HomeMy WebLinkAbout06/06/2006 Blue Sheet Tangerine Farms Road Resolution of Intent
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: June 6, 2006
AGENDA ITEM: J.4
TO: MAYOR AND COUNCIL
FROM: James DeGrood, Assistant Town Manager
SUBJECT: Resolution No. 2006-75: Resolution of the Mayor and Common
Council of the Town of Marana, Arizona, (1) declaring its
intention to improve, and adopting preliminary plans and an
engineer's estimate for the improvement of, certain streets, rights-
of-way and easements within the corporate limits of the Town by
the construction of travel lanes for Tangerine Road and Tangerine
Farms Road from Interstate Ten to Moore Road as a four-lane
divided roadway along with streets to connect Tangerine Road to
the Interstate Ten frontage road and related intersection
improvements, adjuncts and appurtenances, all as shown on such
preliminary plans; (2) designating such improvements as for
"Town of Marana, Arizona Tangerine Farms Road Improvement
District"; (3) determining that improvement bonds will be issued
to represent the costs and expenses thereof; (4) declaring such
improvements to be of more than a local or ordinary public
benefit and that the costs thereof be assessed upon such district;
(5) providing that such improvements be performed under the
provisions of title 48, chapter 4, article 2, Arizona Revised
Statutes, and all amendments thereto and (6) fIXing the time and
place for hearing of all protests with respect to such improvements
and objections to the extent of such district
DISCUSSION
To begin construction of the Tangerine Farms Road Improvement District in the fourth quarter of
2006, the Town must form the improvement district at this time. The first action of the Council
in the formation of the district is the adoption of the Resolution of Intention, which establishes a
district boundary, adopts preliminary plans and specifications for the project, establishes a cost
estimate for the project, declares the project to be of benefit to the district and establishes a
public hearing date where protests may be received.
The improvements proposed for the district include a four-lane divided roadway with curbs, a
storm drain, bike lanes, a multi-use path and median landscaping. The project will also include
both potable and non-potable water mains, a pedestrian underpass at the new Gladden Farms
Park and a traffic signal at Lon Adams Drive.
Resolution 2006-75 (Tangerine Farms Road Resolution of Intention)
Page 1 of2
JRD June 30, 2006
This project is estimated to cost $29;630,000, and will construct 3.8 miles of new roadway. In
addition to the cost of construction, this estimate includes all design costs, captalized interest,
construction administration costs, and the costs of bond issuance.
The project consultant team will be present to answer any questions.
Upon passage of the resolution, the consultants will post notices every 300 feet along the project,
mail letters to all known parties having an interest in the properties within the district and run
legal advertisements informing the public ofthe projec, and their right to object at a hearing to be
held on July 18, 2006.
RECOMMENDATION
Staff recommends adoption of Resolution 2006-75, approving the Resolution of Intention to
form the Tangerine Farms Road Improvement District.
SUGGESTED MOTION
I move to adopt Resolution 2006-75.
Resolution 2006-75 (Tangerine Farms Road Resolution of Intention)
Page 2 of2
JRD June 30, 2006
DRAFT
03/22/06
04/05/06
04/11/06
04/12/06
05/30/06
RESOLUTION NO. 2006-75
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF MARANA,
ARIZONA, (1) DECLARING ITS INTENTION TO IMPROVE, AND ADOPTING
PRELIMINARY PLANS AND AN ENGINEER'S ESTIMATE FOR THE IMPROVEMENT OF,
CERTAIN STREETS, RIGHTS-OF-WAY AND EASEMENTS WITHIN THE CORPORATE
LIMITS OF THE TOWN BY THE CONSTRUCTION OF TRAVEL LANES FOR TANGERINE
ROAD AND TANGERINE FARMS ROAD FROM INTERSTATE TEN TO MOORE ROAD AS A
FOUR-LANE DIVIDED ROADWAY ALONG WITH STREETS TO CONNECT TANGERINE ROAD
TO THE INTERSTATE TEN FRONTAGE ROAD AND RELATED INTERSECTION
IMPROVEMENTS, ADJUNCTS AND APPURTENANCES, ALL AS SHOWN ON SUCH
PRELIMINARY PLANS; (2) DESIGNATING SUCH IMPROVEMENTS AS FOR "TOWN OF
MARANA, ARIZONA TANGERINE FARMS ROAD IMPROVEMENT DISTRICT";
(3) DETERMINING THAT IMPROVEMENT BONDS WILL BE ISSUED TO REPRESENT THE
COSTS AND EXPENSES THEREOF; (4) DECLARING SUCH IMPROVEMENTS TO BE OF
MORE THAN A LOCAL OR ORDINARY PUBLIC BENEFIT AND THAT THE COSTS
THEREOF BE ASSESSED UPON SUCH DISTRICT; (5) PROVIDING THAT SUCH
IMPROVEMENTS BE PERFORMED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4,
ARTICLE 2, ARIZONA REVISED STATUTES, AND ALL AMENDMENTS THERETO AND
(6) FIXING THE TIME AND PLACE FOR HEARING OF ALL PROTESTS WITH RESPECT
TO SUCH IMPROVEMENTS AND OBJECTIONS TO THE EXTENT OF SUCH DISTRICT
BE IT RESOLVED BY THE COMMON COUNCIL OF THE TOWN OF MARANA,
ARIZONA, that:
Section 1. Definitions. In this Resolution, the following
terms shall have the following meanings:
"Assessment Diagrams" shall mean the duplicate diagrams of
the lots, pieces and parcels of land lying within the District, to be
filed with the Clerk and approved by the Governing Body.
