HomeMy WebLinkAbout08/09/2011 Study Session Agenda Packet ARA A
MARANA TOWN COUNCIL
STUDY SESSION
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, August 9, 2011, at or after 6:00 PM
Ed Honea, Mayor
Patti Comerford, Vice Mayor
David Bowen, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Jon Post, Council Member
Roxanne Ziegler, Council Member
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in
italics. The Council Chambers are wheelchair and handicapped accessible. Any person who, by reason
of any disability, is in need of special services as a result of their disability, such as assistive listening
devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will
be accommodated. Such special services are available upon prior request to the Town Clerk at least 10
working days prior to the Council meeting.
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
DISCUSSION/DIRECTION /POSSIBLE ACTION
DI: Resoluti No. 2011 -79: Relating to Elections; approving and authorizing the
Town Clerk to conduct mail ballot elections for the Town (Jocelyn Bronson)
D 2: Presentation: Relating to Facilities; review of the Marana Operations Center
(MOC) Facility Master Plan (Barbara Johnson)
D 3: Presentation: Relating to Utilities; proposed comprehensive revisions to Title
14 (Water) of the Town Code in anticipation of changing its title to Utilities and
revising its language to cover water and wastewater utilities (Frank Cassidy)
D 4: Presentation: Relating to Personnel; discussion and consideration of proposed
amendments to the Town's Personnel Policies and Procedures; revising Chapter 3 -
Compensation and Chapter 4 - Employment Benefits (Suzanne Machain)
Study Session - August 9, 2011 - Page 1 of 142
D 5: _P resentation: Relating to Development Impact Fees; overview of Senate Bill
1525 and its implications for the Town's development impact fees; and Council
direction on whether to have an infrastructure improvements advisory committee or
to submit to a biennial certified audit (Frank Cassidy)
Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or
consultation for legal advice with the Town Attorney concerning any matter listed on this agenda.
Executive session pursuant to A.R.S. § 38- 431.03(A)(4) to consider the Town's
position and instruct the Town's attorneys regarding a potential settlement of the
case entitled Harris v. Town of Marana, Case No. CV 10 -371 -CRP
ADJOURNMENT
Study Session - August 9, 2011 - Page 2 of 142
MN
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, August 9, 2011, 6:00:00 PM
To: Mayor and Council Item D 1
From: Jocelyn Bronson , Town Clerk
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area - Additional Information:
To improve community involvement and education.
Subject: Resolution No. 2011 -79: Relating to Elections; approving and authorizing the Town
Clerk to conduct mail ballot elections for the Town
Discussion:
A.R.S. § 16- 409(A) permits cities and towns to conduct elections entirely by mail, a process referred
to in the statutes as mail ballot elections. The Arizona League of Cities and Towns' data shows that
since 2000, over 30 cities and towns have been holding mail ballot elections, with the
goal of increasing voter participation and providing better accessibility to the election process.
Tonight's presentation will illustrate the differences in conducting mail ballot elections and polling
place elections. Chris Roads, Pima County Registrar of Voters, will also be available to address
Council questions or concerns regarding his experience with mail ballot elections.
Financial Impact:
Potential savings to the town will be discussed in the presentation.
ATTACHMENTS:
Name: Description: Type:
O Reso Ballot by_Mail 2011.DOC Mail Ballot Elections Resolution Resolution
Staff Recommendation:
Suggested Motion:
OPTION 1 - I move to direct staff to bring this item back for further discussion regarding the issues
which have been raised.
OPTION 2 - I move to adopt Resolution No. 2011 -79; authorizing the Town Clerk to conduct mail
ballot elections for the Town.
Study Session - August 9, 2011 - Page 3 of 142
MARANA RESOLUTION NO. 2011 -79
RELATING TO ELECTIONS; APPROVING AND AUTHORIZING THE TOWN CLERK TO
CONDUCT MAIL BALLOT ELECTIONS FOR THE TOWN
WHEREAS A.R.S.§ 16- 409(A) authorizes towns to conduct mail ballot elections; and
WHEREAS evidence shows mail balloting yields higher voter participation; and
WHEREAS the Mayor and Council have determined that increasing voter turnout and partic-
ipation in the voting process is in the best interest of the town and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that all future elections held by the town shall be mail ballot elections, in ac-
cordance with Arizona Revised Statutes Title 16, Chapter 4, Article 8.1.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA-
RANA, ARIZONA, this 9" day of August, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Study Session - August 9, 2011 - Page 4 of 142
MAN
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, August 9, 2011, 6:00:00 PM
To: Mayor and Council Item D 2
From: Barbara Johnson , General Manager Public services
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area - Additional Information:
Maintain the current level of service or better to keep residents safe and secure.
This improvement plan will assure future capacity to serve the community and address the
immediate needs of the police department.
Subject: Pr esentation: Relating to Facilities; review of the Marana Operations Center (MOC) Facility
Master Plan
Discussion:
The MOC was originally purchased as an operations facility for the Operations and Maintenance and
Utility Departments in 2001. Since that time it has also become a sub - station for the Police Department and
a Parks and Recreation Department Community Room for citizens. In 2004 Old Pueblo Archeology
relocated three older modular building onto the West front end of the property with the agreement that after
five years the building became the Town's. In late 2009 after Old Pueblo Archeology moved out a minor
upgrade to one modular took place allowing PD to use it as a temporary facility. Space restraints of this
modular prompted plans to expand and renovate the last modular.
During the FY12 CIP process, the police department submitted a plan to renovate the North modular to
meet their operational needs. The CIP project provided for the short term use of a site built building by PD
until a stand alone PD operations center can be planned and built in a central location in the future. Once
the police department relocates, this building will be used by another department such as the Utility
Department or the CIP Division that may grow in response to additional programs and infrastructure.
ATTACHMENTS:
Name: Description: Type:
No Attachments Available
Staff Recommendation:
Suggested Motion:
Council's pleasure.
Study Session - August 9, 2011 - Page 5 of 142
MARANA
\
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, August 9, 2011, 6:00:00 PM
To: Mayor and Council Item D 3
From: Frank Cassidy , Town Attorney
Strategic Plan Focus Area:
Not Applicable
Subject: Presentation: Relating to Utilities; proposed comprehensive revisions to Title 14
(Water) of the Town Code in anticipation of changing its title to Utilities and revising
its language to cover water and wastewater utilities
Discussion:
Title 14 of the Marana Town Code currently addresses the Town's water utility. This item
proposes to change the title's name to "Utilities" and to revise it to include both water and
wastewater. These changes will accommodate the Town's anticipated operation of its own sewer
utility.
There are many overlapping administrative and service concepts and requirements for water and
wastewater utilities. Utilities Department staff worked with the Legal Department to combine
these overlapping concepts and requirements whenever possible, and to update and simplify the
code requirements. As a result of these efforts, revised Title 14 as presented for discussion
tonight is eight pages shorter than the previous version, despite the addition of the wastewater
function.
The proposed revised Title 14 (Utilities) is provided as part of the backup materials for this
agenda item, along with a comparison version showing the many changes from the existing
language of Title 14. To avoid unnecessary clutter, the comparison version has been stripped of
all formatting, so that only text changes appear. All revisions to margin notes, etc., are removed.
ATTACHMENTS:
Name: Description: Type:
0 Title_14_as_revised throug June_24,_201.1_
(00023695- 3).DOC Title 14 Revised Backup Material
O WS BinaryComparison 00027419-
00027418.pdf Title 14 redline comparison of existing to new Backup Material
Staff Recommendation:
If the proposed revisions are acceptable to Council, staff requests direction to proceed with
bringing the changes forward for formal amendment of the Town Code.
Study Session - August 9, 2011 - Page 6 of 142
Commission Recommendation - if applicable:
To date, these proposed revisions have not been presented to the Utilities Commission.
Suggested Motion:
I move to direct Town staff to proceed with bringing the proposed changes to Town Code Title
14 forward to Council for consideration and possible adoption.
Study Session - August 9, 2011 - Page 7 of 142
TITLE 14. UTILITIES
CHAPTER 14 -1. GENERAL PROVISIONS ......................................................... ..............................1
CHAPTER 14 -2. RESPONSIBILITIES ................................................................ ..............................2
CHAPTER 14 -3. UTILITY SERVICE ................................................................... ..............................3
CHAPTER 14 -4. CONSTRUCTION AND FINANCING OF UTILITY FACILITIES ............................5
CHAPTER 14 -5. PROVISION OF UTILITY SERVICE ........................................ ..............................6
CHAPTER 14 -6. RATES AND CHARGES ......................................................... .............................10
CHAPTER 14 -7. EMERGENCY WATER CONSERVATION RESPONSE ........ .............................13
CHAPTER 14 -8. BACKFLOW PREVENTION AND CROSS - CONNECTION CONTROL ..............16
CHAPTER 14 -9. VIOLATIONS ........................................................................... .............................23
Study Session - August 9, 2011 - Page 8 of 142
(00023695.DOC13)
IMENEMEM
TITLE 14. UTILITIESERROR! REFERENCE SOURCE NOT
FOUND. Title 14 was originally adopted by Ordinance
No. 96.06, and was comprehensively rewritten
CHAPTER 14 -1. GENERAL PROVISIONS by Ordinance No. 2011.XX
14 -1 -1 Intent and purpose
A. The intent and purpose of this title is to promote the health, safety,
order and general welfare of the present and future utility custom-
ers of the town, and specifically to:
1. Provide safe and reliable service to utility customers of the
town;
2. Provide for the financial integrity of the town utilities;
3. Manage the water resources of the town to protect the utility
customers of the town and to facilitate the economic develop-
ment of the town;
4. Develop water resources for the benefit of current and future
residents and utility customers of the town;
5. Provide for the expansion and improvement of the town's water
and wastewater utilities; and
6. Provide adequate water and wastewater system capacity in a
fiscally responsible manner.
14 -1 -2 Definitions
A. In this title, unless the context otherwise requires:
1. "Applicant" means a person requesting the town to provide utili-
ty service.
2. "Application" means a request to the town for utility service.
3. "Commodity charge" means the unit cost of billed usage as set
forth in the adopted utility rates and charges.
4. "Contributions in aid of construction" means funds provided to
the town by the applicant under the terms of a utilities exten-
sion agreement or service connection agreement.
5. "Customer' means the person or entity in whose name service
is rendered, as evidenced by the name on the application, the
contract for service, or utility bills, regardless of the identity of
the actual user of the utility service. Customer includes the cus-
tomer's agent or contractor.
6. "Meter' means the instrument for measuring and indicating or
recording the volume of water that has passed through it.
7. "Non- potable water" means water not suitable for human con-
sumption.
8. "Point of delivery" means the point where facilities owned,
leased or under license by a customer connect to the town wa-
ter utility's pipes at the outlet side of the meter.
9. "Potable water" means water suitable for human consumption.
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10. "Premises" means all of the real property and apparatus em-
ployed by a single enterprise on an integral parcel of land undi-
vided by public streets, alleys or other rights -of -way or ease-
ments.
11. "Service line" means a water line that transports water from a
common source (normally a distribution main) of supply to the
customer's point of delivery.
12. "Wastewater facilities" means infrastructure used for the collec-
tion or treatment of wastewater.
13. "Water facilities" means infrastructure used for the extraction,
storage, or delivery of potable water or non - potable water but
not for the delivery of wastewater or stormwater.
CHAPTER 14 -2. RESPONSIBILITIES
14 -2 -1 Responsibilities of the council
A. Adoption of comprehensive master plans The council may adopt
comprehensive utility system master plans. Upon adoption of the
plans, the council shall assure that no extension, improvement or
addition to a town utility shall be constructed or authorized unless
and until the extension, improvement or addition conforms to the
corresponding comprehensive utility system master plan.
B. Utility construction standards The council may adopt and amend
engineering design and construction standards for improvements
to, extensions of, additions to, and modifications of the town's utili-
ties.
C. Utilities to be operated as enterprise funds A separate fund is es-
tablished for the town's water utility and for the town's wastewater
utility. All funds paid to the town pursuant to provisions of this title
for, but not limited to, service charges, fees, construction of facili-
ties, fines and penalties shall be deposited into the corresponding
utility fund, and all expenditures made by the town in relation to
the town's ownership, operation, maintenance, repair, expansion,
acquisition, management, salaries, professional fees, debt ser-
vice, bond payments and other costs and charges shall be paid
from the corresponding utility fund. The town council may make
loans from the general fund to the town utility funds from time to
time to supplement revenues generated by the town utilities to as-
sure the timely payment of all obligations, provided that the loans
are timely repaid from the corresponding utility fund to the general
fund. The town utilities shall be self - supporting and funded solely
from revenues generated from utility operations. All fees and
charges levied by the town in relation to its utilities shall be, to the
degree practical, based on the cost of providing the service for
which a fee or charge is levied.
14 -2 -2 Utilities director
The town utilities director shall be responsible for the day to day man-
agement of the town utilities including, but not limited to:
A. Provision of safe and reliable service to town utility customers.
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B. Compliance with federal, state, and local ordinances and regula-
tions.
C. Preparation of utility system master plans.
D. Sufficiency of the town's water supply.
E. Adequacy of the town's wastewater utility capacity.
F. Inspection and repair of the utility systems.
G. Review of all engineering plans and contracts.
H. Collection of all funds due the town's utilities.
I. Development of utilities elements of the town's capital improve-
ment plan
J. Preparation and administration of annual budgets.
K. Enforcement of this title.
CHAPTER 14 -3. UTILITY SERVICE
14 -3 -1 Application for service
Water and /or wastewater utility service may only be provided pursuant
to application to the town. Before providing service, the town shall col-
lect all installation and other charges required by this title and all cus-
tomer information deemed appropriate by the utilities department.
14 -3 -2 Deposits
A. Requirement of deposit: amount The town may require a deposit
from an applicant for service not to exceed twice the average
monthly bill for the account or in the case of a new account, twice
the estimated monthly bill, or in the case of an account which has
shown delinquency for three consecutive months as a condition of
providing service. A separate deposit may be required for each
service connection.
B. Deposit: refund Deposits shall be refunded when the customer
moves or requests a discontinuance of service, as long as all bills
are paid in full. No interest shall be paid to customers on deposits.
Deposit refunds shall be made to the individual whose name is on
the account at the time of the refund.
C. Use of deposit for payment of bill Upon discontinuation of service,
the deposit will be applied by the town toward settlement of the
account.
D. Homeowner customers The deposit may be waived for the prima-
ry residence of a new homeowner customer with favorable credit
references from three utility companies who serve or previously
served the customer. Upon customer request, the deposit will be
credited to the account after one year of no delinquency.
14 -3 -3 Grounds for refusal of service
A. The town may refuse to establish utility service if any of the follow-
ing conditions exist:
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1. The applicant has an outstanding amount due for utility service
with the town, and the applicant does not bring current any out-
standing bills.
2. A condition exists which in the town's judgment is unsafe or
hazardous to the applicant, a resident of the town or the town's
personnel or facilities.
3. Refusal by the applicant to provide the town with a utility depo-
sit.
4. Failure of customer to furnish such funds, service, equipment
or rights -of -way necessary to serve the customer and which
has been specified by the town as a condition for providing utili-
ty service.
5. Applicant provides false information for the purpose of obtain-
ing service.
14 -3-4 Service lines, valves and water meters
A. An applicant for utility service shall be responsible for the cost of
installing all customer piping up to the water meter and /or dis-
charge point for the sewer connection.
B. Where water service is being provided for the first time or to a new
customer, the customer shall provide and maintain a private cutoff
valve within eighteen inches of the meter on the customer's side
of the meter.
C. The town will install its water meter at the property line or in the
public right -of -way.
D. Where the meter or service line location is changed at the request
of the customer or due to alterations on the customer's premises,
the customer shall provide and have installed at his expense all
piping necessary for relocating the meter, and the town may
charge for moving the meter or service line.
E. The customer's lines or piping must be installed in a way that pre-
vents cross- connection or backflow.
14 -3 -5 Easements and rights of -way
A. Each town utility customer shall grant adequate easements or
rights -of -way satisfactory to the town to ensure that customer ser-
vice connections are accessible by the town.
B. The customer's failure to grant adequate easements or rights -of-
way shall be grounds for the town to refuse utility service.
C. When the town discovers that a customer is performing work or
has constructed facilities adjacent to or within an easement or
right -of -way and the work, construction or facility poses a hazard
or is in violation of federal, state or town laws, ordinances, sta-
tutes, rules or regulations, or may significantly interfere with the
town's access to its utility facilities or equipment, the town shall
notify the customer and shall take whatever actions are necessary
to eliminate the hazard, obstruction or violation at the customer's
expense.
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CHAPTER 14-4. CONSTRUCTION AND FINANCING OF UTILITY
FACILITIES
14-4 -1 Agreements to construct new facilities
A. Approval of agreements to construct new facilities The council
may permit the construction of facilities to provide utility service in
areas where no water or sewer service is available, or where ex-
isting water or sewer facilities are inadequate.
1. Agreements for construction of utility facilities shall provide that
all costs be at the sole expense of the applicant for service, ex-
cept as otherwise noted in the agreement.
2. Costs shall include, but not be limited to, engineering and de-
sign fees, materials, labor, applicable taxes, permits and in-
spection fees.
3. Facilities shall include, but are not limited to, the following with-
in an applicant's proposed development as well as outside the
development if the facilities are deemed necessary or desirable
in the sole opinion of the town to serve the new development:
a. Wells, pumps, storage tanks and reservoirs, mains, valves,
meters and other appurtenances to the water system
b. Customer connections, collection system, lift stations,
treatment facilities, and other appurtenances to the sewer
system.
4. All agreements for the construction of utility facilities shall be
subject to the final approval of the council.
5. No agreement for the construction of utility facilities shall be
submitted for approval by the council unless the engineering
plans have been approved by the town engineer and the utili-
ties director.
14-4 -2 Construction other than by town
A. Construction The council, at its sole discretion and option, may
permit construction of water and /or sewer facilities by private con-
tract. The facilities shall be constructed at the sole expense and
cost of the applicant within public streets, alleys, rights -of -way
and /or easements.
B. Approval of construction plans and inspections Plans for con-
struction of facilities to be constructed other than by the town shall
be provided by applicant, certified by a registered professional en-
gineer and approved by the town engineer and the town utilities
director. The construction of facilities authorized and approved by
the council shall be inspected by the town engineer and shall
comply in every respect with the engineering, construction, ma-
terial and installation standards of the town.
C. Construction agreement With each application for a permit for the
construction of facilities authorized by this section, the applicant
shall execute and deliver to the town utilities director the agree-
ment for construction of utility facilities by private contract. If the
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ISIMEMEM
agreement conforms to the provisions of this title, the town utilities
director may submit the agreement for approval to the council.
14 -4 -3 Capacity requirements
A. Water or wastewater system capacity requirements The town
utilities director may require an applicant to install "on- site" or
"off- site" water and /or wastewater facilities of a size greater than is
required to provide service to applicant's development. This re-
quirement to install oversized facilities is referred to as oversizing.
B. Refunds Refunds of the cost of oversizing shall be solely by
agreement approved by the council. If infrastructure is installed
pursuant to this section so as to provide service to a property not
participating in the construction cost (a "non- participating proper-
ty"), the town may enter into an agreement for partial refund of the
cost of the infrastructure, subject to the following:
1. In no case will the agreed refunded amount exceed the total
funds to be collected as oversizing charges pursuant to this
section.
2. Refunds shall continue for a term set forth in the agreement,
and any balances remaining unpaid upon termination shall be
canceled, and the town shall be fully discharged from any fur-
ther obligation under the agreement.
3. No interest shall accrue on any costs advanced by an applicant
which are agreed to be refunded by the town.
C. Oversizing recovery charge The council may, at its sole option,
establish an ` oversizing recovery charge" to be charged proportio-
nately to each subsequent connection by non - participating proper-
ty owners made to or benefiting from the oversizing.
CHAPTER 14 -5. PROVISION OF UTILITY SERVICE
14 -5 -1 Customer responsibility
A. Each town utility customer shall be responsible for the following:
1. Maintaining all facilities on the customer's side of the point of
connection in a safe and efficient manner and in accordance
with all applicable federal, state, and local rules and regula-
tions. The point of connection is the meter for water service and
is where the house sewer connects to the sewer collection sys-
tem for sewer service.
2. Safeguarding all town utility property installed in or on the cus-
tomer's premises for the purpose of providing utility service to
that customer.
3. Exercising all reasonable care to prevent loss or damage to
town utility property, excluding ordinary wear and tear. The cus-
tomer shall be responsible for loss of or damage to town utility
property on the customer's premises arising from neglect, care-
lessness or misuse and shall reimburse the town for the cost of
necessary repairs or replacements.
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4. Payment of any equipment damage resulting from unautho-
rized breaking of seals, tampering or bypassing the town water
meter.
5. Notifying the town of any town utility equipment failure.
6. Paying all utility rates, charges and fees when due.
B. Special provisions relating to water service.
1. Water furnished by the town shall be used only on the custom-
er's premises and shall not be resold to any other person.
2. During critical water conditions, as determined by the council,
the customer shall use water only for those purposes specified
by the council.
3. Disregard for this provision shall be sufficient cause for refusal
or discontinuance of water utility service by the town.
C. Special provisions relating to sewer service.
1. Sewer service provided by the town shall be only for the benefit
of the customer's premises and shall not be extended to any
other property.
2. Nothing shall be discharged into the sewer collection system
which is prohibited by law, may lead to a sanitary sewerage
overflow, or adversely affects the operation or maintenance of
the collection system. This prohibition includes but is not limited
to oil, grease, and flammable material.
3. Disregard for this provision shall be sufficient cause for refusal
or discontinuance of sewer service by the town.
D. Each customer shall provide the town and its employees and
agents the right of safe ingress and egress to the customer's pre-
mises for any purpose reasonably related to the town's provision
of utility service to the premises.
14 -5 -2 Payment of bills
Utility rates, charges or fees are due and payable to the town upon bill-
ing. Any rates, charges or fees not paid in full by the next billing date
are subject to a late charge, in addition to the balance due, in an
amount established by a fee schedule adopted by the council and
amended from time to time.
14 -5 -3 Grounds for termination of service
A. Utility service to a customer may be terminated by the town upon
ten days advance written notice for any of the following reasons:
1. Customer violation of any of the provisions of this title;
2. Failure of the customer to meet or maintain the utility depart-
ment's credit and deposit requirements;
3. Failure of the customer to provide the town reasonable access
to its utility equipment and property;
4. Failure of a customer to pay a delinquent bill for utility service.
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14 -5 -4 Nonpayment of delinquent bill; filing of lien; interest
A. If any bill for a utility rate, charge or fee made to the customer pur-
suant to this title is not paid by the next billing date, the customer
shall be given written notice specifying that the bill is delinquent
and outlining the procedure by which the customer may challenge
the accuracy of the bill. If a delinquent bill is not paid and no chal-
lenge has been made to the accuracy of the bill after the notice of
delinquency, the water supply will, without further notice, be
turned off, and not turned on until all sums due are paid in full, to-
gether with a charge for reconnection after delinquency as pro-
vided in chapter 14 -6.
B. Pursuant to A.R.S. § 9- 511.02, the town may file a lien on the
property for unpaid fees that are at least 90 days delinquent. The
town may enforce the lien by any method permitted by law. Unpa-
id fees shall accrue interest at the rate provided by A.R.S.
§ 44 -1201.
14 -5 -5 Reconnection of service
In no case shall any individual or plumber turn on the water supply to
any building or any supply pipe where the supply has been turned off
for the nonpayment of the monthly water bill or for the violation of any
provision of this title. All water that has been turned off by the town wa-
ter utility shall only be turned on again by the employees or agents of
the town water utility.
14 -5 -6 Challenge of accuracy of utility bill
A. The procedure by which a customer may challenge the accuracy
of a utility bill and the determination of the validity of the challenge
shall be as follows:
1. The customer shall notify the town, in writing, of the challenge
of the accuracy of the bill and the reasons for it. If the customer
has received a notice of delinquency, the challenge shall be
filed within ten days of the date of the notice of delinquency.
2. The customer may request that the water meter be re -read or
tested, provided the customer pays the meter re -read charge or
the meter test charge in advance in the amount established by
a fee established by the schedule adopted by the council and
amended from time to time. A request for meter re -read or me-
ter test, paid for by the customer, shall constitute a challenge to
the accuracy of the bill.
3. The town shall send the customer a corrected bill and refund
the cost of the meter re -read or meter test if the bill is found to
be in error either because the meter was misread or because a
meter test shows that the meter over - calculated the volume by
more than 3 %. Customer shall have 20 days to pay the cor-
rected bill.
4. The utilities director is authorized to negotiate a mediation
process mutually acceptable to the utilities director and the cus-
tomer. The customer shall deposit the full estimated cost of the
mediation process with the utilities department. The mediation
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'r� Pt`fPf 1'r
shall make a final determination of the validity of the customer's
challenge and whether the town should be required to pay all or
a portion of the cost of the mediation process.
5. The customer's utility service shall not be terminated during the
mediation process.
14 -5 -7 Deposit requirement after termination
If utility service is terminated due to nonpayment of a delinquent bill,
the town shall require payment in full of all amounts due and owing
and payment of a utility deposit as a condition of reestablishing ser-
vice.
14 -5 -8 Termination without notice
A. Utility service may be terminated by the town without advance
written notice under the following conditions:
1. Existence of an obvious hazard to the safety or health of the
customer or the general population;
2. Evidence of water meter tampering or fraud;
3. Evidence of unauthorized resale of water or utility services;
4. A customer's failure to comply with the curtailment procedures
imposed by the council during water supply shortages.
14 -5 -9 Service obligations of town
A. Level of service The town shall make reasonable efforts to pro-
vide quality, continuous service to its customers.
B. Non - liability The town shall not be responsible for any damage at-
tributable to any interruption or discontinuation of service resulting
from any of the following:
1. Any cause against which the town could not have reasonably
foreseen or made provision for, such as but not limited to any
condition or event not reasonably within the control of the town,
including without limitation, acts of public enemies, insurrection,
civil disturbances, riots, epidemics, landslides, lightning, earth-
quakes, subsidence, fires, storms, droughts, and floods.
2. Intentional service interruptions to make repairs or perform rou-
tine maintenance.
3. Curtailment procedures imposed by the council during water
supply shortages.
C. Service interruptions The town shall make reasonable efforts to
reestablish service within the shortest possible time when service
interruptions occur.
1. If there is a national emergency or local disaster resulting in
disruption of normal service, the town may, in the public inter-
est, interrupt service to provide necessary service to civil de-
fense, fire protection or other emergency service agencies on a
temporary basis until normal service can be restored.
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2. When the town plans to interrupt service for more than four
hours to perform necessary repairs or maintenance, the town
shall attempt to inform affected customers at least 24 hours in
advance of the scheduled day and the estimated duration of
the service interruption.
3. Notice to customers shall not be required if there is an emer-
gency or an outage due to unanticipated events or causes.
D. Minimum water delivery pressure The town shall maintain a min-
imum standard water delivery pressure of 20 pounds per square
inch at the customer's meter or point of delivery, except during
water outages.
E. Construction standards The town shall construct all facilities in
accordance with all applicable federal, state and local laws and
regulations.
14 -5 -10 Meter reading; measurement of service
A. Each customer's water meter shall be read monthly on as close to
the same day as practical.
B. All utility service provided by the utilities department shall be
billed:
1. On the basis of metered water volume, or
2. Based on historic usage when a meter has malfunctioned or
cannot be read for reasons beyond the town's control. Each bill
based on estimated usage will indicate that it is an estimated
bill.
14 -5 -11 Billing and collection
A. Minimum bill information Each bill for utility service will contain the
following minimum information:
1. Bill date.
2. Date and meter reading at the start of the billing period.
3. Previous month's meter reading.
4. Water volume used during the billing period.
5. Utility department's email address and telephone number.
6. Customer's name and address.
7. Service account number and service address.
8. Amount due and due date.
9. Past due amount.
10. Other applicable charges and taxes.
CHAPTER 14 -6. RATES AND CHARGES
14 -6 -1 Monthly charges
A. Customers shall be charged for utility services monthly, at rates
designed to recover the cost to secure, develop and deliver utility
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i
services, and all capital, operational and maintenance costs asso-
ciated with or attributable to providing utility services, plus appli-
cable state and local taxes.
B. Service fees shall be established by a fee schedule adopted by
the council and amended from time to time.
14 -6 -2 Installation charges
A. There shall be an installation charge for all utility service connec-
tions, established by a fee schedule adopted by the council and
amended from time to time.
B. All applicable permit fees, right -of -way costs or unusual construc-
tion costs shall be paid for by the applicant at the time of applica-
tion.
C. Installation charges assume availability of an existing water main
contiguous to the applicant's property. If a main extension is re-
quired, applicant shall pay all costs for the main extension, which
costs shall be non - refundable.
D. In addition to the adopted installation fee, the applicant shall pay
all actual costs of installation incurred due to unusual site condi-
tions, such as pavement cutting, excessive length, rocky ground,
or any other additional cost inflating factors.
E. Installation of meters larger than two inches typically require addi-
tional labor and equipment not covered by the base fee. These ex-
tra actual costs shall be charged to the customer.
F. Meters larger than two inches may be installed by the customer's
contractor if the work meets town standards and the contractor
furnishes proof of its contractor's license and town business li-
cense. All final inspections and approvals shall be made by Mara -
na utility personnel.
14 -6 -3 Other service charges
The following service charges are established, the amounts of which
are set forth in a fee schedule adopted by the council and amended
from time to time.
A. After -hours new service establishment fee An after -hours new
service establishment fee shall be charged for the cost of estab-
lishing the new customer service account after hours, on week-
ends or on holidays. The amount of the fee shalt be the actual la-
bor and material costs incurred by the utilities department to con-
nect the new service.
B. After -hours reconnect fee An after -hours reconnect fee shall be
charged for the cost of reconnecting service after hours, on week-
ends or on holidays.
C. Backflow permit fee A backflow permit fee is charged to incorpo-
rate information concerning a new backflow device into the utility
department's database, to track annual device testing.
D. Backflow permit replacement fee A backflow permit replacement
fee is charged when a device fails and must be replaced rather
than repaired.
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E. Customer - requested meter re -read fee A customer requested
meter re -read fee shall be charged each time a customer requests
that its meter be re -read. This fee shall be refunded if the meter is
found not to be reading accurately, defined as an error of greater
than 3 %.
F. Customer - requested meter test fee A customer - requested meter
test fee shall be charged each time a customer requests that its
meter be tested. This fee shall be refunded to the customer if the
meter is found not to be reading accurately, defined as an error of
greater than 3 %.
G. Delinquency If there is a delinquent balance due, the delinquent
balance must be paid in full before service is reconnected.
H. Hydrant meter relocation fee The hydrant meter relocation fee is
charged each time a hydrant meter is relocated.
