HomeMy WebLinkAbout04/19/2011 Council Agenda Packet MARANA
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, April 19, 2011, at or after 7:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
Russell Clanagan, Council Member
Patti Comerford, Council Member
Carol McGorray, Council Member
Jon Post, Council Member
Roxanne Ziegler, Council Member
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in
italics.
As a courtesy to others. please turn off or put in silent mode all page and cell phones.
Me 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
Regular Council Meeting - April 19, 2011 - Page 1 of 84
printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such
special services are available upon prior request to the Town Clerk at least 10 working days prior to
the Council meeting.
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, April 18, 2011, 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.
Individuals addressing a meeting at the call to the public will not be provided with electronic
technology capabilities beyond the existing voice amplification and recording capabilities in the
facilities and the town's overhead projector /document reader. 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.
PROCLAMATIONS
Ride of Silence Proclamation
National Public Safety Telecommunications Week Proclamation
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
P l: Volunteers In Police Service (VIPS) presentation to the town (Lori Sheppard)
P 2: Relating to Parks and Recreation; Arizona Parks and Recreation Association
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Leisure Branch Partnership Award (Tom Ellis)
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: Resol No. 2011 -43: Relating to Real Estate; approving and authorizing
the Mayor to execute Agriculture Lease No. 01- 106983 with the Arizona State Land
Department for the continued development of the Marana Heritage River Park.
(Tom Ellis)
C2: Resolution No. 201 -44: Relating to Utilities; approving and authorizing the
Mayor to execute a one -year extension of the intergovernmental agreement between
the Town of Marana and Pima County for provision of water consumption data and
sewer user account billing services (Dorothy O'Brien)
C 3: Minutes of the April 5, 2011 study session and the April 5, 2011
regular council meeting
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: Ordinance No. 2011.11: Relating to Development; amending Ordinance No.
2002.18 as to the allowable disturbance percentage for 5275 W. Desert Falcon Lane
(APN: 216- 25 -012B) (Lisa Shafer)
A 2: Relating to the Police Department; appointing three members of the Marana
Town Council to the Contract Review Committee (CRC) pursuant to Section 5 -9 of
the Memorandum of Understanding between the Town of Marana and the Marana
Police Officers' Association and appointing one of those three Council
member appointees as the chair of the CRC (Suzanne Machain)
A 3: Resolution No. 2011 -45: Relating to Personnel; approving an amendment to
the Fiscal Year 2010 -2011 classified salary schedule; adding the position title
of Graphics Designer and establishing a salary grade for the position (Suzanne
Machain)
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D 1: Le is lative /Intergovernmental Report: regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies (Gilbert
Davidson)
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
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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 (1) the
lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana
(consolidated), Maricopa County Superior Court No. CV2008- 001131, (2) pending
legal issues, settlement discussions and contract negotiations relating to the transition
of Marana wastewater collection and treatment to the Town of Marana
E 3: Executive Session pursuant to A.R.S. § 38- 431.03(A)(4), discussion or
consultation with the Town's attorneys to consider its position and instruct its
attorneys regarding a settlement offer made by Plaintiff in the case of Dale Lind, dba
Valley Collection Service v. Town of Marana, C20102425
E 4: Executive Session pursuant to A.R.S. § 38- 431.03(A)(4) and (7) to consider the
town's position and instruct its representatives regarding negotiations for the
purchase of property rights needed for the Camino de Mariana & Dove Mountain
Extension project, CIP number 2001 -052, from the property owned by Tortolita
Ironwood Investments LLC and generally identified as Pima County Assessor's
parcel numbers 216- 25 -013C and 216- 25 -013D
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
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RIDE OF SILENCE DAY 2011
PROCLAMATION
WHEREAS the Ride of Silence organization was founded in 2003 to honor those people
who have been injured or killed while cycling on public roadways; to raise awareness that
cyclists have the legal right to share the road; and to ask that we all share the road with respect
for the law and for each other; and
WHEREAS the Ride of Silence is an annual international bicycling event that will begin this
year in North America on May 18, 2011 at 7:00 p.m. and roll across the globe; and
WHEREAS a local Ride of Silence event has been organized by the Greater Arizona Bicycle
Association (GABA) and supported by the Tucson - Pima County Bicycle .Advisory
Committee of which the Town of Marana is a member, and
WHEREAS it is most appropriate that to recognize the Ride of Silence organization and
bring attention to the 2011 scheduled event in the City of Tucson.
NOW, THEREFORE, the Mayor and Council of the Town of Marana do proclaim and
recognize the day of
MAY 18, 2011
AS
RIDE OF SILENCE DAY
and support this day by recognizing and honoring those cyclists who have been injured or
killed on public streets. Further, the Council encourages the citizens of Manna to educate
themselves regarding the laws and rules pertaining to the operation of bicycles and motor
vehicles.
Dated this 19` day of April, 2011.
��e � t/it x
Mayor Ed Honea
ATTEST:
elyn C. ronson, Town Clerk
Regular Council Meeting - April 19, 2011 - Page 5 of 84
2011 NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK
PROCLAMATION
WHEREAS emergencies can occur at any time which require the prompt response of
police officers and related public safety services critical to the protection of life and the
preservation of property; and
WHEREAS the safety of Marana police officers is dependant upon the quality and
accuracy of information obtained from citizens who telephone the Marana Police
Department communications center; and
WHEREAS Marana's Public Safety Telecommunicators are the first and most critical
contact our citizens have with emergency services; and
WHEREAS by monitoring activities by radio, Marana's Public Safety Telecommunicators
are a vital link for the safe response of our police officers to emergencies and contribute
substantially to the apprehension of criminals, preservations of life, and safety of our
residents and businesses; and
WHEREAS in the past year, each of Marana's Public Safety Telecommunicators have
exhibited compassion, understanding and professionalism during the performance of
their job.
NOW, THEREFORE, be it resolved that the Town Council of Marana do proclaim and
recognize the week of
APRIL 10 THROUGH 16, 2011
AS
NATIONAL PUBLIC- SAFETY TELECOMMUNICATIONS WEEK
and ask that all citizens and business owners honor the diligence and professionalism of
the men and women who dispatch through the Marana Police Department
communications center.
Signed this 19 day of April, 2011.
I
1 01—t 41—
Mayor Ed Honea
ATTEST:
ocelyn C. `Bronson, Town Clerk
RNA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, April 19, 2011, 7:00:00 PM
To: Mayor and Council Item P 2
From: Tom Ellis , Parks and Recreation Director
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Parks and Recreation; Arizona Parks and Recreation Association Leisure
Branch Partnership Award
Discussion:
On March 31, the Town of Marana Parks and Recreation Department was presented the Arizona
Parks and Recreation Association 2010 Partnership Award for its Marana Youth Enrichment
Classes program. The program evolved to fill the space left by the traditional after school
recreation program after it ended in 2010. Private instructors provide a variety of art and fitness
activities after school at Twin Peaks Elementary.
Transportation to Twin Peaks Elementary from Rattlesnake Elementary is provided by Marana
Unified School Transportation Department. Program fees ($200.00 per month) cover the cost of
the private instructors. The Marana Youth Enrichment Classes program was developed and
implemented by Darice Larriva Johnson. Darice received the award. Partners include the
Marana Unified School District, Arizona Rose Theatre Company, KidzArt, and My Gym. Staff
will present the award and Ms Johnson at a future Council Meeting.
ATTACHMENTS:
Name: Description: Type:
O parks award.pdf APRA Award Certificate Backup Material
Staff Recommendation:
Suggested Motion:
Regular Council Meeting - April 19, 2011 - Page 7 of 84
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MARANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, April 19, 2011, 7:00:00 PM
......... ........................... ........... ... . ..... . .... ................... ........................ ............ 111.1111 .. . ......................... . ........ ................................ . . ___ ........... . ................ .......... .
To: Mayor and Council Item C 1
From: Tom Ellis , Parks and Recreation Director
Strategic Plan Focus Area:
Recreation
Strategic Plan Focus Area - Additional Information:
Action strategies listed under the Focus Area Recreation Capitol of Arizona include promoting
healthy outdoor lifestyles that are enhanced by historic culture and to continue to develop the
Marana Heritage River Park as a town amenity. The Marana Parks, Recreation, Trails, and Open
Space Master Plan challenges the department to help conserve some farm land so that Marana's
agriculture heritage can be preserved.
Subject: Resolution No. 2011-43: Relating to Real Estate; approving and authorizing the
Mayor to execute Agriculture Lease No. 01-106983 with the Arizona State Land
Department for the continued development of the Marana Heritage River Park.
Discussion:
Arizona State Land Department Agriculture Lease Number 01-106983 was assigned to the Town
of Marana on September 2, 2003. The lease encompasses 75 acres of land on the Santa Cruz
River south of Moore Road and west of Gladden Farms. On September 16, 2003, the Marana
Town Council approved Resolution No. 2003-109 and agreed to purchase the real improvements
associated with the lease for $180,000. Those improvements included a residential dwelling,
horse barn, horse corrals, hay barn, perimeter fencing, irrigation well and storage tank, concrete
ditches, and laser leveled hay fields. The lease was scheduled to expire February 14, 2011.
Town staff requested a one-year extension of the lease.
The property and improvements of the Lease are part of the 200 acre Marana Heritage River
Park and include the Heritage House, Brad DeSpain Stables, and Marana Heritage Farm operated
in partnership with the Community Food Bank.
In February 2009, the Town of Marana submitted a purchase application for 25 acres of the
leased property located on the east bank of the Santa Cruz River where the Marana Heritage
Farm and improvements are located. The purchase application process is in progress, and
Arizona State Land staff expect to schedule the public auction in the fall of 2011. Funds for the
purchase are programmed from Marana Park Impact Fees and are included in the 2012 CIP
schedule.
Continuation of Arizona State Land Agriculture Lease Number 01-106983 keeps the Town as
Regular Council Meeting - April 19, 2011 - Page 9 of 84
lessee of the property and improvements through the purchase process.
Financial Impact:
Agriculture lease 01- 106983 costs approximately $400 per year including irrigation water.
ATTACHMENTS:
Name: Description: Type:
E] Reso Agriculture_Lease for Heritage_Park_
(00025988). DOC Resolution Resolution
O Ag_lease MHRP.pdf Arizona State Land Agricultural Lease Exhibit
O Sale flyer.pdf ASLD sales flyer for Heritage Farm Backup Material
Staff Recommendation:
Staff recommends continuation of Arizona State Land Department Agricultural Lease Number
01- 106983.
Suggested Motion:
I move to adopt Resolution No. 2011 -43, approving and authorizing the Mayor to
execute Agriculture Lease No. 01- 106983 with the Arizona State Land Department for the
continued development of the Marana Heritage River Park.
Regular Council Meeting - April 19, 2011 - Page 10 of 84
MARANA RESOLUTION NO. 2011 -43
RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AGRICULTURE LEASE NO. 01- 106983 WITH THE ARIZONA STATE LAND
DEPARTMENT FOR THE CONTINUED DEVELOPMENT OF THE MARANA HERITAGE
RIVER PARK
WHEREAS on September 2, 2003, the State Land Commissioner assigned Agriculture
Lease No. 01- 106983 to the Town of Marana; and
WHEREAS the Town has used the property and improvements included within the lease
as part of the 200 acre Marana Heritage River Park; and
WHEREAS the Town of Marana submitted a purchase application to the Arizona State
Land Department for a portion of the leased property and Arizona State Land staff expects to
schedule a public auction in the fall of 2011; and
WHEREAS the assigned lease expired on February 14, 2011; and
WHEREAS the Mayor and Council of the Town of Marana find that the best interests of
the public are served by entering into an additional one -year term for Agriculture Lease
No. 01- 106983 for the continued development of the Marana Heritage River Park.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town of Marana hereby approves and authorizes the Mayor to execute
Agriculture Lease No. 01- 106983 with the Arizona State Land Department, attached to and
incorporated by this reference in this resolution as Exhibit A.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the lease.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 19 day of April, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Regular u netyP °� of sa Frank Cassidy, Town Attorney
{00025988.DOC !}
STATE LAND DEPARTMENT
STATE OF ARIZONA
AGRICULTURAL LEASE
Lease No. 01- 106983
THIS AGRICULTURAL LEASE ("Lease") is entered into by and between
the State of Arizona ("Lessor "), by and through the Arizona State Land Department
( "Department ") and
TOWN OF MARANA
( "Lessee "). In consideration of the payment of rent and of performance by the parties of
each of the provisions set forth herein, the parties agree as follows:
ARTICLE 1
SUBJECT LAND
1.1 Afreement Lessor hereby leases to Lessee, and Lessee hereby leases from
Lessor, for the term, at the rent, and in accordance with the provisions of this Lease that
State Land described in Appendix A attached hereto ( "the Subject Land ").
1.2 Subject Land "as is" Lessee takes the Subject Land "as is" and Lessor
makes no express or implied warranties as to the physical condition of the Subject Land.
ARTICLE 2
TERM
2.1 Commencement: Expiration The term of this Lease commences on
February 15, 2011 ( "Commencement Date "), and expires on February 14, 2012 ,
( "Expiration Date ") or as provided herein, unless sooner canceled or terminated as
provided herein or as provided by law.
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ARTICLE 3
RENT
3.1 Annual Rent Lessee shall pay rent to Lessor as established on an annual
basis, without notice or demand on or before the commencement date of this Lease, and
each year thereafter, annually in advance, on or before the anniversary of the
commencement date, for the use and occupancy of the Subject Land during the term of this
Lease without offset or deduction provided hereafter.
3.2 Upward Adiustment of Rental Unless otherwise established, the rent for
this Lease is assessed on various acreage use categories. If the use of the acreage originally
reported in these categories changes during the crop year, Lessee shall immediately notify
the Lessor and if the use category corresponds to higher rental, Lessee shall pay the higher
rental. Failure to report the change in use to the Lessor may result in additional penalties
or subject the Lease to cancellation. Failure to return the Annual Agricultural
Questionnaire to the Lessor may result in a rental rate billed at the farmable rate for the
farm area for the maximum farmable acres of this Lease.
3.3 Penalty; Interest; Lien There shall be added to the delinquent rental or
other monies due, a penalty and delinquent interest. The delinquent interest rate shall be
set by the State Treasurer according to law. The penalty shall be the greater of a minimum
processing cost as determined by the Commissioner or five (5 %) percent. The delinquent
rent, penalty and interest shall be a lien on the improvements, crops and property on the
land.
3.4 Rental Extension Re uest. Prior to the time a rent payment is due, upon j
Lessee's written request, Lessor at its discretion may extend the time for payment for an
additional period not to exceed 90 days. No more than three such extensions may be
granted annually. There shall be added to the delinquent rental or other monies due, a
penalty and delinquent interest per paragraph 3.3.
9
3.5 Automatic Termination Pursuant to A.R.S. § 37 -288 (D), if the annual rent
is at any time one calendar year in arrears, this Lease shall automatically terminate,
without right of appeal by Lessee or any leasehold mortgagee, or other lienholder. Lessor
shall proceed to cancel this Lease on the records of the Department.
ARTICLE 4
USE OF SUBJECT LAND
41 Use. The Subject Land shall be used for the growing of agricultural crops
and for uses in conjunction with the growing of agricultural crops on the Subject Land.
Lessee shall only plant annual crops, unless crops with a multi-year timeframe, including
but not limited to trees or alfalfa, are approved in writing by the Lessor. Any use of the
Subject Land other than for the growing of agricultural crops and for uses in conjunction
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with the growing of agricultural crops on the Subject Land is expressly prohibited unless
otherwise authorized by the Lessor in writing. Residential uses are not permitted under
this Lease, and must be applied for separately. The Subject Land shall not be used for
grazing of animals unless approved in writing by the Lessor under conditions acceptable to
the Lessor. When Lessee is notified in writing by the Lessor that the Department is
considering another use for a portion or all of the Subject Land, and the Lessor directs that
the Lessee not expand their operation or plant additional crops on the identified Subject
Land without a crop plan approved by the Lessor in writing, Lessee shall not expand or
plant until such approval is obtained.
4.2 Agreement to Farm Lessee agrees to farm a minimum of .40% of the
usableffarmable Subject Land at least seven years out of every ten, or the equivalent of
70% of the lease term. Waivers to this requirement may be granted at the discretion of the
Lessor following written request by the Lessee.
4.3 Organic Farming Any Lessee engaged in organic farming on part or all of
the Subject Land must receive prior approval from the Lessor prior to discontinuing any
organic farming operations,
4.4 Waste . Lessee shall not conduct or permit to be conducted any public or
private nuisance on the Subject Land, nor commit or permit to be committed any waste
thereon. Lessee shall report to Lessor and appropriate law enforcement authorities any
known or suspected trespass or waste committed on the Subject Land. Any action causing
damage or abuse to the Subject Land or the water right of Lessor, may subject this Lease
to cancellation.
4,5 Conformity to Law Lessee shall not use or permit the Subject Land to be
used in any manner that is not in conformity with all applicable Federal, State, County and
municipal laws, rules and regulations, unless Lessor determines and advises Lessee in
writing otherwise.
4.6 Governmental Approval Except as provided in Article 4.4 (Conformity to
Law), failure to obtain, or loss of any governmental approval that is prerequisite to the use
for which this Lease is issued or that is necessary to construct, maintain or operate any
facilities on the site in connection with that use, shall constitute a breach of this Lease,
subject to the provisions of Article 15 (Lessee Defaults and Lessor's Remedies).
4.7 Reservations Lessor excepts and reserves from the Subject Land all oil,
gases, geothermal resources, coal, ores, limestone, minerals, fossils, and fertilizers of every
name and description that may be found in or upon the Subject Land, and Lessor reserves
the right to enter upon the Subject Land for the purpose of prospecting therefor, or
extracting any or all of the commodities therefrom, and Lessor reserves any legal claim
existing or which may be established under the mineral laws of the United States or the
State. Lessor reserves the right to issue to other persons, rights to use the Subject Land in
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a manner not inconsistent with the purposes for which this Lease was issued. Lessor
reserves the right to grant rights of way and sites over, across, under or upon the Subject
Land for public highways, railroads, utility lines, pipelines, irrigation works, flood control,,
drainage works, logging and any other purpose or use on or over the Subject Land. Lessor
reserves the right to grant other leases or permits for the use of the Subject Land or the
removal of natural products therefrom. Lessor further excepts and reserves the right to
relinquish to the United States lands needed for irrigation works in connection with a
government reclamation project, and to grant or dispose of rights -of -way and sites for
canals, reservoirs, dams, power or irrigation plants or works, railroads, tramways,
transmission lines or any other purpose or use on or over the Subject Land.