"Bonds" shall mean any bonds issued by the Town secured by
assessments against the lots, pieces and parcels of land wi thin the
District.
"Clerk" shall mean the Clerk of the Town.
"District" shall mean the Town of Marana, Arizona Tangerine
Farms Road Improvement District and shall include the lots, pieces and
parcels of land lying wi thin the boundaries described in Exhibit A
attached hereto. For a more particular description, reference is
hereby made to the District Map.
"District
successors thereto.
Engineer"
shall
mean
MMLA
Psomas
and
any
"District Map" shall mean the map delineating the bound-
aries of the District attached hereto as Exhibit B.
"Estimate" shall mean with respect to
estimate of costs and expenses made by the District
with the Clerk prior to adoption of this Resolution.
the District the
Engineer and filed
"Governing Body" shall mean the Mayor and Common Council of
the Town.
"Incidental Expenses" shall mean with respect to the Dis-
trict the reasonable charges of the Town, costs of engineering,
printing, advertising, posting, the expenses of making the assessment,
appraiser's fees, all legal and financial fees, expenses and costs
incurred in drafting the proceedings and the sale of the Bonds and all
interest to be paid on the Bonds for the period of construction and up
to six months beyond.
"Plans" shall mean with respect to the District the
preliminary plans and specification showing the location and the type
and character of the Work, filed with the Clerk prior to the adoption
of this Resolution and after the final construction plans and the
specifications and contract documents for the District are completed
then the term "Plans" shall refer to such final plans, specifications
and documents.
easements,
hereto.
"Streets" shall mean those streets, avenues, alleys,
rights of way and public land shown on Exhibit D attached
"Superintendent of Streets" shall mean the Town Engineer of
the Town and any successor to such person.
"Town" shall mean the Town of Marana, Arizona.
"Work" shall mean the proposed improvements described in
Exhibit C attached hereto, together with all appurtenances and
adjuncts necessary to serve the lots, pieces and parcels of land
within the District, all as to be shown in and on the final versions
of the Plans and the Estimate.
Section 2. Declaration of Intention to Order the Improve-
ment. The public interest and convenience require, and it is the
intention of the Governing Body to order, the Work to be performed
including, with respect thereto, the improvement of the Streets and to
assess the lots, pieces and parcels of land lying within the bounda-
ries of the District benefited by the Work for the costs and expenses
thereof. All items of the Work shall be performed as prescribed by
the Plans, and no assessment for any lot, piece or parcel of land
2
lying within the boundaries of the District with respect thereto shall
exceed its proportion of the Estimate.
Section 3. Determination of Need. The Work is of more
than local or ordinary public benefit, and the Governing Body hereby
orders that all amounts due or to become due with respect thereto
shall be chargeable upon the respective lots, pieces and parcels of
land lying within the boundaries of the District, to which it is of
special benefit.
Section 4. Exclusion of Certain Property. Any public
street or alley within the boundaries of the District is hereby
omitted from the District. Any lot, the legal owner of which on this
date is the United States, the State of Arizona, a county, city,
school district or any political subdivision or institution of such
State or county, which is included wi thin the District other than
those belonging to the Town and assigned assessment numbers on the
Assessment Diagrams shall be omitted from the assessment hereafter to
be made with respect to the District, except as otherwise agreed
between the Town and the owner.