I. Hydrant meter setup fee The hydrant meter setup fee is the fee
assessed on all hydrant meter installations. This fee is in addition
to the security deposit.
J. Late payment fee A late payment fee shall be added to a custom-
er's water bill if any water rates, charges or fees are not paid in full
by the next billing date.
K. New service establishment fee The new service establishment
fee is for the cost of establishing the new customer service ac-
count during normal working hours, and requires 24 hours notice.
No service connections will be made after hours, weekends or hol-
idays except in an emergency situation as determined by the utili-
ties department.
L. Reconnect fee The reconnect fee shall be for the cost of reestab-
lishing service after it has been terminated for any reason and re-
quires 24 hours notice.
M. Returned check fee A returned check fee shall be added to a cus-
tomer's bill if the check for payment is returned unpaid due to in-
sufficient funds, closed account or stop payment. An additional fee
calculated at 25% of the total outstanding balance shall be added
to any bill sent to outside collections for payment.
N. Standpipe card replacement fee The standpipe card replacement
fee is the fee to replace a standpipe card.
O. Standpipe setup fee The standpipe setup fee is a new service fee
for a standpipe account.
P. Vacation service fee A vacation service fee shall be the fee
charged for one disconnect when the customer leaves on vacation
and one reconnect when the customer returns.
Q. Water modeling fee A water modeling fee is charged to cover the
town's cost to update the water distribution and operation model to
account for a development's potable water and fire flow demands.
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CHAPTER 14 -7. EMERGENCY WATER CONSERVATION
RESPONSE
14 -7 -1 Declaration of policy
It is hereby declared that because of varying conditions related to wa-
ter resource supply and distribution system capabilities operated by
the town, it is necessary to establish and enforce methods and proce-
dures to ensure that in time of emergency shortage of the local water
supply, (1) the water resources available to the customers of the water
system are put to the maximum beneficial use, (2) the unreasonable
use, or unreasonable method of use is prevented, and (3) the conser-
vation of water is accomplished in the interests of the customers of the
town water utility, customers of other water utilities located within the
town and for the public health, safety, and welfare of the residents of
the town.
14 -7 -2 Definitions
A. In this chapter, unless the context otherwise requires:
1. "Economic hardship" means a threat to an individual's or busi-
ness' primary source of income.
2. "Notification to the public" means notification through local me-
dia, including interviews, and issuance of news releases.
3. "Outdoor watering day" means a specific day, as described in a
specific outdoor watering plan, during which irrigation with
sprinkler systems or otherwise may take place.
14 -7 -3 Application
A. This chapter applies to all municipal and industrial water utility
customers who own, occupy, or control water used on any pre-
mises as defined in this chapter. This chapter shall not apply to
any agricultural use of water furnished by an irrigation district.
B. No person shall make, cause, use, or permit the use of water re-
ceived from the town water utility or any other municipally owned
or privately owned water utility providing water service within the
town for residential, commercial, industrial, governmental or any
other purpose in any manner contrary to any provision in this
chapter.
C. Mandatory emergency conservation measures shall be imple-
mented based upon the declaration of an emergency pursuant to
section 14 -7-4.
14 -7-4 Declaration of water emergency authorized
The council, or in the absence of a quorum, the mayor or the vice
mayor, upon the recommendation of the town manager, is hereby au-
thorized to declare a water emergency and to implement mandatory
conservation measures as set forth in this chapter.
14 -7 -5 Implementation; termination
A. The town manager shall develop guidelines which set forth gener-
al criteria to assist the council, or in the absence of a quorum the
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{00023695.DOC131
mayor or the vice mayor, in determining when to declare a water
emergency. Upon declaration of a water emergency, the town
manager shall report in writing to the council providing the reasons
for and expected duration of the emergency and describing im-
plementation of emergency water conservation measures.
B. A water emergency may be declared for a specific water utility
system, such as, but not limited to, the town water utility system,
the city of Tucson water utility system located within the town, or
any other public or private water utility system located within the
town, which is unable to provide adequate quantities, qualities or
pressure of water delivery in compliance with Arizona department
of environmental quality standards or regulations, or fire flow re-
quirements, and which constitutes a danger to the public health,
safety and welfare of the residents of that water utility system.
C. The declaration of a water emergency shall be specific to the wa-
ter utility system which is unable to provide adequate quantities,
qualities or pressure of water delivery in compliance with Arizona
department of environmental quality standards or regulations, or
fire flow requirements, and to the water customers of that water
utility system.
D. The owner or operator of a water utility system located within the
town boundaries may request, in writing, that the town declare a
water emergency pursuant to this chapter for its water utility sys-
tem, setting forth the reasons and justification for it.
E. The water emergency shall be declared terminated when the con-
dition or conditions giving rise to the water emergency end. The
declaration terminating the emergency shall be adopted by the
agency with jurisdiction over the emergency, or if none, upon ma-
jority vote of the council, or in the absence of a quorum, the mayor
or the vice mayor. Upon termination, the mandatory conservation
measures shall no longer be in effect.
14 -7 -6 Mandatory emergency water conservation measures
A. Upon declaration of a water emergency and notification to the The Marana Drought Preparedness Plan
public, the mandatory restrictions upon nonessential users set adopted by Marana Resolution No. 2007 -177
forth in the adopted drought preparedness plan and /or the follow- can be found here (inert link]
ing restrictions shall be enforced as to the customers of the water
utility system for which the water emergency was declared.
1. All outdoor irrigation is prohibited, except for irrigation water
provided by an irrigation district for agricultural use. If the town
manager deems it appropriate, a schedule designating certain
outdoor watering days may be implemented in place of the irri-
gation ban.
2. Washing of sidewalks, driveways, parking areas, tennis courts,
patios, or other paved areas with water, except to alleviate im-
mediate health or safety hazards, is prohibited.
3. The outdoor use of any water -based play apparatus is prohi-
bited.
4. The operation of outdoor misting systems used to cool public
areas is prohibited.
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5. The filling of swimming pools, fountains, spas, or other related
exterior water features is prohibited.
6. The washing of automobiles, trucks trailers and other types of
mobile equipment is prohibited, except at facilities equipped
with wash water recirculation systems, and for vehicles requir-
ing frequent washing to protect public health, safety and wel-
fare.
14 -7 -7 Variance
The town manager, or the town manager's designee, is authorized to
review hardship cases and special cases within which strict application
of this chapter would result in serious hardship to a customer. A va-
riance may be granted only for the reasons involving health, safety, or
economic hardship. Application for a variance from requirements of
this chapter must be made on a form provided by the town manager.
14 -7 -8 Violation A Consider combining this with a general "viola -
A. If there is any violation of this chapter, the water utility for which tions" section of this title or of the town code
the emergency was declared shall:
1. Place a written notice of violation on the property where the vi-
olation occurred; and
2. Mail a duplicate notice to:
a. The person who is regularly billed for the service where the
violation occurred; and
b. Any person responsible for the violation, if known to the
town or the water utility.
B. The notice of violation shall:
1. Order that the violation be corrected, ceased, or abated within
a specified time the town or water utility determines is reasona-
ble under the circumstances, and
2. Contain a description of the fees and penalties associated with
the violation.
C. The town or the water utility may disconnect the service where the
violation occurred for failure to comply with the order set forth in
the notice of violation.
D. Nothing in this section shall conflict with the rules and regulation
and approved tariffs of the Arizona corporation commission as
they may apply to public service corporations furnishing water
service within the town.
14 -7 -9 Enforcement
The provisions of this chapter shall be enforced by employees of the
water utility that serves the property where the violation occurred.
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CHAPTER 14 -8. BACKFLOW PREVENTION AND CROSS -
CONNECTION CONTROL
14 -8 -1 Purposes
A. To protect the public potable water supply from the possibility of
contamination or pollution.
B. To promote the elimination and control of actual or potential cus-
tomer cross - connections.
C. To provide for a continuing program of cross - connection control.
14 -8 -2 Backflow prevention required
A. An approved backflow prevention method or device shall be uti-
lized or installed at every water system service connection and
usage point when required by applicable state and federal regula-
tions.
B. The town shall determine the backflow prevention method based
on the degree of hazard.
14 -8 -3 Definitions
A. Contamination An impairment of the quality of the water which
creates an actual hazard to the public health through poisoning or
through the spread of disease by sewage, industrial fluids, waste,
etc.
B. Cross - connection Any unprotected actual or potential connection
or structural arrangement between a public or a consumer's pota-
ble water system and any other source or system through which it
is possible to introduce into any part of the potable system any
used water, industrial fluid, gas, or substance other than the in-
tended potable water with which the system is supplied. Bypass
arrangements, jumper connections, removable sections, swivel or
change -over devices and other temporary or permanent devices
through which or because of which backflow can occur are consi-
dered to be cross - connections.
1. Direct cross - connection A cross - connection which is subject to
both backsiphonage and backpressure.
2. Indirect cross - connection A cross - connection which is subject
to backsiphonage only.
C. Degree of hazard Either a pollutional (non - health) or contamina-
tion (health) hazard, derived from the evaluation of conditions
within a system.
D. Hazard An actual or potential threat which could damage public
water utility infrastructure or negatively affect potable water quali-
ty.
1. Plumbing hazard An internal or plumbing type cross -
connection in a consumer's potable water system that may be
either a pollutional or a contamination type hazard. Plumbing
type cross - connections can be located in many types of struc-
tures including homes, apartment houses, hotels and commer-
cial or industrial establishments. Such a connection, if permit -
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.adb 84
ted to exist, must be properly protected by an appropriate type
of backflow prevention assembly.
2. System hazard An actual or potential threat of severe danger
to the physical properties of the public or the consumer's pota-
ble water system or of a pollution or contamination which would
have a protracted effect on the quality of the potable water in
the system.
E. Pollution An impairment of the quality of the water to a degree
which does not create a hazard to the public health but which
does adversely and unreasonably affect the esthetic qualities of
such waters for domestic use.
14 -8-4 Backflow prevention methods or devices
A. A backflow prevention method or device is any assembly or other
means that prevents backflow. The following are recognized back-
flow prevention methods the town may require under section 14 -8-
2 or 14 -8 -5.
1. Air gap A physical separation between the free flowing dis-
charge end of a potable water supply pipeline and an open or
non - pressure receiving vessel. An approved air gap shall be at
least double the diameter of the supply pipe measured vertical-
ly above the overflow rim of the vessel, and in no case less
than one inch.
2. Reduced pressure principle assembly ( "RPA ") An assembly
containing two independently acting approved check valves to-
gether with a hydraulically operating, mechanically independent
pressure differential relief valve located between the check
valves and at the same time below the first check valve. The
unit shall include properly located resilient seated test cocks
and tightly closing resilient seated shut off valves at each end
of the assembly.
3. Double check valve assembly VDCVA' ) An assembly com-
posed of two independently acting, approved check valves, in-
cluding tightly closing resilient seated shutoff valves attached at
each end of the assembly and fitted with properly located resi-
lient seated test cocks. This assembly shall only be used to
protect against a non - health hazard (i.e., pollutant).
4. Double check- detector assembly ( "DCDA ") A specially de-
signed assembly composed of a line -size approved double
check valve assembly with a bypass containing a specific water
meter and an approved double check valve assembly. The me-
ter shall register accurately for only very low rates of flow up to
three gallons per minute and shall show a registration for all
rates of flow. This assembly shall only be used to protect
against a non - health hazard (i.e., pollutant). The DCDA is pri-
marily used on fire sprinkler systems.
5. Pressure vacuum breaker assembly (" PVB' ) An assembly con -
taining an independently operating internally loaded check
valve and an independently operating loaded air inlet valve lo-
cated on the discharge side of the check valve. The assembly
4VA l bLk 2011 - Page 25 of 142 17 612412011
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T
P s
shall be equipped with properly located resilient seated test
cocks and tightly closing resilient seated shutoff valves at-
tached at each end of the assembly. This assembly is designed
to protect against a non - health hazard (i.e., pollutant) or a
health hazard (i.e., contaminant) under a backsiphonage condi-
tion only.
B. The utilities director may approve a backflow prevention method
not listed above if it has received the approval of the foundation
for cross - connection control and hydraulic research of the Univer-
sity of Southern California.
14 -8 -5 Backflow prevention methods required
A. The activities listed below require an RPA at each service connec-
tion to the potable water system:
1. Cooling tower, boiler, condenser, chiller, or other cooling sys-
tem
2. Tank, water vessel, water receptacle, and any other water con -
nection without an approved air gap, including a mobile unit
(except emergency vehicles and private swimming pools)
3. Commercial ice maker
4. Water cooled equipment, booster, pump or autoclave
5. Commercial or industrial water treatment facility or water
processing equipment
6. Commercial or industrial washer for bottles, bedpans, garbage
cans, and the like
7. Commercial or industrial pesticide, herbicide, fertilizer, or
chemical applicator
8. Aspirator
9. Commercial dishwasher, food processing or preparation
equipment, carbonation equipment, or other food service
process
10. Decorative fountain, baptismal, or similar feature where water
is exposed to the air (except at a private residence)
11. X ray equipment, plating equipment, or photographic
processing equipment
12. Auxiliary water supply or connection to a water supply system
other than the town potable water system
13. Recreational vehicle sewer dump station or any other location
where potable water may be exposed to bacteria, viruses, or
gas
14. Any premises where chemicals, oils, solvents, pesticides, disin-
fectants, cleaning agents, acids or other pollutants and /or con-
taminants may come in direct contact with potable water (other
than normal, infrequent residential applications)
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15. Any material or piping system not approved by the uniform
plumbing code or the environmental protection agency for pot-
able water usage
16. Any premises with a cross - connection that requires internal
backflow protection under the uniform plumbing code
17. Any on -site water system served by more than one meter
18. Any structure having any portion of the water distribution sys-
tem located 34 feet or more above, or three or more stories
above, where the potable water supply enters the structure
19. Any fire system falling within American water works association
classes 3 through 6
B. The activities listed below require the following specified method
or methods of backflow prevention at each service connection to
the potable water system.
1. Separately metered or unprotected irrigation systems and con-
struction water services: RPA or PVB.
2. Unless exempted by an applicable fire code, any fire system
falling within American water works association classes 1 and 2
or constructed of a piping material not approved for potable wa-
ter pursuant to the UPC as adopted by the town: DCVA or
DDCVA
3. Where backflow protection is required on premises containing
both industrial and domestic service, backflow protection shall
be provided on the fire service connection for the highest de-
gree of hazard affecting either system.
C. When two or more of the activities listed above are conducted on
the same premises and serviced by the same service connection
or multiple service connections, the most restrictive backflow pre-
vention method required for any of the activities conducted on the
premises shall be required at each service connection. The order
of most restrictive to least restrictive backflow prevention methods
shall be as follows:
1. Air gap
2. RPA
3. DCVA
4. PVB
14 -8 -6 Backflow assembly installation requirements
A. Each backflow prevention assembly shall have a diameter at least
equal to the diameter of the service connection.
B. Each backflow prevention assembly shall be in an accessible lo-
cation approved by the utilities department.
C. Each RPA, PVB, and DCVA backflow prevention assembly shall
be installed at least 12 inches above ground.
D. When a continuous water supply is required, two parallel backflow
prevention assemblies shall be installed at the service connection
@#Asjc VI t 2011 - Page 27 of 142 19 612412011
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IMEMMEMED
to avoid interruption of water supply during backflow prevention
assembly testing.
E. No person shall alter, modify, bypass or remove a backflow pre-
vention assembly or method without the approval of the utilities
department.
14 -8 -7 Installation of backflow prevention assemblies for fire
systems
In addition to the requirements of section 14 -8 -5, the following shall
also apply:
A. Fire protection systems consist of sprinklers, hose connections,
and hydrants. Sprinkler systems may be dry or wet, open or
closed. Systems of fixed -spray nozzles may be used indoors or
outdoors for protection of flammable - liquid and other hazardous
processes. It is standard practice, especially in towns, to equip au-
tomatic sprinkler systems with fire department pumper connec-
tions.
B. A meter (compound, detector check) should not normally be per-
mitted as part of a backflow prevention assembly. An exception
may be made, however, if the meter and backflow prevention as-
sembly are specifically designed for that purpose.
C. For cross - connection control, fire protection systems shall be
classified on the basis of water source and arrangement of sup-
plies as follows:
1. Class 1 : direct connections from public water mains only; no
pumps, tanks, or reservoirs; no physical connection from other
water supplies; no antifreeze or other additives of any kind; all
sprinkler drains discharging to atmosphere, dry wells, or other
safe outlets.
2. Class 2 : same as class 1, except that booster pumps may be
installed in the connections from the street mains. Booster
pumps do not affect the potability of the system; it is necessary,
however, to avoid drafting so much water that pressure in the
water main is reduced below 20 psi.
3. Class 3 : direct connection from public water supply main plus
one or more of the following: elevated storage tanks; fire
pumps taking suction from above - ground covered reservoirs or
tanks; and pressure tanks (all storage facilities are filled or
connected to public water only, the water in the tanks to be
maintained in a potable condition.) Otherwise, class 3 systems
are the same as class 1 systems. Class 3 systems will general-
ly require minimum protection (approved double check valves)
to prevent stagnant waters from backflowing into the public
potable water system.
4. Class 4 : directly supplied from public mains similar to classes 1
and 2, and with the auxiliary water supply on or available to the
premises; or an auxiliary supply may be located within 1,700
feet of the pumper connection. Class 4 systems will normally
require backflow protection at the service connection. The type
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(air gap or RPA) will generally depend on the quality of the aux-
iliary supply.
5. Class 5 : directly supplied from public mains, and intercon-
nected with auxiliary supplies, such as pumps taking suction
from reservoirs exposed to contamination, or rivers and ponds;
driven wells, mills or other industrial water systems; or where
antifreeze or other additives are used. Class 4 and 5 systems
normally would need maximum protection (air gap or RPA) to
protect the public potable water system.
6. Class 6 : combined industrial and fire protection systems sup-
plied from the public water mains only, with or without gravity
storage or pump suction tanks. Class 6 system protection
would depend on the requirements of both industry and fire
protection, and could only be determined by a survey of the
premises.
D. When a backflow prevention assembly is required for a water ser-
vice connection supplying water only to a fire system, the assem-
bly shall be installed on the service line in compliance with stan-
dard specifications adopted by the town. (Installation of DCVAs or
DDCVAs in a vertical position on the riser may be allowed on fire
systems with the approval of the utilities director.)
14 -8 -8 Inspections
A customer's water system shall be available at all times during busi-
ness operations for premises inspection by the utilities department.
The inspection shall be conducted to determine whether any cross -
connection or other hazard potentials exist and to determine com-
pliance with this chapter.
14 -8 -9 Backflow permit required
A. Installation Unless included as a component of a building permit
for new construction, a separate backflow permit shall be obtained
from the utilities department for the installation of each backflow
prevention assembly required by this chapter, including a re-
placement assembly.
B. Notification The person performing work authorized by a backflow
permit shall notify the utilities department at least 24 hours before
the work is ready to be inspected.
C. Permit suspension or revocation The utilities department may
suspend or revoke a permit issued in error or in violation of any
applicable ordinance or regulation.
14 -8 -10 Test; maintenance; records
A. The customer shall test and service backflow prevention assem-
blies at least once a year. If the testing reveals that the assembly
is defective, the customer shall repair, replace, or overhaul the as-
sembly to satisfactory operating condition.
B. If the utilities department or a customer learns or discovers be-
tween tests that an assembly is defective, the customer shall re-
t,@#As COKAp9@bLk 2011 - Page 29 of 142 21 611412011
(00023695.DOC13)
pair, replace, or overhaul the assembly to satisfactory operating
condition.
C. The annual testing shall be performed by an individual certified by
an entity approved by the utilities department to test backflow pre-
vention assemblies. The utilities department will maintain and
make available upon request a list of individuals certified to test
backflow prevention assemblies.
D. The customer shall maintain records of all test results and all ser-
vicing, repairs, overhauls or replacements of the backflow preven-
tion assembly. The records shall be maintained on forms ap-
proved by the utilities department. A copy of the records shall be
promptly submitted to the utilities department after completion of
the activity for which the record is made.
E. Fire systems shall not be out of service for more than eight con-
secutive hours due to testing, maintenance, or repairs. The local
fire department shall be notified immediately of any changes in fire
service status.
14 -8 -11 Modification of backflow prevention requirements
The utilities department may modify the requirements of section 14 -8 -5
if both of the following apply:
A. Inspection of the customer's system indicates that a backflow pre-
vention method less restrictive than required in section 14 -8 -5 will
provide adequate protection of the public potable water supply
from the degree of hazard potential by the customer's water sys-
tem.
B. The less restrictive method is supported by industry best man-
agement practices.
14 -8 -12 Discontinuance of water service
A. If a required backflow prevention method is not installed or has
been bypassed or removed, or an unprotected cross - connection
exists in the customer's water system, the water service to that
service connection shall be disconnected. The utilities department
shall take reasonable steps to notify the customer before, and if
unable to do so, after the disconnection. The service shall not be
restored until the condition is corrected.
B. If a required backflow prevention method is not properly tested or
maintained, the utilities department shall issue a notice to the cus-
tomer requiring the condition to be corrected within the time speci-
fied in the notice, which shall be not less than seven days. If not
corrected within the time specified in the notice, water service
shall be disconnected. The service shall not be restored until the
condition is corrected.
C. Water service to a fire sprinkler system shall not be disconnected
unless a cross - connection exists and presents an imminent threat
to the public potable water supply.
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14 -8 -13 Fees
The fee for any permit required pursuant to the terms of this chapter
shall be established by a fee schedule adopted by the council and
amended from time to time.
14 -8 -14 Violation
It shall be a civil offense, punishable by a $250 fine, for any person to
violate any of the requirements of this chapter. Each day a violation
continues shall be considered a separate offense.
CHAPTER 14 -9. VIOLATIONS
14 -9 -1 Unauthorized installation and repair prohibited
Town utilities shall be connected only by authorized town employees
or agents. It is unlawful for any person to connect to or repair any town
utility service.
14 -9 -2 Turning on water without authority prohibited
It is unlawful for any unauthorized person to connect to the town water
utility a water service that the utilities department has disconnected.
14 -9 -3 Excessive water flow or runoff prohibited
A. Watering or irrigating any lawn, landscape or other vegetated area
in a manner that causes or allows water to flow or runoff onto an
adjoining sidewalk, driveway, street, alley, gutter or ditch is prohi-
bited.
B. Overfilling of a swimming pool or spa so that overflow water is dis-
charged onto an adjoining sidewalk, driveway, street, alley, gutter
or ditch is prohibited.
14 -9-4 Interference, tampering with utility facilities
No person shall do any of the following without a permit from the utili-
ties department or in violation of permit conditions, except under the
fire department's direction during a fire:
A. Open or close any fire hydrant or valve connected to the town's
water system.
B. Lift or remove any valve, shutoff cover, or manhole lid.
C. Tap into the town water distribution system or wastewater collec-
tion system.
D. Otherwise remove water from the town water utility system.
E. Otherwise discharge into the town wastewater collection system.
14 -9 -5 Damaging or defacing facilities
It is unlawful for any person to destroy, deface, impair, damage, or
force open any gate, door, reservoir, building, storage tank, manhole,
treatment facility, pump station, fence, fixture, or other property apper-
taining to town utilities.
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14 -9 -6 Penalties
A. Any violation of this title shall be a civil offense punishable by a
fine of not more than $250. This shall be in addition to any other
available remedy. Each day a violation continues is a separate of-
fense.
B. Under appropriate circumstances a violation of this title may also
be prosecuted under the public health security and bioterrorism
preparedness and response act of 2002.
BAs CO b@; 2011 - Page 32 of 142 24 612412011
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Study SessQ� 33 of 142 25 6/74/2011
I TITLE 14.
CHAPTER 14 -1. GENERAL PROVISIONS
14-1 -1 Intent and purpose
I A. it is intent and purpose of the eaefteil by adopting this title -,.ja to promote the health,
safety, order and general welfare of the present and future of the town,
and specifically to:
I 1. Provide-fer safe and reliable water etility - service to the customers of the
town;
2. Provide for the financial integrity of the town ;
3. Prateet the heFkh s4ety and welf4re of the inhftbktknt9 4 the fff", 4. Manage the
water resources of the town to protect the eit i sting ifthftbitants yili customers of the town and to
facilitate the economic development of the town;
,,,D evelop water resources for the benefit of
customers of the town;
4. Provide for the expansion and improvement of the town's water utility nd wastewater
s ; and
- _ adequate prewisiert -e1=
water and wastewater system capacity
14 -1 -2 Definitions
A. In this title, unless the context otherwise requires:
1. "Applicant" means a person requesting the town to service.
2. "Application" means a request to the town for witter service ar se_-:......_.... if as
3. "Commodity charge" means the unit cost of billed usage as set forth in the wftterAdgpjQd
rates and charges.
4. "Contributions in aid of construction" means funds provided to the town -wftter-� by the
applicant under the terms of a ff� extension agreement or service connection agreement, —tom
5. "Customer" means the person or entity in whose name service is rendered, as evidenced by
the name on the application-or_�= contract for 4tat=- service, or by the reeeipt or pw1ment of
ntili h� regardless of the identity of the actual user of the waten
service. Customer includes the customer's went or contractor.
6. «
-7-. " Main
S: «
laeation where the water is traftspar�ed thraugh ft piping system to tefiftnts or aeeupftnts f5r their
individual . "Meter" means the instrument for measuring and indicating or
recording the volume of water that has passed through it.
449 >, tneans ft situmian where a meter hfts been Aeg"y PAtered. Gammon
•
4- «
4
Z. "Non- notable water" means water not suitable for human consum lion.
4- "Point of delivery" means the point where facilities owned, leased or under license by a
customer connect to the town water utility's pipes at the outlet side of the meter.
I 2, otable water" means water suitable for human consum ti m
4- 3:14,, "Premises" means all of the real property and apparatus employed by a single enterprise on
an integral parcel of land undivided by public streets, alleys or other rights -of -way or easements.
Study Session - August 9, 2011 - Page 34 of 142
1
I 44-IL "Service line" means a water line that transports water from a common source (normally a
distribution main) of supply to the customer's point of delivery.
11 "Wastewater facilities" means infrastrucWre used for the collection or treatment of
wastewater.
11 "Water facilities" means infrastructure used for the extraction_ storage or deliivery Qf otahle
water or non- notahle water but not for the dchveiy of wastewater or stormwater.
CHAPTER 14 -2. RESPONSIBILITIES
14-2 -1 Responsibilities of the council
A. Adoption of comprehensive master fans The council may adopt
comprehensive Y u W system development plan �qr the town system er any ptt" afmituja=
lam. Upon adoption of the plans the council shall
assure that no extension, improvement or addition to thea town -*fe" utility systeffi or fftemilities aver
shall be constructed or authorized sunless and ,n it the
extension, improvement or addition
to eanfi3rtn to the cUrIespoodi= comprehensive 311iLt� system
develap plan.
B. i J ili v construction standards. The council be empowered -
BeA; adopt and amend engineering design and construction standards for improvements to,
extensions of, additions to, and modifications of the tow 's u i i ies
C. Management of water qystefft by iftdepeadeftt eantraeter. The eattf164 ffifty, fft its sale
management eitperienee. NIFmikgetneftt fees ftre ta be paid by the town f�affi wftter tttihty re-venttes for
i ies o h operated as
ente rise funds. A separate fund is established by this tide ft sepFtratefor the town's water utility €aftd-
nd for the town's wastewater utiLjt . All funds paid to the town pursuant to provisions
of this title for, but not limited to, water service charges, fees, construction of facilities, fines and
penalties shall be deposited into the comes onding utility fund, and all expenditures made by
the town in relation to the town's ownership, operation, maintenance, repair, expansion, acquisition,
management, salaries, professional fees, debt service, bond payments and other costs and charges
shall be paid from the wftterQQrrQapQmjjL1g utility fund. The town council may make loans from the
general fund to the town aftter-utility fttpAjuada from time to time to supplement revenues generated
by the town to assure the timely payment of all obligations o`er -tai,
provided that the loans are timely repaid from the oc t�res�g utility fund to the general
fund together with iff terest. it is hereby- deelffred to be the empress pahey atid intefit of the town that
The town utilities shall he self - supporting wA4yaud funded solely
from revenues generated from utility operations. All fees and charges levied by the town in relation to
its shall be, to the degree practical, based on the cost of providing the service for
which a fee or charge is levied.
&9t: t�-F �dftss -Rf serAee ar type of serviee pr"vided thrattghout t4e water tttihty of the town.
ehetpter 14 A.
'4 4 ; P Water ttfilit
0
^ [''lTlreC [O
L
2T , the direetor
of the town water wili
14_2 J iliti s dir _ or
The town utilities dircau shall be responsible for the day to day management of the town wftter
ili i s including, but not limited to; , s uffieieney
of water supply, enfareement of di�s tide, re-Aew of all engineeri� plang, review of ftR ,
Study Session - August 9, 2011 - Page 35 of 142
2
,,
4 4-2 3
- Greatieft.
B .. The fitfietions, ptirposeq,
4.
,
-5
H
der;
empftftsiett of the water- tt6��
re la t ed
A Provision of safe and reliable service to town utilir , customers.
$ C with federal_ state_ and local ordinances and regulations.
C. ..
A whieh three members -4tA hftve aft 4fitial term of three yearg. Ther-eftfier ffieffibers
s h a h ; of - t...._.s of «L. ree yea Preearation of utiLi ; s� master plans.
D.
Sufficient, oy f the
town's water sunnh.
E. Gomtnittee reports.
t0wft ekf;rAdeduacv of the town's wastewater utility caha
F. ..
nsection and repair of the utiLit! systems
Cl Review of all en.,gineerin� nlaus and contracts.
LL Collection of all funds due the town's utilities.
I, Dcuk>j)ment of utilities elements of the town's capital improvement flan
.L 'r ° m r_sti and administration of annual but rets.
Study Session - August 9, 2011 - Page 36 of 142
3
I & Eafbrcemeut of this itl _
CHAPTER 14 -3. `P —TERL 1L1T1' SERVICE
14 -3 -1 Application for service
Water and /or wastewater utility service may only be provided pursuant to x Eery
application La the town
tppheatioft for- . _Before rovidi g service, the town shall
collect all installation and other charges required by this titl . Tlide to aR pipes, fittitigs and ather water
fawn -,ihft]4 have the right to eelleet the fttll amount ewed fer- water utility set- fieffi ftny efte of the
and all customer information deemed appropriate bj- the utilities
department
,
3 .. ,
4.
supplied with Wftfer wiliev
3-
Er indieatiati of whether p
,
,
9 .
