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HomeMy WebLinkAbout01/19/2010 Council Agenda Packet~~'^~, ~~~ ~~ ~. ~a~~ REGULAR COUNCII. MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 19, 2010, 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 COUNCII. 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 payers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others. attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting -January 19, 2010 -Page 1 of 72 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, January 18, 2010, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www_marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR 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 P 1: Presentation: Relating to Personnel; Chiefs Citation for Professional Excellence (Terry Tometich) P 2: Presentation: Relating to Tucson's rain water harvesting ordinance (Ed Honea) ANNOUNCEMENTS/UPDATES PROCLAMATIONS Tucson Lightning Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Regular Council Meeting -January 19, 2010 -Page 2 of 72 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. 2010-08: Relating to the Marana Municipal Airport; authorizing the Town Manager to execute a grant agreement with the Arizona Department of Transportation (ElOF25) to provide state share match funding to FAA 3-04-0058-18 (T VanHook) C 2: Resolution No. 2010-09: Relating to Community Development; authorizing the Town Manager to execute an Agreement for Services with the Pima Association of Governments to extend management and implementation of the Summer Youth Transportation Art Program through December 31, 2014 (T VanHook) C 3: Relating to Liquor Licenses; recommendation to the state liquor board regarding a Person and Location Transfer of a Series 6 (Bar) liquor license application submitted by William W. Mack on behalf of Vintabla Wine & Spirits, located at 12130 N. Dove Mountain Blvd., # 144 (Jocelyn C. Bronson) C 4: Relating to Liquor Licenses; recommendation to the state liquor board regarding special event liquor license applications submitted by Southern Arizona Kart Club, Inc. on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for handicap racing equipment (Jocelyn C. Bronson) C 5: Minutes of the January 5, 2010 regular council meeting COUNCIL ACTION A 1: Ordinance No. 2010.04: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory know as the Oshrin Park Lots 3-9 annexation being an area containing approximately 7.3 acres of land located within the Oshrin Park Subdivision, specifically lots 3-9 and the adjacent rights-of-way of Spanish Bayonet Drive generally located south of Cortaro Farms Road and east of Cerius Stravenue (Lisa Shafer) BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D l: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this Regular Council Meeting -January 19, 2010 -Page 3 of 72 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 Regular Council Meeting -January 19, 2010 -Page 4 of 72 ~~ ~ ~~~ ~~~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 19, 2010, 7:00:00 PM To: Mayor and Council Item P 1 From: Terry Tometich ,Chief of Police Strategic Plan Focus Area: Progress and Innovation Subject: Presentation: Relating to Personnel; Chief s Citation for Professional Excellence Discussion: Officer Gerrie Tinsley served as a Marana School Resource Officer from 1996 to 2009. During this time, Officer Tinsley assisted in the positive growth of elementary school children by establishing the trust needed to work in an academic environment, while gaining the rapport of the young children as well as the faculty and parents. The award being presented this evening recongizes Officer Tinsley for her dedication to Marana's students and parents during her years of service in the school system. Financial Impact: N/A ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: None. Presentation only. Suggested Motion: None. Presentation only. Regular Council Meeting -January 19, 2010 -Page 5 of 72 ~~ ~~ f~r~ .,e Nxks~~,.. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 19, 2010, 7:00:00 PM To: Mayor and Council Item P 2 From: Ed Honea ,Mayor Strategic Plan Focus Area: Not Applicable Subject: Presentation: Relating to Tucson's rain water harvesting ordinance Discussion: A preservation will be made by Rodney Glassman, Vice Mayor of the City of Tucson. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Presentation only. Suggested Motion: Presentation only. Regular Council Meeting -January 19, 2010 -Page 6 of 72 .,_ `: [„i €~;;~ ~f ~ r `~. i', is `'~ l ~ # ~~ ~~[^.~"'i~~A~ ±iia 1F_ i'~ rE~ ,t << 11fSOfl ~[ t~~ liitti`,(laE r.ICs!t7(~ .~ OI'I_= ~.? aka t0:~ »u ~ ~ri~ ~=}Czi,. €~~:: _ ,,~ t O(l,`,(?c:C~~r~`OC ~ -~:` ~:;li"lt .tT, ._ f'1 '1tr=C ir,tF~~'tEAS lF? _ . „ r i';ir".- ~'. 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I!i~:_.'il ~flt~t ?~ _ _ -: I ':IfC'C"7r:. _t v t'at°f1 ~.~.1`.~ 1.4 dS'i ~~i ~t is ~. '..~`~~t`, sa.7~~~. i r - ^'`, i f~.f~, ~~," Ed ~-lottea -_ `J~.. i s ,~ ..». t.~I`~~ i ~ 'E{.. :gin. E ~~r... _ _ Regular Council Meeting January 19, 2010 Page 'r of 72 ~="~~ :" IY1~ ~~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 19, 2010, 7:00:00 PM To: Mayor and Council From: T VanHook ,Community Development Director Strategic Plan Focus Area: Commerce Item C 1 Subject: Resolution No. 2010-08: Relating to the Marana Municipal Airport; authorizing the Town Manager to execute a grant agreement with the Arizona Department of Transportation (ElOF25) to provide state share match funding to FAA 3-04-0058-18 Discussion: In September 2009, the Town entered into a grant agreement (FAA 3-04-0058-18) with the Federal Aviation Administration (FAA) for $120,687 to help fund the design of an air traffic control tower under the federal airport development program. The Town was then able to apply for a portion of the required match from the State of Arizona. Earlier this summer, the Arizona State Transportation Board and the Director of the Arizona Department of Transportation authorized reimbursement to the Town for a portion of match funds (2.5%) expended for airport planning under the FAA 3-04-0058-18 grant agreement. The pending grant agreement (ADOT ElOF25) provides the Town $3,176 for reimbursement of costs incurred during planning activities as authorized by the Arizona Department of Transportation. Financial Impact: This grant agreement provides 2.5% match funding for FAA 18. The Town is responsible for an additional 2.5% equaling $3,176. ATTACHMENTS: Name: Description: Type: ^ Arport_-_ADOT_E10F25. Resolution 01-2010.doc ADOT E10F25 Resolution Resolution __ Staff Recommendation: Staff recommends authorization full execution of a grant agreement with the Arizona Department of Transportation to provide state share match funding to FAA 3-04-0058-18. Suggested Motion: I move to adopt Resolution No. 2010-08, authorizing the Town Manager to execute a grant agreement with the Arizona Department of Transportation to provide state share match funding to FAA 3-04-0058-18. Regular Council Meeting -January 19, 2010 -Page 8 of 72 MARANA RESOLUTION N0.2010-08 RELATING TO THE MARANA MUNICIPAL AIRPORT; AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION (ElOF25) TO PROVIDE STATE SHARE MATCH FUNDING TO FAA 3-04-0058-18 WHEREAS, A.R.S. § 28-8411 authorizes the Town Council of the Town of Marana to undertake all activities necessary to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate an airport; and WHEREAS, on September 15, 2009 the Town of Marana and the Federal Aviation Administration (FAA) entered into a grant agreement (FAA 3-04-0058-18) for $120,687 under the airport development program; and WHEREAS, the Arizona State Transportation Board and the Director of the Arizona Department of Transportation, in accordance with the authority granted by A.R.S. Sections 28- 304, 28-363, and 28-401 have authorized reimbursement to the Town of Marana for a portion of match funds expended for airport planning under the FAA 3-04-0058-18 grant agreement; and WHEREAS, under the terms of the pending Grant Agreement (ADOT E l OF25) the Town of Marana is eligible to receive $3,176 for reimbursement of costs incurred during planning activities authorized under planning under the FAA 3-04-0058-17 from the Arizona Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Council approves the agreement and authorizes the Town Manager and staff to take appropriate actions to carry out the terms of the agreement with the Arizona Department of Transportation. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of January 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -January 19, 2010 -Page 9 of 72 ~~~ ~~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 19, 2010, 7:00:00 PM To: Mayor and Council Item C 2 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building, Recreation Subject: Resolution No. 2010-09: Relating to Community Development; authorizing the Town Manager to execute an Agreement for Services with the Pima Association of Governments to extend management and implementation of the Summer Youth Transportation Art Program through December 31, 2014 Discussion: Each year the Town of Marana receives funding for a Youth Art Program to design, build, and install public art in major transportation corridors. This funding helps support these activities on an annual basis. Past funding has been used to design and build neighborhood gateway projects and many of the the mosaic signs throughout the Town. On December 31, 2009 the Agreement for Services that serves as the contractual document for this program expired. The attached is an updated Agreement for Services extending the program period to December 31, 2014. Financial Impact: This is a 100% reimbursable program. No match funding is required. ATTACHMENTS: Name: Description: Type: ~ RE.SO PAG_Youth Art Agreement Extenso_n_ PAG Transportation Art Program Reso Resolution (00018897) DOG.. ^ PAG -Youth Art Marana Services_Agreement 01- Reso Exh A: PAG -Youth Art Agreement for Services Exhibit 201_l7,_doc Staff Recommendation: Staff recommends adoption of Resolution No. 2010-09, approving and authorizing the Town Manager to execute the Agreement for Services with the Pima Association of Governments to extend management and implementation of the Summer Youth Transportation Art Program through December 31, 2014. Regular Council Meeting -January 19, 2010 -Page 10 of 72 Suggested Motion: I move to adopt Resolution No. 2010-09, authorizing the Town Manager to execute the Agreement for Services with the Pima Association of Governments to extend management and implementation of the Summer Youth Transportation Art Program through December 31, 2014. Regular Council Meeting -January 19, 2010 -Page 11 of 72 MARANA RESOLUTION N0.2010-09 RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT FOR SERVICES WITH THE PIMA ASSOCIATION OF GOVERNMENTS TO EXTEND .MANAGEMENT AND IMPLEMENTATION OF THE SUMMER YOUTH TRANSPORTATION ART PROGRAM THROUGH DECEMBER 31, 2014 WHEREAS the Town of Marana currently administers an Ongoing Summer Youth Transportation Art Program to provide youth with employment, training and experience in creating public art; and WHEREAS the Pima Association of Governments (PAG) has set aside, and intends annually to set aside Highway User Revenue Funds for public art projects as part of the Summer Youth Transportation Art Program commencing the summer of 2010 and continuing each calendar year thereafter through December 31, 2014; and WHEREAS the Agreement for Services between Marana and PAG for participation in the Youth Art program expired on December 31, 2009; and WHEREAS PAG and the Town of Marana want to renew the Agreement for Services through December 31, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, approves and authorizes the Town Manager to execute and take appropriate action carry out the terms of the Agreement for Services with the Pima Association of Governments attached to and incorporated in this resolution as Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19~' day of January, 2010. