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HomeMy WebLinkAboutCouncil Agenda Packet 05/06/2003 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road May 6, 2003 -- 7 :00 p.m. Mayor Bobby Sutton, Jr. Vice Mayor Herb Kai Council Member Jim Blake Council Member Patti Comerford Council Member Tim Escobedo Council Member Ed Honea Council Member Carol McGorray Town Manager Mike Hein Assistant Town Manager Mike Reuwsaat 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 twenty -four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. 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. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682 -3401, Monday through Friday from 8:,00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted by May 2, 2003 by 7:.00 o'clock p.m., at the Marana Town Hall, Marana Police Department, Marana Development Services Center.. D 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road May 6, 2003 _ 7:00 p.m. I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENI' OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the April 15, 2003 regular Council Meeting Minutes of the April 22, 2003 Budget Study Session VII. CALL TO THE PUBLIC —ANNOUNCEM ENTS— INTRODUCTIONS 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 (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. 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. VIII. STAFF REPORTS IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda 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. 1. _Resolution No. 2003 -32: Butterfly Mountain Final Plat: A request to approve a final plat for a 28 -lot subdivision located on 103.77 acres north of Moore Road, between Camino de Oeste and Thornydale Road, within a portion of Section 30, Township 11 South, Range 13 East (Joel Shapiro) 2. Resolution No. 2003 -38 Acceptance of the dedication of Dove Mountain Is Boulevard Phase IV, Secret Springs Drive, and a portion of Saguaro Forest Loop as Public Right- of-Way and a Public. Road Way and Drainage 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road . May 6, 2003 - 7:00 p.m. Easement along the above proposed public rights -of -way, in accordance with the Dove Mountain Specific Plan (Farhad Moghimi) 3. Resolution No. 2003 -39 Approval of Intergovernmental Agreement Between Pima County and the Town of Marana Police Department, a member agency of the High Intensity Drug Trafficking Area (H.I.D.T.A. Program Drug Grant Agreement (Richard Vidaurri) 4. Resolution No. 2003 -43 Approval of General Services Intergovernmental Agreement and Amendment No.1 to the Intergovernmental Agreement with Pima County Health Department under the U.S. Department of Justice 2001 State domestic Preparedness Program Grant (Jocelyn Bronson) S. Resolution No. 2003 -44 Request for approval of a Purchase and Sale Agreement between the Town. of Marana and Northwest Fire/Rescue District for the acquisition by the fire district for two acres of land adjacent to the Marana Operations Center (Michael A. Reuwsaat) 6. Resolution No. 2003 -48 Dedication of Little League ball field at Ora Mae Harn District Park (Ron Smith) 7. Resolution No. 2003 -47 Designating the Tortolita Preserve as a Town Park (Andy Laurenzi) 8. Discussion/Direction Request to apply to the State Land Department for a Right-of-Way application under A.R.S. Section 37-461 to purchase a right- of-way for the purpose of establishing in perpetuity a 15 -foot wide corridor for a non - motorized public trail system over and across the lands annexed into the town boundaries known as the Tortolita Preserve (Andy Laurenzi) 9. Resolution No. 2003 -28 Approval of First Amendment to Development Agreement between the Town of Marana and New West Materials for an extension to complete trail improvements adjacent to the Santa Cruz River and the Future Tangerine Road dedication and trail easement (Mike Reuwsaat) 10. Ordinance No. 2003.08 and Resolution No. 2003 -46 Adoption of 2002 Tax Code Amendments (Roy Cuaron) 11. Proclamation Proclaiming May 17, 2003 as Armed Forces Day (Jocelyn Bronson) B. COUNCIL ACTION 1. Ordinance No. 2003.09 and Resolution No. 2003 -47 Amendment of Town Code Article 12-4 Off -Road Vehicle Use and declaring an emergency to exist (Andy Laurenzi) 3 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road • May 6, 2003 - 7:00 p.m. 2. PUBLIC HEARING:. Proposed modifications to the Santa Cruz River Floodplain and Floodway, downstream of Sanders Road (Jim DeGrood) 3. Resolution No. 200342: San Lucas Preliminary Block Plat. An application for approval of a Preliminary Block Plat for a 291.97 acre Master Planned Development located east of I -10, north of Adonis Road, and west of the CAP canal, in a portion of Section 22, Range 11 East, and Township 11 South (Joel Shapiro) 4. Resolution No. 2003 -41 Approval of Railroad Crossing Agreement with Union, Pacific Railroad for the improvement and relocation of the Cochie Canyon Trail railroad crossing (Tim. DeGrood) 5. Resolution No. 200340 and Ordinance No. , 2003.07 Amending Article 2 -9 (Board of Adjustment) of the Marana Town Code (Mike Hein) 6. EXECUTIVE SESSION Pursuant to A.R.S. Section 3&431.03 (A)(4) for discussion and consultation with the Town Attorney to consider the Town's position and instruct its attorney regarding the Town's position in pending litigation, Velardi vs. Marana (Dan Hochuli) 7. Action on Executive Session, Item IX. B. 5 pursuant to A.R.S. Section 38- 431.03 (A)(4) for discussion and consultation with the Town Attorney to consider the Town's position and instruct its attorney regarding the Town's position in pending litigation, Velardi vs. Marana (Dan Hochuli) 8. State Legislative Issues — Discussion /Direction/Action regarding all pending bills before the Legislature (Mike Hein) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. UPCOMING EVENTS XI. FUTURE AGENDA ITEMS XII. ADJOURNMENT Bobby Sutton, Jr., Mayor 4 S- 1 PLACE AND DATE Marana Operations Center, April 22, 2003 I. CALL TO ORDER The informal meeting began at 6:00 p.m. without a call to order. II. PLEDGE OF ALLEGIANCE There was no pledge of allegiance given at this meeting. III. ROLL CALL The roll was not called at the study session. The attendees are listed below: COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Michael Hein Town Manager Present Michael Reuwsaat Assistant Town Manager Present Jocelyn Bronson Town Clerk Present Roy Cuaron Finance Director Present IV. APPROVAL OF AGENDA Due to the informality of the study session, there was no motion to approve the agenda. V. GENERAL ORDER OF BUSINESS A. COUNCIL ACTION 1. Overview of Fiscal Year '04 Budget Roy Cuaron began the meeting by giving a brief history of the budget process. He explained that the focus of the FY04 budget was different than in past years because there were more special revenue funds than usual. 1 ate, llw�P� r „x `t• �'�.: 1...U� � z .r, §.��C.' :�r% k' - s vi;��,, ',. He said that these types of revenues were restricted in their uses either by statutory regulations or by Council ordinances. Two informational handouts were distributed to the attendees and have been made a permanent part of this record. A discussion of the general fund makeup took place and several primary revenue sources comprising the income monies were listed. The categories mentioned included sales tax, state - shared revenues, urban revenue, auto lien taxes, building and development fees, fines and forfeitures, franchise fees, business licenses, and other miscellaneous incomes as well as cash reserves. Sales tax, estimated at $12.6M for the FY04 budget and representing a 9% increase over the FY03 budget, accounted for over 52% of the general fund revenues. The major industry groups within the sales tax category were retail trade and construction. State shared revenues were estimated at $2.9M, a decrease of 5.5% from the FY03 budget, and building and development fees were expected to total $2.8M, an increase of 12% from this year's budget. Court fines and forfeitures projections did not increase over the FY03 budget but this was a 31 % increase over the estimated actual. Franchise fees revenues for FY04 were projected at • double the FY03 budget due to a 3% to 5% increase in the franchise fees. Other miscellaneous fees and income sources were considered to be significant and included one -time non - recurring revenues such as investment income, fire dispatch service fees, special event revenue, developer contributions, land sales, and management fees. Cash reserves, by direction of Council, can only be used for one -time, non - recurring capital expenditures and have historically been used to fund construction and acquisition of park amenities. The FY04 proposed cash reserves total $909K which is a decrease of 83% from the FY03 $4.5M budget. The FY04 cash reserves allocation for park improvements was $792K with vehicle and equipment purchases receiving $117K. Summarizing the general fund numbers, Mr. Cuaron stated that if the proposed FY04 budget was adopted as presented, the total revenues would increase by $4.6M, an increase of 6.33% over the FY03 budget. He said that general fund revenues were up nearly $5.1M over FY03, an increase of 27 %, however, $4.1M of the increase was due to one -time non- recurring revenues. • 2 F %��`�� y����, 1�I TES B SET ST� ESSIQI��IVTEETINGx�y b a, .OQ3" e The stud session continued with the Finance Director explaining the Y P g projected figures for special revenues, transportation funds, grants, and enterprise and bond funds revenues. Council Member Honea had several questions regarding the $21.2M estimated cost of the new municipal complex. A lengthy discussion followed that focused on the increase in costs from the original estimated budget of $14M. Some of the points discussed included the additional amenities, square footage, and surrounding infrastructure comprising the Town Center that had been added since the complex's inception in 1999. Town staff was directed to provide a detailed cost estimate for the municipal complex at the next budget study session. Mr. Cuaron concluded this portion of the study session by stating that the FY04 revenue projections reflected the staff's cautious optimism while taking into account historical trends and new developments. He said that the revenue forecast was realistic and readily attainable and was expected to provide sufficient resources to continue efficient and effective service delivery. The fixed expenses category was discussed next. Mr. Cuaron briefly synopsized the various expenditures and pointed out that there were general increases throughout this category. He said that the total fixed expenses were expected to increase by $2.8M or 61 % in the FY04 budget. VI. ADJOURNMENT There was no motion to adjourn. The meeting ended at approximately 7:00 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Budget Study Session meeting held on April 22, 2003. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk • 3 f f f7 �„ PLACE AND DATE Marana Town Hall, April 15, 2003 I. CALL TO ORDER By Vice Mayor Kai at 7:04 p.m. II. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai III. INVOCATION/MOMENT OF SILENCE Led by Brad DeSpain IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Excused Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Michael Hein Town Manager Present Michael Reuwsaat Assistant Town Manager Present Thomas Benavidez Town Attorney Present Jocelyn Bronson Town Clerk Present Brad DeSpain Utilities Director Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member Escobedo, the agenda was unanimously approved. 1 t t VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Blake, seconded by Council Member Honea, the April 1, 2003 minutes were unanimously approved. VII. CALL TO THE PUBLIGANNOUNCEMENTS Andy Peele, Continental Ranch area resident, addressed the Council regarding noise and air pollution issues associated with the New West mining operation. He reported on the attendance turnout for a recent meeting focusing on solutions to the pollution problems and said that a group of residents from Continental Ranch were present at this meeting as well as several Town staff members, and representatives from New West. He related that one resident was especially unhappy with an unusually low appraisal recently received on her home. He said that the appraisal had been $10,000 less than the home's original purchase price. Mr. Peele noted that the appraiser had acknowledged that the drastic decline in the appraisal was mostly due to the visibility of the gravel pit as well as the dust and odor pollution generated daily from that location. He said that David Graham from New West was genuinely concerned about this situation and indicated that he would personally see to it that steps were taken to remedy the problems. Mr. Peele continued by reporting his attendance at an April 8th meeting concerning the permit application of Arizona Portland Cement (APC) plant for an additional kiln. He said that the new kiln would double the amount of pollutants currently being generated from the APC smokestacks. He indicated that a group of Sunflower subdivision homeowners had recently formed a committee, the Sunflower Air Pollution Advisory Committee, to monitor the application process and that the group planned to hold meetings addressing this issue every Monday at 4:30 p.m. He urged all interested parties to attend and to voice their concerns. He also invited anyone having expertise in this area to join the group and share their knowledge. This meeting, conducted by the Arizona Department of Environmental Quality (ADEQ) and attended by many area homeowners, was a result of numerous complaints expressed by the residents. Mr. Peele informed the Council that the public had asked ADEQ for additional time to review the permit documentation as the paperwork was not only lengthy but also extremely technical. He said that ADEQ declined to allow for additional review time and that a letter to Governor Napolitano would be generated by the complainants requesting more time for public review. He expressed his desire to alert Pima County Supervisor Sharon Bronson and other area officials of this situation. 2 f 0 1 - <.<,....�� r�� - - Vice Mayor Kai thanked Mr. Peele for his vigilance and for the detailed update on the public concerns associated with area pollution. The Town Clerk, Jocelyn Bronson, introduced members of the first Citizens' Resource and Education Workshop (C.R.E.W.). She explained that this workshop was designed to aid in educating and communicating with the Marana residents. Ms. Bronson informed the Council that the group had heard presentations given by several Town entities such as Brad DeSpain, Utilities Director, Dick Gear, Community and Economic Development Director, the Mayor and Council, the Managers' office, the Legal department, and the Traffic department. The Clerk welcomed the eight C.R.E.W. members in attendance and expressed her pleasure in having them obser ve the Council in action. The Vice Mayor and Council joined her in welcoming the C.R.E.W. visitors. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003 -30 Releasing the Assurance Agreement for Countryside Ridge, Trust No. 30,189, for Lots 1 thru 193 and Common Areas A -C and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) 2. Resolution No. 2003 -31 Releasing the Assurance Agreement for Cancion de la Luna, Trust No. 7924 -T, for Lots 1 thru 88 and Common Areas A -C and Acceptance of Public improvements for Maintenance (Farhad Moghimi) 3. Resolution No. 2003 -34 Approval of Intergovernmental Agreement Amendment between the Town of Marana and Pima County for Construction Works! (Michael A. Reuwsaat) 4. Resolution No. 2003 -37 Amendment to the 2001 Community Development Block Grant Program Contract for Management and Implementation of Remaining Project Funds (Dan Groseclose) 5. Increase in Staffing Request for one additional recreation coordinator position to support the Parks and Recreation Special Events and Senior Program (Jane Howell) 3 .......... 6. Proclamation Pediatric Cancer Awareness Month - Tee up for Tots (Jocelyn Bronson) Upon motion by Council Member Escobedo, seconded by Council Member Blake, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. PUBLIC HEARING: Ordinance No. 2003.05 and Resolution No. 2003 -35 Protection of Cultural Resources: A request for approval of proposed amendments to the Land Development Code of the Town of Marana, amending Title 2 - Administration by establishing a Cultural Resources Preservation Board, and creating Title 20 - Protection of Cultural Resources, and declaring Title 2 and Title 20 to be a public record (Joel Shapiro) Vice Mayor Kai opened and closed the public hearing. There were no speakers from the public regarding this item. Mr. Reuwsaat addressed the Council regarding this item and said that it was a dual action speaking directly to the heart of the Towns motto, "inspired by the past, committed to the future ". He emphasized that the Cultural Resources Preservation Board put strong support behind the identification and evaluation of both prehistoric and historic archaeological resources within the Marana community. He explained that the board would be comprised of five members appointed by the Mayor with consensus from the Town Council. He said that the board would have three basic functions including being the primary advisor to the Council regarding cultural resources, working with the Town staff to establish an historic registry, and assisting with fundraising and historic education. He noted that one legislative function provided for by the ordinance was for the protection of the cultural resources. He stressed that the formation of the board was a great step in solidifying the efforts to identify and evaluate the Marana -area antiquities and history. He informed the Council that the State had encouraged the Town to adopt its own legislation, similar to 26 other communities throughout Arizona, in which a process was in place that the development community could look to and understand. He concluded by stating that the adoption of the proposed action would allow the Town to compete for federal grant funding for historic preservation planning as well as afford the Town eligibility for other large foundation funding. He recommended approval of both Council actions. 4 Upon motion by Council Member McGorray, seconded by Council Member Honea, Ordinance No. 2003.05 and Resolution No. 2003 -35 were unanimously approved. 2. Resolution No. 2003 -33 Intergovernmental Agreement Regarding Permitting and Operating Managed In- Channel Recharge of Effluent in the Santa Cruz River Channel (Brad DeSpain) Brad DeSpain, Utilities Director, spoke before the Council regarding Resolution No. 2003 -33. He explained that the intergovernmental agreement (IGA) was a two -year project in the making and that it dealt with the recharge of effluent in the Santa Cruz River from the Ina Road bridge to the Trico Road bridge. He gave a brief explanation of the multiple party IGA and said that effluent was very important to Marana. He pointed out that, eventually, the Town would grow enough to enter into its own effluent agreement such as Metro Water and the Town of Oro Valley had entered into with the City of Tucson Water. He concluded by assuring the Council that the current amount of effluent would grow into a valuable renewable resource for Marana's future. Vice Mayor Kai commented that this agreement gave the Town and the Cortaro - Marana Irrigation District control of their underground water and that he thought approval of this Council action was worthwhile. Mike Hein followed up by commending Mr. DeSpain for his diplomatic skills during the lengthy negotiation process. He remarked that there were both common interests and conflicting interests among the multiple parties. He said that this agreement was an instrumental piece in the overall water strategy which included protecting the Town's aquifer, making sure it was managed properly, and ensuring that there were no sudden overdrafts or withdraws of the effluent recharged in the area. He declared it to be an amazing show of cooperation between the various jurisdictions and other entities, with Marana acquiring the position it needed to control the valuable water assets. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2003 -33 was unanimously approved. s ..a v�� %�i� »F,."%:Y��Dr✓,/v/cY:G' ' " � i,, ' T ;�pg �� " 6 „xx. ;;v�w:,..a`%�� ��,�/Li w,., sw,, ��.ru;,^/.,' �Yc/d .�mu,. , .. �, 3. State Legislative Issues - Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Hein) Mr. Hein informed the Council of pending State legislative issues related to Marana interests. He said that the session was culminating and described it as quiet with a record low number of bills being introduced. He commented that most legislators were waiting for the looming budget battle that was to come. He pointed out that it was important for the Town to remain vigilant with the League of Arizona Cities and Towns and legislators regarding state - shared revenues and to continue reinforcing the importance of these monies for providing services locally. He continued by briefly commenting that the aviation flight fund and eminent domain bill were still in issue and the bill pertaining to referendum signatures had passed in the House. C. MAYOR AND COUNCIL'S REPORT Council Member Honea reported on his recent presentation before residents of the Sunflower subdivision. He said that he recounted the Towns history and that the outing was a lot of fun. Vice Mayor Kai said that he had attended the Peace Vanguard inauguration on April 8th at the Pinal Air Park. He noted that the Army Guard was in the process of training 108 pilots and mechanics sent to this area by the Singapore government. He reminded everyone that these long -term visitors were shopping and dining in the Marana vicinity thus benefitting the area. The Vice Mayor concluded his report by stating that Council Member McGorray and he had attended the Northwest Pima County American Diabetes Walk held on April 12th at Heritage Highlands. D. MANAGERS' REPORT Mr. Hein thanked everyone who helped with the progressive dedications at the three parks on April 5th. He declared it to have been a big success. He singled out the Parks and Recreation department for their outstanding effort in not only getting the event put together but also in getting the parks ready in time for the dedication. He said that Town staff was looking forward to having more events of this nature in the future. 6 X. UPCOMING EVENTS There were no upcoming events announced at this time. XI. FUTURE AGENDA ITEMS There were no topics suggested for future agenda items at this time. XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval to adjourn was unanimous. The time was 7:32 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 15, 2003. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk r im= M ARANA STAFF REPORTS TO COUNCIL � N/ Building Parks & Rec Town Clerk Planning Court Police Finance PW /Engineering Human Resources Water • • BUILDING OFFICIAL'S REPORT March, 2003 Administration /Permitting: • Staff reviewed and permitted 105 new single family residences in March. • Staff reviewed and issued 299 building permits in March (including single family residences). • Staff completed 1552 inspection stops in March. The average stops per day was 74. • The permit fees and valuation data are contained in the "Summary of Construction Activity " report (enc.). The month of March remained strong for housing starts. Commercial activity included the Kohls store and a Walgreens on Ina. The valuation of the impact fees was $169,500.00. Building Official: March included the opening of the Wal -Mart, Skate Country, Ina Car Wash, and the Brake Max on Cortaro Road. The plan review and inspection staff did a good job on • all these projects and resulted in well built structures. There are several more projects on the board so the trend will continue. • \\DEVSERVER \bldgdataVack HoidenTinancesTuilding Official Report\0303.docI I I TOWN OF MARANA SUMMARY OF CONSTRUCTION ACTIVITY March -03 • Permits Issued Permit Type # of Permits Permit Fees Valuations New Single Family Residential (SFR) 105 $435,914.24 $15,317,517.69 Remodel /Addition SFR 8 $1,726.43 $49,635.53 Manufactured House 2 $2,675.00 $104,836.32 New Multi Family Residential (MFR) 0 $0.00 $0.00 Remodel /Addition MFR 0 $0.00 $0.00 New Retail Commercial (RC) 2 $44,010.08 $5,009,293.62 Remodel /Addition RC 2 $2,088.18 $88,100.00 New Industrial Commercial (IC) 1 0 $0.00 $0.00 Remodel /Addition IC 0 $0.00 $0.00 Walls 17 $2,109.99 $76,338.40 Swimming Pools /Spas 19 6,352.93 $193,804.40 Signs 4 T1,409.33 25,589.00 Certificates of ccupancy 4 $165.00 $0.00 Temporary Construction Trailers 4 $1,297.26 $25,851.80 Temporary Tents 0 $0.00 $0.00 Revisions 84 1 214.77 $0.00 Model an Review Only Plan ning ngineenng . Miscellaneous Totals 299 $522,874.28 $20,942,966.76 Total number of Inspections = 1552 AVERAGE DAILY - 74 STOPS Total number of lots for Linear Park Fees = 30 - Total Collected $12,725.00 Total number of Water Meters Issued = 51 - Total Collected $50,900.00 Total number of Impact Fees Issued = 69 -Total Collected $169,500.35 Status of Current Commercial Projects Project Name % Complete Project Name % Complete Safeway 50 ew Sp @ vets ew Cycle y arana Hign AdattionlRemodel a oac one Car Wa on na Rd Pa on lnen a eserve Anchor u ing (me tai q Skate oun ry /_mom a oun ryw Ridge Doife ah OdIl Xa i • Planning Department March 2003 Monthly Staff Report Strategy N , Objective sw oil* Policy Q 7 twoal The following represents highlights of Planning Department Activity during March: Ne w Projects: The projects e following new rojects have been submitted for review: • Twin Peaks Highland Final Plat D. R. Horton, represented by Entranco, has submitted the Final Plat for Twin Peaks Highland, Lots l thru 114. The project is located within the Pima Farms North Specific Plan area, on the west side of Silverbell Road, south of Twin Peaks Road in a portion of Section 20, Township 12 South, Range 12 East. The Preliminary Plat for this subdivision was approved on February 4, 2003. The plat consists of 114 single family residential lots on 29.78 acres. The minimum lot size within this subdivision is 5,881 square feet. The average lot size is greater than 6,000 square feet. The project density is 3.83 residences per acre. Approximately 1.36 acres of the project site will remain as open space (drainage ways, common areas, etc). Access to the subdivision will be provided from two locations on Silverbell Road. The project will include .82 miles of new public streets. Upon completion of the staffs review, this Final Plat will be considered by the Town Council. Orange Grove 1 -10 Plaza Final Plat The Shomac Group, Inc., represented by American Pacific Engineering, L.L.C., has submitted the Final Plat for Orange Grove I -10 Plaza Lots 1 -20. The project site is located between the Union Pacific Railroad and I -10, south of Orange Grove Road at the southwest corner of Orange Grove Road and Thornydale Road in a portion of the northeast quarter of Section 7 and the northwest quarter of Section 8, Township 13 South, • Range 13 East. The project consists of a 20 lot commercial/light industrial subdivision on 26.2 acres. The plat includes approximately .35 miles of new public street. Access to the project will be provided from the I -10 frontage road and from River Road by means of Joiner Road. Upon completion of the staff s review, this Final Plat will be considered by the Town Council. Hopkins Family Trust Rezone The Town has initiated the rezoning of approximately 14 acres (Assessor's Parcel # 217 - 27 -0040) located adjacent to the Union Pacific Railroad, east of the I- IO/Marana Interchange. The property lies between the San Lucas project and the railroad. The proposed rezone is from the current Zone `B" (Transportation Corridor) to VC (Village Commercial) and CO (Commercial Office) to provide consistency with the zoning of the adjacent San Lucas property, so future development may be of like character to the larger San Lucas properties. A significant portion of the property will be needed for rights -of- way for the realignments of Cochie Canyon Trail and Adonis Road. Upon completion of review, this rezoning will be considered by the Planning Commission and Town Council. Landscape Plans The Planning Department has received the following Landscape Plans for administrative review: • Eckerd Drugstore • Continental Reserve Blocks 2 and 3 • • • Gladden Farms Block 11 • Twin Peaks Highland • Continental Reserve Blocks 2 and 3 Entry Landscape • Continental Reserve Block 2 and 3 Recreation Center Landscape General Plan Update for Growing Smarter On November 5, 2002, the Town Council approved the Growing Smarter Update of the Marana General Plan. A Town primary election was held on March 11, 2003. The General Plan was ratified by the voters, with over 90% of the votes cast in favor of approval of the plan. Zoning Code Amendments Protection of Cultural Resources Staff has drafted an amendment to the Land Development Code adding Title 20, Protection of Cultural Resources. The proposed ordinance addresses guidelines and specifications for the documentation and protection of archaeological and other cultural resources and encourages sensitive development within the Town. Its intent is to preserve cultural resources within the Town and protect and perpetuate the unique character of the geographic area where existing sites, objects, archaeological remains, architecture or other records of past eras can be of enduring value to the people of the Town in advancing education and appreciation of cultural heritage. The Planning Commission held a public hearing on the draft on December 18, 2002 after which the Commission recommended approval. Town Council consideration is expected on April 15, 2003. Title 3, Section 3.02, DEFINITIONS, "Building Height" A public hearing before the Planning Commission was held on January 22, 2003 to consider a requested amendment to Section 3.02, DEFINITIONS, "Building Height" of the Marana Land Development Code to change the definition of building height to create a consistent, uniform and more definitive definition, similar to that of the Pima County Zoning Code and that of other communities. The Planning Commission forwarded a recommendation to the Town Council for approval. Council approved a modified definition on March 18, 2003. • TOWN COUNCIL TOWN • MEETING OF INFORMATION MARANA DATE: May 6, 2003 AGENDA ITEM: IX. A. 1 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -32: Butterfly Mountain Final Plat: A request to approve a final Plat for a 28 -lot subdivision located on 103.77 acres on the north side of Moore Road, between Camino De Oeste and Thornydale Road, within aportion of Section 30, Township 11 South, Range 13 East. DISCUSSION: The applicant