4.8 Disposition of Land. Lessor reserves the right to sell all or portions of the
Subject Land. If the Subject Land is sold in its entirety, this lease and any sublease(s) if
applicable is automatically terminated upon sale. If the Subject Land is not sold in its
entirety, this lease shall be amended to remove the portion of the Subject Land that has
been sold.
4.9 Inspection Lessor, its duly authorized agents, employees and representatives
shall have the right to enter upon and inspect the Subject Land and all Improvements
thereon at reasonable time, and in a reasonable manner.
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4.10 Surrender In the event this Lease is not renewed, Lessee shall surrender
peaceably the possession of the Subject Land upon expiration of the term of this Lease. !
1
ARTICLE 5 i
RECORDS i
3 3
3
l
5.1 Record Keepina; Inspection Lessee shall make and keep for the term of the
Lease and either (i) five (5) years thereafter; or (ii) until the conclusion of any dispute
concerning this Lease, whichever is later, appropriate books and records concerning the j
operation of this Lease, including but not limited to Federal and State tax statements,
receipts, pesticide applications, and other records. Lessor, its duly authorized agents,
employees and representatives shall have the right at all times during the term of this Lease
and for either (i) five (5) years thereafter; or (ii) until the conclusion of any dispute,
whichever is later, to make reasonable examination of those books, records or other
material in order to obtain information which Lessor deems necessary to administer this
Lease. Further, Lessor, its duly authorized agents, employees and representatives shall
have the right at all times during the term of any sublease or any extension thereof, and for
either (1) five (5) years thereafter, or (ii) until the conclusion of any dispute, whichever is
later, to make reasonable examination of any sublessee's books, records or other material
which Lessor deems necessary in order to obtain information to administer Article 3 (Rent)
of this Lease. The Lessee and any Sublessee(s) shall cooperate fully in any such inspection
or audit.
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5.2 Failure to Keen Appropriate Records Failure to maintain the appropriate
books and records as required by paragraph 5.1 shall establish a presumption in favor the
Lessor in any dispute or legal action pertaining to Article 3 (Rent) of the is Lease.
ARTICLE b
TAXES; ADDITIONAL AMOUNTS
6.1 Payment to Third Parties Lessee shall pay all assessments and charges for
utilities and communication services, and assessments imposed pursuant to any
construction on the Subject Land, all permit and authorization fees, all taxes, duties,
charges and assessments of every kind or nature imposed by any public, governmental or
political subdivision authority pursuant to any currently or subsequently enacted law,
ordinance, regulation or order, including irrigation district assessments or other water
charges, which during the term of this Lease become due or are imposed upon, charged
against, measured by or become a lien on (a) the Subject Land, (b) any improvements or
personal property of the Lessee located on the Subject Land, (c) the interest of the Lessee
to this Lease or in the proceeds received by Lessee from any assignment or sublease of the
Subject Land, or (d) the rent paid pursuant to this Lease.
6.2 Lessee's Oblip-ations Lessee shall be responsible for and shall hold Lessor
harmless from any liability for all charges for water, gas, electricity, and any other utility
service.
ARTICLE 7
IMPROVEMENTS
7.1 Definitions "Improvements" means anything permanent in character which
is the result of labor or capital expended by Lessee or his predecessors in interest on State
land in its reclamation or development, and which has enhanced the value of the Subject
Land. "Removable Improvements" means anything not permanent in character which is
the result of labor or capital expended by Lessee or his predecessors in interest on Subject
Land.
7.2 Prior Approval Required Lessee may construct Improvements or
Removable Improvements consist with the purpose of the Lease, including but not limited
to: buildings, irrigation ditches, fences, wells, pumps, clearing and leveling, on the Subject
Land only if: (a) Lessee has filed an "Application to Place Improvements" with Lessor,
attaching any necessary written approvals from regulatory authorities; and (b) Lessor has
granted written approval for the construction of such improvements.
7.3 Unauthorized Improvements Any improvements placed on the Subject
Land which have not been approved as required by Paragraph 7.2 shall be forfeited to and
become property of Lessor, and Lessee shall be liable to Lessor for all damage to the
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Subject Land caused by such unauthorized improvements and for any expenses incurred
by Lessor in restoring the Subject Land.
7.4 Personal Property Lessee shall have the right to remove all of its personal
property which can be removed without damaging the Subject Land within 60 days prior
to, or 90 days following the Expiration Date or the earlier termination of the Lease.
7,5 Improvement Conformance Improvements placed on the Subject Land
shall conform to all applicable Federal, State, County and Municipal laws and ordinances.
All improvements placed upon the Subject Land by Lessee in conformance with Paragraph
7.2 shall be the property of Lessee or any successor in interest ( "Owner ") and shall, unless
they become the property of Lessor, be subject to assessment for taxes in the name of the
Owner, as other property.
7.6 Reimbursement for Authorized Improvements The Owner shall be entitled
to reimbursement for Improvements authorized in accordance with Paragraph 7.2 by any
subsequent lessee or purchaser of the Subject Land upon expiration of this Lease, as
provided by A.R.S. §§ 37- 322.01(A) and 37- 322.02 or any successor statutes, subject to any
rights acquired by Lessor under Paragraph 3.3.
7.7 Annual Statement Upon request, but not more frequently than one a year,
Lessee shall file with Lessor a sworn statement setting forth the description of any
Improvements) placed on the Subject Land and the actual cash value of such
Improvement(s).
7.8 Ownership, Removal All Improvements placed upon the Subject Land by
Lessee, with prior approval by the Lessor, shall be the property of the Lessee subject to the
terms of this Lease, and shall, unless they become the property of the Lessor, be subject to
assessment for taxes in the name of the Lessee, the same as other property of the Lessee.
Not later than ninety (90) days following the expiration of this Lease, or, subject to A.R.S. § I
37- 289.11, sixty (60) days following the cancellation of this Lease, Lessee may remove those i
Improvements or Removable Improvements which belong to the Lessee, are free of any
Hens and can be removed without causing injury to the Subject Land. At its option, Lessor
may waive any of the above listed prerequisites to Lessee's removal of Improvements.
Lessee may, with Lessor's prior written approval and within the time allowed for removal,
sell its Improvements to the succeeding Lessee.
7,9 Lessee's Oblizations If the Subject Land or any building or other
Improvement located thereon are damaged or destroyed during the term of this Lease,
Lessee may arrange at its expense for the repair, restoration and reconstruction of the
same substantially to its former condition, upon application and approval of Lessor, but
such damage or destruction shall not terminate this Lease or relieve Lessee from its duties
and liabilities hereunder.
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ARTICLE 8
MECHANICS' LIENS
8.1 Payment; Indemnity Lessee shall be responsible for payment of all costs
and charges for any work done by or for it on the Subject Land or in connection with
Lessee's occupancy thereof, and Lessee shall keep the Subject Land free and clear of all
mechanics' liens and other liens and encumbrances resulting from work done for Lessee or
persons claiming under it; provided, however, that Lessee may in good faith, and with
reasonable diligence, contest or dispute any such lien claims in any appropriate forum so
long as this Lease or the Subject Land are not actually in danger of levy or sale. Lessee
expressly agrees to and shall indemnify and save Lessor harmless against liability, loss,
damages, costs, attorney's fees and all other expenses on account of claims of lien or other
encumbrances of laborers or material men or others for work performed or materials or
supplies furnished to Lessee or persons claiming under it. Further, any contracts between
Lessee or sublessees and any contractors and subcontractors shall expressly hold Lessor
harmless against any liability arising from such contracts, as described above.
8.2 Notice Should any such claims of lien or other encumbrances be filed
against the Subject Land or any action affecting the title to the Subject Land be
commenced, the party receiving notice of such lien or action shall immediately give the
other party written notice thereof.
ARTICLE 9
LESSEE SHALL PROTECT THE LAND, PRODUCTS AND IMPROVEMENTS
9.1 Protection Against Waste, Damage or Trespass Lessee is hereby authorized
to use means which are reasonable and which do not result in a breach of the peace or in
creating a concealed hazard, to protect the Subject Land and improvements against waste,
damage and trespass. In the event of known trespass on the Subject Land resulting in
damage thereto, Lessee shall make reasonable efforts to notify Lessor and appropriate law
enforcement authorities. If requested by the Lessor, the Lessee shall construct a
temporary fence of the perimeter of the Subject Land, at Lessee's expense.
9.2 Maintenance of Land and Improvements Lessee shall maintain the Subject
Land and any improvements in a safe and wholesome condition, free from trash,
abandoned vehicles, non - functional farm equipment, and any personal property not
utilized for farming. Lessee shall not use or permit the Subject Land to be used in any
manner that is not in conformity with all applicable Federal, State, County or Municipal
laws, statutes, ordinances, rules and regulations, unless, upon application of Lessee, Lessor
determines and advises Lessee in writing that such conformity is not in the best interest of
the Trust.
93 Cotton Plow -down Compliance Lessee shall comply with laws and rules
regarding the proper timing and method for destruction of cotton plants and residue, as
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administered by the Arizona Department of Agriculture. Failure to comply will subject
this Lease to cancellation. Any expense incurred or penalties assessed by the Lessor or the
Department of Agriculture to abate a nuisance will be borne by Lessee upon notice or
demand.
9A Compliance with Irrigation District/Irrigation Regulations Lessee shall
comply with State and Federal laws, rules and regulations regarding the payment of
Irrigation District assessments, annual filing of Reclamation forms, annual filing of
groundwater use reports and payment of groundwater withdrawal fees. Failure to comply
will subject this Lease to cancellation. Any expense incurred or penalties imposed for non-
compliance with these regulations, will be borne by Lessee upon notice or demand by the
Lessor.
9.5 Bonding If notified by the Lessor, Lessee shall post a surety bond or any
form of collateral deemed sufficient by the Lessor for performance or restoration purposes.
If deemed necessary by the Lessor for increased restoration costs, the Lessee shall provide
additional security as deemed sufficient by the Lessor.
ARTICLE 10
ASSIGNMENT, SUBLETTING AND ENCUMBRANCE
10.1 Prior Approval Required Lessee shall not assign this Lease or any interest
therein, nor shall Lessee sublease any portion or all of the Subject Land without obtaining
Lessor's prior written approval. In no event, may this Lease or any interest therein be
assigned or sublet unless Lessee is in full compliance with this Lease. Lessor may require a
minimum of 25% surcharge to the lease rental in consideration for approval of any
sublease. Lessee shall not enter into a contract of sale, mortgage, lien or other
encumbrance affecting this Lease unless a copy is filed with Lessor. Any attempt to assign,
sublease, convey, transfer or otherwise dispose of any estate or interest in this Lease, other
than pursuant to its terms, shall not be effective.
10.2 Consent Required An assignment of this Lease shall not be made without
the consent of all the parties. Lessee may assign all or a portion of the Subject Land as
allowed by the terms of this Article provided Lessee shall assign Lessee's entire interest in
that portion of the Subject Land.
10.3 Purpose There shall be no assignment or sublease made except to an
assignee or sublessee that will use the Subject Land for the purpose(s) described herein.
10.4 Lessee Primarily Responsible In the event of sublease of any of the Subject
Land, Lessee shall remain responsible to Lessor for the performance of the provisions of
this Lease.
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10.5 Entire Interest The assignment of Lessee's entire interest in a portion of
the Subject Land shall not relieve Lessee of its responsibility to Lessor for the performance
of the provisions of this Lease as it relates to that portion of the Subject Land not
transferred by the assignment.
10.6 Subleasing a Sublease is Prohibited The Lessor shall not approve a sublease
of a sublease for the Subject Land.
10.7 Early Termination In the event, this Lease is canceled or terminated prior
the expiration date any sublease(s) shall automatically terminate on the date the Lease is
terminated.
ARTICLE 11
LESSEE'S COOPERATION; INGRESS AND EGRESS
11,1 Lessee's Cooperation Lessee shall cooperate with Lessor in Lessor's
inspection, appraisal and management of the Subject Land and permit reasonable access
by Lessor's employees to isolated State Land across Lessee's private land during the term
of this Lease.
11.2 Lessee Non - Interference Lessee shall not interfere with the authorized
activities of Lessor's employees, agents, licenses or other lessees or permittees on the
Subject Land.
ARTICLE 12
BANKRUPTCY AND INSOLVENCY
121 Lessor's Rights If Q) all or substantially all of Lessee's assets are placed in
the hands of a receiver, and such receivership continues for a period of thirty (30) days; or
(ii) should Lessee make an assignment for the benefit of creditors; or (iii) should Lessee
institute any proceedings under any present or future provisions of the Bankruptcy Code
or under a similar law wherein Lessee seeks to be adjudicated as bankrupt, or to be
discharged of its debts, or to effect a plan of liquidation, composition or reorganization; or
(iv) should any involuntary proceedings be filed against Lessee under such bankruptcy
laws and not be dismissed or otherwise removed within ninety (90) days after its filing, then
this Lease shall not become an asset in any of such proceedings or assignment. In addition
to all other rights and remedies of Lessor provided hereunder or by law, Lessor shall have
the right to declare the term of this Lease at an end and to re -enter the Subject Land, take
possession and remove all persons, and Lessee shall have no further claim on the Subject
Land under this Lease.
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ARTICLE 13
CONDEMNATION/EMINENT DOMAIN
13.1 Expiration If at any time during the duration of this Lease, the whole or
any part of the Subject Land is taken by direct sale, lease, institutional taking under A.R.S.
§ 37-441 or acquisition in any manner through condemnation proceedings or otherwise, for
any quasi -public or public purpose by any person, private or public corporation, or any
governmental agency having authority to exercise the power of eminent domain or
condemnation pursuant to any law, general, special or otherwise, this Lease shall expire on
the date when the Subject Land is taken or acquired except as otherwise provided.
13.2 Partial Taking; Damages; Rent In the event of a partial taking, and if
Lessor determines that it is in the best interest of the Trust, the Lease may continue in full
force and effect for that portion of the Subject Land not taken. As against Lessor, Lessee
and any sublessee shall not have a compensable right or interest in the real property being
taken and shall have no compensable right or interest in severance damages which may
accrue to the remainder of the Subject Land not taken, nor shall Lessee or any sublessee
have any compensable right or interest in the remaining term of this Leasehold or any
renewal. Rent shall be apportioned as of the day of such taking. Lessor shall be entitled to
and shall receive any awards, including severance damage to remaining state lands, that
may be made for any taking concerning the Subject Land.
13.3 Lessee`s Rights to Award In the event of any taking, Lessee shall have the 3
right to receive any and all awards or payments made for any building or other
Improvements on the lands fully placed on the Subject Land and reimbursable to the
Lessee with Lessor's prior written approval. j
ARTICLE 14
WATER
14,1 Groundwater Usage; No Rights Conferred Lessee shall be entitled to the use
on the Subject Land of "groundwater ", as defined in A.R.S. § 45 -101 or any successor
statute, for any purpose consistent with this Lease. If Lessee should develop any
groundwater on Subject Land, Lessee shall not acquire any rights with respect to the
groundwater, except the right to use such water in accordance with applicable law, on the
Subject Land during the term of the Lease. Lessee agrees that any water right established
shall attach and be appurtenant to the Subject Land.
14.2 Transferring. Lessee is prohibited from transferring water from Subject
Land included in this Lease to private land or other acreage not included in this Lease.
Lessee is prohibited from using water derived from the Subject Land for purposes not l
consistent with this Lease, without the approval of the Lessor and/or purchase of the water. i
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14.3 Subject to Laws/Rules This Lease is subject to the laws regulating and
restricting the use of groundwater which may operate to prohibit the irrigation of portions
of the lands herein described, if those lands are situated within an "Active Management
Area" or "Irrigation Non - Expansion Area" as defined by the Arizona Department of
Water Resources.
14.4 Approval to Drill Prior to drilling a well on the Subject Land, Lessee shall
file an "Application to Place Improvements" with the Lessor in accordance with
Paragraph 7.2 herein, and shall comply with all requirements of the Arizona Department
of Water Resources.
14.5 Registration Requirement Existing wells shall be registered in conformance
with all requirements of the Arizona Department of Water Resources.
14.6 Surface Water Usage; No Rights Conferred "Public Waters," as defined by
A.R.S. § 45- 181(3) or any successor statute, may not be used on the Subject Land unless
they are previously duly appropriated and permitted; appropriation of public waters shall
be in the name of the State of Arizona, as trustee of the Trust of the Subject Land. This
Lease does not confer any right for the Lessee to pursue, obtain, apply for or receive or
otherwise contract for Colorado River water. Any rights or interests in contracts for the
delivery of water from an irrigation and drainage district, or with the United States shall
vest solely in the State of Arizona, as trustee of the Trust.
14.7 Well Metering Device Water pumped from non - exempt wells on State Land
within Active Management Areas or Irrigation Non - Expansion Areas must pursuant to
A.R.S. § 45 -604 or an successor statute be measured with a measuring device approved by
the Arizona Department of Water Resources.
14.$ Water Ouality Disclaimer The Lessor does not warrant the environmental
quality of any water made available under this Lease.
14.9 Water Conservation Lessee agrees to utilize water in the most efficient
manner possible.
ARTICLE 15
LESSEE DEFAULTS AND LESSOR'S REMEDIES
15.1 Conditions All of the provisions of this Lease are conditions. Breach of
any one of these conditions by Lessee or any sublessee shall be sufficient grounds for
cancellation of this Lease by Lessor, subject to the other provisions of this Article.
15.2 Cancellation I€ Lessee fails to keep any provision of this Lease, Lessor may
cancel this Lease and declare Lessee's interest forfeited, and if it appears that this Lease
was procured through fraud, deceit or willful misrepresentation, the Improvements shall
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be forfeited to the State. Lessor shall be forever wholly absolved from liability for damages
which might result to Lessee or any sublessee on account of this Lease having been
canceled or forfeited prior to the expiration of the fun term, subject to the other provisions
of this Article.
15.3 Breach In the event of a breach of this Lease which is not curable or
remains uncured after thirty (30) days notice by Lessor of failure to pay rent, taxes or
other assessments, and forty -five (45) days from the receipt of the notice to cure any other
curable default, to Lessee of the breach, Lessor may, in addition to all other remedies
which may be available to Lessor in law or in equity, (i) enter and repossess the Subject
Land or any part thereof, expelling and removing therefrom all persons and property
(either holding such property pursuant to Lessor's landlord's lien, or storing it at Lessee's
risk and expense, or otherwise disposing thereof), as to which Lessor shall not be liable to
Lessee or any sublessee for any claim for damage or loss which may thereby occur, and (ii)
either (a) terminate this Lease, holding Lessee liable for damages for its breach or (b) treat
the Lease as having been breached anticipatorily and the Subject Land abandoned by
Lessee without thereby altering Lessee's continuing obligations for the payment of rent and
the performance of those Lease provisions to be performed by Lessee during the Lease
term, '
aced Dama es . If Lessor terminates this Lease for Lessee's breach
15.4 L1�cu d g i
Lessee shall be liable to Lessor, as liquidated damages and not as a penalty, an amount, 1
which at the time of such termination, represents the amount equal to the rent due for the
two (2) subsequent lease years. The liquidated damages wilt compensate Lessor for the loss
of rent from the Subject Land due to the default and costs incurred to re -lease the Subject
Land.