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -January 19, 2010 -Page 12 of 72 PAG Contract: 201014-5941-0001 AGREEMENT FOR SERVICE THIS AGREEMENT entered into this by and between the Town of Marana, hereinafter called Marana, and the Pima Association of Governments, an Arizona non-profit corporation, hereinafter called "PAG ", PURPOSE: WITNESSETH WHEREAS, Marana currently administers, or wishes to administer, an Ongoing Summer Youth Transportation Art Program to provide youth with employment, training and experience in creating public art; and WHEREAS, PAG has set aside, and intends annually to set aside, throughout the term of this AGREEMENT, Highway User Revenue Funds for public art projects as part of the Summer Youth Transportation Art Program commencing the summer of 2010 and each continuing calendar year thereafter throughout the term of this AGREEMENT; NOW, THEREFORE, both parties agree as follows: ARTICLE I TERM AND MAXIMUM AMOUNT: This term of this AGREEMENT shall extend from the date of signature by the PAG Executive Director and shall terminate on December 31, 2014 unless sooner terminated, or unless further extended, pursuant to the provisions of Article V of this AGREEMENT. In the fall of each calendar year PAG will solicit participation in the Program by PAG jurisdictions. No work shall be undertaken until a Notice To Proceed (NTP) is issued by PAG. By signing this AGREEMENT, both Marana and PAG acknowledge mutual understanding that, upon completion and acceptance of the work undertaken during each year of the program Marana, should it so desire, may respond to PAG's solicitation by applying to continue Program participation during the succeeding year in accordance with PAG's Policies On Transportation Art Projects in existence at the time of application. Annual preliminary approval and determination of eligibility of Marana's proposed project(s) submitted under this Program shall rest with PAG's Transportation Planning Committee (TPC); final approval of Marana's proposed project(s) rests with the Arizona Department of Transportation (ADOT). Upon final approval from ADOT, PAG will promptly issue a Notice To Proceed. Maximum payment under this contract is $125,000.00. If the town has remaining funds from a previous contract they may incorporate the balance into this contract by amendment. Regular Council Meeting -January 19, 2010 -Page 13 of 72 ARTICLE II PURPOSE AND WORK STATEMENT: Project shall be approved each year by the PAG Transportation Planning Committee. ARTICLE III Marana's Duties: Marana shall provide the following services: • Administer the project as approved by the Transportation Planning Committee each year. • Recruit youth from economically disadvantaged areas. • Consult with the elected officials and other involved parties in determining the precise nature and location of the completed project. • Provide for review and approval of the completed project by the key stakeholders and decision-makers. • Assume all responsibilities for the project, including cost and quality. control measures for design and construction. • Submit a final report to PAG detailing the results of the program for the subject calendar year. • Submit confirming, complete and accurate invoices for reimbursement of expenditures incurred under this Program; such invoices shall be submitted to PAG monthly. Final invoice to be submitted within ninety (90) calendar days upon completion of the project. Invoices submitted later than ninety (90) days following project completion will not be paid unless PAG determines that extenuating circumstances prevail. • Applications should include a budget breakdown that provides a separate line item for youth stipends. Note: Pima Association of Governments (PAG) targets a minimum of 20% for youth stipends. • Final invoice should include a color photograph of the completed youth art project • Each project should include a plaque on the completed Youth Art Project indicating funding support contributed by Pima Association of Governments. (PAG will provide plaques upon request.) Regular Council Meeting -January 19, 2010 -Page 14 of 72 ARTICLE IV PAYMENT: A. Total payment for each year of this AGREEMENT shall be set by the Transportatton Planning Committee. Further, Marana may elect to augment funds provided by PAG at the sole discretion of Marana. B. PAG shall pay Marana upon receipt of acceptable, properly completed invoices detailing project progress and expenditures. C. PAG shall have sole discretion to determine whether or not to pay for work performed by Marana prior to ratification of this AGREEMENT and to determine the amount of such payment. ARTICLE V TERMINATION /EXTENSION FOR CONVENIENCE: PAG may, at any time and without cause, cancel this AGREEMENT by serving upon Marana 30 days advance written notice of such intent to cancel. In event of such cancellation, PAG's only obligation to Marana shall be payment for services rendered prior to cancellation. If mutually agreed by PAG and Marana, the term and maximum amount of this AGREEMENT may be extended. ARTICLE VI CONFLICT OF INTEREST: This AGREEMENT is subject to the provisions of A.R.S. 38-511 which provides as follows: "The State, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty of further obligation, made by the State, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract." Regular Council Meeting -January 19, 2010 -Page 15 of 72 ARTICLE VII ASSIGNABILITY: Marana shall not assign any interest in this AGREEMENT, and shall not transfer any interest in the same without prior written consent of PAG thereto; provided, however, that claims for money due or to become due to Marana from PAG under this AGREEMENT may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to PAG. ARTICLE VIII INTEREST OF MARANA: Marana covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this AGREEMENT. Marana further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed. ARTICLE IX FINDINGS CONFIDENTIAL: Any reports; information, data, etc., given to, prepared or assembled by Marana under this AGREEMENT which PAG requests to be kept as confidential shall not be made available to any individual or organization by Marana without prior written approval of PAG. PAG shall not, however, withhold such approvals unreasonably or in violation of applicable Federal or Arizona State Law. Publicity releases or releases of information or publications concerning this AGREEMENT shall be coordinated with PAG prior to said release. ARTICLE X OFFICIALS NOT TO BENEFIT: No member of or delegates to the Congress of the United States of America, and no resident commissioner, shall be admitted to any share or part of the AGREEMENT or to any benefit to arise here from. Regular Council Meeting -January 19, 2010 -Page 16 of 72 ARTICLE XI NONDISCRIMINATION: Affirmative Action Provisions: Marana agrees to abide by the PAG affirmative action policies as stated in PAG Resolution # 84-4, dated November 21, 1984. These are included in the Personnel Policies of the Pima Association of Governments as approved by the PAG Regional Council on November 21,1984, and as they may be amended. ARTICLE XII AMERICANS WITH DISABILITIES ACT: Marana shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 D.S.C. 12101- 12213), and applicable Federal regulations under this Act. ARTICLE XIII NON -WAIVER: The failure of PAG to assist in any one or more instances upon the full and complete compliance with any of the terms and provisions of this AGREEMENT, to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same or any other covenant or condition either in the past or in the future. ARTICLE XIV INDEMNIFICATION: Marana and PAG shall each indemnity, defend and hold harmless their own officers, employees and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands and costs attendant thereto, arising out of any act, omission, fault or negligence by each party, its agents, employees, or anyone under its direction or control or on behalf in connection with performance of this AGREEMENT. ARTICLE XV SEVERABILITY: Each provision of this AGREEMENT stands alone, and any provision of this AGREEMENT found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this AGREEMENT. Regular Council Meeting -January 19, 2010 -Page 17 of 72 ARTICLE XVI Funding for this AGREEMENT is being provided by the Arizona Department of Transportation. PAG has no funds of its own to pay for the work being done under this AGREEMENT, and therefore is not obligated to pay Marana until PAG receives funding from the ADOT. Costs incurred by Marana as the result of any changes by PAG and/or by Marana outside the general Scope of this AGREEMENT will not be allowed for reimbursement under this AGREEMENT unless these changes and related costs have been approved by PAG in writing prior to incurring the costs. ARTICLE XVII Marana shall obtain insurance as described below and keep such coverage in force throughout the life of the Contract. All policies must contain an endorsement providing that written notice be given to PAG at least ten (10) calendar days prior to termination or cancellation in coverage in any policy. Except for professional liability insurance, the liability insurance policy(s) shall include PAG as an additional insured with respect to liability arising out of the Contract. Marana must agree that the insurance will be primary and that any insurance carried by PAG will be excess and non-contributing. Coverage Afforded Coverage Afforded Limits of Liability Worker's $100,000 Compensation Employees Liability Professional Liability $500,000 (Errors and Omissions) General Liability $1,000,000 Marana must present to the PAG Procurement Officer written evidence (Certificates of Insurance) of compliance with these insurance requirements prior to the start of work and shall satisfy PAG rel?ardin~~adequac~ Regular Council Meeting -January 19, 2010 -Page 18 of 72 ARTICLE XVIII ENTIRE AGREEMENT: This AGREEMENT constitutes the entire AGREEMENT between the parties and shall not be modified, altered, amended, or changed except by mutual consent as indicated by signatures of the PAG Executive Director and authorized officials of The Town of Marana IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date signed by the PAG Executive Director. THE TOWN OF MARANA PIMA ASSOCIATION OF GOVERNMENTS Gary G. Hayes EXECUTIVE DIRECTOR and not personally. APPROVED AS TO FORM Thomas Benavidez PAG Legal Counsel Date: Regular Council Meeting -January 19, 2010 -Page 19 of 72 .1--ti'^1 ~~~ ~-~.~~ t~~ ~ ~~>~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 19, 2010, 7:00:00 PM To: Mayor and Council Item C 3 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding a Person and Location Transfer of a Series 6 (Bar) liquor license application submitted by William W. Mack on behalf of Vintabla Wine & Spirits, located at 12130 N. Dove Mountain Blvd., # 144 Discussion: This application is for a Series 6 (Bar) liquor license at Vintabla Wine & Spirits located at 12130 N. Dove Mountain Blvd., # 144. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. As of this date, January 12th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The town's Building, Planning and Legal Departments have reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. All departments found the applicant to be in compliance and have no objections to the issuance of this license. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. By state statute, "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application or does not submit a recommendation to Regular Council Meeting -January 19, 2010 -Page 20 of 72 the DLLC within the 60-day time period, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: O Vintabla Affidavit of Posting.pdf ~ Vntabla_LG..B...R,pdf ~ Vintabla_Descriptions_of common. types_of_lqu_ or licenses. (00018.233). DOG Description: Affidavit of Posting Local Governing Body Recommendation Descriptions of common Liquor Licenses Type: Backup Material Backup Material Backup Material Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of a Person and Location Transfer of a series # 6 (Bar) liquor license application submitted by William W. Mack on behalf of Vintabla Wine & Spirits, located at 12130 N. Dove Mountain Blvd., # 144. OPTION 2: I move to adopt an order recommending disapproval of a Person and Location Transfer of a series # 6 (Bar) liquor license application submitted by William W. Mack on behalf of Vintabla Wine & Spirits, located at 12130 N. Dove Mountain Blvd., # 144. Regular Council Meeting -January 19, 2010 -Page 21 of 72 ARIZONA DEP. Date of Posting: Applicant Name: ~~Gk >_ast ENSES AND CONTROL ~ ~ ~~e~c5f Posting RRemoval: ~J~ _ >Y h 3~ ~[ ~;II~aM Ward F1^st Middle Business Address: ~ Z13~ ~__. I~avc. /~oynl~q~N ~)~~. ~#/ y~ /yffJ~Q,9t1/fJ $S6 S ~ Street Clty Zip License #: _ ~ ~ l d c~ 15~ I hereby certify that pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days, Prlnt Name of Cty/County OFficiaE Title Telephone A ~.r-,~' signature -- - DateSigneii Return this affidavit with your recommendation {i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please tall (602} 54.2-5141 and ask for the Licensing Division. Individuals requiring spedal accommodations please call (602)542-9027 Lim119 4/2009 Regular Council Meeting -January 19, 2010 -Page 22 of 72 Rint Ft~rrn Arizona Department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix, Arizona 85007 www.azliquar.gov 602-542-5141 LcXAL GOVERNING BODY RECOMMENDATION Marana CITYlTOWN OF Pima COU NTY OF .ARIZONA. CITY/TOW N/COUNTY # 20i 0-Q01 ORDER # Regular M~ratia Town Council At a meeting of the of the City/TownlCounty (Regular or Special) (Governing body) Marana 19t1~ January 2010 of held on the day of the (Day j (Month) (Year) William W. Mack application of for a license to sell spirituous liquors at the premises described in Application # 06100154 ,License Class Series 6 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of is hereby recommended for (approva I/disapproval) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. DATED AT . This (Day) r~ iom osrzoo9 day of (Month) (Year) CITY/TOWN/COUNTY CLERK * Disabled individuals requiring special accommodations please call the Department 06100154 STATE APPLICATION # Regular Council Meeting -January 19, 2010 -Page 23 of 72 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Seres ~ Bar TI-lis liquor license is transfierablefrom persen to person and!or location to loci ~~.~:~ithin the s ; ~.- ~; ;.l,r~ty only and alloy - t".c I~~al~ler bo#h on- & off-sale r~taii ~:!"ivileges. Triis license aNe~~^,!s a har let~riler to sell an~i ~Fr,,~~~ ::~~iritue~€s liquors, I I.r1?:~iI, h,r individual portions. to t~~;~ eonsl_lrne~ can the prep ~ - ;: ;,r;d ire ' ~ =:=:ri.:i-"ial contairt~ tc;r ;_ ~ ~~~~",ption on or off the premises. ~'- retailer Nrith ~fif-sale privileges may deliver spirituol-ls ii~_;I_lor off of the licens€a~i ~,I ~rnises in c ; ectlon ~~~Jith a retail sale. Payll~ent n-lust be rtla~~e r;o later tl-pan the titre of ~i~lr+>/ry.:~~ff-sale ~' T.J G~,' pack«_ac~: s=:Ics of spirituous liquor can b~~1 mado on th~~ k~ar prer~ts~ -~~: as long as the ct(~-~ !~~` off-sa~~ ~ l ~:'(.',On ~~~JC'S C!C)l lltlilZ~ a SGI)a(att~ elltranCe ~3nd e7Clt frotal tilt onus p(OVtded f~~ `.t~', bar. ~` i1C1`.E;~ '~[- n-~.,t=~! wlfil a ~E:fiES ~)t7 Il:~r_',nSe tTlay SE;II Spll'ItIJOL1S h~i110r In S+~aled cn~~'.~ rters ire individE .i n~~~t;c.~s t .t :, registered c~lc~sts at any titiT~~ by m~;ans of a minibar I(iCcstE'd Ill tt1,, ~tlE'.St. ~!. .. ~~ 'ii fFC1ISt P. ~,~i ~I i, '5t;1.. I ilr ~rr~I~te Cd )~IeSt CilUSt IJe-, at IE;~as' t'a'Jenty' O(le (L1 r yF';,ii" ;)f age. f1CCE'.SS t0 1I"1@ (li.', ~'c;i' JV i ~;c:y OC n1.=~1C~r"leilf:: _~ 'i j~Vi'~c: 3r"I'j not fUlnlsflr?d tG' ci ~llesf hE'f'v^J2et1 the r'C~!~rs •..: ,~1~ ? I71. and ~~:J:1c3.tn. l~+~lJ(yU~y, till 11.i1"1 Sati,lyday and 1 :IJ!:~ a.l;l. ~;~d 10:00 a.n). on Sur,;~ays. This is a quota license, which means there are no "new" Series 06 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 06 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the sart~e or another location. Series 07 Beer and Wine Bar This liquor license is transferable from person to person andfor location to location within the same county only and allows the holder both on- & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Off-sale ("To Go"} package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. This is a quota license, which means there are no "new" Series 07 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 07 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Regul~~l~in~ -January 19, 2010 -Page 24 of 72 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 09 Liquor Store This liquor license is transferable from person to person andfor location to location within the same county only and allows the holder off-sale retail privileges. This license allows a spirituous liquor store retailer to sell all spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off- sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine {no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 11 HotelfMotel This non-transferable, on-sale retail privileges liquor license allows the holder of a hoteVmotel license to sell and serve spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest roams of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent {4~0°l0) of its gross revenue from the sale of food. Failure to meet the 40°f° food requirement shall result in revocation of the license. Regul~~~l~e~in~ -January 19, 2010 -Page 25 of 72 ,..~~ ~f itfl~A ~i NARi~t,{.. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 19, 2010, 7:00:00 PM _~ _.__. To: Mayor and Council Item C 4 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Community Building Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding special event liquor license applications submitted by Southern Arizona Kart Club, Inc. on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for handicap racing equipment Discussion: These applications are for special event liquor licenses on behalf of Southern Arizona Kart Club, Inc. on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for handicap racing equipment. These events do not require an additional special event permit as the venue is designed for the activities being conducted. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues of the special events. Five applications are being submitted to cover each of the time periods requested which are chronological but not consecutive. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license applications are approved by the Town Council, and the events meet the requirements for granting the license, the director of the DLLC will issue the special event liquor licenses to the qualifying organization. If the applications are disapproved by the Town Council, the DLLC will normally not consider the applications. Attached are the five applications. The event dates are January 22nd-24th, 29th, 31st, and February 5th-8th and 10th, 2010. Regular Council Meeting -January 19, 2010 -Page 26 of 72 ATTACHMENTS: Name: Description: Type: O $portsp_ark apps.pdf. SE Liquor Lic.Applications Backup Material Staff Recommendation: Staff recommends approval of these special event liquor license applications. Suggested Motion: OPTION 1: I move to approve the special event liquor license applications submitted by Southern Arizona Kart Club, Inc. on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for handicap racing equipment. OPTION 2: I move to disapprove the special event liquor license applications submitted by Southern Arizona Kart Club, Inc. on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for handicap racing equipment. Regular Council Meeting -January 19, 2010 -Page 27 of 72 State of Arizona Department of Uquor Licenses and Control 800 W. Washington, Sth.f=loor Phoenix, AZ 850©7 www.azliquorgav (602)5425;41 APPLICATIC'~N FOR SPECIAL EVENT LICENSE :Fee _$25:00 per day for 1-1 Q day events only A service fee of $25.00 will be charged far all tfishonared checks {A:R.S.§ 44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT-WILL BE RETURNED. PLEASE ALLOW 10't3USINESS DAYS°FOR APPROVAL **Applicatlon must be approved by local government before submission to - nLLC uss orri.Y Department of Liquor Licenses and Control. (Section #2t1) Lzc~xs$ # 1. Name of Organization: ~ ~~ ~~~ 2. Non-Profit/I.R.S. Tax Exem~t'JVumber: . ~- 3. The organization is a: (check one box only) p Charitable ^ Fraternal (must have regular membership and in existence for over 5 years) ^ Civic ^ Political Pariy, Ballot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this event? Fund-raiser for handicap rating equipment 5. LOCatIOn Of the event: 6901 N. Casa Grande Hwy. Tucson Pima 85743 Address of physical bcation (Not P.O. Box) City County Zip Applicant must be a member of the~ualifvins~ organization and authorized by an Officer Director or Chairperson of the Organization named in Question #1. (Signature required in section #181 6. Applicant: Qw~ cnenes No~~ ~ Last "°" First Middle Date of Birth 7. Applicant's Mailing Address: 11soo s. Harrison Rd rucson Az ss~a~ Street City State Zip 8. Phone Numbers: (~ ) s~~-sz3o (5zo ) zas-sz~s (5zo ~ ~ Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) $ HOUrS of Event: (Remember, you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Day 1: 1/22110 Friday Day 2: 1/23/10 Saturday Day 3: 1/24/10 Sunday Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Hours from A.M./P.M 5:00 pm 10:00 am 10:00 am To A.M./P.M. 11:00 ~m 11:00 pm 10:00 txn li~ pros os2~ *]Disabled individaals regairing special accommodations, please cab (602) 549027 Regular Council Meeting -January 19, 2010 -Page 28 of 72 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? YES ~ NO (attach explanation if yes) 11. This organization has been issued a special event license fors days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ~ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organ¢ations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 25% OF THE GROSS REVENUES OF TWE SPECIAL EVENT LIQUOR SALES. Name Southern Arizona Kart Club Inc. 2596 Address ~ ~ 800 S. Harrison Rd Tucson, AZ 85747 Name Prnnade Concessions LLC 75% Address Moon Dr. Tucson, AZ 85743 (Attach additional sheet'rf necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. ff you have any questions regarding the law or this application, please txmtact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of securitylpolice personnel and type of fencing or control barriers if applicable) # Police (] Fencing z # Security personnel p Barriers 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) Name usiness ~-) Phone Number 17. Your licensed premises is that any in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license.. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -January 19, 2010 -.Page 29 of 72 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. Charles Quiroz ~~ q~t I am an irverson appointing the ( ," . applicant 1' 6, to behalf of the foregoing organ¢ation for a Specal C-vent Licerrse. /' Vii. --„` " X ~~ '""• President / (sio ) ~-~sis r~~(Signatu . , y_... ~; ~ 1 ~~ ~ ti ) ) (Phone #) ~~~1Q `~'f ~° C~%: E~ i~i-itJRP ~ County of NG~Afi°t I=u~l_l;. T~p~g instrument was acknowledged before me this I~lr~x~ t~O~N"i< ~ l ao l0 My Comm. Exp. ; s:~. 5, 201Q oar r~ornr, Year My Commission expires on: Q a O ~~~~~„~ (Date) (Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. I, Chaff Glwroz _ declare that I am the APPLICANT filing this application as list~edrin I ~ application and the cortterrts and aA statements an: true, correct a~npd complete. f C~e T~n loin meet was acknowledged before me this tore) EV~i_YI~~ ~. ~`'3i~~iagP ~....,,. ~~ 1 n /n My t~mmission expires on: NOTARY ~J ~,,t,.gRlt(~q Morrtlr Pih/iq Ct)UI~TY Year You must obtain local aovernmerrt approval. City or Countv MUST recommend event and complete item #20. The local sroverninn body may r+eauire additional aoplications to be completed and submitted 60 davs in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. (, hereby recommend this speaaf event application (Government Otficiaq (Title) on behalf of {Cily, Town or County) (Signature of OFFlCIAL} (Dam) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Employee} (Date} Regular Council Meeting -January 19, 2010 -Page 30 of 72 State of Arizona Departrnent of Liquor Licenses and Control 840 W. Washington, 5th'Floor Phoenix, AZ $5007 www.azliquorgov (602542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee - $25OQ.per day for 1-10-day events only A service-fee of $25.00 will be ctra rged for alt-dishonored chedcs.,(A:R.S.§ 44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR C!