is requesting approval of a 28 -lot single family detached home subdivision on approximately 103.77 acres located on the northeast corner of Moore Road and Camino de Oeste. The zoning is R -144, (one residence per each 3.3 acres). The homes are envisioned to be custom built by individual contractors. Water is proposed to be supplied by Tucson Water, and each home will have an on -site septic system. The street within the subdivision will be private and maintained by the homeowners association. The primary entrance to the property is at the westerly end of Moore Road. This configuration will create a 370 foot offset in Moore Road. Preliminary discussions with the property owner of the adjacent property to the west, Section 36, have addressed a future realignment of Moore across that property. The applicant is being required to dedicate Moore Road to its ultimate width, but will not be improving it with this subdivision. The developer and the Development Services Administrator have agreed to a $10,000 contribution to the future improvement of Moore Road. The balance of the cost of improvement will be borne by the Town. The internal road, Butterfly Mountain Drive, terminates at Moore Road on the easterly end of the property. (This terminus is an emergency access only, weather permitting, with the access to an unimproved Moore Road.) A turn- around will be required per adopted Subdivision Street Standards. This project has been through a Section 7 consultation with U.S. Fish and Wildlife due to the significant vegetation on the property that is suitable for the Pygmy Owl. The Developer has agreed to a plan which will limit the amount of land cleared to less than. 20 percent of the total site. A Biological Opinion has been issued for the project which limits the grading and clearing of the property to approximately 17.6% grading, and the use of grading "envelopes ", sized as specified in the Biological Assessment. The requirements of that Biological Assessment have been echoed in the CC & R's for the project. All private land outside of the grading envelopes will be designated as "Natural Undisturbed Open Space Easement ", and will be administered by the Butterfly Mountain Homeowners Association. RECOMMENDATION: Planning S taff r ecommends approval of Resolution No. 2003 -32, The Butterfly Mountain Final Plat SUGGESTED MOTION: I move to approve Resolution No. 2003 -32. i • MARANA RESOLUTION NO. 2003-32 RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE FINAL PLAT FOR BUTTERFLY MOUNTAIN, SUBMITTED BY GEORGE CONSTANTINI, FOR A 28 -LOT SINGLE FAMILY DETACHED HOME SUBDIVISION ON 103.77ACRES LOCATED NORTH OF MOORE ROAD, BETWEEN CAMINO DE OESTE AND THORNYDALE ROAD, IN A PORTION OF SECTION 30, TOWNSHIP 11 SOUTH, RANGE 12 EAST. WHEREAS, George Constantini is the owner of approximately 103.77 acres of land located north of Moore Road, between Camino De Oeste and Thornydale Road, in a portion of Section 30, Township 11 South, Range 12 East, and has applied to the Town of Marana for approval of a Final Plat for that property, which consists of a 28 -lot single family detached home subdivision, including lots 1 through 28 and Common Area "A "; and WHEREAS, the Preliminary Plat for Butterfly Mountain was heard and approved by the Marana Town Council at their regular meeting of March 5, 2002; and WHEREAS, a Section 7 consultation with U. S. Fish and Wildlife has been completed for this development, resulting in the issuance of a Biological Opinion by that agency; and WHEREAS, the Mayor and Council have considered the application for the Final Plat at the regular Town Council meeting held May 6, 2003; and WHEREAS, the Mayor and Council have determined that approval of the Final Plat for Butterfly Mountain, is in the best interests of the residents of the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Butterfly Mountain Final Plat, submitted by George Constantin, for a 28- lot single family detached home subdivision on 103.77 acres located north of Moore Road, between Camino De Oeste and Thornydale Road, in a portion of Section 30, Township 11 South, Range 12 East, is hereby approved. Marano Resolution No. 2003 -32 Page 1 • PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2003. Mayor BOBBY SUTTON JR, ATTEST: Jocelyn C. Bronson APPROVED AS TO FORM: • Town Clerk Daniel J. Hochuli As Town Attorney and not personally • Marana Resolution Ao. 2003 -32 Page 2 TOWN OF MARANA NA Planning and Zoning Department MARA A 1 3696 W. Orange Grove Road ♦ Tucson, AZ 85741 .a�..,w (520) 297 -2920 Fax: (520) 297 -3930 PLANNING & ZONING APPLICATION LI 2. TYPE OF APPLICATION: (check one) V ❑ Preliminary Plat ❑ General Plan Amendment ❑ Variance Final Plat ❑ Specific Plan Amendment ❑ Conditional Use Permit ❑ Development Plan ❑ Rezone ❑ Other ❑ Landscape Plan ❑ Significant Land Use Change ❑ Native Plant Permit 2. 0 RE UIRED Assessor's Parcel Number(s) General Plan Designation To be confirmed by staff) Gross Area (Acre /Sq. Ft.) 1 '3• A 520 520 ©�. Current Zoning � � i To be confirmed by sta ff Development/Project Name Proposed Zoning Project Location C &2 pr�� Description of Project 2,0 LD bi-x ok L &A ' r t � j t 5 uo�l Property Owner r i cl V " ' ® s L. _ 30e ol Street Address y T City State Zip Code Phone Number Y Fax Number E -Mail Address 52,E 2RT% ntact Person Phone Number Applicant Street Address o t b � N � ©� • City State Zip Code Phone Number Fax Number E -Mail Address TUce?ovi ��I41 247 -9Id6 Contact Person � ' • hone k4umber � Agent/Representative Street Address City State Zip Code Phone Number Fax Number E -Mail Address Contact Person Town of Marana Business License No. 3,., AUTHOR)fZA 'IO t.Q PROPERTY:OW , . I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) Prin Name of Applicant/Agent Si afore Date �� J FO Q FFI USE ONLY Case No. - Date Received /et /OZ Receipt No. C — 6 (a CRW No. 0 fl� Received By Fee Amount 1 • Mm LOCATION MAP PRV -0124 �� "�� ��'� Butterfly Mountain TOWN OF MARANA TT I I I r Bu tterfly Mountain -- - I_- Request to approva a Final Plat for a 28 -lot subdivision on 103.77 acres. P. C 4a1, 00- 129\i9 NAA .DW 09/03/02 .}' . 8 m p - x C7- $ E7 y 4 y 1 i I P s o m �cA� ? >$ g� 1 y 3 o_Z x y y C = y i A z 0 S ,� ,s1 p ZA',[$.91 T m N C rn 1 b 'O G A CC c . p oN I- �i�•pm< N Z yA� R'I �.n V 2 > �3��➢< 717 KZZ V y f� n V' O y y I�1 F;CC$ f.,"� �AI Z "i �O° -1$`" N S�.I `" a nD �� -c. z iA" K O \/ : y� S - �_ C �� Ny <atQ< a. �Z Y - c c r�7o ^� v} m oz T 1 i ti r Q ad ao �oY °imago z P C. 1j 8 C n I15� J D y l D � � a Z •' ° S" n $ y � Ng Z a y o o�Z � Tao 1 O . m.d Z _ s ` �F �4D ~2 N VJ N mp A S(p �pK p m>�PZ�C�f1 O.a( sg Kl•)O. 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V: f' m �L `.i N b m 10 ID W f t O� N O N O O� g O N m k m CrJ `{`{�. So�k+,myyS Y; �� + "$ � mU "d, 2 n + m� �mitll N,,N,, b'" pp�� K�{ r�1� r�l pp `'4 �(, EEEEEEEEEEEmmmmEEmEm7Em EFn O W. m mEEmr mEEEmmmEm E,+,mEm E mEmmEmmmmm�EE x" 3EmmE mm EmE g L -n ( i � �� o ♦ � ♦ � ' �� I V WO 1 WW++p�tm(�p�p N N A W Nw O�a�N �m W O +� ( O OOO O O SOD OD��N �N N� YGO Oo �t0 � Ol W O f. t0U N" Sn+- : X p; p �0�yy SA ltl$ ONN ��5 W NGO V W W ROOK PAGE TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: May 6, 2003 AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Farhad Moghimi, P.E., Director of Public Works /Town Engineer SUBJECT: Resolution No. 2003 -38: Acceptance of the dedication of Dove Mountain Boulevard Phase IV, Secret Springs Drive, and a portion of Saguaro Forest Loop as Public Right -of -Way and a Public Road Way and Drainage Easement along the above proposed public rights- of -way, in accordance with the Dove Mountain Specific Plan. DISCUSSION: The Dove Mountain Specific Plan was adopted by the Marana Town Council on March 28, 2000. On this date the Marana Mayor and Council combined the Redhawk Specific Plan, Dove Mountain Specific Plan I and the Dove Mountain Specific Plan H and renaming those specific plans collectively as "Dove Mountain Specific Plan" for the property contained therein and situated within portions of Sections 12, 14, 15, 16, 21, 22, 23, 24, 25, 26 and 35, Township 11 South, Range 12 East and portions of Sections 7, 8, 18, and 19, Township 11 South, Range 13 East. The Dove Mountain Specific Plan "Circulation Concept Plan" states all roadways within the project boundary will be public and will be dedicated to and maintained by the Town of Marana or other appropriate jurisdictions /district unless designated as private roads in the subdivision approval process. In accordance with the Dove Mountain Specific Plan "Circulation Concept Plan" Lawyers Title of Arizona, Inc. Trust No. 7804 -T and 7805 -T, has requested to convey to the Town of Marana the following parcels of real property for public road right -of -way and public utility purposes: • Dove Mountain Boulevard Phase IV, approximately 12.2 acres in size, situated within the Dove Mountain Specific Plan area in Section 22 and 23, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, and whose boundaries are more particularly described in attached Exhibit A. • Secret Springs Drive, approximately 6.388 acres in size, situated within the Dove Mountain Specific Plan area in Section 14, 15, and 22, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Pima. County, Arizona, and whose boundaries are more particularly described in attached Exhibit B. • Saguaro Forest Loop, approximately 2.362 acres in size, situated within the Dove Mountain, Specific Plan area in Section 15, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, and whose boundaries are more particularly described in attached Exhibit C. To provide adequate access for maintenance and drainage Lawyers Title of Arizona, Inc. Trust No. 7804 -T and 7805 -T, has also requested to convey to the Town of Marana a public roadwa PW/FM/MF 4/30/2003 6:59 PM and drainage easement as needed for Dove Mountain Boulevard Phase IV, Secret Springs Drive, and Saguaro Forest Loop, situated within the Dove Mountain Specific Plan area, and whose boundaries are more particularly described in attached Exhibit D. RECOMMENDATION: Staff recommends the Council accept the dedication of Dove Mountain Boulevard Phase IV, Secret Springs Drive, and a portion of Saguaro Forest Loop as Public Right -of -Way along with the public roadway and drainage easement as need for each of these roadways. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -38. • PW/FM/MF 4/30/2003 6:59 PM MARANA RESOLUTION NO. 2003-38 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING THE DEDICATION OF DOVE MOUNTAIN BOULEVARD PHASE IV, SECRET SPRINGS DRIVE, AND A PORTION OF SAGUARO FOREST LOOP AS PUBLIC RIGHT -OF -WAY AND A PUBLIC ROAD WAY AND DRAINAGE EASEMENT ALONG THE ABOVE PROPOSED PUBLIC RIGHTS -OF -WAY, IN ACCORDANCE WITH THE DOVE MOUNTAIN SPECIFIC PLAN. WHEREAS, the Dove Mountain Specific Plan was adopted by the Marana Town Council on March 28, 2000; and WHEREAS, the Redhawk Specific Plan, Dove Mountain Specific Plan I, and Dove Mountain Specific Plan II, have been renamed collectively as the "Dove Mountain Specific Plan" by the Mayor and Council on this same day, and • WHEREAS, the Dove Mountain Specific Plan "Circulation Concept Plan" states all roadways within the project boundary will be public and will be dedicated to and maintained by the Town of Marana or other appropriate jurisdiction/district unless designated as private roads in the subdivision approval process; and WHEREAS, in accordance with the Dove Mountain Specific Plan Circulation Concept Plan, Lawyers Title of Arizona, Inc. Trust No. 7804 -T and 7805 -T, has requested to convey to the Town of Marana real property for public road right -of -way and public utility purposes consisting of Dove Mountain Boulevard Phase IV, Secret Springs Drive, and Saguaro Forest Loop; and WHEREAS, in accordance with the Dove Mountain Specific Plan Circulation Concept Plan, Lawyers Title of Arizona, Inc. Trust No. 7804 -T and 7805 -T, has also requested to convey to the Town of Marana a public roadway and drainage easement along the above mentioned alignments; and WHEREAS, it has been determined by the Mayor and Council that the Dove Mountain Boulevard Phase IV (12.2 acres) public rights -of -way, as shown on the attached map and legally described on Exhibit A attached hereto and incorporated herein by this reference, are acceptable for dedication to the Town; and WHEREAS, the Mayor and Council have further determined that the Secret Springs Drive (6.388 acres) public rights -of -way, as shown on the attached map and legally described on Exhibit B, • attached hereto and incorporated herein by this reference, are acceptable for dedication to the Town; and Page 1 of 2 PW /JRD /MF /04/30/03 6:54 PM Marana, Arizona Resolution No. 2003 -38 WHEREAS, the Mayor and Council accept to the dedication of the Saguaro Forest Loop • (2.362 acres) public rights -of -way, as shown on the attached map and legally described on Exhibit C, attached hereto and incorporated herein by this reference; and WHEREAS, as determined by the Mayor and Council, the Public Roadway and Drainage Easement, as shown on the attached map and legally described on Exhibit D, attached hereto and incorporated herein by this reference, is acceptable for dedication to the Town; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town of Marana shall accept the dedication of the public rights -of -way of Dove Mountain Boulevard Phase IV, Secret Springs Drive, Saguaro Forest Loop and the Public Roadway and Drainage Easement, more fully depicted within the respective attached maps and legally described within the respective attached Exhibit's A, B, C, and D. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6 day of April, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally • Page 2 of 2 PW /JRD /MF/04/30/03 6:54 PM Marana, Arizona Resolution No. 2003 -38 S TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: May 6, 2003 AGENDA ITEM: IX. A. 3 TO: Mayor and Council FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2003 -39 — Approval of Intergovernmental Agreement Between Pima County and the Town of Marana Police Department, a member agency of the High Intensity Drug Trafficking Area (H.I.D.T.A.) Program Drug Grant Agreement. DISCUSSION: This Intergovernmental Agreement is a renewal of a current I.G.A. with Pima County. This agreement establishes certain guidelines for the disbursement of funds from the Federal grant that reimburses the Town employee costs associated with one (1) of the Marana police officers assigned to the Metropolitan Area Narcotics Trafficking Interdiction Squad (MANTIS). The Office of National Drug Control Policy has awarded funds to the Pima County Sheriff's Department to be allocated to member agencies of the Arizona Southwest Border HIDTA Program. The Town of Marana will receive $49,918.00 for personnel costs related to one (1) of the officer positions assigned to M.A.N.T.I.S. The Sheriff's Department is the administrator of the grant funds. The police department has two (2) police officers assigned to MANTIS. Funding for the second position is through a separate grant, which the City of Tucson administers. RECOMMENDATION: Staff recommends approval of the Intergovernmental Agreement between Pima County and the Town of Marana Police Department regarding the High Intensity Drug Trafficking Program Drug Grant Agreement. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -39. MARANA RESOLUTION NO. 2003-39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE ADMINISTERING AND DISBURSEMENT OF FUNDS FROM THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (HIDTA XII). WHEREAS, the Town of Marana, Pima County, Arizona, recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the Office of National Drug Control Policy (ONDCP) has awarded funds to the Pima County Sheriff's Department to administer; and WHEREAS, the Marana Police Department is a member of the H.I.D.T.A. Southwest Border Alliance; and WHEREAS, under the terms of the H.I.D.T.A. grant, the Marana Police Department may receive up to $49,918.00; and WHEREAS, attached hereto as exhibit A and incorporated herein by this reference, an agreement has been prepared which equitably sets out the rights and responsibilities of the Town and the County in administering the H.I.D.T.A. grant. NOW, THEREFORE, BE IT RESOLVED the Mayor and Council of the Town of Marana, Pima County, Arizona, authorize the Town to execute the Intergovernmental Agreement by and between the Town and Pima County, attached hereto as Exhibit A, to allow for the distribution of said monies in accordance with the terms of the H.I.D.T.A. grant. PASSED AND ADOPTED BY the Mayor and Council of the Town of Marana, Pima County, Arizona, this 6 ffi day of May, 2003. Mayor BOBBY SUTTON, JR. t ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Marana Police Department ARIZONA ALLIANCE PLANNING COMMT17EE (AAPC) HIDTA EXECUTIVE BOARD INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN PIMA COUNTY AND MEMBER AGENCIES OF THE HIGH INTENSITY DRUG TRAAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (HIDTA XIII) Whereas, the Office of National Drug Control Policy (ONDCP) has awarded $9,616,780 to the Pima County Sheriff's Department, a department of Pima County, a corporate and body politic of the State of Arizona. Whereas, the grant money is to be allocated to member agencies of the Arizona Southwest Border HIDTA Program to be spent in accordance with (ONDCP) guidelines. Whereas, the PIMA COUNTY SHERIFF'S DEPARTMENT (hereinafter referred to as PCSD), a member of the HIDTA Program, is willing to act as the administrator of the grant funds. This agreement is made on this day, , by and between the PIMA COUNTY through the PCSD, and the Marana Police Department, hereinafter referred to as the GRANTEE. PIMA COUNTY is authorized to enter this agreement pursuant to A.R.S 11 -201, 11 -251 and 11 -951 through 11 -954. DEFINITION OF TERMS: Now, THEREFORE, it is agreed between the parties as follows: GRANTEE: Any State or Local agency in the State of Arizona who is a recipient of HIDTA 2003 Grants. BOARD: Defined as the Members of the Arizona HIDTA Executive Committee and its Executive staff defined as the Arizona Alliance Planning Committee. The day -to -day compliance and review of HIDTA initiatives within the State of Arizona will be carried out by the staff of the Arizona Alliance Planning Committee (AAPC) at the direction of the Arizona HIDTA Executive Committee (AHEC). ADN ENISTRATOR: The accounting section of the Pima County Sheriff's Department will handle the processing of vouchers for payment or reimbursement to the GRANTEES. L This agreement is effective October 1, 2002 and will terminate on September 30, 2004. Expenditures made on or after October 1, 2002 are eligible for reimbursement. This HIDTA Program grant expires at the end of the agreement period, unless prior written approval for an extension has been obtained from the Administrator/PCSD. This decision will be made by the PCSD after consultation with the BOARD. Any extensions will be contingent upon approval by cognizant federal authorities of an extension of the HIDTA grant award number I3PSAP549 between the Office of National Drug Control Policy (ONDCP) and PCSD. The GRANTEE agrees to return any unexpended funds to the BOARD within 60 days of the expiration of this grant. 2. The GRANTEE agrees that HIDTA Program grant funds shall be used to support and enhance activities intended to deter, investigate, and/or prosecute drug offenders. Grant funds will not be used to supplant State and/or local funds that would otherwise be made available for such purposes. 3. The GRANTEE shall operate in a manner consistent with, and in compliance with, the provisions and stipulations of the approved HIDTA Program grant and this agreement. If the Administrator/PCSD finds non- compliance, the GRANTEE will receive a formal written notice, which identifies the area of non - compliance and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps which are being taken to correct the problem, the Administrator/PCSD may suspend funding or permanently terminate the agreement or revoke the grant. Any deviations or failure to comply with the purpose and/or conditions of this agreement without the permission from the Administrator/PCSD may constitute sufficient reason for the PCSD to terminate the agreement and revoke the grant. It will also require the return of all unspent funds, require an audit of expended funds be performed at GRANTEE'S expense, and require the return of any previously expended funds which are deemed to have been spent in violation of the purposes and conditions of the grant. 4. The approved program budget is shown below. The GRANTEE may make budget adjustments of up to ten percent of the total budget of the grantee in any approved initiative after notification in writing to the staff of the Arizona Alliance Planning Committee and the Administrator/PCSD and after receiving the signature approval from the Arizona HIDTA Director. Adjustments or reprogramming in excess of ten percent of the grantee's budget in an initiative or any reprogramming between initiatives ; in any amount, require the approval of the BOARD, and the Arizona HIDTA/ONDCP Representative. Request for budget adjustments or reprogramming must be submitted in writing to the AAPC. Approved program budgets for the Marana Police Department in HIDTA 2002 initiatives: Metropolitan Area Narcotics Trafficking Interdiction Squad (MANTIS) $49,918.00 Total: $49,918.00 5. The GRANTEE agrees to comply with the financial and administrative requirements set forth in the effective edition of the ONDCP Financial and Administrative Guidelines and the HIDTA Program Policy and Budget Guidance — 09/27/01. 6. The GRANTEE agrees that it will provide accounting, auditing, and monitoring procedures to safeguard HIDTA Program grant funds and keep such records to assure proper fiscal controls, management, and the efficient disbursement of HDTA Program grant funds. Disbursement of EMTA Program grant funds to the GRANTEE can be on a reimbursement or advance basis. Reimbursement requests should be made on a monthly basis to the Pima County Sheriff's Department Finance Unit. Requests for reimbursement must include a detailed listing of expenditures summarized by budget category. The request must contain receipts for equipment purchases which exceed $1,000.00 in cost. Supporting documentation for all expenditures will be kept available by the GRANTEE for audit and review purposes for a period of 3 years (Ref. HDTA Financial & Administrative Guidelines of January 1997). Advances for expenditures may be requested to be made within a thirty -day period. The request must be signed by an authorized representative of the GRANTEE. 7. Prior to the expenditure of confidential funds, an authorized agent of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in Attachment A, paragraph #4 ONDCP financial and administrative guidelines. This signed certification shall be designated Attachment A of this agreement and incorporated herein by reference. 8. The GRANTEE agrees to submit periodic financial and performance reports to the BOARD, on forms provided by the BOARD, documenting the activities supported by the HDTA Program grant funds and providing an assessment of the impact of those activities on drug trafficking. The reports shall be submitted at specific timetables to be determined by the BOARD and the Office of National Drug Control Policy. 9. Budget item submissions for equipment and other contract items are accepted as best estimate only and are not deemed approved at that price. The GRANTEE is required to assure such items are not duplicative or excessive, and should make market survey and ow obtain the best price available. The GRANTEE shall follow the same procurement policies and procedures that it uses for obtaining non - federal funds. The GRANTEE will comply with all applicable procurement laws. 10. ui ment acquired under this rant r Eq P q ­1 p program must be used by the GRANTEE in the program or project for which it was acquired a long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy ( ONDCP). The GRANTEE may dispose of the original equipment when no longer needed or supported by the ONDCP. Items with a current per -unit fair market value of less than $5,000.00 may be retained or sold and the ONDCP shall have a right to an amount as stated in the Financial and Administrative Guide for Grants (OJPM7100.OD). 11. This agreement may be modified only by a written amendment signed by persons duly authorized to enter into agreements on behalf of the PCSD and GRANTEE. Any notice given pursuant to this agreement shall be in writing and shall be considered to have been given when actually received by the following addresses or their agents or employees. a. If to the PCSD. PIMA COUNTY SHERIFF'S DEPARTMENT 1750 East Benson Highway Tucson, Arizona 85714 Attn: Betty Cohen H DTA Accounting Officer b. If the GRANTEE. Marana Police Department 13291 North Lon Adams Road Marana, Arizona 8653 Attn: pletpl. Vtb,4Ki1g A 12. The GRANTEE agrees that in the event that a Federal or State court, or Federal or State administrative agency, after a due process hearing, makes a finding of discrimination on the grounds of race, color, religion, national origin, sex, age, or handicap against the GRANTEE regarding the program or activities supported by the IMTA Program grant, the GRANTEE will forward a copy of such findings to the PCSD and the BOARD. 13. The GRANTEE acknowledges that it is acting independently and that it retains sole responsibility for payment of salary of any of its employees including any hired with grant funds. Grantee agrees that it is solely responsible for the payment of all federal, state, and local taxes associated with compensation pursuant to this agreement. Grantee also agrees that it is solely responsible for worker's compensation and any other benefits due to its employees. 14. The GRANTEE agrees to insure, defend and hold harmless, PCSD, Tucson Airport Authority (TAA), the Grant Administration and Pima County, its officers, departments, employees and Agents for any vicarious, derivative liability which may arise as a result of this contract. 15. Grantee agrees to maintain insurance pursuant to Arizona Law. 16. "COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT. Grantee shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 USC 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36." 17. This contract is subject to the provisions of A.R.S #38 -511 which provides in pertinent part: " The state, its political subdivisions or any department of either may, within three years after its execution, cancel, any contract, without penalty or further obligation, made by the state, its political subdivision, or any of the departments or agencies of either if any person significantly involved in initiating negotiating, securing, drafting, or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the contact or any extension of the contract is in effect, an employee or agent of any other party to the contract with respect to the subject matter of the contract. 18. All parties agree to comply with all applicable nondiscrimination requirements of ARS #41 -1463, all applicable State and Federal civil rights laws, and Executive Order 99-4. 