15.5 Expenses Lessee shall pay to Lessor upon demand all costs, expenses and
fees, including attorneys' fees (or market value of attorney's fees) which Lessor may incur
in connection with the exercise of any remedies on account of or in connection with any
breach by Lessee, plus interest on all amounts due from Lessee to Lessor at the rate set by
the Arizona State Treasurer, according to law.
15.6 Remedies not Exclusive The remedies herein granted to Lessor shall not be
exclusive or mutually exclusive and Lessor shall have such other additional remedies
against Lessee as may be permitted in law or in equity at any time; provided, however,
Lessor shall not be relieved of any obligation imposed by law for mitigation of damages,
nor shall Lessor recover any duplicative damages, and Lessee shall be reimbursed by any
subsequent Lessee or purchaser of the Subject Land for any amount by which the value of
Lessee's Improvements exceed Lessor's damages, notwithstanding any other provision in
this Lease to the contrary. In particular, any exercise of a right of termination by Lessor
shall not be construed to end or discharge any right of Lessor to damages on account of
Lessee's breach.
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15.7 No 'Waiver No waiver of breach of any provision of this Lease shall be
construed as a waiver of succeeding breach of the same or other provisions. Acceptance of
rent payments by Lessor shall not constitute a waiver by Lessor of any violation by Lessee
of the provisions of this Lease.
ARTICLE 16
HOLD -OVER LESSEE
16.1 Hold -over Prohibited Upon expiration or termination of this Lease, Lessee
agrees to surrender to Lessor peaceful and uninterrupted possession of the Subject Land.
Hold -over tenancy by Lessee is prohibited and shall be deemed a trespass for which Lessor
may seek all appropriate civil and criminal remedies, except as provided below in 16.2.
16,2 Renewal Application An application to renew this Lease, properly and
timely filed by a Lessee in good standing, may give rise to a period of interim occupancy if
the term of this Lease expires prior to execution of a new lease or the denial of the
application to renew.
16.3 Interim Occupancy Conditions Should interim occupancy occur, on or
before the expiration of this Lease, and annually thereafter, Lessee shall pay rent
established by Lessor (subject to A.R.S. § 37 -285). Unless approved in writing by the
Lessor, the Lessee shall not prepare the land or plant a crop during the interim occupancy.
The interim occupancy is otherwise subject to the terms and conditions of the prior lease,
unless advised to the contrary in writing by the Lessor.
ARTICLE 17
INDEMNIFICATION
17.1 Indemnity Lessee shall indemnify, defend, save and hold harmless the State
of Arizona, its departments, agencies, boards, commissions, universities and its offers,
officials, agents, and employees (hereinafter referred to as "State of Arizona") from and
against any and all claims, actions, liabilities, damages, losses, or expenses (including court
costs, attorneys' fees, and costs of claim processing, investigation and litigation)
(hereinafter referred to as "Claims ") for bodily injury or personal injury (including death),
or loss or damage to tangible or intangible property caused, or alleged to be caused, in
whole or in part, by the negligent or willful acts or omissions of Lessee or any of its owners,
officers, directors, agents, employees or contractors, arising out of or related to Lessee's
occupancy and use of the Subject Land. It is the specific intention of the parties that the
State of Arizona shall, in all instances, except for Claims arising solely from the negligent
or willful acts or omissions of the State of Arizona, be indemnified by Lessee from and
against any and all claims. It is agreed that Lessee will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable.
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17.2 Obligations Lessee shall protect, defend, indemnify and hold Lessor
harmless from and against any and all liabilities, obligations, losses, environmental
response and clean up costs, charges and expenses, including attorneys' fees and court costs
arising out of or related to the presence or existence of any substance regulated under any
applicable Federal, State or local environmental laws, rules, regulations or ordinances or
amendments thereto because of: (a) any substance that came to be located on the Subject
Land or any use or occupancy of the lands by Lessee before or after the Lease; or (b) any
release, threatened release, escape, seepage, leakage, spillage, discharge, or emission of any
substance in, on, under or from the Subject Land subsequent to the date of Lease,
regardless of when such substance came to be located on the lands.
ARTICLE 18
RENEWAL
18.1 Renewal Rights Upon application to the Department not less than thirty
days nor more than one year before the Expiration Date, Lessee, if a bona fide resident of
the State or legally authorized to transact business in the State, shall have a preferred right
to renewal for a term not to exceed ten years, as provided by law, bearing even date with
the Expiration Date at a reappraised rental. The preferred right of renewal shall not
extend to a Lessee if there has not been substantial compliance with the terms of this Lease
or if the Subject Land has not been placed to the use prescribed in this Lease, unless for
good cause, the failure to perform was given written authorization by the Lessor. If the
Lessor determines the continued leasing of the land to the Lessee is not in the best interest
of the State, the Lease shall not be renewed. {
3
3
3
ARTICLE 19
ENCUMBRANCES
19.1 Rights . Lessee, and its successors and assigns, shall have the unrestricted
right to mortgage and pledge this Lease, subject, however, to the limitations of this Section.
Any such mortgageideed of trust or pledge shall be subject and subordinate to the rights of
Lessor, and nothing in this Lease shall be construed to impose upon Lessor any obligation
or liability with respect to the payment of any indebtedness to any holder of a
mortgage/deed of trust or pledge of this Lease.
19.2 Term The term of any leasehold mortgage or deed of trust shall not be
longer than the remaining lease term.
19.3 Registration No holder of a mortgagetdeed of trust on this Lease shall
have the rights or benefits provided by this Article nor shall the provisions of this Article
be binding upon Lessor, unless and until the name_ and address of the holder of the
mortgage /deed of trust is registered with Lessor.
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19.4 Of Record If Lessee, or Lessee's successors or assigns, shall mortgage this
Lease in compliance with provisions of this Article, then so long as any such mortgage/deed
of trust of record remains unsatisfied, the following provisions shall apply:
(a) Lessor, upon giving Lessee any notice of default, or any other notice
under the provisions of or with respect to this Lease, shall also give a copy of such notice to
the registered holder of a mortgageldeed of trust on this Lease.
(b) Any holder of such mortgage /deed of trust, in case Lessee shall have a
monetary default hereunder, shall, within thirty (30) days from the receipt of notice have
the right to cure such default, or cause the same to be cured, and Lessor shall accept such
performance by or at the instance of such holder as if the same had been made by Lessee,
all as provided in A.R.S. § 37 -289 (A)(2).
(c) Nothing herein contained shall preclude Lessor, subject to the
provisions of this Article, from exercising any rights or remedies under this Lease with
respect to any other default by Lessee during the pendency of any foreclosure or trustee's
sale proceedings.
(d) Any holder of such mortgage/deed of trust, in case Lessee shall have a
default other than a default involving failure to pay rent, taxes or other assessments, shall
have forty -five (45) days from the receipt of notice to cure any curable default.
(e) No failure on the part of Lessor to give the required notice of default
to the holder of a mortgageldeed of trust shall be deemed a waiver of Lessor's continuing
right to give notice of the default.
(f) Upon foreclosure of the mortgage or deed of trust, Lessor shall assign
this Lease to the holder of the mortgage or deed of trust if all taxes rent and assessment
payments are current. Nothing herein contained shall be deemed to obligate Lessor to
deliver physical possession of the demised Subject Land to the assignee under any
assignment entered into pursuant to this paragraph.
(g) No agreement between Lessor and Lessee modifying, canceling or
surrendering this Lease shall be effective without the prior written consent of the
registered mortgagees and lienholders.
(h) No union of the interest of Lessor and Lessee shall result in a merger
of this Lease in the fee interest.
(i) If a default is not cured within the applicable time period, Lessor may
issue an order canceling the Lease. If a cancellation order is issued, the order shall not
become final until any foreclosure action by a mortgagee or other lienholder, registered
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with Lessor pursuant to this Article, is finally resolved, if the mortgagee or lienholder does
both of the following:
(1) Within thirty (30) days of the date of issuance of a Notice of Default,
files written notice with Lessor of its intent to proceed with a foreclosure action, and;
(2) Within one hundred twenty (120) days of the date of issuance of a
Notice of Default, has commenced either a foreclosure action in court or a nonjudicial
foreclosure of a deed of trust, and has provided Lessor with a certified copy of the
complaint or other document that officially commences the foreclosure process, and
thereafter prosecutes the foreclosure with reasonable diligence.
19.5 Casualty Loss A standard Mortgage Clause naming each leasehold
mortgagee may be added to any and all insurance policies required to be carried by Lessee
hereunder on condition that the insurance proceeds are to be applied in the manner that is
not in derogation of Lessor's rights; except that the leasehold mortgage may provide a
manner for the disposition of such proceeds, if any, otherwise payable directly to Lessee
(but not such proceeds, if any, payable jointly to Lessor and Lessee) pursuant to the
provisions of this Lease.
ARTICLE 20
INSURANCE REQUIREMENTS
20.1 Insurance Obligggons Lessee shall maintain in full force a commercial
general liability insurance policy during the lease term affording protection to the limit of
not less than one million dollars. This policy shall contain a provision that Lessor, named as
an additional insured, shall be entitled to recovery for any loss occasioned to it, its agents
and employees. Further, the policy shall provide that their coverage is primary over any
other insurance coverage available to the Lessor, its agents and employees. Insurance
policies must contain a provision that the Lessor shall receive an advance 30 day written
notice of any cancellation or reduction in coverage.
ARTICLE 21
ENVIRONMENTAL MATTERS
21.1 Definition of Regulated Substances and Environmental Laws For purposes
of this Lease, the term "Environmental Laws" shall include but not be limited to any
relevant federal, state or local environmental laws, and the regulations, rules and
ordinances, relating to environmental matters, and publications promulgated pursuant to
the local, state, and federal laws and any rules or regulations relating to environmental
matters. For the purpose of this Lease, the term "Regulated Substances" shall include but
not be limited to substances defined as "regulated substance," "solid waste," "hazardous
waste, hazardous materials, hazardous substances, toxic materials, toxic
substances," "inert materials," "pollutants," "toxic pollutants," "herbicides,"
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"fungicides," "rodenticides," 'insecticides," „ contaminants," "pesticides," "asbestos,"
"environmental nuisance," "criminal littering," or "petroleum products" as defined in
Environmental Laws.
21.2 Compliance with Environmental Laws Lessee shall strictly comply with all
Environmental Laws, including, without limitation, water quality, air quality; and
handling, transportation, storage, treatment, or disposal of any Regulated Substance on,
under, or from the Subject Land. Without limiting the foregoing, compliance includes that
Lessee shall; (1) comply with all reporting obligations imposed under Environmental Laws;
(2) obtain and maintain all permits required by Environmental Laws, and provide a copy
to Lessor within ten (10) business days of receipt of the Lease; (3) provide copies of all
documentation required by Environmental Laws to Lessor within ten (10) business days of
Lessee's submittal and/or receipt of the documentation; (4) during the term of the Lease,
provide copies of all information it receives or obtains regarding any and all environmental
matters relating to the Subject Land, including but not limited to environmental audits
relating to the Subject Land, regardless of the reason for which the information was
obtained or whether or not the information was required by Environmental Laws; (5)
prevent treatment, storage, disposal, handling or use of any Regulated Substances within
the Subject Land without prior written authorization from Lessor. Any expense incurred
or penalties imposed on the Department for non - compliance with environmental
regulations, will be borne by Lessee upon notice or demand.
21.3 Environmental Consultant Lessee may at times employ a consultant for
information related to all Environmental Laws affecting the Subject Land, Lessee's
business and monitoring Lessee's continued compliance with applicable Environmental
Laws. Work product(s) for the Subject Land prepared by a consultant on behalf of the
Lessee shall be additionally addressed to the Lessor. Upon request by Lessor, Lessee shall
make the aforementioned consultant available to the Lessor to discuss Lessee's compliance,
answer any questions, and provide such reports and confirming information as Lessor may
reasonably request.
21.4 Environmental Assessment At any time, during the term of the Lease,
Lessor may require Lessee to obtain a Phase I environmental assessment of the Subject
Land performed by an Arizona registered professional engineer or an Arizona registered
geologist. If based upon the Phase I environmental assessment or its own independent
investigation, Lessor identifies any possible violation of Environmental Laws or the terms
of this Lease, Lessor may require Lessee to conduct additional environmental assessments
as Lessor deems appropriate for the purpose of ensuring that the Subject Land are in
compliance with Environmental Laws. The Phase I assessment, or any other assessment
required by Lessor, shall be obtained for the benefit of both Lessee and Lessor. A copy of
the Phase I report shall be provided both to Lessee and Lessor. Lessor, in its sole
discretion, shall have the right to require Lessee to perform additional assessments of any
damage to the Subject Land arising out of any violations of Environmental Laws. If Lessee
fails to obtain any assessments required by Lessor, Lessee shall pay the entire costs of any
01 -AG 05 /93 (REV. 22011)
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Regular Council Meeting - April 19, 2011 - Page 28 of 84
and all assessments required by Lessor, notwithstanding the expiration or termination of
the Lease.
21.5 Audit At any time, Lessor may require that Lessee provide to the
Department an environmental audit of the Subject Land performed by an Arizona
registered professional engineer or an Arizona registered geologist. Lessee shall pay the
entire cost of the audit.
21.5 Indemnity for Environmental Damag Lessee shall defend, indemnify
and hold Lessor harmless from and against any and all liability, obligations, losses,
damages, penalties, claims, environmental response and cleanup costs and fines, and
actions, suits, costs, taxes, charges, expenses and disbursements, including legal fees and
expenses of whatever kind or nature (collectively, "claims" or "damages ") imposed on,
incurred by, or reserved against Lessor in any way relating to or arising out of any non-
compliance with any Environmental Laws, the existence or presence of any Regulated
Substance, on, under, or from the Subject Land, and any claims or damages in any way
relating to or arising out of the removal, treatment, storage, disposition, mitigation,
cleanup or remedying of any Regulated Substance on, under, or from the Subject Land by
Lessee, its agents, contractors, or subcontractors.
21.7 Scone of Indemnity This indemnity shall include, without limitation,
claims or damages arising out of any and all violations of Environmental Laws regardless
of any real or alleged fault, negligence, willful misconduct, gross negligence, breach of
warranty, or strict liability on the part of any of the indemnities. This indemnity shall
survive the expiration or termination of this Lease and/or transfer of all or any portion of
the Subject Land and shall be governed by the laws of the State of Arizona.
21.8 Lessee's Participation in the Defense In the event any action or claim is
brought or asserted against Lessor which is or may be covered by this indemnity, Lessee i
shall fully participate, at Lessee's expense, in the defense of the action or claim including
but not limited to the following: (1) the conduct of any required cleanup, removal or
remedial actions and/or negotiations, (2) the conduct of any proceedings, hearings, and/or
litigation, and (3) the negotiation and finalization of any agreement or settlement. Lessor
shall retain the right to make all final decisions concerning the defense. Lessee's
obligations to participate in the defense under this Section shall survive the expiration or
termination of the Lease.
21.9 Reclamation Prior to the termination of the Lease, Lessee shall reclaim
the Subject Land by removing any and all Regulated Substances. In addition, the
reclamation shall include, but not be limited to, removal of all waste and debris deposited
by Lessee. If the Subject Land or any portions thereof are damaged or destroyed from the
existence or presence of any Regulated Substance or if the Subject Land or any portions
thereof are damaged or destroyed in any way relating to or arising out of the removal,
treatment, storage, disposition, mitigation, cleanup or remedying of any_ Regulated
01 - -AG 05193 (REV. 213021)
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Regular Council Meeting - April 19, 2011 - Page 29 of 84
Substance, Lessee shall arrange, at its expense, for the repair, removal, remediation, and
reconstruction to the Subject Land, to the satisfaction of Lessor. In any event, any damage,
destruction, or reclamation by Lessee shall not relieve Lessee from its obligations and
liabilities under this Lease. Lessee's reclamation obligations under this Section shall
survive the expiration or the termination of the Lease.
21.10 Biosolids Lessee must contact the Lessor a minimum of (90) days prior to
the application of biosolids (as defined by the Arizona Department of Environmental
Quality Rules for application to land set forth in Title 18, Chapter 9, Article 10 of the
Arizona Administrative Code) on the Subject Land. The Lessor reserves the right to deny
the application of biosolids to Subject Land within incorporated areas, Subject Land that is
viewed as being located within the path of development, or where the Lessor views the
biosolids application is not in the best interest of the Trust due to nuisance, environmental,
or other concerns. If the Lessor exercises Lessor's right to deny the application of
biosolids, the Lessee shall not apply the biosolids to the Subject Land. In the event Lessee
applies biosolids pursuant to this section (21.10), the Lessee is responsible for compliance
with Iocal ordinances, State and Federal rules and laws related to biosolids applications.
Upon request, Lessee shall provide copies of all applicable Arizona Department of
Environmental Quality (ADEQ) registrations and permits. At Lessor's discretion,
additional financial assurance from the Lessee may be required.
21.11 Effluent Lessee must contact the Lessor a minimum of (90) days prior to
the application of treated effluent on the Subject Land. The Lessor reserves the right to
deny the application of treated effluent to Subject Land within incorporated areas, Subject
Land that is viewed as being located within the path of development, or where the Lessor
views the application of treated effluent is not in the best interest of the Trust due to
nuisance, environmental, or other concerns. If the Lessor exercises Lessor's right to deny
the application of treated effluent, the Lessee shall not apply the effluent to the Subject
Land. In the event Lessee applies treated effluent pursuant to this section (21.11), the
Lessee is responsible for compliance with local ordinances, State and Federal rules and
laws related to application of treated effluent. Upon request, Lessee shall provide copies of
all applicable Arizona Department of Environmental Quality (ADEQ) registrations and
permits. At Lessor's discretion, additional financial assurance from the Lessee may be
required.
21.12 Pesticides Pesticides shall only be applied to the Subject Land by licensed
applicators. Records for pesticide applications shall be made available to the Lessor upon
request. Lessee shall only store pesticides on the Subject Land for the usage of that year's
annual application for the Subject Land. The aforementioned storage must occur in a
confined structure which provides secondary containment of the chemicals.
