempt
Traffic Division Manager Exempt
Grade 26 $83,816 $104,770 $125,724 Annual
Deputy Town Attorney Exempt $6,984.67 $8,730.83 $10,477.00 Monthly
*Excludes positions covered under the July 1, 2008 -June 30, 2010 MPOA Agreement adopted: o6n3noav
* *Fair Labor Standmds Act
Special Council Meeting -June 23, 2009 -Page 124 of 131
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council Item B 1
From: Tom Ellis ,Parks and Recreation Director
Strategic Plan Focus Area:
Recreation
Subject: Presentation.: Relating to Parks and Recreation; discussion and direction regarding proposed
amendments to Title 13 of the Marana Town Code, Section 13-1-3, to prohibit smoking within 25
feet of any athletic field or park facility in Town parks
Discussion:
Recently, Parks staff has received numerous complaints regarding spectators smoking adjacent to the ball fields
while watching little league games. Players, coaches, and other spectators were complaining that breathing the
second hand smoke was uncomfortable and a possible heath risk to the children playing ball. Parks staff
consulted with the Legal Department to determine the best way to prohibit smoking at athletic fields. The
Legal Department suggested the best approach would be to amend the Parks regulations found in Title 13 of
the Town Code.
At the regular meeting of the Parks and Recreation Citizen's Advisory Commission on April 16, 2009, staff
presented members of the commission a draft recommendation to amend the Town Code, Title 13, Section 13-
1-3 Use and Occupancy Rules, so that smoking was unlawful within 25 feet of an athletic field. The
recommendation of the Parks and Recreation Citizen's Advisory Commission was to prohibit smoking within
25 feet of athletic fields, athletic facilities, and children's play areas in the proposed ordinance. A draft of that
ordinance is being presented for your consideration and feedback.
ATTACHMENTS:
Name: Description: Type.
^ DRA_F.T_O.r..dn re Smoking in
parks_~0001.41.71.~.DOC Draft Ordinance Backup Material
Staff Recommendation:
Staff recommends that this item be brought back to Council for. adoption.
Commission Recommendation - if applicable:
Parks and Recreation Citizen's Advisory Commission unanimously recommends approving the addition to the
Town Code.
Suggested Motion:
I move that we direct staff to bring back to the Council for adoption the proposed amendments to Title 13 of
the Marana Town Code.
Special Council Meeting -June 23, 2009 -Page 125 of 131
MARANA ORDINANCE N0.2009.xx
RELATING TO PARKS AND RECREATION; AMENDING TITLE 13 OF THE MARANA
TOWN CODE, SECTION 13-1-3, TO PROHIBIT SMOKING WITHIN 25 FEET OF ANY
ATHLETIC FIELD OR PARK FACILITY IN TOWN PARKS; AND ESTABLISHING AN
EFFECTNE DATE
WHEREAS the Town Council is authorized by A.R.S. § 36-601.01
to adopt ordinances and regulations regarding smoking on Town property and in Town facilities;
and
WHEREAS the Town Council finds that the regulations established by this ordinance are
necessary for the public health, safety and general welfare of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Section 13-1-3 of the Marana Town Code is hereby revised as follows (with
additions shown with double underlinins?):
Section 13-1-3 Use and occupancy rules and regulations
A. It is unlawful in any town park to:
1. Operate motorbikes, motorcycles`or`other motor vehicles on trails, or cross
country or on primitive unsurtaced roadways that have been posted, signed
or barriered to prohibit vehicle use or on lawns or landscaping.
2. Operate a motor vehicle except on roads and parking areas designated for
those purposes; to operate a motor vehicle at a speed greater than that
posted or to fail to obey traffic signs. In all cases, motor vehicles shall be
operated in compliance with the Arizona 1\At~otor vehicle code as provided
under title 28, A.R.S., while within the boundaries of any town parks or
recreation area
3. Destroy, damage, deface or remove any town regulatory sign, property or
facility owned or administered by the town.
4. Use town park or recreation areas for commercial purposes, public
meetings or assemblies, erection of signs, fences, barriers or structures, to
distribute advertising materials or to sell any goods or services without first
obtaining a written permit from the town.