19. GRANTEE agrees to support and cooperate, to the extent possible, the missions, goals and objectives of the Arizona HIDTA Intelligence and Operations Support Center and the annual policy guidance for the High Intensity Drug Trafficking Area Program. IN WITNESS WHEREOF, the parties have made and executed this agreement the day and year first above written: FOR THE GRANTEE: Approved as to form and as to authority granted by law (For the GRANTEE) Statutory or other legal authority to enter into this agreement: (grantee) FOR THE GRANTOR: For the Pima County Sheriff's Department: Pima County Sheriffs Department Approved as to form and as to authority granted by law Deputy County Attorney, Pima County Statutory or other legal authority to enter into agreement Chairperson, Pima County Board of Supervisors Attest: Clerk of the Board Budget Detail Report Fiscal Fear: 2003 NIDTA Location: SWB Arizona Task Force: Metropolitan Area Narcotics Trafficking Interdiction Squad (MANTISnt: I3PSAP549 • ecipient Agency: Pima County Sheriff's Department ) esource Agency: Marana Police Department Personnel: Name Annual Time Amount Police Officer 539,934.00 I 539,934 Total Personnel: 539,934 Benefits: Name Annual Time Amount Police Officer 59,984.00 I 59,984 Total Benefits: 59,984 Total: 549,918 • • Pace 39 of 71 TOWN COUNCIL TOWN MEETING OF , am INF ORMATION MARANA jjb ATE: May 6, 2003 AGENDA ITEM: IX. A. 4 TO: Mayor and Council FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2003 -43 Approval of General Services Intergovernmental Agreement and Amendment No. 1 to the Intergovernmental Agreement between the Town of Marana (on behalf of the Marana Police Department) and the Pima County Health Department for the State Domestic Preparedness Program Grant. DISCUSSION: The Town of Marana and Pima County entered into an Intergovernmental Agreement effective May 1, 2002, wherein the Town receives allocations from Pima County for equipment purchases related to this grant. The County and the Town wish to renew and modify the agreement by extending the time period an additional nine months, so that the final payments for purchases will be made no later than February 28, 2004. RECOMMENDATION Staff recommends that Council approve the Intergovernmental Agreement and Amendment No. 1 to the Intergovernmental Agreement for the State Domestic Preparedness Program Grant relating to allocations. SUGGESTED MOTION: I move to approve Resolution No. 2003 -43. • ADMIN/MAR:JB 04/30/03 r • MARANA RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY RELATING TO RECEIPT AND USE OF GRANT FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE 2001 STATE DOMESTIC PREPAREDNESS PROGRAM. WHEREAS, A.R.S. § 11 -952 grants the Town of Marana the authority to enter into intergovernmental agreements; and WHEREAS, the Town of Marana and Pima County entered into an Intergovernmental Agreement for the Town to receive grant funding from the U.S. Department of Justice 2001 State Domestic Preparedness Program; and WHEREAS, that Agreement has expired; and • WHEREAS, the parties wish to extend the Agreement so that the Town may continue to receive and use funds pursuant to the program and the Agreement; and WHEREAS, the Mayor and Council have determined that the Intergovernmental Agreement should be amended to extend its expiration and fund use dates; and WHEREAS, staff from the Town and the County have prepared an amendment document, attached hereto as Exhibit A and incorporated herein by this reference, and the Mayor and Council have reviewed the amendment document and find that the terms contained therein are equitable and in the best interest of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council ofthe Town ofMarana, Arizona, that the Intergovernmental Agreement for the Town to receive grant funding from the U.S. Department of Justice 2001 State Domestic Preparedness Program is amended pursuant to the amendment attached hereto as Exhibit A, and the terms of that amendment are hereby approved and adopted. BE IT FURTHER RESOLVED that the various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution. Marana, Arizona Resolution No. 2003 43 i • PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6' day of May, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally Marana, Arizona Resolution No. 200343 t • EXHIBIT A [Amendment to IGA] • Marana, Arizona Resolution No. 200343 AMENDMENT NO. 1 TO INTERGOVERNMENTAL AGREEMENT NO. 01-01-M-131394-0502 I. The AGREEMENT made by and between PIMA COUNTY, a political subdivision of the State of Arizona, for and on behalf of Pima County Health Department, hereinafter referred to as COUNTY, and the Town of Marana, for and on behalf of the Marana Police Department, a municipal corporation, hereinafter referred to as CONTRACTOR, pertaining to the U. S. Department of Justice 2001 State Domestic Preparedness Program Grant, is hereby amended as follows: A. Section II.A. is amended to extend the Agreement for a nine -month period through January 31, 2004 pursuant to Section I.G. as follows: "A. This Intergovernmental Agreement is effective May 1, 2002 and is terminated on January 31, 2004. The fully executed Intergovernmental Agreement shall be recorded with the Pima County Recorder." B. Section N.B. is amended to extend the time period for equipment purchases by the CONTRACTOR through January 31, 2004 as follows: "IV.B. Funds in the amount of $17,486 have been allocated for equipment purchases by CONTRACTOR during the period from May 1, 2002 through January 31, 2004. Total payments by COUNTY to CONTRACTOR under this Intergovernmental Agreement shall not exceed Seventeen Thousand Four Hundred Eighty Six Dollars ($17,486)." C. Section IV.C. is amended to change the final equipment purchase date from April 30, 2003 to January 31, 2004 and to change the purchase documentation due date from June 30, 2003 to February 28, 2004 as follows: "IV.C. All proof of payment documentation must be received by COUNTY prior to dispersal of funds. No payments under this Agreement will be made for purchases made after January 31, 2004 and for purchase documentation received after February 28, 2004." H. The effective date of this Amendment is May 1, 2003. III. All other elements of the original AGREEMENT not amended by Amendment No. 1 remain unchanged. IN WITNESS WHEREOF, the parties do hereby agree to carry out the terms of this Amendment to the INTERGOVERNMENTAL AGREEMENT. PIMA COUNTY TOWN OF MARANA By: By: Chair Mayor Pima County Board of Supervisors Town of Marana ATTEST ATTEST B` y • Clerk Pima County Board of Supervisors own of Marana MaranaDOJAml.doc 1 APPROVED AS TO CONTENT By: Director Pima County Health Department Pursuant to A.R.S. § 11 -952, the undersigned public agency attorneys have determined that this Intergovernmental Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. By: t, ' B Deputy Cou& `Attorney Attorney Town of Marana MaranaDOJAml.doc 2 Intergovernmental Agreement between PIMA COUNTY and the TOWN OF MARANA, for Equipment Purchases under the U. S. Department of Justice 2002 State Domestic Preparedness Program Grant. This Intergovernmental Agreement is entered into by and between Pima County, a body politic and corporate of the State of Arizona, for and on behalf of Pima County Health Department, hereinafter referred to as COUNTY, and the Town of Marana, for and on behalf of the Marana Police Department, hereinafter referred to as CONTRACTOR, pursuant to A.R.S. § 11 -952. Recitals A. WHEREAS COUNTY was awarded the United States Department of Justice 2002 State Domestic Preparedness Program Grant through the Arizona Division of Emergency Management; and B. WHEREAS COUNTY and CONTRACTOR 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. C. WHEREAS COUNTY wishes to supplement certain types of equipment necessary for terrorist incident response in Pima County; and D. WHEREAS CONTRACTOR is qualified to utilize said equipment for response to a terrorist incident; and r E. WHEREAS pursuant to the United States Department of Justice 2002 State Domestic Preparedness Program Grant, CONTRACTOR is named as a recipient under the grant award. NOW, THEREFORE, COUNTY and CONTRACTOR, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: Agreement I. Purpose. The purpose of this Intergovernmental Agreement is to set forth the responsibilities of the parties for the purchase of equipment under the State Domestic Preparedness Equipment Program and to address legal and administrative matters among the parties. II. Scope. CONTRACTOR may only utilize the funds provided pursuant to this Agreement for the purchase of items listed on the Authorized Equipment Purchase List in Exhibit A. In order to be reimbursed, CONTRACTOR must submit to COUNTY proof of purchase for such items. Proof of purchase may include paid purchase orders, warrants or claim demand documents showing the vendor name and address, details of purchase, and amounts) paid for listed equipment. In no event will COUNTY reimburse CONTRACTOR for more than the total Recommended Allocation in the Proposed FY 2002 DOJ Equipment Grant Allocations (Exhibit B). III. Financing. A. COUNTY shall reimburse CONTRACTOR upon receipt of required documentation showing proof of purchase of authorized equipment as listed above in Section II. Only grant funds will be used for compensation and payments paid to CONTRACTOR. B. Funds in the amount of $42,125 have been allocated for equipment purchases by CONTRACTOR (See Proposed FY 2002 DOJ Equipment Grant Allocation at Exhibit B. Total payments by COUNTY to CONTRACTOR under this Intergovernmental Agreement shall not exceed Forty Two Thousand One Hundred and Twenty Five Dollars ($42,125). TofMARANADOJ 02.doc 1 C. All proof of payment documentation must be received by COUNTY prior to dispersal of funds. No payments under this Agreement will be made for purchases made after July 31, 2004 and for purchase documentation received after August 31, 2004. IV. Term. This Intergovernmental Agreement shall be effective on the date it is recorded with the Pima County Recorder. Except as otherwise provided in this Agreement, this Agreement shall terminate on July 31, 2004. Any modification or time extension of this Agreement shall be by formal written amendment and executed by the parties hereto. V. Termination. Either party may terminate this Agreement at any time by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. VI. Insurance. CONTRACTOR shall provide evidence of insurance as follows: A. Commercial general liability in the amount of $1,000,000.00 combined, single limit Bodily Injury and Property Damage or $1,000,000.00 Bodily Injury, $1,000,000, $1,000,000.00 Property Damage. Pima County is to be named as an additional insured for all operations performed within the scope of the Contract between Pima County and CONTRACTOR. B. Automobile liability coverage for owned, non -owned and hired vehicles must be provided with limits in the amount of $1,000,000.00 combined single limit ore $1,000,000.00 Property Damage; C. If this Contract involves professional services, evidence of professional liability insurance in the amount of $I,000,000.00 must be provided; and, D. Evidence of statutory Worker's Compensation coverage must also be provided. All certificates of insurance must provide for guaranteed thirty (30) days written notice of cancellation, non - renewal or material change. Any modifying language in the insurance certificate must be deleted. VI. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be served by delivery or by certified mail upon the other party as follows: COUNTY: CONTRACTOR: Director Chief, Marana Police Department Pima County Health Department 13291 N. Lon Adams Road 150 West Congress Marana, Arizona 85653 Tucson, Arizona 85701 520- 682 -4466 VII. Indemnification. CONTRACTOR shall indemnify, defend and hold harmless Pima County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which result from any act or omission of CONTRACTOR, its agents, employees or anyone acting under its direction, control or on its behalf unless due solely to county negligence. VIII. Compliance with Laws. CONTRACTOR shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. TofMARANADOJ 02.doc 2 IX. Non - Discrimination. CONTRACTOR 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 CONTRACTOR'S duties pursuant to this Agreement. CONTRACTOR shall comply with the provisions of Executive Order 75 -5, as amended by Executive Order 99 -4, which is incorporated into this Agreement by reference, as if set forth in full herein. X. ADA. CONTRACTOR 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. XI. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. XII. 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. XIII. Non - Appropriation. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, Pima County shall have no further obligation to CONTRACTOR other than for payment for services rendered prior to cancellation. XIV. Legal Authority. Neither party warrants to the other its legal authority to enter into this Agreement. If a court, at the request of a third person, should declare that either party lacks authority to enter into this Agreement, or any part of it, then the Agreement, 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. XV. 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. XVI. No Joint Venture. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement 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 CONTRACTOR employees, or between CONTRACTOR and any COUNTY employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. XVII. No Third Party Beneficiaries . Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. XVIII. Other Documents. CONTRACTOR is a subcontractor to COUNTY under the Arizona Division of Emergency Management (ADEM) U. S. Department of Justice 2002 State Domestic Preparedness Grant, the terms and conditions of which are expressly made a part of this Intergovernmental Agreement. (See Exhibit C) and shall apply with equal forces to CONTRACTOR as if CONTRACTOR were the "Sub- grantee" referred to therein and as if PIMA COUNTY where the "ADEM" referred to herein. Additionally, where the word "State" appears, it is understood to include PIMA COUNTY. XIX. Entire Agreement. This document constitutes the entire agreement between the parries pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Agreement 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 as appropriate. TofMARANADOJ 02.doc 3 IN WITNESS WHEREOF, the parties do hereby agree to carry out the terms of this INTERGOVERNMENTAL AGREEMENT. PIMA COUNTY CONTRACTOR By: B Chair V Ir Pima County Board of Supervisors ATTEST ATTEST By: B Clerk clerk Pima County Board of Supervisors Town of Marana APPROVED AS TO CONTENT By: By: Director Town „ anager Pima County Health Department Pursuant to A.R.S. § 11 -952, the undersigned public agency attorneys have determined that this Intergovernmental Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. By: B Deputy Co Attorney Attorney TofMARANADOJ 02.doc 4 7��-�3 Fiscal Year 2002 Authorized Equipment Purchase List The Fiscal Year 2002 State Domestic Preparedness Program authorized equipment purchase list was derived from the Standardized Equipment List (SEL). The SEL was developed by the Interagency Board (IAB) for Equipment Standardization and Interoperability. The IAB compiled the SEL to delineate the types of equipment necessary for terrorist incident - response. Because the SEL also contains lists of general use and support equipment, a more - narrow list was derived from the SEL to identify the specific types of specialized equipment authorized for purchase under the Fiscal Year 2002 State Domestic Preparedness Program. A cross'-section of officials representing-the U.S. Department of Justice (OJP and FBI), the Public Health Service (PHS), the Federal Emergency Management Agency (FEMA), the U.S. Department�of Energy (DOE), - and State and local WMD response experts assisted in the development of this authorized equipment purchase list and in identifying unallowable items. Authorized equipment purchases may be made in the following categories: 1. Personal Protective Equipment (PPE) 2.. Explosive Device Mitigation and Remediation Equipment 3. WMD Technical Rescue Equipment 4. Interoperable Communications Equipment 5. Detection Equipment 6. Decontamination Equipment 7. Physical Security Enhancement Equipment 8. General Support Equipment 9. Medical - Supplies and Limited Types. of Pharmaceuticals 1. Personal Protective Equipment- Equipment worn to protect the individual from hazardous materials and contamination. Levels of protection vary and are divided into three categories based on the degree of protection afforded. . The following constitutes equipment intended for use in a chemical/biological- threat environment: Level A. Fully encapsulated liquid and vapor protective ensemble selected when the highest level of skin, respiratory and eye protection is required. The following constitutes Level A equipment for consideration: • Fully Encapsulated Liquid and Vapor Protection Ensemble, reusable or disposable (tested and certified against. CB threats) • Fully Encapsulated Training Suits • Testing Equipment for fully encapsulated suits • Closed ;Circuit .Rebreather (minimum 2 -hour supply, preferred), or open - circuit SCBA or, when appropriate, Air -Line System with 15 minute minimum escape SCBA • Spare Cylinders /Bottles for rebreathers or SCBA and service /repair kits • Chemical Resistant Gloves, including thermal, as appropriate to hazard • Personal Cooling System; Vest or Full Suit with support equipment needed for Exhibit A maintaining body core temperature within acceptable limits • Hardhat • Chemical /Biological Protective Undergarment (fire resistant optional) . • Inner.Gloves • Approved Chemical Resistant Tape • Chemical Resistant Boots, Steel or Fiberglass Toe and Shank . • Chemical Resistant Outer. Booties • HAZMAT gear bag/box Level B. Liquid splash resistant ensemble used with highest level of, respiratory protection. The following constitute Level B equipment and should be considered. for use: • Liquid Splash Resistant Chemical Clothing, encapsulated or non - encapsulated • Liquid Splash Resistant Hood • Closed- Circuit Rebreather (minimum 2-hour supply, preferred), open - circuit SCBA, or when appropriate, Air -Line System with 15- minute minimum escape SCBA • Spare Cylinders /Bottles for rebreathers or SCBA.(NIOSH- approved) and service /repair kits • Chemical Resistant Gloves, including thermal, as appropriate to- hazard • Personal Cooling System; Vest or Full Suit with support equipment. needed for maintaining body core temperature within acceptable limits • Hardhat • Chemical /Biological Protective Undergarment (fire resistant optional) • Inner Gloves • Approved Chemical Resistant Tape • Chemical Resistant Boots, Steel or Fiberglass Toe and Shank • Chemical Resistant Outer Booties • HAZMAT Gear Bag /Box Level, C. Liquid splash resistant ensernble,.with same level of skin protection of Level B, used when the concentration(s) and type(s) of airborne substances(s) are known and the criteria for using air - purifying respirators are met. The following constitute Level C equipment and should be considered for use: - Liquid Chemical Splash. Resistant Clothing (permeable or non - permeable) • Liquid Chemical Splash Resistant Hood (permeable. or non - permeable) • Tight - fitting, Full Facepiece, Negative Pressure Air Purifying Respirator with the appropriate cartridge(s) or canister(s) and P100 filter(s) for protection against toxic industrial chemicals, particulates, and military specific agents. • Tight- fitting, Full Facepiece, Powered Air Purifying Respirator (PAPR) or PAPR with chemically resistant hood with appropriate cartridge(s) or canister(s) and high- efficiency filter(s) for protection against toxic industrial chemicals,.. particulates, and military specific agents. • Equipment or System Batteries will include those that are rechargeable (e.g. NiCad) or non- rechargeable with extended shelf life (e.g. Lithium) •.Chemical Resistant Gloves, including thermal, as appropriate to hazard - • Personal Cooling System; Vest or Full Suit with support equipment . • Hardhat • inner Chemical/Biological Resistant Garment (fire resistant optional) • Inner Gloves • Chemical Resistant Tape • Chemical Resistant Boots, Steel or Fiberglass Toe and Shank • Chemical Resistant Outer Booties • HAZMAT Gear Bag /Box Level D. Selected when no respiratory protection and minimal skin protection is required, and atmosphere contains no known hazard a.nd work functions preclude splashes, immersion, or the potential for unexpected inhalation of, or . contact with, hazardous levels of any chemicals. • Escape mask for self - rescue Note: During WMD response operations, the Incident commander determines the appropriate level of personal protective equipment. As a guide, Levels A, B, and C are applicable for / chemica l /biological/radiological contaminated environments. Personnel entering protective postures must undergo medical monitoring prior to and after entry. In addition, the National Fire Protection Association (NFPA) recommends that 1) open- circuit chemical, biological, radiological and nuclear (CBRN) SCBA be certified by NIOSH as positive pressure (pressure demand) and also as compliant with NFPA 9981, Standard for Open- Circuit Self - Contained Breathing Apparatus for Fire and Emergency Services, 2) regular open - circuit SCBA be certified by NIOSH as positive pressure (pressure demand) and also as compliant with NFPA 1981, Standard for Open'Circuff Self- Contained Breathing Apparatus for Fire and Emergency Services, and, 3) closed - circuit SCBA should be certified by NIOSH as positive pressure (pressure demand)' and have a rated service life of longer than 2 hours Further, NFPA recommends that grant recipients should purchase. 1) protective ensembles for chemical and biological terrorism incidents that are certified as compliant with Class 1, Class 2, or Class 3 requirements of NFPA 1994, Protective Ensembles for Chemical/Biological Terrorism Incidents, 2) protective ensembles for hazardous materials emergencies that are certified as compliant with NFPA 1991, Standard on Vapor Protective Ensembles for Hazardous Materials Emergencies, including the chemical and biological terrorism protection; 3) protective ensembles for search and rescue or search and recovery operations. where there is no exposure to chemical or biological warfare or terrorism agents and where exposure to flame and heat is unlikely or nonexistent that are certified as compliant with NFPA 1951, Standard on Protective Ensemble for USAR Operations, and, 4) protective clothing from blood and body fluid pathogens for persons providing treatment to victims after decontamination that"are certified as compliant with NFPA 1999, Standard Protective Clothing for Emergency Medical Operations. For more detailed guidance, please refer to the Inter Agency Board for Equipment Standardization and Interoperability 2000 Annual Report. 2. Explosive Device Mitigation and Remediation - a e pronidi gtfor the mitigation and remediation of explosive devices in • Bomb Search Protective Ensemble for Chemical /Biological Response • Chemical /Biological Undergarment for Bomb Search Protective Ensemble • Cooling Garments to manage heat stress • Ballistic Threat Body Armor (not for riot suppression) • Ballistic Threat Helmet (not for riot suppression) suppression) • Blast and Ballistic Threat Eye P�ae P otect on (not for (lot suppression) • Blast and Overpressure Thr � • Eire Resistant Gloves • Dearmer /Disrupter • Real Time X -Ray Unit -Portable X -Ray Unit • WMD Compatible Total Containment Vessel (TCV) - WMD Upgrades for Existing TCV • Robot Robot Upgrades • Fiber Optic Ki# (inspection or viewing) • Tents, standard or air inflatable for chem/bio protection 3. WMD Technical Rescue Equipment - Equipment providing a technical search and rescue capability for a WMD environment: • Listening devices • Search cameras ( including thermal imaging) • Breaking devices (including spreaders, saws and hammers) • Lifting devices (including air bag systems and hydraulic rams and jacks) 4. Interoperable communications Equipment Equipment and systems providing connectivity and electrical interoperability between local and interagency organizations to coordinate WMD response operations: • Land Mobile, Two -Way in -Suit Communications (secure, hands -free, fully duplex, optional). • Personnel Alert Safety System (PASS) - (location and physiological monitoring systems optional) • Personnel Accountability Systems • individual /portable radios, software radios, portable repeaters, radio interconnect systems, satellite phones, batteries, chargers and battery conditioning systems • Computer systems designated for use in an integrated system to assist with detection and communication efforts (must be linked with integrated software packages designed specifically for chemical and /or biological agent detection and communication purposes) - Portable Meteorological Station (monitors temperature, wind speed, wind direction and barometric pressure at a minimum) • Commercially available crisis management software 5. Detection Equipment - Equipment to sample, detect, identify, quantify, and monitor for chemical, biological, radiological and explosive agents throughout designated areas or at specific points: Chemical • M -8 Detection Paper for chemical agent identification • M -9 Detection Paper (roll) for chemical agent (military grade) detection • M -256 Detection Kit for Chemical Agent (weapons grade -- blister: CX/HD /L; blood: AC /CK; and nerve: GB/VX) detection • M -256 Training Kit • M -18 Series Chemical Agent Detector Kit for surface /vapor chemical agent analysis • Hazard Categorizing (HAZCAT) Kits • Photo - Ionization Detector (PID) • Flame Ionization Detector (FID) • Surface Acoustic Wave Detector • Gas Chromatograph/Mass Spectrometer (GC/MS) Ion Mobility Spectrometry • Stand -Off Chemical Detector - M -272 Chemical Agent Water Test Kit • Colormetric Tube /Chip Kit specific for TICs and WMD applications • Multi -gas Meter with minimum of 02 and LEL • Leak Detectors (soap solution, ammonium hydroxide, etc) • pH Paper /pH Meter • Waste Water Classifier lit • Oxidizing Paper Radiological • Radiation detection equipment (electronic or other technology that detects alpha, beta, gamma, and high intensity gamma) • Personal Dosimeter • Scintillation Fluid (radiological) pre - packaged Biological • Point Detection Systems /Kits (Immunoassay or other technology) 6. Decontamination Equipment - Equipment and material used to clean, remediate, remove or mitigate chemical and biological contamination: Chemical • Decontamination system for individual and mass application with environmental controls, water heating system, showers, lighting, and transportation (trailer) • Decon Litters /roller systems- Extraction Litters, rollable • Runoff Containment Bladder(s); decontamination shower waste collection with intrinsically -safe evacuation pumps • Spill Containment Devices • Overpak Drums • Non - transparent Cadaver Bags (CDC standard) Biological • HEPA (High Efficiency Particulate Air) Vacuum for dry decontamination 7. Physical Security Enhancement Equipment - Equipment to enhance the physical security of critical infrastructure. Surveillance, Warning, Accesslintrusion Control Ground • Motion Detector Systems: Acoustic; Infrared; Seismic; Magnetometers • Barriers: Fences; Jersey Walls • Impact Resistant Doors and Gates • Portal Systems • Alarm Systems • Video Assessment/Cameras: Standard, Low Light, IR, Automated Detection • Personnel Identification: Visual; Electronic; Acoustic; Laser; Scanners; Cyphers /Codes • X -Ray Units • Magnetometers • Vehicle Identification: Visual; Electronic; Acoustic; Laser; Radar Waterfront • Radar Systems • Video Assessment System/Cameras: Standard, Low Light, IR, Automated . Detection • Diver /Swimmer Detection Systems; Sonar • Impact Resistant Doors and Gates • Portal Systems • Hull Scanning Equipment • Plus all those for Ground Sensors — AgentlExplosives Detection • Chemical: Active /Passive; Mobile/Fixed; Handheld • Biological: Active /Passive; Mobile/Fixed; Handheld • Radiological • Nuclear • Ground/Wall Penetrating Radar Inspection /Detection Systems- Vehicle & Cargo Inspection System — Gamma - ray • Mobile Search & Inspection System — X -ray • Non - Invasive Radiological /Chem/Bio /Explosives System — Pulsed Neutron Activation Explosion Protection • Blast/Shock/Impact Resistant Systems • Protective Clothing • Column and Surface Wraps; Breakage /Shatter Resistant Glass; Window Wraps • Robotic Disarm/Disable Systems 8. General Support Equipment - Equipment intended to support WMD incident response: • Equipment trailer 9. Medical Supplies and Pharmaceuticals - Medical supplies and pharmaceuticals required for response to a WMD incident. Grantees are. responsible for replenishing items after shelf -life expiration date(s). Medical Supplies • Automatic Biphasic External Defibrillators • Equipment and supplies for establishing and maintaining a patient airway at the advanced life support level (to include OP and NG airways; ET tubes, styletes, blades, and handles; portable suction devices and catheters; and stethoscopes for monitoring breath sounds) • IV Administration Sets (Macro and Micro) • IV Catheters (14, 16, 18, 20, and 22 gauge) • IV Catheters (Butterfly 22, 24 and 26 gauge) • Manual Biphasic Defibrillators • Eye Lense for Lavage or Continuous Medication • Nasogastric Tubes • Oxygen administration equipment and supplies (including bag valve masks; rebreather and non - rebreather masks, and nasal cannulas; oxygen cylinders, regulators, tubing, and manifold. distribution systems; and pulse oximetry) • Portable Ventilators • Syringes (3cc and 10cc) • 26 ga '/" needles (for syringes) • 21 ga. 1 % " needles (for syringes) The equipment needs by jurisdiction are included in column 2 on the table below. The proposed allocation is in column 3. PROPOSED FY 2002 DOJ EQUIPMENT GRANT ALLOCATIONS Jurisdiction Equipment Recommended Totals Allocation AJO FIRE $ 56,557 $ 20,000 AVRA VALLEY FIRE 23,872 20,000 CORONA DE TUCSON FIRE 26,000 20,000 DREXEL HEIGHTS FIRE 2,641,530 45,000 ELEPHANT HEAD FIRE 22,502 201000 FLOWING WELLS IRRIGATION DISTRICT 185,500 20,000 GOLDER RANCH FIRE 369,215 45,000 GREEN VALLEY FIRE 303,780 45,000 MARANA 42,125 42,125 MT LEMMON FIRE 159,200 20,000 NORTHWEST FIRE 436,000 45,000 ORO VALLEY 57,700 45,000 PASCUA YAQUI 2,587,950 20,000 PICTURE ROCKS FIRE 695,462 20,000 PIMA COUNTY 1,756,955 302,489 RINCON VALLEY FIRE 230,200 20,000 RURAL METRO FIRE 279,083 45,000 SAHUARITA 390,065 20,000 SOUTH TUCSON 165,500 45,000 THREE POINTS 79,970 20,000 TOHONO O'ODHAM 289,060 45,000 TUCSON 2,408,583 600,000 TUCCSON AIRPORT 74,968 20,000 WHY FIRE 32,515 20,000 TOTAL $13,314,2 92 $ 1,564,614 Equipment Allocation.doc Exhibit B 2002 AGREEMENT GRANT # 2002 -TE -CX -0142 GRANT PERIOD 08/01/02 TO 07/31/04 FOR THE PROVISION OF U.S. DEPARTMENT OF JUSTICE 2002 STATE DOMESTIC PREPAREDNESS PROGRAM GRANT FUNDS TO ARIZONA POLITICAL SUBDIVISIONS AND INDIAN NATIONS /TRIBES This agreement, between State of Arizona, Division of Emergency Management (ADEM) and Pima County (the Sub - grantee) shall be effective on the date signed by both parties. It shall apply to funds provided by or through the State to the Sub - grantee, pursuant to the United States Department of Justice ( USDOJ), fiscal year 2002 State Domestic Preparedness Equipment Program, Public Law 106 -113 and 106 -553. A. The Sub - grantee certifies that: 1. The undersigned individual has legal authority to apply for funds on behalf of the Sub - grantee. 2. Federal funds under this award will be used to supplement but not supplant state or local funds. 3. The Sub - grantee shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving USDOJ funds. 4. The Sub - grantee shall use USDOJ funds solely for the purchases in accordance with the USDOJ authorized equipment purchase list for which these funds are provided and as approved by ADEM. Authorized equipment purchases categories are: Personal Protective Equipment (PPE) Explosive Device Mitigation & Remediation Equipment WMD Technical Rescue Equipment Interoperable Communication Equipment Detection Equipment Decontamination Equipment Physical Security Enhancement Equipment General Support Equipment Medical Supplies & Limited Types of Pharmaceuticals 5. The Sub - grantee shall establish and maintain a proper accounting system to record expenditures of grant funds in accordance with generally accepted accounting standards or as directed by ADEM. 6. The Sub - grantee shall return to the State, within two months of such request by ADEM, any partial reimbursement not supported by audit or other State review of documentation maintained by the Sub - grantee. 1 Exhibit C 7. The Sub- grantee shall comply with all applicable provisions of State law and regulation in regard to procurement of goods and services. 8. The Sub - grantee shall comply with provisions of the Hatch Act limiting the political activities of public employees. 9. The Sub - grantee shall not enter in to any contract with any party that is debarred or suspended from participating in State programs. 10. In accordance with the provisions of Section 319 of Public Law 101 -121, and implementing regulations at 44 CRF Part 19, the State is responsible for obtaining from the State agencies and sub - grantees, contractors and subcontractors under this contract the requisite "Certification Regarding Lobbying" and "New Restriction on Lobbying" (44 C.F.R. Part 18) for each grant. The Sub - grantee is responsible for filing these certification and disclosure forms with the State. 11. In accordance with the Drug Free Workplace Act of 1988 and implementing regulations, the Sub - grantee will provide the State a "Certification Regarding Drug -Free Workplace Requirements ". 12. The Catalog Number of Federal Domestic Assistance (CFDA) for this grant is 16.007. B. The Sub - grantee agrees to: 1. Comply with applicable state and federal program laws, Executive Orders, regulations, OMB Circulars, and the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. Comply with the organizational audit requirements OMB Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19 (w .gov/FinGuide.) 