` WILL BE RETURNED. PLEASE ALLQW 10 Bl1S1P1ESS-DAYS: FOR APPROVAL **Appiication must be approvetl by local govemmetrt before submission to DLLC usg oxLY Department Of Uquor Licenses antl Control. (Sel~iorl`#20) LICSNSl's # 1. Name of Organization: ~~~ Arizona ~~ cab ~- 2. Non-Profit/LR.S. Tax Exempt Number. ~- 3. The organization is a: (check one box only - Q Charitable ^ Fraternal (must have regular membership and in existence for over 5 years) ^ Civic ^ Political Party, Ballot Measure, or Campaign Committee p Religious 4. What is the purpose of this event? Fund-raiser for handicap racing equipment 5. LOt:atl0n Of th@ eVent: 8901 N. Casa Grande Hwy. Tucson Pima 85743 Address of physical location (Not P.O. Box) City County Z'ip Aaplicant must be a member of the aufrlifrrina organization and authorized by an Officer. Dimctor or Chaircerson of the Omanlzation named in Question #1. (Signature reguired in section #181 6. Applicant: Quiroz cnerles Norman Last First Middle Date of Birth 7. Applicant's Mailing. Address: 11800 S. Harrison Rd Tucson AZ 85747 Street City State Zip 8. Phone Numbers: (~ ) an-sxto (Szo } zas-s27s (szo } ~ Site Owner # Applicants Business # Applicants Home # 9. Date(S) 8c HOUrs Of EVent: (Remember. you cannot seB alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: 1/29/10 Friday 5:00 pm 11:00 pm Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: U~ oros osrzoo9 *Disabled individuals requiring special accommodations, please call (602) 542-9027 Regular Council Meeting -January 19, 2010 -Page 31 of 72 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? YES 0 NO (attach exalanation if yes} 11. This organization has been issued a special event license for ° days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 10096 of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 2596 OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name southern Arizona Kart Club Inc. 2s% PercerKage Address ~ 1800 S. Harrison Rd Tucson, AZ 85747 Name Pinnacle Concessions LLC T5% Address -Moon Dr. Tucson, AZ 85743 (Attach additional shee#'rfnecessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor iav-- violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police Q Fencing z # Security personnel p Bamers 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) Name of Business ~-) Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The fotk3wing page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fenang, barricades or other control measures and security positions. Regular Council Meeting -January 19, 2010 -Page 32 of 72 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION ~!'I 18. I Charles Quiroz declare that I am an irnerson appoirrting the (Print full applicant listed in .6;'t4t `won be~~athe ivregoing organization for a Speaal E ua License. X ("..° ~" President ~ // D (s2o ~ axtas~s ,r•~'(Sg ur (Truemasifion) . _._... ~...~ . ) (P~ ~ ~`' State f ,~ , ~ l~ ` ~~ ~ ~.r Q - .. ~'#t~ ~oi~eY~oi s ackn ged before me this p2q~ C ~' i (~i,° ~ ear My Commission expires on: a ~ a2~ ~O ~.~ c `'` } `~""''~ .. ' ~ ~. 6.201 {Date) (Signature of NOT Y PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #~6 19. I, Charles (luiroz declare that I am the APPLICANT filing this application as (Print fuN na ) listed in Que"~ hays icaiion and the coMentss and ~ statemerrts are true, cared and complete. r .~ Sf$if~tifi~+" County of X ~ ~ Y~_ was acknowledged before rrre this Nf3~A~Y I'l!i3o<iC- At' ~ O '°~ ~: P i MA C Q ~,1 I~''Y Year My commission expires on: ICY Cornm. Exp. Fr?b. 6, 2414 You must obtain local aovemment approval. Cfir or Courtly MUST recommend event and c The local stoveminp body may require additional applic~ions to be completed and subs in advance of the event. Additional licensing fees may also be required before approval may LOCAL GOVERNING BODY APPROVAL SECTION 20. I, _ (Govemrrrent Offiaaq on behalf of (City, Town or County) (Title) hereby recommend this special event application (Signatun: of OFFICIAL) (~) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) Regular Council Meeting -January 19, 2010 -Page 33 of 72 State of Arizona Department of Liquor'Licenses and Control 800 W. Washington, 5th Floor `: Phoenix, AZ,85~7 v~rww.a~liquorgov (602)542-5141 APPLICATION. FOR SPECIAL EVENT LICENSE Fee = $25OO.per day for 1-10 day events only- Aservicefee of $25.00 will be charged forail dishorwred checks (A.R:S.§ 44-6852) NQTE: THIS DOCUMENT MUST BE-FULLY COMPLETED OR R WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS-FOR APPROVAL **Application must be approved by local goveminent before submission to DLLC IIs$ ONLY Deparbnent Of L.iqua Licenses and Contror. (Section #20) Llcfirrsls # 1. Name of Organization: southern Arizona tart club Ina 2. Non-Profit/LR.S. Tax Exempt Number. ~- 3. The organization is a: (check one box only) p Charitable p Fraternal (must have regular membership and in existence for over 5 years) Q Civic ^ Political Party; Ballot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this event? Fund-raiser for handicap racing equipment. 5. Location of the event: seal N. casa Grande Hwy. Tucson Pima e5~aa Address of physical location (Not P.O. Box) City County Zip Applicant must be a member of fhg gualfiring organization and authorized by an Officer Director or Chairoerson of the Organization named in Question #1 (Signature required in section #181 6. Applicant: Q°1f°Z Charles Norman i• Last First Middle Date of Birth 7. Applicant's Mailing Address: 11800 s. Hanson rtd Tucson Az 85747 Street City State Zip 8. Phone Numbers: (5zo ) a77~2so { s2o ) 2a5-srie (520 ) i• Siffi Owner # Applicarrt's Business # Applicants Home # 9. Date(s) & HOUrs of Event: (Remember. you cannotsef akbhol before 10:00 a.m. on Sunday) Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Date 1/31/10 Day of Week Sunday Hours from A.M./P.M. To A.M./P.M. 10:00 am 10:00 pm t.~ oros osnoo9 *IDisabled individuals requiring special accommodations, please call (602) 542-9027 Regular Council Meeting -January 19, 2010 -Page 34 of 72 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ^ YES Q NO (attach explanation if yes) 11. This organization has been. issued a special event license fors days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES ~ NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proc~ds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Southern Arizona Kart Club Inc. 25~ Percentage Address 11800 S. Harrison Rd Tucson, AZ 85747 Name Pinnacle Concessions LLC 75% Percentage Address Moon Dr. Tucson, AZ 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES " 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police Q Fencing 2 # Security personnel Q Barriers 16. Is there an existing liquor license at the location where the special event is being held? ^ YES ~ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) Name of Business S-) Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -January 19, 2010 -Page 35 of 72 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I, Charles Quiroz declare that 1 am an Ofrcer/DinsctodGhaimerson appointing the (PrintfuU ~'~ applicant list in , _ __, 'fo "apply on b half of the foregoing organ¢ation for a Special E License. ,,,~. X -'~~.-. President /' ~/ !,~ (szo ) 3osasia " ,• {,,.~~'~.~' (Sig ,....,__~.,.~ ~.~._ m,._.. e.(.TitlelPar;~. ) (Phone #) °~`,,€:,~;~~~"~"~YN~e. llregp~ng / entwas~acknoNAed edbeforemethis ``~~~'d~'fARY ! U LEG-ARIZ014A g # .; ,d.*~~°t,.,. Month Y~r ;~ Comr~ Exp. Feb. 6, 201 My Commission expires on: ~57~'~ ( ) (Signature of NOTARY PUBLIC) ---- THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. 1 Charles Quiroz declare that 1 am the APPLICANT filing this application as (~ listed in Q dead the application and the corrteMs and aN statemerrts are true, correct and complete. ..__ : ~~ _~ County of ~GGt.eCt x --- oir strument was aadcrw~wledged befiore me this (signature) W~ ~-+- [ ~ R. ' ~~iOR O lp h~f) ~'AR't I't_16L Month Year ti.. Pty COt~~TY My commission expires rm: ~ __ x in advance of the event. may may LOCAL GOVERNING BODY APPROVAL SECTION 20. I, (Government Official) ('True) on behalf of (City, Town or Courriy) (Signature ~ OFFICIAL) hereby recommend this speaal event application (~~) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) Regular Council Meeting -January 19, 2010 -Page 36 of 72 State of Arizona DeRartment of Uquor Licenses and Control 804 W. Washington,,5th Boor Phoenix, AZ 85007 tnrww.azliquargav .:(602)542 5.141 APPLtCATI©N FOR'SPECIAL EVENT~LICENSE Fee ~ $25.00 per day for .1-10 day events only:' A service fee of $25.00 wiN be chergerf for all t'rshonored checks (A:R.3.§ 44-6852) iyOTE: THIS DOCUMENT MUST SE FULLY COMPLETED OR IT WILL BE RETURNED. PLEA$E ALLOW 10' BUSINESS DAYS'FOR APPROVAL **Application must be approved by lo~eal government before submission to DLLC Us$ oNLY D@partment Of LiQUOr L.iC@nses Sind Control. (Section #2ll) LICENSE # 1. Name of Organization: ~ n,tza,a +~rt c~ t-~. 2. Non-Profit/I.R.S. Tax F~cempt Number. ea=33as7 3. The organization is a: (check one box anty) p Charitable ^ Fraternal (must have regular membership and in e~astence for over 5 years) p Civic ^ Politic:al Party, Ballot Measure, or Campaign Committee p Religious 4. What is the purpose of this event? Fund-raiser for handicap rating equipment. 5. Location of the event: 6901 N. Casa Grande Hwy. Tucson Pima 657as Address of physical location (Not P.O. Box) City Cour-ty 2~ Aaalicant must be a member,4f the aualifvina omanization and authorized by an Officer Director ~ Chairosrson of the Ornanization named in ou@stion #1. (Signature reauired in section #18i 6. Applicant: Q°'"DZ Cnanes Norman last First Middle 7. Applicant's Mailing Address: 11800 s. Harrison Rd rucson Street City 8. Phone Numbers: (g20 ~e77-6230 (520 ) sas-s~-rs Site Ovmer # Applicarrt's Business # 9. Date(S) & HaurS of EVent: (Remember. you cannot seN alcohol before 10:00 a.m. on Sunday) Date Day of Week Day 1: 2/5/10 Friday Day 2: 2/6/10 Saturday Day 3: 2/7/10 Sunday Day 4: 218110 Monday Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Date of Birth AZ 85747 State Zip ( 5~ ) ~ Applicants Home # Hours from AM./P.M. To A.M./P.M. 5:00 pm 11:00 pm 10:00 am 11:00 pm 10:00 am 10:00 pm 5:00 pm 11:00 pm u~ oto6 osnoo9 *Disabled individuals requiring special accommodations, please call (602) 542-9027 Regular Council Meeting -January 19, 2010 -Page 37 of 72 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? YES [] NO (attach exolanation ifyesl 11. This organization has been issued a special event license fore days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? Q YES 0 NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Southern Arizona Kart Club Inc. 2596 Address ~ 1800 S. Harrison Rd Tucson, AZ 85747 Name Pinnacle Concessions LLC 75% Address Moon Dr. Tucson, AZ 85743 (Attach additional sheet if necessary} 14. Knowledge of Arizona State Lptaor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please c~rttact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state latuor laws at this event? (List type and number of security/police personnel and type of Penang or control barriers if applicable) # Police p Fenang 2 # Sectarity personnel ~ Barriers 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the speaal event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) ame usiness ~-) Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your speaal event licensed premises_ Please show dimensions, serving areas, fenang, barricades or other control measures and security positions. Regular Council Meeting -January 19, 2010 -Page 38 of 72 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I Charles Quiroz declare that I am an iroerson appointing the applicar~ e:~'` Q apply on behalftaf the foregoing organization for a Special Evert Liquor License. ` ~s ~ ~. X i~i1 ~ // /p (s2o ~ ~as~a ~. nature,,.-°`°;.....a_~, _.._.~~, (Trtle/P~Aion) ( ) O (Phone #) s~~ CJFI=#C.~~. ~!?~ ~. ~ County of /iLLGL~ _`, `~ EVELYN~I¢~.fd~~ mentwas Bled before me this '` ru ~ NOTARY PUBd,iC•ARiZONA a~ v e:; . PIMA CC~1.# y Year My Commission expires on: zuy . Fet'• ~, ~~t~ , ~~~~ , t~c.,e ~, THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION ~ 19. l Charles Quin~z declare that I am the APPLICANT filing this application as (Print full Warne) listed in (~,uesGor' yam, ..i-have the application and the contents and all statements are true, correct and complete. p~"°"` County of was acknowledged before me this ~h~~ l~~`~ , ~ ,~,.,~5. re) Nar.~lar Pu ..° k a?o D PI~~AR CO~.fr~ST~' Year My commission expires on: You must obtain local stovemment approval. City or Countv MUST recommend event and complete item #Z0. The local s~overninst bodv may require additional applications to be completed and submitted 60 davs in advance of the event Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, (Government OtTicaq on behalf of (City, Town or County) (Title) hereby n:corrurlertd this special event application (Signature of OFFICIAL) (Date) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Employee) (Date) Regular Council Meeting -January 19, 2010 -Page 39 of 72 State of Arizona .Department of Liquor- Licenses and Control 8~ W. Washington, 5th -Floor 'Phoenix, AZ 85007 ` , www:azliquorgov .