21.13 Fuels & Lubricants The following provisions related to fuels and/or
lubricants shall apply:
01 - -AG 05193 (REV. 212011)
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Regular Council Meeting - April 19, 2011 - Page 30 of 84
(a) No underground storage tanks are permitted. Motor fuels or
regulated substances shall be stored in secondary - contained above ground tanks. All
above - ground storage tanks shall be inspected and approved by the Arizona State Fire
Marshal.
(b) All used petroleum products such as crankcase oil, transmission fluid,
gear oil, used anti- freeze or coolant, used tires, and used batteries must be removed from
the site, and not allowed to accumulate. Removal and disposal shall be done in accordance
with all applicable regulations, preferably by a qualified contractor or recycler. Storage
containers for used petroleum products shall be located on properly constructed and
approved secondary containment. Check with the Arizona Department of Environmental
Quality for current requirements.
21,14 Eauipment Repair Facilities In the event, the Lessee has a shop operation
on the Subject Land, the following conditions shall apply:
(a) The floor of any repair shop or vehicle wash area shall be constructed
with an impermeable surface that is designed to discharge runoff to an oil-water separator,
preventing discharge of petroleum into the soil, a septic system, or a municipal sewer
system. The oil -water separator can be purchased as a pre -cast unit. The separator shall 1
be cleaned, maintained, and checked for physical integrity on an annual basis.
3
3
(b) Only closed system solvent parts washers maintained by an off -site
contractor are permitted.
4
I
(c) In- ground hydraulic lifts are not permitted.
z
21.15 Bonding Lessor reserves the right to require the Lessee to post a bond or
any form of collateral deemed sufficient by the Lessor for performance or restoration
purposes. If deemed necessary by the Lessor for increased restoration costs, the Lessee
shall provide additional security as deemed sufficient by the Lessor.
21.16 Environmental Non - Compliance Failure to comply with provisions of this
Lease will subject this Lease to cancellation.
ARTICLE 22
NATIVE PLANTS AND CULTURAL RESOURCES
22.1 Cultural Resources,
(a) Pursuant to A.R.S. §§ 41 -841 and 41 -842, Lessee, Lessee's employees,
and Lessee's guests shall not excavate or collect any prehistoric or historic archaeological
specimens on the Subject Land without a permit from the Director of the Arizona State
Museum and written approval of Lessor pursuant to the terms of this Lease. Lessee shall
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Regular Council Meeting - April 19, 2011 - Page 31 of 84
immediately report any unpermitted excavation or collection of archaeological specimens
on the Subject Land to the Arizona State Museum and Lessor.
(b) Pursuant to A.R.S. § 41 -844, Lessee shall report to the Director of the
Arizona State Museum and Lessor any prehistoric or historic archaeological site, or
paleontological site, that is discovered on the Subject Land by Lessee, Lessee's employees,
or Lessee's guests, and shall, in consultation with the Director of the Arizona State
Museum and Lessor, immediately take all reasonable steps to secure the preservation of the
discovery.
22.2 Native Plants/Noxious Weeds
(a) Lessee shall not move, use, destroy, cut or remove or permit to be moved,
used, destroyed, cut or removed any timber, cactus, native plants, standing trees or
products of the land except that which is necessary for the use of the Subject Land, and
then only with the prior written approval of Lessor. For undeveloped land, the Lessee
must submit a plant survey prior to the removal of any native plant. If the removal or
destruction of plants protected under the Arizona Native Plant Law (A.R.S. § 3-941 et sea.
or any successor statutes) is necessary to the use of the Subject Land, Lessee shall also
obtain the prior written approval of the Arizona Department of Agriculture. In the event
the Lessee removes the native plants, the Lessee must pay a vegetation fee to the Lessor and
this fee is not a reimbursable improvement.
(b) Lessee is responsible for treatment of all regulated and restricted noxious
weeds listed by the Arizona Department of Agriculture.
ARTICLE 23
MISCELLANEOUS
23.1 Reservation of Other Rights This Lease grants Lessee only those rights
expressly granted herein, and Lessor retains and reserves all other rights in the Subject
Land.
23.2 Subieet to Laws/Rules This Lease shall be governed by, construed and
enforced in accordance with Arizona laws. This Lease is subject to all current and
subsequently enacted rules, regulations and laws applicable to the Subject Land and to the
rights and obligations of Lessors and Lessees. No provisions of this Lease shall create any
vested right in Lessee except as otherwise specifically provided in this Lease.
23.3 No Access Rights Conferred This Lease does not grant, convey, license or
permit any right to use State Trust access rights over Private, Federal or Tribal lands.
Lessee is solely responsible for identifying any parties who claim any right to deny or limit
Lessee's access to the Subject Land, and to secure permission to access the Subject Land
01 -AG V,93 (REV. 212011)
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Regular Council Meeting - April 19, 2011 - Page 32 of 84
from those parties, if any. This Lease does not give the Lessee any right to create new
roads nor improve existing roads without the written permission of the Lessor.
23.4 Hunter Access This Lease is subject to Arizona Game & Fish Department
statutes and regulations prohibiting the locking of gates that result in the interference with
hunter access without authorization of the Arizona Game & Fish Commission.
23.5 Liabili Lessor shall be forever wholly absolved from any liability for
damages which might result to Lessee in the event this Lease is found to be void, canceled,
forfeited or terminated prior to the Expiration Date or in the event this Lease is not
renewed.
23,6 Land Title Issue If, for any reason, it is determined that Lessor has failed to
receive title to any of the Subject Land, the Lease is void insofar as it related to the Subject
Land to which Lessor has failed to receive title. In such event Lessee waives all right to any
compensation as against Lessor, except prorated reimbursement for prepaid rent.
23.7 Lessor Access Lessor shall have reasonable access to the Subject Land for
any purpose pertaining to the Lease or otherwise authorized by law.
23.8 Non - Interference Lessee shall not interfere with the authorized activities of
Lessor's employees, agents, licensees or other lessees or permittees on the Subject Land.
23,9 Attorneys' Fees In any action arising out of this Lease, the prevailing party a
shall recover reasonable attorneys' fees incurred therein in addition to the amount of any
judgment, costs and other expenses as determined by the court. In the case of Lessor,
reasonable attorneys' fees shall be calculated at the reasonable market value for such
services when rendered by private counsel notwithstanding that it is represented by the
Arizona Attorney General's Office or by other salaried counsel. i
23.10 No Fee Interest Conferred No provisions of this Lease shall create any right
to a fee interest in the Subject Land.
23.11 Cancellation due to Conflict of Interest Pursuant to A.R.S. § 38-511 this
Lease may be canceled within three years after its execution, 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 of the
contract with respect to the subject matter of the contract.
23.12 Notice Any notice to be given or other documents to be delivered to Lessee
or Lessor hereunder shall be in writing and delivered to Lessee or Lessor by depositing
same in the United States Mail, with prepaid postage addressed as follows:
01 -AG 05193 (REV. =011)
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Regular Council Meeting - April 19, 2011 - Page 33 of 84
To Lessor: Arizona State Land Department
1616 West Adams Street - First Floor
Phoenix, AZ 85007
To Lessee: Address of Record
Lessee must notify Lessor within thirty (30) days by written notice of any change in
address. Lessor's notice shall be deemed adequate if sent to the Lessee's best known
address of record and no change of address form is on file.
23.13 Entire Agreement This Lease, together with all attached Appendices,
embodies the whole agreement of the parties. There are no other agreements or terms, oral
or written. This Document supersedes all previous communications, representations and
agreements, oral or written, between the parties.
23.14 Execution This document is submitted for examination and shall have no
binding effect on the parties unless and until executed by Lessor (after execution by
Lessee), and a fully executed copy is delivered to Lessee.
23.15 Arbitration In the event of a dispute between the parties to this Lease, it is
agreed to use arbitration to resolve the dispute but only to the extent required by A-R.S. §
12 -1518; and, in no event shall arbitration be employed to resolve a dispute which is
otherwise subject to judicial review pursuant to A.R.S. §§ 12 -901, et seq ., and
administrative review by the Department pursuant to statute or Department
Administrative Rule.
23.16 Survey At the request of Lessor, Lessee shall submit a current survey
prepared by an Arizona registered land surveyor of the Subject Land. The survey shall be
prepared to Lessor's satisfaction and the cost of the survey shall be borne by Lessee.
23.17 Mutual Cancellation This Lease may be terminated as to all or part of the
Subject Land prior to the expiration date upon written agreement signed by both Lessor
and Lessee. The agreement shall specify the terms and conditions of such a cancellation.
23.18 Lessor's Lien Lessee grants to Lessor a lien superior to all others in
Lessee's interest in Improvements and valuable materials located on the Subject Land
Lessor has the right to recover any rent arrearage and outstanding liabilities of Lessee
from Lessee's interest in the Improvements or valuable materials.
23.19 No Promise to Sell Lessee acknowledges that it has not been induced to
enter into this Lease by any promise from Lessor or any of its agents, servants or
employees that the Subject Land will be offered for sale at any tune.
01 -AG 05143 (REV. 212011)
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Regular Council Meeting - April 19, 2011 - Page 34 of 84
2310 Non - Availability of Funds Every obligation of the State under this Lease is
conditioned upon the availability of funds appropriated or allocated for the payment of
such obligation. H funds are not allocated and available for the continuance of this Lease,
this Lease may be terminated by the State at the end of the period for which funds are
available. No liability shall accrue to the State in the event this provision is exercised, and
the State shall not be obligated or liable for any future payments or any damages as a
result of termination under this paragraph.
23.21 Nan - discrimination The parties agree to be bound by applicable State and
Federal rules governing Equal Employment Opportunity, Non - discrimination and
Disabilities, including Executive Order No. 2009 -09.
I
1
41 -AG 05143 (REV. 212011)
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Regular Council Meeting - April 19, 2011 - Page 35 of 84
STATE OF ARIZONA LAND DEPARTMENT RUN DATE 14- MAR -2011 .
1616 W. ADAMS RUN TIME: 16:12:46
PHOENIX, AZ 85007
APPENDIX A .
PAGE: 001
KE- LEASE #: 001- 106983 -00-006 APPTYPE: RENEWAL
AMENDMENT #: 0
LAND# LEGAL DESCRIPTION AUS ACREAGE
11.0 -S- 11.0- E -33 -10 -009-1004 E2NWSE NESE N2NWSESE NESESE 0.00 75.000
TOTALS: QAO 75.000
Regular Council Meeting -April 19, 2011 - Pa9e.36 of 84
IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement effective
the day and year set forth .previously herein.
STATE OF ARIZONA, LESSOR
Arizona.State Land Commissioner Lessee Date
Authorized Signature
By: Date
Title
(SEAL)
Address
City State Zip
01 =AG 05193 (REK 2/2011)
-ZS-
Regular Council Meeting - April 19, 2011 - Page 37 of 84
ON
ARIZONA STATE 4 8 4 *11, LAND DEPARTMENT
AVAILABLE FOR SAFE:
SOUTH OF MORE ROAD,, WEST S ANDARio ROAD "
MAR ANA HERITAGE PAS
AppuCAnm No.: 3 -1 13635
AUCTION LocAnoN: PIMA COUNTY COURTHOUSE
ACREAGE: 2 (MORE OR LESS
ZONING:, G A, SMALL LOT M ARA.NA)
UTII TIE PIMA COUNTY WASTEWATER,
ATER, MARANA WATE
FOR ADDITIONAL INFORMATIO CONTAC'T:
DAYNA R. BROWN, ADMINISTRATOR (602 ) 542 -3000
DIS;L DIER: This intom - union is designed for gencrat overview ptuposes only. , Unless otherwise stated, all figures and depictions are
approximate. prospective bide should review all information in the State Land DepartmenCs records relating to the property and sect€ technical or
legal advice as needed to asses the understanding of all legal descriptions, plat maps, surveys, and either docuittents relevant to the properly. Once .,
an auction price is established. appraisals my be checked --out from the ASLD office for =haters, Informational marketing CDs are available upon
requ t. `visit us online at a .land: tate.a ,us Contact Melissa Hyde for additional information ( }2) 364 -2721.
19 gular Council Meeting - April 19, 2011 - Page 38 of 84 J ��IUUA���ufuwJPl +�� �9�i�wli �'�11��'�I'
�� I I V� V 4�6 A ll lull
ARAN
T
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, April 19, 2011, 7:00:00 PM
To: Mayor and Council Item C 2
From: Dorothy O'Brien , Utilities Director
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2011-4 -_ Relating to Utilities; approving and authorizing the Mayor
to execute a one -year extesion of the intergovernmental agreement between the Town
of Marana and Pima County for provision of water consumption data and sewer user
account billing services
Discussion:
Water and wastewater services are invoiced based upon water usage. Water is invoiced monthly
for water consumed the previous month. Wastewater is billed monthly based on the average
water consumed in the months of December through February. This three -month time frame is
used due to the lower volume of outside usage and lower temperatures. Monthly the billing
software evaluates the lower usage of either the December - February average or current water
usage and bills based upon this value. Accurate water meters and efficient billing software are
core functions when operating a water utility.
This item seeks to authorize a one -year extension (to May 18, 2012) of an Intergovernmental
Agreement (IGA) with Pima County for provision of water consumption data and for billing
sewer user accounts. The IGA that is being extended is provided as part of the backup materials
for this item, and was approved on April 21, 2009 by Marana Resolution No. 2009 -46. Paragraph
22 of the IGA acknowledges the pending wastewater litigation between Marana and Pima County
and provides for the ability to terminate or modify the IGA in a manner consistent with the
litigation's outcome.
Financial Impact:
The Town of Marana Utilities Department receives a fee for each account processed for Pima
County.
ATTACHMEN
Name: Description: Type:
❑ Resolution 2011 PC Sewer Bi1Gng_IGA.DOC Resolution Resolution
❑ Exhibit A_ contract amendment.pdf Exhibit A to Reso: IGA Extension Exhibit
❑ 2009 PC Sewer Billing IGA.pdf 2009 PC Sewer Billing IGA Backup Material
Regular Council Meeting - April 19, 2011 - Page 39 of 84
Staff Recommendation:
The Utilities Department recommends the Town of Marana enter into the proposed IGA
extension with Pima County to provide water consumption data and process wastewater invoices
and payments.
Commission Recommendation - if applicable:
The Utilities Commission recommended the original IGA with Pima County in April of 2009 to
provide this service for Pima County.
Suggested Motion:
I move to adopt Resolution No. 2011 -44, approving and authorizing the Mayor to execute the
proposed Pima County sewer billing IGA extension.
Regular Council Meeting - April 19, 2011 - Page 40 of 84
MARANA RESOLUTION NO. 2011-44
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A ONE -YEAR EXTENSION OF THE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR PROVISION OF
WATER CONSUMPTION DATA AND SEWER USER ACCOUNT BILLING SERVICES
WHEREAS Pima County is authorized by A.R.S. § 11 -264 to operate and maintain a
public sanitary sewerage system and is the designated public sewer system provider for most of
Pima County; and
WHEREAS the Town of Marana is the water provider for residents of a portion of Pima
County's sewer service area; and
WHEREAS the Town and Pima County entered into an intergovernmental agreement
effective May 19, 2009 for provision of water consumption data and sewer user account billing
services; and
WHEREAS the Town and Pima County desire to extend the intergovernmental
agreement for one year.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The one -year extension of the intergovernmental agreement between the
Town of Marana and Pima County for provision of water consumption data and sewer user
account billing services attached as Exhibit A to and incorporated by this reference in this
resolution is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf
of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the intergovernmental agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 19 day of April, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - April 19, 2011 - Page 41 of 84
Resolution No. 201144
PIMA COUNTY DEPARTMENT OF REGIONAL
WASTEWATER RECLAMATION DEPARTMENT
PROJECT: Provision of Water Consumption Data
CONTRACTOR: Town of Marana
CONTRACT NO.: 01 -03 -M- 141932 -0509
CONTRACT AMENDMENT NO.: Two &
ORIG. CONTRACT TERM: 05/19/2009 - 05/18/2010 ORIG. CONTRACT AMOUNT: $ 45,000.00
TERMINATION DATE PRIOR AMENDMENT: 05/18/2011 PRIOR AMENDMENTS: $ 0.00
TERMINATION THIS AMENDMENT: 05/18/2012 AMOUNT THIS AMENDMENT: $ 0.00
REVISED CONTRACT AMOUNT: $ 45,000.00
CONTRACT AMENDMENT
WHEREAS, COUNTY and CONTRACTOR entered into a Contract for services as referenced above; and
WHEREAS, CONTRACTOR and COUNTY, pursuant to Article 4 - Term, have agreed to extend the Contract term
for a period of one year.
NOW, THEREFORE, it is agreed as follows:
CHANGE: ARTICLE 4 - TERM:
From: "... shall terminate on May 18,20111..."
To: shall terminate on May 18,2012..."
The effective date of this Amendment shall be May 18, 2011.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
Reg,0er s gftMg *g - April 19, 2011 - Page 42 of 84 Page 1 of 2
All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be
binding upon the parties.
IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below.
PIMA COUNTY: TOWN OF MARANA:
Chair, Board of Supervisors Mayor, Town of Marana"
Date Date
ATTEST: ATTEST:
Clerk of Board Town Clerk
Date Date
APPROVAL:
The foregoing intergovernmental Agreement between Pima County and the Town of Marana has been reviewed by
the undersigned, and is hereby approved as to content.
J son dent WRl .t?irector'
Dates
Intergovernmental Agreement Determination
The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been
reviewed pursuant to A.R.S. § 11 -952 by the undersigned, who have determined that it is in proper form and
is within the powers and authority granted under the laws of the State of Arizona to those parties to the
tntero rental Agreement represented by the undersigned.
TOWN OF MARANA:
rtrtty ey Mown Attorney
. .f. f.
Date Date
Reg I e , uWbi &pt�g -April 19, 2011 -Page 43 of 84 page 2 of 2
C T C. a C T
Ho.
AMENDMEH' w«
This namna ��+ on all
invoices. and
Intergovernmental Agreeme do cument► ''" �''" "'�' to this
(,Qnt�9f.T
between
Pima County and Town of Marana
for
Provision of Water Consumption Data
This Intergovernmental Agreement (IGA) is entered into by and between Pima County, a body
politic and corporate of the State of Arizona ( "County ") and the Town of Marana (Town) pursuant to
A.R.S. § 11 -952.
Recitals
A. County and Town may contract for services and enter into agreements with one another for
joint or cooperative action pursuant to A.R.S. § 11 -951, et seq.
B. County and Town desire to exchange proprietary water use information for the purpose of
calculating billings to sewer users.
NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the
matters and things hereinafter set forth, do mutually agree as follows:
Agreement
1. Purpose. The purpose of this IGA is to exchange water use data for the purpose of
calculating, billing and collecting sewer user fees from the Town's customers.
2. Scope of Services. See attached Exhibit A (Two (2) pages).
3. Financing. For the services described in Item 2 above, the County agrees to pay and the
Town agrees to offset against amounts owed the County, a monthly administrative and
billing fee of $0.84 per account per month. Such fees will reimburse the Town for the cost
of billing and collection services each year. Total payment for this contract shall not exceed
$45,000.00 annually. If this contract were to exceed $45,000.00 annually, County and Town
agree to meet to discuss increasing funding to allow payment for the continued provision of
services provided, however, the terms of this IGA may only be amended pursuant to Article f
23, below.
The Town shall provide detailed documentation in support of requested payment. Payment S
requests shall assign all costs to items identified by this Article.
2
6
It is the intention of both parties that pricing shall remain firm during the term of the d
contract. Price increases shall only be considered in conjunction with a renewal of the f3
Contract. In the event that economic conditions are such that unit price increases are
desired by the Town upon renewal of the Contract, the Town shall submit a written request to
the County with supporting documents justifying such increases at least 90 days prior to
1
Regular Council Meeting - April 19, 2011 - Page 44 of 84
the termination date of the Contract. It is agreed that the Unit Prices shall include
compensation for the Town to implement and actively conduct cost and price control
activities. The County will review the proposed pricing and determine if it is in the best
interest of the County to renew or extend the Contract as provided for in Article I of this
Contract.
4. Term. This Agreement shall commence on May 19, 2009 and shall terminate on May 18,
2010, unless sooner terminated or further extended pursuant to the provisions of this
Agreement. The parties may renew this Agreement for up to four (4) additional one -year
periods or any portion thereof.
Any modification or extension of the Agreement termination date shall be by formal written
amendment executed by the parties hereto.
Amendments to the Agreement must be approved by the Board of Supervisors before any
work or deliveries under the Amendment commences.
5. Disposal of Property. Upon the termination of this IGA, all property involved shall revert
back to the owner. Termination shall not relieve any party from liabilities or costs already
incurred under this IGA, nor affect any ownership of property pursuant to this IGA.
6. Indemnification. Each party (as Indemnitor) agrees to indemnify, defend and hold harmless
the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or
expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"claims ") arising out of bodily injury of any person (including death) or property damage, but
only to the extent that such claims which result in vicarious /derivative liability to the
Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteers.
7. Insurance. Each party shall obtain and maintain at its own expense, during the entire term of
this Contract the following type(s) and amounts of insurance:
a) If required by law, workers' compensation coverage including employees' liability
coverage.
Parties to this agreement shall provide thirty (30) days written notice to all parties to this IGA
of cancellation, non - renewal or material change of coverage.
5
8. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules, r
regulations, standards and Executive Orders, without limitation to those designated within this 0
IGA. The laws and regulations of the State of Arizona shall govern the rights of the parties,
the performance of this IGA and any disputes hereunder. Any action relating to this IGA shall 4
be brought in an Arizona court in Pima County. 9
9. Non - Discrimination. The parties shall not discriminate against any County employee, client
or any other individual in any way because of that person's age, race, creed, color, religion,
sex, disability or national origin in the course of carrying out their duties pursuant to this IGA.
2
Regular Council Meeting - April 19, 2011 - Page 45 of 84
The parties shall comply with the provisions of Executive Order 75 -5, as amended by
Executive Order 99 -4, which is incorporated into this IGA by reference, as if set forth in full
herein.
10. ADA. The parties shall comply with all applicable provisions of the Americans with
Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101- 12213) and all applicable federal
regulations under the Act, including 28 CFR Parts 35 and 36.
11. Severability. If any provision of this IGA, or any application thereof to the parties or any
person or circumstances, is held invalid, such invalidity shall not affect other provisions or
applications of this IGA which can be given effect, without the invalid provision or
application and to this end the provisions of this IGA are declared to be severable.
12. Termination /Cancellation. This Agreement may be terminated by either the County or the
Town with written one hundred- twenty (120) day notice.
13. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant
to A.R.S. § 38 -511, the pertinent provisions of which are incorporated herein by reference.
14. Non - Appropriation. Not withstanding any other provision in this IGA, this IGA may be
terminated if for any reason the Pima County Board of Supervisors does not appropriate
sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation,
the County shall have no further obligation to the Town other than for payment for services
rendered prior to cancellation.
15. Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA.
If a court, at the request of a third person, should declare that either party lacks authority to
enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall
be null and void, and no recovery may be had by either party against the other for lack of
performance or otherwise.
16. Worker's Compensation. Each party shall comply with the notice of A.R.S. § 23 -1022 (E).
For purposes of A.R.S. § 23 -1022, each party shall be considered the primary employer of all
personnel currently or hereafter employed by that party, irrespective of the operations of
protocol in place, and said party shall have the sole responsibility for the payment of Worker's
Compensation benefits or other fringe benefits of said employees.
1,
17. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall
be construed to, create any partnership, joint venture or employment relationship between the
parties or create any employer - employee relationship between County and any Town
employees, or between Town and an Count employees. Neither art shall be liable for Y Y party Y �..
debts, accounts, obligations or other liabilities whatsoever of the other, including (without
limitation) the other party's obligation to withhold Social Security and income taxes for itself
or any of its employees.
18. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create
duties or obligations to or rights in third parties not parties to this IGA or affect the legal
3
Regular Council Meeting - April 19, 2011 - Page 46 of 84
liability of either party to the IGA by imposing any standard of care with respect to the
maintenance of public facilities different from the standard of care imposed by law.
19. Notice. Any notice required or permitted to be given under this IGA shall be in writing and
shall be served by delivery or by certified mail upon the other party as follows (or at such
other address as may be identified by a party in writing to the other party):
COUNTY: TOWN:
Michael Gritzuk, Director Gilbert Davidson, Town Manager
Regional Wastewater Reclamation Department Town of Marana
201 N Stone, 8` Floor 11555 W. Civic Center Drive
Tucson, AZ 85701 Marana, AZ 85653
Ph 520- 740 -6525 Ph 520- 382 -1900
Fx 520- 740 -6384 Fx 520- 382 -1901
With copies to:
County Administrator Town Attorney
130 West Congress Street, 10` Floor Town of Marana
Tucson, Arizona 85701 11555 W. Civic Center Drive
Marana, AZ 85653
Clerk of the Board
130 West Congress, 5' Floor
Tucson, Arizona 85701
20. Legal Arizona Workers Act Compliance. Town hereby warrants that it will at all times
during the term of this Contract comply with all federal immigration laws applicable to
Town's employment of its employees, and with the requirements of A.R.S. § 23 -214 (A)
(together the "State and Federal Immigration Laws "). Town shall further ensure that each
Subcontractor who performs any work for Town under this contract likewise complies with
the State and Federal Immigration Laws.
County shall have the right at any time to inspect the books and records of Town and any
Subcontractor in order to verify such party's compliance with the State and Federal
Immigration Laws. 2
Any breach of Town's or any Subcontractor's warranty of compliance with the State and
Federal Immigration Laws, or of any other provision of this section, shall be deemed to be a N
material breach of this Contract subjecting Town to penalties up to and including suspension
or termination of this Contract. If the breach is by a Subcontractor, and the subcontract is
suspended or terminated as a result, Town shall be required to take such steps as may be 1
necessary to either self - perform the services that would have been provided under the
subcontract or retain a replacement subcontractor, (subject to County approval if MWBE
preferences apply) as soon as possible so as not to delay project completion.
4
Regular Council Meeting - April 19, 2011 - Page 47 of 84
Town shall advise each Subcontractor of County's rights, and the Subcontractor's obligations,
under this Article by including a provision in each subcontract substantially in the following
form:
"Subcontractor hereby warrants that it will at all times during the term of this contract comply
with all federal immigration laws applicable to Subcontractor's employees, and with the
requirements of A.R.S. § 23 -214 (A). Subcontractor further agrees that County may inspect
the Subcontractor's books and records to insure that Subcontractor is in compliance with these
requirements. Any breach of this paragraph by Subcontractor will be deemed to be a material
breach ofthis contract subjecting Subcontractor to penalties up to and including suspension or
termination of this contract."
21. Scrutinized Business Operations. Pursuant to A.R.S. § 35 -397, Town hereby certifies that
it does not have scrutinized business operations in Iran or Sudan. The submission of a false
certification by contractor may result in action up to and including termination of this
contract.
22. Pending Wastewater Litigation. A lawsuit concerning the ownership and operation of
wastewater facilities is currently pending between the Town of Mamna and Pima County as of
the date this Agreement is being executed bythe Parties. If the result of the lawsuit justifies such
action, this Agreement, and the rights and obligations of the Parties under it, shall be terminated
or modified in a manner consistent with the final outcome of the lawsuit. Nothing about this
Agreement shall be interpreted as an assertion of rights or an admission by or against either of
the Parties with respect to the claims in the litigation.
23. Entire Agreement. This document constitutes the entire Agreement between the parties
pertaining to the subject matter hereof, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein. This IGA shall not
be modified, amended, altered or extended except through a written amendment signed by the
parties and recorded with the Pima County Recorder, or Arizona Secretary of State, whichever
is appropriate.
(The remainder of this page is intentionally left blank)
1 :
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2
6
5
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Regular Council Meeting - April 19, 2011 - Page 48 of 84
In Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the
Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of
the Board, and Town has caused this Intergovernmental Agreement to be executed by the Mayor,
Town of Marana upon resolution of the Mayor and attested to by the Town Clerk.
PIMA COUNTY: TOWN OF MA A:
C air, Board of Supervisors Mayor, Town of Marana
MAY 19 2009
ATTEST: ATTEST:
,)
Clerk of the Clerk
19 2009
Date: Date: T - - e c 1
APPROVAL:
The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has
been reviewed by the undersigned, and is hereby approved as to content.
`(
Mteyael Gr Pl ., Director
Intergovernmental Agreement Determination
The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has
been reviewed pursuant to A.R.S. § 11 -952 by the undersigned, who have determined that it is in
proper form and is within the powers and authority granted under the laws of the State of Arizona to
those parties to the Intergovernmental Agreement represented by the undersigned.
PIMA COUNTY TOWN OF MARANA:
Deputy County A Town Atto / rriey
6
Regular Council Meeting - April 19, 2011 - Page 49 of 84
Exhibit A: Scope of Services (Two Pages)
The Town shall provide the following sewer billing and collection services for the County:
A. Provide water consumption data for each water and sewer account and provide monthly billings and
collection of these accounts monthly.
B. Update all water and sewer accounts (turn-on and turn-off) to maintain an accurate active customer file.
C. Bill and disconnect delinquent sewer accounts in same manner the Town uses to bill and disconnect
delinquent water accounts and transmit to the County for collecting those delinquent sewer accounts that
cannot be collected through the water billing system.
D. Process sewer user fee adjustments transmitted by the County and adjust sewer user fees in accordance
with adjustment policies authorized by the County.
E. Maintain an accurate, computerized sewer billing and accounts receivable.
F. Provide the County with read -only access to the computerized customer billing system maintained by the
Town.
G. Provide the County with winter (December, January and February) water use data for those sewer users
on the Town water system.
H. Provide the County with all necessary and agreed upon computer- oriented reports required to effectively
manage the revenues and customer accounts of the sewer utility.
I. Provide the County with the ability to insert sewer utility - related information into the monthly customer
billings.
J. Upon receipt of sewer user fee payments, the Town shall deposit the funds with the County Treasurer as
per the agreed upon schedule.
K. At the County's option, the Town shall provide a register showing active account status of each account
on a monthly basis and will provide a final delinquent account register of all accounts considered as the
inactive final billing register. 1.
w
L. At the request of the County, the Town shall provide to the County all data related to the billing and
collection of sewer user fees within the Town, at no cost to the County. S
aJ
M. The Town shall provide a Project Manager for this Agreement who shall serve as liaison with the County
on all issues relating to this Agreement. 5
N. The Town shall provide the County with the opportunity to provide input to any billing system changes
prior to implementation.
7
Regular Council Meeting - April 19, 2011 - Page 50 of 84
Exhibit A: Scope of Services (Page Two)
O. The Town shall cooperate with the County to develop procedures and reporting modifications to
satisfy deficiencies identified in yearly audits.
P. To the extent possible, the Town shall provide additional computer services in the form of special
computer programs or printouts to the County at no cost.
Q. The Town shall maintain books, records, documents and other evidence directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles and practices consistently
applied. The Town shall also maintain the financial information and data used by the Town in the
preparation or support of the cost submission and a copy of the cost summary submitted to the County. The
County shall have access to such books, records, documents and other evidence for inspection, audit and
copying. The Town shall provide proper facilities for such access and inspection.
R. Audits conducted under this provision shall be in accordance with generally accepted auditing standards
and established procedures and guidelines of the reviewing or audit agency(ies).
S. The Town agrees to the disclosure of all information and reports resulting from access to records, as
described in Item Q, to the County designated auditor, provided that the Town is afforded the opportunity for
an audit exit conference and an opportunity to comment and submit any supporting documentation on the
pertinent portions of the draft audit report and that the final audit report will include written comments of
reasonable length, if any, of the Town.
T. At the request of the County and with the concurrence of the Town, the Town may provide billing and
collection services for sewer accounts receiving water from private water companies:
1. If the Town agrees to provide billing and collection services for these accounts,. the County shall pay
fees as described in Article 3. — Financing.
The County shall provide the following services for the Town:
A. Adjust the Town sewer user fee accounts as required.
B. Answer sewer user complaints from the Town customers.
C. Accept responsibility to collect all delinquent sewer accounts served by the Town after they have been
written off to bad debt expense by the Town.
C.
D. Inspect and identify any computer errors and notify the Town of any necessary changes.
2
6
E. The County and Town will review and adjust the monthly administrative billing fee on an annual
basis, provided the fees are appropriate.
F. The County and the Town agree to provide security measures for all hardware and software to assure
confidentiality of all data. Each entity is to provide security for its own facility and information.
8
Regular Council Meeting - April 19, 2011 - Page 51 of 84
ARAN
MARANA TOWN COUNCIL
STUDY SESSION
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Board Room, April 5, 2011, at or after 6 00"IP .
Ed Honea, Mayor a
Herb Kai, Vice Mayor""'. �-
Russell Clanagan, Coun4 ember
Patti Comerford, Council Member
Carol McGorray, Qv
il Metrlber
Jon Post, Council° ber & gyp
Roxanne Ziegler, Counci U hber
STLPY SESSION s,
CALL TO ORDER AND ROLL CALL����
Mayor Honea called the nettng to orderat 5,8 p n Clerk Bronson called roll.
Council Members Zie 4yost were excused. There was a quorum present.
PLEDGE OF ALtEd*CE/INVOCATION MENT OF SILENCE
Dispensed with until the - la"' by M yor Honea.
APPROVAL OF Ad A
Mottn� approve moved by Coon Member McGorray, second by Vice Mayor Kai.
0 k
Motaon d unanimously.
DISCUSSION7IRECTIQN/POSSIBLE ACTION
D 1: Presentation e1, -'- to Administration; public presentations by candidate
finalists for the Depute own Manager position (Suzanne Machain)
Ms. Machain explained the assessment process for the deputy town manager position,
starting with a pictorial resume presentation on Monday. Tonight's presentations are an
opportunity for Council to meet the candidates and let the candidates present on one of
the five focus areas related to the town's Strategic Plan. The presentations are timed for
5 -8 minutes. She also noted that staff is requesting feedback from Council. There was
also a summary profile for each of the candidates.
Regular Council Meeting - April 19, 2011 - Page 52 of 84 1
April 5, 2011 Study Session Minutes
The presentations were given in alphabetical order by last name starting with Kristy
Aday, who presented on Progress and Innovation with an emphasis on employees. Next
was Roger Kolman, who presented on Commerce. Scott Moore presented on
Community Building. Next, Del Post presented on Commerce. Last, Alison Zelms
presented on Progress and Innovation.
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.
ADJOURNMENT
Mayor Honea adjourned the meeting at 6:44 p.m.„
CERTIFICATION
I hereby certify that the foregoing are the true and corre ' mutes of the Marana Town
Council Study Session held on April 5, 2011. I fur,, that a d rum was present.
Jocelyn C. Bronson, Town Clerk
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Regular Council Meeting - April 19, 2011 - Page 53 of 84 2
April 5, 2011 Study Session Minutes
A�
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REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, April 5, 2011, at or after 7:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
Russell Clanagan, Council Meer
�:
Patti Comerford, Council M�1iber
Carol McGorray, CounciJMember
Jon Post, Counci
Roxanne Ziegler, C�cil Member
REGULAR COUNCIL STING
CALL TO ORDER AND ROLL CALF
Mayor Honea called the meeting to or&f, ; Q�3 p.m. Towns � eik Bronson called roll.
Council Member Ziegler was excused 'Thei6` �a,quorum resent.
PLEDGE OF ALLEGIANCQ E iNNOCATION' OMENT OF SILENCE
Holly Hitchcock, Jut
tir M1sspy
Mayor Honea annou�Ced that ]Ully Hitchcock would be leading the pledge, following
by a brief presentation 6!be hz #ory, of the poppy and the poppy program. Miss
Hitchcock 1S the„ unior Miqs Poppy fm` 0"', r #73.
APPROVAL OF AGL`A V
Coundl4lember Comea�l made d'motion to approve the agenda with the removal of
Item B.1 until the next m seconded by Vice Mayor Kai. Motion carried
unanimously ;
�
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CALL TO THE P�
PROCLAMATIONS -
Municipal Clerks Week Proclamation
Mayor Honea asked that in lieu of Ms. Bronson reading the proclamation, the audience
give her a pat on the back for the great job she does for the community.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Comerford reported on the police department's Tip -A -Cop event
tonight at the Texas Roadhouse to raise money for the Southern Arizona Special
Olympics. She expressed her pride in Marana's officers for supporting this worthwhile
cause. She also commended the Mayor on his State of the Town speech last week. She
Regular Council Meeting - April 19, 2011 - Page 54 of 84 1
April 5, 2011 Council Meeting Minutes
also expressed pride in him and the staff and the kudos from many people she spoke to
during the event. She also thanked Ed Stolmaker from the Chamber for his work on the
event.
Council Member McGorray reported that she attended the Little League opening on
Saturday and watched her grandson play his first T -Ball game.