3. Complete all activities related to funds within the time period prescribed in USDOJ regulations and on the obligating documents. Written request for an extension will include information and documentation to support the amendment and a schedule for completion. C. Payment. Pima County allocation amount of $1,564,614.35 In Accordance with Code of Federal Regulations, Title 28, Volume 1, Section 66.21: 1. Reimbursement - Reimbursement shall be the preferred method and Sub- Grantee will submit copies of paid purchase orders to ADEM. D. Interest Earned Sub - grantees shall minimize the time elapsing between the transfer and disbursement of funds. 2 Exhibit C I. In accordance with Sections 102, 103 and 104 of the Indian Self Determination Act (Pub. L. 93 -638; USC §450(J), tribal organizations SHALL NOT be held accountable for interest earned pending their disbursement by such organizations. 2. All units of government shall account for interest earned on Federal funds. Units of government may keep interest earned on Federal grant funds up to $100 PER FISCAL YEAR. This maximum limit is not per award, it is inclusive of all interest earned as a result of all Federal grant program funds received per year. Interest earned in excess of $100 must be remitted to the United States Department of Health and Human Services, Division of Payment Management Services, P.O. Box 6021, Rockville, MD 20852. E. Non - Availability of Funds Every payment obligation of the State is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the Arizona Division of Emergency Management 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 Arizona Division of Emergency Management shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. F. Audit of Records The Sub - grantee shall retain all data, books and other records ( "records ") relating to this Agreement for a period of three years after completion of the Agreement. All records shall be subject to inspection and audit by the Arizona Division of Emergency Management at reasonable times. Upon request, the Sub - grantee shall produce the original of any or all such records. G. Cancellation for Conflict of Interest Pursuant to A.R.S. § 38 -511, the state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. A cancellation made pursuant to this provision shall be effective when the Sub - grantee receives written notice of the cancellation unless the notice specifies a later time. 3 Exhibit C H. Civil Rights 1. All recipients of federal grant funds are required to comply with nondiscrimination requirements contained in various federal laws. All Sub - grantees should consult the assurances to review the applicable legal and administrative requirements of the statute that governs OJP- funded programs or activities. Section 809 (c)(1), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 3789(d) of the Act provides that "no person in any state shall on the grounds of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or denied employment in connection with any programs or activity" in which federal law enforcement assistance is provided under this chapter. Recipients of assistance under the OJP Office for State and Local Domestic Preparedness support are subject to the provisions of Section 809 of the Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; and the U.S. Department of Justice Non - Discrimination Regulations, 28 CFR part 42, subparts C, D, E, and G. 2. If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability, or age against a recipient of funds after a due process hearing, the recipient must agree to forward a copy of the finding to the Office of Civil Rights. If the Sub - grantee is applying for a grant of $500,000 or more, U.S. Department of Justice regulations (28 CFR 42.301) require an Equal Employment Opportunity Plan. The plan should be included with the application submission if it is not already on file. 3. In accordance with Assurance No. 15, each Sub - grantee that receives $500,000 or more (or $1,000,000 in an 18 -month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP) within 60 days of this award to OCR at U. S. Department of Justice, Office of Civil Rights, 810 Seventh Street, N.W., Room 8136, Washington, D.C. 20531. 4. Alternatively, the Sub - grantee may choose to complete an ESOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy —to- follow ESOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The Seven -Step Guide to the Design and Development of an EEOP will assist you in completing this requirement. The Seven -Step Guide and EEOP Short Form may be downloaded from OCR's home page on the Internet ( http: / /www.ojp.USDOJ.gov /ocE� 5. If an agency has under 50 employees, regardless of amount of award, no EEOP is required; however, Sub - grantee must return applicable portion of Certification Form to OCR within 60 days of award. This Certification Form may also be downloaded from OCR's home page on the Internet. Pursuant to 4 Exhibit C the special condition regarding EEOPs governing this award, recipient . acknowledges that failure to submit an acceptable EEOP is a violation of its certified assurances and may result in suspension of draw down of funds until EEOP has been approved by the office for civil rights. Additional Instructions For Sub - grantees Receiving $25,000 Or More, But Under $500,000. Pursuant to Department of Justice regulations, each sub -grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the sub -grantee is awarded $ 1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the Certification Form and return it to OCR within 60 days of award. Additional Instructions For Sub - Grantees Receiving Under $25,000: A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No certification is required. Instructions for All Sub - grantees. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of OJP funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964,42 USC Section 2000e. Additional information and technical assistance on the civil rights obligations of grantees and sub - grantees can be found at: http: / /www.oip.usdoi.aov /ocr / . I. Arbitration The parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. § 12 -1518 except as may be. required by other applicable statutes. • 5 Exhibit C s TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: May 6, 2003 AGENDA TTEM: IX. A. 5 TO: Mayor and Council FROM: Michael A. Reuwsaat, Assistant Town Manager SUBJECT: Resolution No. 2003 -44 Request for approval of a Purchase and Sale Agreement between the Town of Marana and Northwest Fire/Rescue District for the acquisition by the fire district for two acres of land adjacent to the Marana Operations Center. DISCUSSION: Immediately adjacent to, and north of, the Marana Operations Center Fleet Maintenance property lies a parcel of land containing 87,120 square feet which the Northwest Fire/Rescue District desires to purchase from the Town. This property is not necessary to the Town the for future expansion of the Marana Operations Center at 5100 W. Ina Road: The Northwest Fire/Rescue District desires to purchase this property from the Town under the terms and c onditions s et f orth i n the attached Purchase and Sale Agreement, for the sum of $212,400. . RECOMMENDATION: Staff recommends Council approval of the Purchase and Sale Agreement for the 87,120 square feet of property between the Town of Marana and the Northwest Fire/Rescue District in the amount of $212,400. SUGGESTED MOTION: I move to approve Resolution No. 2003 -44. i PW /JRD/DMH/12/14 /99 t 1 MARANA RESOLUTION NO. 2003-44 A RESOLUTION TO THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE APPROVAL OF A PURCHASE AND SALE AGREEMENT BETWEEN THE TOWN OF MARANA AND NORTHWEST FIRE/RESCUE DISTRICT ( "NWFD ") FOR THE ACQUISITION OF 87,120 SQUARE FEET OF LAND ADJACENT TO THE MARANA OPERATIONS CENTER. WHEREAS, NWFD desires to purchase 87,120 square feet of land from the Town of Marana north of and immediately adjacent to the Marana Operations Center and more particularly described in the agreement and the legal description attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the Town of Marana and NWFD have agreed to the conditions set forth in the agreement attached as Exhibit "A" wherein the NWFD will pay the Town the sum of Two hundred twelve thousand four hundred dollars ($212,400) for said land; and • WHEREAS, it is in the best interest of the Town to approve the purchase and sale of the 87,120 square feet of land to NWFD. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town approve the Purchase and Sale Agreement between the Town of Marana and Northwest Fire/Rescue District for 87,120 square feet of land pursuant to Exhibit "A" attached hereto. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2003. Mayor Bobby Sutton, Jr. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson Town Clerk Daniel J. Hochuh As Town Attorney and not personally PURCHASE AND SALE AGREEMENT • This Purchase and Sale Agreement ( "Agreement ") is made by and between TOWN OF MARANA, a municipal corporation of the State of Arizona, or its assignee ( "Seller ") and Northwest Fire District, ( "Purchaser"), as of the date executed by Seller which is set forth beside Seller's signature ( "Execution Date "). Seller and Purchaser ( "Parties ") agree as follows: 1. Sale and Purchase Seller will sell and convey to Purchaser, and Purchaser will purchase and acquire from Seller according to the covenants, terms and conditions set forth in this Agreement, the real Property ( "Property ") as described on Exhibit "A" attached hereto and commonly referred to as the Fleet Maintenance Property subject to minor adjustment in accordance with Paragraph 12(b) below. The Property is being severed from a larger parcel of real property which is being retained by Seller (the "Retained Property ") and any rights to vehicle access or utility access that the Property enjoyed while it was combined with the Retained Property shall not be conveyed with the Property. Vehicular and utility access to the Property shall be via Starcommerce Way located at the east boundary of the Property. 2. Opening of Escrow Escrow will be considered open when a fully executed copy of this Agreement is delivered to and received by Pam Tighe at Lawyer's Title Of Arizona, One South Church Ave., Tucson, Arizona, 85701, (520) 740 -0424 ( "Escrow Agent "). 3. Purchase Price The Purchase Price ( "Purchase Price ") of the Property will be Two Hundred Twelve Thousand Four Hundred and No /100 Dollars ($212,400.00) which shall • be paid by Purchaser to Seller at Close of Escrow (as hereinafter defined). 4. Escrow Seller and Purchaser shall each pay half of the Escrow Agent's fees and documentary fees. All other closing costs will be allocated between Seller and Purchaser in the manner customary in Tucson, Arizona. Purchaser will receive possession of the Property at Close of Escrow. Seller and Buyer are government entities so the parties do not anticipate any obligation for payment of taxes, assessment or other similar charges against the Property. However, if there are any fees of any kind relating to the Property, they will be prorated as of the last day immediately preceding the Close of Escrow. This Agreement, and the exhibits attached to it, shall constitute escrow instructions to Escrow Agent in connection with this transaction. Should the Escrow Agent require, in addition to this Agreement, the execution of its standard form printed Escrow Instructions, the Escrow Agent shall prepare the Escrow Instructions in accordance with the directions contained this Agreement and in a form mutually acceptable to the Parties, which the Parties shall execute. The Escrow Instructions shall no supersede, modify or amend any terms of this Agreement, and in the event of any conflict of ambiguity between any of the terms of this Agreement and those of the escrow Instructions, this Agreement shall govern and control. 5. Purchaser's Inspection a. Purchaser shall conduct an independent investigation, inspection and analysis of the Property and its investment characteristics ( "Inspection ") within sixty (60) days after the Execution Date ( "Inspection Period "). • b. Within five (5) days after the Execution Date, Seller shall provide Purchaser with all information Seller obtained when it purchased the Property and any other information Seller has related to its use and ownership of the Property (the "Property Information "). Additionally, Seller shall cause a Preliminary Title Report on the Property showing all title matters and exceptions to be delivered to Purchaser. Purchaser understands and acknowledges that Seller is providing such information to Purchaser as an accommodation and, except as specifically set forth in this Agreement, Seller is not in any way representing or warranting the accuracy, sufficiency or completeness of any documentation or information provided Purchaser. Seller recommends to Purchaser that Purchaser conduct its own examination, inspection, and investigation of the Property, including the subsurface thereof and all soil, environmental, engineering and other conditions and requirements of the Property. C. If, at any time during the Inspection Period, Purchaser is not satisfied with the results of its Inspection, in Purchaser's sole and exclusive discretion, Purchaser may cancel and terminate this Agreement by providing written notice of cancellation and termination to Escrow Agent and Seller prior to the expiration of the Inspection Period. d. If Purchaser does not deliver a written notice of disapproval of Purchaser's inspection to Escrow Agent and /or Seller prior to the expiration of the Inspection Period, Purchaser shall be deemed to have approved the condition and title status of the Property and waives any and all other conditions precedent to Purchaser's obligation to close the transaction contemplated by this Agreement, except the condition of Seller's default. e. From time to time prior to Close of Escrow, Purchaser, its representatives and agents, may enter upon the Property to conduct various tests and studies related to its Inspection of the Property. After any such test or study, Purchaser shall restore the Property to its previous condition. Purchaser agrees to indemnify and hold Seller harmless from any injury or liability to persons or property arising out of Purchaser's exercise of the rights granted in this Section 5.e. 6. CI- osing The date of closing of the sale and purchase of the Property pursuant to this Agreement ( "Close of Escrow" or "Closing ") shall be no later than June 30, 2003 with funding to Seller on or after July 1, 2003. Seller and Purchaser shall execute, acknowledge, and deposit with the Escrow Agent all documents and all funds required from them to effectuate closing of the sale and purchase of the Property. Seller shall convey title to the Property to Purchaser by a Special Warranty Deed subject only to the permitted exceptions and title matters set forth in the Preliminary Title Report. Upon closing, Seller shall pay for and provide to Purchaser a Policy of Title Insurance in the standard form in the amount of the Purchase Price and subject to only the approved title exceptions. Purchaser may obtain an extended coverage ALTA title insurance policy by paying any additional cost. 7. Seller's Representations Seller makes the following representations and warranties, to the best of its actual knowledge and belief and these representations shall survive closing: a. Seller has received no written notice of any pending or threatened legal action, claims or governmental proceeding in eminent domain, planned public improvements, special assessment, zoning or subdivision changes, or environmental matters which would adversely affect the Property. b. Seller has not entered into any contract or obligation affecting the Property which will be binding upon Purchaser after the Close of Escrow, except for the title matters disclosed to Purchaser and reviewed during Purchaser's Inspection. C. Seller is not a foreign person or entity pursuant to the Foreign Investment In Real Property Act (FIRPA) (Section 1445 of the Internal Revenue Code) and Seller agrees to complete, sign and deliver to Escrow Company a certificate indicating the same. d. Seller has the full right, power and authority to sell and convey the Property to the Purchaser. e. To the best of Seller's actual knowledge, without any independent inquiry, there are no uncured violations of laws, rules, regulations, ordinances, codes or covenants, conditions, restrictions, instructions or agreements applicable to the Property and Seller has not received any notice from any insurance company, governmental agency, or from any other party with respect to any such violations. f. Seller shall maintain and repair the Property so that, at Close of Escrow or possession whichever is sooner, the Property shall be in substantially the same condition as on the Execution Date. g. No work has been performed or is in progress at the Property and no materials have been furnished to the Property which might give rise to mechanic's, materialman's, or other liens against any part of the Property. h. There are no parties in adverse possession of the Property; there are no parties in possession of the Property except Seller; and no party has been granted any license, lease, or other right relating to the use or possession of the Property. i. There are no attachments, executions, assignments for the benefit of creditors, receiverships, conservatorships, or voluntary or involuntary proceedings in bankruptcy or pursuant to any other laws for relief of debtors contemplated or filed by Seller or pending against Seller which otherwise affect or involve the Property. The parties acknowledge that some transfer may be necessary or reasonably required before Close of Escrow between the Town of Marana and the Town of Marana Municipal Property Corporation, a nonprofit corporation incorporated and existing under the laws of the State of Arizona (the "MPC "). j. There is no default, nor has any event occurred which, with the passage of time or the giving of notice or both, would constitute a default in any contract, mortgage, deed of trust, lease, or other instrument which relates to the property or which affects the Property in any manner whatsoever. k. There are no contracts or other obligations outstanding for the sale, exchange, i leasing or transfer of all or any part of the Property. I. Seller shall not at any time prior to Close of Escrow grant to any person an interest in or lien against the Property. Nothing in this provision ' or in this Agreement shall affect Seller's authority to transfer the Property to or to receive the transfer of the Property from the MPC at any time between the Execution Date and the Close of Escrow, so long as the status of title received by the Purchaser at Close of Escrow meets the requirements of this Agreement. j. Seller has not retained the services of a real estate broker regarding this transaction. 8. Purchaser's Representations Purchaser makes the following representations and warranties, to the best of its knowledge and belief and these representations shall survive closing: a. Purchaser has full power and authority to enter into and perform this Agreement in accordance with its terms. b. Purchaser has not retained the services of a real estate broker regarding this transaction. 9. Remedies for Default a. Purchaser's Remedies If Seller breaches any of the terms or provisions of this Agreement or otherwise defaults under this Agreement, and provided that Purchaser is not in default of its covenants under this Agreement, Purchaser may either: (a) terminate this Agreement by written notice to Seller and Escrow Agent, whereupon (except as otherwise provided herein) neither party shall have any further obligations or liabilities to the other under this Agreement; (b) waive such default and consummate the transaction contemplated hereby in accordance with the terms hereof; or (c) seek recovery of Purchaser's out -of- pocket costs and expenses incurred as a result of Seller's breach; provided, however, that Purchaser hereby expressly waives any right to recover any exemplary, punitive, special, indirect or consequential damages as a result of any default by Seller under this Agreement. Notwithstanding any other terms or conditions of this Agreement, Seller shall not be deemed to be in default under this Agreement unless the breach or default complained of by Purchaser has not been cured within thirty (30) business days after written notice thereof has been given to Seller; however, if such default is capable of being cured but is not reasonably capable of being cured within such thirty (30) business day period, Seller shall not be deemed in default under this Agreement so long as Seller commences the cure within such thirty (30) day period and thereafter diligently pursues such cure to completion within a reasonable period of time. b. Seller's Remedies If Purchaser breaches any of the terms or provisions of this Agreement and the breach is not cured or substantially cured within 30 days written notice of the breach, Seller shall be entitled to either (a) terminate this Agreement by written notice to Buyer and Escrow Agent, whereupon (except as otherwise provided in this Agreement) neither party shall have any further obligations or liabilities to the other under this Agreement or (b) seek recovery of Seller's out -of- pocket costs and expenses incurred as a result of Purchaser's breach; provided, however, that Seller hereby expressly waives any right to recover any exemplary, punitive, special, indirect or consequential damages as a result of any default by Purchaser under this Agreement C. Attorneys' Fees If it becomes necessary for either party to employ legal counsel or to bring an action at law or other proceeding to enforce any of the terms, covenants or conditions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its costs and expenses incurred in such action from the other party, including reasonable attorneys' fees set by the arbitrators (or, in the event of any court proceedings, by the Court, but not by a jury), and if any award or judgment is obtained by the prevailing party, all such costs, expenses and fees shall be included in the award or judgment. If both parties are awarded relief, then the award for attorneys' fees shall be apportioned in the discretion of the arbitrators or the Court. 10. Relationship of Parties Notwithstanding anything in the Agreement to the contrary, this Agreement shall not be construed as making Purchaser or Seller the partner, agent or joint venturer of the other, and the Parties will have no relationship to each other, except as set forth herein as Seller and Purchaser of real property. 11. Notices a. Each and every notice, demand, request, election or other communication (collectively, "Notices ") required or permitted to be given under this Agreement shall be in writing and shall be either personally delivered, mailed with certified or registered postage prepaid, return receipt requested, delivered by a national express courier service, or transmitted by facsimile. All notices will be addressed to Seller or Purchaser, as appropriate, at the following addresses: i. If to Seller: Town of Marana Attn: Town Manager 13251 N. Lon Adams Road Tucson, Arizona 85653 ii. If to Purchaser: Northwest Fire District Attn: Fire Chief 5225 W. Massingale Road Tucson, AZ 85743 iii. Escrow Agent: Pam Tighe Lawyer's Title One South Church Avenue Tucson, AZ 85701 b. The Parties shall be entitled to change their addresses by giving proper notice thereof. If delivered, Notices will be effective upon receipt and, if mailed, Notices will be effective upon earlier of: (i) receipt; or (ii) the second business day after they are first postmarked in the United States. Facsimile notices will be deemed delivered when transmission is acknowledged. 12. As Is Sale a. Except as expressly stated in this Agreement, Seller is not bound by any prior or contemporaneous verbal or written statement of information pertaining to the Property, its zoning, usability, size, conditions or any other matter. Purchaser acknowledges and agrees that Seller has not made, and Seller hereby specifically disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as to, or concerning (i) the nature and condition of the Property, including, without limitation, the water, soil and geology, and the suitability thereof and of the Property for any and all activities and uses which Purchaser may elect to conduct thereon or any improvements thereon or which Purchaser may elect to construct thereon, income to be derived therefrom or expenses to be incurred with respect thereto, or any obligations or any other matter or thing related to or affecting the same, or the manner of construction and condition and state of repair or lack of repair or any improvements located thereon; the existence, nature and extent of any easement, right -of -way, right to possession or use, lien, encumbrance, license, reservation, condition or other matter affecting title to the Property; and (ii) the compliance of the property or its operation with any laws, ordinances, orders, rules or regulations of any governmental or other body. Purchaser acknowledges that having been given the opportunity to inspect the Property, Purchaser is relying solely on his own investigation of the Property and not on any information provided or to be provided by Seller. Purchaser further acknowledges that any information provided with respect to the Property was obtained from a variety of sources and Seller (i) has not made any independent investigation or verification of such information; and (ii) makes no representations or warranties as to the accuracy or completeness of such information. Purchaser agrees to accept the Property and acknowledges that the sale of the Property is made by Seller on an "AS IS, WHERE IS and WITH ALL FAULTS" basis. Purchaser expressly acknowledges, that, in consideration of the agreements of Seller herein, except as otherwise specified herein, SELLER MAKES NO WARRANTY, REPRESENTATION OR COVENANTS OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, TENANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WITH RESPECT TO THE PROPERTY. Purchaser hereby waives, releases and discharges on behalf of itself and its successors and assigns any right, claim or cause of action that it has or may acquire against Seller and Seller's component partners, beneficiaries, and employees arising out of or related to the existence of any hazardous substances, wastes, pollutants, or contaminants in, on or about the Property. The acknowledgments and waivers found in this Paragraph will survive the Closing of this transaction. b. Purchaser and Seller acknowledge that a semi - tractor access gate is currently located along the east boundary of the Property. Seller will at its own cost relocate this semi - tractor access gate further south along Starcommerce Way onto the Retained Property. Purchaser and Seller agree and acknowledge that on or before Close of Escrow the legal description of the Property will be modified so that the access road (consisting of about 2,000 square feet along Starcommerce Way at the southeast corner of the Property) leading to the relocated gate will be retained by Seller as part of the Retained Property and the west boundary of the Property will be moved westward so that the Property being conveyed to Purchaser at Close of Escrow consists of two acres. c. Purchaser represents to Seller that it has done an independent evaluation of the Property and is relying on its own expertise to make its determination concerning the purchase of the Property. d. Seller represents that it has no actual knowledge of any hazardous substances, wastes, pollutants or contaminants in or about the Property. e. Purchaser hereby waives, releases and discharges on behalf of himself and his successors and assigns any right, claim or cause of action that he has or may acquire against Seller and Seller's component partners, beneficiaries, and employees arising out of or related to the existence of any hazardous substances, wastes, pollutants or contaminants in, on or about the Property. f. The acknowledgments and waivers found in this Section shall survive the Closing of this transaction. 13. General Provisions a. If not specified herein or attached hereto as an exhibit, the forms of all documents and instruments required by this Agreement, or reasonably necessary to fully effectuate this Agreement, will be such forms as are customarily used or supplied by the Escrow Agent. b. Time is strictly of the essence of this Agreement and the full and complete performance of each and every provision hereof; provided, however, that if any act required by this Agreement falls due on a date which is a Saturday, Sunday or legal holiday, performance thereof may occur on the next day which is not a Saturday, Sunday, or legal holiday. C. All exhibits referred to in this Agreement are incorporated herein as if fully set forth. d. This Agreement, and all other documents and instruments executed in furtherance or effectuation hereof, will inure to the benefit of, and will be binding upon, Seller and Purchaser and their respective heirs, beneficiaries, personal representatives, successors, and permitted assigns. 14. Offer to Purchase At least three (3) copies of this Agreement were signed by Purchaser on the date set forth beneath Purchaser's signature and constitute Purchaser's offer to enter into and be bound by this Agreement, which offer shall be irrevocable for ten (10) business days after the date signed by Purchaser. If Seller accepts this Agreement by execution hereof prior to that date, this Agreement shall become fully and completely binding upon Seller and Purchaser without any further act by either Party. Otherwise, this Agreement shall become automatically void and of no effect. 15. Article Headings The Article headings of this Agreement are inserted as a matter of convenience and reference only, and in no way define, limit or describe the scope or intent of this Agreement or in any way effect the terms and provisions thereof. 16. Waiver The waiver by any party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, condition or covenant herein contained. Any and all rights, remedies and options given in this Agreement to any party shall be cumulative and in addition to and without waiver of or in derogation of any right or remedy given under any law or hereafter in effect. 17. Supplemental Instruments The Parties hereto agree to execute any and all documents in order to carry out the intent of this Agreement. 18. Governinq Law The laws of the State of Arizona shall govern the validity, performance and enforcement of this Agreement, and the venue for any actions shall be Pima County, Arizona. 