(602)542-5141 APPLICATION FOR'SPECIAL EVENT LICENSE Fee = $25:00 per-day for 9-10 day events'only A service fee of $25.00 will be charged. for all dishohored checks (A:R.S.§ 44-6852) NOTE: THlS DOCUMENT MUST BE FULLY COMPLETED OR IT 1MLL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS: FOR APPROVAL •*Application must be approved by local government before submission to DLLC vss oriLY Departmerrt of Liquor Licenses and Control. (Section #20) Llcsxss # 1. Name of Organization: sova~em ari¢ona Kart Gub ~ 2. Non-Profit/l.R.S. Tax Exempt Number: ~- 3. The organization is a: (check one box only) Q Charitable ^ Fraternal (must have regular membership and in existence for over 5 years) ^ Civic ^ Political Party, Ballot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this event? Furl-raiser for handicap rating equipment. 5. Location of the event: ssol N. case Grande tiwy. rucson Pima 85743 Address of physical location (Not P.O. Box) City County Zip Apulicant must be a member of the gusliiving organization and authorized by an Officer Director or Chairaerson of the Organization named in Queistion #1. (Signature required in section #181 6. Applicant: Uuiroz Chaves Norman ~ Last First Middle Date of Birth 7. Applicant's Mailing Address: 11t300 s. Harrison Rd ration Az 65747 street city scare zip 8. Phone Numbers: (5zo ~ 677.6230 (5zo ~ 245-5276 (520 ~ ~ Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & HOUrs Of EVent: {Remember. you cannot seN a~ohol before 10:00 a.m. ~ Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: 2/12110 Friday 5:00 pm 11:00 pm Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: ~;~ ocos osizao9 'Disabled individuals requiring special accommodations, please call (602) 542-9027 Regular Council Meeting -January 19, 2010 -Page 40 of 72 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ^ YES ~ NO (attach explanation if ves) 11. This organization has been issued a special event license for 10 days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ~ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Southern Arizona Kart Club Inc. 25% Petcenta~ Address 11800 S. Harrison Rd Tucson, AZ 85747 Name Pinnacle Concessions LLC 75% Percentage Address oon Dr. Tucson, AZ 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the taw or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police p Fencing 2 # Security personnel p Barriers 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) Name of Business ~-) Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security posifbns. Regular Council Meeting -January 19, 2010 -Page 41 of 72 - - T_ HIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I ~~ Quiroz ~ that I am an iruerson appointing the (Print fuU;r3ame) applicant listeffaifluesti ~o appy onb~~l~the foregoing organ¢ation for a Special Ent Liquor License. ~,- ,, ,•• X ~' _ - ~ ~i°'~~M"'Z President // /C (szo ~ saias~s ( a (Til~R~iff+~t~EAa.. ~ ( ) ^~ County of ~~of~i€ig was owledged t>efor+e me this _ My Camm. E Year My Commission expires on: Pp ~ ~P~ , ~p /'Q ____. THIS SECTION TO BE COMPLETED ONLY BY-THE APPLICANT NAMED IN QUESTION ~ ~ 9 ~~ Charles Duiroz deGarE that I am the APPLICANT filing this application as listed~,ir .@t{es"tiArrS. I have ication and the e~nterrts and ~I statements are true, c~rrec~ and complete. ,,.-- ,,.- I _, ~ SEA y ,. ~~ ~ ~~~~~ i~:~ Courrtyof -~''^ ,r,,,,__.., was before me th~ (S' ) RQTARY FUBi.iC•Ai21Z0 ~f * " ~ Year My Camm. Ex~, deb. 6, 200 My commission expires on: - o __ _1Date) • tSianatu of NOTARY PUBLIC) You must obtain local s~overnment approval Citv or Couniv MUST recommend event and complete item in advance of the everrt. Additional licensing fees may may LOCAL GOVERNING BODY APPROVAL SECTION 20. I, (Government Ofrciaq hereby recommend this speaal event application (T~} on behaff of (City, Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Empbyee) (Date} Regular Council Meeting -January 19, 2010 -Page 42 of 72 MIKE JACOBS o 250 500 guI~C,9~n~ I~ge~=Jg_nu~ry 19, 2010 -Page 43 of 72 P V R~~C7 PA R K Feet Y:Wrgec6L5paiepadcliPPrLerdrenceJertn.rmtd ®PCNRPR 11/V W jlp ~~~ 4! r~ «.x n..<~.M. REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 5, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council M~mb~r Patti Comerford, Council T~lembcr Carol McGorray, Council 1`lember Jon Post, Council ~~i e m ber Roxanne Ziegler. Council N1 ~ m ber REGULAR COUNCIL MLh,"DING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:0-1 p.m. All Council (\lembers were present. PLEDGE OF ALLEGIANCE/INVOCATIO N i M O M I:N f O t~ S 1LENCE Led by Mayor Honea. APPROVAL OF At_,1-: N C): ~ Motion to approve mo-•ed hi~ ('or~~icil Member Alc(rorray, second by Council Member Comerford Motion carrrc~rl ruraninrously. CALL TU "hHB YUBI,IC David Alorales informed Council that he would be taking athree-month class at Pima Community College and ~ ould be unai~ailable to attend Council Meetings during that time. Steve Blomquist stoke regarding his concerns about previous council actions regarding a public easement in the T~~rtulita Mountain Park area. He expressed that he had no issues with the Marana Police llcpartmcirt. He asked to show a video clip that was placed on KGUN 9 beginning January 3, ? U 1 U. Council refused the request as inappropriate to Call to the Public. Mr. Blomquist indicated that he would be in the lobby after his comments and would be happy to show his video clip to anyone wishing to view it. PRESENTATIONS ANNOUNCEMENTS/UPDATE S PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea indicated that the Council met with four legislators prior to the Council Meeting regarding th}}e condition of the state budget. He noted that the state was in serious trouble and Regu~ b'C~ue'r~'ceil~~~tifigitJa ~~~l~~v~}~u~~~e~ffg~all cities and towns, including Marana. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Gilbert Davidson wished everyone Happy New Year. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried unanimously by way. of a roll call vote. C 1: Ordinance No. 2010.01: Relating to Code Compliance; amending Title 1 of the Marana Town Code to define "code compliance officer' ;establishing the authority of code compliance officers; adding Chapter 1-9 entitled "Code Compliance"; and providin~~ an effective date C 2: Ordinance No. 2010.02: Relating to Municipal Court; ame nd i n ~~ Down Code Chapter 5-7 entitled "Civil Town Code Violations"; modifying procedures tar ~onm~cr~e-ement of action for civil violations of the Town Code; modifying procedu rc s fur service of cis i l code complaints; modifying provisions regarding civil sanctions for c iv i l code violations; mak i n ~~ certain other clarifications regarding judges who may hear appeals and order abatement in ci~~il cone violation cases; and providing an effective date Resolution No. 2010-01: Relating to Municipal Court; declarin~~ the amendments to the Marana Town Code Chapter 5-7 entitled "Civi17-o«~u Code Violations", modifying procedures for commencement of action for civil violations o f th e town code. m od i 1 y i ng procedures for service of civil code complaints, modifying provisions Ir~~ardin~~ ci~~il s<nctions for civil code violations, and making certain other clarifications rc~ardin`,~ jud~cs who may hear appeals and order abatement in civil c od e v i of ation as a pub I i c record fi I ~ d with the Town Clerk C 3: Resolution No. 2010-U2: Relating to Personnel: approving and adopting amendments to the Town's Personnel P~licics anal Phocedures: rep icing Chapter 4 -Employment Benefits; and declaring an emergency C 4: Resolution Nu. 2010-0 ~: Rclatin~~ to Parks and Recreation; naming the new district park located near Silverbell a.nd Cortaro Rows C 5: Resolution No. 2010-0~1: Relating to Health and Sanitation; authorizing the Mayor to sign a Memorandum o l' Understan d i ng concerning cooperation and coordination in Invasive Species Management in Southeast ,lrizona, with various agencies and entities C 6: Resolution No. ~' O 1 U-O5: Relating to Utilities; authorizing the Town Manager or the Town Manager's designee to take all actions on behalf of the Town that are necessary or prudent to facilitate the provision of public utilities to the airport sewer lift station and septic system and to buildings and sites located on the grounds of the Marana Regional Airport, including without limitation the execution of an electrical right-of--way easement across the Marana Regional Airport to provide electrical service to the airport sewer lift station C 7: Resolution No. 2010-06: Relating to Bingo Licenses; recommendation to the State Department of Revenue regarding a Class A bingo license application submitted by Aileen Fundingsland on behalf of Heritage Highlands, located at 4949 W. Heritage Club Boulevard Regular Council Meeting -January 19, 2010 -Page 45 of 72 C 8: Minutes of the December 15, 2009 regular council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2010.03: Relating to Utilities; amending the Town of Marana comprehensive fee schedule by adopting a groundwater resource/acquisition fee and revising the water base fees and consumption rates effective February 5, 2010, and by revising the groundwater resource/acquisition fee and further revising the water base fees and consumption rates effective February 5, 2011 Presented by Dorothy O'Brien and Dan Jackson from economists.com. Ms. O'Brien noted that tonight's presentation would be to review the rate study prepared by I~Rr. Jackson's firm. Mr. Jackson introduced the water rate study prepared for Council's approval to get the funds it needs to fund the water utility to get the revenues it need to fund all of its operations and meet all of its debt service requirement currently and in the future. "honi~~ht's presentation is for 2010 and beyond, noting water and sewer rate increases that v~~ill Gc ueccssar~ . IJe explained some of the reasons water rates are going up, noting that water is run like a businc~s, subject to inflation, insurance cost increases, chemical cost increases and cyuipment replacement costs. Recovery of these costs is generally passed on to the rate ]~a~'ers. I le then noted that in Marana there are a couple of very important factors that need to be taken into consideration such as a tnancial long-term plan. The two factors driving the cost changes in 1\fara.na over the last several years is that several water systems have been integrated into one u n i i i ed system. There have been geographic challenges for doing this. These s~~stems have berm thrust together over a large area which requires a lot of costs. You have to inte`~ratc new accounts intoyour system and build infrastructure to service the new accounts; that runs into a s i ~~ n i i i c ant amount of cost. Another important factor fi>r ~~larana and the state ofArizona is the cost of acquiring water resources. In many areas of the country, water is abundant. In Arizona water is not as plentiful. Rate payers have t~ understand and appreciate that the challenge of acquiring new resources must be addressed in Arizona. It is ~~~oing to make water more expensive in the next 10 to 15 years. It is the primar~~ factor dri~~in~, the nce~i t~~r- water rate adjustments in 2010. He then presented the current rate structure. includin~~ a conservation rate for low usage payers. Commercial and multi-lamil~ rate payers pay more. The average user in Marana uses between 7500 and I (1,000 gallons oi~ eater per month. Atypical family of four in a single family residence uses about 10,000 ~zaLlons. They pay $36.02 per month for that amount. It's a little higher than thr municipal a~ erage, but comparing Marana to similar sized utilities with an average betv~cca~ ~1M and $~]~1 revenue per year which is where Marana is, Marana is lower. Marana is also lower than the state average. He used a comparison city with similar characteristics to Marana -Oro Valley -Marana is $12 below what Oro Valley is charging. A long-term financial plan requires some crystal-ball gazing. Predictions based on the best information at the time need to be periodically reviewed. Mr. Jackson summarized his comments and recommendation through a PowerPoint presentation, and noted that his forecasts are