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HomeMy WebLinkAbout11/01/2005 Blue Sheet Re-formatting Town Code TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 1, 2005 AGENDA ITEM: J.4 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2005.22: Relating to Administration; re-adopting and re-formatting the Town Code and making necessary and beneficial modifications to conform to State law changes, internal Town Code inconsistencies, and standard rules of style. DISCUSSION This item carries out the Town Code re-formatting item discussed with the Town Council on June 21, 2005. The Legal Department and the Town Clerk have been working together to mod- ernize and standardize the format of the Town Code. Among other things, this proposed re- codification makes certain global changes without noting them in the right margin. The global changes are those that result from application of the stylistic conventions established in Section 2 of the adopting ordinance (attached). The re-formatted Code completely rewrites Chapter 15 (Marana Regional Airport) so that it is consistent in style with the rest of the Code. The re-format also incorporates newly adopted Ti- tle 16 (Utilities Board). Various revisions have been made to conform to later adopted Town ordinances and State law and are noted in the right-hand margin. For example, the former Town regulations on massage therapists and establishments (Chapter 9-4) is deleted by the re-format to conform to A.R.S. S32-4201, et seq., the State law that preempts regulation of massage therapists and establish- ments. An example of a Town ordinance that created an internal inconsistency in the Town Code is Ordinance No. 2002.22, which amended Section 3-4-3 of the Code to make the Finance Director the Purchasing Director, in place of the Town Manager. This revision was not carried forward into the duties of the Town Manager and Assistant Town Manager (Sections 3-2-1 and 3-2-2, respectively) when Ordinance No. 2002.22 was adopted, so the re-format makes this cor- rection. Many other similar revisions and corrections have been made by this re-format, and are noted in the right-hand margin. To assist the Council in seeing exactly what language has been changed, a "redline/strikeout" comparison of the old Town Code to the re-formatted Town Code has been provided. It shows new language double underlined in blue, deleted language struck out in red, and moved language in green (struck-out green shows areas where language moved from; double underlined green language shows where language was moved to). {00001348.DOC I} - 1 - FJC/cds 10/26/05 The adopting ordinance expressly authorizes the Town Clerk and Town Attorney to add and cor- rect any historic notes or prior ordinance history (the information to the right of the vertical line ) without the need for formal Council action. RECOMMENDATION Staff recommends adoption of Ordinance No. 2005.22, adopting the re-formatted Town Code. A TT ACHMENT(S) Adopting ordinance Reformatted Town Code* Redlined/strikeout version showing changes from the former codification of the Town Code to the re-formatted Town Code* *These volumes were delivered separately to Council members on October 25,2005. SUGGESTED MOTION I move to adopt Ordinance No. 2005.22. {OOO01348.DOC /} - 2 - FJC/cds /0/26/05 MARANA ORDINANCE NO. 2005.22 RELATING TO ADMINISTRATION; RE-ADOPTING AND RE-FORMATTING THE TOWN CODE AND MAKING NECESSARY AND BENEFICIAL MODIFICATIONS TO CONFORM TO STATE LA W CHANGES, INTERNAL TOWN CODE INCONSISTENCIES, AND STANDARD RULES OF STYLE. WHEREAS, Marana ordinances of general application have been codified over time into the Marana Town Code; and WHEREAS, the Town has determined that a comprehensive re-format of the Town Code is in the public interest to assure that all adopted ordinances are accurately codified; and WHEREAS, changes in state law and the adoption of certain Town ordinances have made certain provisions ofthe Town Code obsolete; and WHEREAS, stylistic consistency in the Town Code improves its ability to be read and understood by the public and officials relying on the Code; and WHEREAS, the Town Council finds that the adoption of the proposed re-codification is in the best interest ofthe Town. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The re-formatted "Official Code of the Town of Marana, Arizona" ("Town Code") attached to and incorporated in this ordinance as Exhibit A is hereby adopted in place of the prior codification of Marana ordinances of general application. SECTION 2. The following rules of style are hereby adopted for the Town Code, describ- ing global revisions incorporated without attribution into the re-formatted Town Code and guid- ing future amendments to the Town Code: A. The code is divided into titles and chapters instead of chapters and articles. B. Paragraph and numbering styles are standardized to use (1) capital letters for the first level, {00001423.DOC /} FJC/cds /0/26/05 (2) numbers for the second level, (3) small letters for the third level, and (4) small roman numbers ("romanettes") for the fourth level. C. References to the town and its officials are consistently not capitalized. D. Numbers from one to ten are spelled out and numbers 11 and above are written as nu- merals, except when they appear at the beginning of a sentence or are part of an official refer- ence (such as "class 1 misdemeanor"). E. Dollar amounts use the format "$20" instead of "Twenty Dollars ($20.00)." F. Percentages use the format "25%" instead of "twenty-five percent (25%)." G. References to time use the format "8:00 a.m." H. "Noon" and "midnight" are used in place of"12 p.m." and "12 a.m." 1. A particular section ofthe Arizona Revised Statutes is cited in the format "A.R.S. S" J. The word "years" is consistently added after a reference to age (for example, "age of 16 years" is used in place of "age of 16"). K. Singular references to the male gender (he, him, his) are replaced by gender-neutral or gender-inclusive wording. L. Non-specific legalistic references (for example: therefor, hereinafter, herein, hereto, said, such) are replaced by appropriate specific, non-legalistic wording. M. Common "deadwood" language is eliminated; for example (1) "to" replaces "in order to" (2) "if' replaces "in the event" (3) "ifthere is" replaces "in the event of' and (4) "when" replaces "at the time." N. Grammatically archaic or incorrect terms are corrected; for example, (1) "conforms to" replaces "conforms with" and (2) "or" replaces "nor" in some instances. {00001423.00C I} 2 SECTION 3. The Town Clerk and the Town Attorney are hereby authorized to add ex- planatory and historical notes within the right-hand margin of the Town Code without first seek- ing Town Councilor Town Manager approval. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of November, 2005. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00001423.DOC /} 3