Section 5. Determination and Notice of Necessity to Issue
Bonds. The public convenience requires that the Bonds shall be issued
to represent the costs and expenses of the Work to be assessed upon
the District and determines that the Bonds shall be issued in the name
of the Town payable, however, solely and only out of a special fund
collectible from special assessments levied and assessed upon the
lots, pieces and parcels of land lying wi thin the boundaries of the
District in not to exceed 25 annual installments from such of the
assessments of twenty-five dollars ($25.00) or over remaining unpaid
as of the date of the Bonds.
The Bonds shall mature on the first day of January in the
years and in amounts to be set by the Governing Body prior to their
issuance. Wi th respect to assessments evidenced by the issuance of
Bonds, principal installments of such assessments shall be due on the
first day of December immediately preceding the maturity date of the
Bonds or any of them, and installments of interest shall be due on
the first day of June and December immediately preceding an interest
payment date applicable to the Bonds not paid from capitalized
interest.
The Bonds shall bear interest at the rate of not to exceed
eight percent (8%) per annum, payable on the first day of January and
July of each year.
Section 6. Statutory Authority. The Work and all pro-
ceedings pertaining thereto shall be performed under the provisions of
Ti tle 48, Chapter 4, Article 2, Arizona Revised Statutes, and all
amendments thereto. The Bonds shall be payable in the manner and be
subj ect to the provisions as to collection of assessments for the
payment thereof as described in Title 48, Chapter 4, Article 2,
Arizona Revised Statutes and all amendments thereto, save and except
3
that the method of collection of said assessments shall be as provided
in Sections 48-600
Statutes, as amended,
Revised Statutes.
to 48-607, both inclusive, Arizona Revised
and not as provided in Section 48-608, Arizona
Section 7. Protests Against the Work; Objections to Extent
of District. The owners of the lots, pieces and parcels of land lying
within the boundaries of the District may file written protests
against the construction of the Work or obj ections to the extent of
the District. Said protests or obj ections shall be filed with the
Clerk of the Town of Marana, Arizona, 11555 West Civic Center Drive,
Marana, Arizona 85663-7007. Said protests or objections must be filed
within fifteen (15) days after the last publication of this
Resolution, or within fifteen (15) days after the completion of
posting of the "Notice of Public Work and Notice of Proposed
Improvement" in substantially the form attached hereto as Exhibit E,
whichever date is later.
A hearing with respect to said protests and objections
shall be held at the time and place set forth in the "Notice of
Hearing" in substantially the form attached hereto as Exhibit F.
Section 8. Right to Reduce Scope of Work. If, because of
pending or threatened litigation concerning anyone or more parcels
subject to assessment, the Town and the winning bidder receive a
written opinion of Bond Counsel stating that bonds cannot be issued
against such parcel or parcels or the Town is unable to obtain any
right-of-way necessary for the construction of the Work, the Town may
then cause the construction contract [s] with respect to the District
to be cancelled or modified to exclude from the applicable contract[s]
some or all of the Work which will benefit the parcel or parcels in
question, or which was located in the right-of-way which was not
obtained. The filing of a certificate and request that no bonds be
issued against any parcel pursuant to Section 48-597, Arizona Revised
Statutes, may be deemed to be threatened litigation.
Section 9. Approval of Preliminary Plans and Estimate;
Delegation of Authority. The Plans and the Estimate are hereby
adopted and approved as the official preliminary form of the Plans and
the Estimate. (The Plans and the Estimate are hereby referred to for
a more particular description of the Work and, by this reference, are
hereby made a part hereof.) The District Engineer and the Superinten-
dent of Streets are hereby authorized to complete the Plans, including
necessary, related specifications and contract documents.
Section 10. Subsequent Actions. The Work shall be done
and all proceedings therefor shall be taken; the Superintendent of
Streets shall cause to be conspicuously p6sted the "Notice of Public
Work and Notice of Proposed Improvement" described in Section 8 at not
more than 300 feet apart along the lines of the Work, which notices
shall be headed "Notice of Public Work and Notice of Proposed
Improvement," such heading to be in letters at least one inch (1") in
height; the Clerk shall certify to the passage of this Resolution,
4
shall cause the same to be published for five consecutive publications
in the Daily Territorial and shall file this Resolution in the records
of the Governing Body and the Clerk shall cause the "Notice of
Hearing" described in Section 8 to be published in the Daily
Territorial twice before the hearing described therein and to be
mailed to those persons obj ecting and protesting at least ten days
prior to the hearing described in such notice.