very conservative. For the next year or two things are going to stay pretty low and a rate plan has to take that into consideration. Most expenses are going up three to five percent a year and this needs to be factored into a future rate plan. One of the key assumptions in this plan is that the Town issues about $4.SM in water-related debt to fund the CMID acquisition and the Twin Peaks/Camino de Marana. This is a very important factor to consider because the rate plan has to be able to fund the debt service that is issues to make the acquisitions. For the Regularz;du~csi~t~° ~ng I~anua~t~s2~~y~r9 r~oo~suming the acquisition of any Tucson Water accounts in the near future. If that does occur, then the rate plan should be revisited immediately. He showed a slide of where the town has been, where it is and where it is going, noting the new accounts that have been added, especially in 2005-06. In 2007-08 and 09 it was drastically reduced. This year there will be less than 200 new rooftops. This shows that what has happened in the past is not always a good indicator for the future. The total cost of service is expected to increase. It's about $3M this year. That will gradually increase over the next 10 years to about $S.SM. This is broken down between operating expenses and debt service. As the $4.SM in debt is issued the total cost of service jumps up, so designing a rate plan now will minimize the impact of the debt that will occur on your rate payers. Much of the debt for the rate plan presented and much of the increase is due to the acquisition of groundwater resources, so he is recommending that the town establish a"separate groundwater resource acquisition and development fee - a separate lire item on monthly bills, and it will enable the town to recover all of its water acquisition cots. There are a lot of benefits to a rate structure like this. It tells the rate payers°on their bills ho«- much is costs to acquire water. It's really nothing more than apass-throu~~lr. Doing this ~~ ill cirable the town not to change its other water rates in 2010, but 2011 t~ i I I require an increase. Finally, they (economists.com) are recommending nut c11an~~ing the minimum charge. They are recommending eliminating the 1,000 credit in 2010. The. ,rrarhri is generally leaning toward the elimination of gallonage credits in minimum charges because it encourages conservation. He showed rate plans and the impact on the avcr~rge rate payer. L.ffective February 2010, establish a groundwater acquisition resource and acyuisitio,r fee of $.30 per I .Ut)0 gallons which will enable not changing the minimum charge o t~ ~ I ?. l ~. "l~he 1,00u ercd it would be eliminated. Effective February 2011, increase this ground~~ater resow~ce lee to $.40 per 1,000 gallons and still not change the minimum charge, but a mudcst rate adjustment for volume charge across the board of about $.1(1-. l ~ in each rate tier. The multi-family and non-residential rate would go up by $.17 per 1.000 ~~al I~~n~. 1~his impact means the monthly bill would increase by $4.58 per month. In 2011, the bill ~~ ould ~~o up about $ I.79. He then showed other usage level average charges. The ~ ast nurjority of rate ha~~ers ~~ ould see their bill go up by $4-$5 per month in 201 U. In ZU 1 l - ~ 1 to $? her month antler this rate plan. This is a good benchmark number ~~hcn evaluating this rate. plan. Commercial rates would go up a little bit more because they tend to use a little nu~re ~~atcr. Mr. Jackson then summarized the presentation. Mayor Honea called for comments from the dais and the publ ic. Council Member Post asked what would be done with the money accumulated from the $.~o and $.40. Ms. O'Brien responded that this would be set aside specifically for the ~~ atcr resuurces purchased on an annual basis -the fees paid the Central Arizona Project, Ground Water Replenishment and the Department of Water Resources that we use now and annual acquisition purposes. Council Member Post asked is this about $150/foot. Ms. O'Brien responded that that was close and that 1550 acre feet were ordered this year. In February/March we'll do our annual withdrawal report and pay the Department of Water Resources and CAGRD fees which comes out of what this fund would be established for. Council Member Post asked if this included possible withdrawal fees going up. Ms. O'Brien said it anticipated a very minor increase. It doesn't anticipate if the Department of Water Resources needs to do anything large. Mayor Honea noted that David Morales had requested to speak on this item. Mr. Morales Regular•~o~~~~~e~n°yu~anub~~~s~~ ~p9e ~~ro~~ation that all users will be charged $.30 per 1,000 gallons pumped. This was acknowledged. His concern is about retired people not having a cost of living increase for the next two years. Investors in the stockmarket have huge losses. A barrel of oil is over $80. Gas keeps going up. Many people have lost their jobs or hours have been cut back. He asked Council that these factors be taken into consideration when any rates or fees are raised. Council Member Comerford responded that she appreciated Mr. Morales' comments and absolutely understood his concerns. She noted that the cost of product needs to be paid from some source, and that drives increases to at least cover the cost for what it is -not to make money. The sources are limited. Mayor Honea noted that the Public Hearing has concluded. Council Member Ziegler echoed Council Member Comerford's comments and thanked Mr. Jackson and Barbara Johnson and Dorothy O'Brien for making this information so available to Council in the last couple of months. Motion to approve moved by Council Member Ziegler, second by Cururcil Member Comerford. Motion carried 6-0 with one abstention by Vice- Alnt•or hai.. A 2: Resolution No. 2010-07: Relating to Intergovernmental Relations; authorizing the Mayor to execute an intergovernmental agreement with North~~rst 1 ire District and Marana Unified School District No. 6 for development review and inshcction_ facility use and general cooperation Presented by Josh Wright. This item ties up a lot of loose cnd~ ~~ ith Northwest Fire and Marana Unified School District on a number of major issues. It is intended to make the entire process clearer and define some of the relationships and help the to«n pass savings to the common constituents of all three agencies. A cooperati~-e ~~~~reement such as this benefits the entire community by each agency not charging; ~~ separate set of lees. This clarifies the relationship of who is responsible for what, what has to be paid and to whom, and to make sure that all agencies are cc~llahorati~c. Mayor Honea commented that this is something that separates Marana from a lot of regions in the area or the state. Very seldom do ~~ou see municipalities, school districts, fire districts, health centers and fi~od banks ~~~orkin<~. so closcl~~ together to try to eliminate redundancies in services. to save mot~ev, and to try to pro~-ide quality services to the same people. Council Member Post complimented Mr. ~~'ri~ht on this issue. Council Member McGorray noted that this has hee,7 Qoing on for a Humber of tzars, and it's all the same taxpayer's money. Motion to appronn moved b~~ Council Member McGorray, second by Council Member Clanagan. Motio~r curried ~rrrrcnimously. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature No report. EXECUTIVE SESSIONS Motion to go into executive session on item E4 moved by Council Member Clanagan, second by Council Member Post. Motion carried unanimously. Regular Council Meeting -January 19, 2010 -Page 48 of 72 Council left the dais at 7:43 p.m. Council returned to the dais at 7:52 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).(-1) arld (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 concern i n ~ (1) the ln~wsu i t 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 re~ntract negotiations relating to the transition of Marana w~stcwater collection and treatment to the Town of Marana E 4: Executive Session pursuant to A.R.S. § 38-431.03 (r~)1-1) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project. CIP nun~hcr 2Q01-44, from the property generally identified as Pima County Assessor's p~rrcel a~umher 226-03-1030 and to instruct the Town's attorneys in settlement negotiations and eonden~nation pru~eedings relating to the same property rights Cedric Hay requested COUneil approval as discussed in executive session for acquisition for the Twin peaks interchange project of parcel nun~her 226-08-1030 for the amount of $330,000. Motion to rtpprrn~e rrmr~cd ht' Caur,ci/ ;tlcin/r~r Post, second by Council MemberMeGorray. Motion carried unurrirrruu.clt•. FUTUI~ C ~'1GENDA ITEM S ADJOURN 1\ 1 I -:NT Motion to adjour~r moved bt~ Council Member Post, second by Council Member McGorray. Motion carries'rrnarrimuu.clt~. The meeting was adjourned at 7:53 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 5, 2010. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -January 19, 2010 -Page 49 of 72 ~, ~~ ~~~~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 19, 2010, 7:00:00 PM To: Mayor and Council Item A 1 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Community Building Subject: Ordinance No. 2010.04: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory know as the Oshrin Park Lots 3-9 annexation being an area containing approximately 7.3 acres of land located within the Oshrin Park Subdivision, specifically lots 3-9 and the adjacent rights-of--way of Spanish Bayonet Drive generally located south of Cortaro Farms Road and east of Cerius Stravenue Discussion: This annexation of approximately 7.3 acres is located within Pima County, generally located south of Cortaro Farms Road and east of Cerius Stravenue within a portion of Sections 25 and 26, Township 12 South, Range 12 East, of the Gila and Salt River Base and Meridian, Pima County, Arizona. This annexation is specifically lots 3-9 of the Oshrin Park subdivision, as recorded in Book 25 Page 67 and the adjacent right-of-way of Spanish Bayonet Drive. All notification requirements have been properly complied with for this annexation as set forth in A.R.S. § 9-471. The blank annexation petition was recorded with the Pima County Recorder's Office on October 13, 2009. The Town Council conducted a public hearing for this annexation on November 3, 2009. The Town has received signed petitions representing over 50% of the property owners and over 50% of the real and personal property value. The property is currently zoned by Pima County as SH (Suburban Homestead), which is a residential zone with a minimum lot size of 36,000 square feet. In order to establish Town of Marana zoning that equates to existing Pima County zoning without allowing densities greater than those permitted under the current zoning, the annexation area zoning will translate to Town of Marana R-36 (Single-family Residentia136,000 square feet minimum lot size). The majority of these lots are used only for residential, however there are some lots that are used for commercial purposes either as a sole use or as an accessory home occupation type use. All properties that are conducting businesses beyond the scope of a home occupation as allowed by the Town's Land Development Code, will be required to process a rezoning as well as all required development, improvement and architectural plans needed for the business. In the event the rezoning is not applied for or approved by the Town Council the properties must come into conformance with the development regulations of the R-36 zoning designation. Regular Council Meeting -January 19, 2010 -Page 50 of 72 Arizona Revised Statutes require the Council to approve a plan, policy or procedure that will provide the annexed territory with appropriate levels of infrastructure and services to serve the new development within ten years of the annexation becoming final. Currently the properties have access to all needed utilities to serve their uses. This area is currently being served Marana Municipal water. Any new commercial businesses will be required to connect to the adjacent sewer system. ATTACHMENTS: Name: O Ordinance Oshrin Park Lots 3-9.DOC O Exhibits A B.pdf O Staff created location map.pdf Description: Ordinance Legal Description/Map Exhibit A & B Location Map Type: Ordinance Backup Material Backup Material Backup Material Backup Material ^ Petitions 3-9..(sig.ned).pdf Signed Annexation Petitions ^ 207 Waivers. 