14 -3 -2 Deposits
A. Requirement of deposit; amount. The town may require a deposit from an applicant for
service not to exceed twice the average monthly bill for the account or in the case of a new account,
twice the estimated monthly bill, or in the case of an account which has shown delinquency for three
consecutive months as a condition of providing water service. A separate deposit may be required for
each
te service connection
B in t er est e depasiQ ,si ; refund
rquests a discontinuance of service_ as long; as all hills are paid in full No interest shall be paid to
customers on deposits. 4 ke osit refunds shall be made to the individual in -whose name t4e-
et)14 ._ o ffiee is on the account ar the time of the refund.
C. Use of deposit for payment of bill. Upon discontinuation of service, the deposit will be
applied by the town toward settlement of the account.
D. Homeowner customers. Fo fiew ett4toffiers __ h ftre h fier-,..__ith three c oo ffier
C deposit may be waived for the nriman residence of a
new homeowner customer with favorable cradit credit references from thwe u ili n- companies who sen e or
previously served the customer, i lnon customer requ s , the deposit will be credited to fkei-r
account after one year of no delinajj
14 -3 -3 14erid
Grounds for refusal of service
I A. The town may refuse to establish -" utility service if any of the following conditions exist:
Study Session - August 9, 2011 - Page 37 of 142
4
I 1. The applicant has an outstanding amount due for wfttefut 4 , service with the town, and the
applicant does not bring current any outstanding bills;.
2. A condition exists which in the town's judgment is unsafe or hazardous to the applicant, a
resident of the town or the town's personnel or facilities,,
3. Refusal by the applicant to provide the town with wat utility deposit;.
4. Failure of customer to furnish such funds, service, equipment or rights -of -way necessary to
I serve the customer and which has been specified by the town as a condition for providing
utility service,,
5. Applicant provides false information for the purpose of obtaining service.
14 -3 Service l ings, valves and wa r m rs
A. An applicant for water utility service shall be responsible for the cost of installing all
customer piping up to the water meter and /or discharf;e point for the sewer connection.
B. Where water service is being provided for the first time or to a new customer, the customer
shall provide and maintain a private cutoff valve within eighteen inches of the meter on the
customer's side of the meter.
S.. The town fftwna. install its water meter at the property line or, , aft the
. iu the t2ublic right- of -way.
IQ, Where the meter or service line location is changed at the request
of the customer or due to alterations on the customer's premises, the customer shall provide and
have installed at his expense all piping necessary for relocating the meter, and the town may charge
for moving the meter or service line.
I E. The customer's lines or piping must be installed in a way that prevents cross - connection or
backflow.
14 -3-;a Easements and rights of -way
A. Each ettsteme_ of th e -town Futility customer shall grant adequate or
figh+ -of -way satisfactory to the town to ensure that customet°� service eEntteebb" t connections
" accessible by the town. Fftihtre an the part of th
I, I:hc customer failure to grant adequate eftsementQaacm= or -of -way shall be
grounds for the town to refuse Futility service.
S_.. When the town discovers that a customer is performing work or has
constructed facilities adjacent to or within an easement or right -of -way and the work, construction or
facility poses a hazard or is in violation of federal, state or town laws, ordinances, statutes, rules or
I regulations, or may significantly interfere with the town's access to its utility facilities or
equipment, the town shall notify the customer a and shall take whatever actions are
necessary to eliminate the hazard, obstruction or violation at the customer's expense.
I CHAPTER 14 -4. CONSTRUCTION AND FINANCING OF `v'�n
FACILITIES
14 -4 -1 Agreements to construct new facilities
A. Approval of agreements to construct new facilities. The council may permit the construction
of wftter facilities to provide service in areas where no water or sewer service is available,
or where existing water or sex er facilities are inadequat
the proposed ttew ettstoffiers.
1, Agreements for construction of ,t,DUT facilities shall provide that all costs be at the sole
expense of the applicant for service, except as otherwise noted in the agreement.
Study Session - August 9, 2011 - Page 38 of 142
5
I I Costs shall include, but not be limited to, engineering and design fees, materials, labor,
applicable taxes, permits and inspection fees.
I 1. Facilities shall include, but are not . , . ,
limited to. he f lowing
within an applicant's proposed development as well as outside the development if the facilities are
deemed necessary or desirable in the sole opinion of the town to serve the new development
plafts, have been appiweed by the town efigifteer itnd fhe direeter of the town Water •.
R. . .
pre q9ttre sy9tem ftq deeffied neeegs
Ftttd iough estiffiftte. Any appkftnt f;qr- ft tnfti Nesting the town water tttiky to prepare
equal to the estit"ated east of d re-eiew. The town water wility shaH, upett written
reqttest, make ft-vai4able fe applieetnt within qi�we dftys after reeeipt of the deposit referred te) in this
s hall be nattrefundabl
town aetttftl eost of eentstr"etion is more than the amount ftdN-ftfteed by the appfieftnt,
Ee
-3 .
Naffie and
WS11s pumps, storage tanks and reservoirs- mains- valves- meters and other appurtenances to
e 3ma systm
b. 'ustomer connections_ collection system, lift stations- treatment
facilities_ and other appurtenances to the sewer slstcm-
F
d
e ..
g- .
4.
with the town, laeatiatiq ift the gr"und and ffiatifter of s hag A be speeified by the town
. All
agreements for the construction of utiliti� facilities shall be subject to the final approval of the council
5. ,
eansfrtte6an under this title ghft]4 have tit) right, tide ar iii eh
Nc� a fire men f rr
the construction of utility facilities shall be submitted for approval bh the council unless the
cngineerinl;_olans have been approved by the town engineer and the utilities director.
14 -4 -2 Construction other than by town
A. Construction. The council, at its sole discretion and option, may permit construction of
I
water and /or sewer facilities by private contract tppliefttiaa. The facilities wi4shall be
constructed at the sole expense and cost of the applicant within Vubli gstreets, xveftttes,alleys ,
Study Session - August 9, 2011 - Page 39 of 142
6
rights -of -way ..
r __.7_: , �.. .he _ _.__- „ and /or easements
B. Approval of construction plans and inspections. Plans for construction oft facilities to
be constructed other than by the town shall be provided by applicant, certified by a registered
professional engineer and approved by the town engineer and f- the town meter
titiLities director The construction of winter facilities authorized and approved by the council
wi4jLa j be inspected by the town engineer comply
in every respect with the engineering, construction, material and installation standards of the town.
C. Construction agreement. With each application for a permit for the construction of water
facilities authorized by this section, the applicant shall execute and deliver to the town utilities
director of the tawn water tt6lity, ift dttrheate, the agreement for construction of �t facilities
by private contract. If the agreement conforms to the provisions of this title, the town water -
e64t 'rim 'liriu director may submit the agreement for approval to the council. The ftpphea"t
144 -3 Capacity requirements
A. Water or wastewater system capacity requirements. The tumor utilities director or the towfl
water ttt may require an applicant to install "on site” or "off site" water andzor wastewater
facilities of a size greater than is required to provide service to applicant's development This
�uirement to install oversized facili ties ' referred to as oversizing.
B. Refunds. Refunds of the cost of oversizing shall be solely by agreement approved by the
council. installed pursuant to this section bL—
st lei so as to provide water service to a property not participating in the construction cost-,
( refer - _ - _' tog a "non- participating property', the town may enter into an agreement for partial
refund of the cost of the - :'°" ainfrasrructure subject to the following:
1. In no case will the agreed refunded amount exceed the total funds to be collected as
oversizing charges pursuant to this sectiom
2. Refunds shall continue fora term set forth in the
agreement--Any and balances remaining unpaid u�non termination shall be eefisidered canceled,
and the town shall be fully discharged from any further obligation under the agreement,,
3.
wftter gales ffoffi �he benefiting but ftert I . - . t . � . operty;4. 4ft no event 9haH the town be
liable to p*y mtyN.Q interest shall accrue on any costs advanced by an applicant which are
agreed to be refunded by the town.
C. Oversizing recovery charge.
water sales from the betiefitirig but tten JJIQ council may, at its sole option,
establish an "oversizing recovery charge" to be charged
fer "W __ Qrtionatel to each subsequent connection by non - participating property owners made to or
benefiting from the
>
deriv f reffi the e_- ......:_:_ ......a__..._y ehar versizing
4-
fiteility > >
s7.,..._. for fhe a ed e ftpfte i ry ,.h ft 4 b f h ..L,....,...
z
rred for the &�-ersi2ing. The town 0
> o r before j a fte 3OEh of efteh eftleridar y ear- , pay to the
Study Session - August 9, 2011 - Page 40 of 142
7
4
CHAPTER 14 -5. PROMS ON OP JITILITY SERVICE ° DL ° rT. G USIG N AND FEES
44-5 4 6eftem! previsietts
A, Water ..
>
., to
,,
44-5 2 Fees
4 4-x-3 Appkextiert
of the property owfier has beett pro-eided,
4-4 -5 -4
Water Users Asqaeift6eft ffittftieippJ water 4er-% area, shall be 9ttbjeet to appre-,-al by the direeter of
its sole ,
4 4 5 5 E ff-eet of i" .i..
Study Session - August 9, 2011 - Page 41 of 142
8
4�-Fe qhal-] be im addition to (3ther fees ftfid eharges reqt4ed by tke fawn to obt*ifl water- s-
Servie_ +
. Rewever,
BfeR
1450 lnelttsie)tt does 400 year water- adequite
, *i]4 he stteeeggful ift the fttfttre ift ebt*itting an fts-sured wft�er- supply degignation f4 the town's water
A NTED 4 /_ '
CL PROM T8ION OF WATER UTir rTV SERVICE
14 -6a -1 Customer responsibility
A. Each town utility customer shall be responsible for the following:
1. Maintaining all facilities on the customer's side of the point ofd connection in
a safe and efficient manner and in accordance with ,
federal - state and local rules and rewtlations. The point of connection is the meter for water service
A
and is where the house sewer connects to the sewer collection system for sewer service.
2. Safeguarding all town w *" utility property installed in or on the customer's premises for the
purpose of 9upplyitig waterprQviding utilin sayice to that customer%
3. Exercising all reasonable care to prevent loss or damage to towns utility property,
excluding ordinary wear and tear. The customer shall be responsible for loss of or damage to town -
wate utility property on the customer's premises arising from neglect, carelessness or misuse and
shall reimburse the town for the cost of necessary repairs or replacements_
4. Payment of any equipment damage resulting from unauthorized breaking of seals, tampering
or bypassing the town waterer meter,,
5. Notifying the town of anrfai t i€ed- town futility equipmenq failure.
6. Paying all rates, charges and fees when due.
B. Si2ecial provisions relating to water service
L Water furnished by the town shall be used only on the customer's premises and shall not be
resold to any other person.
I During critical water conditions, as determined by the council, the customer shall use water
only for those purposes specified by the council.
I Disregard for this provision shall be sufficient cause for refusal or discontinuance of water
utility service by the town.
C. Special provisions relating to sewer service.
L Sewer service provided by the town shall he only for the benefit of the customer's premises
and shall not be extended to any other pro er e
2, \(thinL shall be dischamed into the sciver collections stem which is 12rohibited b , law_ may
lead to a sanitary several , overflow, or adversely affects the operation or maintenance of the
collection system. This prohibition includes but is not limited to oil_ grease- and flammable material.
I Disregard for this provision shall be sufficient cause for refusal or discontinuance of sewer
service by the town
Study Session - August 9, 2011 - Page 42 of 142
9
LL Each customer shall provide the town and its employees and agents the right of safe ingress
and egress to the customer's premises for any purpose reasonably eanneeted w4k re1ated to the
town's water rovision of utility
rights seettred to it by lw& or dtis service to the premises
14-6 -2 Payment of bills
Vater ility rates, charges or fees are due and payable to the town upon billing. Any" rates,
charges or fees not paid in full by the next billing dat are subiect to a late charge,,,ju.
addjt to the due" in an amount established by a fee schedule adopted by the council and
amended from time to tim :... additif)n `e) th 7-,.1,.nee dtf
14 -45 -3 Grounds for termination of service
A. Water ility service to a customer may be terminated by the town upon ten days advance
written notice for any of the following reasons:
1. Customer violation of any of the provisions of this title;
I 2. Failure of the customer to meet or maintain the tow water utiliry credit and
deposit requirements;
I 3. Failure of the customer to provide the town reasonable access to it utility equipment
and property;
4. Failure of a customer to pay a delinquent bill for utility service.
I 14 -4d -4 Nonpayment of delinquent bill; filing of lien; interest
A. If any bill for a w*teruLjj4 rate, charge or fee made to the customer pursuant to this title is
not paid by the next billing date, the customer shall be given written notice specifying that the bill is
delinquent and outlining the procedure by which the customer may challenge the accuracy of the bill.
If a delinquent bill is not paid and no challenge has been made to the accuracy of the bill after the
notice of delinquency, the water supply will, without further notice, be turned off, and not turned on
until all sums due are paid in full, together with a charge for reconnection after delinquency as
provided in chapter 14-7.
B. Pursuant to A.R.S. § 9 511.02, the town may file a lien on the property for unpaid fees that
are at least 90 days delinquent. The town may enforce the lien by any method permitted by law.
Unpaid fees shall accrue interest at the rate provided by A.R.S. § 441201.
' 14-45-5 Reconnection of service
In no case shall any individual or plumber turn on the water supply to any building or any supply pipe
where the supply has been turned off for the nonpayment of the monthly water bill or for the
violation of any provision of this title. All water that has been turned off by the town water utility
shall only be turned on again by the employees or agents of the town water utility.
I 14 -4d -6 Challenge of accuracy of wate� utility bill
A. The procedure by which a customer may challenge the accuracy of a bill and the
determination of the validity of the challenge shall be as follows:
1. The customer shall notify the town, in writing, of the challenge of the accuracy of the Water
bill and the reasons for it. If the customer has received a notice of delinquency, the challenge shall be
filed within ten days of the date of the notice of delinquency.
2. The customer may request that the meter be re -read or -fhe-wRer-be tested, provided
the customer pays the meter re -read charge or the meter test charge in advance in the amount
established by a fee established by the schedule adopted by the council and amended from time to
time. A request for meter re -read or meter fet-e , paid for by the customer, shall constitute a
challenge to the accuracy of th -= bill.
3. The town
shall send the cus om r a orr d bill and refund the cost of the meter re -read or meter test I`
misread or because a meter test shows that the meter over calculated the volume by more than
Customer shall have 20 days to pay the 3 and a re bi4
cew�cnrrPrtPrl bill
Study Session - August 9, 2011 - Page 43 of 142
10
4. The
ehftHengeg of the eteettritey of water hil4q, when the ehaHeoge dE)eg fiat inelude it request for ft meter
re reftd or meter retest. The hearing effieer 9h*H ffieet with die ett9taffier ehagenging the fteettr-ftey- of
rendering a utilities director is authorized m nego is a m dia ion process mutually
acceptahle to the utilizes director and the customer. The customer shall deposit the full eszmated
cost of the mediation process with the utilities department. The mediation shall make a final
determination of the validity of the customer's challenge and whether the town should be reQuired to
12 all a portion of the cost of the mediation rocess
5. The customer's usi service shall not be terminated
aeettroe is ftn*lduring the mediation process.
14-6 -7 Deposit requirement after termination
If , jLjt: service is terminated due to nonpayment of a delinquent bill, the town shall
require payment in full of all amounts due and owing and payment of a futility deposit as a
condition of reestablishing per service.
14 -6a -8 Termination without notice
A. Wftter tt61ity ili ). service te ft ettstatner may be terminated by the town without advance
written notice-, under the following conditions:
1. E,2 s nce of an obvious hazard to the safety or health of the customer or the
general population;
2. The town h e--:dene .Evidence of water meter tampering or fraud;
3. unauthorized resale of water or utility services;
4. F -�i' -Fe offs_ customer failure to comply with the curtailment procedures imposed by the
council during wa r supply shortages.
14 -6� -9 Service obligations of town
A. Level of service. The town shall make reasonable efforts to sttpp4y ft 9mis&etory ftadpiglidL
uality_ continuous level) service to its customers.
B. Non - liability. The town shall not be responsible for any damage
attributable to any interruption or discontinuation of service resulting from of the following
1. Any cause against which the town could not have reasonably foreseen or made provision for,
such as but not limited to 4)ree ffiajettr condition or event not reasonable within the control of
the town_ including without litrutaton_ acts of public enemies_ insurrection_ civil disturbances_ riots.
epidemics- landslides_ ligh in _ earthq„uakes_ subsidence_ fires_ storms_ droughts_ and floods.
2. Intentional service interruptions to make repairs or perform routine maintenance—,.
3.
wat r- - -r-
~° ~ie- •''urtailment procedures imposed by h o un it d ing water suppjg sho g s• e - -`
4-. Gttrtftihmettt-.
C. Service interruptions. The town shall make reasonable efforts to reestablish service within
the shortest possible time when service interruptions occur.
L If there is a national emergency or local disaster resulting in disruption of normal service, the
town may, in the public interest, interrupt service to provide necessary service to civil defense, fire
protection or other emergency service agencies on a temporary basis until normal service to these
agetteies can be restored.
I When the town plans to interrupt service for more than four hours to perform necessary
repairs or maintenance, the town shall attempt to inform affected customers at least tweftty4ettr2A
Study Session - August 9, 2011 - Page 44 of 142
11
hours in advance of the scheduled day and the estimated duration of the service interruption. 4be
Wftfer i tih
I Notice to customers shall not be required if there is an emergency or an outage due to
unanticipated events or causes.
D. Minimum water delivery pressure. The town shall maintain a minimum standard rater
delivery pressure of 20 pounds per square inch gattge (PSIG) at the customer's meter or point of
delivery e�cen during; water outage��
E. Construction standards. The town shall construct all facilities in accordance with tk,—
.,
111 applicable federal_ state and local laws and regulations
14 -6d -10 Meter reading; measurement of service
A. Each customer's water meter shall be read monthly on as close to the same day as practical.-
,,
4
44 -Fi-44 Ctig toffier
44 42 Cu9 -- -- - gtte ed ------ -----
r-
4 ,
2L. The ftffiatmt of ttsage during the preeeding .
B. All u ility
service Drovided by the ut h6u department shall be billed:
1 Rding the (7n the basis of metered mater
2. ., ,
. Based
on historic usage when a meter has malfunctioned or cannot be read for reasons beyond the town's
c ontrol. Each bill based on estimated usage will indicate that it is an estimated bill.
..
Billing and collection
14A. Minimum bill information. Each bill for -per utility service will contain the following
minimum information:
Study Session - August 9, 2011 - Page 45 of 142
12
1. Bi11da
I Date and meter reading at the start of aIIIQ billing period;,
,_Previous month's meter reading,
�: bill trsftge;
4. ;Water volume used during rhghillingeriod.
5. Gtt teme ttaffieLLIdlit ` department's email address and telephone number.
6. c,..__i ......a.._. _.... mine and address.
7. Senjcc account number and service address
$. Amount due and due date;.
8 -2-Past due amount;,
9
E-
a Other a1212licable charges and taxes.
CHAPTER 14--7-. W ^ ��- �_RATES AND CHARGES
14 -:7�k-1 Monthly charges
A. C=hft -customers. shall he charged for -e" utility , monthly-
p"ar to the eost of seettritig, de-eeloping and deliver water to the ettstaffierg of the town
F . at rates designed to recover the cost to secure_ develop and deliver utifity
services_ and all capital, operational and maintenance costs associated with or attributable to
providing water sep�-iee thrattgh the town water sy9tem. 4'ater eltiteges wi]4 be eaffiputed through the
services_ us applicable state eft local gale-- taxes.
B.
. Tke_
, ,
Service fees
shall be established by a fee schedule adopted by the council and amended from time to time.
14-7�k-2 Installation charges
A. There shall be an installation charge for all , service connections.
ittelude the east of t4ie water ffieter, -ealveq, boxes, and in9tft4ft6oft.B.Depa9k,9 and eharges for- the
difttion of a metered water serviee ean"eeti shftg be based upon the si5!e of the meter instftHed,
ftnd shag be established by a fee schedule adopted by the council and amended from time to time.
E .s
applicable permit fees,
right -of -way costs or unusual construction costs shall be add eel fftid paid for by the applicant at the
time of application.
I EL. Installation charges assume availability of an existing water main contiguous to the
applicant's property. If a main extension is required, applicant shall pay all costs for the main
extension, which costs shall be non - refundable.
B,
as it!! water bi]49 are paid in ft&.
Study Session - August 9, 2011 - Page 46 of 142
13
ttsed ta develep &eihties to take and treftt G.A.P. wftter if it were to beeeffle ft viable ?Ateffiftti-fe for
in the f"Rtre.
44 .
j2, In addition to the
o t d ins alla ion &y h li ant shall av 1 actual e� of installation YA II b
e€ ncurred due to unusual site conditions_ such as pavement cutting, excessive length, rocky ground,
or any other additional cost inflating factors, or if the FtetttA easts ftre less thatt the instAhttieft ehftrge,
L lnstallation of meters larger than two inches ;nicca reQure additional labor and ea �inm n
not covered by the hasc fe I:bvsv c2a actual costs sha be harggd to the customer.
F Meters larger than two inches may be installed by the customer's contractor cif the
eentraet bttik teW.Q k meets town standards an the contractor furnishes proof of iLa_contractor-
heensrrigl license and town business heeftsin . All final inspections and approvals shall be
made by Marana ...uniei al °° personnel.
14 -76-3 Other service charges
The following service charges are established, the amounts of which are set forth in a fee schedule
adopted by the council and amended from time to time.
A. New set -aiee establishment fee! The ter -hours new service establishment fee -ism
of r -hours am scryjcc otablishwent fee shaU for the cost of establishing the new
customer service account during regular wer4ing days (Mattdfty through Friday) beeweeft the hattr
9 a.fn. afid 4 p.m., and requires 24 hourg notiee. Nt3 mieng will he tna—e after
,.
Water on weekends or on holidays. The amsapt of the fee shall be the actual labor
and material costs incurred by the utilizes dg:j2artment to connect the new service
B. New serviee establishme - fee, after hattr - s! The -
°t°' fee a fte_ 'hats : hours reconnect fee shall be charmed for the cost of
servic a�- T after hours, on weekends or on holidays
C.
fAditieftFA after hours reeatitteet f�e. 4 there is ft delinquent bahtnee due, the delinquent balftnee FAttsf
Backflow Hermit fee. A Backflow i f is
charged to incoLporate information concerning a n w ba kflow device into thr u i i department's
datahase_ to track annual device testing
D. Backflow permit reel A ba kflow permit rem cement fee is charged when a
device fails and must he replaced rather than repaired.
Customer a requested meter re ` -read fee. A customer req meter re -read
fee shall he charged each tim e a customer r au ests that its meter he re -read. This fee shall be
refunded if the meter is found not to be reading accurately, defined as an error of greater
than 3 %.
'. Water bill if the
Study Session - August 9, 2011 - Page 47 of 142
14
F. Customer ;; requested meter test= fee. A customer- reauested meter test fee shall be cha= d
each ime a customer r uu s s that its mctQr b st 1 This fee shall be � =LtD&U to the
customer if the meter is found not to be reading accurately, defined as an error of greater than 3 %.
G. ,
Th-iq� -&-c- slia-11 be added te) ft ett9tomer!9 witter big if any wmer rmes, eharges or fees are not pftid itt fit-11-
by the neitt biBiftg Delinquency. If there is a dyfinaucat ha laucc du c. tbc delinquent balance must
bbp id in fill before se rvice is reconnected-
LL Hydrant meter relocation fee. The hWrant meter relocation f is Qham each time a
h� -drant meter is relocated_
L I lydrant meter setup fee. The hydrant meter setub fee is the fee assessed on all by Iran
meter installations. This fee is in addition to the security de
.L Late 12yment fee_ A late payment fee shall be added to a customer's water hill if and eater
charges or fees are not paid in full bj- the next hilling da e
LL', New service establishment fee. The new service establishment fee is for the cost of
e stablishing the new customer service account during normal working hours_ and r fi r_? io s
notice. No service connections will be made after hours- « c 'k' ndsor l _>] _ Y_c i)[ ll il
1' tation as detcaniped by the utilities d,partment.
L Reconnect fee. The reconnect fee shall bg for the cost of reestablishing service after it has
been terminated for anL reason and reou_ires 24 hours noti ce.
a Rcturugd check fee. A returned h k fee shall be added to a c us t omer 's hill if the check for
payment is returned u012aid due to insufficient funds_ closed account or stoR�ym n . An addi Tonal
fee calculated at 25% of the total outstanding halance shall be added to any bill sent to outside
collections for 1a3 m n .
�L Staudnipe card replacement fee. The standi2ine card replacement fee is the fee to replace ace a
s andpol e card.
L2 Stands e setup fee. The staudgilae setu fee is a new service fee for a standpipe account.
44F_. Vacation service fee. A vacation service c fee shall be the fee charged for one
disconnect when the customer leaves on vacation and one reconnect when the customer returns.
4
} Stftndpipe feeg .
U Water modeling fee. A water modeling f - is s harg d to cover the town's cost to update the
water distribution and operation model to account for a develo m n 's Dotable water and fire flow
CHAPTER 14-8-.? EMERGENCY WATER CONSERVATION RESPONSE
14 -$Z -1 Declaration of policy
It is hereby declared that because of varying conditions related to water resource supply and
distribution system capabilities operated by the town, it is necessary to establish and enforce methods
and procedures to ensure that in time of emergency shortage of the local water supply, (1) the water
resources available to the customers of the water system are put to the maximum beneficial use, (2)
the unreasonable use, or unreasonable method of use is prevented, and (3) the conservation of water
is accomplished in the interests of the customers of the town water utility, customers of other water
utilities located within the town and for the public health, safety, and welfare of the residents of the
I town.
14 -8Z -2 Definitions
A. In this chapter, unless the context otherwise requires:
1. "Economic hardship" means a threat to an individual's or business' primary source of
income.
2. "Notification to the public" means notification through local media, including interviews,
and issuance of news releases.
Study Session - August 9, 2011 - Page 48 of 142
15
3. "Outdoor watering day" means a specific day, as described in a specific outdoor watering
plan, during which irrigation with sprinkler systems or otherwise may take place.
I 14 -8Z -3 Application
A. This chapter applies to all municipal and industrial water utility customers who own, occupy,
or control water used on any premises as defined in this chapter. This chapter shall not apply to any
agricultural use of water furnished by an irrigation district.
B. No person shall make, cause, use, or permit the use of water received from the town water
utility or any other municipally owned or privately owned water utility providing water service within
the town for residential, commercial, industrial, governmental or any other purpose in any manner
contrary to any provision in this chapter.
C. Mandatory emergency conservation measures shall be implemented based upon the
I declaration of an emergency pursuant to section 14 -8Z -4.
1442 -4 Declaration of water emergency authorized
The council, or in the absence of a quorum, the mayor or the vice mayor, upon the recommendation
I of the town manager, is hereby authorized to declare a water emergency and to implement mandatory
conservation measures as set forth in this chapter.
14 -8Z -5 Implementation; termination
A. The town manager shall develop guidelines which set forth general criteria to assist the
council, or in the absence of a quorum the mayor or the vice mayor, in determining when to declare a
water emergency. Upon declaration of a water emergency, the town manager shall report in writing to
the council providing the reasons for and expected duration of the emergency and describing
implementation of emergency water conservation measures.
B. A water emergency may be declared for a specific water utility system, such as, but not
I limited to, the town water utility system, the of Tucson water utility system located within the
town, or any other public or private water utility system located within the town, which is unable to
provide adequate quantities, qualities or pressure of water delivery in compliance with Arizona
I k , department of environmental Qua itv standards or regulations,
or fire flow requirements, and which constitutes a danger to the public health, safety and welfare of
the residents of that water utility system.
C. The declaration of a water emergency shall be specific to the water utility system which is
unable to provide adequate quantities, qualities or pressure of water delivery in compliance with
I Arizona department of environmental Quality standards or
regulations, or fire flow requirements, and to the water customers of that water utility system.
D. The owner or operator of a water utility system located within the town boundaries may
request, in writing, that the town declare a water emergency pursuant to this chapter for its water
utility system, setting forth the reasons and justification for it.
E. the condition
or conditions giving rise to the water emergency,—"r= The declaration terminating the emergencv�
shall he adopted by the ageenc with jurisdiction over the emergency- or if none_ upon majority vote
of the council, or in the absence of a quorum, the mayor or the vice mayo shag declare the Wale`
efnergeney __r_-- : -a__a Upon termination, the mandatory conservation measures shall no longer be in
effect.
14 -gZ -6 Mandatory emergency water conservation measures
A. Upon declaration of a water emergency and notification to the public, the €oHawing
mandatory restrictions upon nonessential users set forth in the adopted drought prepare dress plan
andZ the following restrictions shall be enforced as to the customers of the water utility system for
which the water emergency was declare&,
1. All outdoor irrigatio is ohihited except for these areas irrigated with reelaimed water
ef water provided by an irrigation district for agricultural use is prohibited. If the town
manager deems it appropriate, a schedule designating certain outdoor watering days may be
implemented in place of the irrigation ban.
Study Session - August 9, 2011 - Page 49 of 142
16
2. Washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas
with water - , , except to alleviate immediate health
or safety hazards, is prohibited.
I 3. The outdoor use of any water -based play apparatu eenneeted to a r _ -_a .ge_-ce is
prohibited.
4.
. The operation of outdoor misting
systems used to cool public areas is prohibited.
-:5, The filling of swimming pools, fountains, spas, or other related exterior water features is
prohibited.
I 8:1 The washing of automobiles, trucks trailers and other types of mobile equipment is
prohibited, except at facilities equipped with wash water recirculation systems, and for vehicles
requiring frequent washing to protect public health, safety and welfare.
14 -5 : -7 Variance
The town manager, or the town manager's designee, is authorized to review hardship cases and
special cases within which strict application of this chapter would result in serious hardship to a
customer. A variance may be granted only for the reasons involving health, safety, or economic
hardship. Application for a variance from requirements of this chapter must be made on a form
provided by the town manager.
14 -5 : -8 Violation
A. If there is any violation of this chapter, the water utility for which the emergency was
declared sh 11 be respatisib4e for h*
L P1atc a written notice plReed violadon on the property where the violation occurred; and
I Mad a duplicate w,*ied i to- te:
a person who is regularly billed for the service where the violation occurred; and- fa-any
b- perso re sponsible for the violation- if known to the town or the water utility-,who-is.-
b4 f
f'29'k7vrr"sivxrrvrcx : c.
B. The notice of violation sha 1:
L Order that i{ violaton be corrected, ceased, or abated iffitnediately er within etieh
specified time as--the town or water utility determines is reasonable under the circumstances, and -
2. Contain a description of the fees and penalties associated with the violation.
B if t4e order is ftet eoffiphed with within 24 hottrs, 4te tawo or the water o6ht;y ffitty
C. this
. The town or the water utili t< may
disconn he se rvice wherc the viola ion Qccurr for failur o comply wi h the ord s Lath in
I Q notice of violation ��
D. Nothing in this section shall conflict with the rules and regulation and approved tariffs of the
Arizona Corporation as they may apply to public service
corporations furnishing water service within the town.