Mayor Honea thanked the many people who helped with the State of the Town function,
noting that it was a collaborate effort and could not have happened without all the support
he received. He also mentioned that Georgia Acker, a long -time community member,
passed last week after a lengthy illness. There will be a celebration of life for her at the
senior center on Saturday April 16, 2011.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENT�
Mr. Davidson reported that he is very close to selecting a Deputy Town Manager. He
introduced the five candidates who were in the audience. .
PRESENTATIONS
CONSENT AGENDA
Motion to approve moved by Council Member d seconds by Council Mem ber
Comerford. Motion carried unanimously.
C 1: Resolution No. 2011 -39: Relaing to Real Estate, mating a portion of the former
Camino de Mariana public right -of -w� t the Town no'1�er needs as a result of the
completion of the Twin Peaks Traffic I�o
C 2: Resolution No. 2011-40: Relating tci , �- Rea,
Irt stat idoning and reclassifying
Sandario Road public ay located 1ffiin the Northeast Quarter of Section 10,
Township 12 South R nge 1 I llat, Gila and It River Base and Meridian, Pima
County, Arizona
� k\l \ 3\
C 3: Resol 4n , .201 el t rXg tc livironment; approving and authorizing the
Town of jMarana OR, into Ater- agency Service Agreement with the Arizona Game
Rm
and Fi Department f atudies retatpd -to wildlife studies related and biological surveys
C 4: Mind*_, f the March IS, 20171 regular council meeting and the March 22,
2011 study s�n
LIQUOR LICENSW z , > , 4,
BOARDS, COMMISSIONS AND COMMITTEES
B 1: Resolution No. 2011 -42: Relating to Boards, Commissions and Committees; re-
appointing Tamara Westberg and Larry Steckler to the Parks & Recreation Citizen
Advisory Commission
Moved to the April 19, 2011 meeting during the approval of the agenda.
COUNCIL ACTION
ITEMS FOR DISCUSSION /POSSIBLE ACTION
Regular Council Meeting - April 19, 2011 - Page 55 of 84 2
April 5, 2011 Council Meeting Minutes
D 1: Legislative /Intergovernmental Report: regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies
Josh Wright gave an update of the legislative action to date. He indicated that the
Legislature would be actively working on bills for the next two weeks now that the
Budget was close to being finished. He also reported on the items from the budget that
will have some impact on cities and towns.
EXECUTIVE SESSIONS
E l: 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. § 38-431.03Q,
d (7), discussion or
consultation for legal advice with the Town's attorneys a discuses and to consider its
position and instruct the Town Manager and staff c,, 1" (1) the ( quit entitled
Town of Marana v. Pima County/Pima County v, Iarana�(consolidatei) ancopa
County Superior Court No. CV2008- 001131, (2J nding legal issues, settlO "it
discussions and contract negotiations relating tot ansi :of Marana wastewater
collection and treatment to the Town of Marana'°
FUTURE AGENDA ITEMS
ADJOURNMENT
Motion to adjourn moved by Council MerercGoir cond by Council Member
Clanagam Motion car, nimously.
The meeting was adjo6"�M'ed at 1 p.m.
CERTIFICATION -
I hereby pify h #
are � are the true and correct minutes of the Marana Town
Counotineeting held ri15, J , further certify that a quorum was present.
Jocelyn C. Bon, Town'O,
erk
Regular Council Meeting - April 19, 2011 - Page 56 of 84 3
April 5, 2011 Council Meeting Minutes
AAN
To" 0#
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, April 19, 2011, 7:00:00 PM
To: Mayor and Council Item A 1
From: Lisa Shafer , Interim Planning Director
Strategic Plan Focus Area:
Not Applicable
Subject: O rdinance No. 2011.11: Relating to Development; amending Ordinance No. 2002.18
as to the allowable disturbance percentage for 5275 W. Desert Falcon Lane (APN:
216- 25 -012B)
Discussion:
History
On November 5, 2002 the Town Council adopted Ordinance 2002.18, which rezoned
appproximately 431 acres of land generally located south of the Camino del Norte alignment
and west of Camino de Oeste from "F" (Hartman Hills Specific Plan) to "R -36 ". This ordinance
established the total site/lot disturbance at 30 percent.
On November 7, 2006 a building permit was issued to build a home on a one acre lot located at
5275 W. Desert Falcon Lane; disturbance was limited to 30 %. The property and house was
subsequently sold to Mark and Denise Bartlett in January 2010. In early 2011, Mr. Bartlett
inquired about building a pool in his backyard. It was then discovered that the previous owner
had disturbed as much as 52% of the property. Mr. Bartlett was unaware of any disturbance
limitations.
Request
Mr. Bartlett has agreed to re- vegetate 17% of the property with native vegetation in exchange for
an increase to his allowed disturbance from 30% to 35% in order to build a pool. Since Mr.
Bartlett was not responsible for creating the disturbance, and will re- vegetate some of the
property, the Planning Department has no objection to this request.
ATTACHMENTS:
Name: Description: Type:
O Ordinance amendment to_Ord 2002._18
(00026031).DOC Ordinance Ordinance
O PCM- 11019_Conceptual Site_Plan.pdf Conceptual Site Plan Exhibit
0 PCM- 1101.9_Request_Letter.pdf Request Letter Backup Material
O PCM- 11019_Re- vegetation Plan.pdf Re- vegetation Plan Backup Material
Regular Council Meeting - April 19, 2011 - Page 57 of 84
Staff Recommendation:
Staff recommends an increase to the allowed disturbance for 5275 W. Desert Falcon Lane (APN:
216 -25 -01213) from 30% to 35% upon revegetation of any areas in excess of this amount.
Suggested Motion:
I move to adopt Ordinance 2011.11; amending the disturbance limitations of Ordinance 2002.18
for 5275 W. Desert Falcon Lane.
Regular Council Meeting - April 19, 2011 - Page 58 of 84
MARANA ORDINANCE NO. 2011.11
RELATING TO DEVELOPMENT; AMENDING THE ALLOWABLE DISTURBANCE
PERCENTAGE OF ORDINANCE 2002.18 AS APPLIED TO 5275 W. DESERT FALCON
LANE (APN: 216- 25 -012B)
WHEREAS the Town Council adopted Ordinance No. 2002.18 (amended) on January 23,
2003, approving the rezoning of 431 acres generally located south of the Camino del Norte
alignment, west of Camino de Oeste, within portions of Sections 1, 11 and 12, Township 12
South, Range 12 East and a portion of section 7, Township 12 South, Range 13 East; the Hart-
man Hills Specific Plan; and
WHEREAS Section 2 condition 3 of Ordinance No. 2002.18 established a maximum to-
tal site disturbance of 30 %; and
WHEREAS the previous owners of 5275 W. Desert Falcon Lane (APN: 216- 25- 012B),
( "the Bartlett Property ") exceeded this disturbance amount by over 20 %; and
WHEREAS the current owners of the Bartlett Property are willing to revegetate the pre-
viously disturbed areas to a total disturbance of 35 %.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. The maximum allowable disturbance percentage found in condition 3 of
Section 2 of Ordinance No. 2002.18 is amended as it applies to 5275 W. Desert Falcon Lane, in-
creasing the total allowable lot disturbance, including revegetated areas, to 35 %.
SECTION 2. BE IT FURTHER ORDAINED THAT the property owners of 5275 W.
Desert Falcon Lane shall, as a condition of this amendment, revegetate any previously disturbed
areas in excess of the 35% allowable area.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 19 day of April, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - April 19, 2011 - Page 59 of 84
100026031.DOC /}
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March 26, 2011
Robert Clements
Planning Department
Town of Marana
RE: Land Disturbance Calculations for 5275 W Desert Falcon Ln & request for variance
Dear Bob,
I appreciate the help and assistance you've provided us and by working with us to develop a plan that is
beneficial to the Town and to us. For background, the lot area was excessively disturbed by the prior
owner and builder sometime between 2007 and 2008, two years before we purchased the property.
We were unaware of ordinance 2002.18 and its affect on this property when we purchased it in 2010.
At a cost of $1000, we had the land mapped and areas calculated by a Registered Land Surveyor. I
provide a summary of the calculations below to show the re- vegetation improvements that will return a
total of 16.5% of the lot area to native Arizona desert conditions. We are willing to do this if the City
Council will approve a variance in total disturbed area from 30 / (ordinance 2002.18) to 35%, which
allows us to build the small pool we've always dreamed of owning.
Accompanying this letter is a re- vegetation outline prepared by Cutler Landscaping and Design which
generally specifies the work to be done in each vegetation area. There are two types of area; those
shown in yellow simply need to be planted, and those shown in purple need to have the DG removed
and be replanted. A detailed and specific plan will be created if the Council approves this request.
Calculations
Below are the calculations of land disturbance today, not counting the Desert Falcon Easement.
Lot size: 43,614 sq. ft.
Current State
House grading area: 11,840
Driveway: 1,495
Well Area 825
Disturbed (outside of east wall)
Disturbed (Leach Field) 4,725
Disturbed (East Easement) 2,318
Disturbed (North, East driveway) 970
Disturbed (N, DF out of easement 500
Total today: 22,673
Percentage today: 52.0%
1 need 1,250 sq. ft to build a pool and enclose a small backyard with the required 5 -foot tall wall (see
map, area in green). Because all of this work is already on disturbed ground, there is no additional
increase in currently disturbed area.
Regular Council Meeting - April 19, 2011 - Page 61 of 84 pc
We propose to re- vegetate the following areas at our cost:
Leach Field (S, yellow, less pool area) = 4,725 -1,300 = 3,475
East area outside of easement = 2,318 -727= 1,591
Well area outside of necessary 20x20' easement = 425
Northeast DG (labeled graded area 2, purple)= 970
Backside of East wall (purple) = 500
Disturbed area outside of DF easement (north, purple) 500
Total area to be re- vegetated = 7,468 sq. ft.
Percentage to be re- vegetated = 17.1%
After building the pool and re- vegetating these disturbed areas with native Arizonan plants, the
resulting total disturbance is:
Current disturbance — Revegetation = 22,673 — 7,468 = 15,205 sq. ft.
The resulting total area disturbed = 15,205/43,614 = 34.86%
As you can see this would greatly improve the existing condition of the lot by re- vegetating an additional
17.1 % of the area at no cost to the Town of Marana. We get a small pool and backyard without
disturbing any additional native desert land.
We sincerely request your approval of this plan and your support with the Town Council.
Sincerely,
Mark & Denise Bartlett
Regular Council Meeting - April 19, 2011 - Page 62 of 84
Ap 4, 2011
Robert 3. Clement
Planning Department/Development Services
Town of Maran
1 W. Civic Center Drive Bldg. A2
Mararia, AZ 85653 -7003
(520) 382 -2600
(520) 382 -2639 Fax
(520) 38-3499 ITY
rclenerits m aw�rr�
Re: Re-vegetation on of disturbers property at 5275 W. desert Falcon Lane
Mar na, AZ 85742, lurk and Denise Bartlett Residence.
Dear Robert,
Cutter Landscaping, Inc. will provide the professional re-vegetation
requirements that the Town of Marana has requested for the re-vegetation
for the above referenced property.
Please review the attached Proposal with Scope of Work. If there are any
questions that you have please feel free toc ontact me.
a you,
P ul' d. Cutler
President
Cutler Landscaping, Inc.
5461 W. Cortaro Farms lid.
Tuc son, AZ 85742
(520) 423` -16 Cell �..
(520 )579 -1800 Office
culler tlerlri sce in quo
PC' _//61
Office: 520.57,9_18W - Cell. 520-42% 1 -Fair 5m5791446 cutlandinc aoixorn w ww.cut ong,t €
5461 W. Cortaro Farms pct. § Tucson, A ilzona 95742 , Showroom Shown by Appointment
i i yY.
19, 2011 - Page � s8�. 80a de Insured � 'Residential: 066983 -C-21
CUTLE I—AN13SCAPING
Apr 4, 2011
Mark and Denise Bartlett Residence
5275 W. Desert Falcon line
Marana, A7 85742
Sco pe of W ork
Project Address
5275 W. Desert Falcon lane
ar na 85742
Are to be re and applied with 'Hydro - seed mix:
Leach Fief (5, yellow, less pool area) = 4,725-1,300 = 3,475'
East area outside of easement = 2,318 - 727 = 1,591:
Well area outside of necessary 20'x 20' easement = 425
Northeast DG (labeled graded area 2, purple) 974
Backside of East wall (purple) = 500
Disturbed area outside of DF easement (north, purple) = 500
Total area to be re- vegetated 7,458 sq. ft.
Percentage to be re- vegetated 17.1
Re plant list (species)
Mote; These plants species are existing in this region as well as on and
around project address.
Velvet Mesquite - Prosopis velutina (6) 15 gallon
Foothills Palo Verde- Cercidlum micophyllumi (3) 15 gallon
Desert Hackberry - Celtis pallid (3) 15 gallon
Ironwood - Olneya tesot (3) 15 gallon
White Thorn Acacia - Acacia constricts (3) 15 gallon fi ll 0
Ca la A a c i +r'r 15 �a�lln
fi ore. 2€9 t c1 axe 520.577,64961 s cutlan ince'aOU t er a
. 2V 9. S � g ji g d 1 W orta s ar ~. c c t1n, An na a 7 2 . S resrvr4orn ttawrs try ppcaint e 2011 - Page 6+� vd Bonded, Inst « Residential. % 3 - - 21 omme €cial' 099351 - - 2t
t�
WOO"- �M
CUTLER LANDSCAP)ING
C reosote bush - Larr" tridentate (9) 5 gallon,
Englemann's pear Opuntia engelmannii gallon
ngelmann °s hedge hog Echinocereus engelmannli ) 5 gallon
Buckhorn cholla - Opuntia acan'thocarpa {2} 5 gallon
Stagehorn cholla - Opuntia versicolor (7) 5 gallon
Chainfruit' cholla - Opuntia fulgida (7) 5, gallon >.
Triangleleaf bursage - Ambrosia deli Idea (240) 1 gallon
Hyd ro - seed proposal
Proposed Seed Mix - Species bate (PLS/'ACRE)
Velvelt mesquite,
Foothills papa verde, 2
[desert hackberry 2
Ironwood; 2`
Triangleleaf bursage
Desert senna 2
Dyssodia .2
Parry penstemon 4
Desert marigold
Mexican gold poppy 2
California bluebells 2
This seed mix will be applied with 1800pounds per acre wood filer mulch,
100 pounds per acre plantago tacklfier and 250 pounds per acre ammonium
phosphate fertilizer.
Office: 52&5 79.190 $ tell: 520 AM 1606 Fax: 520.5 9164 6 ¢ c Zh1n nC ao1xo ww .cut €eT1a ndscaphn9.cct � E
t .
Co farms Ind, - ' cson, Aflz na 85742 - Showroom Shown iy ppoint€ ent r 7 • n , F ,
x
m 719, 2011 - Page fi6rrcifsE3r� rbnded, Insured e 3d nti�t: 0669i83-C-
ANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, April 19, 2011, 7:00:00 PM
To: Mayor and Council Item A 2
From: Suzanne Machain , Human Resources Director
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to the Police Department; appointin three members of the Marana Town
Council to the Contract Review Committee ( pursuant to Section 5 -9 of the
Memorandum of Understanding between the Town of Marana and the Marana Police
Officers' Association and appointing one of those three Council member appointees as
the chair of the CRC
Discussion:
The Marana Police Officers' Association (MPOA) Memorandum of Understanding (MOU)
provides a process for resolving disputes or difference in interpretation of the MOU through a
Conference Board composed of Police Department management and MPOA members. If a
dispute cannot be resolved to the satisfaction of either the Association or the Town throu h this
process, either party may request a hearing before the Contract Review Committee (CRCJ. The
Contract Review Committee is charged with making a recommendation of action to the full
Town Council regarding resolution of the dispute.
Pursuant to the provisions of the MOU, the Contract Review Committee is composed of five
members: three current Town Council members appointed by the Mayor and Council, and two
Marana citizens, one each appointed by the Town Manager and the MPOA. In addition, the
Mayor and Council must appoint one of the Council members appointed to the Committee to
serve as the chair of the CRC.
At this time, it is requested that the Mayor and Council select and appoint three Council members
to serve on the Contract Review Committee, with one of those appointees being designated as the
chair of the CRC. Committee members shall serve a term of one year and will automatically be
held over unless replaced.
ATTACHMENTS:
Name: Description: Type:
No Attachments Available
Staff Recommendation:
It is recommended that the Mayor and Council select and appoint three of its members to serve
Regular Council Meeting - April 19, 2011 - Page 66 of 84
on the Contract Review Committee, with one of those appointees being designated as the chair of
the CRC.
Suggested Motion:
I move to appoint Council members and to the
Contract Review Committee and to appoint to serve as the chair.
Regular Council Meeting - April 19, 2011 - Page 67 of 84
ARAN
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, April 19, 2011, 7:00:00 PM
To: Mayor and Council Item A 3
From: Suzanne Machain , Human Resources Director
Strategic Plan Focus Area:
Community Building, Recreation
Strategic Plan Focus Area - Additional Information:
The "Community Building" and "Recreation" focus areas of the Marana Strategic Plan contain
multiple initiatives and action strategies that are supported by this resolution, including "develop
and identify a marketing/branding strategy and outreach program," "create and implement
marketing and outreach efforts that promote Marana as a recreation and tourism destination," and
"evaluate the benefits of hiring a marketing professional for the Town."
Subject: Resolution No. 2011 -45: Relating to Personnel; approving an amendment to the
Fiscal Year 2010 -2011 classified salary schedule; adding the position title of Graphics
Designer and establishing a salary grade for the position
Discussion:
The attached resolution accomplishes an amendment to the Town's current FY 2010 -2011
Classified Salary Schedule, adding the classification title of Graphics Designer at salary grade 19
(minimum annual salary $43,008 - maximum annual salary $64,512).
The primary work assigned to this classification is coordination, production, design and
implementation of graphic design projects for management and Town departments. Work will
involve making decisions within a delegated scope of public information activities, establishing
and maintaining effective relations with employees and the public, and providing other
professional staff and administrative support. The position will be expected to perform quality
graphics designing and illustration work of considerable difficulty.
The addition of this position to the new Strategic Initiatives department will enable staff to
continue building a unique brand for Marana, including a consistent theme in all publications
produced across departments. When added to the talents of the existing Public Information
Officer position, the Graphics Designer position also facilitates the creation of a true
"communications and marketing" unit that will be able to provide a targeted, consistent voice for
Marana programs and initiatives through print and electronic media platforms.
A comparison of salary data collected from comparator agencies in Arizona, in addition to
internal equity alignment among other Town classifications, supports assignment of this new
classification to grade 19.