3.-9... (signed~.pdf Signed 207 Waivers Staff Recommendation: Staff recommends adoption of Ordinance No. 2010.04, approving the approximately 7.3 acre Oshrin Park Lots 3-9 annexation. Suggested Motion: I move to adopt Ordinance No. 2010.04, annexing into the corporate limits of the Town of Marana the approximately 7.3 acre Oshrin Park Lots 3-9 annexation. Regular Council Meeting -January 19, 2010 -Page 51 of 72 MARANA ORDINANCE NO. 2010.04 RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE TOWN OF MARANA THAT TERRITORY KNOWN AS THE OSHRIN PARK LOTS 3-9 ANNEXATION BEING AN AREA CONTAINING APPROXIMATELY 7.3 ACRES OF LAND GENERALLY LOCATED SOUTH OF CORTARO FARMS ROAD AND EAST OF CERIUS STRAVENUE INCLUDING THE ADJACENTRIGHT-OF-WAY SPANISH BAYONET DRNE WHEREAS, petitions, in writing, accompanied by a map or plot of said real property sought to be annexed have been filed and presented to the Mayor and Council of the Town of Marana, Arizona, signed by the owners of more than fifty percent of the value of the real and personal property and more than fifty percent of the persons owning real and personal property that would be subject to taxation by the Town of Marana as shown by the last assessment of said property, said property being contiguous to the Town of Marana, and not now embraced within its limits, asking that the property be annexed into the Town of Marana, and to extend and increase the corporate limits of the Town of Marana so as to embrace same; and WHEREAS, the Mayor and Council of the Town of Marana, Arizona, desire to approve the annexation petitions and extend and increase the corporate limits of the Town of Marana to include said territory, which is approximately 7.3 acres generally located south of Cortaro Farms Road and east of Cerius Stravenue, described and illustrated in Exhibits "A" and "B", attached to and incorporated in this Ordinance by this reference; and WHEREAS, the Oshrin Park Lots 3-9 annexation is an area within Sections 25 and 26, Township 12 South, Range 12 East, of the Gila and Salt River Base and Meridian, Pima County, Arizona; and WHEREAS, the petitions set forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the Town of Marana and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after the petition was signed by any owner of real and personal property in such territory; and WHEREAS, the zoning classifications on the property prior to annexation were "Pima County Zone SH" (Suburban Homestead); and WHEREAS, in order to establish original Town of Marana zoning without permitting densities or uses that are greater than those permitted in Pima County, the properties will translate to the R-36 zone (Single Family Residential) in the Town of Marana's Land Development Code; and Regular Council Meeting -January 19, 2010 -Page 52 of 72 Marana Ordinance 2010.04 {00017600.DOC /} --Page 1 of 2-- WHEREAS, the provisions of A.R.S. § 9-471, and amendments thereto, have been fully observed; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the Town Clerk of the Town of Marana, together with a true and correct copy of the original petition referred to herein, which is on file in the office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona that: 1. The territory known as the Oshrin Park Lots 3-9 annexation, described and illustrated in Exhibits "A" and "B", is annexed into the Town of Marana and that the present corporate limits are extended and increased to include the described area. 2. A copy of this Ordinance, Exhibits "A" and "B" describing and illustrating the territory hereby annexed to the Town of Marana, certified by the Mayor of the Town, shall be forthwith filed and recorded in the office of the County Recorder of Pima County, Arizona. 3. The zoning classifications of"Pima CountyZone SH" (Suburban Homestead) within the annexed area is hereby changed to "Town of Marana Zone R-36" (Single Family Residential). PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19~` day of January, 2010. Mayor Ed Honea ATTEST APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -January 19, 2010 -Page 53 of 72 Marana Ordinance 2010.04 {00017600.DOC /} --Page 2 of 2-- EXHIBIT A .~- DUNCAN & ASSOCIATES Hubert A Duncan, PE, RLS Legal Description ENGINEERS CONSULTAM' SURVEYORS All that certain parcels described as Lots 3 thru 9 of OSHRIN PARK, lots 1 through 30, a subdivision as recorded in Book 25, Page 67 in Pima County, Arizona records, and more particularly described as follows by metes and bounds; Lots 3-9 and a portion of Spanish Bayonet Drive right of way to the extent of Lot 8 Beginning at the interior quarter corner of Section 26, Township 12 South, Range 12 East, Gila and Salt River Base Meridian, Pima County, Arizona, being a found aluminum cap stamped " PE 7076 1/4 "also being on the centerline of Cortaro Farms Road, thence N 89° 18' 12" E, along the said centerline a distance of 1796.13 feet to a point; Thence S 0°41'48" E, a distance of 75.00 feet to the Southerly Right of Way of Cortaro Farms Road, and also being the Northwest Corner of Lot 3; Thence N 89° 18' 12" E, along said Southerly right of way, a distance of 822.61 feet to a point on a line parallel to the said centerline of Cortaro Farms Road at it's intersection with the East Section Line of said Section 26; Thence N 89°39'28" E, along the Southerly right of way of said Cortaro Farms Road and also parallel to the mid section line of Section 25, a distance of 677.55 feet to the Northeast Corner of Lot 9; Thence S 38°44'11" E, a distance of 198.21 feet to a point; Thence S 89° 18' 12" W, a distance of 368.12 feet to the Southwest Corner of Lot 9, being on the east right of way of Spanish Bayonet Drive; Thence S 0°41'48" E, along said east right of way, a distance of 58.94 feet to a point; Thence S 89° 18' 12" W, a distance of 50.00 feet to a point on the west right of way of said Spanish Bayonet Drive, being the Southeast Corner of Lot 8; Regular Council Meeting -January 19, 2010 -Page 54 of 72 7852 N. Roundstone Drive Tucson, Nrizona 85741 520 744-1379 page 2 Thence S 89°45'00" W, a distance of 202.65 feet to the corner common to Lots 8 and 7; Thence S 89° 18' 12" W, a distance of 1001.25 feet to the Southwest Corner of said Lot 3; Thence N 0°41'48" W, along the West Line of Lot 3 to said Northwest Corner of Lot 3. y ~'xpiras 9,30-Zot/ Regular Council Meeting -January 19, 2010 -Page 55 of 72 W M~/~1~ W .T. X W Regular w Z ~ n rn z °' w ~ w ~~ ~Q ~o Oa wm ~O ~ }} jn m J O a°,n ° ~O U~WU ~~Ina w 0 ~ rn N 0ti~ ~ ' ~ ~~ S .~9 ~ M w r ~ M ,Bb,IbAO N o~R ~ - ,105LZ ~-' ~ N ~~ d0 ° °{ e ° ° z ,ri m o ~ ~n< N - o. 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A Request to annex lots 3-9 of the Oshrin Park subdivision into the Town of Marana. Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, coa}rarect or complete adnvd conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these d K~ou~aYL'ounGl Nl~e°{finny Manua ire,~~ ir~r,~t_ ~ce I~io~~~l or consequential damages, including but not limited to time, money or goodwill, arising from the ANNEXATION PETITION OSHRIN PARK LOTS 3-9 ANNEXATION TO THE HONORABLE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA: We, the undersigned, being the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property, as shown by the last assessment of said properly by the County Assessor or by the Arizona Department of Revenue, which would be subject to taxation by the Town of Marana in the event of annexation within the territory proposed to be annexed, which is described in the legal description attached to and incorporated in this Petition as Exhibit A, said territory being contiguous to the corporate limits of the Town of Marana, with the exterior boundaries of the territory proposed to be annexed shown on the map attached to and incorporated in this Petition as Exhibit B, request the Town of Marana to annex the described territory as provided in A.R.S. § 9-471. PROPERTY OWNER: ~~~~~ ~~ ~-to~ ~~~~ ~• `,_n.~J-s'~'~t PROPERTY ADDRESS: PROPERTY DESCRIPTION: ~ -j Q ~" 0~7~~Rr~ ~G~t' (or parcel number or ~~ ~ - ZZ ! - I $ _ O_ ZS6_ legal description) AZ STATE TAX CODE #: c~~/- f~f ~- ~~~~fi'C~' ~ / AUTHORIZED SIGNATURES(S) ~' ~~~ ~ -~--° .a ~°~ -, -~ Date: /~~~~~ ~, - Date: `l ~ ~+~`~ Date: Date: (NOTE: Each signature must be dated.) Regular Courffii~~~~~r~~Jsnuary 19, 2010 -Page 58 of 72 ANNEXATION PETITION OSHRIN PARK LOTS 3-9 ANNEXATION TO THE HONORABLE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA: We, the undersigned, being the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property, as shown by the last assessment of said property by the County Assessor or by the Arizona Department of Revenue, which would be subject to taxation by the Town of Marana in the event of annexation within the territory proposed to be annexed, which is described in the legal description attached to and incorporated in this Petition as Exhibit A, said territory being contiguous to the corporate limits of the Town of Marana, with the exterior boundaries of the territory proposed to be annexed shown on the map attached to and incorporated in this Petition as Exhibit B, request the Town of Marana to annex the described territory as provided in A.R.S. § 9-471. PROPERTY OWNER: ~ ~- PROPERTY ADDRESS: PROPERTY DESCRIPTION: (or parcel number or legal description) AZ STATE TAX CODE #: S"Y~ I r~ . //`mar ~~o ~~~.~..s ~2c...f/. ~7- G~ a~- ~5~,n'~ ~cu`-~ A-~?-J - ZZt - ~ 8 -oZ9o ,/ ~` ~~ AUTHORIZED SIGNATURES(S) ~' ~~ ~~ Date: /~~-~ °t' Date: ~~~,I ` Date: Date: (NOTE: Each signature must be dated.) Regular CoUrx~ib~~~~r~~J~uary 19, 2010 -Page 59 of 72 ANNEXATION PETITION OSHRIN PARK LOTS 3-9 ANNEXATION TO THE HONORABLE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA: We, the undersigned, being the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property, as shown by the last assessment of said property by the County Assessor or by the Arizona Department of Revenue, which would be subject to taxation by the Town of Marana in the event of annexation within the territory proposed to be annexed, which is described in the legal description attached to and incorporated in this Petition as Exhibit A, said territory being contiguous to the corporate limits of the Town of Marana, with the exterior boundaries of the territory proposed to be annexed shown on the map attached to and incorporated in this Petition as Exhibit B, request the Town of Marana to annex the described territory as provided in A.R.S. § 9-471. PROPERTY OWNER: PROPERTY ADDRESS: PROPERTY DESCRIPTION: (or parcel number or legal description) AZ STATE TAX CODE #: ~ ~ a-f d ~t~ h fi ~t< - ZZ f -- l - 030© AUTHORIZED SIGNATURES(S) t~.~,c l~ ~~ Date: l~-~>Zc~~ z.~-~~...-~ '' ~~.-.-~~~---- Date: s';~ -.:;t - .:~~~c: `~ Date: Date: (NOTE: Each signature must be dated.) Regular Co~~~~e~~~r~~J~uary 19, 2010 -Page 60 of 72 ANNEXATION PETITION OSHRIN PARK LOTS 3-9 ANNEXATION TO THE HONORABLE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA: We, the undersigned, being the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property, as shown by the last assessment of said property by the County Assessor or by the Arizona Department of Revenue, which would be subject to taxation by the Town of Marana in the event of annexation within the territory proposed to be annexed, which is described in the legal description attached to and incorporated in this Petition as Exhibit A, said territory being contiguous to the corporate limits of the Town of Marana, with the exterior boundaries of the territory proposed to be annexed shown on the map attached to and incorporated in this Petition as Exhibit B, request the Town of Marana to annex the described territory as provided in A.R.S. § 9-471. PROPERTY OWNER: ~'~-P,yW1, ~~Q.Ou/1 PROPERTY ADDRESS: ~y~~ w . ~-'~O ~W'rrS Tai _~tcs~v~ ~ ~-Z 857y1 PROPERTY DESCRIPTION: ~Li~'~ ~ai'(~C.. (_a~' (~ (or parcel number or ZZl- I'8-43-0 legal description) AZ STATE TAX CODE #: r ~%° .: ,,•,. AUTHORIZED SIGNATURES(S) ~. ~ -. ~.;, - --~ Date: ~`~~' =~ ' n~ '~ c Date: (NOTE: Each signature must be dated.) Regular Council Meeting -January 19, 2010 -Page 61 of 72 {00003790.DOC /} ANNEXATION PETITION OSHRIN PARK LOTS 3-9 ANNEXATION TO THE HONORABLE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA: We, the iuidersigned, being the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property, as shown by the last assessment of said property by the County Assessor or by the Arizona Department of Revenue, which would be subject to taxation by the Town of Marana in the event of annexation within the territory proposed to be annexed, which is described in the legal description attached to and incorporated in this Petition as Exhibit A, said territory being contiguous to the corporate limits of the Town of Marana, with the exterior boundaries of the territory proposed to be annexed shown on the map attached to and incorporated in this Petition as Exhibit B, request the Town of Marana to annex the described territory as provided in A.R.S. § 9-471. PROPERTY O WNER: ._~ --_. l ~ -~---- G" ~ ~ PROPERTY ADDRESS: .S: ~ ?,~ ~/~/ ~'~n ~'~Gt 1'~' ~~ r ~ P~v LL.