1442 -9 Enforcement
The
net awtied lay the town to etiferee 6te provisions of this chapter.
Study Session - August 9, 2011 - Page 50 of 142
17
of the water utility that serves the 12rot2em where the violation occurred
CHAPTER 14-9-. BACKFLOW PREVENTION AND CROSS - CONNECTION
CONTROL
14 -3$ -1 Purpas e oS s
A. To protect the public potable water supply of the town tnttnieipal water syseefil from the
possibility of contamination or pollution
B. To promote the elimination eraad control of , actual or potential—
customer cross - connections
C. To provide for a continuing program of cross - connection control
14 -3a -2 Backflow prevention required
A. An approved Backflow prevention method or device shall be utilized or installed at every
wa r sys m service connection aad usage point i n
system when �he town muttieipftl wftter system detertrAnes thaf the potable woer 9upplied by the
and federal regulations
B. The
the ptthhe potable water Supply frafn the e1_"_4A_F_A ' town shall determine the backflow
Urevention method based on the degree of hazard
14-9-3 14age-ftrd pe tential
B Definitions
A.
4- , ift the judgi"ent of the town
.
Contamination, An imm of the Quality of the water which creates an actual hazard to the
public health through poisoning or through the spread of disease by sewage_ industrial fluids_ waste.
B_ Cross-connection: Au l UU12 otected actual or potential connection or structural arrangement
between a public or a consumer's notable water system and any other source or system throuu�h
which it is possible to introduce into an } part of the potable system any used water_ industrial fluid_
gas, or substance other than the intended notable water with which the system is su12121 ed.
arrangements_ Jumper connecuons_ remm able sections, swivel or change -over devices and other
tem ora a or permanent devices through which or because of which backflQw can occur are
considered to be cross - connections.
1 Direct cross - connection: A cross - connection which is subject to both backsi.l huge and
1 ackpressure.
2 Indirect cross - connection: �k cross - connection which is subject to backsij2hona e only
C_ Degree of hazard: Either a 12ollutional (non - health) or contamination . ealth) hazard, derived
from the evaluation of conditions within a s Is�tem�
I_, Hazard: An actual or potential threat which could dam public water utility infrastructure
or nellatively affect notable water auali y.
L Plumbina hazard: An internal or plumbing- type
cross_ connectio r in a consumer's potable water sr stem that may be either a pollutional or
a contamination throe hazard. Plume t g-pe cross - connections can be located in maa� -pes of
Study Session - August 9, 2011 - Page 51 of 142
18
structures including homes_ apartment houses_ hotels and commercial or industrial establishments.
Such a connection, if permitted to e-xist_ must be properly protected by an
!2f backflow prevention
2, Sys em hazard- An actual or potential threat wWeh may efte severe
dantftge r to the physical &eilitie g nro; PAPS of the public or the consumer's potable water s upply
system or of a pollution or contamination which d have a protracted negoi-ee effect on the
quality of the potable water in the system.
4.
ftppttrteaftneey -L Pollution: An impairment of the d a�lij; of the water to a del >ree which does
nQt create a hazard to the public healtL but which does ady rsely and unreasonably affect the esthetic
gualities uf 5ucb waters for domestic use.
14 -9$ -4 Backflow prevention methods; or devices
A. A backflow prevention method shftA be any assembly or other means deed to
pret- ettt that prevents backflow. The following are -tike recognized backflow prevention methods
w hieh town may require under section 14 -9$ -2 or 14 -9d -5.
1. Air gap: the -- flab -- -detect e----- -- - - - - -- - ---- -a-- d - --- . here between the apen---a
of , i A ms's; ical
separation between the free flowing discharge end of apotable water supply piueline and an open or
non - pressure receiving vessel An approved air gap shall be at least double the diameter of the supply
pipe fi easured vertically above the overflow rim of the vessel_ and in no case less than one
inch.
I 2. Reduced pressure principle assembly ( "RPA "): ftfiAu assembly containing two independently
acting approved check valves together with a hydraulically operating, mechanically independent
pressure differential relief valve located between the check valved and at the same time below the
first check valve. The shall include properly located resilient seated test cocks and tightly
closing resilient seated shut off valves leered -at each end of the assembly
3. Double check valve assembly ( "DCVA'�: xftQ assembly composed of two independently
acting, approved check valves, including tightly closing shut a ( resilient seated shutoff valves
lee-ttted at each end of the assembly and fitted with properly located felt sili n s d
test s. This ass mbly shall only be us .d t n = otect inst a non- health hazard (i.e._ ; ollutantl
4. Double check_ detector elte e- assembly *A specially designed
assembly composed of a line -size approved double check valve assembly with a bypass containing a
specific water meter and an approved double check valve assembly. The 'he meter shall rely ster
accurately for only very low rates of flow up to three gal lons per minute and shall show a registration
for all rates of flow. This assembl shall only be used to protect against a non - health hazard
t2oll ' an _. The DCDA is i2rimarily used on fire sprinkler s, ems•
5. Pressure vacuum breaker assembly ( "PVB "): xf�Aa assembly containing an independently
operating loaded check valve and an independently operating loaded air inlet valve located
on the discharge side of the check valve. The assembly shall be equipped with properly located
resilient seated test cocks and tightly closing shut a f resilient seated shutoff valves leeatedauachcd at
each end of the assembly This assembly is desi ed to 12rotect aaimt a non - health hazard U,e._
pollutant) or a health hazard le__ contaminant) under a backsij2horiaLze condition or lY
B. A u ili i s dir or may at rove a backflow prevention method may he ftppraved by 4ie
k! water syste not listed above if it has received the approval of the r ft 6e . fa
fo rnda ion for cro55-cQuUecdou ci2nij 1 and
hydrau s ar h of the University of Southern Californi atid, for ........_. blie.., he ° '
Study Session - August 9, 2011 - Page 52 of 142
19
14 -4d -5 Backflow prevention methods required
A.
and ft bfteitflo � tethed of the type speeified ift this seetion for- that ketn or fteevity fntt9f
sh*4 be determined by file ,
The activities listed below reQuire an RPA at a h s rvi onn ion
tU the potable water s� s m:
1. Cooling tower, boiler, condenser, chiller, andQl other cooling
2. Tank, mat vessel, water receptacle, and a11, other water
without aLLapproved air gap including, a mobile unit (except emergency vehicles and
private swimming pools)-R-RA
3. 1-ee Commercl4 ice maker
4. Water cooled equipment, boosterR = , s ," or ftuteelaves: D P ^ aUtag"
5. Wate rLommeEcial or industrial water treatment fa iii .= water processing
equipment (other than residentiftl wftter Softeners)! RP
6. Bett4e Comm r ial o ind us rial washer bedp - for bottles_ bed p aps , garbage eats
wftshen RP
7. Pestielde ommercial or industrial s i id , herbicide, fertilizer, ftadal chemical applieaters
p
8. Aspirator
9. Commercial , food processing armor preparation equipment,
carbonation equipment, or other food service , n o ss
10. Decorative fountain, baptismal, or ati water is exposed to
e air W= t a a rri , re�idencel
11. X ray equipment, plating equipment, orates -et13e photographic processing equipment
12. Auxiliary water supply aftd�or to uft*ppreveda water supply
2lTYi system other than the town notable �x�ater s s m
13. °. e l ft i ffied - per ettste ffier.: RPLA4 ^. Recreational vehicle dttmpsta6anq (sewer)
station or any other location where potable water may be exposed to bacteria, viruses, or gas: PA
4-5-.11 Any premises oft whienwhere chemicals, oils, solvents, pesticides, disinfectants, cleaning
agents, acids or other pollutants and /or contaminants ftre hftfidled itt ft mantier by whieh the may
come in direct contact with potable water,
der (other than , infrequent 1tr hame sid n i l applications): -�
I, Any material or piping system not approved bathe uniform„ plumbing code or the
environmental protection ag n�cy fur notable water usaga
16.
ettvirattmeft�� pratee6att ageftey EEPA� for- patithle woer usage (for fire sy9teffis See
4 4 n c n 20 ,._a 22 beta__-). c�_ _..�.,,._..:_.._�. RPA; fo pa ftne nn e Anv premises with a
�, , t ..�__.. - - -• - --
ross- connection that requires internal backflow protection under the uniform ulumhin code
17. Any on -site water system served by more than one meter
11 AAav structure having an por ion of the water distribution system located 34 feet or more
above_ or three or more stories above- where the notable water supply enters the stntcture
19— An fire system falling within American water works association classes 3 through [�
Ma c activities listed below require the fQ11o3ying specified method or methods of backflow
prevention a each 5rryicr muaecion to the potable water system,
1. Separately metered or unprotected irrigation systems and construction water services: RPA
or PVB- a�d.
Study Session - August 9, 2011 - Page 53 of 142
20
4-9, Multi ffiefered pr-aperfie4 with fnare thetft ofte ffieter eofifteeted to ftftother ar any building
249 ? Unless eum ted by an
fire code- and fire system falling within American water 3xmrk5 association classes 1 and 2 afid *-
sy9teH3sslr constructed of a piping material not approved for potable water pursuant to the UPC as
adopted by the town: DCVA or DDCVA. . ,
Rar to
the fe'Wn'9 are e.Eeffipf.
.. .
3, Where backflow protection is
required on t-13e premises containing hoth industri al id fflegfie ge , -. - that i s h eate d eft th
and domestic
service_ backflow protection shall he prop >id d on the fir service onn ion for the highest degree of
hazard affecting either syste
System.)
B -L,When two or more of the activities listed above are conducted on the same premises and
serviced by the same service connection or multiple service connections, the most restrictive
backflow prevention method required for any of the activities conducted on the premises shall be
require to be utilimed ar :n: taRe at each service connection. The order of most restrictive to least
restrictive backflow prevention methods shall be as follows:
1. Air ga i
2. RPA
3. DCVA
4. P
14 -3$ -6 Backflow assembly installation requirements
A.
by the tewff .arh backflow preventio ftsse blip... h b :_...,A by th ettsfaffier a t e fte ,- ,. fo
-. T assembly shall have a diameter at least equal to the diameter of the service
connection.
B. The h ba kfl w prevention assembly shall be in an accessible location approved by the
t! water -. lities de
utipartment.
C_ EacE RPA, PVB, and DCVA backflo�y trevention assembly shall be installed at least 12
inches above ground.
. shftJ4 be at least
D. When a continuous water suPRly is required_ two parallel backflow prevention assemblies
shall be installed at the zer%_ice connection to ay oid interruption of water suiply dur�inL backflow
prevention assembly testing
F No person shall alter, modify, bypass or remove a backflow prevention assemblor method
without the approval of the utilities dartment.
14 -1a -7 Installation of backflow prevention assemblies for fire systems
In addition to the requirements of section 14 -3$ -5, the following shall also apply:
A. Fire protection systems consist of sprinklers, hose connections, and hydrants. Sprinkler
systems may be dry or wet, open or closed. Systems of fixed -spray nozzles may be used indoors or
outdoors for protection of flammable -liquid and other hazardous processes. It is standard practice,
especially in towns, to equip automatic sprinkler systems with fire department pumper connections.
B. A meter (compound, detector check) should not normally be permitted as part of a backflow
prevention assembly. An exception may be made, however, if the meter and backflow prevention
assembly are specifically designed for that purpose.
Study Session - August 9, 2011 - Page 54 of 142
21
C. For cross - connection control, fire protection systems shall be classified on the basis of water
source and arrangement of supplies as follows:
1. Class 1: direct connections from public water mains only; no pumps, tanks, or reservoirs; no
physical connection from other water supplies; no antifreeze or other additives of any kind; all
sprinkler drains discharging to atmosphere, dry wells, or other safe outlets.
2. Class 2: same as class 1, except that booster pumps may be installed in the connections from
the street mains. Booster pumps do not affect the potability of the system; it is necessary, however, to
avoid drafting so much water that pressure in the water main is reduced below 20 psi.
3. Class 3: direct connection from public water supply main plus one or more of the following:
elevated storage tanks; fire pumps taking suction from above - ground covered reservoirs or tanks; and
pressure tanks (all storage facilities are filled or connected to public water only, the water in the tanks
to be maintained in a potable condition.) Otherwise, class 3 systems are the same as class 1 systems.
Class 3 systems will generally require minimum protection (approved double check valves) to prevent
stagnant waters from backflowing into the public potable water system.
4. Class 4: directly supplied from public mains similar to classes 1 and 2, and with the auxiliary
water supply on or available to the premises; or an auxiliary supply may be located within 1,700 feet
of the pumper connection. Class 4 systems will normally require backflow protection at the service
connection. The type (air gap or RPA) will generally depend on the quality of the auxiliary supply.
5. Class 5: directly supplied from public mains, and interconnected with auxiliary supplies, such
as pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; driven wells,
mills or other industrial water systems; or where antifreeze or other additives are used. Class 4 and 5
systems normally would need maximum protection (air gap or RPA) to protect the public potable
water system.
6. Class 6: combined industrial and fire protection systems supplied from the public water
mains only, with or without gravity storage or pump suction tanks. Class 6 system protection would
depend on the requirements of both industry and fire protection, and could only be determined by a
survey of the premises.
D. When a backflow prevention assembly is required for a water service connection supplying
water only to a fire system, the assembly shall be installed on the service line in compliance with
standard specifications adopted by the town. (Installation of 9G*A!QC.j,& or
in a vertical position on the riser may be allowed on fire systems with the 1 water
approv �f the utilities director
14 -9$ -8 Inspections
A customer's water system shall be available at all times during business operations for premises
I inspection by the . The inspection shall be conducted
to determine whether any cross - connection or other hazard potentials exist and to determine
compliance with this chapter, .,
14-9d-9 Permi+
glzer ii required
A. Installation:
new construction_ a se£ crate backflow pe rmi t shall be obtained from the 4 water
utilities department for the installation. each
backflow prevention assembly to be ingtAedrequired by his ha tamer including
replacemen assembly
B. Notification: M= person daing t4e pgLfQnLjag work authorized by
the& backflow permit toahL notify the , 6-iitt the
a nd eurfent u uee sa l ; ..a...d eo d e , iUSQ . ndara. ffli i s de partment at least 24 hours before the
work is read- to be inspected
C. ..
eede, the town ffittfitieipal wa i ftwhorized representative fflay order the work stopped-
Study Session - August 9, 2011 - Page 55 of 142
22
sper�siet� susn ne ®ion or revocation: The ,
u i i ies d nart� meet mad suspend or revoke a permit issued under provisiong of this eade
wheneN-er the perfnit is in error or in
violation of any ordinance or regulation .
14 -3$ -10 Test; maintenance; records
A. The customer shall test and service backflow prevention assemblies at least once a year. If
the testing reveals taaLthe assembly to-beja defective , the
customer shall �� ace_ or overhaul- of4te-
ftssembly ' the assembly to satisfactory operating condition.
B. If the utilities depar m n or a customer learns or discovers
during the interim period between tests that an assembly is defectiv
eandition, the customer shall , i fteluding replaeemenfreL2air, re ace_ or
overhaul , if the assembly to satisfactory operating
condition.
C. The annual testing shall be performed by an individual certifie to eanduet the testif by an
backflow nr v n ion ass mb i s. :Lhe ut ilitie s de partment will maintain and make availahle upon
;g &11jest a list of individuals certified to test backflow prevention assemblies.
D. The customer shall maintain records, an 69rffis approved by the t eater
c �he res eks a f a44 test rest lts and all servicing, repairs, overhauls or replacements
of the backflow prevention assembly. The records shall be maintained on forms an roved by the
tilis idu department A copy of the records shall be promptly submitted to the
after completion of the activity for which the record is made.
E. Fire systems shall not be out of service for more than eight consecutive hours due to testing,
maintenance, or repairs. The local fire department shall be notified immediately of any changes in fire
service status.
14-4.a-1 1 Modification of backflow prevention requirements
The utilities department may modify th�juirements of section 14 -8 -5 if both of the following
appl
ln5l2ectiQu of the customer's
system indicates that a backflow prevention method less restrictive than tit-- required in section
14 f3$ will provide adequate protection of the public potable water supply from the degree of
hazard potential by the customer's water syste
S .
IL Th I= restrictive method is supported by indust ., hest maaa=went practices.
14- f3$_ -12 Discontinuance of water service
A. If a required
backflow prevention method is not installed or -eae has been ifnpraper4y fe9ted or ffiftintain ,
bypassed or removed, or 4t-an unprotected cross - connection exists in the customer's water system,
the water service to that service connection shall be disconnecte 4 « he sie"°`'e — 's --a` .... a
ThP nrilitiPs
department shall take reasonable steps to =6L the customer before. and if unable to do so_ after the
disconnection The service shall not be restored until the condition is edie&- QQ_LLQQtV4
I B.
Study Session - August 9, 2011 - Page 56 of 142
23
above
..
ti a,._., r em t he d ate e f the turn o ff fto6c- if a required backtlow prevention method is not
p rol2erly tested or m in tined the utilities 1 partment shall issue a notice to the customer req d
e condi i m tQ be wacctcd Zvi hip the bme specified in the notice which shall be not less than
seven days_ If not corrected within the time specified in the notice water service shall be
disconnected. The service shall not be restored until the condition is corrected
water
, with T
C . Wa r s rni to a ti sprinkler shs m
a 1 aQt be disconuected unless a cross-counection ex and presents an imminent threat to the
pubic potable water supplT.
14- -13 Adffiiftistra6ee ftppea4
iremefits ef this ehapter is deferffiifted, whether- dttr4tig eati-I.-_ r im. _A-11 I . . " tttt wishes to appeal the deeisieft of the staff beeattse 4 e ifir,
B, The ftppeal wiI4 be heard bY the hearitig eammittee withitt teft days, fft a time .9peeified by-the-
,
c�te�
,
dir-eeter.
D:
14-9 44
A-
B:
E ..
D
Study Session - August 9, 2011 - Page 57 of 142
24
i
14 9 45 Fees
The fee for any permit required pursuant to the terms of this chapter shall be established by a fee
schedule adopted by the council and amended from time to time.
I 14-�)d -4-611 Violation
It shall be a civil offense, punishable by a $250 fine, for any person to violate any of the requirements
of this chapter. Each day a violation continues shall be considered a separate offense.
CHAPTER 14 -1:0-.2, VIOLATIONS
14 -4444 4ft'f*H*Hftftu Unauth ,ri e 1 installation and repair by individuaig prohibited
Town utilities sh all be connected only b
. a4ed by the 4 authorized town employees or agents . It is
unlawful for any person to ' repair any
own �tili ^ servic ,
14 -18 ,2-2 Turning on water without authority rohibited
It is unlawful for any person by fiAse key ar otherwise,
aeie�3 unauthorized person o corm o h own wa r ty a water service that the utilities
department has dis onn d
14 - - Eseftping wftter9 Excessive water flow or runoff prohibited
,
,, Watering or it 'ga i � ; lawn_ landscape or other vg"tated area in a manner that causes or
allows water to flow or runoff onto an adjoining sidewalk driveway_ s ee _ ajjr or ditch is
brohihi Pd.
B, Overfilling of a swimming_ 12ool or spa so that overflow water is discharged onto an adjoining
sidewalk_ driveway. 5trcct, ahcv or ditch is prohibited.
144{42 -4 Interference, tampering with utility facilities
No person shall apen or elose ftny f ire hydrant or stopeeek eonneeted with the watersy9tem of the
without a permit
from the direeter of the town wmer utilities department or in violation of permi conditions-4-
a perms, except - °°e --`fire, __a thet under the fire department's direction of t h e o ffi ee s c
4 tedagjW_a firms;
m a, Open or close any fire hy dmaj or valve connected to tLe oven's watcLAyj m.
11 Uft or remove any valve_ shutoff cover_ or manhole lid.
C- Ta; into the town water distrihutiun system or wastewater cgllcciou sysigm
D - Otherwise remove water from the town water utility sys m
L Otherwise cLischargg into the town wastewater collection sysjem
14 -4-92 -5 Damaging defacing facilities
It is unlawful for any person to destroy, deface, impair, or-&ftfttoft4y force open any
gate, door, , ' i njttre or de&ee any reservoir, building, storage tank-
or ftppurtefiftnees feneeg, treeg or ffiktures or. manhole_ treatment facility, numu station_ fence_
fixture_ or other property appertaining to the water tttihty af the tow utilitics
144.92 -6 Penalties
A� Any violation of this title
shall be a civil offense punishable by a fine of not more than $250. This shall be in addition to any
uler ayailablc m dy. Each day a violation continues sha14 be eansidere a separate offense.
C14A PTER 4 AMENDMENTS AND PUBLIC 14ELAR4NG
1
This tide tnfty be ftmended, but ftH of fhe proposed Ettmendments sha4 be submitfed first to the wafer
Study Session - August 9, 2011 - Page 58 of 142
25
14 11 Pttbhe beftrifig
IL Under al2prU circumstances a x of this title mam also be Dwsecuted uudcr-thr-
public health s u i and bioterrQrism preparedncss and reswase act of 2002
Study Session - August 9, 2011 - Page 59 of 142
26
Document comparison by Workshare Professional on Thursday, July 28, 2011
12:25:51 PM
Input:
Document 1 ID file: / /X: /WDOX /TNATDOCS /UTILITIES /OTHER/00027419.
DOC
Description 00027419
Document 2 ID file: / /X: /WDOX /TNATDOCS /UTILITIES /OTHER/00027418.
DOC
Description 00027418
Rendering set standard
Legend:
Insertion
D eletion
it
Style change
Format change
Inserted cell
Deleted cell
Moved cell
Split /Merged cell
Padding cell
Statistics:
Count
Insertions 577
Deletions 688
Moved from 26
Moved to 26
Style change 0
Format changed 0
Total changes 1317
Study Session - August 9, 2011 - Page 60 of 142
27
AAN
/
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, August 9, 2011, 6:00:00 PM
To: Mayor and Council Item D 4
From: Suzanne Machain , Human Resources Director
Strategic Plan Focus Area:
Not Applicable
Strategic Plan Focus Area - Additional Information:
Not applicable
Subject: Presentation Relating to Personnel; discussion and consideration of proposed
amendments to the Town's Personnel Policies and Procedures; revising Chapter 3 -
Compensation and Chapter 4 - Employment Benefits
Discussion:
This item proposes changes to Chapter 3 and 4 of the Town's Personnel Policies and Procedures.
Added text is shown on the attachment with double underlining and deletions are shown with
strike -out text.Currently, full -time employees work a 40 hour work week based on either a 5 -day
work week consisting of 8 -hour days, or a 4 -day work week consisting of 10 -hour days.
When a holiday occurs, employees are paid 8 hours for the holiday regardless of their scheduled
work day. Payment of 8 hours for a holiday to employees who work an 8 hour day fulfills the 40
hour work week, however, employees who work a 10 hour day must take 2 hours of either
vacation, personal or compensatory time in order to fulfill the 40 hour work week. The rationale
behind granting 8 hours of holiday pay (regardless of an employee's work schedule) is that each
employee will receive 80 hours of holiday pay based on 10 holidays per year.
The only exception to this policy is Section 7 -3 in the Marana Police Officers' Memorandum of
Understanding (MOU ). This section states that when a holiday falls on an employee's regularly
scheduled day off, the employee will be given 8 or 10 hours compensation for that day depending
on the scheduled work day of that employee. This provision has the effect of granting 10 hours
of holiday pay to an employee who is not scheduled to work while an employee who actually
works on the holiday receives only 8 hours of holiday pay (plus pay for the number the
hours actually worked). The fact that an employee who works on the holiday and does
not receive the same amount of holiday pay as an employee who doesn't work seems illogical.To
correct this discrepancy, it is recommended that the Personnel Policies and Procedures be
amended as noted in the exhibit attached to this memorandum. The changes contained in
Chapters 3 and 4 will grant 10 hours of holiday pay to any employee who works a 10 hour
shift whether the employee works on the holiday or not.
Study Session - August 9, 2011 - Page 61 of 142
Financial Impact:
Individuals that work alternative schedules of 10 hour days could receive up to an additional 20
hours of holiday pay in lieu of using their accrued leave balances. There should not be any
significant change in budgeted personnel costs. There may be a slight increase in the Town's
compensated absences liability for any increase in vested benefits related to this change as
employees will no longer be required to utilize accrued leave balances to complete a 10 hour day.
ATTACHMENTS:
Name: Description: Type:
❑ Personnel _Policies_Chapter_3_draR holiday_and alternates.DOC Personnel Policy Chapter 3 Backup
Revisions Material
O Personnel_Policies_Chapter 4_draft holiday and Personnel Policy Chapter 4 Backup alternate_schedules.DOC Revisions Material
Staff Recommendation:
Staff recommends that the proposed changes be returned for further consideration and adoption
by the Mayor and Council at the August 16, 2011 regular meeting.
Suggested Motion:
I move to direct staff to bring back the proposed amendments to Chapter 3 of the Town's
Personnel Policies and Procedures for adoption at the August 16, 2011 council meeting.
Study Session - August 9, 2011 - Page 62 of 142
CHAPTER 3
M� COMPENSATION
Policy 3 -1 EMPLOYMENT SERVICE
The Town of Marana's employment service is divided into classified service, unclassified
service, term - limited temporary employment and short-term temporary employment. Employees
in positions designated as classified service are governed by these Personnel Policies and
Procedures. Employees in positions designated as unclassified service, term - limited temporary
or short-term temporary are subject to these Personnel Policies and Procedures only where
specifically noted herein or in the Marana Town Code. Non - employee positions, as defined by
Title 3 of the Marana Town Code, are not subject to these Personnel Policies and Procedures.
Section 3 -1 -1 Classified Service
This category of employment is comprised of all regular full- and part -time employees of the
Town who are employed in positions other than those designated in Title 3 of the Marana
Town Code as unclassified, term- limited or short-term temporary.
Section 3 -1 -2 Unclassified Service
This category of employment is comprised of all employees of the Town who are employed
in unclassified positions as designated in Title 3 of the Marana Town Code. Unclassified
employees are part of a responsive management team that exists to carry out the goals and
policies of the Town.
Section 3 -1 -3 Term - Limited Temporary Employment
This category of employment is comprised of temporary positions, with work related to a
specific grant, capital improvement project, technology services project or other non - routine
substantial body of work, for a term of six to 36 months.
Section 3 -1-4 Short-Term Temporary Employment
This category of employment is comprised of temporary positions for a time period that does
not exceed six months or 1040 hours in a rolling 12 -month period. These positions are used
to augment the workforce due to seasonal and other specific temporary workload needs that
require additional staffing.
3 -1
Revised: December 7, 2010
January 16, 2009
June 19, 2007
Study Session - August 9, 2011 - Page 63 of 142
CHAPTER 3
- �
M - COMPENSATION
Policy 3 -2 POSITION STATUS
Positions within the Town are generally designed for regular full -time employees. However, in
certain functions and during some seasons, work schedules and Town needs may require the
services of other than full -time employees.
Section 3 -2 -1 Definitions
The following definitions shall apply whenever these terms are used throughout these
Personnel Policies and Procedures.
A. At -will Employment: Employment that may be terminated upon the will of the employer
or employee, at any time with or without cause. At -will employees do not have
employment contracts, are not guaranteed any minimum length of employment, and do
not have access to the personnel action review procedures set forth in Chapter 5 of
these Personnel Policies and Procedures.
B. Exempt Employees: Employees who devote most of their hours to activities that are
managerial, administrative or professional. These employees are excluded from specific
provisions of federal and state overtime wage and hour laws and are generally not
entitled to overtime pay.
C. Non - exempt Employees: Employees who devote most of their hours to activities that
are not managerial, administrative or professional. These employees are entitled to
overtime pay under the specific provisions of federal and state laws.
D. Promotional Position: A position to which a current Town employee is promoted. To be
considered a promotional position, the position must be in a classification assigned to a
higher salary grade than the position that the employee originally served in.
Section 3 -2 -2 Position Categories
The Town employs personnel in a number of position categories including, but not limited to,
the following.
A. Regular Full -Time: A classified or unclassified employee hired for an indefinite period in
a budgeted position for which the normal work schedule is at least 40 hours per week.
To attain this status, the employee must successfully complete an initial evaluation
period, as defined in these Personnel Policies and Procedures. Employees in this
category are eligible for the Town's full benefits package.
3 -2
Revised: December 7, 2010
January 16, 2009
June 19, 2007
Study Session - August 9, 2011 - Page 64 of 142
CHAPTER 3
NA COMPENSATION
B. Probationary Full -Time: A classified employee serving in an initial evaluation period.
Employees serving in an initial evaluation period are at -will employees. Employees in
this category are eligible for the Town's full benefits package.
C. Regular Part -Time: A classified or unclassified employee hired for an indefinite period in
a budgeted position for which the normal work schedule is at least 20 hours but less
than 40 hours per week. To attain this status, the employee must successfully complete
an initial evaluation period. Employees in this category are eligible for the Town's full
benefits package.
D. Probationary Part- Time: A classified employee working less than 40 hours per week,
but more than 20 hours per week, who is serving in an initial evaluation period.
Employees serving in an initial evaluation period are at -will employees. Employees in
this category are eligible for the Town's full benefits package.
E. Management/Administrative Intern: A short-term temporary employee who is regularly
enrolled as a student in a recognized educational institution or special program for adults
and /or seniors during the regular school year. Management/Administrative Interns are
at -will employees. Employees in this category receive all legally mandated benefits
provided by the Town, but are not eligible for paid leave or group insurance benefits or
for any cash in lieu thereof.
F. Executive Fellow: A term - limited temporary employee who is in his /her final segment of
the regular school year or has graduated from an accredited college or university in a
field directly related to local government management. An Executive Fellow is an at -will
employee. Employees in this category are eligible for the Town's full benefits package.
G. Seasonal Employee: A short-term temporary employee who works less than 1040 hours
in a rolling 12 -month period. Seasonal employees are at -will employees. Employees in
this category receive all legally mandated benefits provided by the Town, but are not
eligible for paid leave or group insurance benefits or for any cash in lieu thereof.
3 -3
Revised: December 7, 2010
January 16, 2009
June 19, 2007
Study Session - August 9, 2011 - Page 65 of 142
CHAPTER 3
COMPENSATION
Policy 3 -3 CLASSIFICATION PLAN
The Town Manager shall ensure the preparation, development and maintenance of a
classification plan consisting of descriptions of positions defined by essential duties,
qualifications, knowledge, skills and abilities characteristic of the positions.