5. Litter, deposit or abandon in or on any town park, parkway or recreational
facility any garbage, sewage, refuse, trash, waste or other obnoxious
materials except in receptacles or containers provided for those purposes.
These receptacles are not to be used for residential trash disposal.
Special~eht~tir~~g -June 23, 2009 -Page 126 of 131 _ 1 - JHF 4/13/09
6. Enter upon or use for any purpose the land, water or facilities within the
boundaries of town parks and recreation areas when a fee, rental,
admission or other consideration has been established for that use, unless
the person entering or using the land, water or facility has paid the fee,
rental, admission or other consideration to the town.
7. Enter, use or occupy public parks or recreation areas under the supervision
and control of the town for any purpose when the parks or areas are posted
against that entrance, use or occupancy.
8. Shoot with bow and arrow except in designated archery ranges or for
specific purposes, locations and seasons as licensed and permitted by
Arizona game and fish regulations.
9. Bring saddle, pack or draft animals into a town park site unless it has been
developed to accommodate them and is posted accordingly.
10. Allow grazing or forage consuming domestic livestock to graze or to roam
at-large within the fenced or posted boundaries of town parks.
11. Build fires, except in designated;.places, or in fireplaces, stoves or grills
either provided or approved by the town.
12. Operate any aircraft of any nature or parachute or hang glide on town park
property except in areas designated for that use or in an emergency or by
permit issued by the town.
13. Collect, remove, destroy, mutilate, damage or deface any natural resource
including but not limited to all live and dead vegetation and all parts of it,
wildlife, soil, rocks and water, except as otherwise provided for by law or
without obtaining prior written approval from the town. Except as otherwise
planned for and provided for by the town, all environmental settings shall
be kept in their natural state. -
14. Bicycle, skateboard, roller skate or roller blade on tennis or basketball
courts, or on any other surface which is marked to prohibit these activities.
15. Possess glass containers.
16. Possess or carry a firear"m under the following circumstances:
a. In a park of one square mile or less in area that is posted with
reasonable notice stating the following: "Carrying a firearm in this park
is limited to persons who possess a permit issued pursuant to A.R.S.
§ 13-3112."
b. In a developed or improved area of a park, provided that the park is
more than one square mile in area and that the developed or improved
area is posted with reasonable notice stating the following: "Carrying a
firearm in this developed or improved area is limited to persons who
possess a permit issued pursuant to A.R.S. § 13-3112."
c. This subparagraph 16 shall not apply to a person:
i. Possessing a concealed weapons permit issued pursuant to A.R.S.
§ 13-3112;
Special®N~1~Q -June 23, 2009 -Page 127 of 131 _ 2 _ JHF 4/13/09
ii. Engaged in a permitted firearms or hunter safety course conducted in
a park by a certified hunter safety instructor or certified firearms
safety instructor;
iii. At a properly supervised range as defined in A.R.S. § 13-3107, a
permitted shooting event, a permitted firearms show or in a permitted
hunting area;
iv. Legally transporting, carrying, storing or possessing a firearm in a
vehicle;
v. Going directly to or from an area where the person is lawfully
engaged in hunting, marksmanship practice or recreational shooting;
vi. Traversing a trailhead area in order to gain access to areas where
the possession of firearms is not limited;
vii. Using trails, paths or roadways to go directly to or from an area
where the possession of firearms is not limited and where no
reasonable alternative means of access is available.
d. For the purposes of this subparagraph 16:
i. "Developed or improved area" means an area of property developed
for public recreation or family activity, including picnic areas,
concessions, playgrounds, amphitheaters, racquet courts, swimming
areas, golf courses, zoos, horseback riding facilities and boat landing
and docking facilities, but excluding campgrounds, trails, paths or
roadways, except trails, paths or roadways directly associated with
and adjacent to designated developed or improved areas.
ii. "Firearm" means any loaded or unloaded handgun, pistol, revolver,
rifle, shotgun or other weapon that will expel, is designed to expel or
may readily be converted to expel a projectile by the action of an
explosive, but does not include a firearm that is in permanently
inoperable condition.
iii. "Reasonable notice" means notice that is required by section 13-1-3
(A)(16)(a) and (b} ..and that is conspicuously posted at all public
entrances and at intervals of one-fourth mile or less where the park
or developed or improved area has an open perimeter.