19. Partial Invalidity If any term, provision, condition or covenant of this Agreement, or the application thereof to any part of circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such term, provision, condition or covenant to person or circumstances other than those to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 20. Use of Pronouns Wherever from the context it appears appropriate, each term stated in either the singular or the plural shall include the singular and the plural; and, pronouns stated in either the masculine, the feminine or the neuter gender shall included the masculine, feminine and neuter. 21. Entire Agreement This Agreement sets forth entire agreement between Seller and Purchaser pertaining to the subject hereof and supersedes any and all prior negotiations, agreements, understandings, and dealings, whether written or oral. No other promises, representations, warranties, assurances, understandings, or agreements have been made by or to, or have been or will hereafter be relied upon by either Purchaser or Seller or any officer, director, partner, broker, sales person, attorney or other person acting for or on behalf of either Purchaser or Seller. 22. Execution by Counterparts This Agreement may be executed in several counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. In addition, this Agreement may contain more than one counterpart of the signature pages. 23. Arbitration a. If any Dispute cannot be settled between the Parties, the Parties agree to: a) First, engage the services of a mediator and meet with such mediator (without additional counselors or agents) in an attempt to resolve said dispute; and b) Second, in the event mediation fails, the Parties shall agree upon an arbitrator. If the Parties cannot themselves agree upon an arbitrator within ten (10) business days after a written request by either Purchaser or Seller to the other, then Purchaser and Seller shall each choose one arbitrator; these two arbitrators shall then appoint a third arbitrator to hear the dispute. In all instances, arbitrator(s) shall be attorneys with sufficient experience and expertise in real estate law in Pima County, Arizona. A "Dispute" shall include any action, dispute, equity, or otherwise, in any way pertaining to the Agreement to which this Arbitration provisionis attached, or any related agreements, papers, documents, or instruments (the "Agreements "). b. The fees of the arbitrator (including administrative fees, costs and arbitrator compensation) shall initially be paid by and shared equally (%2 and ' / 2) between the Parties, but the prevailing Party shall be awarded its share of the arbitrator's fees against the other Party. The arbitrator shall conduct all proceedings according to Arizona's version of the Uniform Arbitration Act (the "Act ") and the Commercial Arbitration Rules of American Arbitration Association ( "AAA "), to the extent such rules are not inconsistent with the Act or the provisions of this Addendum. The Uniform Rules of Procedure for Arbitration shall not apply. Moreover, the Arbitrator(s) may alter the proceedings to conform with generally accepted arbitration practice in Pima County, Arizona. C. Discovery may be conducted upon mutual consent, or after motion to and by order of the arbitrator. At a minimum, each Party shall prepare disclosure statements, setting forth the legal theories and factual bases for each claim or defense, listing all intended witnesses and exhibits, and providing a computation and the measure of damage alleged by the disclosing Party. Each disclosure statement shall be made in writing under oath, signed by the Party making the disclosure and delivered to the other Party. All disclosure statements shall be exchanged and all discoveries completed at least fifteen (15) days prior to the arbitration hearing. Before any arbitration takes place, the Parties agree that upon the request of either Party, they will have the arbitrator conduct a °preliminary" hearing (i.e., a separate proceeding prior to the actual arbitration), at which evidence and testimony may be presented and legal briefs may be submitted, including briefs setting forth the applicable statutory or common law methods of measuring damages pertaining to the Dispute. The arbitrator may grant summary judgment if he or she determines no issue of fact exists as to a claim. d. To the extent not decided by summary judgment, the Dispute shall be heard within sixty (60) days after the arbitrator has been selected. The arbitrator shall render his or her decision in writing specifying the factual and legal basis for the decision within thirty (30) days after the conclusion of the arbitration hearing. Upon stipulation of the Parties, or upon a showing of good cause by either Party, the arbitrator may lengthen or shorten the time periods set forth herein for completing discovery, conducting the hearing or for rendering a decision. The arbitrator shall resolve all Disputes in accordance with the applicable substantive law and shall award attorneys' fees and costs (including arbitration fees) to the prevailing Party. All statutes of limitation applicable to any Dispute shall apply to any proceeding in accordance with this Arbitration provision. Except as provided below, the decision of the arbitrator shall be final and binding upon the Parties. Judgment to enforce the arbitrator's decision, whether for legal or equitable relief, may be entered in the Superior Court of Pima County, Arizona, and the Parties hereto expressly and irrevocably consent to the jurisdiction of such Court for such purpose. e. The decision of the arbitrator shall be final, binding, conclusive and non- appealable except in the following instance: if the arbitrator fails or is alleged to have failed to properly apply the applicable law to the facts of the Dispute, a Party may appeal the legal (but not the factual) aspects of the decision to a three (3) member panel of arbitrators appointed by the AAA. The appealing Party shall pay all fees and costs of the AAA and such panel. If the appealing Party does not prevail, it will pay the other Parry's attorneys' fees and costs incurred in responding to the appeal. No provision of, nor the exercise of any rights under, this Arbitration Addendum shall limit the right of any Party to exercise its legal self -help remedies or obtain provisional or ancillary remedies such as injunctive relief or the appointment of a receiver from a court having jurisdiction. Such rights can be exercised at any time except to the extent such action is contrary to a final award or decision in any arbitration proceeding. f. This Arbitration provision shall survive any termination, amendment, or expiration of the Agreements. g. BY SIGNING BELOW, PURCHASER AND SELLER ACKNOWLEDGE THAT THE PARTIES ARE GIVING UP THEIR RIGHT TO A JURY TRIAL IN FAVOR OF ARBITRATION. 24. Right of First Refusal If at any time Purchaser offers to sell or is disposed to accept a third parry's offer to purchase the Property, or any portion of it, Seller shall be given a reasonable opportunity to purchase the Property for (at Seller's option) either (1) the terms of Purchaser's offer to sell or (2) the terms of the third party's offer to purchase. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: SELLER: PURCHASER: Town of Marana, an Arizona municipal Northwest Fire District corporation By: By: I Chairman Its: Its: Date: Date: April 22, 2003 EXHIBIT "A" Legal Description of Property LEGAL DESCRIPTION PARCEL A That certain portion of the Southwest quarter Section 36, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona; more particularly described as follows: Commencing at the southeast corner of the southwest quarter of said Section 36, Thence N 88 °24'07" W, along the south line of said southwest quarter, a distance of 314.83 feet, Thence N 01 °10'09" E, parallel with and 22.50 feet west of the centerline of Starcommerce Way as shown in Book 51 of Maps and Plats, at Page 85 thereof, a distance of 1092.14 feet to the POINT OF BEGINNING, Thence N 88 0 29'52" W, along a line parallel with the south line of Block 7, as shown in said Book 51 at Page 85, a distance of 350.00 feet, Thence N 0I' l0'09" E, a distance of 227.96 feet to the south line of said Block 7, Thence S 88 °29'52" E, along said south line, a distance of 462.90 feet to the northwesterly line of the 50 foot strip recorded in Docket 3592 at Page 238 thereof, Thence S 49'15'14" W, along said line, a distance of 34.65 feet to a point of curvature of a tangent curve concave to the southeast, having a radius of.277.50 feet and a central angle of 34 °56'00" Thence southwesterly along said to the left, an arc distance of 169.19 feet, Thence S 49° 15'14" W, a distance of 3.06 feet, Thence S 01'10'09" W, a distance of 58.76 feet to the POINT OF BEGINNING. Said Parcel A contains 87,120 square feet. LAND SU9 P t�FICA 33308 Q o� t GEOFFREY K. o BROAHALL 6 wr 2•i m Ott -tv 'o,A3M 310'0 d Co N La W t 4 NZ: rx I N Ln W 1I 0 l i a ,Q.- I 1 lfl L �1 W NI I 1 1 a of 131N W £ 1 1 ICI_ EE�W E ° s 1 � s lit cn 1 I �i lit O F avow vr�i 7M 7:nH. - C)KITN71 tWA-IW F.A7TA7GG17C J F :GT PPM7 iP'T IPM EXHIBIT "B" • Left Intentionally Blank. • TOWN COUNCIL TOWN • MEETING OF INFORMATION MARANA DATE: May 6, 2003 AGENDA ITEM: IX. A. 6 TO: Mayor and Council FROM: Ron Smith, Parks & Recreation Director SUBJECT: Resolution No. 2003 -48 Dedication of Little League ball field at Ora Mae Harn District Park DISCUSSION: At the April 1, 2003 Council Meeting, Juell Smith, on behalf of several Marana citizens, requested Council's consideration of dedicating a ball field at the Ora Mae Ham District Park in memory of Alan Ourada. Mr. Ourada was a long -time Little League Coach who died in an automobile accident earlier in the year. RECOMMENDATION: Staff recommends that at the official 2003 Little League closing ceremonies, Council dedicate one of the ball fields in Mr. Ourada's honor, and that Ms. Smith be notified of the dedication ceremony. SUGGESTED MOTION: I move to approve Resolution No. 2003 -48. i Pw /JRD /DM14/12/14/99 • MARANA RESOLUTION NO. 2003-48 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, DEDICATING A BALL FIELD AT THE ORA MAE HARN DISTRICT PARK. WHEREAS, the Town of Marana approved and adopted the Parks System Master Plan Element of the Town of Marana General Plan on July 5, 2000 (Resolution 2000 -66) within the Town's General Plan boundary; and WHEREAS, Alan Ourada was a long -time Little League coach in Marana who died in an automobile accident early in 2003; and WHEREAS, the Marana Town Council desires to dedicate one ball field at the Ora Mae Ham District Park during closing ceremonies for the official 2003 Little League season to Mr. Ourada. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that one ball park at the Ora Mae Ham District Park be dedicated to the memory of Alan Ourada during closing ceremonies for the official 2003 Little League season. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6 th day of May, 2003. ATTEST: Mayor BOBBY SUTTON JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, As Town Attorney and not personally Marana Resolution No. 2003 -XX • TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: May 6, 2 003 AGENDA ITEM: IX. A. 7 TO: Mayor and Council FROM: Andy Laurenzi, Environmental Director SUBJECT: Resolution No. 2003 -47 Designating the Tortolita Preserve as a Town Park DISCUSSION: The Habitat Preservation Agreement executed among the Town, Cottonwood Properties and US Fish & Wildlife Service concerning management of the Tortolita Preserve requires that we enforce certain restrictions concerning use of the Preserve. Police officers are now detailed to the area on a regular basis to enforce these restrictions. A review of the current Town Code indicates that certain restrictions requires that the Preserve be formally designated a Town Park so those elements of the Town Code related to Parks will be applicable within the Preserve. This will put the Town in an improved legal position with respect to enforcement of Perserve use restrictions. Police officers have been patrolling the area for three months educating users to these restrictions. Given the length of time since their patrol activities began they request that this code change be effective immediately so that they are in a position to cite repeat offenders. RECOMMENDATION: Staff recommends that Council adopt the attached resolution designating the Tortolita Preserve a Town Park and enact under the emergency clause. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -47. ADMIN/AI/6:49 PM/04/30/03 MARANA RESOLUTION NO. 2003-47 A RESOLUTION OF THE TOWN OF MARANA, ARIZONA, DESIGNATING THE TORTOLITA PRESERVE AS A TOWN PARK, AND DECLARING AN EMERGENCY. WHEREAS, the Tortolita Preserve has been established as an area within the Town of Marana for the purpose of preserving unspoiled natural areas within the Town; and WHEREAS, Chapter 13 (Parks & Recreation) of the Town Code provides protection to the Town's parks, including restrictions on the use of vehicles and prohibitions on defacing park property; and WHEREAS, the Mayor and Council of the Town of Marana, Arizona, have determined that applying the protections of Chapter 13 of the Town Code to the Tortolita Preserve will increase the recreational and conservational value of the Preserve; and WHEREAS, A.R.S. § 11 -932 authorizes the Town to dedicate property held by it for use as a public park; and WHEREAS, the Mayor and Council have determined that declaring the Tortolita Preserve as a Town park is in the best interests of the Town and its residents; and WHEREAS, the Mayor and Council have determined that, due to the irreparable damage that will occur to the Tortolita Preserve before this Resolution becomes effective, an emergency exists requiring its immediate effectiveness. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the area known as the Tortolita Preserve is hereby designated as an official Town park. BE IT FURTHER RESOLVED that, an emergency having been found to exist, this Resolution shall become effective immediately upon its adoption. Marana, Arizona Resolution No. 2003 -47 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Marana, Arizona Resolution No. 2003 -47 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: May 6, 2003 AGENDA ITEM: IX. A. 8 TO: Mayor and Council FROM: Ron Smith, Parks & Recreation Director SUBJECT: Discussion/Direction: Request to apply to the State Land Department for a Right -of -Way application u nder A .R.S. S ection 37461 to purchase a right -of -way for the purpose of establishing in perpetuity a 15 -foot wide corridor for a non - motorized public trail system over and across the lands annexed into the town boundaries known as the Tortolita Preserve. DISCUSSION: Staff believes that it is in the best interests of the Town and its citizens to apply to purchase a right -of -way from the State Land Department to establish a 15 -foot wide corridor for a non- motorized public trail system through the Tortolita Preserve. Lands affected by, this trail system are located in Township 11 S, Range 12E, Sections 10, 11, 12,13, 14 and 15. If the application for a right -of -way is successful, staff will come back to Council with a resolution for approval which will include the specifics of the purchase of the right -of -way. A copy of the proposed application is attached hereto. RECOMMENDATION: Information only. SUGGESTED MOTION: None required. ADMIN /RS/JCE/04/30/2003/6:43 PM RETURN TO: DEPARTMENTAL USE ONLY ROLODEX # ARIZONA STATE LAND DEPARTMENT ACCOUNTING T & C RECOMMENDATION/INITIAL DATE PUBLIC COUNTER 1616 WEST ADAMS PHOENIX, ARIZONA 85007 Exam Approve Filing Fee: $100.00 Exam # Deny SUBMIT FILING FEE: *100.00 Int Title: Reject *Filing fees are non - refundable N(34) R(35) A(23) App Entry: Withdraw APPLICATION FOR RIGHT -OF -WAY Type or print in ink. APPLICATION NO. Complete ALL questions, SIGN application and ATTACH $100 filing fee. 1. A"PLICANT: 2. TYPE OF APPLICATION: Town of Marana XX NEW Name(s) C/0 Mr. Michael Reuwsaat RENEWAL Assistant Town Manager AMEND Mailing Address 13251 1v. Lon Adams Road Reason for amendment: Marana Arizona 85653 -x 723 City State zip 5 20-682-33 24 W a ct Person Phone No. 3. REQUEST FOR RIGHT -OF -WAY: Applicant hereby makes Right -of -Way application under A.R.S. §37 -461, for the purpose of Pgtablishing a 15 foot wide corridor for non- motorized public trail system over and across the lands hereinafter described for a term of in accordance with the laws of the State of Arizona and the rules of the State Land Department. 4. LEGAL DESCRIPTION: SLD USE ONLY TWN. RNG. SEC. LEGAL DESCRIPTION ACRES COUNTY CT1' GRT PARCEL 1 1 0 1 11,1 4, 15 14)ner Javai j rg (Eee a.tta L. Lt. I` - ir , a i 1 S 12E 1 2, 1 3, 1 4 Lower Javalina ( see attac 2.99 P ima 11,E 12E 1 Alamo Spring (see attach) p ima 11S 12E 10, 11, 12 17ild Mu stang (see attach) 3.73 p ima 1iS 12E 12 Alamo Springy Loop (see att 1. 1 P -i ma 0 , 1 S 12E 2_,_L0,1 Corhi srr; n� (,oA - Pima attach) 6.26 a 12E 12,13,14 Wild Burro (see attach) 3.80 pima 6111 -03/92 (Rev. 01/2002) RW 1 5. AURIED RIGHT -OF -WAY: Not, ADDlicable a. How deep will the line be buried? What is the diameter of the line? b. What materials will be used in the Iine? (PVC, metals, fiber optictconduit, etc.) c. Will the line be adjacent to an existing road right -of -way? Yes No d. Will the line be within an existing road right -of -way? Yes No e. Will the line cross drainage way(s)? 'Yes No f. Will the line require above ground appurtenances? Yes No If yes, describe the specific appurtenances in detail, including the dimensions(s) and required construction: 6. ABOVE GROUND RIGHT -OF -WAY: IVA Trail Construction only a. Is the line to be installed on the ground.? Yes _ No _ Above the ground? Yes _ No — b. What is the diameter of the line? c. What type of material will be used in the line? (PVC, metal, fiber optictconduit, etc.) d. Does the line require poles? Yes No Towers? Yes No If yes, provide the following information: width height (after installation) wood metal color number of wires or lines to be attached e. Will the line be adjacent to or within an existing road right -of -way? Yes No . If yes, will the surface area to the roadway described for the line, be at grade below grade , or above grade L Will the line cross drainage way(s)? Yes No g. Describe any construction that will be required: 7. ADDITIONAL RIGHT -OF -WAY INFORMATION: a. Is the proposed right -of -way to be used in conjunction with any application for a state lease, permit or sale (commercial, mineral; - etc:)? Yes No XX . If yes, give the application lease type and number: b. Are there any improvements that would be disturbed if this application is approved (water tanks, wells, fences, building, etc.)? Yes XX No . If yes, list and indicate the location of each improvement on the map on page 3 of this application. 6111 -03/92 (Rev. 01/2002) RW 2 c, .If approved, will the construction and the maintenance of the right -of -way interfere with or intrude upon the existing lessee's rights under any existing lease? Yes No r . If yes, describe in detail: d. Is the proposed right -of -way to serve property? Yes No If yes, what is the name of the fee title owner? e. If the right -of -way is a road, is it to provide access to a landlocked parcel? Yes No XX If yes, name the connecting road that is the point of legal access f. Are there any unusual circumstances concerning the right -of -way that the State Land Department should know about? Yes No XX _ . Specify: 8. APPLICANT COMPLETE AND SIGN PAGE 4. T11S R12E T11S R12E Section 10. Section 11. Approximate location Approximate location of new gate within of new gate within existing fence. existing fence. 0 N 6111 -03/92 (Rev. 01/2002) RW 3 CER+;TIFICATION: Pursuant to A.R.S. Title 37 and the Rules of the Arizona State Land Department, A.A.C. Title 12, Chapter 5, you must complete the following information pertinent to you and/or the organization you represent and sign the certification or your application will not be processed. NOTE: Applicant mast complete item #1. 1. Is this application made in the name of: (Applicant must check one) Individual(s) Husband & Wife 0 Corporation Partnership Ltd. Partnership Estate Trust Ltd. Liability Co. T oint Venture XX _ Municipality Political Subdivision Other (specify) 2. INDIVIDUAL(s) OR HUSBAND & WIFE: Complete the following for each applicant: NAME AGE MARITAL STATUS 3. CORPORATION: Complete the following: (A) Do you have authority from the Arizona Corporation Commission to do business in the State of Arizona? Yes_ No (B) Is the corporation presently in good standing with the Arizona Corporation Commission? Yes_ No_ (C) In what state are you incorporated? (D) Is the legal corporate name and Arizona business address the same as stated in this application? Yes_ No_" If no, state the Legal Corporate Name: Address: (Street or Box Number) (City) (State) (Zip) 4. LIMITED LIABILITY COMPANY: Complete the following: (A) If an out -of -state limited liability company: Have you filed for a Certificate of Registration with the Arizona Corporation Commission? Yes No (B) If an Arizona limited liability company: Have you filed Articles of Organization with the Arizona Corporation Commission? Yes No (C) Are you authorized by the Arizona Corporation Commission to transact business in Arizona? Yes No 5. PARTNERSHIP OR JOINT VENTURE: Complete the following for each authorized partner or principal in the partnership or joint venture: NAME BUSINESS ADDRESS AGE MARITAL STATUS 6. LIMITED PARTNERSHIP: Is this Limited Partnership on file with the Arizona Secretary of State? ❑ Yes ❑ No Complete the following for the authorized General Partner(s) only: GENERAL PARTNER(S) NAME BUSINESS ADDRESS 7. ESTATE: Complete the following and attach a conv of the court or estate document(s): Name of the court- appointed administrator or personal representative: List the type and date of issuance of the court or Estate document: (Date issued) (Type of Document) 8. TRUST: (A) Complete the following pursuant to A.R.S. § 33404, for each beneSciary of the Trust: NAME ADDRESS AGE MARITAL STATUS or (B) Identify the Trust document by title, document number, and county where document is recorded: 9. I HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE INFORMATION AND STATEMENTS CONTAINED HEREIN, TOGETHER WITH ALL EXHIBITS AND ATTACHMENTS ARE TRUE, CORRECT AND COMPLETE AND THAT UWE HAVE AUTHORITY TO SIGN THIS DOCUMENT. SIGNATURES) ame of Corporati I Partnership, etc.) Date - Signature of Applicant (Individual) Date d" dTlrt+ � � ,Signature Title '!! 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Ao Zo o < U3 v�.�.. .�. 3 a aF OF 0.F S J 9 }c� O 31 Z � � xl� X I A E �-I Illilll I iIl I Ion t TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: May 6, 2003 AGENDA ITEM: IX. A. 9 TO: Mayor and Council FROM: Michael Reuwsaat, Assistant Town Manager SUBJECT: Resolution No. 2003 -28 Approval of First Amendment to Development Agreement between the Town of Marana and New West Materials for an extension to complete trail improvements adjacent to the Santa Cruz River and the Future Tangerine Road dedication and trail easement. DISCUSSION: Marana Town Council approved the Development Agreement between the Town of Marana and New West Materials October 15, 2002. This agreement provided for among other things trail improvements adjacent to the Santa Cruz River and future Tangerine Road dedication. Staff is requesting an extension to October 15, 2004 of the requirement to complete the Tangerine Road dedication and an extension to October 15, 2005 for the completion of the trail improvements. Staff requests this extension so that New West Materials and the owner of the property can complete the necessary negotiations and acquisition of the Future Tangerine Road dedication and trail easement. As such staff is requesting minor changes to the New West Development Agreement to achieve these two extensions. RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: I move to approve Resolution No. 2003 -28. MARANA RESOLUTION NO. 2003-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND NEW WEST MATERIALS FOR AN EXTENSION TO COMPLETE TRAIL IMPROVEMENTS TO THE SANTA CRUZ RIVER AND THE FUTURE TANGERINE ROAD DEDICATION AND TRAIL EASEMENT. WHEREAS, pursuant to A.R.S. § 9- 500.05, the Town is empowered to enter into development agreements relating to property within the municipality and the Marana Town Council has reviewed the First Amendment to the Development Agreement between the Town and New West Materials, attached hereto as Exhibit "A ", and incorporated herein by this reference; and WHEREAS, it has been determined by the Marana Town Council that it would be in the best interest of the Town to amend the original Development Agreement approved by the Town on October 15, 2002, to extend the requirement to complete the Tangerine Road dedication to October 15, 2004, and to extend the requirement to complete the trail improvements adjacent to the Santa Cruz River to October 15, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: Section 1. That the Development Agreement between the Town of Marana and Marana Golf, Inc. approved by the Town Council on October 15, 2002, is amended as follows: A. RECITAL H of the Development Agreement is deleted in its entirety and replaced with the following language: "H. Future Tangerine Road dedication, as approved by the Development Services Administrator, will be completed by October 15, 2004, or this Agreement is null and void." B. Section 3.2 of the Agreement is deleted in its entirety and replaced with the following language: "3.2 Completion of Trail Improvements. New West shall complete all Trail Improvements by October 15, 2005, or this Agreement is null and void." Section 2. That the Mayor is hereby empowered and directed to execute the First Amendment to the Development Agreement on behalf of the Town of Marana, attached hereto as Exhibit "A ". Marana Resolution No. 2003 -28 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 day of April, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, as Town Attorney and not personally Marana Resolution No. 2003 -28 Exhibit A First Amendment to Development Agreement i Marana Resolution No. 2003 -28 First Amendment to Development Agreement Between The Town of Marana And New West Materials This First Amendment to Development Agreement Between the Town of Marana and New West Materials is made this day of April, 2003, by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town ") and NEW WEST MATERIALS ("New West "). That certain Development Agreement between Town and New West dated October 15, 2002, and recorded in the Offices of the Pima County Recorder at Book 11923, Page 3538 through Page 3553 (the "Agreement "), is hereby amended as follows: 1. RECITAL H of the Agreement is deleted in its entirety and replaced with the following language: H. Future Tangerine Road dedication, as approved by the Development Services Administrator, will be completed by October 15, 2004, or this Agreement is null and void. 2. Section 3.2 of the Agreement is deleted in its entirety and replaced with the following language: 3.2 Completion of Trail Improvements. New West shall complete all Trail Improvements by October 15, 2005, or this Agreement is null and void. All remaining provisions of the Agreement are hereby affirmed and ratified. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. TOWN OF MARANA An Arizona municipal corporation By: Mayor Bobby Sutton, Jr. ATTEST: • By: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM By: Daniel J. Hochuli, Town Attorney NEW WEST MATERIALS By: Dan McQuade State of Arizona ) ss. County of Pima ) The foregoing document was sworn to and acknowledged before me this day of , 2003, by Dan McQuade, the Director of Operations of New West Materials. • Notary Public My Commission Expires: t s TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: May 6, 2003 AGENDA ITEM: IX. A.10 TO: Mayor and Council FROM: Roy Cuaron, Finance Director SUBJECT: Ordinance No. 2003.08 and Resolution No. 2003 -46 Adoption of 2002 Tax Code Amendments DISCUSSION: Historically, the state legislature enacts legislation that affects the Model City Tax Code. The 2002 Tax Code Amendments conforms the Model City Tax Code with recent changes in state law. Generally speaking, the Model City Tax Code is a standard set of rules and regulations that govern the imposition and collection of transaction privilege, use and severance taxes, collectively known as sales tax. Most cities and towns throughout the state, including the Town of_Marana, have adopted the Model City Tax Code as their official enforcement guide. • The 2002 Tax Code Amendments are designed to reflect recent changes in state law to make compliance with the tax code easier for businesses. The amendments are the result of a combination of changes suggested by the Unified Audit Committee and the Arizona Tax Research Association. The Unified Audit Committee is comprised of city /town auditors throughout the state and the Arizona Department of Revenue. The committee meets regularly to review tax code issues. Attached is a synopsis of the changes as prepared by The League of Arizona Cities & Towns. None would appear to have any detrimental impact on the Town's sales tax base. Among the more notable changes are: a) Codifies the current practice of grandfathering in existing construction contracts when a sales tax rate is changed; b) Conforms the definition of Qualifying Community Health Center, Qualifying Health Care Organizations and Qualifying Hospital to A.R.S. definitions; c) Conforms the Model City Tax Code to state law regarding used oil fees and changes the treatment of lead acid battery fees. Staff will be available at the meeting to further explain and discuss the amendments. RECOMMENDATION: Staff recommends adoption of Ordinance 2003.08 and Resolution 2003 -46 adopting the 2002 Tax Code Amendments. SUGGESTED MOTION: I move to adopt Ordinance 2003.08 and Resolution 2003 -46. FINANCE/RC /05/02/2003/9:18 AM MARANA ORDINANCE NO. 2003.08 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA" BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA: Section 1 : That certain document known as "The 2002 Amendments to the Tax Code of the Town of Marana," three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which document was made a public record by Resolution No. 2003 -46 of the Town of Marana, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this . ordinance. Section 2 : The provisions of this ordinance and the public record adopted herein are effective from and after May 31, 2003. Section 3 : Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as herein above described. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of these amendments to the tax code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May 2003. ATTEST: Mayor BOBBY SUTTON, JR. i Page 1 of 2 Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally I i Page 2 of 2 MARANA RESOLUTION NO. 2003-46 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "THE 2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA." BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that certain document entitled "THE 2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA," three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May 2003. ATTEST: Mayor BOBBY SUTTON, JR. i I 'I Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh Town Attorney and not personally Page 1 of 1 2002 Tax Code Changes (Approved by the Commission on November 8, 2002) 1. Conforms the Model,'City , Tax Code definitions for Qualifying Community Health Center, Qualifying Health Care Organization and Qualifying Hospital to the A.R.S. definitions. These ., changes clan that buildings being built to become one of these qualifying entities would be E treated the a ass ari existing one": a �` r4, r 2. Conforms the Model City Tax Code to state law regarding used oil fees and changes the treatment of lead acid battery fees. Used oil fees imposed under A. R.S. § 49 -814 were repealed in 1997 (Laws 1997, Chapter 178, 1 # Regular Session). The lead acid battery fees are not treated as exemptions by the`state no portion of this fee is ever paid to any State or Federal agency; and fees that are not refunded. to purchasers "are kepftby the retailer - i�§ # _.� 3. Places language into the Model CityTaz Code codifying the current practice of grandfathermg . in existing construction contracts when a sales tax rate is changed. 9 2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section 1. Section 8 -100 of the Tax Code of the Town of Marana is amended to read: Sec. 8 -100. General definitions. For the purposes of this Chapter, the following definitions apply: " Assembler " means a person who unites or combines products, wares, or articles of manufacture so as to produce a change in form or substance of such items without changing or altering component parts. " Broker " means any person engaged or continuing in business who acts for another for a consideration in the conduct of a business activity taxable under this Chapter, and who receives for his principal all or part of the gross income from the taxable activity. " Business " means all activities or acts, personal or corporate, engaged in and caused to be engaged in with the object of gain, benefit, or advantage, either direct or indirect, but not casual activities or sales. " Business Dav 'means any day of the week when the Tax Collector's office is open for the public to conduct the Tax Collector's business. " Casual Activity or Sale means a transaction of an isolated nature made by a person who neither represents himself to be nor is engaged in a business subject to a tax imposed by this Chapter. However, no sale, rental, license for use, or lease transaction concerning real property nor any activity entered into by a business taxable by this Chapter shall be treated, or be exempt, as casual. This definition shall include sales of used capital assets, provided that the volume and frequency of such sales do not indicate that the seller regularly engages in selling such property. " Combined Taxes means the sum of all applicable Arizona Transaction Privilege and Use Taxes; all applicable transportation taxes imposed upon gross income by this County as authorized by Article III, Chapter 6, Title 42, Arizona Revised Statutes; and all applicable taxes imposed by this Chapter. " Commercial Property is any real property, or portion of such property, used for any purpose other than lodging or lodging space, including structures built for lodging but used otherwise, such as model homes, apartments used as offices, etc. " Communications Channel means any line, wire, cable, microwave, radio signal, light beam, telephone, telegraph, or any other electromagnetic means of moving a message. " Construction Contracting refers to the activity of a construction contractor. " Construction Contractor means a person who undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement to real property, or to do any part thereof. "Construction contractor" includes subcontractors, specialty contractors, prime contractors, and any person receiving consideration for the general supervision and /or coordination of such a construction project except for remediation contracting. This definition shall govern without regard to whether or not the construction contractor is acting in fulfillment of a contract. "Delivery (of Notice) by the Tax Collector means "receipt (of notice) by the taxpayer". " Delivery, Installation or Other Direct Customer Services means services or labor, excluding repair labor, provided by a taxpayer to or for his customer at the time of transfer of tangible personal property; provided further that the charge for such labor or service is separately billed to the customer and maintained separately in the taxpayer's books and records. " Engaging ", when used with reference to engaging or continuing in business, includes the exercise of corporate or franchise powers. " Equivalent Excise Tax means either: (1) a Privilege or Use Tax levied by another Arizona municipality upon the transaction in question, and paid either to such Arizona municipality directly or to the vendor; or (2) an excise tax levied by a political subdivision of a state other than Arizona upon the transaction in question, and paid either to such jurisdiction directly or to the vendor; or (3) an excise tax levied by a Native American Government organized under the laws of the federal government upon the transaction in question, and paid either to such jurisdiction directly or to the vendor. " Federal Government means the United States Government, its departments and agencies; but not including national banks or federally chartered or insured banks, savings and loan institutions, or credit unions. " Food " means any .items intended for human consumption as defined by rules and regulations adopted by the Department of Revenue, State of Arizona, pursuant to A.R.S. Section 42 -5106. Under no circumstances shall "food" include alcoholic beverages or tobacco, or food items purchased for use in conversion to any form of alcohol by distillation, fermentation, brewing, or other process. " Hotel " means any public or private hotel, inn, hostelry, tourist home, house, motel, rooming house, apartment house, trailer, or other lodging place within the Town offering lodging, wherein the owner thereof, for compensation, furnishes lodging to any transient, except foster homes, rest homes, sheltered care homes, nursing homes, or primary health care facilities. " Job Printing means the activity of copying or reproducing an article by any means, process, or method. "Job printing" includes engraving of printing plates, embossing, copying, micrographics, and photo reproduction. " Lessee " includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. " Lessor " includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. " Licensing (for Use) means any agreement between the user ( "licensee ") and the owner or the owner's agent ( "licensor") for the use of the licensor's property whereby the licensor receives consideration, where such agreement does not qualify as a "sale" or "lease" or "rental" agreement. " Lodging (Lodging Space) means any room or apartment in a hotel or any other provider of rooms, trailer spaces, or other residential dwelling spaces; or the furnishings or services and accommodations accompanying the use and possession of said dwelling,space, including storage or parking space for the property of said tenant. " Manufactured Buildings means a manufactured home, mobile home or factory built building, as defined in A.R.S. Section 41 -2142. " Manufacturer " means a person engaged or continuing in the business of fabricating, producing, or manufacturing products, wares, or articles for use from other forms of tangible personal property, imparting to such new forms, qualities, properties, and combinations. " Mining and Metallurgical Supplies means all tangible personal property acquired by persons engaged in activities defined in Section 8-432 for such use. This definition shall not include: (1) janitorial equipment and supplies. (2) office equipment, office furniture, and office supplies. (3) motor vehicles licensed for use upon the highways of the State. " Modifier " means a person who reworks, changes, or adds to products, wares, or articles of manufacture. " Nonprofit Entity means any entity organized and operated exclusively for charitable purposes, or operated by the Federal Government, the State, or any political subdivision of the State. " Occupancy (of Real Property) means any occupancy or use, or any right to occupy or use, real property including any improvements, rights, or interests in such property. " Out -of -Town Sale means the sale of tangible personal property and job printing if all of the following occur: (1) transference of title and possession occur without the Town; and (2) the stock from which such personal property was taken was not within the corporate limits of the Town; and (3) the order is received at a permanent business location of the seller located outside the Town; which location is used for the substantial and regular conduct of such business sales activity. In no event shall the place of business of the buyer be determinative of the situs of the receipt of the order. For the purpose of this definition it does not matter that all other indicia of business occur within the Town, including, but not limited to, accounting, invoicing, payments, centralized purchasing, and supply to out -of -Town storehouses and out -of -Town retail branch outlets from a primary storehouse within the Town. " Out -of -State Sale means the sale of tangible personal property and job printing if all of the following occur: (1) The order is placed from without the State of Arizona; and (2) the order is placed by other than a resident of the State to be determined in a manner similar to "resides within the Town "; and (3) the property is delivered to the buyer at a location outside the State; and (4) the property is purchased for use outside the State. " Owner- Builder means an owner or lessor of real property who, by himself or by or through others, constructs or has constructed or reconstructs or has reconstructed any improvement to real property. " Person " means an individual, firm, partnership, jointventure, association, corporation, estate, trust, receiver, syndicate, broker, the Federal Government, this State, or any political subdivision or agency of this State. For the purposes of this Chapter, a person shall be considered a distinct and separate person from any general or limited partnership or joint venture or other association with which such person is affiliated. A subsidiary corporation shall be considered a separate person from its parent corporation for purposes of taxation of transactions with its parent corporation. " Prosthetic " means any of the following tangible personal property if such items are prescribed or recommended by a licensed podiatrist, chiropractor, dentist, physician or surgeon, naturopath, optometrist, osteopathic physician or surgeon, psychologist, hearing aid dispenser, physician assistant, nurse practitioner or veterinarian: (1) any man -made device for support or replacement of a part of the body, or to increase acuity of one of the senses. Such items include: prescription eyeglasses; contact lenses; hearing aids; artificial limbs or teeth; neck, back, arm, leg, or similar braces. (2) insulin, insulin syringes, and glucose test strips sold with or without a prescription. (3) hospital beds, crutches, wheelchairs, similar home health aids, or corrective shoes. (4) drugs or medicine, including oxygen. (5) equipment used to generate, monitor, or provide health support systems, such as respiratory equipment, oxygen concentrator, dialysis machine. (6) durable medical equipment which has a federal health care financing administration common procedure code, is designated reimbursable by Medicare, can withstand repeated use, is primarily and customarily used to serve a medical purpose, is generally not useful to a person in the absence of illness or injury and is appropriate for use in the home. " Qualifying Community Health Center (a) means an entity that is recognized as nonprofit under SECTION 501(c)(3) of the United States Internal Revenue Code, that is a community- based, primary care clinic that has a community -based board of directors and that is either: (1) the sole provider of primary care in the community. (2) a nonhospital affiliated clinic that is located in a federally designated medically underserved area in this State. (b) INCLUDES CLINICS THATARE BEING CONSTRUCTED AS QUALIFYING COMMUNITY HEALTH CENTERS. " Qualifying Health Care Organization means an entity that is recognized as nonprofit under Section 501(c) of the United States Internal Revenue Code and that uses, SAVES OR INVESTS at least eighty percent (80 %) of all monies that it receives from all sources each year only for health and medical related educational and charitable services, as documented by annual financial audits prepared by an independent certified public accountant, performed according to generally accepted accounting standards and filed annually with the Arizona Department of Revenue. MONIES THAT ARE USED, SAVED OR INVESTED TO LEASE, PURCHASE OR CONSTRUCTA FACILITY FOR HEALTH AND MEDICAL RELATED EDUCATION AND CHARITABLE SERVICES ARE INCLUDED IN THE EIGHTY PERCENT (80 %) REQUIREMENT. " Qualifying Hospital means ANY OF THE FOLLOWING: (1) a licensed hospital which is organized and operated exclusively for charitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. (2) a licensed nursing care institution or a licensed residential care institution or a residential care facility operated in conjunction with a licensed nursing care institution or a licensed kidney dialysis center, which provides medical services, nursing services or health related services and is not used or held for profit. (3) a hospital, nursing care institution or residential care institution which is operated by the federal government, this State or a political subdivision of this State. (4) A FACILITY THAT IS UNDER CONSTRUCTION AND THAT ON COMPLETION WILL BE A FACILITY UNDER SUBDIVISION (1), (2) OR (3) OF THIS PARAGRAPH. " Receipt (of Notice) by the Taxpayer means the earlier of actual receipt or the first attempted delivery by certified United States mail to the taxpayer's address of record with the Tax Collector. " Remediation means those actions that are reasonable, necessary, cost - effective and technically feasible in the. event of the release or threat of release of hazardous substances into the environment such that the waters of the State are or may be affected, such actions as may be necessary to monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the waters of the State which may otherwise result from a release or threat of release of a hazardous substance that will or may affect the waters of the State. Remediation activities include the use of biostimulation with indigenous microbes and bioaugmentation using microbes that are nonpathogenic, nonopportunistic and that are naturally occurring. Remediation activities may include community information and participation costs and providing an alternative drinking water supply. " Rental Equipment means tangible personal property sold, rented, leased, or licensed to customers to the extent that the item is actually used by the customer for rental, lease, or license to others; provided that: (1) (Reserved) (2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (3) the item so claimed as "rental equipment" is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15 %) of its actual use. " Rental Supply means an expendable or nonexpendable repair or replacement part sold to become part of "rental equipment', provided that: (1) the documentation relating to each purchased item so claimed specifically itemizes to the vendor the actual item of "rental equipment' to which the purchased item is intended to be attached as a repair or replacement part; and (2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (3) the item so claimed as "rental equipment" is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15 %) of its actual use. " Repairer ' means a person who restores or renews products, wares, or articles of manufacture. " Resides within the Town means in cases other than individuals, whose legal addresses are determinative of residence, the engaging, continuing, or conducting of regular business activity within the Town. " Restaurant " means any business activity where articles of food, drink, or condiment are customarily prepared or served to patrons for consumption on or off the premises, also including bars, cocktail lounges, the dining rooms of hotels, and all caterers. For the purposes of this Chapter, a "fast food" business, which includes street vendors and mobile vendors selling in public areas or at entertainment or sports or similar events, who prepares or sells food or drink for consumption on or off the premises is considered a "restaurant ", and not a "retailer'. " Retail Sale (Sale at Retail) means the sale of tangible personal property, except the sale of tangible personal property to a person regularly engaged in the business of selling such property. " Retailer ' means any person engaged or continuing in the business of sales of tangible personal property at retail. " Sale " means any transfer of title or possession, or both, exchange, barter, conditional or otherwise, in any manner or by any means whatsoever, including consignment transactions and auctions, of property for a consideration. "Sale" includes any transaction whereby the possession of such property is transferred but the seller retains the title as security for the payment of the price. "Sale" also includes the fabrication of tangible personal property for consumers who, in whole or in part, furnish either directly or indirectly the materials used in such fabrication work. " Speculative Builder means either: (1) an owner - builder who sells or contracts to sell, at anytime, improved real property (as provided in Section 8-416) consisting of: A) custom, model, or inventory homes, regardless of the stage of completion of such homes; or B) improved residential or commercial lots without a structure; or (2) an owner - builder who sells or contracts to sell improved real property, other than improved real property specified in subsection (1) above: A) prior to completion; or B) before the expiration of twenty -four (24) months after the improvements of the real property sold are substantially complete. " Substantially Complete means the construction contracting or reconstruction contracting: (1) has passed final inspection or its equivalent; or (2) certificate of occupancy or its equivalent has been issued; or (3) is ready for immediate occupancy or use. { " Supplier " means any person who rents, leases, licenses, or makes sales of tangible personal property within the Town, either directly to the consumer or customer or to wholesalers, jobbers, fabricators, manufacturers, modifiers, assemblers, repairers, or those engaged in the business of providing services which involve the use, sale, rental, lease, or license of tangible personal property. " Tax Collector means the Town Manager or his designee or agent for all purposes under this Chapter. " Taxpayer " means any person liable for any tax under this Chapter. " Taxpayer Problem Resolution Officer means the individual designated by the Town to perform the duties identified in Sections 8 -515 and 8 -.516. In towns with a population of 50,000 or more, the Taxpayer Problem Resolution Officer shall be an employee of the Town. In towns with a population of less than 50,000, the Taxpayer Problem Resolution Officer need not be an employee of the Town. Regardless of whether the Taxpayer Problem Resolution Officer is or is not an employee of the Town, the Taxpayer Problem Resolution Officer shall have substantive knowledge of taxation. The identity of and telephone number for the Taxpayer Problem Resolution Officer can be obtained from the Tax Collector. " Telecommunication Service means any service or activity connected with the transmission or relay of sound, visual image, data, information, images, or material over a communications channel or any combination of communications channels. " Utility Service means the producing, providing, or furnishing of electricity, electric lights, current, power, gas (natural or artificial), or water to consumers or ratepayers. Section 2. Section 8 -260 of the Tax Code of the Town of Marana is amended to read: Sec. 8 -260. Exclusion of fees and taxes from gross income; limitations. (a) There shall be excluded from gross income of vendors of motor vehicles those motor vehicle registration fees, license fees and taxes, and lieu taxes imposed pursuant to Title 28, Arizona Revised Statutes in connection with the initial purchase of a motor vehicle, but only to the extent that such taxes or fees or both have been separately itemized and collected from the purchaser of the motor vehicle by the vendor, actually remitted to the proper registering, licensing, and taxing authorities, and the provisions of Article III, regarding recordkeeping, are met. For the purpose of the exclusion provided by this subsection only, the terms vendor and vendee shall also apply to a lessor and lessee respectively, of a motor vehicle if, in addition to all other requirements of this subsection, the lease agreement specifically requires the lessee to pay such fees or taxes, and such amounts are separately itemized in the documentation provided to the lessee. (b) There shall be excluded from gross income of vendors at retail of heavy trucks and trailers, the amount attributable to Federal Excise Taxes imposed by 26 U.S.C. Section 4051, but only to the extent that the provisions of Article III, relating to recordkeeping, have been met. (c) There shall be excluded from gross income the following fees, taxes, and lieu taxes, but only to the extent that such taxes or fees or both have been separately itemized and a i collected from the purchaser by the vendor, actually remitted to the proper registering, • licensing, and taxing authorities, and the provisions of Article III, regarding recordkeeping, are met: (1) emergency telecommunication services excise tax imposed pursuant to A.R.S. Section 42 -5252. "Emergency telecommunication services means telecommunication services or systems that use number 911 or a similarly designated telephone number for emergency calls; (2) the telecommunication devices for the deaf and the severely hearing and speech impaired excise tax imposed pursuant to A.R.S. Section 42 -5252; (3) federal excise taxes on communications services as imposed by 26 U.S.C. § 4251; (4) car rental surcharge imposed pursuant to A.R.S. Section 48 -4234; (5) federal excise taxes on passenger vehicles as imposed by 26 U.S.C. §4001(.01); (6) waste tire disposal fees, imposed pursuant to A.R.S. Section 44 -1302, le acid A M C C battery fees, imposed-151urstiant to %.?eetfion 44 1323: and used oil fees Section 3. Regulation 8 -415.3 of the Tax Code of the Town of Marana is added to read: REG. 8- 415.3. CONSTRUCTION CONTRACTING; TAX RATE EFFECTIVE DATE. A. IN THE EVENT OF A TAX RATE CHANGE, THE RATE IMPOSED ON GROSS INCOME FROM CONSTRUCTION CONTRACTING SHALL BE COMPUTED BASED UPON THE RATE IN EFFECT WHEN THE CONTRACT WAS EXECUTED, SUBJECT TO THE "ENACTMENT DATE" AS DEFINED IN THIS SECTION. GROSS INCOME FROM A • CONTRACT EXECUTED PRIOR TO THE ENACTMENT DATE SHALL NOT BE SUBJECT TO THE TAX RATE CHANGE, PROVIDED THE CONTRACT CONTAINS NO PROVISION THAT ENTITLES THE CONSTRUCTION CONTRACTOR TO RECOVER THE AMOUNT OF THE TAX. B. IN THE EVENT OF A RATE INCREASE, IN ORDER TO QUALIFY FOR THE LOWER RATE, THE CONSTRUCTION CONTRACTOR SHALL, UPON REQUEST, PROVIDE SUFFICIENT DOCUMENTATION, IN A MANNERAND FORM PRESCRIBED BYTHE TAX COLLECTOR, TO VERIFY THAT A CONTRACT WAS ENTERED INTO BEFORE THE ENACTMENT DATE. C. FOR PURPOSES OF THIS SECTION, "ENACTMENT DATE" SHALL BE: (1) IN THE EVENT AN ELECTION IS HELD, THE DATE OF ELECTION. (2) IN THE EVENT NO ELECTION IS HELD, THE DATE OF FINAL ADOPTION BY THE MAYOR AND COUNCIL. (3) NOTWITHSTANDING THE ABOVE, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE TOWN FROM ESTABLISHING A LATER ENACTMENT DATE. 0 TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: May 6, 2003 AGENDA ITEM: IX. A. 11 TO: Mayor and Council FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Proclamation Proclaiming May 17, 2003 as Armed Forces Day DISCUSSION: Annually in May of each year since President Harry S. Truman was in office, a day has been set aside to honor the h eroic s ervices p erformed b y o ur m ilitary t o p rotect t he freedoms o f o ur country. The Mayor and Council support this Armed Forces bay with the attached proclamation. RECOMMENDATION: None required. SUGGESTED MOTION: None required. • ADMIN/MCH/JCE05 /02/20038:52 AM A PROCLAMATION BY THE MAYOR AND COUNCIL • OF THE TOWN OF MARANA ARMED FORCES DAY MAY 17, 2003 WHEREAS, it is fitting that we devote one day each year to pay tribute to those men and women who guard the freedom of our nation and the peace and freedom of the world; and WHEREAS, the achievements in peace and in war are due in large measure to those who give service and sacrifice on our behalf; and WHEREAS, we have troops fighting overseas today to defend our country as many generations have fought bravely in the past to defend our homeland and secure liberty for our country and our allies; and WHEREAS, the members of our military exemplify the true spirit of patriotism through a love of country expressed as a commitment to serve our country and defend our freedoms; and WHEREAS, President Harry S. Truman helped establish a day for Americans to honor and thank our military members as a "combined demonstration by • American's defense team ...towards the goal of readiness for any eventuality." NOW, THEREFORE, as Mayor of this community, and on behalf of the Town Council and every member of the Town staff, do hereby proclaim and recognize May 17, 2003 as Armed Forces Day and urge each citizen to express appreciation for the dedication and selfless service of the members of our extraordinary Armed Forces. Dated: May 6, 2003 tttttr� ® �O: tpvo ocxa ..a Sj, „� Bobby Sutton, Jr., Mayor l Usuet��`� ``, ATTEST �V AfZ.1g dN . ocelyn Bronson, Town Clerk t r TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: May 6, 2003 AGENDA ITEM: IX. B. 1 TO: Mayor and Council FROM: Andy Laurenzi, Environmental Director SUBJECT: Ordinance No. 2003.09 and Resolution No. 2003 -47 Amendment of Town Code Article 124 Off -Road Vehicle Use DISCUSSION: The Habitat Preservation Agreement executed among the Town, Cottonwood Properties and US Fish & Wildlife Service concerning management of the Tortolita Preserve requires that we restrict vehicular travel within the Preserve. A review of the current Town Code regarding Off - Road Vehicle use requires an amendment to allow the police to legally restrict vehicular travel within the Preserve. The following amendment provides the necessary changes to allow police officers to enforce the vehicle prohibition in the Preserve. Police officers have been patrolling the area for three months educating users to the vehicle restrictions. Given the length of time since their patrol activities began they request that this code change be effective immediately so that they are in a position to cite repeat offenders. RECOMMENDATION: - Staff recommends that Council adopt the attached amendment to Article 124 regarding Off - Road Vehicle Use and enact under the emergency clause. SUGGESTED MOTION: I move to adopt Ordinance No. 2003.09 and Resolution No. 200347. ADMIN/AU9:15 AM/05J02l03 MARANA ORDINANCE NO. 2003.09 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING AMENDMENTS TO ARTICLE 12 -4 (OFF -ROAD RECREATIONAL MOTOR VEHICLES) OF THE TOWN CODE AS MADE INTO PUBLIC RECORD UNDER RESOLUTION 2003 -47, RELATING TO OFF -ROAD VEHICLE USE; AND DECLARING AN EMERGENCY TO EXIST. WHEREAS, the Town Council did approve Ordinance No. 96.17, which adopted Chapter 12 of the Town Code entitled "Traffic "; and WHEREAS, the Town Council has amended the Town Code from time to time; and WHEREAS, Chapter 12, Article 12 -4 prohibits certain off -road vehicle uses; and WHEREAS, Article 12 -4 can be fairly construed so as not to apply to vehicles primarily intended for on -road travel; and WHEREAS, the Mayor and Council of the Town of Marana have determined that it is in the Town's best interest to prohibit certain off -road uses of any vehicle, including those primarily intended for on -road travel, so as to preserve the character and quality of the Town's washes, riverbeds and open spaces; and WHEREAS, t he M ayor and C ouncil h ave d etermined t hat i ncreased p rotection for the Town's off -road areas is immediately necessary to avoid irreparable harm to the Town's wild areas, and that an emergency exists. WHEREAS, that certain document entitled "AMENDMENTS TO ARTICLE 12 -4 (OFF - ROAD RECREATIONAL MOTOR VEHICLES)," embodies all of the changes to Article 12 -4 that the Mayor and Council desire to make. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Article 12 -4 of the Marana Town Code is hereby amended by adopting that certain document entitled "AMENDMENTS TO ARTICLE 12 -4 (OFF -ROAD RECREATIONAL MOTOR VEHICLES)," three copies of which are on file in the office of the Town Clerk, having been made a public record by adoption of Resolution 2002 -47. Section 2. Pursuant to Section 12 -7 -2 of the Town Code, a violation of Article 12 -4, as amended, shall be a civil traffic violation. Upon a finding that an owner or operator is responsible for Marana, Arizona Ordinance No. 2003.09 , a violation of this article, the Court shall impose a civil sanction of not less than fifty dollars ($50.00) nor greater than two hundred fifty dollars ($250.00), which shall not be suspended. Section 3. An emergency exists, and this ordinance shall become immediately effective upon its adoption to preserve the health, safety and welfare of the Town and its residents. Section 4. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portion of the Town Code. Section 5. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally Marana, Arizona Ordinance No. 2003.09 MARANA RESOLUTION NO. 2003-47 A RESOLUTION OF THE TOWN OF MARANA, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT ENTITLED "AMENDMENTS TO ARTICLE 12 -4 (OFF -ROAD RECREATIONAL MOTOR VEHICLES)," THREE COPIES OF WHICH ARE ON FILE IN THE OFFICE OF THE TOWN CLERK. BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that certain document entitled "AMENDMENTS TO ARTICLE 12 -4 (OFF -ROAD RECREATIONAL MOTOR VEHICLES)," three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally Marana, Arizona Resolution No. 2003 -47 Article 12 -4 OFF -ROAD MOTOR VEHICLE USE Section 12 -4 -1 Definitions In this article, unless the context otherwise requires: A. "Off -road recreational vehicle" means two -, three- and four -wheel motor vehicles manufactured or converted for recreational non - highway all terrain travel. B. "Operate" means driving or having actual physical control over the vehicle or off - road recreational vehicle. C. "Private lands" or "privately owned" lands means any land other than public lands. D. "Public lands or "publicly owned" lands means any land owned by any government entity or agency, including federal, state and local governments. E. "Vehicle" means any motor vehicle other than an off -road recreational vehicle. F. "Wash" or "riverbed" means a water course having beds, banks, sides and channels through which either waters currently flow or through which flood waters flow periodically, and its adjoining floodplain terraces. Section 12 -4 -2 Prohibited uses A. No person shall operate an off -road recreational vehicle: 1. Upon any portion of any publicly owned wash or riverbed within the town except to cross such wash or riverbed from one bank to another within the boundaries of an existing, clearly defined highway, street, road, primitive roadway, trail or traveled way; or 2. Upon privately owned lands without notarized written consent of the owner, the owner's agent or the person in lawful possession of such property. Such written consent shall be kept within a person's possession while operating an off -road recreational vehicle and shall be shown upon the request of a peace officer; or 3. In such a way as to knowingly cause or contribute to visible dust emissions which then cross property lines into a residential, recreational, institutional, educational, retail sales, hotel or business premises; or 4. At a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any object, person, animal life or other off -road recreational vehicle so as to comply with the duty of all persons to exercise reasonable care for the protection of others; or 5. In such a way as to damage landscaping on public or private lands, or so as to create significant erosion on such lands; or 6. In such a way as to cause excessive noise which disturbs the peace and quiet of a residential area to the extent that a complaint thereof is made to the police department; or 7. Unless all persons under the age of seventeen years riding in or upon such off -road recreational vehicle shall wear adequate protective headgear•, or 8. On any property owned or leased by the town other than a public roadway, unless specifically authorized in writing by the town or expressly allowed by this article. B. No person shall operate a vehicle: 1. Upon any portion of any publicly owned wash or riverbed within the town except to cross such wash or riverbed from one bank to another within the boundaries of an existing, clearly defined highway, street, road, primitive roadway, trail or traveled way; or 2. Upon privately owned lands without notarized written consent of the owner, the owner's agent or the person in lawful possession of such property. Such written consent shall be kept within a person's possession while operating a vehicle and shall be shown upon the request of a peace officer. This provision shall not apply to vehicles traveling upon driveways leading from a public street or highway to a private residence; or 3. In such a way as to knowingly cause or contribute to visible dust emissions which then cross property lines into a residential, recreational, institutional, educational, retail sales, hotel or business premises; or 4. In such a way as to damage landscaping on public or private lands, or so as to create significant erosion on such lands; or 5. On any property owned or leased by the town other than a public roadway, unless specifically authorized in writing by the town or expressly allowed by this article. Section 12 -4 -3 Identification and proof of ownership A. All operators of off -road recreational vehicles shall carry proof of ownership, or a rental agreement and a driver's license while operating such off -road recreational vehicles and shall show such documents upon the request of a peace officer. If an operator is unlicensed, then recent picture identification shall be carried. B. For the purposes of this section, identification for minors may include a school picture identification with school or home address or a notarized statement consisting of the minor's physical description and home address which is signed by a parent or guardian. Section 12 -4 -4 Exempt uses The provisions of this article shall not apply to a vehicle or an off -road recreational vehicle being used for: A. Ranching or agricultural purposes; B. Grading, construction or building trade purposes; C. Mining purposes; D. Licensed off -road business operations such as land surveying, public utility companies, sand and gravel operations and other similar enterprises; E. Authorized emergency vehicle including towing services; F. Governmental purposes by a government employee; G. Golf carts on golf courses. Section 12 -4 -5 Exempt locations The provisions of this article shall not apply: A. To vehicle or off -road recreational vehicle operators on their own property, except when creating dust emissions as set forth in section 12- 4- 2(A)(3) or section 12-4 - 2(B)(3). B. On any dedicated public highway, street, road, alley or parking lot generally open to the public for the purpose of vehicular travel if properly licensed to use such roadway. 4' J MARANA RESOLUTION NO. 2003- A RESOLUTION OF THE TOWN OF MARANA, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT ENTITLED "AMENDMENTS TO ARTICLE 12 -4 (OFF -ROAD RECREATIONAL MOTOR VEHICLES)," THREE COPIES OF WHICH ARE ON FILE IN THE OFFICE OF THE TOWN CLERK. BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that certain document entitled "AMENDMENTS TO ARTICLE 12 -4 (OFF -ROAD RECREATIONAL MOTOR VEHICLES)," three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Marana, Arizona Resolution No. 2003- - TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: May 6, 2003 AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: James R. DeGrood, P.E., Development Services Administrator SUBJECT: PUBLIC HEARING Proposed modifications to the Santa Cruz River F000dplain and Floodway, downstream of Sanders Road DISCUSSION: The Town of Marana proposes to modify the Federal Emergency Management Agency (FEMA) floodplain and floodway for the Santa Cruz River, downstream of the Sanders Road bridge. The proposed modifications will substantially reduce the amount of land area contained within both the floodplain and floodway, with only a minor increase in the width of the 100 year floodplain in limited locations. This modification was initiated after the Town hired an engineering consultant, Mr. Doug Plasencia, to assist in the development of policies regarding floodway development in the Berry Acres neighborhood. The first task was to review the existing mapping, and during this task. Mr. Plasencia determined that revisions to the floodway could benefit the area residents and should be pursued. The Town then authorized a restudy of the area, using more refined computer analysis techniques then were employed in the original study, but using the original data from the Flood Insurance Study adopted in 1993. The restudy also considered the impact of the recently completed levee improvements performed by Pima County Flood Control District. Physical improvements in the floodplain, such as the canals and dikes associated with agriculture have also been evaluated and the hydraulic model has been adjusted based upon those conditions. The Town and Mr. Plasencia have also been coordinating with P ima C ounty F lood C ontrol District on this restudy effort, and have been coordinating with the County's restudy effort for the Santa Cruz River between Avra Valley Road and Sanders Road. The Town established a neighborhood advisory group, comprised of residents in the Berry Acres neighborhood to review the restudy results. This advisory group has met on 3 occasions to review the progress of the restudy prior to this hearing. As a condition of FEMA, this public hearing is required to take public comment prior to submitting a map revision based upon the restudy performed. This hearing requires no action be taken by the Town Council. The staff and consultant will review any testimony or facts presented at this hearing and determine whether any revisions need to be made to the submittal RECOMMENDATION: JRD /9:21 AM/05/02/2003 N/A SUGGESTED MOTION: N/A • JRD /9:21 AM/05/02/2003 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: May 6, 2003 AGENDA ITEM: IX. B. 3 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 200342: San Lucas Preliminary Block Plat: An application for approval of a Preliminary Block Plat for a 291.97 acre Master Planned Development located east of I -10, north of Adonis Road, and west of the CAP canal, in a portion of Section 22, Range 11 East, and Township 11 South. DISCUSSION: This application was heard by the Marana Planning Commission on February 26, 2003, and a recommendation for approval was sent to Town Council. The application, from BCIF Group, is to develop approximately 291.97 acres of vacant land known as San Lucas to single family residences, with some office and commercial uses. This request is to construct a variety of housing types that will be integrated with common open space and natural buffers. The applicant is proposing to provide a mix of lots in the R- 6, R -7 and R -8 zoning designations, within Blocks 2 through 9, and 11 and 12, to accommodate single family residential development. The applicant is also providing areas for retail commercial and professional offices in the VC and CO zones, within Blocks 1 and 10. General Plan: A General Plan Amendment for the San Lucas Property (GPA- 99105) was passed by Ordinance No. 2000.12 and, with that amendment; this block plat is in compliance with the Town of Marana General Plan. The General Plan Update, approved by Town Council and ratified by election, designates this area as "Medium density residential" and "Corridor Commerce ". Northwest Marana Area Plan: This project is in the Interstate East Area designated by the Northwest Marana Area Plan. Residential uses combined with appropriate commercial and professional uses are anticipated for this area. Circulation: The on site circulation is proposed to consist of Cochie Canyon Trail, renamed to "Marana Road ", and being improved to a collector street bisecting the project site. The tentative plat also includes an extension of Postvale along the eastern boundary of the project site. The local street system will be interconnected between the identified pods, to provide limited access points on Marana Road. In satisfaction of the approved Development Agreement, the Developer shall dedicate land and cause to be constructed a graded chip seal paved road, extending Postvale Road north along the east property line to meet Marana Road within the project. The developer has agreed to provide an improved, four -lane railroad crossing at Marana Road, from the existing terminus east across the I -10 Frontage Road and the Union Pacific Railroad tracks, continuing east to connect to the Marana Road Extension. Comments from ADOT have generated a series of meetings culminating in an "agreement in principle" between ADOT, the Town, and BCIF Group, regarding improvements to the intersection of Marana Road and the east side Freeway ramps and frontage road. The details of the agreement will be memorialized in an amendment to the approved Development Agreement. Railroad: The site is impacted by the existing Union Pacific Railroad, located parallel to the I -10 interstate, which limits the accessibility to the site as well as a potential noise generator for the future residents. Staff has recommended that the appropriate disclosure be provided to the potential buyers regarding the impacts caused by the railroad operation. This disclosure shall discuss the potential impacts and what mitigations the project is proposing to address the concerns. These issues should address, but not be limited to, Noise, Limitations on Crossings, Safety Signals and Crossing Arms. This disclosure will be required on all final development plats within the project. Schools: The Developer has made available a school site per the approved Development Agreement, and Rezoning Condition #10. This site will be located in the south - central portion of the property within Block 7. It is a 10 acre site which will be deeded to a non -profit community trust for education or park and recreation purposes. In the event the school site is not sold to the State or deeded to the School District within twenty -five years, said land will revert to park and recreation purposes to be used by the Town of Marana for Public Recreational purposes. Parks and Recreation: The applicant has agreed to construct a linear public trail within the 160 foot right of way of Marana Road, traversing the property from east to west, including a 14 -foot minimum width asphalt paved walk, pedestrian benches, and irrigated landscaping. There will also be a linear private trail within the area designated as riparian area, traversing the property from east to west, including a natural, winding trail surfaced with stabilized soil or decomposed granite. The Developer shall dedicate and deed to the Town a minimum of thirteen and one - half developable acres located in the southwest corner of the property for a public park site. The park and recreational facilities shall be subject to approval by the Town Parks and Recreation Director. In addition to the public park site, each platted block shall provide not less than 185 square feet per unit of developed recreational space. Archaeolosical Both the Arizona State Museum and the Tohono O'odham Nation request the preservation of site AZ AA: 12:646 due to the presence of artifacts and possible human remains. It is a large Hohokam habitation site with extensive subsurface cultural features including burials. Due to the burial remains of Hohokam natives, it is regarded as a Traditional Cultural Place and Sacred Site by the Tohono O'odham Nation. The Arizona State Museum has accepted the treatment plan described by Eric Klucas, PhD in his report titled "Archaeological Testing at Four Sites within the San Lucas Estates Property, Marana, Arizona ", and the Developer has agreed to execute that plan. Another site, AZ AA: 12:687, shall be monitored during ground disturbance. Sewer: The Preliminary Block Plat has been conditionally approved by Pima County Wastewater. Work will continue between the _Developer and Pima County Wastewater to develop an appropriate sewer plan for this project. RECOMMENDATION: The Planning & Zoning Commission and Planning Staff recommend approval of the San Lucas Preliminary Block Plat. SUGGESTED MOTION: I move to approve Resolution No. 2003 -42. MARANA RESOLUTION NO. 2003-42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MAR.ANA, ARIZONA APPROVING THE SAN LUCAS PRELIMINARY BLOCK PLAT CONSISTING OF BLOCKS 1 THROUGH 12 AND COMMON AREAS "A" AND "B" ON A 291.97 -ACRE PARCEL LOCATED EAST OF I -10, NORTH OF ADONIS ROAD, AND WEST OF THE CAP CANAL, IN A PORTION OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 11 EAST. WHEREAS, the Town of Marana approved and adopted the rezoning on the subject property December 19, 2000 by Ordinance No. 2000.12; and WHEREAS, BCIF Group is the owner of the property located east of I -10, north of Adonis Road, and west of the CAP Canal in a portion of Section 22, Township 11 South, and Range 11 East, and has applied to the Town of Marana for approval of a Preliminary Block Plat for 12 Blocks and Common areas "A" and "B "; and WHEREAS, the Preliminary Block Plat was presented to the Marana Planning Commission on February 26, 2003 and the Planning Commission recommended that the Town Council approve the Preliminary Block Plat; and WHEREAS, the Marana Town Council has heard from the representative(s) of the owners, staff, and members of the public at the regular Town Council meeting held May 6, 2003, and has determined that the Preliminary Block Plat for San Lucas should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the San Lucas Preliminary Block Plat, submitted by BCIF Group for a 12 Blocks, and Common Areas "A" and "B" located east of I -10, north of Adonis Road, and west of the C AP C anal, in a portion of Section 22, Township 11 South and Range 11 East is hereby approved. Marano Resolution No. 2003 -42 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May 2003. ATTEST: Mayor BOBBY SUTTON JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally I I Marano Resolution No. 2003 -42 Page 2 of 2 TOWN OF MARANA PLANNING DEPARTMENT 3696 W. Orange Grove, Tucson, Arizona 85741 l�IARAi�IA 0 A APPLICATION FOR SUBDIVISION PLAT REVIEW w� TOWN OF MARANA Project Location: T -11 -S, R -11 - E, Section 22 Property Location Description: A portion of Section 22, T -11 -S, R -11 -E Town of Marana Assessor's Parcel Number and Legal Description: 217 -29 0020,217 - 27 - 002x, 002J 002x, _002T. Existing Use of Property: vacant REQUEST: SUBDIVISION NAME: Preliminary Plat Block Pla X San Lucas Final Plat PRESENT ZONING: Amended Plat VC , R - 6 , R - 7 , R - 8 , C0 , R - 144 Resubdivision GENERAL PLAN DESIGNATION: Reversion To Acreage VC , R - 6 , R - 7 , R08 , CO , R - 144 Acres: 291.97 Total m of Lots N/A Applicants Interest: Own ❑ Lease ❑ In Escrow ❑ Option to Buy • Name of Applicant: MMLA Inc. Applicant Address: 800 E. Wetmore,_ Suite 110 Tucson , . Z 8 , 85719 Contact Person: Pattie Davis Phone: 292-2 9 300 B� =F FAX: 292 -1290 Name of Property Owner: -BGF4 Group, LLC Address of Property Owner: 6262 N. Swan Road, Suite 125 Contact Person: Bob Zammit Phone: 529 -1330 FAX: 529 -1312 Project Planner /Engineering Firm: MMLA, Inc. Firm's Address: 800 E. Wetmore, Suite 110, Tucson, AZ. 85719 Contact Person: Pattie Davis Phone: 292 -2300 FAX: 292 -1290 I, THE UNDERSIGNED, CERTIFY THAT ALL OF THE FACTS SET FORTH IN THIS APPLICATION ARE TRUE TO THE BEST OF MY KNOWLEDGE AND THAT 1 AM EITHER THE OWNER OF THE PROPERTY OR THAT 1 HAVE BEEN AUTHORIZED IN WRITING BY THE OWNER TO FILE THIS APPLICATION AND CHECKLIST. Z4MM r7-- 7 D ,Print Name of Applicant/Agent Si ature Date H: PLANNING ( FORMS \eEVPKG\1999 \PPRAPP99.DOC Page 4 of 7(Rev. 3/7/00) SUPPLEMENTAL SHEET Type of Project: 1 Residential ❑x Commercial 7 Industrial 7 Other (explain) Project Location: T -11 -S, R -11 -E, Section 22 Project Area: 12,718,213.2 sq.ft. acres RESIDENTIAL Block Plat Not Known Number Density 1 BR 2 BR 3+ BR Apartments units RAC Single Family Attached units RAC Other units RAC Parking: Total on -site: Ratio: per unit. Garage: Carport: Open: Open Space: sq. ft. /unit. Patios: sq. ft. Balconies: sq. ft. Storage Areas: cu. ft. /unit Total Building coverage • NON - RESIDENTIAL Not known, Block Plat Hours of Operation: a.m. to p.m. through Number of Shifts: Employees /Shift: Total Employees: Gross Floor Area: sq.ft. Existing: sq.ft. Proposed: sq.ft. Parking Spaces: spaces Ratio: /sq. ft. or Employees Seating Capacity: Number of Students /Children: (if applicable) (When applicable) Building Coverage: % Landscaping: % of the site LIST RELATED CASES CASE # FILE NAME /PROCESS 2. 3. 4. 5. • i H:\ PLANNING \FORMS\DEVPKG \1999\PPRAPP99.DOC Page 6 of 7 (Rev. 3/7/00) LOCATION MAP r :\ PRV- 02074PP San Lucas Block Plat TOWN OF MARANA U GHeC w - San Lucas - - - -- Request for approval of a Preliminary Block Plat for a 291.97 acre Master Planned Area. -• O t0 CD J Ql N J�. 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O I N rn v h 0 II II' g Z Z U7 ? r m l I m C N D ' D J 0 v m D I — II H o o rn Vl oo r te- - c n D 2 n '1' rC- 3 A 104 m n= O m w og = I °o �4a�O m co m�� A ° W r 9�c Z , w wm mw a y 1 rn o z mN W r z z 'I C7 W u v r r i r 1� D mA N J O N c mC A rn- af m (/I b u z Z A X c) - A z n Fri I r - I 1 O n ° .�d 0 I I z MULTI -PURP �, y ° z LANE o z N y m ►� - yyy c> m r _ �� O Dn D O N p N g N — ^ ? V N D Y O o C Z W p3 I �ev N I� I ...� tO CW Om D D o i ° / nD ;DO 10 ° ZA ° n Ao g > D z N rn an d mr u+�ii Z G�N 5 Dp Z N u I o x G7 ~ n 6" I zm a SHOULDER a?v n. o z m N X c� 4" c w ((fnn!1 ° Z I ( �� >C7 A O W m i �D 0 x O -4 Mzzo�cmi= y ' ° �D �A M N j rN Z � ° $g < n zI ° co O D m' N A w a 11 A � o ' z gm V v X D Dg o 8 p V / DZ AO g - A P - �i6�� zz >m --10 "— c r r r " j . ai -iZ °v z a TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: May 6, 2003 AGENDA ITEM: IX. B. 4 TO: Mayor and Council FROM: James R. DeGrood, P.E., Development Services Administrator SUBJECT: Resolution No. 2003 -41 Approval of Railroad Crossing Agreement with Union Pacific Railroad for the improvement and relocation of the Cochie Canyon Trail railroad crossing DISCUSSION: Town staff has received a formal agreement from the Union Pacific Railroad for the improvement and relocation of the Cochie Canyon Trail railroad crossing. This agreement when executed, will allow the relocation. of the existing Cochie Canyon Trail at -grade railroad crossing to align the crossing with the existing Interstate 10 "Marana interchange. T he reconstructed roadway will require new crossing gates which will be sufficient to allow for an ultimate 4 -lane roadway crossing without requiring future crossing reconstruction. This railroad crossing is being upgraded at the request of BCIF • Development in conjunction with their San Lucas project, and they will substantially fund this improvement. This crossing relocation is necessary to ensure that the San Lucas project constructs adequate access to the proposed development, in a location which is consistent with the long term transportation needs of the Town, ADOT and the railroad. This project will also relocate the existing Adonis Road at -grade railroad crossing in favor of a connection to the new Cochie Canyon Trail improvements. These connections will reduce the number of at -grade railroad crossings in the town by one, and allow for the future conversion of the I -10 frontage road to "one- way" with fewer people inconvenienced. Additionally, the Adonis Road crossing was the site of a fatality rail/auto collision; the current crossing requires that vehicles parallel the tracks as the approach the crossing, with a sharp turn as they cross the tracks. Staff supports this request in order to ensure that the long -term transportation improvements necessary for the San Lucas project are installed by the developer, as well as improve the overall safety and reduce the number of the at -grade railroad crossings in the region. RECOMMENDATION: Staff recommends that the Town Council approve this resolution and agreement, as it will improve the overall safety and reduce the number of the at -grade railroad crossings in the region. • SUGGESTED MOTION: I move that the Mayor and Council adopt Resolution 2003-41. JRD /4:16 AM /05/02/2003 • MARANA RESOLUTION NO. 2003-41 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO A NEW PUBLIC ROAD CROSSING DEVELOPER'S AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR COCHIE CANYON TRAIL. WHEREAS, the Union Pacific Railroad Company is responsible for the operation and maintenance of the Adonis and Cochie Canyon Trail at -grade railroad crossings; and WHEREAS, the BCIF Corporation desires to improve the at -grade railroad crossing; and WHEREAS, the Town desires the reconstruction of the existing railroad crossing for Cochie Canyon Trail to improve the safety to the public using this crossing and the Adonis crossing, as well as a development proposed by BCIF Corporation; and WHEREAS, the Union Pacific Railroad has reviewed BCIF's roadway improvement proposal and is prepared to authorize the construction of this project; and WHEREAS, it is in the best interest of the citizens of the Town of Marana to relocate and improve the geometry of the existing Railroad crossing, and consolidate this crossing with the Adonis Road crossing. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Mayor is authorized to execute a New Public Road Crossing Developer's Agreement with Union Pacific Railroad Company. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2003. Mayor Bobby Sutton, Jr. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson Daniel J. Hochuh Town Clerk As Town Attorney and not personally Marana, Arizona Resolution No. 2003 -41 Page 1 of 1 r TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DAT May 6, 2003 AGENDA ITEM: DC. B. 5 TO: Mayor and Council FROM: Michael C. Hein, Town Manager SUBJECT: Resolution No. 200340 and Ordinance No. 2003.07: Amending Article 2 -9 (Board of Adjustment) of the Town Code. DISCUSSION: The adoption of this resolution and ordinance will amend the Town Code by establishing a Board of Adjustment separate from the Town Council. Keeping the Board of Adjustment separate from the Town Council is desirable because the Board acts in a quasi-judicial capacity, while the Council is a legislative body. This will ensure that the Council maintains its primary function, without having to embroil itself in many individual zoning disputes. Furthermore, the actions of the Board maybe appealed to the Council, in which case, if it were acting as the Board of Adjustment, it would be reviewing its own decision. These changes to the Town Code include establishing a seven- member Board of Adjustment. The Council's authority to review the decisions of the Board of Adjustment remains unchanged. Staff is preparing Bylaws to govern the Board, to be approved by the Town Council. RECOMMENDATION: Staff recommends that Council authorize the establishment of a Board of Adjustment separate from the Town Council. SUGGESTED MOTION: I move to approve Resolution No. No. 2003 -40 and Ordinance No. 2003.07. OE TION Q� THE TOM . , �F MV A -A'N -X A I Qi?Tr , i EC ARINO 5 A P IBI� C R E QRD; TII`TERTA�N_I���IT1VIT .E1�T ICED ` °FI�tD1EI°£S TQTICLR Z. (O OF ADNSTN',S'"'�'HHREE CONES OF'VtrHCH Ai2EN FILE Il�T TH"E OFFICE OF Irm TOWN C IRI IT REsoll VEIL by the.lVlay)r and C6uh T of t :'Town ofMarana Afzona; certabn document ezrtltled "AIVIEI�DIYINTS T(Q ARTICLE 2 -9 (BOARD.OF AI3NTME1�tT), three copies c vh ch;are on f le Itil -je office of the Town Clerl�, is .13ero - y.de laced to be a pill he rec ©rd, aid sail copes are or - erect to rerna�n on 1e with the.:To .Clerk; PASSE.: ANI7: rI3 TEO by the.l�Iayor. and Coucrl "�xf tlie: Tovvri of tai ana, Anzona, this 6th day of.�Ylay�,_ 003 Mayor $OBI3Y. �L7TT ATTEST <. Is�etyii:; :$ronsan Town.Cleri� �: APPROVED AS :TO.FORW 'I .J od ul . A� s '1'0 .Attorney and not personally 7. Marana, Arizona Resolution No. 2003 -40 Page .1 of 1 MARANA ORD NO. 2 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING AMENDMENTS TO ARTICLE 2 -9 (BOARD OF ADJUSTMENT) OF THE TOWN CODE AS MADE INTO PUBLIC RECORD UNDER RESOLUTION 2003 -40, ESTABLISHING A BOARD OF ADJUSTMENT. WHEREAS, the Town Council did approve Ordinance No. 96.13, which adopted Chapter 2 of the Town Code entitled "Mayor and Council' and WHEREAS, the Town Council has amended the Town Code from time to time; and WHEREAS, Chapter 2, Section 2 -9 -2 of the Town Code establishes the Town Council as the board of adjustment for the Town of Marana; and WHEREAS, the Mayor and Council of the Town of Marana have determined that it is in the Town's best interest to establish a board of adjustment separate from the Town Council; and WHEREAS, changes to Chapter 2, Article 2 -9 of the Town Code are necessary to establish a separate board of adjustment; and WHEREAS, A.R.S. § 9- 462.06 .authorizes the Town Council to establish a board of adjustment. NOW, T HEREFORE, B E IT O RDAINED b y t he M ayor a nd C ouncil o f t he T own o f Marana, Arizona, as follows: Section 1. Article 2 -9 of the Marana Town Code is hereby amended by adopting that certain document entitled "AMENDMENTS TO ARTICLE 2 -9 (BOARD OF ADJUSTMENT), three copies of which are on file in the office of the Town Clerk, having been made a public record by adoption of Resolution 2003 -40. Section 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portion of the Town Code. Section 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Marana, Arizona Ordinance No. 2003.07 1 Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Marana, Arizona Ordinance No. 2003.07 2 AMENDMENTS TO ARTICLE 2 -9 (BOARD OF ADJUSTMENT) Article 2 -9 BOARD OF ADJUSTMENT Section 2 -9 -1 GeneFal previsiGns ESTABLISHMENT; PURPOSE There is hereby established a board of adjustment for the town. The board of adjustment is the quasi-judicial body of the town established to grant relief from certain provisions of the town zoning code, as specifically set forth, and within the limits herein established. Section 2 -9 -2 ant APP01WMENT• VACANCIES The town eouneil is hereby established as the Tev�m of I�Iar-ana beard ef adjustment. The Fespensibilities of the board of adjtistmei-A. All meetings shall be epen te the publie and if the bear-d meeting is eendueted as paft of a eouneil meeting, the agenda shall ele lyr-efleet. that the eouneil will be aeting as the board of adjttstment on that agenda i THE BOARD OF ADJUSTMENT SHALE: CONSIST OF SEVE.N:M:EMBE:R.S. WHO SN :AI,:[:1 SERVE AT THE PLEASURE OF THE TOWN COUNCIL, EACH OF WHOM SHALL BE A RES]IDE'.NT OF THE TOW "N. MEMBERS SI IALI, SERVE STAGGERED TERMS, WITH FOUR MEMBERS INITIALLY SERVING A TERM OF' TWO YEARS, AND THREE ;MEMBERS INfTIA.L:LY SERVING A TERM: OF FOUR YEARS. T. B. EREAFTER. EACH MEMBER OF THE BOARD SHALL BE APPOINTED TO SERVE A TERM OF FOUR YEARS. VAC.ANC.[ES ON THE BOARD OF A.D:IUSTNIENT SHALT: BE FII,LE:D BY _A • MAJORITY VOTE OF THE TOWN COIJNCIL TO FILL THE REMAINING TERM OF OFFICE. Section 2 -9 -3 OFFICERS; PUBLIC MEETING AND MINUTES: BYLAWS, Quonun -and vetin g : PROCEDURE pr-ee th it fello s the tow ee „G33 ..+1 . A. I- NWEDIATELY I„JPON FORMATION AND EVERY ' TWO YEARS THER.FAFTER FOLI,OW'I:NG TI=IE SEATING OF NEW BOA.R.D MEMBERS, THE BOARD OF AI)J US MI ENT SHALL ELECT A CHAIR PERSON WITH THE POWER TO ADMINISTER OATHS AND TAKE EVIDENC:F_<. B. THE MEETINGS OF THE BOARD OF ADJt. S I mENT SHALL BE I. B IEC T T THE PUBLIC ME:F_,T1NG LAWS AND MI.NUITES S.11ALL BE TAKEN SHOWING THE VOTE OF EACH MEMBER AND RECORDS OF ITS EXAMINATIONS AND OTHER OFFIC1AL-ACTI.ONS. A:N, D SI IA:I:.<I_ BE FILED 1N THE OFFICE OF THE BOARD AS A PUBLIC RECORD. NO VOTE SHALL BE MADE BUT BY A QUORUM OF T:I1::E BOARD. C. THE BOARD OF ADJUSTMENT SH:A.I :I.. :FO:I,1..OW AND ADHERE TO BYLAW'S ESTABLISHED FOR THE BOARD BY THE TOWN COUNCIL. Marana Town Code ART 2 -9 BOARD OF ADJUSTMENT AMEND 04.WPD 1 CHAPTER DRAFT COPIES OF SUCH BYLAWS SHALL BE FILED WI I H: THE TOWN CLERK AND I DE AV AII_ F TIIR T1 ,PI �1 '�I'�IIN U,. ..... ADMINISTRATOR. D. THE BOARD OF AD.1 [.1 S I'MEN"I:` MAY ADOPT RULES OF PROCEDI;RE 'I'O GOVERN IT M EETINGS. COPIES OF SL - I Kl i.1ES SI IAI..; FI1 FD WITII THE TOWN CLERK AND MADE AVAILABLE 'ITHRO[)GH THE PLANNING .ADMLNISTRATOR. Section 2 -9 -4 Powers and duties The board of adjustment shall perform the following duties: 1. Variances The board shall hear and decide on requests for variances from the terms of the land development code as provided therein. 