Section 3 -3 -1 Purpose
The classification plan shall be developed and maintained so that all positions substantially
similar with respect to duties, responsibilities, authority and character of work are similarly
classified and compensated, and positions substantially different in scope and complexity
are appropriately classified and compensated.
Section 3 -3 -2 Plan Amendment
A. All amendments to the classification plan require the approval of the Town Council.
Amendments shall be submitted to the Town Council through the Town Manager.
B. The classification plan may be amended by ordinance, resolution, motion or adoption of
the Town's annual budget.
C. Any position not established by Title 9 of the Arizona Revised Statutes may be abolished
by the Town Council.
Section 3 -3 -3 Position Classification
A. Position classifications shall be maintained by the Human Resources Department for all
regular full -time and regular part-time positions in the classified and unclassified service.
B. Position classifications are descriptive only and are not restrictive in nature. The
omission of specific duties from a position classification does not exclude those duties
from the position if the work is related or a logical assignment to the position.
Supervisors may assign different tasks to a position within a classification when the
duties are similar in type and responsibility to those described in the classification
description.
C. The classification description does not constitute an employment agreement between
the Town and employee and is subject to change as the needs of the Town and the
requirements of the job change.
3-4
Revised: December 7, 2010
January 16, 2009
June 19, 2007
Study Session - August 9, 2011 - Page 66 of 142
CHAPTER 3
MAIMA COMPENSATION
D. When the duties or responsibilities of a position have changed significantly, the Town
Manager will ensure that the position is reclassified accordingly.
Section 3 -3-4 Position Classification Review
Whenever a reorganization, change in job content or Town Council action causes the duties
of a position to change or creates the need for a new position, or a position otherwise
appears to have been incorrectly classified, the Town Manager may reclassify the position
to a more appropriate classification.
A. The Town Manager, in consultation with the Human Resources Director, shall establish
an Administrative Directive outlining the process for review of a specific position
classification and for review of the classification plan as a whole.
B. If there has been a significant change or a gradual accretion of duties and
responsibilities over the period of one year, an employee, a Department Head or the
chain of authority above the level of Department Head may submit a written request to
the Human Resources Department to determine if a review of the position is warranted.
Such review shall require the completion of a position description questionnaire.
C. When there is any substantial change, addition, or deletion to the duties assigned to a
position, the Department Head or the chain of authority above the level of Department
Head, where applicable will provide a completed position description questionnaire to
the Human Resources Director.
D. An employee whose position is reclassified will be transferred, promoted, demoted, or
laid off in accordance with applicable provisions in these Personnel Policies and
Procedures. If the reclassification results in a demotion, and if the employee remains in
the reclassified position, then the employee will be considered to have taken a voluntary
demotion.
E. Implementation of a reclassification and any related pay change shall be prospective
and is effective when the classification is approved by the Town Manager. Any pay
increase, if applicable, shall be subject to the limits on pay increases that govern pay
upon promotion.
F. A position classification review decision is not subject to appeal under the personnel
action review procedures set forth in Chapter 5 of these Personnel Policies and
Procedures.
3 -5
Revised: December 7, 2010
January 16, 2009
June 19, 2007
Study Session - August 9, 2011 - Page 67 of 142
no CHAPTER 3
MAMA COMPENSATION
Policy 3-4 COMPENSATION PLAN
The total compensation program for the Town of Marana is comprised of salary/wages, benefits
and other less tangible elements that are of value to employees such as the work environment,
security, career opportunities and overall health. Each element plays a role in the Town's pay
strategy.
Section 3-4 -1 Total Pay Philosophy
A. Salary: The Town provides pay opportunity (e.g. grades or steps) that is designed to
provide managers flexibility and to provide at- or above - market median cash
compensation to those employees who are strong performers and consistently make
contributions to the Town's success. The market is regularly assessed to ensure that
salary grades remain competitive.
B. Market: The Town's market is defined as public and private sector employers similar to
Marana in size and complexity and in locations where the Town looks to secure labor
talent.
C. Benefits: The Town's benefits in total are targeted to provide above average value to its
employees. Each individual benefit program is designed to provide an employee with
security in case of unforeseen events and for retirement.
Section 3-4 -2 Compensation Plan /Salary Schedule Adjustments
All general salary increases, market adjustments, pay for performance increases or other
modifications to the compensation plan and /or salary schedule require the approval of the
Town Council. Amendments and revisions shall be submitted to the Town Council through
the Town Manager.
Section 3-4 -3 No Right of Appeal
The establishment of a compensation plan, including salary schedules, allocation of
classifications to a specific salary grade, assignment of pay to an employee and changes or
adjustments to the compensation plan, are not subject to appeal under the personnel action
review procedures set forth in Chapter 5 of these Personnel Policies and Procedures,
unless a change in pay is the result of a disciplinary action that is subject to the personnel
action review procedures.
3 -6
Revised: December 7, 2010
January 16, 2009
June 19, 2007
Study Session - August 9, 2011 - Page 68 of 142
CHAPTER 3
MA COMPENSATION
Policy 3 -6 PERFORMANCE MANAGEMENT
The Town's performance management program relies on a system of establishing goals,
strategies and performance benchmarks for the organization and then identifying how individual
and team efforts contribute to the overall achievement of Town strategic objectives. Each
employee is an important part of the Town's overall success in its mission to serve the citizens
of Marana. An employee's performance is directly linked to his or her compensation. The Town
Manager is responsible for establishing a systematic process for the ongoing evaluation of
organizational and employee performance. At a minimum, this system will link to Town -wide
goals and strategies, set appropriate expectations, share ongoing and timely feedback, provide
opportunities for coaching and distinguish between levels of performance. The Human
Resources Director shall be responsible for ensuring implementation of an employee
performance management system.
Section 3 -6 -1 Initial Evaluation Period
The initial evaluation period is a period of time constituting the final step in the screening
process for appointment to a regular full- or part-time classified service position. Employees
shall be evaluated at least once during their initial evaluation period; however, managers
and supervisors are encouraged to evaluate employees more often to provide ongoing
feedback.
A. Except for employees in the Police Department as otherwise provided in this section, all
full- and part-time employees hired in a classified service position, laterally transferred to
a classified service position in a different classification title or in a different department
than the employee was in prior to transfer or demoted or promoted from one classified
service position to another shall serve in an initial evaluation period for six months from
the date of hire, transfer, demotion or promotion. However, an employee laterally
transferred or demoted will not be required to complete an initial evaluation period in the
new position if the employee has previously completed an initial evaluation period in the
same classification and in the same department.
B. All full- and part-time employees hired in a classified service position in the Police
Department, laterally transferred within the Police Department to a classified service
position in a different classification title than the employee occupied prior to transfer or
demoted or promoted from one classified service position in the Police Department to
another, shall serve in an initial evaluation period for 12 to 16 months from the date of
hire, transfer, demotion or promotion as provided in this section, except that a demoted
employee will not be required to complete an initial evaluation in the new position if the
employee has previously completed an initial evaluation period in the same classification
within the Police Department.
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1. Newly hired civilian employees, laterally transferred civilian and Arizona Peace
Officer Standards and Training (AZPOST)- certified employees and promoted civilian
and AZPOST- certified employees in the classified service in the Police Department
shall serve in an initial evaluation period for 12 months from the date of hire, transfer
or promotion. Demoted civilian and AZPOST- certified employees in the classified
service in the Police Department who are required to serve in an initial evaluation
period shall serve in an initial evaluation period for 12 months from the date of
demotion.
2. Newly hired employees who will begin their employment with the Town by attending
a police academy shall serve in an initial evaluation period for 16 months from the
date of hire.
C. Notwithstanding the provisions of this section, an employee who is demoted, promoted
or transferred due to a reclassification of a position and who has been performing the
duties of the reclassified position for six months or longer prior to the reclassification, will
not be required to complete an initial evaluation period in the reclassified position.
D. Employees who are required to complete an initial evaluation period pursuant to this
section will not be considered finally appointed to a full- or part-time classified service
position until successful completion of the initial evaluation period. Successful
completion of the initial evaluation period is evidenced by a satisfactory or higher rating
on a performance appraisal document which must be completed and reviewed at least
one week prior to the date that the employee's initial evaluation period is scheduled to
conclude. Notwithstanding the one -week time frame discussed in this paragraph,
managers and supervisors shall review and discuss performance deficiencies with
employees as soon as possible to allow the employee the opportunity to correct the
deficiencies prior to the completion of the initial evaluation period. Employees serving in
an initial evaluation period of 16 months shall be evaluated at least two times during the
initial evaluation period, once at 12 months and once at the scheduled conclusion of the
initial evaluation period. The Human Resources Department is responsible for
maintaining records of employee appointments and promotions and the duration of initial
evaluation periods. Department heads or the chain of authority above the level of
Department Head, where applicable are responsible for ensuring that training, informal
feedback about performance, and formal performance appraisals are completed in a
timely manner during the initial evaluation period.
E. Employees serving in an initial evaluation period are at -will employees as defined in
these Personnel Policies and Procedures. As such, during the initial evaluation period,
employment may be terminated at any time, with or without cause. The decision to
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terminate employment shall be made by the employee's Department Head or the chain
of authority above the level of Department Head, where applicable after consultation with
and approval by the Human Resources Director. The employee must be notified in
writing that he or she has failed to successfully complete the initial evaluation period
prior to the conclusion of the initial evaluation period. If the employee is not notified of
unsuccessful completion prior to the conclusion of the initial evaluation period, the
employee will be considered to have successfully completed the initial evaluation period.
The decision to terminate employment during the initial evaluation period is not subject
to appeal under the personnel action review procedures set forth in Chapter 5 of these
Personnel Policies and Procedures
F. Notwithstanding that an employee serving an initial evaluation period as a lateral transfer
or in a promotional position is an at -will employee, the employee who does not
successfully complete the initial evaluation period in a transfer or promotional position
may be restored to his or her former position. Such restoration is not mandatory, but is
optional at the discretion of the Town and within the limits of available authorized
positions. If an employee is restored to his or her former position, restoration shall
include restoration of the employee's former pay and all other benefits to which he or
she would have been entitled if the transfer or promotion had not occurred, except that
any compensatory time that was paid out to an employee who transferred or promoted
into an exempt position will not be restored if the employee returns to a non - exempt
position.
Section 3 -5 -2 Extension of the Initial Evaluation Period
The Town may extend an employee's initial evaluation period if it is determined that more
time is necessary to evaluate the performance of the employee. All extensions of the initial
evaluation period shall be approved by the Department Head or the chain of authority above
the level of Department Head, where applicable and the Human Resources Department.
The employee shall receive a written notice of the extension no later than the last day of the
initial evaluation period. If the employee is unavailable to receive such a notice in person,
the Town shall send a letter to the last known address of the employee on file with the
Human Resources Department. In either case, the date of the letter shall be deemed the
effective date of the notice. A copy of the notice of extension will be forwarded to the
Human Resources Department for inclusion in the employee's personnel file. Under no
circumstances may the total time for the initial evaluation period exceed 24 months. The
initial evaluation period may be extended under, but not limited to, the following
circumstances.
A. The employee has had a leave of absence during the initial evaluation period that
exceeds 15 calendar days.
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B. The employee's performance is not satisfactory, but the Department Head believes that
with more time and supervision the employee may succeed in the position. In such
cases, the Department Head shall develop a documented plan of action for
improvement.
C. Supervisor continuity is interrupted during the initial evaluation period.
D. The work assigned to the employee's position is cyclical and the initial evaluation period
did not provide an opportunity to adequately evaluate all aspects of an employee's
performance.
Section 3 -5 -3 Performance Management Process
A. Classified employees who have completed the initial evaluation period and whose
positions are not on a step pay plan shall receive a formal performance appraisal
document once per year. This appraisal shall be for the performance period covering
the prior fiscal year, beginning on July 1 and ending on June 30.
B. Classified employees who have completed the initial evaluation period and whose
positions are on a step pay plan shall receive a formal performance appraisal document
once per year on the anniversary of the employee's completion of the initial evaluation
period, except for those employees who serve an initial evaluation period of 16 months.
For those employees who serve an initial evaluation period of 16 months, the employee
shall receive a formal appraisal document once per year on the anniversary of the
employee's date of hire. This appraisal shall be for the performance period covered
during the prior year, from anniversary date to anniversary date.
C. Department Heads or the chain of authority above the level of Department Head, where
applicable and supervisors shall recommend an appropriate performance appraisal
rating based on the Town's pay for performance guidelines.
D. Opportunities for adjustments to pay based on performance are established by the Town
Council each year as part of the annual budget process. The amount of funds available
for merit increases are subject to economic conditions and the Town's ability to pay.
E. If an employee disagrees with his or her performance appraisal document, the employee
may request a meeting to discuss the appraisal with the Department Head within three
working days of the employee's receipt of the performance appraisal document. If the
Department Head prepared the employee's performance appraisal document, the
employee may request a meeting with the appropriate person in the chain of authority
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above the level of Department Head within the three -day time period. After the meeting,
if the employee continues to disagree with the performance appraisal document, the
employee may submit a written rebuttal which will be filed in the employee's personnel
file in the Human Resources Department. Performance appraisals are not subject to
appeal under the personnel action review procedures set forth in Chapter 5 of these
Personnel Policies and Procedures.
F. The final employee performance evaluation and the employee's written rebuttal, if any,
shall become a permanent part of the employee's official personnel file and will remain
filed for the length of time required by law.
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Policy 3 -6 PAYROLL PROCEDURES
Regular Town employees are paid biweekly. If a pay date falls on a holiday, the day of pay
shall be the last working day preceding the normal pay date. There are 26 pay periods in the
calendar year.
Section 3 -6 -1 Time Sheets and Payroll Records
A. All non - exempt employees shall complete time sheets documenting the number of hours
worked, as well as any leave taken, in each pay period. The employee's direct
supervisor shall sign the time sheet verifying the employee's hours worked and leave
taken. If the employee used any leave time during the pay period, a leave authorization
request shall be attached to the time sheet. The employee's department payroll liaison
shall submit the time sheet to the Finance Department by the deadline established by
Finance for each pay period.
B. All exempt employees shall complete an attendance record which documents leave
taken each pay period. The attendance record shall be signed by the employee's direct
supervisor verifying any leave taken. Leave authorization requests shall also be signed
by the exempt employee's supervisor and retained by the employee until the pay period
in which the leave is taken. Leave authorization requests shall be attached to the
attendance record and submitted to the Finance Department by the deadline established
by Finance for each pay period.
C. Payroll records shall be maintained by the Town in accordance with the Town's records
retention schedule.
D. The Finance Department is responsible for answering inquiries concerning payroll
matters. The Finance Department and the Human Resources Department will work
collaboratively to resolve pay inquiries in an expeditious manner.
E. Falsification of time sheets, attendance records or leave authorization requests is
grounds for disciplinary action, up to and including termination
Section 3 -6 -2 Pay Checks
A. Checks are distributed by the Finance Department to each department by noon on the
Friday following the close of the pay period, unless that day is a Town - recognized
holiday. If the distribution date falls on a Town - recognized holiday, the Finance
Department shall select and coordinate an alternate distribution date.
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B. With each pay check, employees receive a statement of earnings, deductions, leave
balances and compensatory time balance for the period covered by the payment.
C. In the absence of direct deposit, checks for those who are on leave on the regular pay
date will be held by the Finance Department until the employee returns to work.
D. An employee's pay check may be released to the employee's spouse, designated family
member or to another person only if authorized in writing and in advance by the
employee.
E. Employees are expected to cash their pay checks on their personal time.
Section 3 -6 -3 Payroll Deductions
A. Mandatory deductions required by law shall be withheld from all employees' paychecks
each pay period. These include, but are not limited to, state - mandated retirement
contributions, federal income tax, state income tax, Social Security and Medicare (FICA)
and any legal wage garnishment.
B. Voluntary deductions require an employee's written authorization. Examples include,
but are not limited to, direct deposit, deferred compensation, United Way contributions,
dependent health insurance coverage and supplemental health insurance.
Section 3 -6-4 Pay Advances
The Town of Marana does not grant requests for pay in advance of the regular pay day.
Section 3 -6 -5 Payroll Errors
Occasionally, a payroll error will occur regarding an employee's wages. If an employee
becomes aware of a payroll error, either an overpayment or an underpayment of wages, the
employee shall provide written notice to the employee's supervisor and to the Finance
Director or designee as soon as the employee becomes aware of the error. Likewise, the
Finance Director or designee shall provide written notice to an employee of a payroll error
as soon as the Finance Department becomes aware of the error. Once an error has been
discovered, the Finance Department will initiate a correction as follows:
A. If the employee has been underpaid due to an error made by the Finance Department,
the Finance Department will run a special payroll as soon as practical.
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B. If the employee has been underpaid due to an error made by the employee or the
department payroll liaison, the Finance Department will make the appropriate adjustment
in pay at the next regular pay cycle.
C. if the employee has been overpaid due to an error made by the employee, the
department payroll liaison or the Finance Department, the employee will be required to
reimburse the Town for the overpayment. The Finance Department will make every
effort to establish a repayment schedule that meets the Finance Department's
responsibility to recoup public funds in a timely manner and incorporates consideration
for the employee's ability to repay.
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Policy 3 -7 WAGES AND HOURS
Section 3 -7 -1 Work Week
The work week will generally consist of five days within a 40 hour week or as determined
otherwise by the Town Manager. The Town Manager may establish alternative or flexible
work schedules, but at no time shall those schedules interfere with the normal operations of
the Town government. A work week generally begins every Saturday at 12:01 A.M. and
ends the following Friday at 12:00 midnight. The Town Manager, the General Manager or
the Department Head may stagger, rearrange and adjust the work hours of employees to
enable the Town to keep offices open at all times required. A supervisor may require any
employee to temporarily perform service in excess of 40 hours in a five day week when
necessary to maintain Town operations. When such work is required, the overtime and
compensatory time provisions in these Personnel Policies and Procedures and state and
federal law shall apply.
Section 3 -7 -2 Overtime Eligibility
As part of the classification plan, the Human Resources Director shall evaluate the body of
work for a position classification and determine if employees in that position classification
are subject to the provisions of the Fair Labor Standards Act (FLSA). Position classifications
shall either be exempt or non - exempt from the provisions of the FLSA, as defined in these
Personnel Policies and Procedures and state and federal law. The Human Resources
Director shall employ all evaluation techniques and methods prescribed by the FLSA for
determining the overtime status of a position classification. The Human Resources Director
is responsible for continually reviewing and updating the FLSA status of position
classifications. All employees in unclassified positions are exempt from the FLSA, as being
a part of a responsive management team.
Section 3 -7 -3 Overtime and Compensatory Time
It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime
work may be necessary to handle emergency situations and to meet seasonal or peak
workload requirements of a critical nature. Department Heads and General Managers are
responsible for the planning required to minimize the need for overtime. The provisions of
this section apply only to non - exempt employees.
A. Whenever a nonexempt employee is required to work more than 40 hours in a work
week, the employee shall be compensated for the hours worked in excess of 40 at the
rate of one and one -half times the employee's regular base rate of pay. In the
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alternative, the employee may take one and one -half hours of compensatory time off for
each hour worked in excess of 40 hours in a work week.
B. The employee shall designate whether he or she desires to receive pay at the rate of
one and one -half the employee's regular base pay rate or compensatory time off at the
time the overtime is documented on the payroll time sheet. An employee is not required
to accept compensatory time in lieu of overtime pay unless the employee agrees to this
arrangement before the employee performs the overtime work.
C. Hours worked for purposes of calculation of overtime shall be defined as time on the job
performing a responsible work assignment.
D. Time shall begin once the employee is at the work station or at the call origination for
emergencies.
E. Vacation, sick, holiday and other leave shall not be considered time worked and shall be
deducted from hours worked during overtime calculation for each work week.
F. Hours actually worked on Town - approved holidays shall be included as hours worked for
the purposes of calculating overtime in a work week.
G. Pay for work beyond an employee's regularly scheduled work day or work week will be
at the straight time hourly pay rate unless and until the employee has actually worked
more than 40 hours in a work week.
H. The Department Head or General Manager must specifically authorize the rendering of
overtime services. Employees shall obtain such authorization prior to working any
overtime, unless the overtime is deemed to be an emergency by the Department Head
or General Manager.
I. An employee's compensatory time balance must not exceed 80 hours. The Town
Manager may make an exception to the accumulated compensatory time balance as
recommended by the Department Head or General Manager.
J. The following provisions apply to the use of compensatory time:
1. Compensatory time may not be used before it is accrued.
2. An employee must submit a written request in advance to use compensatory time.
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3. Requests to use compensatory time will be approved unless the employee's
absence during the period requested will unduly disrupt Town or department
operations.
4. Compensatory time must be used during the calendar year in which it is accrued
unless this is not feasible due to work demands. The employee may then request,
and the Department Head or General Manager may approve, the carryover of a
maximum of 40 hours of accrued compensatory time.
5. Compensatory hours that have been carried over must be used within the first
quarter of the new calendar year.
K. Payment for accrued but unused compensatory time is as follows:
1. Employees will be paid in the pay period that includes December 31 for all accrued
compensatory time not carried over into the following year.
2. If an employee is terminated or otherwise separates from employment while in a
non - exempt position, the employee will be paid for all accrued compensatory time.
3. If an employee is promoted into an exempt position, the employee will be paid for all
accrued compensatory time prior to the effective date of the promotion at his or her
rate of pay in the non - exempt position.
L. Nothing in this policy shall be construed to contravene the provisions of the Fair Labor
Standards Act (FLSA).
Section 3 -7-4 Exempt Employees
A. The overtime provisions of this policy shall not apply to employees whose positions have
been determined to be exempt from the provisions of the FLSA. FLSA exempt
employees are expected to work the hours necessary to satisfactorily perform their jobs.
FLSA exempt employees may be required to work a specified schedule set by their
supervisor.
B. The Town prohibits any deductions from FLSA exempt employees' pay that are improper
under the FLSA. If an FLSA exempt employee believes that an improper deduction has
been made to his or her salary, the employee should immediately report this information
to his or her direct supervisor, the Department Head or General Manager or to the
Human Resources Director. The Town will promptly investigate reports of improper
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deductions. If the Town determines that an improper deduction has occurred, the Town
will promptly reimburse the employee for the improper deduction.
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Policy 3 -8 HOLIDAY PAY
It is the policy of the Town to grant paid time off to eligible employees on the Town
Council- approved holidays listed in Chapter 4 of these Personnel Policies and Procedures.
However, if a non - exempt employee is required to work on a Town - approved holiday, the
employee is also eligible for holiday pay.
Section 3-8 -1 Calculation of Holiday Pay
A. Full -time non - exempt employees who are required to work on a Town - approved holiday
shall be GOmpeRsated fnr eight hGUF6 raid time fnr the ho li day paid holiday pay for the
number of hours they are regularly scheduled to work plus their regular rate of pay for
time actually worked on the holiday.
B. Part-time non - exempt employees who are required to work on a Town - approved holiday
shall be compensated paid time for the holiday, prorated to the employee's normal work
schedule, plus their regular rate of pay for time actually worked on the holiday.
C. Holiday pay will be at the employee's regular base rate of pay unless the employee
works more than 40 hours in the work week that includes the holiday. Hours in excess
of 40 hours in the work week shall be compensated according to the overtime and
compensatory rules set forth in this Chapter.
Section 3-8 -2 Exempt Employees
FLSA exempt employees are expected to work the hours necessary to satisfactorily perform
their jobs. Exempt employees will receive their normal rate of pay for the work week
regardless of whether or not they work on a Town - approved holiday and regardless of
whether they are on a standard or alternative work schedule.
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Policy 3 -9 ADJUSTMENTS TO PAY
Section 3 -9 -1 Promotion
A. The Town encourages succession planning to develop in -house talent for promotional
opportunities. Generally, promotions are made using a competitive recruitment process.
With sufficient justification and the approval of the Human Resources Director, a
competitive recruitment process may be restricted to internal applicants or waived
entirely for promotional opportunities. Internal candidates who are selected for a
promotional position must possess all of the minimum qualifications for the position upon
hire, unless the Human Resources Director or designee approves an exception that
allows the employee to attain a particular certification or other requirement as a condition
of successful completion of the initial evaluation period.
B. Upon promotion, an employee shall receive a pay increase of five percent above the
employee's regular base rate of pay prior to the promotion or to the minimum level of the
salary grade for the promotional position, whichever is greater. In extenuating
circumstances, the Town Manager or designee may consider additional pay at the time
of promotion; however, in no circumstance shall the promoted employee's rate of pay
exceed the salaries of incumbents in the same or similar positions.
Section 3 -9 -2 Demotion
A. An employee may move to a position in a lower classification due to reorganization,
reclassification or reduction in force. In these situations, the employee's salary shall be
reduced to an amount that does not exceed the maximum of the new salary grade. If
the employee's salary in the higher classification does not exceed the rate of pay for the
new salary grade, the employee's salary may remain unchanged upon the
recommendation of the Human Resources Director and approval of the Town Manager
or designee.
B. An employee may move to a position in a lower classification due to performance issues
or disciplinary action. In these situations, the employee's salary shall be reduced by the
percentage difference between the mid -point of the higher classification salary grade
and the mid -point of the lower classification salary grade.
Section 3 -9 -3 Lateral Transfer
A lateral transfer occurs when an employee transfers from one position to another position
in the same salary grade. There shall be no change to the employee's salary for a lateral
transfer.
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Section 3 -9-4 Reclassification
A. When a position is reclassified to a classification at a higher salary grade, employees in
that position shall be eligible for the same pay increase as provided upon promotion.
B. When a position is reclassified to a classification at a lower salary grade, the salaries of
employees in that position may be "frozen" or "redlined" until the employees' salaries are
at or below the top of the salary grade for the new classification. Salaries shall only be
frozen or redlined upon the recommendation of the Human Resources Director and
approval of the Town Manager or designee. When salaries are frozen or red -lined due to
a reclassification to a lower classification, employees may only receive lump sum
performance awards until their salary is at or below the top of the salary grade for the
new classification.
C. When a position is reclassified to a classification at the same salary grade, the salaries
of employees in that position will ordinarily not change. However, the Department Head
or General Manager may recommend a change in salary grade to the Human Resources
Director in order to address an extraordinary circumstance. The Human Resources
Director shall review the recommendation and then make a recommendation to the
Town Manager. The Town Manager's decision is final and is not subject to appeal under
the personnel action review procedures set forth in Chapter 5 of these Personnel
Policies and Procedures.
Section 3 -9 -5 Effective Date of Pay Changes
A. Changes in pay rate, benefits, classification, working conditions and employment status
shall be documented on a Personnel Action Form (PAF) signed by the Department
Head, the chain of authority above the level of Department Head, where applicable, the
Human Resources Director, the Finance Director and the Town Manager or designee.
The PAF shall be made a part of the employment history record of the employee. No
change to an employee's pay rate, benefits, classification, working conditions or
employment status shall be implemented unless accompanied by an approved PAF.
B. Unless otherwise specified in these Personnel Policies and Procedures or by Town
Council action, the effective date of adjustments to pay shall be the first day of the next
pay period after the adjustment is made. Adjustments to pay for employees on unpaid
leaves of absence shall be implemented upon the employee's return to work.
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Section 3 -9 -6 Special Assignment Pay
A. Special assignment pay may be provided to employees who are engaged in one of the
following activities:
1. Working out -of- classification in a higher level classification
2. Performing additional duties outside of the scope of the employee's regular
classification for a limited period of time, such as assuming some or all of the
responsibilities of a vacant position
3. Serving in a lead or supervisory role when the employee's regular position does not
require lead or supervisory responsibilities
B. Special assignment pay begins when the employee is assigned the additional duties or
begins working out of classification.
C. Special assignment pay shall normally be at the rate of five percent of the employee's
regular base rate of pay. If an employee assumes the full responsibilities of a vacant
position in a higher classification, special assignment pay shall be at the rate of five
percent of the employee's regular base rate of pay unless this increase does not raise
the employee's salary to the minimum salary for the higher classification. In that case,
the employee's salary shall be raised to the minimum of the higher salary grade.
Additionally, the Human Resources Director may recommend special assignment pay of
up to 10 percent of the employee's regular base rate of pay in extenuating
circumstances.
D. The Department Head or the chain of authority above the level of Department Head,
where applicable must request special assignment pay in writing. All special assignment
pay must be approved by the Human Resources Director and the Town Manager or
designee. Special assignment pay shall be approved in six month increments, not to
exceed a total of one year.
E. Any increases to base pay that are made while an employee is receiving special
assignment pay, such as pay for performance awards, general increases or market
adjustments, shall be calculated using the employee's regular base rate of pay before
the application of the special assignment pay. The special assignment pay may be
recalculated after increases are added to the employee's base rate of pay.
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Section 3 -9 -7 Call -Out Pay
When a non - exempt employee is called back to regular duty more than one hour after
leaving Town facilities at a time other than the employee's regular assigned shift, to perform
unscheduled duties which are in excess of the employee's regular hours of work, the
employee will receive a minimum of two hours pay each time called out, or the actual time
worked, whichever is greater. Calculation of the actual hours worked shall begin at the time
of the call -out and shall include travel time to and from the place the employee is directed to
report to work. The Department Head or designee or the chain of authority above the level
of Department Head, where applicable must authorize all call outs.
Section 3 -9 -8 On -Call /Stand -By Assignments; On -Call /Stand -By Pay
The Town Manager may designate certain non - exempt positions as eligible to receive
on -call and /or stand -by pay based on the need for 24 hours per day, 7 days per week
coverage and emergency response requirements. Department Heads or those in the chain
of authority above the level of Department Head who have such positions in their
chain -of- command shall determine the length, duration and rotation of on -call or stand -by
assignments. The rate of pay for on -call and stand -by assignments shall be determined by
the Town Manager based on budget capacity with consideration given to the rates paid for
comparable assignments in other jurisdictions that make up the Town's market for the
purposes of surveying pay and benefits.
Section 3 -9 -9 Shift Differential Pay
Shift differential pay shall be provided to non - exempt employees for any hours worked
between 6:00 p.m and 6:00 a.m. Shift differential pay is an hourly amount added to the
employee's regular base rate of pay. Shift differential pay shall be determined by the Town
Manager based on budget capacity with consideration given to the shift differential rates
paid in other jurisdictions that make up the Town's market for the purposes of surveying pay
and benefits.
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Policy 3 -10 EMERGENCY CLOSURES
Emergencies such as severe weather, fires, power failures or floods can disrupt Town
operations and may require the closing of a work facility. Closing of a work facility is at the sole
discretion of the Mayor, Town Council or Town Manager. In the event that an emergency
occurs during non - working hours, Department Heads or those in the chain of authority above
the level of Department Head will be responsible for notifying the affected employees.
Section 3 -10 -1 Pay During Emergency Closures
A. When operations of the Town or any part of the Town are officially closed due to
emergency conditions, the time off from scheduled work will be paid.