17. Discharge a firearm.
a. This subparagraph 17 does not apply to a person who discharges a
firearm under the following circumstances:
i. As allowed pursuant to A.R.S. title 13, chapter 4;
ii. On a properly supervised range as defined in A.R.S. § 13-3107;
iii. In an area recommended as a hunting area by the Arizona game and
fish department and approved and posted as required by the chief of
police; provided, however, that any such area may be closed when
deemed unsafe by the chief of police or the director of the Arizona
game and fish department;
iv. To control nuisance wildlife by permit from the Arizona game and fish
department or the United States fish and wildlife service;
Speci~eIlA~tir~~ -June 23, 2009 -Page 128 of 131 _ 3 _ JHF 4/13/09
v. By special permit of the chief of police;
vi. As required by an animal control officer in performing duties specified
in A.R.S. § 9-499.04 and title 11, chapter 7, article 6 and title 6 of this
code;
vii. In self-defense or defense of another person against an animal
attack if a reasonable person would believe that deadly physical force
against the animal is immediately necessary and reasonable under
the circumstances to protect oneself or the other person.
b. For the purposes of this subparagraph 17, "firearm" carries the same
meaning as defined in section 13-1-3(A)(16)(d)(ii). `
18. Smoke within 25 feet of anv athletic field or nark facility. For ourooses of
er lighted tobacco product.
B. Hours of park established. The parks and recreation areas, unless otherwise
posted, shall be open from 7:00 a.m. until 10:00 p.m.
SECTION 2. This ordinance shall become effective on the day of ,
2009.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this _~' day of , 2009.
Mayor Ed Honea
ATTEST:
Jocelyn.G. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Specials®hM~'9e -June 23, 2009 -Page 129 of 131 _ 4 _ JHF 4/13/09
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, June 23, 2009, 7:00:00 PM
To: Mayor and Council
From: Frank Cassidy ,Town Attorney
Strategic Plan Focus Area:
Not Applicable
Item B 2
Subject: Resolution No. 2009-106: Relating to Utilities; appointing Laura Trostman to the Water
Utility Advisory Committee and appointing David Wostenberg as an alternate
Discussion:
Town Code Section 14-2-3 establishes a Water Utility Advisory Committee, whose members are
appointed by a majority vote of the Mayor and Council. There is currently a vacancy on the committee.
ATTACHMENTS:
Name: Description.: Type:
^ Reso_re Appoint Laura
T_.rostman to Water Util Advisory Utility advisory committee appointment Resolution
Comm_(00015291) DOC
Staff Recommendation:
Staff recommends approval of Resolution No. 2009-106.
Commission Recommendation - if applicable:
The Water Utility Advisory Committee has recommended the appointment of Laura Trostman as a new
member of the Water Utility Advisory Committee to fill an existing vacancy. The Committee has also
asked that David Wostenberg be appointed as an alternate, to fill in when permitted to do so by the
bylaws and applicable rules and regulations.
Suggested Motion:
I move to approve Resolution No. 2009-106, appointing Laura Trostman as a regular member and David
Wostenberg as an alternate to the Water Utility Advisory Committee.
Special Council Meeting -June 23, 2009 -Page 130 of 131
MARANA RESOLUTION N0.2009-106
RELATING TO UTILITIES; APPOINTING LAURA TROSTMAN TO THE WATER
UTII..ITY ADVISORY COMMITTEE AND APPOINTING DAVID WOSTENBERG AS AN
ALTERNATE
WHEREAS Town Code Section 14-2-3 establishes a Water Utility Advisory Committee
whose members are appointed by majority vote of the Mayor and Council; and
WHEREAS there is currently a vacancy on the Water Utility Advisory Committee; and
WHEREAS the Council desires to appoint an alternate to the Water Utility Advisory
Committee to fill in as may be provided in the committee's bylaws and applicable rules and
regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE
TOWN OF MARANA, ARIZONA, that Laura Trostman is appointed as a member of the Water
Utility Advisory Committee, and David Wostenberg is appointed as an alternate.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF
MARANA, ARIZONA, this 23rd day of June, 2009.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Speci~l~8~~lll~~r~ -June 23, 2009 -Page 131 of 131