Section 11. Conflicting Resolutions. Any resolutions or
parts of resolutions in conflict with the provisions of this Resolu-
tion are hereby repealed.
5
PASSED, ADOPTED AND APPROVED by the Mayor and Common
Council of the Town of Marana, Arizona, on June 6, 2006.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ed Honea, Mayor
ATTEST:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Frank Cassidy, Esq., Town
Attorney
ATTACHMENTS:
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E -
Exhibit F -
Description of District
District Map
Description of the Work
Streets
Notice of Public Work and Notice of Proposed Improvement
Notice of Hearing
PUBLISH (INCLUDING ATTACHMENTS):
Territorial.
Five
(5)
times
in the
Daily
1537465.5-5/31/2006
6
CERTIFICATION
I hereby certify that the foregoing Resolution No. 2006-75
was duly passed by the Mayor and Common Council of the Town of Marana,
Arizona, at a regular meeting held on June 6, 2006, and that a quorum
was present thereat.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Jocelyn C. Bronson, Town Clerk
7
EXHIBIT A
TOWN OF MARANA, ARIZONA
TANGERINE FARMS ROAD IMPROVEMENT DISTRICT
DESCRIPTION OF DISTRICT
Those properties located in Section 34, Township 11 South, Range 11
East, Gila and Salt River Meridian, Pima County, Arizona, described as
follows:
Blocks 1, 8, 9, 16, 19, 22, 23, 24, and 25, of "Gladden Farms, Blocks
1 through 25 and Blocks A through F", as recorded in Book 55, page 60
of Maps and Plats in the office of the Pima County Recorder, and Block
A of said Gladden Farms except that portion of Block A described in
Docket 12699 at page 2716 in the office of the pima County Recorder;
Blocks 14 and 15 as recorded in Book 59, page 31 of Maps and Plats in
the office of the Pima County Recorder;
A portion of Block 7 as recorded in said Book 55, page 60 and a
portion of Block 13 as recorded in said Book 59, page 31, described in
Docket 12699 at page 2711;
Block 7, as recorded in said Book 55, page 60, except that portion
described in said Docket 12699 at page 2711;
Block 13, as recorded in said Book 59, page 31, except that portion
described in said Docket 12699 at page 2711;
That property located in Section 35, Township 11 South, Range 11 East,
Gila and Salt River Meridian, Pima County, Arizona, described in
Docket 12605 at page 5998.
That property located in Section 36, Township 11 South, Range 11 East,
Gila and Salt River Meridian, Pima County, Arizona, described in
Docket 12714 at page 245 and in Docket 12714 at page 251.
That property located in Section 1, Township 12 South, Range 11 East
and Section 6, Township 12 South, Range 12 East, Gila and Salt River
Meridian, Pima County, Arizona, described in Docket 12706 at page 810.
That property located in Section 1, Township 12 South, Range 11 East
Gila and Salt River Meridian, Pima County, Arizona, described in
Docket 9123 at page 1133, except that portion recorded in Docket 12487
at page 548.
That property located in the northwest quarter of Section 2, Township
12 South, Range 11 East Gila and Salt River Meridian, Pima County,
Arizona, described in Docket 9206 at page 1433.
Tha t property located in the north half of
South, Range 11 East Gila and Salt River
Arizona, described in Docket 9185 at page 553.
Section 2,
Meridian,
Township 12
Pima County,
A-I
EXHIBIT B
TOWN OF MARANA, ARIZONA
TANGERINE FARMS ROAD IMPROVEMENT DISTRICT
DISTRICT MAP
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II
EXHIBIT C
TOWN OF MARANA, ARIZONA
TANGERINE FARMS ROAD IMPROVEMENT DISTRICT
DESCRIPTION OF WORK
Construction of:
Travel lanes for Tangerine Road and Tangerine Farms Road for
approximately 3.8 miles as a four-lane divided roadway from the
Arizona Department of Transportation right-of-way at Interstate
Ten to Moore Road and related, necessary multi-use lanes,
dedicated turn lanes at selected locations, curb and gutter, a
24-foot wide landscaped median, a storm drain system, shared use
lanes, drainage structures, sidewalks, a pedestrian underpass,
utility installation and relocations, street lighting and a
traffic signal at Lon Adams;
Travel lanes for Streets A and B for approximately 3,200 feet
each as two lane one way roadway to connect Tangerine Road to the
Interstate Ten eastbound frontage road and
Intersection improvements at Tangerine Farms Road and Moore Road.