B. Employees in essential operations may be asked to work because of emergency
conditions on a day when non - essential operations are officially closed. If the hours
worked are within the normally scheduled work day and work schedule, the employee
will receive the regular base rate of pay. Any hours actually worked during an
emergency closure shall be included as hours worked for the purposes of calculating
overtime in a work week.
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Policy 3 -11 VEHICLE ALLOWANCE/TAKE -HOME VEHICLES
The Town Manager may authorize a monthly vehicle allowance or the use of a Town take -home
vehicle for certain employees. The Town Manager shall take into consideration the amount and
type of local travel required of a position when granting a vehicle allowance or providing a Town,
take -home vehicle.
Section 3 -11 -1 Unclassified Employees
A. The Town Manager may provide a vehicle allowance or take -home vehicle to
unclassified employees to compensate them for required frequent travel to meetings and
work assignments throughout the Town and Pima County.
B. The Town Manager may authorize the use of a Town take -home vehicle in lieu of a
monthly vehicle allowance for an unclassified employee when using a Town vehicle
results in operational efficiencies. In authorizing a Town take -home vehicle, the Town
Manager shall take into consideration whether the employee must be routinely available
for immediate emergency response, routinely carries and accesses Town equipment in
the course of travel or routinely accesses areas that may be restricted to Town vehicles.
Section 3 -11 -2 Classified Employees
The Town Manager may authorize the use of a Town take -home vehicle for a classified
employee when using a Town vehicle results in operational efficiencies. In authorizing a
Town take -home vehicle, the Town Manager shall take into consideration whether the
employee must be routinely available for immediate emergency response, routinely carries
and accesses Town equipment in the course of travel or routinely accesses areas that may
be restricted to Town vehicles.
Section 3 -11 -3 Vehicle Allowance
A. The Town Manager shall establish monthly vehicle allowance rates within Town
Council- approved budgetary limits.
B. Employees who receive a monthly vehicle allowance may not use a Town vehicle as a
take -home vehicle and may not request mileage reimbursement for local travel within a
one -way direction of 25 miles from the employee's regular work location.
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Section 3 -11-4 Take -Home Vehicles
A Town employee who is authorized the use of a Town take -home vehicle may not receive a
vehicle allowance during the same time period.
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Policy 3 -12 RELOCATION AND INTERVIEW EXPENSES
Section 3 -12 -1 Relocation Expenses
A. The Town Manager, in his or her sole discretion, may authorize reimbursement of
relocation expenses for a newly hired unclassified employee in an amount of up to
$5,000.
B. Reimbursement of relocation expenses shall be a one -time reimbursement, limited to the
cost of moving furniture and personal effects from the employee's current home to his or
her new home.
C. The reimbursement shall be treated as income to the employee.
D. The relocation and reimbursement of expenses must occur within the 12 -month period
following the unclassified employee's hire date.
E. Unclassified employees who are offered and accept reimbursement of relocation
expenses shall be required to sign an agreement as part of an initial offer of employment
letter indicating acceptance of all the terms of the relocation expense reimbursement.
Section 3 -12 -2 Interview Expenses
In an effort to attract and consider candidates with exceptional qualifications, and to ensure
a competitive interview pool, the Town Manager may, in his or her sole discretion, authorize
payment of travel expenses to and from an interview process at the Town of Marana for a
vacant, unclassified position. Only transportation and lodging expenses shall be considered
for reimbursement.
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Policy 3 -13 CONFLICT WITH MEMORANDUM OF UNDERSTANDING
Section 3 -13 -1 Conflict with Memorandum of Understanding
If any of the provisions of this Chapter conflict with the provisions of any memorandum of
understanding between the Town of Marana and a designated public safety employee
organization, as referenced in Title 4 of the Marana Town Code, the memorandum of
understanding shall govern for those positions that are subject to the provisions of the
memorandum of understanding.
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Policy 4 -1 VACATION LEAVE
The Town of Marana provides vacation leave with pay to eligible employees.
Section 4 -1 -1 Eligibility
Regular full- and part -time employees, including those serving in an initial evaluation period,
and term - limited temporary employees are eligible to earn vacation leave as described in
this policy.
Section 4 -1 -2 Accumulation of Vacation Leave
A. Eligible employees shall begin to accrue vacation leave on their effective date of hire.
The effective date of hire for police officer recruits is when they begin attendance at a
police academy.
B. An employee on any leave of absence without pay shall not accumulate vacation leave
during the unpaid leave.
C. Vacation leave accumulation is cumulative, up to the maximum number of hours
permitted by this policy.
Section 4 -1 -3 Rate of Accumulation
A. Eligible full -time employees shall accumulate paid vacation leave at the rate shown in
the following schedule:
Vacation Accrual Rate
Length of Service Vacation Days Each Year
0 to 5 years 10 days (3.08 hrs per pay period)
> 5 - 10 years 15 days (4.62 hrs per pay period)
> 10 years 20 days (6.15 hrs per pay period))
B. Eligible part -time employees shall accumulate a prorated amount of vacation leave each
pay period based on the number of hours per week that they are officially scheduled to
work.
C. For purposes of determining length of service, the year noted begins on the day after the
preceding anniversary. For example, an employee shall be employed for greater than
( >) five years on the day after the employee's fifth anniversary; therefore, the employee
shall begin earning at the higher accrual rate as of that date.
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D. Military leave shall be credited toward an employee's length of service for purposes of
vacation leave accumulation.
E. Notwithstanding the provisions of this section, as an incentive to recruit key employees,
upon hiring an employee in an unclassified position, the Town Manager may negotiate a
vacation accrual rate in excess of the initial vacation accrual rate specified in this
section. However, in no event shall the Town Manager negotiate a vacation accrual rate
of more than 4.62 hours per pay period.
Section 4 -1-4 Maximum Accumulated Hours Permitted
A. An employee's accumulated vacation leave balance shall not be permitted to exceed
240 hours. Therefore, employees shall not be credited for vacation leave in excess of
240 hours. Employees who are approaching the 240 hour cut -off shall be notified by the
Finance Department of their vacation leave balance and given the opportunity to request
vacation leave before vacation leave hours are forfeited.
B. The Town Manager may approve an exception to this provision under exceptional
circumstances.
Section 4 -1 -5 Request for Vacation Leave
A. Eligible employees may request to use vacation leave after 180 days of employment.
B. Employees shall submit vacation leave requests to their supervisor before taking any
time off. Requests will be reviewed based on a number of factors, including Town needs
and staffing requirements.
Section 4 -1 -6 Vacation Leave Pay
Vacation leave shall be paid at the employee's base rate of pay at the time of the leave.
Vacation leave pay shall not include overtime or any adjustments to pay such as shift
differential or special assignment pay.
Section 4 -1 -7 Payment of Vacation Leave Upon Termination of Employment
A. Upon termination of employment, employees shall be paid at their base rate of pay for
any unused accumulated vacation leave earned through the last day of work.
B. This policy shall not apply if the Town Manager determines that the employee's
termination is the result of gross misconduct.
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Policy 4 -2 SICK LEAVE
The Town of Marana provides sick leave with pay to eligible employees.
Section 4 -2 -1 Eligibility
Regular full- and part-time employees, including those serving in an initial evaluation period,
and term - limited temporary employees are eligible to earn sick leave as described in this
policy.
Section 4 -2 -2 Accumulation of Sick Leave
A. Eligible employees begin to accrue sick leave on their effective date of hire. The
effective date of hire for police officer recruits is when they begin attendance at a police
academy.
B. An employee on any leave of absence without pay shall not accumulate sick leave
during the unpaid leave.
C. Sick leave shall accumulate without limit.
Section 4 -2 -3 Rate of Accumulation
A. Eligible full -time employees shall accumulate sick leave at the rate of 3.08 hours per pay
period.
B. Eligible part-time employees shall accumulate a prorated amount of sick leave each pay
period based on the number of hours per week that they are officially scheduled to work.
Section 4 -2-4 Permitted Uses
A. Eligible employees may use sick leave after 30 days of employment.
B. Sick leave is intended solely to provide income protection in the event of illness or injury.
Eligible employees shall be permitted to use sick leave for the following reasons:
1. Personal illness, disease or injury and travel time to and from a physician's office
2. Medical conditions that prevent the employee from performing assigned tasks
3. Surgical, medical, dental or optical treatments, examinations or fittings that must be
made during working hours
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4. Illness of immediate family member and related travel time to and from a physician's
office. For purposes of this policy, the immediate family shall consist of the spouse,
children, parents, grandparents, brothers, sisters or other individuals whose
relationship to the employee is that of a dependent. A relative who, because of
family circumstances, has been a parent substitute to the employee may be
considered the mother or father in this definition.
Section 4 -2 -5 Notification to Supervisor
A. Employees who are unable to report to work due to illness or injury shall notify their
direct supervisor before the scheduled start of their work day.
B. The direct supervisor must also be contacted on each additional day of absence unless
the employee is on FMLA leave or has notified the supervisor in advance of the number
of days the employee will be absent.
Section 4 -2 -6 Medical Verification
A. If an employee is absent for three or more consecutive days due to illness or injury, the
employee's supervisor or Department Head may request a statement from a licensed
health care provider verifying the existence of the illness or injury and its beginning and
expected ending dates.
B. If an employee exhibits an unusual pattern of sick leave absences, such as recurring
Monday and /or Friday absences or recurring absences the day immediately preceding
and /or immediately following a Town - approved holiday, the employee's supervisor or
Department Head may require a statement from a licensed health care provider verifying
the need for the sick leave absence. The supervisor or Department Head may require
the verification as a condition to receiving sick leave pay and /or to authorize that the
employee may safely return to work.
C. If the employee's Department Head determines that the verification provided by the
employee is inadequate, the absence may be charged to another category of leave or
considered leave without pay.
D. The employee's department shall forward medical verification statements to the Human
Resources Department.
Section 4 -2 -7 Additional Conditions of Eligibility
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A. As an additional condition of eligibility for sick leave benefits, an employee on an
extended leave must apply for any other available compensation and benefits that the
employee may be eligible to receive, such as Worker's Compensation or disability
insurance coverage.
B. Sick leave benefits may be used to supplement any payments that an employee is
eligible to receive from Worker's Compensation or any disability insurance programs
paid for by the Town.
C. The combination of any such disability payments and Town -paid sick leave benefits shall
not exceed the employee's normal weekly earnings.
Section 4 -2 -8 No Sick Leave Available
An employee who has a non -work related illness or injury and has exhausted accumulated
sick leave may request administrative leave without pay.
Section 4 -2 -9 Transfer of Sick Leave Hours to Vacation Leave
A. If an eligible employee who has successfully completed the initial evaluation period uses
less than 16 hours of sick leave during a calendar year, the employee may submit a
request to transfer the unused portion of the 16 hours, up to a maximum of 16 hours, to
vacation leave.
B. The employee must request the transfer in writing to the Finance Department by the
deadline set by the Finance Department. If an employee does not request the transfer,
the hours will not automatically be transferred.
C. Hours not transferred shall remain in the employee's sick leave balance each calendar
year until they are approved for use in accordance with the sick leave policies in this
chapter.
D. The employee's request to transfer sick leave hours to vacation leave shall be denied by
the Finance Department if the transferred hours would cause the employee's
accumulated vacation leave to exceed the maximum vacation leave hours allowed under
this chapter.
Section 4 -2 -10 Payment of Sick Leave Upon Termination of Employment
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A. Employees shall not be compensated for unused accumulated sick leave upon
termination of employment.
B. Unused accumulated sick leave shall be reinstated for an employee who is laid off if the
employee accepts re- employment with the Town within two years of the date of layoff.
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Policy 4 -3 PERSONAL LEAVE
The Town of Marana provides personal leave with pay to eligible employees.
Section 4 -3 -1 Eligibility
Regular full- and part -time employees, including those serving in an initial evaluation period,
and term - limited temporary employees are eligible for personal leave as described in this
policy.
Section 4 -3 -2 Amount of Personal Leave
A. Eligible full -time employees shall receive 16 hours of personal leave each calendar year.
B. Eligible part -time employees shall receive a prorated amount of personal leave each
calendar year based on the number of hours per week that they are officially scheduled
to work.
C. As an incentive to recruit and retain key employees, the Town Manager may, upon hiring
or in connection with an annual performance evaluation, grant additional personal leave,
up to an additional 40 hours per calendar year, to employees in the following categories.
1. Deputy or Assistant Town Managers
2. General Managers
3. Department Heads
4. Deputy or Assistant Department Heads with management responsibilities including
supervision of staff
D. If the Town Manager grants additional personal leave to an employee pursuant to
paragraph C of this section, the additional leave shall be granted to the employee for
subsequent calendar years unless and until the Town Manager, in his or her sole
discretion, determines that the employee's performance and /or workload no longer
justify the granting of additional personal leave. The Town Manager's decision regarding
personal leave is not subject to review under the personnel action review procedures set
forth in Chapter 5 of these Personnel Policies and Procedures.
Section 4 -3 -3 Request for Personal Leave
A. Eligible employees may request to use personal leave after 30 days of employment.
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B. Employees shall submit personal leave requests to their supervisor before taking any
time off. Requests will be reviewed based on a number of factors, including Town needs
and staffing requirements.
Section 4 -3-4 No Accumulation
Personal leave does not accumulate and is forfeited if not used within the calendar year that
it is received.
Section 4 -3 -5 Termination of Employment
Employees shall not be compensated for unused accumulated personal leave upon
termination of employment.
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Policy 4-4 HOLIDAYS
The Town of Marana provides paid time off to eligible employees for Town Council- approved
holidays. Regular Town operations are officially closed during these approved holidays.
Section 4-4 -1 Eligibility
Regular full- and part-time employees, including those serving in an initial evaluation period,
and term - limited temporary employees are eligible for paid time off on holidays as described
in this policy.
Section 4-4 -2 Town - Approved Holidays
A. The Town - approved holidays for each calendar year are as follows.
1. New Year's Day (January 1)
2. Martin Luther King, Jr. /Civil Rights Day (third Monday in January)
3. Presidents' Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veterans' Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. Day after Thanksgiving (fourth Friday in November)
10. Christmas Day (December 25)
B. The Town Council, at its sole discretion, may approve additional holidays in any
calendar year.
Section 4-4 -3 Amount of Paid Time Off for Town - Approved Holidays
A. Eligible full -time employees shall receive eight hGWF paid time off on Town - approved
holidays based on the number of hours they are regularly scheduled to work
IGAgeF thain h.-;;" ren-e-Age eight heurs paid time Off fA-F thP- TP.A.9A appFeved
S-. Eligible part-time employees shall receive a prorated amount of paid time off on
Town - approved holidays based on the number of hours per week that they are officially
scheduled to work.
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Section 4-4-4 Miscellaneous Rules
A. If a Town - approved holiday falls on a day when an eligible employee is on approved
paid vacation, personal or sick leave, the employee shall receive paid time off for the
Town - approved holiday and deductions will not be taken from the employee's vacation,
personal or sick leave balances for that day.
B. If a Town - approved holiday falls on an eligible employee's regularly scheduled day off,
the employee shall receive effi '�,s paid time off for that holiday based on the
number of hours they are regularly scheduled to work.
Section 4-4 -5 Exception
An employee who is in an unpaid status on the day immediately preceding or immediately
following a Town - approved holiday, excluding the employee's regularly scheduled day off,
shall not receive paid time off for the holiday.
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Policy 4 -5 MILITARY LEAVE
The Town of Marana shall grant a military leave of absence to any eligible employee to attend
scheduled drills or training or if called to active duty with the United States armed services.
Section 4 -5 -1 Eligibility
Employee eligibility for military leave shall be determined in accordance with the provisions
of applicable state and federal law.
Section 4 -5 -2 Paid Military Leave
A. An eligible employee ordered to military service shall be granted paid military leave of up
to 240 hours in any two consecutive years. For the purposes of this policy, "year" means
the fiscal year of the United States government. Leave which occurs on an employee's
regularly scheduled days off shall not be charged against the 240 -hour allotment.
B. For required military service exceeding the 240 -hour allotment, an employee shall be
granted leave without pay or may use accrued vacation, personal or compensatory
leave.
C. An employee ordered to military service shall provide his or her Department Head with
written notification of the leave, together with a copy of the employee's military orders.
The notification shall be provided at least one week before the start of the leave, if
practicable.
Section 4 -5 -3 No Break in Service
Time spent in active military service is not a break in service and shall be counted as
credited service.
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Policy 4 -6 BEREAVEMENT LEAVE
The Town of Marana provides bereavement leave to eligible employees.
Section 4 -6 -1 Eligibility
Regular full- and part -time employees, including those serving in an initial evaluation period,
and term - limited temporary employees are eligible to receive bereavement leave as
described in this policy.
Section 4 -6 -2 Amount of Bereavement Leave
A. Eligible employees shall receive up to three days bereavement leave for the death of an
immediate family member.
B. If travel outside the state is required, employees may be granted up to two additional
days bereavement leave at the discretion of the Department Head.
C. An employee may request to use any available paid leave balances for additional time
off as necessary.
Section 4 -6 -3 Request for Bereavement Leave
An employee shall submit a bereavement leave request to his or her supervisor as soon as
the need for the leave arises or as soon as possible thereafter. Supervisors shall approve
requests for bereavement leave in the absence of unusual Town operational requirements.
Section 4 -6-4 Definition of Immediate Family
For purposes of this policy, "immediate family" is defined as the employee's spouse, parent,
child, brother or sister, the employee's spouse's parent, child, brother or sister, the
employee's child's spouse, grandparents or grandchildren and any other person whose
association with the employee was similar to any of the above relationships.
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Policy 4 -7 FAMILY AND MEDICAL LEAVE
In accordance with the Family and Medical Leave Act (FMLA) of 1993 and the National Defense
Authorization Acts (NDAA) of 2008 and 2010, the Town of Marana provides job - protected family
and medical leaves of absence without pay to eligible employees who are temporarily unable to
work due to an FMLA - qualifying reason.
Section 4 -7 -1 Qualifying Reasons for FMLA Leave
Eligible employees may qualify for FMLA leave for one or more of the following reasons.
A. A serious health condition that renders the employee unable to perform the functions of
the employee's job.
B. The birth and care of a newborn child of the employee.
C. The placement with the employee of a child for adoption or foster care.
D. To care for the employee's spouse, child or parent with a serious health condition.
E. To care for a covered servicemember of the Armed Forces with a serious injury or
illness.
F. Any qualifying exigency related to the active duty or call to active duty of a covered
military member.
Section 4 -7 -2 Definitions
A. Covered military member. The employee's spouse, son, daughter or parent on active
duty status or call to active duty status as either a member of the regular component of
the Armed Forces or a member of the Reserve components of the Armed Forces or a
retired member of the regular Armed Forces or Reserve.
B. Covered servicemember. The employee's spouse, son, daughter, parent or next of kin,
as defined by federal regulations, who is either of the following:
1. A current member of the Armed Forces, including a member of the National Guard or
Reserves, who has a serious injury or illness or who is otherwise in outpatient status
or is otherwise on the temporary disability retired list.
2. A veteran who is undergoing medical treatment, recuperation or therapy for a serious
injury or illness and who was a member of the Armed Forces, including the National
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Guard or Reserves, at any time during the period of five years preceding the date on
which the veteran undergoes that medical treatment, recuperation or therapy.
C. Health care provider. Health care providers who may provide certification of a serious
health condition include:
1. Doctors of medicine or osteopathy authorized to practice medicine or surgery (as
appropriate) by the state in which the doctor practices
2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to
treatment consisting of manual manipulation of the spine to correct a subluxation as
demonstrated by X -ray to exist) authorized to practice in the state and performing
within the scope of their practice under state law
3. Nurse practitioners, nurse - midwives, and clinical social workers authorized to
practice under state law and performing within the scope of their practice as defined
under state law
4. Christian Science practitioners listed with the First Church of Christ, Scientist in
Boston, Massachusetts
5. Any health care provider recognized by the Town or the Town's group health plan's
benefits manager
6. A health care provider listed above who practices in a country other than the United
States and who is authorized to practice under the laws of that country
D. Serious health condition. An illness, injury, impairment, or physical or mental condition
that involves any of the following:
1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight
stay) in a hospital, hospice, or residential medical care facility
2. A period of incapacity requiring absence of more than three calendar days from
work, school, or other regular daily activities that also involves continuing treatment
by (or under the supervision of) a health care provider
3. Any period of incapacity due to pregnancy, or for prenatal care
4. Any period of incapacity (or treatment therefore) due to a chronic serious health
condition (e.g., asthma, diabetes, epilepsy, etc.)
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5. A period of incapacity that is permanent or long -term due to a condition for which
treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.)
6. Any absences to receive multiple treatments (including any period of recovery
therefrom) by, or on referral by, a health care provider for a condition that likely
would result in incapacity of more than three consecutive days if left untreated (e.g.,
chemotherapy, physical therapy, dialysis, etc.)
E. Serious injury or illness.
1. An injury or illness incurred by a member of the Armed Forces, including a member
of the National Guard or Reserves, in the line of duty on active duty in the Armed
Forces or an injury or illness that existed before the beginning of the member's active
duty and was aggravated by service in the line of duty on active duty in the Armed
Forces and that may render the member medically unfit to perform the duties of the
member's office, grade, rank or rating.
2. A qualifying injury or illness, as defined by the Secretary of Labor, incurred by a
veteran in the line of duty on active duty in the Armed Forces or an injury or illness
that existed before the beginning of the member's active duty and was aggravated by
service in the line of duty on active duty in the Armed Forces and that manifested
itself before or after the member became a veteran.
F. Veteran. A person who served in the active military, naval, or air service, and who was
discharged or released from the service under conditions other than dishonorable.
Section 4 -7 -3 Eligibility
A. An "eligible employee" under the FMLA is an employee who has:
1. Worked for the Town for at least 12 months; and
2. Worked at least 1,250 hours during the 12 -month period immediately preceding the
commencement of the FMLA leave.
B. The 12 months an employee must have been employed by the Town need not be
consecutive months. If an employee is maintained on the payroll for any part of a week,
including any periods of paid or unpaid leave (sick, vacation) during which other benefits
or compensation are provided by the Town (e.g., workers' compensation, group health
plan benefits, etc.), the week counts as a week of employment. For purposes of
determining whether intermittent/occasional /casual employment qualifies as "at least 12
months," 52 weeks is deemed to be equal to 12 months.
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C. Whether an employee has worked the minimum 1,250 hours is determined according to
the principles established under the Fair Labor Standards Act (FLSA) for determining
compensable hours of work.
Section 4 -7-4 Leave Entitlement
A. Eligible employees, other than employees qualifying for leave to care for a covered
servicemember with a serious injury or illness, shall be granted up to a total of 12 weeks
of unpaid FMLA leave within any 12 -month period.
B. Eligible employees qualifying for leave to care for a covered servicemember with a
serious injury or illness shall be granted up to a total of 26 weeks of leave during a single
12 -month period.
C. Married employee couples may be restricted to a combined total of 12 weeks unpaid
FMLA leave within any 12 -month period for childbirth, adoption or placement of a foster
child, or to care for a parent with a serious health condition.
D. Married employee couples may be restricted to a combined total of 26 weeks unpaid
FMLA leave within a single 12 -month period to care for a covered servicemember with a
serious injury or illness.
E. If the FMLA leave period is insufficient and the employee is unable to fully perform the
essential functions of his or her position at the conclusion of the FMLA leave period, the
employee may request administrative leave pursuant to Policy 4 -9. The Town may
require updated medical certifications to support the need for the additional leave.
However, in no case shall the employee be unable to perform the full essential functions
of their regular position for greater than 12 months in a 24 -month period. For purposes of
tracking leave time, 12 months will be measured based on 2080 hours for full -time
employees and pro -rated for part-time employees. If the employee is unable to return
after this time, the Town may initiate separation of employment.
Section 4 -7 -5 Qualifying Exigency Leave under the NDAA
An eligible employee who has a spouse, son, daughter or parent who is a covered military
member may take up to 12 weeks unpaid FMLA leave for one or more of the following
qualifying exigencies as defined by federal regulations.
A. Short- notice deployment
B. Military events and related activities
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C. Childcare and school activities
D. Financial and legal arrangements
E. Counseling
F. Rest and recuperation
G. Post - deployment activities
H. Additional activities or events arising out of the covered military member's active duty or
call to active duty status provided that the Town and the eligible employee agree that the
leave qualifies as an exigency and agree to both the timing and duration of the leave.
Section 4 -7 -6 How FMLA Leave is Measured
A. Except for leave to care for a covered servicemember with a serious injury or illness, the
Town uses a rolling 12 -month period to calculate FMLA eligibility. Each time an
employee uses FMLA leave, the remaining leave entitlement is the balance of the 12
weeks that has not been used during the immediately preceding 12 months.
B. For leave to care for a covered servicemember with a serious injury or illness, the "single
12 -month period" begins on the first day the eligible employee takes FMLA leave to care
for the covered servicemember and ends 12 months after that date.
Section 4 -7 -7 Use of Accumulated Leave
Employees shall be required to use any accumulated paid leave time (sick, vacation,
personal and compensatory) concurrently with approved FMLA leave. If paid leave is
exhausted or if an employee does not have any accumulated paid leave balances, the
employee shall be placed on unpaid FMLA.
Section 4 -7 -8 Request for Leave
A. Eligible employees shall submit a written request for leave to the Human Resources
Department at least 30 days in advance of foreseeable FMLA - qualifying events.
B. Eligible employees shall submit a written request for leave to the Human Resources
Department as soon as practicable for unforeseeable events or within no more than two
working days after learning of the unforeseen need for FMLA - qualifying leave. An
employee requesting unforeseen FMLA leave has the obligation to comply with the
Town's regular attendance and reporting requirements.
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Section 4 -7 -9 Medical Certification
Employees requesting FMLA leave for their own serious health condition or for the serious
health condition of a child, spouse or parent or for the serious injury or illness of a covered
servicemember shall be required to submit a medical certification form from a health care
provider verifying the serious health condition, injury or illness and the need to provide care
in the case of a serious health condition, injury or illness of an eligible family member. The
medical certification shall include the expected beginning and ending dates of the leave.
The Town shall allow the employee at least 15 calendar days to obtain the medical
certification.
Section 4 -7 -10 Certification for Qualifying Exigency Leave under the NDAA
Employees requesting FMLA leave due to a qualifying exigency arising out of the active duty
or call to active duty status of a covered military member shall provide certification
describing appropriate facts regarding the qualifying exigency for which the leave is
requested. The certification shall include information on the type of qualifying exigency for
which leave is requested and any available written documentation that supports the request
for leave. The certification shall also include the expected beginning and ending dates of
the leave. The first time an employee requests leave for a qualifying exigency, the
employee shall also be required to provide a copy of the covered military member's active
duty order or other documentation issued by the military which indicates that the covered
military member is on active duty or call to active duty status in support of a contingency
operation, and the dates of the covered military member's active duty service.
Section 4 -7 -11 Designation of Leave as FMLA Leave
In all circumstances, it is the Town's responsibility to designate leave, paid or unpaid, as
FMLA- qualifying, and to give notice of the designation to the employee. If the employee's
leave request gives the Town sufficient reason to consider the leave as FMLA - qualifying, the
Town shall designate the leave as FMLA and inform the employee of the designation within
five business days after receiving the employee's request for leave.
Section 4 -7 -12 Intermittent Leave
Under some circumstances, employees may take FMLA leave intermittently, by taking leave
in blocks of time or by reducing their normal weekly or daily work schedule.
A. Employees requesting intermittent FMLA leave for a serious health condition or to care
for a family member with a serious health condition or to care for a covered
servicemember with a serious injury or illness shall provide a medical certification from a
health care provider to the Human Resources Department documenting the medical
necessity for such leave.
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B. Employees requesting intermittent FMLA leave for a qualifying exigency arising out of
the active duty or call to active duty status of a covered military member shall provide an
estimate of the frequency and duration of the qualifying exigency and an explanation
regarding the necessity for such leave.
C. An employee is not guaranteed Intermittent FMLA leave for childbirth, adoption or
placement of a foster child. Such leave may be taken only upon approval by the Town.
D. The employee must attempt to schedule intermittent leave in a manner that does not
unduly disrupt the Town's operations.
E. The Town may temporarily transfer an employee on intermittent leave to a different
position with equivalent pay and benefits if another position would better accommodate
the employee's intermittent leave schedule.
Section 4 -7 -13 Continuation of Health Insurance Coverage During FMLA
A. Subject to the terms, conditions and limitations of the applicable group health insurance
plans, the Town of Marana shall maintain group health insurance coverage, including
family coverage, for an employee on FMLA leave on the same terms as if the employee
continued to work.
B. An employee who is on paid FMLA leave via the use of accrued leave balances, shall
continue to pay his or her share of the insurance premium, if any, through payroll
deductions.
C. An employee who is on unpaid FMLA leave shall make arrangements with the Human
Resources and Finance Departments to make payments for his or her share of the
insurance premium, if any. If payment is more than 30 days overdue, coverage will be
dropped, after 15 days written notice is provided to the employee. In this situation,
COBRA will be offered.
D. The Town's obligation to maintain health benefits under this section stops if and when
the employee informs the Town of an intent not to return to work at the end of the leave
period or if the employee fails to return to work when the FMLA leave entitlement is
exhausted. In some circumstances, the Town may recover premiums it paid to maintain
health insurance coverage for an employee who fails to return to work from FMLA leave.
Section 4 -7 -14 Supplemental Benefits
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The Town will not maintain other supplemental benefits while an employee is on FMLA
leave. To maintain supplemental benefits, the employee must make payment arrangements
with the Human Resources and Finance Departments.
Section 4 -7 -16 Suspension of Accumulation of Other Town- Provided Benefits
Benefit accumulation, such as vacation, sick leave or holiday benefits, will be suspended
during any unpaid leave portion of the FMLA leave period and will resume upon return to
active employment. Use of FMLA leave is not considered a break in service when
determining eligibility for vesting or for participation in a benefit.
Section 4 -7 -16 Return to Work
A. An employee on FMLA leave shall provide the Human Resources Department with at
least two days' advance notice of the date the employee intends to return to work.
B. An employee on FMLA leave for the employee's own serious health condition shall
provide a written release from a health care provider indicating that the employee may
resume the full essential functions of his or her position prior to or immediately upon
returning to work.
C. Upon return from FMLA leave, the employee shall be restored to the employee's original
position, or to an equivalent position with equivalent pay, benefits and other terms and
conditions of employment.
D. Under limited circumstances where restoration to employment will cause substantial and
grievous economic injury to the Town's operations, the Town may refuse to reinstate
certain highly -paid, salaried "key" employees. In order to do so, the Town must notify the
employee in writing of his or her status as a "key" employee and the reasons for denying
job restoration. The Town must also provide the employee a reasonable opportunity to
return to work after the notice is given and make a final determination as to whether
reinstatement will be denied at the end of the leave period if the employee then requests
restoration. For purposes of this paragraph, a "key" employee is a salaried eligible
employee who is among the highest paid ten percent of employees for the Town.