~~~~'1'` PROPERTY DESCRIPTION: ~GT .~ 6-F (~5k t~'r~ ~a(`K (or parcel number or }J - ZZ t - 1$ - ~3 ZQ legal description) AZ STATE TAX CODE #: ~ ~~ ~ ~~ ~~r~ ~-~ AUTHORIZED SIGNATURES(S} ~ Date: /v~ / C1 ~. Date: L-2 °C~ Date: Date: (NOTE: Each signature must be dated.) Regular C~~r~A~~ ~anuary 19, 2010 -Page 62 of 72 ANNEXATION PETITION OSHRIN PARK LOTS 3-9 ANNEXATION TO THE HONORABLE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA: We, the undersigned, being the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property, as shown by the last assessment of said property by the County Assessor or by the Arizona Department of Revenue, which would be subject to taxation by the Town of Marana in the event of annexation within the territory proposed to be annexed, which is described in the legal description attached to and incorporated in this Petition as Exhibit A, said territory being contiguous to the corporate limits of the Town of Marana, with the exterior boundaries of the territory proposed to be annexed shown on the map attached to and incorporated in this Petition as Exhibit B, request the Town of Marana to annex the described territory as provided in A.R.S. § 9-471. PROPERTY OWNER: ~©~,J C. ~~yw~~~ DEB~~~,H ~: ~tawt'LG PROPERTY ADDRESS: PROPERTY DESCRIPTION: (or parcel number or legal description) AZ STATE TAX CODE #: /~' 3SS W L'oR?'4Qo ~~2wtS ~D . 'TtCSn.~J , ~~ SlS7¢Z. LoT 8 Dom' D~f~~Q~ic1(<<t-2K f~,®irJ - zZ.l X18-- o33a ZZ1- ! g- D33a AUTHORIZED SIGNATURES(S) ,~ ~ ' ~"`- Date: /y z/~o9 Date: a7 Date: Date: (NOTE: Each signature must be dated.) Regular Council Meeting -January 19, 2010 -Page 63 of 72 ANNEXATION PETITION OSHRIN PARK LOTS 3-9 ANNEXATION TO THE HONORABLE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA: We, the undersigned, being the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property, as shown by the last assessment of said property by the County Assessor or by the Arizona Department of Revenue, which would be subject to taxation by the Town of Marana in the event of annexation within the territory proposed to be annexed, which is described in the legal description attached to and incorporated in this Petition as Exhibit A, said territory being contiguous to the corporate limits of the Town of Marana, with the exterior boundaries of the territory proposed to be annexed shown on the map attached to and incorporated in this Petition as Exhibit B, request the Town of Marana to annex the described territory as provided in A.R.S. § 9-471. PROPERTY OWNER: ~~y G'i~~ ~~1~~ ~a~~~ PROPERTY ADDRESS: ~~38C~ 2~ `al-~~r~~ ~ coo,, 1~ ~. ~'sa;~ ~}' ~ mss` 7 `i'/ PROPERTY DESCRIPTION: ~ ~ a-f- ~t.n`~n ~A~K (or parcel number or /~15 - 2.2 I - I $ - ®~ ~lQ legal description) AZ STATE TAX CODE #: ,~~I ~ $ ~,~ ~ `~G1 G (p~I AUTHORIZED SIGNATURES(S) ~~ ' ~~ Q ~, Date: ,~ ~ -is =cam ~ Date: Date: Date: (NOTE: Each signature must be dated.) Regular Coi.Ux~ib~e~~~r~~~nuary 19, 2010 -Page 64 of 72 CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO.2010._ STEPHEN A. THOMPSON AND CINDY D. THOMPSON, husband and wife, on their own behalf and as trustees of the THOMPSON STEPHEN AND CINDY LIVING TRUST, the owners of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010._ (the "Annexation Ordinance") and incorporated by this reference in this instrument, own that portion described as Lot 3 of Oshrin Park, Pima County Assessor's parcel number 221- 18-0280. The Property is the subject of Town of Marana annexation case ANX-0908-001, filed on behalf of the owners. The owners hereby agree and consent to all of the conditions imposed by the Annexation Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of said Ordinance. The owners also consent to the recording ofthis-document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this ~ day of December, 2009. BY: / .~ ~y~.•° Stephen A. Thompson, as tru tee and in his own right ~ ~ ~ ~~ ~~ BY: c Cindy D. T pson, as trustee din her own right ~~~ N 4ary PubUc State of Arizona STATE OF ARIZONA ) Pima County SS. Patti J Cutler County of Pima ) My CommissionE>Zpi<es 08! 1 2 1 The foregoing instrument was acknowledged before me on December ~, 2009 by Stephen A. Thompson and Cindy D. Thompson, husband and wife, and as trustees of the THOMPSON STEPHEN AND CINDY LIVING TRUST. ~'~ .~1 My commission expires: ~,[ ~-~~ ~'~~~~~.~C;~•~. Notary Public Regular Council Meeting -January 19, 2010 - Pa a 65 f 72 - I 11/23/2009 2:34 PM BDV ~Ishnn~ark, Lots 3-9 Annexation -Prop 207 Waiver CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2010. PAUL D. CUTLER and PATTI CUTLER, husband and wife, the owners of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010._ (the "Annexation Ordinance") and incorporated by this reference in this instrument, own that portion described as Lot 4 of Oshrin Park, Pima County Assessor's parcel number 221-18-0290. The Property is the subject of Town of Marana annexation case ANX-0908-001, filed on behalf of the owners. The owners hereby agree and consent to all of the conditions imposed by the Annexation Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of said Ordinance. The owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. this ~ day of December, 2009. BY: ( au D. Cutler ,-~ BY: Patti Cut er STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on Decembers Sr , 2009 by Paul D. Cutler and Patti Cutler, husband and wife. `~ _ My commission expires: r~ w~~ v 0 ~/` `"---- __ __ _ \~ l ~ 6~ O 1 a Notary Public -~ p~~$CtINiCK p Q ~1~~1~~ ARIZONA NOTAR~i~~~NN y ed-Y G° ~m 0 201re~ Regular Council Meeting -January 1 pa ,~~ _>~- - I 11/23/2009 2:34 PM BDV ' ~s~iTnY~r~ Lots 3-9 Annexation -Prop 207 Waiver CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2010. FREDERICK V. GLANDON AND SHARON GLANDON, husband and wife, the owners of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010._ (the "Annexation Ordinance") and incorporated by this reference in this instrument, own that portion described as Lot 5 of Oshrin Park, Pima County Assessor's parcel number 221- 18-0300. The Property is the subject of Town of Marana annexation case ANX-0908-001, filed on behalf of the owners. The owners hereby agree and consent to all of the conditions imposed by the Annexation Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of said Ordinance. The owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this`' day of December, 2009. / 7 Frederick V. Glandon E ./ ~ ~ % . Sharon Glandon Nc 81ate of Arizona Pima County STATE OF ARIZONA ) Paiti J Cutler SS. My Commission Expires County of Pima ) oar 1 1 The foregoing instrument was acknowledged before me on December ~';~2009 by Frederick V. Glandon and Sharon Glandon, husband and wife. My commission expires: :~~~//~o~~- Notary Public Regular Council Meeting -January 19, 2010 -Page 67 F 7~ - I 11/23/2009 2:34 PM BDV shun ar ,Lots 3-9 Annexation -Prop 207 Waiver CONSENT TO CONDITIONS OF ANNEI~ATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO.2010._ GLENN DEAN, a single man, the owner of a portion of the land referred to in this instrtument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010._ (the "Annexation Ordinance") and incorporated by this reference in this instrument, owns that portion described as Lot 6 of Oshrin Park, Pima County Assessor's parcel number 221-18-0310. The Property is the subject of Town of Marana annexation case ANX-0908-001, filed on behalf of the owners. The owner hereby agrees and consents to all of the conditions imposed by the Annexation Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of said Ordinance. The owner also consents to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this ~ BY: G% Glenn Dean STATE OF NEVADA ) SS. County of Clark ) tir~tNA Danz t'ubltc, S:ate of t+tevadc ~IiIDK1oIMiFlent No. 08-~4009-i My Appf. Expl~ May 27, 2011 The foregoing instrument was acknowledged before me on December ~, 2009 by Glenn Dean, a single man. My commission expires: ~`~ ~ ~' ~t`~~~'-~- G~lj Notary Public Regular Council Meeting -January 19, 2010 -Page 68 of 72 1 1123/2009 2:34 PM 8DV Oshrin Park Lots 3-9 Annexation -Prop 2071Naiver CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO.2010._ JOHN A. LEE AND LINDA E. LEE, husband and wife, the owners of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010._ (the "Annexation Ordinance") and incorporated by this reference in this instrument, own that portion described as Lot 7 of Oshrin Park, Pima County Assessor's parcel number 221-18-0320. The Property is the subject of Town of Marana annexation case ANX-0908-001, filed on behalf of the owners. The owners hereby agree and consent to all of the conditions imposed by the Annexation Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of said Ordinance. The owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this°Z-1 day of December, 2009. BY: A. Lee BY: °v~ a ~`• Linda E. Lee STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on December ~~ , 2009 by John A. Lee and Linda E. Lee, husband and wife. My co Ziss'o~ ~ pi~: ,.-..,...~..... I~T.otar. ~ J'..~ab~i~s--~~ ~''~~, ANDREA E. KlDD ~ ~ NOTARY PUB41C•ARlZONA ~ P19NA C®UNTY * o ~ My Comm. Fxp~Qct. 27, 2013 - 1 - I I/23/2009 2:34 PM BDV Regular Council Meeting -January 19, 2010 - Pt~i.~i9PQ~l~~ots 3-9 Annexation -Prop 207 Waiver CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO.2010._ JOHN E. CALDWELL AND DEBORAH J. CALDWELL, husband and wife, the owners of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010.. (the "Annexation Ordinance") and incorporated by this reference in this instrument, own that portion described as Lot 8 of Oshrin Park, Pima County Assessor's parcel number 221-18-0330. The Property is the subject of Town of Marana annexation case ANX-0908-001, filed on behalf of the owners. The owners hereby agree and consent to all of the conditions imposed by the Annexation Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of said Ordinance. The owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this day of December, 2009. > ~~ John E. Caldwell By: Deborah J. Caldw State of Arkansas) ) ss. County of Faulkner ) The foregoing instrument was acknowledged before me on December , 2009 by John E. Caldwell and Deborah J. Caldwell, husband and wife. My commission expires: ~O Notary Public SUSAN COLE. NOTARY pUOLIC-STATE ®F ARKANSAS FAULJCNER Ct5t1NTY My Commission Exp`ssr~s ~-U7.2014 Regular Council Meeting -January 19, 2010 -Page 70 of 72 CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO.2010._ CALVIN OVERHOLTZ, a single man, the owner of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010._ (the "Annexation Ordinance") and incorporated by this reference in this instrument, owns that portion described as Lot 9 of Oshrin Park, Pima County Assessor's parcel number 221-18-0340. The Property is the subject of Town of Marana annexation case ANX-0908-001, filed on behalf of the owners. The owner hereby agrees and consents to all of the conditions imposed by the Annexation Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of said Ordinance. The owner also consents to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this f.~ day of December, 2009. Calvin Overholtz Nnfary Public State of Arizona -~ima County STATE OF ARIZONA ) Ss Patti J Cutler County of Pima ) htY Cod mist on Expires The foregoing instrument was acknowledged before me on December j,~` 2009 by Calvin Overholtz, a single man. My commission expires: ®.~~~ilf,~_. i otary Public - I - 11/23/2009 2:34 PM BDV Regular Council Meeting - January t 9, 2010 - Pa~~~,¢f~~ Lots 3-9 Annexation -Prop 207 Waiver .~.~ '"~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 19, 2010, 7:00:00 PM To: Mayor and Council Item D 1 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -January 19, 2010 -Page 72 of 72