C-l
EXHIBIT D
TOWN OF MARANA, ARIZONA
TANGERINE FARMS ROAD IMPROVEMENT DISTRICT
LIST OF STREETS TO BE IMPROVED
The streets to be improved through construction of the Work at the
locations shown on the Plans are as follows, the same being taken from
preliminary layouts of the Work, but being subject to unforeseen modi-
fications to the preliminary layout thereof during detailed design:
A. Within the District -
Tangerine Road and Tangerine Farms Road from the Arizona
Department of Transportation right-of-way at Interstate Ten to
Moore Road and Streets A and B (which will connect Tangerine Road
to the Interstate Ten eastbound Frontage Road)
B. Outside of the District -
Tangerine Farms Road and Moore Road (intersection improvements)
D-l
EXHIBIT E
TOWN OF MARANA, ARIZONA
TANGERINE FARMS ROAD IMPROVEMENT DISTRICT
FORMS OF NOTICE OF PUBLIC WORK
AND
NOTICE OF PROPOSED IMPROVEMENT
NOTICE OF PUBLIC WORK
AND
NOTICE OF PROPOSED IMPROVEMENT
TO ALL OWNERS OF OR PERSONS INTERESTED IN LAND LYING WITHIN THE
DISTRICT DESCRIBED BELOW:
Please take notice that
of the Town of Marana,
declaring its intention
(the "Work") through
contracts:
on June 6, 2006, the Mayor and Common Council
Arizona, adopted Resolution No. 2006-75
to provide the following work and improvements
the letting of one or more construction
Construction of travel lanes for Tangerine Road
and Tangerine Farms Road for approximately 3.8
miles as a four-lane divided roadway from the
Arizona Department of Transportation right-of-way
at Interstate Ten to Moore Road and related
necessary multi-use lanes, dedicated turn lanes
at selected locations, curb and gutter, a 24-foot
wide landscaped median, a storm drain system,
shared use lanes, drainage structures, sidewalks,
a pedestrian underpass, utility installations and
relocations, street lighting and a traffic signal
at Lon Adams; construction of travel lanes for
Streets A and B for approximately 3,200 feet each
as two lane one way roadway to connect Tangerine
Road to the Interstate Ten eastbound frontage
road and construction of intersection
improvements at Tangerine Farms Road and Moore
Road.
the streets to be improved with respect thereto within the
hereinafter described district to be preliminarily as follows:
Tangerine Road and Tangerine Farms Road from the
Arizona Department of Transportation right-of-way
at Interstate Ten to Moore Road and Streets A and
B (which will connect Tangerine Road to the
Interstate Ten eastbound Frontage Road) as well
as Tangerine Farms Road and Moore Road
(intersection improvements) .
E-l
The costs and expenses of the Work shall be assessed against the lots,
pieces and parcels of land lying within the boundaries of the "Town of
Marana, Arizona Tangerine Farms Road Improvement District" described
in Attachment "A" hereto (the "District"). (The boundaries of the
District are also shown on Attachment "B" hereto.)
For further particulars, reference is hereby made to Resolution No.
2006-75 and the "Preliminary Plans" and "Estimate of Cost and
Expenses" with respect to the District on file in the office of the
Clerk of the Town of Marana, Arizona (the "Town"), with respect
thereto.
The Mayor and Common Council of the Town finds that the public
convenience requires that bonds shall be issued to represent the costs
and expenses of the Work to be assessed upon the District and deter-
mines that such bonds to be executed and delivered shall be issued or
negotiated in the name of the Town payable, however, solely and only
out of a special fund collectible from special assessments levied and
assessed upon the lots, pieces and parcels of land within the
boundaries of the District in not to exceed twenty-five (25) annual
principal installments from the assessments of twenty-five dollars
($25.00) or over remaining unpaid as of the date of such bonds and/or
loan repayment agreement.
The first principal installment of such assessment shall be due on the
first December first occurring ninety (90) days after the expected
date of the completion of such work and improvements and shall be
payable to bond holders on the first day of January next after the
collection of the first installment of the assessments can be made.