Section 4 -7 -17 Termination of Employment
A. If an employee voluntarily resigns his or her position before returning from FMLA, health
insurance benefits are subject to COBRA law.
B. If an employee fails to report to work at the conclusion of the FMLA period, and has not
informed the Town in writing of a request to use other forms of leave, the employee is
considered to have resigned.
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Policy 4 -8 MATERNITY /ADOPTION /PATERNITY (MAP) LEAVE
The Town of Marana provides maternity /adoption /paternity (MAP) leave to eligible employees.
Section 4 -8 -1 Eligibility
Regular full- and part-time employees, including those serving in an initial evaluation period,
and term - limited temporary employees are eligible for MAP leave as described in this policy.
Section 4 -8 -2 Amount of MAP Leave
Eligible employees may be granted up to 12 weeks MAP leave for the birth or adoption of a
child.
Section 4 -8 -3 Use of Accumulated Leave
Employees shall be required to use any accumulated paid leave time (sick, vacation,
personal and compensatory) concurrently with approved MAP leave. If paid leave is
exhausted or if an employee does not have any accumulated paid leave balances, the
employee shall be placed on unpaid MAP leave.
Section 4 -8-4 Request for MAP Leave
Employees shall submit MAP leave requests in writing to the Human Resources
Department. The request shall include the purpose and requested duration of the leave.
The Human Resources Department may require verification of the need for the MAP leave
from a licensed health care provider.
Section 4 -8 -5 Relationship of MAP Leave to FMLA Leave
A. If a MAP - eligible employee is also eligible for FMLA leave, MAP leave and FMLA leave
shall run concurrently.
B. Employees not eligible for FMLA leave may use MAP leave; however, job restoration is
not guaranteed for non -FMLA- eligible employees returning from a MAP leave of longer
than 30 calendar days.
C. If an employee becomes eligible for FMLA leave while on MAP leave, the employee
shall be subject to the FMLA leave provisions of this Chapter.
Section 4-8 -6 Maintenance of Benefits During MAP Leave
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Vacation and sick leave shall not accumulate during MAP leave; however, the remainder of
Town - provided employee benefits shall continue without interruption during MAP leave.
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Policy 4 -9 ADMINISTRATIVE LEAVE
The Town of Marana may provide administrative leave with or without pay to eligible employees
as described in this policy.
Section 4 -9 -1 Eligibility
A. Regular full- and part -time employees, including those serving in an initial evaluation
period, and term - limited temporary employees may request administrative leave as
described in this policy.
B. Employees shall not use administrative leave to work for another employer (other than
the United States armed forces) or to pursue self - employment.
C. Employees shall exhaust all accrued leave balances, including vacation, personal and
compensatory leave and, if applicable, sick leave, before becoming eligible for
administrative leave.
Section 4 -9 -2 Request for Administrative Leave
Employees shall submit written requests for administrative leave to their Department Head.
The Department Head shall review the request, make a recommendation of approval or
denial and forward the request to the Human Resources Director. The Human Resources
Director shall review the request, make a recommendation of approval or denial and forward
the request to the Town Manager or designee. The decision of the Town Manager or
designee shall be final. Requests will be reviewed based on a number of factors, including
Town operational needs and staffing requirements. The denial of a request for
administrative leave is not subject to appeal under the personnel action review procedures
set forth in Chapter 5 of these Personnel Policies and Procedures
Section 4 -9 -3 Administrative Leave with Pay
The Town Manager may approve an administrative leave with pay for an eligible employee
for a fixed period of time when such administrative leave is considered by the Town
Manager to be in the best interests of the Town.
Section 4 -9-4 Administrative Leave without Pay
A. Any regular full -time employee who has completed one year of employment with the
Town may request an administrative leave without pay for non - medical purposes for a
period not to exceed 90 calendar days. In reviewing the leave request, the Town
Manager or designee shall consider the impact to Town operations, any potential benefit
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to the Town and the recommendation of the Department Head and the Human
Resources Director.
B. Any regular full- or part -time employee who is either not eligible for FMLA leave or has
exhausted the FMLA leave period may request an administrative leave without pay for
medical purposes. Requests for administrative leave without pay for medical purposes
must be accompanied by a medical certification from a licensed health care provider
documenting the medical necessity for and expected duration of the leave. The Town
Manager may grant administrative leave without pay for medical purposes in increments
of up to three months, provided that the total time the employee is unable to perform the
essential functions of his or her regular position does not exceed the equivalent of 12
months in any 24 -month period. For purposes of tracking leave time, 12 months will be
measured based on 2080 hours for full -time employees and pro -rated for part -time
employees.
C. Employees who have been granted administrative leave without pay shall not accrue
any vacation or other paid leave time and shall not receive paid time off for Town -
approved holidays during the unpaid leave of absence.
D. Employees who are on administrative leave without pay may not be eligible for a regular
annual review of job performance nor for an associated adjustment in pay until the
performance evaluation anniversary immediately following the return to active
employment status.
E. Employees on administrative leave without pay may elect to continue group insurance
coverage. However, the employee must bear both the Town's and the employee's share
of the cost of the premiums. Payment must be submitted to the Finance Department by
the 10 of each month to ensure continued coverage.
Section 4 -9 -5 Return to Work
A. Employees who are granted administrative leave without pay shall return to work upon
completion of the leave period. An employee who fails to return to work on the date
specified in the leave request without receiving an extension in advance is considered to
have resigned.
B. Employees who are granted administrative leave without pay for medical purposes shall
provide a written release from a licensed health care provider indicating that the
employee may resume the full essential functions of his or her position prior to or
immediately upon returning to work.
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C. The Town is not obligated to hold a position vacant or to return an employee to a
position following an administrative leave without pay that is not part of an approved
FMLA absence.
Policy 4 -10 LEAVE DONATION
Eligible employees may receive contributions of leave from other employees as outlined in this
policy if the employee is unable to return to work due to his or her own catastrophic personal
illness or injury or the catastrophic personal illness or injury of an immediate family member.
Section 4 -10 -1 Definitions
A. Catastrophic Illness: Illness that requires extensive hospitalization, hospice care or
other extraordinary measures of care.
B. Catastrophic Injury: Injury that requires extensive recuperation time.
C. Immediate family member: The spouse, children, parents, grandparents, brothers,
sisters or other individuals whose relationship to the employee is that of a dependent. A
relative who, because of family circumstances, has been a parent substitute to the
employee may be considered the mother or father in this definition.
Section 4 -10 -2 Eligibility
A. Regular full- and part-time employees, including those serving in an initial evaluation
period, and term - limited temporary employees are eligible to receive donated leave as
described in this policy.
B. Eligible employees must be on an approved FMLA leave or medical leave of absence
without pay and must have exhausted all accrued paid vacation, sick, personal and
compensatory leave balances to be eligible for donated leave.
C. Eligible employees shall not receive donated leave if they are receiving benefits through
an insurance program paid for by the Town or from their retirement system or are eligible
to receive payments from Social Security.
D. Eligible employees shall not be permitted to use donated leave if they have been unable
to perform the full essential functions of their position for a period of time equivalent to
12 months in a 24 -month period. For purposes of tracking leave time, 12 months will be
measured based on 2080 hours for full -time employees and pro -rated for part-time
employees.
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Section 4 -10 -3 Donation Parameters
A. Donation of leave may be made among all levels of Town employment on an
hour - for -hour basis.
B. Vacation leave and sick leave may be donated.
C. The receiving employee and the Town are under no obligation to repay the donated
leave.
D. There is no limit on the amount of donated leave eligible employees may receive, except
that the total time the employee is unable to perform the essential functions of his or her
regular position shall not exceed the equivalent of 12 months in any 24 -month period.
For purposes of tracking leave time, 12 months will be measured based on 2080 hours
for full -time employees and pro -rated for part -time employees.
E. Any unused donated leave will be returned to the donating employee.
F. Donating employees must maintain a total balance of 80 hours of sick and vacation
leave.
Section 4 -10-4 Request for Donated Leave
A. Applications for donated leave are available in the Human Resources Department.
B. The requesting employee shall submit the completed application for donated leave to the
Human Resources Department. If it has not already been provided, the employee shall
include a medical certification from a licensed health care provider documenting the
medical necessity for and expected duration of the leave with the completed application.
C. The application will be submitted to the Human Resources Director for approval.
Section 4 -10 -5 Maintenance of Benefits
Employees who are receiving donated leave shall be considered to be in a paid status.
Therefore, Town - provided employee benefits shall continue without interruption during the
period of donated leave.
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Policy 4 -11 GROUP BENEFITS
The Town of Marana provides group benefits coverage, including medical, dental, long -term
disability, short-term disability and life insurances, for eligible employees. The Human
Resources Department is responsible for implementation and administration of all group
insurance plans.
Section 4 -11 -1 Eligibility
A. Regular full- and part-time employees, including those serving in an initial evaluation
period, and term - limited temporary employees are eligible for coverage under all of the
Town's group benefits programs, depending upon the restrictions and limitations of a
particular benefit plan.
B. Where applicable, the employee may elect to cover dependents under these programs
in accordance with current contract requirements and rate schedules. Normal eligibility
rules must be met.
Section 4 -11 -2 Group Insurance Coverage
The Town contributes to the costs of providing group insurance coverage for full -time
employees and those part-time employees whose normal work week is at least 20 hours per
week. The Town may also contribute to dependent coverage for eligible employees.
Section 4 -11 -3 Voluntary Benefits
Voluntary benefits such as benefits for dependents, supplemental health benefits and
additional employee - related benefits are offered by the Town through the Human Resources
Department, depending upon the limitations and restrictions of the particular plans.
Voluntary benefits are offered at the discretion of the Town Manager or Town Council.
Voluntary benefits are fully paid by the employee.
Section 4 -11-4 Retirement Plan
A. Employees whose normal work week is 20 hours or more and who have met the
eligibility requirement of the retirement plan are required to participate in the Arizona
State Retirement System (ASRS) or, where applicable for sworn police personnel, the
Public Safety Personnel Retirement System (PSPRS).
B. Retirement benefits accumulate from both employee and employer contributions.
Contributions to the retirement system are mandatory for eligible positions and are
deducted from the employee's salary each payroll period.
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C. Employees are vested in accordance with the retirement plan in which they are enrolled.
D. If an employee terminates service without retiring, accumulated vested contributions,
with earned interest, are refundable upon request.
Section 4 -11 -5 Employee Assistance Program
A. The Town provides an employee assistance program (EAP) to all regular full- and
part-time employees, including those serving in an initial evaluation period, and term -
limited temporary employees.
B. When an employee voluntarily seeks assistance from the EAP, confidentiality is
maintained. The Town will not be informed that help has been sought unless the
employee requests that the information be released.
C. When stress or personal problems interfere with job performance, the Town will
encourage and may require participation in the EAP to deal with job - related performance
issues. When participation is required, confidentiality is maintained. The EAP will only
verify that the employee has participated as required.
D. Use of the employee assistance program may be a condition of continued employment if
the Town's drug and alcohol abuse policy is violated.
E. No employee will have his or her employment or promotional opportunities jeopardized
solely by participation in the EAP, nor will participation in the EAP protect the employee
from disciplinary action for substandard performance.
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Policy 4 -12 WORKER'S COMPENSATION
Worker's Compensation is a program of insurance administered by the Industrial Commission of
Arizona to protect workers from loss due to a work - related accident or illness.
Section 4 -12 -1 Reporting Requirement
Any employee involved in an on-the-job accident or injury as defined by the state Worker's
Compensation laws must report the accident or injury to his or her immediate supervisor
immediately, but no later than 24 hours after the accident or injury. An employee who has
an occupational illness as defined by the state Worker's Compensation laws must report the
illness to his or her immediate supervisor immediately upon becoming aware of the
occupational illness. If the employee's direct supervisor is not available, the employee shall
report the accident, injury or occupational illness to the employee's Department Head.
Failure to report the accident, injury or illness within 24 hours may result in the denial of a
Worker's Compensation claim.
Section 4 -12 -2 Payments
A. If a Worker's Compensation claim is approved for payment, Worker's Compensation
pays a state - mandated percentage of the employee's daily wage.
B. Worker's Compensation does not pay for the first seven days of time lost from work
unless the total number of time off from work exceeds 14 days. If the claim is approved
for payment after 14 days and the employee used paid leave balances during the first
seven days of time lost, the employee's leave balances shall be reinstated upon receipt
of funds by the Town.
C. Hours of work lost due to the on- the -job injury or illness are reported on the employee
time sheet as "industrial disability."
Section 4 -12 -3 Use of Paid Leave
A. An employee receiving payments under the Worker's Compensation laws may use
accumulated paid leave to supplement any hours not covered by the payments. The
Human Resources Director or designee shall approve such leave usage.
B. When sick, vacation, personal or compensatory leave or short-term disability payments
are used to supplement any payments that an employee is eligible to receive from
Worker's Compensation benefits, the combination of Worker's Compensation payments,
disability payments and /or leave benefit payments shall not exceed the employee's
normal weekly earning. The purpose of this policy is to ensure that an employee does
not suffer an economic hardship as a result of a work - related injury or illness. However,
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the employee should not realize a financial gain as a result of injury or illness. If the
combination of payment from Worker's Compensation and the use of other paid leave or
disability benefits results in the employee being paid more than his or her normal weekly
earning, the Town shall require the employee to reimburse the Town for the
overpayment.
C. The Town shall not approve the use of sick or vacation leave for an employee who has
an injury, illness or disease incurred while employed by another employer.
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Policy 4 -13 BENEFITS CONTINUATION /COBRA
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, amended by
the Health Insurance Portability and Accountability Act (HIPAA) of 1996, provides that covered
employees and their qualified beneficiaries may continue health insurance coverage under the
Town of Marana's health plan when a "qualifying event" would normally result in the loss of
eligibility. The Town shall follow all applicable federal and state laws in determining what
constitutes a qualifying event.
Section 4 -13 -1 Payments
A. Except as provided in this policy, employees or beneficiaries participating in COBRA
benefits shall pay the full cost of coverage at the Town's group rates plus an
administration fee as prescribed by federal law.
B. The Town Manager, in his or her sole discretion, may authorize Town payment of the
costs of COBRA coverage for an employee or his or her beneficiaries for up to six
months if the employee's qualifying event is a layoff as described in Chapter 8 of these
Policies and Procedures.
Section 4 -13 -2 Written Notification of Eligibility
The Human Resources Director shall ensure that each eligible employee and /or beneficiary
receives written notification regarding COBRA rights and benefits in accordance with
applicable federal and state laws.
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Policy 4 -14 CIVIC DUTY
The Town of Marana encourages employees to fulfill their civic responsibilities as citizens and
provides civic duty leave to eligible employees as described in this policy.
Section 4 -14 -1 Eligibility
Regular full- and part-time employees, including those serving in an initial evaluation period,
and term - limited temporary employees are eligible for the various civic duty leaves as
described in this policy
Section 4 -14 -2 Jury Duty
A. Eligible employees shall be granted up to 10 days of paid jury duty leave over any
12 -month period.
B. Employees shall show the jury duty summons to their supervisor as soon as possible so
that the supervisor may make arrangements to accommodate the employee's absence.
C. Employees on jury duty shall be paid their regular base rate of pay provided that they
submit any juror fee payments received from the court, excluding mileage and per diem
payments, to the Finance Department. Employees may keep mileage and per diem
payments.
D. If an employee is required to serve on jury duty beyond the period of paid jury duty
leave, the employee may request to use accrued vacation, personal or compensatory
leave balances or may request administrative leave without pay.
E. Employees shall report for work while on jury duty whenever the court schedule permits.
F. The Department Head may ask the employee to request an excuse or postponement
from jury duty if, in the Department Head's judgment, the employee's absence would
create serious operational difficulties.
Section 4 -14 -3 Witness Duty
A. Eligible employees shall be granted up to 40 hours of paid time off per instance when
subpoenaed to appear in court.
B. Employees shall show the subpoena their supervisor immediately after it is received so
that the supervisor may make arrangements to accommodate the employee's absence.
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C. Employees under subpoena shall be paid their regular base rate of pay provided that
they submit any witness fee payments, excluding mileage and per diem payments, to the
Finance Department. Employees may keep mileage and per diem payments.
D. If an employee is required to appear in court beyond the period of paid leave provided by
this section, the employee may request to use accrued vacation, personal or
compensatory leave balances or may request administrative leave without pay.
E. Employees under subpoena shall report for work whenever the court schedule permits.
F. Employees are not eligible for witness duty leave time spent in court on personal matters
without a subpoena. Employees shall request the use of accrued leave balances for
these court matters.
Section 4 -14-4 Voting
A. Any employee eligible and registered to vote in any public election held within this state
may request time off for voting.
B. The employee may be absent for up to three hours with pay on the day of the election
for the purpose of voting.
C. The Department Head may specify the hours during which the employee may be absent
for the purpose of voting.
D. Employees are expected to vote at a time that minimizes impact on the department
operations by voting during early or late voting hours.
E. An employee may be required to provide evidence of eligibility to vote prior to approval
for time off.
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A N
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, August 9, 2011, 6:00:00 PM
To: Mayor and Council Item D 5
From: Frank Cassidy , Town Attorney
Strategic Plan Focus Area:
Not Applicable
Subject: Presentation: Relating to Development Impact Fees; overview of Senate Bill 1525
and its implications for the Town's development impact fees; and Council direction on
whether to have an infrastructure improvements advisory committee or to submit to a
biennial certified audit
Discussion:
SB1525 requires all of the Town's development impact fees to be re- studied and readopted, and
significantly changes how municipalities adopt and administer development impact fees. This
agenda item will provide a presentation and overview of these changes.
One of the changes adopted by SB1525 requires the Town either to create an infrastructure
improvements advisory committee or to submit to a biennial certified audit.
If the Town opts for an advisory committee, it must be composed of at least five members
appointed by the Council, at least half of whom must be representatives of the real estate,
development or building industries (including at least one member from the home building
industry). None of the members may be Town employees or officials. The advisory committee is
required to:
• Advise the Town in adopting land use assumptions and in determining whether the
assumptions are in conformance with the Town's general plan.
• Review the infrastructure improvements plan and file written comments.
• Monitor and evaluate implementation of the infrastructure improvements plan.
• Every year file reports with respect to the progress of the infrastructure improvements plan
and the collection and expenditures of development fees and report to the Town any
perceived inequities in implementing the plan or imposing the development fee.
• Advise the Town of the need to update or revise the land use assumptions, infrastructure
improvements plan and development fee.
If the Town chooses not to have an infrastructure improvements advisory committee, the Town
will be required to pay for and submit to a biennial of the Town's land use assumptions,
infrastructure improvements plan, and development impact fees. SB1525 requires that the audit:
Study Session - August 9, 2011 - Page 125 of 142
• Be conducted by qualified professionals who are not employees or officials of the
municipality and who did not prepare the infrastructure improvements plan.
• Review the progress of the infrastructure improvements plan, including the collection and
expenditures of development fees for each project in the plan, and evaluate any inequities
in implementing the plan or imposing the development fee.
• Be posted on the Town's website.
• Be presented at a public hearing within 60 days of the audit's release to the public.
Although both alternatives are burdensome, staff believes the biennial audit will provide the
greatest level of transparency and the least delay. The Town already carries out the purpose for
the advisory committee through substantial, direct involvement of the real estate and home
building industries in the development impact fee process.
ATTACHMENTS:
Name: Description: Type:
O SB1525 Municipal Development_Impact Fees
(00027430).PDF — SB1525 Municipal Development Impact Fees Law Backup Material
Staff Recommendation:
Staff requests Council authorization to proceed with the re -study and readoption of existing
Town development impact fees in compliance with SB1525. Staff further requests that the Town
opt for a biennial audit in lieu of having an infrastructure improvements advisory committee.
Suggested Motion:
I move to authorize staff to proceed with the re -study and readoption of existing Town
development impact fees, and to opt for a biennial audit in lieu of having an infrastructure
improvements advisory committee.
Study Session - August 9, 2011 - Page 126 of 142
House Engrossed Senate Bill
State of Arizona
Senate
Fiftieth Legislature
First Regular Session
2011
SENATE BILL 1525
AN ACT
AMENDING SECTION 9- 463.05, ARIZONA REVISED STATUTES; AMENDING LAWS 2009,
THIRD SPECIAL SESSION, CHAPTER 7, SECTION 41, AS AMENDED BY LAWS 2010,
CHAPTER 153, SECTION 1; RELATING TO CITY AND TOWN DEVELOPMENT FEES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
- i -
Study Session - August 9, 2011 - Page 127 of 142
S.B. 1525
1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Section 9- 463.05, Arizona Revised Statutes, is amended to
3 read:
4 9- 463.05. Development fees: imposition by cities and towns:
5 infrastructure improvements plan: annual report:
6 advisory committee: limitation on actions:
7 definitions
8 A. A municipality may assess development fees to offset costs to the
9 municipality associated with providing neeessary
10 , real
11 property, es,
12 ,
13 NECESSARY PUBLIC SERVICES TO A DEVELOPMENT, INCLUDING THE
14 COSTS OF INFRASTRUCTURE, IMPROVEMENTS, REAL PROPERTY, ENGINEERING AND
15 ARCHITECTURAL SERVICES, FINANCING AND PROFESSIONAL SERVICES REQUIRED FOR THE
16 PREPARATION OR REVISION OF A DEVELOPMENT FEE PURSUANT TO THIS SECTION,
17 INCLUDING THE RELEVANT PORTION OF THE INFRASTRUCTURE IMPROVEMENTS PLAN.
18 B. Development fees assessed by a municipality under this section are
19 subject to the following requirements:
20 1. Development fees shall result in a beneficial use to the
21 development.
22 2. THE MUNICIPALITY SHALL CALCULATE THE DEVELOPMENT FEE BASED ON THE
23 INFRASTRUCTURE IMPROVEMENTS PLAN ADOPTED PURSUANT TO THIS SECTION.
24 3. THE DEVELOPMENT FEE SHALL NOT EXCEED A PROPORTIONATE SHARE OF THE
25 COST OF NECESSARY PUBLIC SERVICES, BASED ON SERVICE UNITS, NEEDED TO PROVIDE
26 NECESSARY PUBLIC SERVICES TO THE DEVELOPMENT.
27 4. COSTS FOR NECESSARY PUBLIC SERVICES MADE NECESSARY BY NEW
28 DEVELOPMENT SHALL BE BASED ON THE SAME LEVEL OF SERVICE PROVIDED TO EXISTING
29 DEVELOPMENT IN THE SERVICE AREA.
30 5. DEVELOPMENT FEES MAY NOT BE USED FOR ANY OF THE FOLLOWING:
31 (a) CONSTRUCTION, ACQUISITION OR EXPANSION OF PUBLIC FACILITIES OR
32 ASSETS OTHER THAN NECESSARY PUBLIC SERVICES OR FACILITY EXPANSIONS IDENTIFIED
33 IN THE INFRASTRUCTURE IMPROVEMENTS PLAN.
34 (b) REPAIR, OPERATION OR MAINTENANCE OF EXISTING OR NEW NECESSARY
35 PUBLIC SERVICES OR FACILITY EXPANSIONS.
36 (c) UPGRADING, UPDATING, EXPANDING, CORRECTING OR REPLACING EXISTING
37 NECESSARY PUBLIC SERVICES TO SERVE EXISTING DEVELOPMENT IN ORDER TO MEET
38 STRICTER SAFETY, EFFICIENCY, ENVIRONMENTAL OR REGULATORY STANDARDS.
39 (d) UPGRADING, UPDATING, EXPANDING, CORRECTING OR REPLACING EXISTING
40 NECESSARY PUBLIC SERVICES TO PROVIDE A HIGHER LEVEL OF SERVICE TO EXISTING
41 DEVELOPMENT.
42 (e) ADMINISTRATIVE, MAINTENANCE OR OPERATING COSTS OF THE
43 MUNICIPALITY.
44 6. ANY DEVELOPMENT FOR WHICH A DEVELOPMENT FEE HAS BEEN PAID IS
45 ENTITLED TO THE USE AND BENEFIT OF THE SERVICES FOR WHICH THE FEE WAS IMPOSED
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Study Session - August 9, 2011 - Page 128 of 142
S.B. 1525
1 AND IS ENTITLED TO RECEIVE IMMEDIATE SERVICE FROM ANY EXISTING FACILITY WITH
2 AVAILABLE CAPACITY TO SERVE THE NEW SERVICE UNITS IF THE AVAILABLE CAPACITY
3 HAS NOT BEEN RESERVED OR PLEDGED IN CONNECTION WITH THE CONSTRUCTION OR
4 FINANCING OF THE FACILITY.
5 7. DEVELOPMENT FEES MAY BE COLLECTED IF ANY OF THE FOLLOWING OCCURS:
6 (a) THE COLLECTION IS MADE TO PAY FOR A NECESSARY PUBLIC SERVICE OR
7 FACILITY EXPANSION THAT IS IDENTIFIED IN THE INFRASTRUCTURE IMPROVEMENTS PLAN
8 AND THE MUNICIPALITY PLANS TO COMPLETE CONSTRUCTION AND TO HAVE THE SERVICE
9 AVAILABLE WITHIN THE TIME PERIOD ESTABLISHED IN THE INFRASTRUCTURE
10 IMPROVEMENT PLAN, BUT IN NO EVENT LONGER THAN THE TIME PERIOD PROVIDED IN
11 SUBSECTION H, PARAGRAPH 3 OF THIS SECTION.
12 (b) THE MUNICIPALITY RESERVES IN THE INFRASTRUCTURE IMPROVEMENTS PLAN
13 ADOPTED PURSUANT TO THIS SECTION OR OTHERWISE AGREES TO RESERVE CAPACITY TO
14 SERVE FUTURE DEVELOPMENT.
15 (c) THE MUNICIPALITY REQUIRES OR AGREES TO ALLOW THE OWNER OF A
16 DEVELOPMENT TO CONSTRUCT OR FINANCE THE NECESSARY PUBLIC SERVICE OR FACILITY
17 EXPANSION AND ANY OF THE FOLLOWING APPLY:
18 (i) THE COSTS INCURRED OR MONEY ADVANCED ARE CREDITED AGAINST OR
19 REIMBURSED FROM THE DEVELOPMENT FEES OTHERWISE DUE FROM A DEVELOPMENT.
20 (ii) THE MUNICIPALITY REIMBURSES THE OWNER FOR THOSE COSTS FROM THE
21 DEVELOPMENT FEES PAID FROM ALL DEVELOPMENTS THAT WILL USE THOSE NECESSARY
22 PUBLIC SERVICES OR FACILITY EXPANSIONS.
23 (iii) FOR THOSE COSTS INCURRED THE MUNICIPALITY ALLOWS THE OWNER TO
24 ASSIGN THE CREDITS OR REIMBURSEMENT RIGHTS FROM THE DEVELOPMENT FEES
25 OTHERWISE DUE FROM A DEVELOPMENT TO OTHER DEVELOPMENTS FOR THE SAME CATEGORY
26 OF NECESSARY PUBLIC SERVICES IN THE SAME SERVICE AREA.
27 8. PROJECTED INTEREST CHARGES AND OTHER FINANCE COSTS MAY BE INCLUDED
28 IN DETERMINING THE AMOUNT OF DEVELOPMENT FEES ONLY IF THE MONIES ARE USED FOR
29 THE PAYMENT OF PRINCIPAL AND INTEREST ON THE PORTION OF THE BONDS, NOTES OR
30 OTHER OBLIGATIONS ISSUED TO FINANCE CONSTRUCTION OF NECESSARY PUBLIC SERVICES
31 OR FACILITY EXPANSIONS IDENTIFIED IN THE INFRASTRUCTURE IMPROVEMENTS PLAN.
32 -2: 9. Monies received from development fees assessed pursuant to this
33 section shall be placed in a separate fund and accounted for separately and
34 may only be used for the purposes authorized by this section. Monies
35 received from a development fee identified in an infrastructure improvements
36 plan adopted or d-ed UPDATED pursuant to subsection D of this section
37 shall be used to provide the same category of necessary publicvice
38 SERVICES OR FACILITY EXPANSIONS for which the development fee was assessed
39 AND for the benefit of the same SERVICE area, as defined in the
40 infrastructure improvements plan, w4-- t-H4* IN which the development fee was
41 assessed. Interest earned on monies in the separate fund shall be credited
42 to the fund.
43 3. 10. The schedule for payment of fees shall be provided by the
44 municipality. Based on the cost identified in the infrastructure
45 improvements plan, the municipality shall provide a credit toward the payment
- 2 -
Study Session - August 9, 2011 - Page 129 of 142
S.B. 1525
1 of a development fee for the required or agreed to dedication of public
2 sites, improvements and other necessary public services OR FACILITY
3 EXPANSIONS included in the infrastructure improvements plan and for which a
4 development fee is assessed, to the extent the public sites, improvements and
5 necessary public services OR FACILITY EXPANSIONS are provided by the
6 developer. The developer of residential dwelling units shall be required to
7 pay development fees when construction permits for the dwelling units are
8 issued, or at a later time if specified in a development agreement pursuant
9 to section 9- 500.05. If a development agreement provides for fees to be paid
10 at a time later than the issuance of construction permits, the deferred fees
11 shall be paid no later than fifteen days after the issuance of a certificate
12 of occupancy. The development agreement shall provide for the value of any
13 deferred fees to be supported by appropriate security, including a surety
14 bond, letter of credit or cash bond.
15
16 s tiers as - bear_a pease -h- i- p.- -t- e- -t-he- burden-i npe-s -ed on the
17
18 devel opment.