Regular Council Meeting - April 19, 2011 - Page 68 of 84
Financial Impact:
An existing budgeted position will be utilized for this new classification designation. Associated
costs in filling a Graphics Designer position will be covered by salary savings within the Town
Manager's Office budget.
ATTACHMENTS:
Name: Description: Type:
D Resolution—classified—salary—schedule—amendment —
(00025985).DOC Resolution Resolution
EJ FY_201 0- 1.1_Salary_Schedule.xis FY 2010 -2011 Classified Salary Schedule Backup Material
Staff Recommendation:
Staff recommends that the FY 2010 -2011 Classified Salary Schedule be amended to include the
new classification of Graphics Designer at salary grade 19.
Suggested Motion:
I move to adopt Resolution No. 2011 -45, approving an amendment to the Fiscal Year 2010 -2011
classified salary schedule; adding the position title of Graphics Designer and establishing a salary
grade for the position.
Regular Council Meeting - April 19, 2011 - Page 69 of 84
MARANA RESOLUTION NO. 2011-45
RELATING TO PERSONNEL; APPROVING AN AMENDMENT TO THE FISCAL YEAR
2010 -2011 CLASSIFIED SALARY SCHEDULE; ADDING THE POSITION TITLE OF
GRAPHICS DESIGNER AND ESTABLISHING A SALARY GRADE FOR THE POSITION
WHEREAS the Marana Town Code, Section 3 -3 -1, provides that the Town Council shall
adopt a personnel system for classified employees of the Town; and
WHEREAS the Town's Personnel Policies and Procedures, Policy 3 -3, provides that the
Town Manager shall ensure the preparation, development and maintenance of a classification
plan for classified employees and that any amendments to the plan require the approval of the
Town Council; and
WHEREAS the Town's Personnel Policies and Procedures, Policy 3 -4, provides that the
Town Council shall adopt a salary schedule for classified employees and that any amendments to
the schedule require the approval of the Town Council; and
WHEREAS on June 15, 2010, the Town Council adopted a classified salary schedule for
FY 2010 -2011; and
WHEREAS the Town Council finds that amending the Town's classified salary schedule
as set forth in this resolution is in the best interests of the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town of Marana hereby approves the amended classified salary
schedule, attached to and incorporated by this reference in this resolution as Exhibit A.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to implement the amended classified
salary schedule in Exhibit A.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 19 day of April, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - April 19, 2011 - Page 70 of 84 {00025985.DOC /}
Town of Marana
CLASSIFIED SALARY SCHEDULE*
FY 2010 -2011
e e
Grade 10 $18,240 $22,800 $27,360 Annual
Document Imaging Clerk Nonexempt $1,520.00 $1,900.00 $2,280.00 Monthly
Recreation Aide Nonexempt $8.77 $10.96 $13.15 Hourly
Reproduction/Supply Clerk Nonexempt
Transcriptionist Nonexempt
Grade 11 $20,064 $25,080 $30,096 Annual
Mail Carrier /Courier Nonexempt $1,672.00 $2,090.00 $2,508.00 Monthly
Office Support Assistant Nonexempt $9.65 $12.06 $14.47 Hourly
Recreation Center Attendant Nonexempt
Grade 12 $22,072 $27,590 $33,108 Annual
Customer Service Specialist Nonexempt $1,83933 $2,299.17 $2,759.00 Monthly
Laborer Nonexempt $10.61 $13.26 $15.92 Hourly
Recreation Assistant Nonexempt
Recreation Leader Nonexempt
Grade 13 $24,280 $30,350 $36,420 Annual
Accounts Payable Clerk Nonexempt $2,02333 $2,529.17 $3,035.00 Monthly
Court Clerk Nonexempt $11.67 $14.59 $17.51 Hourly
Customer Service Clerk Nonexempt
Engineering Assistant Nonexempt
Human Resources Technician Nonexempt
Grade 14 $26,704 $33,380 $40,056 Annual
Accounting Clerk Nonexempt $2,225.33 $2,781.67 $3,338.00 Monthly
Administrative Secretary Nonexempt $12.84 $16.05 $19.26 Hourly
Court Security Guard Nonexempt
Facilities Technician Nonexempt
Fleet Technician I Nonexempt
Human Resources Coordinator Nonexempt
Grade 15 $29,376 $36,720 $44,064 Annual
Agenda & Records Clerk Nonexempt $2,448.00 $3,060.00 $3,672.00 Monthly
Court Collections Specialist Nonexempt $14.12 $17.65 $21.18 Hourly
Courtroom Specialist Nonexempt
Executive Assistant Nonexempt
Inmate Services Coordinator Nonexempt
Maintenance Worker Nonexempt
Permit Clerk Nonexempt
Senior Accounting Clerk Nonexempt
Small Engine Mechanic Nonexempt
Utility Billing Specialist Nonexempt
Water Backflow Specialist Nonexempt
Grade 16 $32,312 $40,390 $48,468 Annual
Development Coordinator Nonexempt $2,692.67 $3,365.83 $4,039.00 Monthly
Engineering Aide Nonexempt $15.53 $19.42 $23.30 Hourly
Fleet Technician I1 Nonexempt
Heating, Ventilating & Air Conditioning (HVAC) Technician Nonexempt
Planning Technician Nonexempt
Plans Review Technician Nonexempt
Project Coordinator Nonexempt
Recreation Programmer Nonexempt
Right of Way Inspector Nonexempt
Senior Permit Clerk Nonexempt
Signal Technician I Nonexempt
Water Operator I Nonexempt
Grade 17 $35,544 $44,430 $53,316 Annual
Administrative Manager Exempt $2,962.00 $3,702.50 $4,443.00 Monthly
Acceptance Inspector Nonexempt $17.09 $21.36 $25.63 Hourly
Computer Technician Nonexempt
Regular Council Meeting - April 19, 2011 - Page 71 of 84
Town of Marana
CLASSIFIED SALARY SCHEDULE*
FY 2010 -2011
f
Construction Inspector Nonexempt
Electric Pump & Well Technician Nonexempt
Geographic Information Systems (GIS) Technician Nonexempt
Legal Assistant Nonexempt
Maintenance Coordinator Nonexempt
Real Property Acquisition Agent Exempt
Records & Elections Coordinator Exempt
Senior Administrative Assistant Nonexempt
Senior Maintenance Worker Nonexempt
Signs & Markings Technician Nonexempt
Water Line Construction Inspector Nonexempt
Water Operator II Nonexempt
Grade 18 $39,096 $48,870 $58,644 Annual
Building Inspector I Nonexempt $3,258.00 $4,072.50 $4,887.00 Monthly
Contracts Analyst Exempt $18.80 $23.50 $28.19 Houry
Council Liaison Exempt
Court Probation Monitor Nonexempt
Curation Specialist Exempt
Foreman Nonexempt
Grants & Housing Coordinator Exempt
Housing Rehabilitation Specialist Exempt
Human Resources Analyst Exempt
Management Assistant Exempt
Payroll Administrator Exempt
Recreation Coordinator Exempt
Senior Real Property Acquisition Agent Exempt
Signal Technician II Nonexempt
Special Events Coordinator Exempt
Water Line Inspector/Plan Reviewer Nonexempt
Grade 19 $43,008 $53,760 $64,512 Annual
Building Inspector II Nonexempt $3,584.00 $4,480.00 $5,376.00 Monthly
Community Response Manager Nonexempt $20.68 $25.85 $31.02 Hourly
Code Enforcement Officer Nonexempt
Deputy Town Clerk Exempt
Engineering Technician Nonexempt
Facilities Maintenance Supervisor Exempt
Geographic Information Systems (GIS) Analyst Nonexempt
Graphics Designer Nonexempt
Management & Budget Analyst Exempt
Planner I Nonexempt
Plans Examiner Exempt
Police Telecommunications Supervisor Nonexempt
Risk Management & Safety Coordinator Exempt
Senior Accountant Exempt
Grade 20 $47,312 $59,140 $70,968 Annual
Community Relations/Public Information Officer (PIO) Exempt $3,942.67 $4,928.33 $5,914.00 Monthly
Contract Administrator Exempt $22.75 $28.43 $34.12 Hourly
Court Supervisor Nonexempt
Database Analyst Nonexempt
Environmental Project Coordinator Exempt
Network Technician Nonexempt
Parks Supervisor Exempt
Planner 11 Exempt
Police Records Supervisor Nonexempt
Project Control Specialist Exempt
Regular Council Meeting - April 19, 2011 - Page 72 of 84
Town of Marana
CLASSIFIED SALARY SCHEDULE*
FY 2010 -2011
a ,
Public Safety Technology Specialist Nonexempt
Purchasing Coordinator Exempt
Senior Administrative Manager Exempt
Signal Technician III Nonexempt
Utilities Services Supervisor Exempt
Utilities Technology Analyst Nonexempt
Grade 21 $52,040 $65,050 $78,060 Annual
Civil Engineer Exempt $4,336.67 $5,420.83 $6,505.00 Monthly
Crime Scene/Property & Evidence Supervisor Exempt
Facilities & Fleet Services Manager Exempt
Police Telecommunications Manager Exempt
Permit Center & Records Manager Exempt
Senior Human Resources Analyst Exempt
Senior Network Analyst Exempt
Software Engineer Exempt
Senior Plans Examiner Exempt
Superintendent Exempt
Utilities Coordinator Exempt
Grade 22 $57,248 $71,560 $85,872 Annual
Associate Town Attorney Exempt $4,770.67 $5,963.33 $7,156.00 Monthly
Chief Building Inspector Exempt
Construction Manager Exempt
Employee Relations Administrator Exempt
Prinicple Plans Examiner Exempt
Senior Geographic Information Systems (GIS) Analyst Exempt
Technology Supervisor Exempt
Traffic Engineer Exempt
Grade 23 $62,968 $78,710 $94,452 Annual
Assistant Town Attorney Exempt $5,247.33 $6,559.17 $7,871.00 Monthly
Capital Improvement Project (CIP) Manager Exempt
Cultural Resources Manager Exempt
Database Administrator Exempt
Economic Development Administrator Exempt
Finance Manager Exempt
Intergovernmental Affairs Administrator Exempt
Planner III Exempt
Police Lieutenant Exempt
Senior Software Engineer Exempt
Utilities Operations Manager Exempt
Grade 24 $69,264 $86,580 $103,896 Annual
Construction Division Manager Exempt $5,772.00 $7,215.00 $8,658.00 Monthly
Court Administrator Exempt
Engineering Division Manager Exempt
Grade 25 $76,192 $95,240 $114,288 Annual
Assistant Public Works Director Exempt $6,349.33 $7,936.67 $9,524.00 Monthly
Assistant Utilities Director Exempt
Assistant Planning Director Exempt
Principle Assistant Town Attorney Exempt
Traffic Division Manager Exempt
Grade 26 $83,816 $104,770 $125,724 Annual
Deputy Town Attorney Exempt $6,984.67 $8,730.83 $10,477.00 Monthly
*Excludes positions covered under the MPOA Memorandum orUnderctanding Adopted 7/1/2010
* *Fair Labor Standards Act Revised 4/19/2011
Regular Council Meeting - April 19, 2011 - Page 73 of 84
ANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, April 19, 2011, 7:00:00 PM
To: Mayor and Council Item D 1
From: Gilbert Davidson , Town Manager
Strategic Plan Focus Area:
Not Applicable
Subject: Legi slative/Intergovernmental Report: regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies
Discussion:
This item is scheduled for each regular council meeting in order to provide an opportunity for
discussion of any legislative or regional intergovernmental item that might arise. Periodically, an
oral report may be given to supplement the Legislative Bulletins.
ATTACHMENTS:
Name: Description: Type:
❑ 2011 . Legislative—Bulletin—#-1 3.pdf Legislative Bulletin #13 Backup Material
❑ 2011—Legislative—Bulletin 4.pdf Legislative Bulletin #14 Backup Material
Staff Recommendation:
Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative /intergovernmental issues.
Suggested Motion:
Mayor and Council's pleasure.
Regular Council Meeting - April 19, 2011 - Page 74 of 84
League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 5
League of Anzona
I ti __ I OW
Legislative Bulletin —
ISSUE 13 - APRIL 1, 2011
Legislative Overview
Today is the 82nd day of the first session of Arizona's 50th Legislature. Outside of appropriations, legislative activity
nearly ground to a halt this past week as high -level negotiations proceeded on the budget for fiscal years 2011 -12.
By the end of the week, a budget deal had been reached between the House, Senate and Governor.
Now that a budget deal has been consummated, the pace of legislative activity is expected to accelerate next
week, as the House and Senate work to wrap up the session. The League is optimistic that, barring special sessions,
the Legislature is entering its final weeks of business for the year.
Budget Bills Approved in House; No Changes to Urban Revenue Sharing
After an all -night session, the House passed its version of the state budget shortly after sunrise Friday morning. The
House budget more closely resembles the Senate budget than Governor Brewer's original proposal. The final
package, however, was the result of negotiations among the Governor's office and legislative leadership in both
chambers.
The House adopted those provisions of the Senate bill with direct fiscal impacts on cities and towns. Accordingly,
cities and towns face a total impact of $46.1 million. The House budget (like the Senate's budget and Governor's
proposal) imposes a fee of $7 million on municipalities to help fund the Arizona Department of Water Resources. It
also diverts $39 million from the Highway User Revenue Fund (HURF) that would otherwise go to cities and towns. Of
this amount, $12.8 million is shifted to Department of Public Safety and $26.3 million is transferred to the Arizona
Department of Transportation for Motor Vehicle Division operations. Click here for details. There is no change to any
of the other formula - distributed shared revenue funds. (See page 5 for the summary)
The House budget also changes the Arizona State Retirement System (ASRS) contribution rates for employees and
employers, transitioning from the current 50 -50 split to a formula under which employees pay 53% of the costs and
employers pay 47 %. The State's 3% savings under this formula will benefit the General Fund. Cities and towns in the
ASRS system could also realize a 3% savings from their current contribution rates.
The Senate is expected to agree to the House changes, and the Governor is expected to sign the budget bills.
Impact Fee Talks Continue
Lengthy discussions regarding impact fee legislation continued this week among the League and the homebuilding
industry. Representatives of the Governor, the House Speaker and the Senate President also participated in the
Regular Council Meeting - April 19, 2011 - Page 75 of 84
League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 5
discussions. Negotiators addressed the specific language of SB 1525 (city; town, development fees), the bill
authored by the homebuilders that fundamentally changes Arizona's development fee statutes and jeopardizes the
ability of cities and towns to administer them. While there were some points of agreement, a significant number of
issues remain unresolved. Talks will continue next week, when participants will review a new amendment to be
presented by the homebuilders. House Speaker Kirk Adams (R -Mesa) admonished the group to find "compromise' and
said he did not want this issue to come up yet again next year. Once we receive new language from the
homebuilders, we will distribute it to municipalities for review and comment.
Managed Competition
The House Rules Committee has yet to approve SB 1322 (managed competition; city services). The League continues
to strongly oppose this legislation, which mandates comprehensive private competition for city services. The bill
provides that, with certain exceptions, all city services valued in excess of $75,000 must be subject to private
sector competition. By establishing a population threshold of 500,000, the measure currently applies only to Tucson
and Phoenix. The sponsor of the measure, however, has signaled his intention to expand its application to all
Arizona cities and towns in the future. All municipalities, regardless of size, are encouraged to ask their
Representatives to oppose SB 1322 as a massive and improper interference in matters of purely local concern.
Apartment Trash Collection
Early this week, Senator Gail Griffin (R- Hereford) accepted an amendment to her bill, SB 1204 (trash collection;
multifamily housing). The legislation mandates that private waste haulers be given the opportunity to contract for
the removal of trash from apartment complexes. The amendment, negotiated by stakeholders, excludes mobile
home parks from the mandate and extends the effective date of the legislation to the end of 2016. The League
thanks Senator Griffin for her cooperation. The bill now proceeds to the House Committee of the Whole.
Regulatory Reform
HB 2501 (rules; laws; ordinances; interpretation) was approved by the Senate Rules Committee on Monday and
caucused on Tuesday. The bill establishes that any amibiguous rule, ordinance or law related to permitting,
licensing or zoning must be interpreted in favor of the party challenging its clarity. The League continues to oppose
the measure.
Photo Radar
An adopted strike- everything amendment to SB 1398 (now: moving violations; assessment; equipment; enforcement)
eliminates the state photo radar enforcement system and imposes a supplemental $13 assessment on fines for
criminal offenses and traffic violations. The amendment was approved by the House Appropriations Committee with
the understanding that certain elements of SB 1354 (photo enforcement; violator identification; response) regarding
notices of violation would be reworked to address the concerns of stakeholders and later reincorporated into the
legislation. On Tuesday, the League participated in a stakeholder meeting with legislators, law enforcement
representatives and photo radar vendors to draft compromise language. The League will remain neutral on SB 1398,
provided there are no changes to the bill other than the compromise language produced by stakeholders.
Utility Charges
The League has been working to amend HB 2193 (municipal water charges; responsibility). This bill prevents
municipalities from seeking recovery of utility charges from anyone (e.g. a property owner) other than an individual
who has contracted for the service (e.g. a tenant) and has resided at the service address. The League proposed an
amendment to remove wastewater charges from the bill, because termination of sewer service is far more difficult
and costly than that of water service. Unfortunately, the bill sponsor, Representative Jim Weiers (R- Phoenix), would
not entertain our overture. The bill was approved by the Senate Rules Committee on March 28.
Regular Council Meeting - April 19, 2011 - Page 76 of 84
League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 5
Recovery of Attorney Fees
On Wednesday, the House Appropriations Committee approved an amended version of SB 1404 (now: civil actions;
attorney fees; recovery). The adopted strike - everything amendment mirrors HB 2409 (attorney fees; recovery; civil
actions), sponsored by Representative Ted Vogt (R- Tucson). The legislation generally moves Arizona towards a "loser
pays' regime with respect to costs incurred for civil litigation. The League opposes the measure because it provides
that state and local governments may not be awarded attorney fees even when victorious. Among other things, the
measure would promote the filing of frivolous lawsuits, as plaintiffs would bear no financial risks for doing so. Rep.
Vogt has committed to work with stakeholders to address their concerns with the measure.
Legislator Profile - Representative Katie Hobbs
On primary election night, 2010, Representative Katie Hobbs was late for her own
party.
Because it was the first night of the class she teaches as an adjunct professor at
Paradise Valley Community College, the excited first -time candidate rushed to
distribute the syllabus, orient the students, and get out the door. By the time she
arrived at the victory celebration in central Phoenix, the results were already in, and
she had been declared the winner of an open House seat in District 15. Unable to
contain her excitement, she reacted with overt and gleeful exhilaration. Her
colleague and sometime - advisor, the ever - composed Senator Kyrsten Sinema (D-
Phoenix), advised her to keep cool. "There are reporters here," she admonished.