Interest installments shall be due on the first day of June and
December prior to the payment of interest on such bonds to be issued
to be executed and delivered, except in the case where such interest
is paid from proceeds thereof. Such bonds to be issued shall mature to
be executed and delivered shall be payable with respect to principal
on the first day of January in amounts to be set by the Mayor and
Common Council prior to their issuance or execution and delivery,
respectively.
Such bonds to be issued shall bear interest at the rate of not to
exceed eight percent (8 %) per annum, payable on the first day of
January and July of each year. Principal and interest on such bonds to
be issued will be paid from a special fund collected in not to exceed
25 annual installments from the assessments of twenty-five dollars
($25.00) or over remaining unpaid at the date of such bonds to be
issued.
The owners of property within the District may file written protests
against the construction of the Work or file written objections
against the extent of the District. Said protests or objections shall
be filed with the Clerk of the Town of Marana, Arizona, 11555 West
Civic Center Drive, Marana, Arizona 85663-7007, wi thin fifteen (15)
days after the last publication of Resolution No. 2006-75 or the date
of the posting of these Notices, whichever date is later.
E-2
DATED: June 6, 2006.
(~(.~?~~!y~.~:.~~?~~?~................
Clerk, Town of Marana, Arizona
POST: At intervals of 300 feet along all streets within the District
and along the lines of the Work.
E-3
ATTACHMENT A
LEGAL DESCRIPTION
E-4
ATTACHMENT B
MAP
(A more readable version of this map is available
in the Office of the Clerk of the Town of Marana,
Arizona, located as described in the Notice to
which this is attached.)
E-5
EXHIBIT F
TOWN OF MARANA, ARIZONA
TANGERINE FARMS ROAD IMPROVEMENT DISTRICT
FORM OF NOTICE OF HEARING
NOTICE OF HEARING
TO: ALL PERSONS OBJECTING AND PROTESTING WITH RESPECT TO TOWN OF
MARANA, ARIZONA TANGERINE FARMS ROAD IMPROVEMENT DISTRICT:
NOTICE IS HEREBY GIVEN that the Mayor and Common Council of
the Town of Marana, Arizona (hereinafter referred to as the "Town"),
have set July 18, 2006, at the hour of 7: 00 p.m., for hearing all
protests against the work and improvement and objections to the extent
of the district to be assessed to pay the costs and expenses of the
work and improvement described in Resolution No. 2006-75 of the Mayor
and Common Council of the Town and known as "Town of Marana, Arizona
Tangerine Farms Road Improvement District" (hereinafter referred to as
the "District"). The hearing will be held at the Council Chambers,
11555 West Civic Center Drive, Marana, Arizona, or at such other place
to which the meeting may be adjourned as may be decided by the Mayor
and Common Council of the Town, if such place proves inadequate for
such hearing. All persons signing protests, their agents or attor-
neys, are required to appear and show cause why their protest should
not be overruled and why all protests should not be ruled insuffi-
cient. All persons signing obj ections to the extent of the District
to be assessed may appear and prosecute their objections. All persons
desiring to be heard with respect to such protests and objections or
any other matter concerning the District should be present at the
place set for the hearing at the time set for the hearing. The Mayor
and Common Council of the Town have determined that improvement bonds
shall be issued (hereinafter referred to as the "Improvement Bonds")
under the provision of Title 48, Chapter 4, Article 2, Arizona Revised
Statutes, as amended, in the name of the Town, but payable only out of
a special fund collected by the Town from special assessments levied
upon the lots, tracts, pieces and parcels of land included within the
District, not to exceed twenty-five (25) annual installments from the
assessments of Twenty-Five Dollars ($25.00) or over remaining unpaid
as of the date of the Improvement Bonds. The Improvement Bonds shall
bear interest at the rate of not to exceed eight percent (8%) per
annum, payable on the first day of January and July of each year and
shall be payable in the manner and be subject to the provisions as to
collection of assessments for the payment thereof as described in
Title 48, Chapter 4, Article 2, Arizona Revised Statutes, as amended,
save and except that the method of collection of said assessments
shall be as provided in Sections 48-600 to 48-607, both inclusive,
Arizona Revised Statutes, as amended, and not as provided in Section
48-608, Arizona Revised Statutes, as amended.
E-6
DATED this .... day of ..........,2006.
(~(.~?~~~~~.~:.~:?~~?~..........
Clerk, Town of Marana, Arizona
MAIL:
At the address given by each obj ector and protestor at
least 10 days prior to the hearing.
PUBLISH: Twice in the Daily Territorial ten days before the date of
the hearing.
E-7