2. Interpretations The board shall hear and decide on interpretations of the land development code as provided therein. 3. Nonconforming uses The board shall hear and decide on applications for nonconforming uses as provided in the land development code. 4. Other matters The board shall consider such other matters as may be referred by the town council from time to time. Section 2 -9 -5 COMPENSATION THE MEMBERS OF THE BOARD OF ADJUSTMENT SHALL SERVE WITHOUT COMPENSATION, HOWEVER, MEMBERS MAY BE REIMBURSED FOR ACTUAL EXPENSES INCURRED IN CONJUNCTION WITH THEIR DUTIES, UPON AUTHORIZATION OR RATIFICATION BY THE BOARD AND APPROVAL OF SUCH EXPENDITURES BY THE TOWN COUNCIL. Marana Town Code ART 2 -9 BOARD OF ADJUSTMENT AMEND 04.WPD CHAPTER DRAFT 2 AMENDMENTS TO ARTICLE 2 -9 (BOARD OF ADJUSTMENT) Article 2 -9 BOARD OF ADJUSTMENT Section 2 -9 -1 General previsiGns ESTABLISHMENT; PURPOSE There is hereby established a board of adjustment for the town. The board of adjustment is the quasi-judicial body of the town established to grant relief from certain provisions of the town zoning code, as specifically set forth, and within the limits herein established. Section 2-9-2 Establislun APPOINTMENT, TERM: eeiineil shali senvene as the board ef adjustment whenever it is neeessaizy to fulfill --- that the eetmeil will be aeting as the board of adjustmej3A en dmt agenda i THE BOARD OF ADJUSTMEN -T SHALL CONS'[ST OF SEVEN MEM:BER.S. WHO SHALL SERVE AT THE PLEASURE OF THE TOWN COUNCIL, EACH OF WHOM SHALL BE A RESIDENT OF THE TOWN MEMBERS SHALL SERVE STAGGERED TERMS, WITH FOUR MEMBERS INITIALLY SERVING A TERM OF TWO YEARS AND THREE MEMBERS INITIALLY SERVING A TERM: OF FOUR. YEARS. TI IEREA:FTER. EACH MEMBER OF THE BOARD SHALL BE APPOINTED TO SERVE A TERN[ OF FOUR YEARS, VACANCIES ON THE BOARD OF ADJUSTMENT SHALL .BE .FIL:LED BY A MAJORITY VOTE OF THE TOWN COUNCIL TO FILL THE REMAINING TERM OF OFFICE. Section 2 -9 -3 OFFICERS, MEETING AND MINUTES; BYLAWS; _ Quorurn-md . PROCEDURE When aeting as the bear-d ef adjustment, the setmeil sha4l fellow all fules, regulations pr-eeedufes that it fellews as the town oeuneil. A. IMMEDIATELY UPON FORMATION AND EVERY TWO YEARS THEREAFTER FOLLOWING TI =] SEATING OF NEW BOARD ME;i!!IBERIS, THE BOARD OF ADJUSTMENT SHALL ELECT A CHAIR PERSON WITH THE POWER TO ADMINISTER OATHS AND TAKE EVIDENCE. B. THE MEETINGS OF THE BOARD OF ADJUS'T'MENT SHALL BE SUIBJECT TO THE PUBLIC MEETING LAWS AND MLNTUTES SHALL BE TAKEN SHON'I'ING THE VOTE OF EACH MEMBER AND RECORDS OF ITS EXAMINATIONS AND OTHER OFFICIAL ACTIONS AND SHALL BE FILED IN THE OFFICE OF THE BOARD AS A PUBLIC RECORD. NO VOTE SHALL BE MADE BUT BY A QUORUM OF THE BOARLD. C. THE BOARD OF ADJUSTMENIT SHA.1 -1, :FO:LLOW AND A.DI:IERE TO BYLAW'S ESTABLISHED FOR THE BOARD BY THE TOWN COUNCIL. Marana Town Code ART 2 -9 BOARD OF ADJUSTMENT AMEND 04.WPD CHAPTER DRAFT COPIES OF SUCH BYLAWS SHALL BE FILED W117B.THE TOW N CLERK AND MADE AVA11,ABLE Tf1ROUG11 TI-JE KANNING ADMLIN j5-TR-k MR: D. 'rHE BOARD OF ADf(TSTMENTMAY ADOPT IZULES OF PROCEDURE TO GOVERN ITS MEETINGS. COPIES OF SUCI-1 RULES SFIALL BE F11-ED WIn! THE TOWN CLERK AND MADE AVAILABLE THROUGH THE PLANNING ADMINISTRATOR. Section 2-9-4 Powers and duties The board of adjustment shall perform the following duties: I . Variances. The board shall hear and decide on requests for variances from the terms of the land development code as provided therein. 2. Interpretations. The board shall hear and decide on interpretations of the land development code as provided therein. 3. Nonconforming use s. The board shall hear and decide on applications for nonconforming uses as provided in the land development code. 4. Other matters. The board shall consider such other matters as maybe referred by the town council from time to time. Section 2-9-5 CONDENSATION THE MEMBERS OF THE BOARD OF ADJUSTMENT S HALL S ERVE WITHOUT CONDENSATION, HOWEVER, MEMBERS MAY BE REIMBURSED FOR ACTUAL EXPENSES INCURRED IN CONJUNCTION WITH THEIR DUTIES, UPON AUTHORIZATION OR RATIFICATION BY THE BOARD AND APPROVAL OF SUCH EXPENDITURES BY THE TOWN COUNCIL. Marana Town Code ART 2-9 BOARD OF ADJUSTMENT AMEND 04.WPD 2 CHAPTER DRAFT May 6, 2003 AGENDA ITEM IX. B. 6 EXECUTIVE SESSION Pursuant to A.R.S. Section 38- 431.03 (A)(4) for discussion and consultation with the Town Attorney to consider the Town's position and instruct its attorney regarding the Town's position in pending litigation, Velardi vs. Marana. May 6, 2003 AGENDA ITEM IX. B. 7 Action on Executive Session, Item IX. B. 6 pursuant to A.R.S. Section 38- 431.03 (A)(4) for discussion and consultation with the Town Attorney in order to consider the Town's position and instruct its attorney regarding t he Town's p osition i n V elardi v s. T own o f Marana (Dan Hochuli) TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: May 6, 2003 AGENDA ITEM: IX. B. 8 TO: Mayor and Council FROM: Michael C. Hein, Town Manager SUBJECT: State Legislative Issues — Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION: This item is scheduled for each regular Council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Attached are the most recent communications from the League of Arizona Cities and Towns. RECOMMENDATION: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION: None required. ADMIN/JCE/05 /02/2003 1 LEGISLUIVE BULLETIN Issue No. 15 April 25, 2003 f t� k3$F Show Down on the Senate Floor 1 N TH 1 S 1 SS U E The much- anticlpated battle over HB 2308: Eminent Domain occurred yesterday afternoon on the Senate floor with the main issue being the judicial review provi- Sion of the bill. As reported in previous Bulletins, cities and towns, neighbor - hood groups and businesses had all been preparing for the debate for several Show Down on the Senate weeks, however it had been. delayed due to the slow down in legislative action. Floor ... .... i k expected,µSenator Jay Tibshraeny offered,the consensus League amendment to remove the bill's most offensive rovisions, such as the 10 ear moratorium'on - r P Y. the transfer of property and the judicial review provision, and added enhanced Budget Y Upclatei We Are protection for property owners through increased notification requirements and Saf' For Now .`:.:.� .: .`. 2"" procedural changes.- _ There were two'other proposed amendments to the bill, however, this number was reduced to one when Senator Mark Anderson withdrew his floor amend- _ Transportation Bill Back ment." The remaining amendment was sponsored by Senator Barbara Leff and would have inserted a modified judicial review provision. This amendment i n Committee • sparked nearly ,an hour's worth of passionate floor debate over the level of Judi- cial review needed for eminent domain cases. . Many thanks are due to several legislators that argued against Senator Leff's judicial Beaten Up But Still _Alive ..2 review amendment. Leading the charge were two former Mayors and League mem- bers, former Chandler Mayor, Senator Jay Ti shraeny, and former Tempe Mayor, Senator Harry Mitchell. We are also extremely grateful to Senators Carolyn Allen, Slade Mead, and Bill Brotherton for debating in favor of cities and towns on this Population Estimates Bill issue. On other side of the issue were Senators Leff, Dean Martin and Jim Weiers. to Governor 2 With the voice vote over Senator Leff's amendment being too close to call, the mem- bers had to stand to have their votes individually counted. Thanks to strong debate against the Leff amendment, the final vote was 12 in favor and 16 against. After the Leff amendment failed, the Tibshraeny amendment and the bill subsequently passed. League of Arizona The bill moves next to a final vote before the Senate and then back to the House, where the sponsor, Representative Farnsworth, will have the opportunity to acceptor r reject the Senate changes. It is expected that Representative Farnsworth will refuse the 1 LI e S AND TOW nS Senate changes, creating another battle when the bill goes to conference committee. Legislative Bulletin is published by the League of Arizona Please continue to call your legislators and educate them on the costly impacts of Cities and Towns. Forward your comments or suggestions to: the judicial review provision, as this will most likely emerge again in conference committee. Our thanks again to Senators Tibshraeny, Mitchell , Allen, Mead.and League of Arizona cities and Towns Brotherton for their debate on Thursday nd to Senator Gabrielle Giffords for her 1820 W. Washington Street y Phoemx,Arizona 85007 behind the scenes work before Thursday's floor debate. Phone: 602-258-5786 - Tax 602 - 253 -3874 Thanks also go out to the other senators who voted against the Leff floor amend- E -mail: league @mg.state.az.us ment: Senators Linda Aguirre, Linda Binder, Jack Brown, Robert Cannell, Ken Internet: www.aOeague.org Cheuvront, Jorge Luis Garcia, Toni Hellon, Richard Miranda, Pete Rios and Victor Soltero. } Issue No. 15 April 15, 2003 Page 2 ` Budget Update: We Are extend the half -cent sales tax for transportation and require MAG to establish a Transportation Policy Committee for the purpose of Safe, For NOW adopting a Regional Transportation Plan for Maricopa County. The Republican Leadership released their joint Senate /House budget Beaten Up, But Still Alive proposal this we It is a similar yet reworked version of the JLBC budget proposal that was released earlier, this year. The good news is Debate began on the Senate floor on Tuesday of this week for HB that this'new budget proposal keeps urban revenue sharing at the 2436: Municipal Ballot Measures; Required Signatures, but was cutoff 14.8% that was negotiated and agreed to last year. We are very., when Senator Mark Anderson made a motion to retain the bill on the pleased to see that. Of course, cities and towns are still receiving floor calendar. This means that the bill has to be scheduled again in somewhere between 65 and 70 million dollars less than you did last order to pass Committee of the Whole before a final vote can be taken. year solely based on the reduced income tax collections. Senator Anderson, who supports this legislation, made this motion on As you are all aware this reduced amount will continue for us simply the floor, as it looked like the bill might not pass when a long list of due to the two -year delay in the allocation of state shared revenues to senators, including Senators Thayer Verschoor, Dean Martin, Pete municipalities. So while the economy is getting better, our state Rios and Barbara Leff stood up to oppose the bill. From the com- shared revenues will not reflect this recovery for some time. ments made, it was very clear that more Senators would be supportive Although we are safe in this recent version of the budget, it is not the of the bill if the population threshold was lowered. Currently, the bill final version. Not all legislators outside of leadership are in support of is limited to cities and towns under 100,000 in population. this latest proposal. Generally, the issues of education, health care and Senator Robert Cannell, the only member to speak in support of HB differing revenue forecasts are the current sticking points. As these 2436 on the Senate floor, will be offering a floor amendment to limit issues are resolved, we will likely see several versions of the budget over the bill to cities and towns under 50,000 in population, in an attempt the next week or so. It is in these renegotiations that we are vulnerable to gain more support. We expected the bill to be debated yesterday and the reason why cities and towns must remain prepared to discuss afternoon but amendment preparation delayed action. their budget situations and the importance of state shared revenues. _ It is expected that this bill will be rescheduled for Monday's Please keep your members apprised of these facts and express our floor debate calendar. Opponents of the bill have been working appreciation for their support of state shared revenues. extremely hard to defeat this legislation, so please continue to call your senators and urge them to support HB 2436. Our thanks to Transportation Bill Back in Senator Cannell for his support on this issue! Committee Population Estimates Bill to This week HB 2292: Transportation Policy Committee; Regional Governor Planning faced a unique procedural twist with another hearing in the House Transportation Committee, whose chairman, Representative SB 1209: Population Estimates; Cities; Towns; Counties reached the Gary Pierce, is the bill's sponsor. The purpose of this meeting, Governor's desk this week and is ready for her signature. This legisla- allowed under a rarely used House rule, was to develop a recommen- tion provides options to cities and towns when determining popula- dation on the Senate amendments to HB 2292, specifically the floor tion estimates for distribution of state shared revenues including a amendment sponsored by Senator Slade Mead that allows hybrid mid - decade census, a census survey, the DES population estimate or vehicles use of the HOV lanes. use of the 2000 census number. Senator Mead sponsored this amendment after his bill on the same The bill, which is sponsored by Senator Jay Tibshraeny, received little subject did not make it out of the House. The main concerns heard opposition along the legislative process. The final version passed out before the Transportation Committee were that the amendment does of the House 54 -5 with Representatives Chuck Gray, Jake Flake, Joe not conform to federal law and its potential to jeopardize the successful- Hart, Bill Konopnicki, and Steven Tully voting "no" and received a ness of the underlying bill was unknown and too risky. The Committee final vote of 28 -2 in the Senate with Senators Jack Harper and Thayer unanimously recommended non- concurrence to the Mead amendment. Verschoor voting "no." The hybrid vehicle amendment is expected to be officially removed The measure is designed to give local governments a variety of from HB 2292 in a conference committee. The provisions of the bill that options in population data at a varying cost of nothing to mil - will be retained in the conference committee authorize a regional vote to lions of dollars. 6 Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www.azleague.org. LEGISLATIVE BULLETIN Issue No. 13 April 10, 2003 �k A;Week Without Eminent Domain!? IN THIS ISSUE It was a quiet week on the eminent domain front, as HB 2308: Eminent Domain, never reared its ugly head (at least publicly). Although meetings and behind- the - scenes work with legislators and staff in preparation of floor activ- `A Week Without Eminent ity have not stopped, the bill was suspiciously absent from Senate caucus and Domain!?!,. floor calendars. As the bill continues to be discussed, it appears that several members are consid- ering offering amendments on the floor. The possibility of amendments compli- Referendum Signatures ' Cates predicting the final fate of this bill and also complicates the position that Ready for Senate Floor cities and towns should take on the various potential amendments. While the Action . 2 amendments being contemplated would all lessen the impact of the bill on our condemnation authority, they will likely not go far enough to warrant our sup - port and may increase the chances of the bill passing. A strong possibility is an amendment to strike the ten -year moratorium on land Just What the Supreme transfers. While this is one of the most egregious provisions of the existing bill, it Court Ordered.......... • • 2 is not the only one. A provision that would expand judicial review over council actions is just as harmful. Currently, redevelopment condemnation actions are subject to judicial review to insure that cities and towns adhere to the procedures One Step Closer to proscribed in law and that they do not act in an arbitrary and capricious manner. The proposed expansion of judicial review would subject the legislative actions of Sine Die .................2 councils to second - guessing by judges such as the determination of slum and blighted conditions and whether an intended reuse serves a public purpose. Those are decisions that are far better left to the discretion of officials who were elected to office to make those kinds of determinations. If the judicial review of council actions is expanded, the possibility of costly lawsuits, lengthy delays due to the court proceedings, and adverse rulings will expand greatly. So, if the ten- year moratorium on land transfers is stricken, serious problems with the bill will League of Arizona continue to exist. An amendment, backed by the League, will be offered that replaces much of the C1tleS ANDTO existing bill language with procedural changes that would require enhanced ub- lic notification and a more active role by councils when using condemnation f or Cities and Tow ns. Forward your comments or su Legislative Bulletin is Published by the League s ugge s tion s to: redevelopment. The amendment fosters good public policy as it does not restrict condemnation authority for redevelopment but rather enhances the procedures 1820 W. Washington Street of Arizona caries and Towns to use the authority. Unless the League - backed amendment is voted on to the 1820 Phoenix, Arizona 85007 bill, HB 2308 should be vigorously opposed by cities and towns. Phone: 602-258-5786 Fax: 602- 253 -3874 With the end of session looming, we fully expect this bill to move and are work- E-mail: league@mgstate.azus ing hard for next week's showdown. Please keep your neighborhood and busi- InterneC wwwazleague.org ness leaders in the loop and remind them to pass their opposition to HB 2308 on to their legislators. Issue No. 13, April 10, 2003 Page 2 ' Referendum Signatures Both Jarrett and Huppenthal agreed to keep the language that allows the existence of municipal justice court hearing offi- Ready for Senate Floor Action cers, who would not be required to be attorneys. The full text of the sections affecting city and town magistrates was e- mailed to HB 2436, the League resolution that would enable cities and towns city and town attorneys last week. However, there was disagree- under 100,000 to increase the number of signatures required to ment on the issue of co- location of courts, an issue that is not in place a referendum on the ballot, continues to move along the the current language but that Senator Jarrett would like to prohib- Legislative process. As reported in last week's Bulletin, the bill it. The bill will undoubtedly go to a Conference Committee for passed out of the Senate Judiciary Committee. further work. We will keep you posted on its progress. Due to opposition expressed in committee, Senator Bill Brotherton will be offering an amendment on the Senate floor to prohibit cities One Step Closer to Sine Die and towns from adopting the ordinance that would change the sig- nature requirement by an emergency measure. His belief is that a As expected and reported in previous Bulletins, the House and Senate city or town could adopt the ordinance with an emergency measure, honored the committee hearing deadline last Friday. With the dead - which would block citizens from referring this issue to the ballot. line passing last week, we would like to extend our thanks to all the In the Senate Democratic Caucus yesterday, the Democrats indicated city and town elected officials and staff that have taken the journey to that they could support the bill with this amendment. This is good the Capitol this year to offer your expertise in committee testimony. As news, as Democrats in the House voted nearly unanimously against always, your travel and effort made a big impact with the Legislators this legislation. With the amendment adding to the base of support and helped many League resolutions pass out of tough committees. for the bill, it stands a better chance of passing the full Senate. The pace of the Legislature this week has slightly decelerated. The Senate Republican Caucus had a mixed reaction to this bill, Because the pace has slowed down and there are not as many bills with Senators Thayer Verschoor and Barbara Leff indicating a making their way back to their houses of origin, there have been strong opposition to the bill. Our thanks go to Senators Linda fewer opportunities for bill sponsors to formally accept or Binder, Mark Anderson and Jim Weiers for speaking in favor of the reject the changes from the other side. This has translated into bill in the Senate Republican Caucus. the scheduling of less than expected Conference Committees to p work out differences between the House and Senate. It looks The bill is expected to be debated and voted on the Senate floor like the House and Senate may have to extend the deadline of April next week. Please continue to call your Senators and urge them to 14th to hold Conference Committees by a few days. support this bill. The Legislature has still been keeping quiet on the timeline for the Just What the .Supreme budget. The most recent word is that the House and Senate may not adjourn by the April 18th deadline, but instead stick around Court Ordered! for a couple of extra weeks to work out the budget. The reason that the Legislature has slowed down maybe to make time for Last summer the Supreme Court ordered that all pro -tem justices of more budget negotiations to occur. the peace and pro -tem city and town magistrates had to be lawyers, based on their interpretation of the State Constitution. City and town In terms of budget content, the only rumors right now are that the courts dealt with this order in a variety of ways; some by naming Legislature appears to be moving closer to the Governor's proposed their pro -tem magistrates as part time assistant magistrates instead. budget. The Governor has stood firmly by her original proposed budget, while House and Senate leadership have indicated that they SB 1031, a bill sponsored by Senator Marilyn Jarrett passed the will be revising the Legislative proposal put forth earlier this year. Senate as a fairly simple bill. In the House, Representative John Huppenthal amended it with a strike everything that further State shared revenue continues to be left out of budget negotiations. addresses the Supreme Court order. Because the bill must return We are appreciative of comments made last week on the television pro - to the Senate where Senator Jarrett could potentially remove the gram, Horizon, by Senate President Ken Bennett and House Speaker House amendments in a Conference Committee, a meeting was Jake Flake that they would not cut shared revenues. Please continue to called this week to work on any differences and to gain support for keep your Legislators informed of your local budget situation and the Huppenthal strike- everything amendment. to thank them for their continued support of local services. Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www.azleague.org. F • N i LEGISLUIVE'BULLETIN Issue No. 14 April 17, 2003 Eminent Domain Battle Delayed. IN THIS: ISSUE Another Week, = " The coalition of cities and towns, neighborhood'groups and businesses that Eminent Domain Battle oppose HB 2308: Eminent Domain continued to prepare for a fight on the Senate Delayed Another Week .....1 floor this week, however, it appears that the official brawl may not occur until next week. Although HB 2308 was in the Senate Democrat and Republican Caucuses on Tuesday, making the bill "eligible for floor debate, it has been absent Budget Strategy Delays from anyo end f the floor debatecalars this week. Sine Die ...... .......1 The delay in going to a floor debate and vote leads us to speculate that the bill's sponsor, Representative Eddie Farnsworth, is delaying floor, debate until he can R eferendum Signatures garner more support for the bill. Continues to Await Floor As reported in last week's Bulletin, several senators indicated in Caucus that they Action ............ .... 2 were planning on running amendments to this bill. Senator Barbara Leff will be running a floor amendmentto remove the problematic 10 -year moratorium on the transfer of property. However, as we noted last week, there are still several A Bad Bill That Just Won't other provisions that are harmful to cities and towns that remain in the bill. Die'. ....................2- The League is continuing to meet with members to urge them to support the consensus League amendment and to oppose all the other amendments. This Council Vacancy Bill Moves amendment provides for good public policy and encourages additional public Toward Governor . ..... 2 participation in the redevelopment process. Please continue to call your senators and ask them to support the League amendment to the bill and to oppose all other amendments, including the Leff amendment. Without Concur or Refuse? .........2 the League amendment, this bill should be strongly opposed by cities and towns. Budget Strategy Delays Sine Die The House and Senate Leadership have been hard at work lately, trying to iron League Of Arizona out a Legislative budget proposal reflecting updates from the original JLBC plan released earlier this session. Senate President Ken Bennett and House Speaker Jake Flake have decided to slow the regular session down in order to keep the Cities ANDTowns members active and engaged while this new budget proposal is being worked out. Rather than sending legislators home and finishing up the regular session, Legislative Bulletin is published by the League of Arizona the strategy is to slow things down and create a budget proposal that can garner Cities and Towns. Forward your comments or suggestions to: 16 and 31 votes, the magic numbers needed to send a proposal to the Governor. Lea of Arizona cities and Towns This has been a very abnormal session already in that few bills were introduced 1820 W. Washington Street z. Phoenix, Arizona 85007 and from that small amount, even fewer have made it through the process. As of Phone: 602 - 258 -5786 last count, only about 86 bills have been passed and sent to the Governor leaving Fax 602 - 253 -3874 only 158 available to even be considered for passage since the deadline for com- E -mail: league @mg.state.azus Internet: www.azleague.org mittee hearings has long since passed. Of these, only a few League issues remain CONTINUED ON PAGE 2 . T Issue No. 14 April 17, 2003 Page 2 10M MT 1 : to be considered which are currently caught up in the strategy of month has passed since we last reported that this League slowing things down. Resolution was nearing the final stages in the Legislative process and was ready for a vote by the full Senate. It is not uncommon for leadership to use this type of strategy for Thankfully, the delay was simply because this unopposed bill has passage of a budget proposal, but with the regular session sailing been on the Consent Calendar and the Senate has been addressing smoothly along, many had expected Sine Die in record time. But the more controversial bills first. as has been the case over the last couple of years, the budget always comes along to take over the process: ` Introduced as a League Resolution by Sierra Vista, HB 2185 is sponsored by Representative Marian McClure. This bill allows Referendum Signatures greater public participation when filling vacancies on a city or town council by providing municipalities with the option of filling Continues to Await Floor Action the vacancy until the next regular council election. As reported in last week's Bulletin, HB 2436, the Referendum Because HB 2185 was not amended in the Senate, it bypasses the Signatures bill is ready for floor action. Due to the slowdown in the Concur /Refuse step in the House and is expected to be sent to the legislative process, as previously mentioned in this Bulletin, HB 2436 Governor's desk shortly. has not received a Senate floor debate or vote yet. One new argument that opponents of this legislation have developed Concur or Refuse? is that mayors are being hypocritical because they are asking for the Several League Resolutions are nearing the end of the Legislative signature requirement to increase for referendums when the number process as their sponsors decide whether to concur with changes of signatures to get themselves on the ballot is lower. While we know made in the opposite chamber or to send the bill to a conference that this line of reasoning seeks to compare two completely different committee for further debate. Resolutions that reached this stage subjects, the League has been working hard to let the Senators know this week: why this debate is irrelevant. • HB 2292: Transportation Policy Committee; Regional' Please continue to call your Senators and urge them to support HB Planning passed the Senate by a vote of 27 -2, but the 2436, as it is expected to be debated early next week. Let them know sponsor, Representative Gary Pierce, has refused the the impacts that a too easily obtainable number of signatures for a changes made by the Senate. The issue at hand is a floor referendum has on your city or town and that the Legislature has amendment from Senator Slade Mead allowing Hybrid vehi- already granted the same authority for municipal initiatives. cles use of HOV lanes, which doesn't conform to federal law. Representative Pierce has indicated he will remove this pro - A Bad Bill That Just Won't Die vision in a conference committee. HB 2292 is the first A bill that has serious implications for not following truth in taxation League resolution to see a conference committee this year. (TNT) requirements is ready for a House Floor vote. SB 1331: Truth in HB 2333: Service of Process; Municipal Courts passed the Taxation, as reported in an earlier Bulletin, prohibits a city or town from Senate unanimously and the bill's sponsor, Representative increasing their property tax levy any higher than the previous year if John Nelson, has concurred with the Senate changes. This the current truth in taxation requirements are not perfectly adhered to. Resolution will receive a Final Vote next week, as the House This penalty is very harsh and will have severe implications if a must now vote on the Senate version of the bill. mistake is made regarding the TNT requirements. Please notify HB 2444: Redevelopment Area; Financing; Definition unani- your Representatives and request their "NO" vote on SB 1331. mously passed the Senate and all changes have been con- curred to by the sponsor Representative Randy Graf. This Council Vacancy Bill Moves Resolution will also be voted on one last time in the House Toward Governor to give members an opportunity to vote on the Senate version. HB 2185: Municipal Common Councils; Vacancies cleared the Senate this week after a unanimous vote on the floor. Almost a Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www.azleague.org.