The newly elected legislator heeded the advice, regained her composure and walked
calmly to the elevator. She entered the empty car, pushed a button and waited for the door to close. When it did,
she resumed her expressions of excitement and nearly jumped with joy - away from the public eye. It was, she
recalls, an irrepressibly happy moment.
Exuberant, intelligent and eager to learn, Rep. Hobbs has commenced her duties as a legislator with the same zeal
she demonstrated on election night. She also brings to the job the keen perspective of a mother, scholar and
professional social worker.
The native Arizonan grew up in the East Valley and attended a series of private Catholic schools. Although she
wasn't crazy about wearing the dresses required of distaff students, she later came to appreciate what a great gift
her education was, as well as the sacrifices her parents made to provide her with scholastic opportunity. When her
father, a salesman of plumbing supplies, found himself out of work, her mother entered the workforce to ensure
that Rep. Hobbs could continue her education at a quality school.
Neither of Rep. Hobbs' parents had a college degree, so it was a great point of pride when Rep. Hobbs entered
Northern Arizona University along with her identical twin sister following graduation from Seton Catholic High School
in Chandler. Ever the competitive twin, Rep. Hobbs is quick to note that she was the first person from her family to
earn a college degree (her sister's graduation was deferred due to participation in a foreign immersion program).
Rep. Hobbs also claims bragging rights as the family's eldest child - by a full eleven minutes.
Armed with a bachelor's degree in social work, Rep. Hobbs went on to earn a masters in that same field at Arizona
State University. Her gravitation toward social work derived from her native sense of justice and equality. She
remembers learning that one of her high school classmates had been arbitrarily selected to represent their school at
Arizona Girls State. Rep. Hobbs complained to school administrators that the selection wasn't fair and insisted on a
competitive process. The officials agreed, and Rep. Hobbs was ultimately awarded the opportunity to attend the
highly regarded citizenship training program. She may not have endeared herself to the classmate who was
displaced, but she was effective in instituting a positive change in the school's order of doing things.
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Safe and secure in her own life, Rep. Hobbs committed herself to helping and protecting those living in less
fortunate circumstances. Out of school, she first worked with homeless, runaway and at -risk youth at the
Tumbleweed Center for Youth Development. She later brought her considerable talents to bear at EMPACT, an
organization providing counseling, psychiatry, substance abuse, prevention and trauma services to individuals and
families. Ultimately, she found her professional home at the Sojourner Center, which has provided shelter and
support services to thousands of individuals affected by domestic violence since its establishment in 1977. Sojourner
Center is the nation's largest domestic violence shelter. Though Rep. Hobbs had to resign her post as director of
government relations upon assumption of her legislative duties, she remains a valued member of the Sojourner
family and continues to work on grant applications for the Center.
Ever interested in politics (even before her service on the dorm council at NAU), Rep. Hobbs observed that elected
officials always seem to have fabulous interpersonal connections and exhaustive social networks. She, however,
lacked such connections and did not know how to acquire them. Fortunately, a mentor of Rep. Hobbs insisted that
she apply for participation in Emerge Arizona, a political leadership training program for Democratic women in the
state. At Emerge Arizona, she met a host of politically involved and successful women who inspired her to seek
elective office in her own right. The rest, as they say, is history.
Fortuitously, District 15 had two open House seats that needed to be filled in the 2010 election. Rep. Hobbs
expected a very competitive primary in the highly Democratic district, but only four individuals filed petitions for
the race - and then one of those dropped out. Universally regarded as the underdog, Rep. Hobbs got an early start
on the campaign and initiated an intense door -to -door electioneering effort. She loved the process and immersed
herself in the challenge. Moreover, she learned that she is awfully good at it. A natural campaigner, she found that,
if she was ever feeling frustrated or discouraged, all she had to do to breakout of a negative mindset was to go out
and knock on doors. Drawing positive energy from the citizenry, she worked harder than her competitors and went
on to earn the most votes in the primary contest.
A member of the House Government Committee, Rep. Hobbs has been somewhat confused by the movement of so
many bills that wrest control away from local government. Sitting through a recent and extended hearing during
which a number of such bills were considered, she had an epiphany of sorts: "I figured it out. The people who use
sovereignty as an argument to fight federal control use that very same claim of state sovereignty to establish
control over cities and towns. They are using the concept of sovereignty to argue both sides of the control issue."
When she is not legislating, learning, grant - writing or teaching, Rep. Hobbs most enjoys spending her time with her
family: her husband of 15 years, Pat Goodman (whom she met through church - related activity); Sam, her 12 -year-
old football playing cellist; and Hannah, her artistically inclined 9- year -old Girl Scout. She has also taken on a new
physical challenge, having successfully completed a couple of half - marathons.
Even with so much happening in her professional and personal life, Rep. Hobbs has been able to keep grounded and
organized. She entertains the idea of one day running for statewide office, but she's presently focused on doing the
best job she can as a state legislator. Because her best is quite excellent, there is little doubt that she'll be earning
many more uninhibited elevator dances in the future.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
Regular Council Meeting - April 19, 2011 - Page 78 of 84
Page 5 of 5
House Budget
Summary of direct impacts to municipalities
(House Engrossed)
HURF shift to DPS
1. Identify impact
FY11 DPS HURF Shift: $78,626,200 HB 2001, Sec. 86 (Page 47, line 26)
FY12 DPS HURF Shift: $120,736,900 SB 1612, Sec. 83 (Page 41, line 18)
FY12 increase — $42,110,700
2. Apply statutory formula (ARS 28 -6538)
1. To the incorporated cities and towns, 27.5 %. ($11,580,442.50)
2. To incorporated cities with a population of 300,000 or more persons, 3 %. ($1,263,321)
3. Reduction to Cities and Towns = $12,843,763.50
HURF shift to MVD
1. Identify impact
FY11 ADOT HURF Shift- $620,400 HB 2001, Sec. 100 (Page 53, line 10)
FY12 ADOT HURF Shift- $86,896,700 SB 1612, Sec. 96 (Page 46, line 12)
FY12 increase — $86,276,300
2. Apply statutory formula (ARS 28 -6538)
1. To incorporated cities and towns, 27.5 %. ($23,725,982.50)
2. To incorporated cities with a population of 300,000 or more persons, 3 %. ($2,588,289)
3. Reduction to Cities and Towns = $ 26,314,271.50
Total HURF impact an Cities and Towns = $ 39,158,035
Municipal funding of ADWR
Identify impact
Permanent ADWR fee on municipalities: SB 1624, Sec. 2 (Page 2, lines 5 -12)
Legislative intent to cap fee at $7M: SB 1624, Sec. 7 (Page 3, lines 17 -20)
Total ADWR impact on Cities and Towns = $7,000,000
Total impact to Cities and Towns = $46,158,035
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League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 5
League of Anzona
L — " I n (C. S
ct AN OW
Legislative Bulletin—
ISSUE 14 - APRIL 8, 2011
Legislative overview
Today is the 89th day of the first regular session of Arizona's 50th Legislature. On Thursday, April 7, Governor Jan
Brewer announced that she had, the previous evening, signed the budget bills passed by the Legislature. With the
budget battles concluded for the year, attention has turned to pending legislation of high importance to members of
the House and Senate. In an effort to finish the session with dispatch, the House and Senate have picked up the
pace of legislative activity. The League is optimistic that the Legislature will adjourn sine die by the end of the
month, if not by the 100 -day deadline established by rule.
Impact fee discussions continue
Negotiations between homebuilders and cities and towns continue on SB 1525 (cities; towns; development fees).
Representatives of the homebuilding industry and municipalities are attempting to reach some consensus on the
many detailed issues contained in the bill. Part of the League's goal is to remove this perennial issue from future
legislative agendas. As of today's Bulletin deadline, there is no new proposed language to discuss, but we will have
an update next Tuesday morning in connection with the League's "lobby day" at the Legislature. The bill, as
introduced, would virtually eliminate municipal impact fees. It is awaiting action on the House floor.
Managed competition
On Wednesday, the House Committee on Rules approved SB 1322 (managed competition; city services), legislation
to impose a comprehensive, unworkable and expensive mandate on Phoenix and Tucson to privately bid out city
services. On Thursday, the bill was caucused by the House majority and minority parties. During the Republican
caucus meeting, multiple members expressed their concerns with, and opposition to, the bill. No member spoke in
support. Likewise with the Democratic caucus.
The League continues to vigorously oppose this bill. Because the Arizona chapter of Americans for Prosperity has
initiated a massive email campaign in support of the legislation, it is critical that municipalities continue to contact
their legislators to express opposition to SB 1322. As a reminder, the bill's sponsors and supporters have publicly and
repeatedly announced their intention to expand the measure's application to other cities and towns in the future.
Commercial lease tax exemption
Legislation to exempt taxes on certain commercial lease transactions between related corporations (SB 1166:
municipal tax exemption; commercial lease) was approved by the House Rules Committee on Monday and caucused
on Tuesday. The League opposes the bill on the basis that it could be abused by large corporations as a tax
avoidance device. The bill previously passed the Senate by a vote of 21 -8.
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Apartment trash collection
The League has been working with other stakeholders throughout the session to modify SB 1204 (trash collection;
multifamily housing), legislation mandating that private trash haulers be allowed to compete for the collection of
apartment garbage. The League had negotiated an amendment that would delay the bill's effectiveness date to 2016
and clarify that the legislation did not include a right to compete for the collection of trash from mobile home
parks. In an unexpected turn of events, the bill's sponsor, Senator Gail Griffin (R- Hereford), rejected the mobile
home portion of the League amendment. The bill has been retained on the Committee of the Whole Calendar as
interested parties attempt to work out their differences.
i
Consumer fireworks
SB 1379 (now: consumer fireworks; regulation) was approved by the House Rules Committee on Monday and
caucused on Wednesday. This bill limits the extent to which cities and towns may regulate the use of fireworks.
Among other things, it mandates that cities may not prohibit the use of consumer fireworks during the periods of
June 15 to July 5, and December 12 to January 2. The bill, however, does prohibit the sale of fireworks in Yavapai
County and Coconino County. Additionally, it prohibits the sale of consumer fireworks in areas zoned for residential
use. SB 1379 has not been scheduled for further floor action.
Regulatory reform
SB 1598 (cities; counties; regulatory review) was approved by the House Rules Committee on Monday and caucused
on Wednesday. The measure applies the Regulatory Bill of Rights (currently governing state agencies) to local
government; it also makes changes to the general plan statutes regarding aggregate resources. A floor amendment
negotiated by stakeholders, including the League, will be offered to the bill in the Committee of the Whole. A
collateral benefit of the amendment is that its passage will likely terminate further consideration of SB 1286
(counties, cities, permits, time limit) and HB 2501 (rules, laws, ordinances, interpretation). With adoption of the
stakeholder amendment to SB 1598, the League will be neutral on the bill.
Utility charges
HB 2193 (municipal water charges; responsibility) passed the Senate Committee of the Whole this week. This bill
prevents municipalities from seeking recovery of utility charges from anyone other than an individual who has
contracted for the service and has resided at the service address.
Because municipalities would be further handcuffed in their efforts to collect on delinquent utility accounts, the
legislation could result in significant costs to cities and towns. Strategies available to cities to mitigate such costs
include the collection of larger utility deposits and quicker termination of service for non - payment.
As it is far more difficult to terminate wastewater service, the League proposed an amendment to exclude such
service from the bill's scope. (The service termination situation is even more complicated for municipalities that
have private water systems and public wastewater systems.)
Unfortunately, the sponsor has never agreed to meet with the League to discuss our proposed amendment.
Accordingly, we continue to oppose the legislation.
Firearms
Following approval by the House Judiciary Committee two weeks ago and the Rules Committee early this week, HB
1201 (firearms omnibus) has not seen any further action. The League continues to oppose a provision of the bill
requiring those cities prohibiting guns from public buildings to employ armed guards and to install metal detectors
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League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 5
and lock boxes.
Recovery of attorney fees
SB 1404 (now: civil actions; attorney fees; recovery) was approved by the House Rules Committee on Monday and
caucused on Tuesday. The legislation generally moves Arizona towards a "loser pays" regime with respect to costs
incurred for civil litigation. The League opposes the measure, because it specifically provides that state and local
governments may not be awarded attorney fees, even when victorious. The League will participate in a stakeholder
meeting regarding the legislation on Monday, April 11.
Pension reform
SB 1609 (retirement systems; plans; plan design), which represents a pension reform compromise between Speaker
of the House Kirk Adams (R -Mesa) and Senator Steve Yarbrough (R- Chandler), passed out of the Rules Committee on
Monday. The League supports this comprehensive pension reform bill and is committed to helping enact the
meaningful and necessary initiatives embodied in the legislation.
Residential rental tax
On April 5, the House passed SB 1160 (city sales tax; residential rental) by a vote of 37 -22. The League opposes this
bill, which requires that the imposition of any tax increase on residential landlords be approved by a vote of the
people. On April 6, the bill was transmitted to the Governor for her approval or veto. The League will formally
request a veto of the bill on the bases that it: reduces local control, creates special tax treatment for one industry,
and diminishes the ability of mayors and councils to approach budgeting in a comprehensive way.
Legislator Profile - Representative Ruben Gallego
When Representative Ruben Gallego was but four years old, his grandmother died in
Mexico. His father inherited her farm, located in a remote spot deep in the heart of
the State of Chihuahua. The elder Mr. Gallego uprooted the family from its Chicago
home and relocated the clan to Mexico so he could try his hand at farming. Ruben
went to work on the farm and began his formal education at a rural elementary
school.
Unsuccessful as a farmer, young Ruben's father folded his hand after about two years
and brought his family back to the States. Every summer, however, Ruben would
return to Mexico to work on a bean farm, taking the long hot car ride from Illinois to
Chihuahua. His job on the farm was to create holes in the field with a long tapered
stick and then seed the holes. It was hard work, close to the ground.
From these inauspicious beginnings, few may have guessed that this child of poverty
would grow into a young man who, at age 31, has graduated from Harvard College, served with distinction in the
United States Marine Corps, and succeeded as an entrepreneur with his own property acquisition and management
company. He has also mastered complex public policy issues as a city council aide, campaign strategist and
government relations professional. When he was sworn in as a member of the Arizona House of Representatives in
January 2011, he added the notch of elected official to his belt of accomplishments.
As a youth, Rep. Gallego was driven by a determination to succeed and escape the clutches of financial need. When
he entered high school, he set his sights high and established a personal goal of attending Harvard College, arguably
the best school in the country, if not the world. He realized that if he fell just short of his goal, he would still be
admitted to an outstanding college. He developed a written plan. Demonstrating unusual initiative for a high school
freshman, he then identified and contacted the president of a Hispanic student organization at Harvard and sought
his advice with respect to gaining admission to the Ivy League powerhouse.
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Rep. Gallego's goal was reinforced when he was selected as a delegate to the Illinois state conference of the Hugh
O'Brian Youth Foundation, an international program designed to encourage and inspire young people with great
leadership potential. Mixing with the state's best and brightest high school sophomores, Rep. Gallego knew at once
that he possessed the necessary tools to succeed. With drive and dedication, he could make something great of his
life.
One day while he was at work as a short order cook, he fielded a telephone call from his sisters at home. They
explained that he had received a letter in the mail from Harvard. "Is the envelope fat or thin ?" he asked. It was fat.
His adolescent goal had been realized. As the first member of his family to attend college, he inspired his youngest
sister to follow in his footsteps straight to Harvard.
Rep. Gallego has a work ethic to match his razor -sharp intellect. He worked throughout school at a variety of odd
and difficult jobs. Among other things, he shoveled snow, cleaned dormitory toilets and stacked books in the library.
He worked in a meat - packing factory in Chicago during the summer. He even donned a dragonfly costume to
pamphleteer and promote a local business.
The civic- minded student undertook one of his most important jobs when he enlisted as a reservist in the United
States Marine Corps. As a Marine, he served in an active combat role in Iraq. Rep. Gallego is somber when reflecting
on his military service. Though he recognizes the importance of his duty, he does not relish the brutal memories of
war. His unit saw so much action that one in three of its members were killed or wounded.
Following his service in Iraq, Rep. Gallego moved to Arizona to be with someone special. When he was at Harvard,
he had received more than a quality education. He also found a wife. Kate Gallego, his charming better half who
works as an analyst at Salt River Project, must have recognized something exceptional about Ruben from the start:
they met as a consequence of her high bid for the future Representative at a bachelor auction for charity.
Finding that Arizona is a great place to live, Rep. Gallego quickly learned that the state is also a place of abundant
opportunity. "If you work hard here, you can make it," he says. That formula presents little challenge to Rep.
Gallego, whose work ethic is hard -wired into his DNA. Among other things, he has worked as a project manager for
Riester Public Affairs, the chief of staff to a Phoenix City Councilman, and a public affairs professional at Southwest
Ambulance. He is also the owner of the Group and Taylor Street Group, a Phoenix -based property management
company.
Rep. Gallego represents Legislative District 16 in the House of Representatives. The district includes a broad swath
of Phoenix and the Town of Guadalupe. Rep. Gallego serves on the Committee on Agriculture and Water, the
Committee on Military Affairs and Public Safety, and the Committee on Ways and Means.
Rep. Gallego observes with apparent concern that some of his House colleagues seem to be more connected to their
political party than to their community. Such members may be more inclined to cast votes on the basis of leadership
pronouncements than according to their independent research of policy considerations and implications. Though
Rep. Gallego is a faithful adherent of his party, he prides himself on his deep and enduring community connection.
He has also embraced the role of legislative educator, as an informed, vocal and active participant of his
committees and caucus. Recognizing that education can be a two -way street, he serves as a dedicated boots- on -the-
ground policymaker, constantly seeking the input of his constituents.
It was, in fact, Rep. Gallego's close identification with his community that led to his pursuit of public office.
Specifically, Rep. Gallego recognized the criticality of the state shared revenue system to prosperous and well -
managed communities. "When state shared revenue was going to be cut," recalls Rep. Gallego, "I spoke to a couple
of legislators, both Democrat and Republican, and they just did not understand what they were about to do That
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really angered me." With the ability and desire to serve, and determined to make a difference, he sought a seat in
the Arizona House and won on his first attempt. Now that he's a member, prevention of cuts to the state shared
revenue program remains one of his top legislative priorities.
Rep. Gallego has come an extremely long way since his days as a juvenile bean farmer in Mexico. But he's still
planting seeds, and he continues to work very, very close to the ground.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
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