19 11. IF A MUNICIPALITY REQUIRES AS A CONDITION OF DEVELOPMENT APPROVAL
20 THE CONSTRUCTION OR IMPROVEMENT OF, CONTRIBUTIONS TO OR DEDICATION OF ANY
21 FACILITIES THAT WERE NOT INCLUDED IN A PREVIOUSLY ADOPTED INFRASTRUCTURE
22 IMPROVEMENTS PLAN, THE MUNICIPALITY SHALL CAUSE THE INFRASTRUCTURE
23 IMPROVEMENTS PLAN TO BE AMENDED TO INCLUDE THE FACILITIES AND SHALL PROVIDE A
24 CREDIT TOWARD THE PAYMENT OF A DEVELOPMENT FEE FOR THE CONSTRUCTION,
25 IMPROVEMENT, CONTRIBUTION OR DEDICATION OF THE FACILITIES TO THE EXTENT THAT
26 THE FACILITIES WILL SUBSTITUTE FOR OR OTHERWISE REDUCE THE NEED FOR OTHER
27 SIMILAR FACILITIES IN THE INFRASTRUCTURE IMPROVEMENTS PLAN FOR WHICH
28 DEVELOPMENT FEES WERE ASSESSED.
29 12. The municipality shall forecast the contribution to be made in the
30 future in cash or by taxes, fees, assessments or other sources of revenue
31 derived from the property owner towards the capital costs of the necessary
32 public service covered by the development fee and shall include these
33 contributions in determining the extent of the burden imposed by the
34 development. BEGINNING AUGUST 1, 2014, FOR PURPOSES OF CALCULATING THE
35 REQUIRED OFFSET TO DEVELOPMENT FEES PURSUANT TO THIS SUBSECTION, IF A
36 MUNICIPALITY IMPOSES A CONSTRUCTION CONTRACTING OR SIMILAR EXCISE TAX RATE IN
37 EXCESS OF THE PERCENTAGE AMOUNT OF THE TRANSACTION PRIVILEGE TAX RATE IMPOSED
38 ON THE MAJORITY OF OTHER TRANSACTION PRIVILEGE TAX CLASSIFICATIONS, THE
39 ENTIRE EXCESS PORTION OF THE CONSTRUCTION CONTRACTING OR SIMILAR EXCISE TAX
40 SHALL BE TREATED AS A CONTRIBUTION TO THE CAPITAL COSTS OF NECESSARY PUBLIC
41 SERVICES PROVIDED TO DEVELOPMENT FOR WHICH DEVELOPMENT FEES ARE ASSESSED,
42 UNLESS THE EXCESS PORTION WAS ALREADY TAKEN INTO ACCOUNT FOR SUCH PURPOSE
43 PURSUANT TO THIS SUBSECTION.
44 5 13. If development fees are assessed by a municipality, stve* THE
45 fees shall be assessed . AGAINST COMMERCIAL,
- 3 -
Study Session - August 9, 2011 - Page 130 of 142
S.B. 1525
1 RESIDENTIAL AND INDUSTRIAL DEVELOPMENT, EXCEPT THAT THE MUNICIPALITY MAY
2 DISTINGUISH BETWEEN DIFFERENT CATEGORIES OF RESIDENTIAL, COMMERCIAL AND
3 INDUSTRIAL DEVELOPMENT IN ASSESSING THE COSTS TO THE MUNICIPALITY OF
4 PROVIDING NECESSARY PUBLIC SERVICES TO NEW DEVELOPMENT AND IN DETERMINING THE
5 AMOUNT OF THE DEVELOPMENT FEE APPLICABLE TO THE CATEGORY OF DEVELOPMENT. IF
6 A MUNICIPALITY AGREES TO WAIVE ANY OF THE DEVELOPMENT FEES ASSESSED ON A
7 DEVELOPMENT, THE MUNICIPALITY SHALL REIMBURSE THE APPROPRIATE DEVELOPMENT FEE
8 ACCOUNTS FOR THE AMOUNT THAT WAS WAIVED. THE MUNICIPALITY SHALL PROVIDE
9 NOTICE OF ANY SUCH WAIVER TO THE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO
10 SUBSECTION G OF THIS SECTION WITHIN THIRTY DAYS.
11 b. 14. In determining and assessing a development fee applying to
12 land in a community facilities district established under title 48, chapter
13 4, article 6, the municipality shall take into account all public
14 infrastructure provided by the district and capital costs paid by the
15 district for necessary public services and shall not assess a portion of the
16 development fee based on the infrastructure or costs.
17 C. A municipality shall give at least s-- *t-y THIRTY days' advance
18 notice of intention to assess a development fee and shall
19 release to the public AND POST ON ITS WEBSITE OR THE WEBSITE OF AN
20 ASSOCIATION OF CITIES AND TOWNS IF A MUNICIPALITY DOES NOT HAVE A WEBSITE a
jA
21 written report that Uenti
22 ,
23
24 suppe is —tlie assess- ate -ni =- oi^_a--new or -m
25 any index or I U to be used for automatic U he development
26
27 a-dfust - mew OF THE LAND USE ASSUMPTIONS AND INFRASTRUCTURE IMPROVEMENTS PLAN
28 ADOPTED PURSUANT TO SUBSECTION D OF THIS SECTION. The municipality shall
29 conduct a public hearing on the proposed n-ew or modified development fee at
30 any time after the expiration of the -s4*t -y THIRTY day notice of intention to
31 assess a development fee and at least thirty days e-�
32 BEFORE the scheduled date of adoption of the ftew..... -& —e64 ..F...i-e-d fee by the
33 governing body. WITHIN SIXTY DAYS AFTER THE DATE OF THE PUBLIC HEARING ON
34 THE PROPOSED DEVELOPMENT FEE, A MUNICIPALITY SHALL APPROVE OR DISAPPROVE THE
35 IMPOSITION OF THE DEVELOPMENT FEE. A MUNICIPALITY SHALL NOT ADOPT AN
36 ORDINANCE, ORDER OR RESOLUTION APPROVING A DEVELOPMENT FEE AS AN EMERGENCY
37 MEASURE. A development fee assessed pursuant to this section shall not be
38 effective until seventy -five days after its formal adoption by the governing
39 body of the municipality. Nothing in this subsection shall affect any
40 development fee adopted p 4ei --� BEFORE July 24, 1982.
41 D. Before the assessment ADOPTION OR AMENDMENT of a
42 development fee, the governing body of the municipality shall adopt or amef-d
43 UPDATE -&n THE LAND USE ASSUMPTIONS AND infrastructure improvements plan FOR
44 THE DESIGNATED SERVICE AREA. The municipality shall conduct a public hearing
45 on the LAND USE ASSUMPTIONS AND infrastructure improvements plan at least
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Study Session - August 9, 2011 - Page 131 of 142
S.B. 1525
1 thirty days before the adoption or emendmefrt UPDATE of the plan. The
2 municipality shall release the plan to the public, POST THE PLAN ON ITS
3 WEBSITE OR THE WEBSITE OF AN ASSOCIATION OF CITIES AND TOWNS IF THE
4 MUNICIPALITY DOES NOT HAVE A WEBSITE, INCLUDING IN THE POSTING ITS LAND USE
5 ASSUMPTIONS, THE TIME PERIOD OF THE PROJECTIONS, A DESCRIPTION OF THE
6 NECESSARY PUBLIC SERVICES INCLUDED IN THE INFRASTRUCTURE IMPROVEMENTS PLAN
7 AND A MAP OF THE SERVICE AREA TO WHICH THE LAND USE ASSUMPTIONS APPLY, make
8 available to the public the documents used to prepare the ASSUMPTIONS AND
9 plan and provide public notice at least sixty days before the public hearing,
10 subject to the following:
11
12 ,
13
14 by this subseetien together with the not' s requi red by
15 b ert..i..n .....C.......;........� e„
16 2. A- mury I C-i-"4-4- -y-- -may --- amend— ....a.n.....__.fi ft#f-a 5 tt n a �t u r
17 without a - publie hearing if the amendment addresses en"I y e "I ement--,
18
19 eve de —ptr i ,n.t i ce�tr
20 emendmet -t t -he-if -e#f-e-c-ti-ve " -te
21 1. THE LAND USE ASSUMPTIONS AND INFRASTRUCTURE IMPROVEMENTS PLAN SHALL
22 BE APPROVED OR DISAPPROVED WITHIN SIXTY DAYS AFTER THE PUBLIC HEARING ON THE
23 LAND USE ASSUMPTIONS AND INFRASTRUCTURE IMPROVEMENTS PLAN AND AT LEAST THIRTY
24 DAYS BEFORE THE PUBLIC HEARING ON THE REPORT REQUIRED BY SUBSECTION C OF THIS
25 SECTION. A MUNICIPALITY SHALL NOT ADOPT AN ORDINANCE, ORDER OR RESOLUTION
26 APPROVING THE LAND USE ASSUMPTIONS OR INFRASTRUCTURE IMPROVEMENTS PLAN AS AN
27 EMERGENCY MEASURE.
28 2. AN INFRASTRUCTURE IMPROVEMENTS PLAN SHALL BE DEVELOPED BY QUALIFIED
29 PROFESSIONALS USING GENERALLY ACCEPTED ENGINEERING AND PLANNING PRACTICES
30 PURSUANT TO SUBSECTION E OF THIS SECTION.
31 3. A MUNICIPALITY SHALL UPDATE THE LAND USE ASSUMPTIONS AND
32 INFRASTRUCTURE IMPROVEMENTS PLAN AT LEAST EVERY FIVE YEARS. THE INITIAL FIVE
33 YEAR PERIOD BEGINS ON THE DAY THE INFRASTRUCTURE IMPROVEMENTS PLAN IS
34 ADOPTED. THE MUNICIPALITY SHALL REVIEW AND EVALUATE ITS CURRENT LAND USE
35 ASSUMPTIONS AND SHALL CAUSE AN UPDATE OF THE INFRASTRUCTURE IMPROVEMENTS PLAN
36 TO BE PREPARED PURSUANT TO THIS SECTION.
37 4. WITHIN SIXTY DAYS AFTER COMPLETION OF THE UPDATED LAND USE
38 ASSUMPTIONS AND INFRASTRUCTURE IMPROVEMENTS PLAN, THE MUNICIPALITY SHALL
39 SCHEDULE AND PROVIDE NOTICE OF A PUBLIC HEARING TO DISCUSS AND REVIEW THE
40 UPDATE AND SHALL DETERMINE WHETHER TO AMEND THE ASSUMPTIONS AND PLAN.
41 5. A MUNICIPALITY SHALL HOLD A PUBLIC HEARING TO DISCUSS THE PROPOSED
42 AMENDMENTS TO THE LAND USE ASSUMPTIONS, THE INFRASTRUCTURE IMPROVEMENTS PLAN
43 OR THE DEVELOPMENT FEE. THE LAND USE ASSUMPTIONS AND THE INFRASTRUCTURE
44 IMPROVEMENTS PLAN, INCLUDING THE AMOUNT OF ANY PROPOSED CHANGES TO THE
45 DEVELOPMENT FEE PER SERVICE UNIT, SHALL BE MADE AVAILABLE TO THE PUBLIC ON OR
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Study Session - August 9, 2011 - Page 132 of 142
S.B. 1525
1 BEFORE THE DATE OF THE FIRST PUBLICATION OF THE NOTICE OF THE HEARING ON THE
2 AMENDMENTS.
3 6. THE NOTICE AND HEARING PROCEDURES PRESCRIBED IN PARAGRAPH 1 OF THIS
4 SUBSECTION APPLY TO A HEARING ON THE AMENDMENT OF LAND USE ASSUMPTIONS, AN
5 INFRASTRUCTURE IMPROVEMENTS PLAN OR A DEVELOPMENT FEE. WITHIN SIXTY DAYS
6 AFTER THE DATE OF THE PUBLIC HEARING ON THE AMENDMENTS, A MUNICIPALITY SHALL
7 APPROVE OR DISAPPROVE THE AMENDMENTS TO THE LAND USE ASSUMPTIONS,
8 INFRASTRUCTURE IMPROVEMENTS PLAN OR DEVELOPMENT FEE. A MUNICIPALITY SHALL NOT
9 ADOPT AN ORDINANCE, ORDER OR RESOLUTION APPROVING THE AMENDED LAND USE
10 ASSUMPTIONS, INFRASTRUCTURE IMPROVEMENTS PLAN OR DEVELOPMENT FEE AS AN
11 EMERGENCY MEASURE.
12 7. THE ADVISORY COMMITTEE ESTABLISHED UNDER SUBSECTION G OF THIS
13 SECTION SHALL FILE ITS WRITTEN COMMENTS ON ANY PROPOSED OR UPDATED LAND USE
14 ASSUMPTIONS, INFRASTRUCTURE IMPROVEMENTS PLAN AND DEVELOPMENT FEES BEFORE THE
15 FIFTH BUSINESS DAY BEFORE THE DATE OF THE PUBLIC HEARING ON THE PROPOSED OR
16 UPDATED ASSUMPTIONS, PLAN AND FEES.
17 8. IF, AT THE TIME AN UPDATE AS PRESCRIBED IN PARAGRAPH 3 OF THIS
18 SUBSECTION IS REQUIRED, THE MUNICIPALITY DETERMINES THAT NO CHANGES TO THE
19 LAND USE ASSUMPTIONS, INFRASTRUCTURE IMPROVEMENTS PLAN OR DEVELOPMENT FEES
20 ARE NEEDED, THE MUNICIPALITY MAY AS AN ALTERNATIVE TO THE UPDATING
21 REQUIREMENTS OF THIS SUBSECTION PUBLISH NOTICE OF ITS DETERMINATION ON ITS
22 WEBSITE AND INCLUDE THE FOLLOWING:
23 (a) A STATEMENT THAT THE MUNICIPALITY HAS DETERMINED THAT NO CHANGE TO
24 THE LAND USE ASSUMPTIONS, INFRASTRUCTURE IMPROVEMENTS PLAN OR DEVELOPMENT FEE
25 IS NECESSARY.
26 (b) A DESCRIPTION AND MAP OF THE SERVICE AREA IN WHICH AN UPDATE HAS
27 BEEN DETERMINED TO BE UNNECESSARY.
28 (c) A STATEMENT THAT BY A SPECIFIED DATE, WHICH SHALL BE AT LEAST
29 SIXTY DAYS AFTER THE DATE OF PUBLICATION OF THE FIRST NOTICE, A PERSON MAY
30 MAKE A WRITTEN REQUEST TO THE MUNICIPALITY REQUESTING THAT THE LAND USE
31 ASSUMPTIONS, INFRASTRUCTURE IMPROVEMENTS PLAN OR DEVELOPMENT FEE BE UPDATED.
32 (d) A STATEMENT IDENTIFYING THE PERSON OR ENTITY TO WHOM THE WRITTEN
33 REQUEST FOR AN UPDATE SHOULD BE SENT.
34 9. IF, BY THE DATE SPECIFIED PURSUANT TO PARAGRAPH 8 OF THIS
35 SUBSECTION, A PERSON REQUESTS IN WRITING THAT THE LAND USE ASSUMPTIONS,
36 INFRASTRUCTURE IMPROVEMENTS PLAN OR DEVELOPMENT FEE BE UPDATED, THE
37 MUNICIPALITY SHALL CAUSE, ACCEPT OR REJECT AN UPDATE OF THE ASSUMPTIONS AND
38 PLAN TO BE PREPARED PURSUANT TO THIS SUBSECTION.
39 10. NOTWITHSTANDING THE NOTICE AND HEARING REQUIREMENTS FOR ADOPTION OF
40 AN INFRASTRUCTURE IMPROVEMENTS PLAN, A MUNICIPALITY MAY AMEND AN
41 INFRASTRUCTURE IMPROVEMENTS PLAN ADOPTED PURSUANT TO THIS SECTION WITHOUT A
42 PUBLIC HEARING IF THE AMENDMENT ADDRESSES ONLY ELEMENTS OF NECESSARY PUBLIC
43 SERVICES IN THE EXISTING INFRASTRUCTURE IMPROVEMENTS PLAN AND THE CHANGES TO
44 THE PLAN WILL NOT, INDIVIDUALLY OR CUMULATIVELY WITH OTHER AMENDMENTS ADOPTED
45 PURSUANT TO THIS SUBSECTION, INCREASE THE LEVEL OF SERVICE IN THE SERVICE
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Study Session - August 9, 2011 - Page 133 of 142
S.B. 1525
1 AREA OR CAUSE A DEVELOPMENT FEE INCREASE OF GREATER THAN FIVE PER CENT WHEN A
2 NEW OR MODIFIED DEVELOPMENT FEE IS ASSESSED PURSUANT TO THIS SECTION. THE
3 MUNICIPALITY SHALL PROVIDE NOTICE OF ANY SUCH AMENDMENT AT LEAST THIRTY DAYS
4 BEFORE ADOPTION, SHALL POST THE AMENDMENT ON ITS WEBSITE OR ON THE WEBSITE OF
5 AN ASSOCIATION OF CITIES AND TOWNS IF THE MUNICIPALITY DOES NOT HAVE A
6 WEBSITE AND SHALL PROVIDE NOTICE TO THE ADVISORY COMMITTEE ESTABLISHED
7 PURSUANT TO SUBSECTION G OF THIS SECTION THAT THE AMENDMENT COMPLIES WITH
8 THIS SUBSECTION.
9 E. For each necessary public service that is the subject of a
10 development fee, the infrastructure improvements plan shall INCLUDE:
11
12 ,
13 ,
14 ,
15
16 t-o -pfie e+&"ient
17 ,
18 ,
19 vehi el es, -f- ni s�and
20 tneet4*g-- tttes- e- fut -trr-e— needs- - - e-r --n v4- ees-:-
21
22 necessary p equired to
23 .
24 1. A DESCRIPTION OF THE EXISTING NECESSARY PUBLIC SERVICES IN THE
25 SERVICE AREA AND THE COSTS TO UPGRADE, UPDATE, IMPROVE, EXPAND, CORRECT OR
26 REPLACE THOSE NECESSARY PUBLIC SERVICES TO MEET EXISTING NEEDS AND USAGE AND
27 STRICTER SAFETY, EFFICIENCY, ENVIRONMENTAL OR REGULATORY STANDARDS, WHICH
28 SHALL BE PREPARED BY QUALIFIED PROFESSIONALS LICENSED IN THIS STATE, AS
29 APPLICABLE.
30 2. AN ANALYSIS OF THE TOTAL CAPACITY, THE LEVEL OF CURRENT USAGE AND
31 COMMITMENTS FOR USAGE OF CAPACITY OF THE EXISTING NECESSARY PUBLIC SERVICES,
32 WHICH SHALL BE PREPARED BY QUALIFIED PROFESSIONALS LICENSED IN THIS STATE, AS
33 APPLICABLE.
34 3. A DESCRIPTION OF ALL OR THE PARTS OF THE NECESSARY PUBLIC SERVICES
35 OR FACILITY EXPANSIONS AND THEIR COSTS NECESSITATED BY AND ATTRIBUTABLE TO
36 DEVELOPMENT IN THE SERVICE AREA BASED ON THE APPROVED LAND USE ASSUMPTIONS,
37 INCLUDING A FORECAST OF THE COSTS OF INFRASTRUCTURE, IMPROVEMENTS, REAL
38 PROPERTY, FINANCING, ENGINEERING AND ARCHITECTURAL SERVICES, WHICH SHALL BE
39 PREPARED BY QUALIFIED PROFESSIONALS LICENSED IN THIS STATE, AS APPLICABLE.
40 4. A TABLE ESTABLISHING THE SPECIFIC LEVEL OR QUANTITY OF USE,
41 CONSUMPTION, GENERATION OR DISCHARGE OF A SERVICE UNIT FOR EACH CATEGORY OF
42 NECESSARY PUBLIC SERVICES OR FACILITY EXPANSIONS AND AN EQUIVALENCY OR
43 CONVERSION TABLE ESTABLISHING THE RATIO OF A SERVICE UNIT TO VARIOUS TYPES OF
44 LAND USES, INCLUDING RESIDENTIAL, COMMERCIAL AND INDUSTRIAL.
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Study Session - August 9, 2011 - Page 134 of 142
S.B. 1525
1 5. THE TOTAL NUMBER OF PROJECTED SERVICE UNITS NECESSITATED BY AND
2 ATTRIBUTABLE TO NEW DEVELOPMENT IN THE SERVICE AREA BASED ON THE APPROVED
3 LAND USE ASSUMPTIONS AND CALCULATED PURSUANT TO GENERALLY ACCEPTED
4 ENGINEERING AND PLANNING CRITERIA.
5 6. THE PROJECTED DEMAND FOR NECESSARY PUBLIC SERVICES OR FACILITY
6 EXPANSIONS REQUIRED BY NEW SERVICE UNITS FOR A PERIOD NOT TO EXCEED TEN
7 YEARS.
8 7. A FORECAST OF REVENUES GENERATED BY NEW SERVICE UNITS OTHER THAN
9 DEVELOPMENT FEES, WHICH SHALL INCLUDE ESTIMATED STATE - SHARED REVENUE, HIGHWAY
10 USERS REVENUE, FEDERAL REVENUE, AD VALOREM PROPERTY TAXES, CONSTRUCTION
11 CONTRACTING OR SIMILAR EXCISE TAXES AND THE CAPITAL RECOVERY PORTION OF
12 UTILITY FEES ATTRIBUTABLE TO DEVELOPMENT BASED ON THE APPROVED LAND USE
13 ASSUMPTIONS, AND A PLAN TO INCLUDE THESE CONTRIBUTIONS IN DETERMINING THE
14 EXTENT OF THE BURDEN IMPOSED BY THE DEVELOPMENT AS REQUIRED IN SUBSECTION B,
15 PARAGRAPH 12 OF THIS SECTION.
16 F. -Ex-e-ep t _- f -o-r..._.a-d j-u eet+o -r_ G- of , A
17 municipality's development fee ordinance shall provide that a new development
18 fee or an increased portion of a modified development fee shall not be
19 assessed against a development for twenty -four months after the date of t1te
20 muftl-e p a-1 i t-y' s €' t- to - -dev el a 1--- liarrge s or e
21 made to thes
22 a� a THAT THE MUNICIPALITY ISSUES THE FINAL APPROVAL FOR A COMMERCIAL,
23 INDUSTRIAL OR MULTIFAMILY DEVELOPMENT OR THE DATE THAT THE FIRST BUILDING
24 PERMIT IS ISSUED FOR A RESIDENTIAL DEVELOPMENT PURSUANT TO AN APPROVED SITE
25 PLAN OR SUBDIVISION PLAT, PROVIDED THAT NO SUBSEQUENT CHANGES ARE MADE TO THE
26 APPROVED SITE PLAN OR SUBDIVISION PLAT THAT WOULD INCREASE THE NUMBER OF
27 SERVICE UNITS. IF THE NUMBER OF SERVICE UNITS INCREASES, THE NEW OR
28 INCREASED PORTION OF A MODIFIED DEVELOPMENT FEE SHALL BE LIMITED TO THE
29 AMOUNT ATTRIBUTABLE TO THE ADDITIONAL SERVICE UNITS. The twenty -four month
30 period shall not be extended by a renewal or amendment of the site plan or
31 the final subdivision plat that was the subject of the final approval. The
32 municipality shall issue, on request, a written statement of the development
33 fee schedule applicable to the development. IF, AFTER THE DATE OF THE
34 MUNICIPALITY'S FINAL APPROVAL OF A DEVELOPMENT, THE MUNICIPALITY REDUCES THE
35 DEVELOPMENT FEE ASSESSED ON DEVELOPMENT, THE REDUCED FEE SHALL APPLY TO THE
36 DEVELOPMENT.
37 G.
38 annual bas a public hear,ng if - the adjustment is - b*se - d��
39
40
41 i —r e
42
43 .
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Study Session - August 9, 2011 - Page 135 of 142
S.B. 1525
1 G. A MUNICIPALITY SHALL DO ONE OF THE FOLLOWING:
2 1. BEFORE THE ADOPTION OF PROPOSED OR UPDATED LAND USE ASSUMPTIONS,
3 INFRASTRUCTURE IMPROVEMENTS PLAN AND DEVELOPMENT FEES AS PRESCRIBED IN
4 SUBSECTION D OF THIS SECTION, THE MUNICIPALITY SHALL APPOINT AN
5 INFRASTRUCTURE IMPROVEMENTS ADVISORY COMMITTEE, SUBJECT TO THE FOLLOWING
6 REQUIREMENTS:
7 (a) THE ADVISORY COMMITTEE SHALL BE COMPOSED OF AT LEAST FIVE MEMBERS
8 WHO ARE APPOINTED BY THE GOVERNING BODY OF THE MUNICIPALITY. AT LEAST FIFTY
9 PER CENT OF THE MEMBERS OF THE ADVISORY COMMITTEE MUST BE REPRESENTATIVES OF
10 THE REAL ESTATE, DEVELOPMENT OR BUILDING INDUSTRIES, OF WHICH AT LEAST ONE
11 MEMBER OF THE COMMITTEE MUST BE FROM THE HOME BUILDING INDUSTRY. MEMBERS
12 SHALL NOT BE EMPLOYEES OR OFFICIALS OF THE MUNICIPALITY.
13 (b) THE ADVISORY COMMITTEE SHALL SERVE IN AN ADVISORY CAPACITY AND
14 SHALL:
15 (i) ADVISE THE MUNICIPALITY IN ADOPTING LAND USE ASSUMPTIONS AND IN
16 DETERMINING WHETHER THE ASSUMPTIONS ARE IN CONFORMANCE WITH THE GENERAL PLAN
17 OF THE MUNICIPALITY.
18 (ii) REVIEW THE INFRASTRUCTURE IMPROVEMENTS PLAN AND FILE WRITTEN
19 COMMENTS.
20 (iii) MONITOR AND EVALUATE IMPLEMENTATION OF THE INFRASTRUCTURE
21 IMPROVEMENTS PLAN.
22 (iv) EVERY YEAR FILE REPORTS WITH RESPECT TO THE PROGRESS OF THE
23 INFRASTRUCTURE IMPROVEMENTS PLAN AND THE COLLECTION AND EXPENDITURES OF
24 DEVELOPMENT FEES AND REPORT TO THE MUNICIPALITY ANY PERCEIVED INEQUITIES IN
25 IMPLEMENTING THE PLAN OR IMPOSING THE DEVELOPMENT FEE.
26 (v) ADVISE THE MUNICIPALITY OF THE NEED TO UPDATE OR REVISE THE LAND
27 USE ASSUMPTIONS, INFRASTRUCTURE IMPROVEMENTS PLAN AND DEVELOPMENT FEE.
28 (c) THE MUNICIPALITY SHALL MAKE AVAILABLE TO THE ADVISORY COMMITTEE
29 ANY PROFESSIONAL REPORTS WITH RESPECT TO DEVELOPING AND IMPLEMENTING THE
30 INFRASTRUCTURE IMPROVEMENTS PLAN.
31 (d) THE MUNICIPALITY SHALL ADOPT PROCEDURAL RULES FOR THE ADVISORY
32 COMMITTEE TO FOLLOW IN CARRYING OUT THE COMMITTEE'S DUTIES.
33 2. IN LIEU OF CREATING AN ADVISORY COMMITTEE PURSUANT TO PARAGRAPH 1
34 OF THIS SUBSECTION, PROVIDE FOR A BIENNIAL CERTIFIED AUDIT OF THE
35 MUNICIPALITY'S LAND USE ASSUMPTIONS, INFRASTRUCTURE IMPROVEMENTS PLAN AND
36 DEVELOPMENT FEES. AN AUDIT PURSUANT TO THIS PARAGRAPH SHALL BE CONDUCTED BY
37 ONE OR MORE QUALIFIED PROFESSIONALS WHO ARE NOT EMPLOYEES OR OFFICIALS OF THE
38 MUNICIPALITY AND WHO DID NOT PREPARE THE INFRASTRUCTURE IMPROVEMENTS PLAN.
39 THE AUDIT SHALL REVIEW THE PROGRESS OF THE INFRASTRUCTURE IMPROVEMENTS PLAN,
40 INCLUDING THE COLLECTION AND EXPENDITURES OF DEVELOPMENT FEES FOR EACH
41 PROJECT IN THE PLAN, AND EVALUATE ANY INEQUITIES IN IMPLEMENTING THE PLAN OR
42 IMPOSING THE DEVELOPMENT FEE. THE MUNICIPALITY SHALL POST THE FINDINGS OF
43 THE AUDIT ON THE MUNICIPALITY'S WEBSITE OR THE WEBSITE OF AN ASSOCIATION OF
44 CITIES AND TOWNS IF THE MUNICIPALITY DOES NOT HAVE A WEBSITE AND SHALL
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Study Session - August 9, 2011 - Page 136 of 142
S.B. 1525
1 CONDUCT A PUBLIC HEARING ON THE AUDIT WITHIN SIXTY DAYS OF THE RELEASE OF THE
2 AUDIT TO THE PUBLIC.
3 H. ON WRITTEN REQUEST, AN OWNER OF REAL PROPERTY FOR WHICH A
4 DEVELOPMENT FEE HAS BEEN PAID AFTER JULY 31, 2014 IS ENTITLED TO A REFUND OF
5 A DEVELOPMENT FEE OR ANY PART OF A DEVELOPMENT FEE IF:
6 1. PURSUANT TO SUBSECTION B, PARAGRAPH 6 OF THIS SECTION, EXISTING
7 FACILITIES ARE AVAILABLE AND SERVICE IS NOT PROVIDED.
8 2. THE MUNICIPALITY HAS, AFTER COLLECTING THE FEE TO CONSTRUCT A
9 FACILITY WHEN SERVICE IS NOT AVAILABLE, FAILED TO COMPLETE CONSTRUCTION
10 WITHIN THE TIME PERIOD IDENTIFIED IN THE INFRASTRUCTURE IMPROVEMENTS PLAN,
11 BUT IN NO EVENT LATER THAN THE TIME PERIOD SPECIFIED IN PARAGRAPH 3 OF THIS
12 SUBSECTION.
13 3. FOR A DEVELOPMENT FEE OTHER THAN A DEVELOPMENT FEE FOR WATER OR
14 WASTEWATER FACILITIES, ANY PART OF THE DEVELOPMENT FEE IS NOT SPENT AS
15 AUTHORIZED BY THIS SECTION WITHIN TEN YEARS AFTER THE FEE HAS BEEN PAID OR,
16 FOR A DEVELOPMENT FEE FOR WATER OR WASTEWATER FACILITIES, ANY PART OF THE
17 DEVELOPMENT FEE IS NOT SPENT AS AUTHORIZED BY THIS SECTION WITHIN FIFTEEN
18 YEARS AFTER THE FEE HAS BEEN PAID.
19 I. IF THE DEVELOPMENT FEE WAS COLLECTED FOR THE CONSTRUCTION OF ALL OR
20 A PORTION OF A SPECIFIC ITEM OF INFRASTRUCTURE, AND ON COMPLETION OF THE
21 INFRASTRUCTURE THE MUNICIPALITY DETERMINES THAT THE ACTUAL COST OF
22 CONSTRUCTION WAS LESS THAN THE FORECASTED COST OF CONSTRUCTION ON WHICH THE
23 DEVELOPMENT FEE WAS BASED AND THE DIFFERENCE BETWEEN THE ACTUAL AND ESTIMATED
24 COST IS GREATER THAN TEN PER CENT, THE CURRENT OWNER MAY RECEIVE A REFUND OF
25 THE PORTION OF THE DEVELOPMENT FEE EQUAL TO THE DIFFERENCE BETWEEN THE
26 DEVELOPMENT FEE PAID AND THE DEVELOPMENT FEE THAT WOULD HAVE BEEN DUE IF THE
27 DEVELOPMENT FEE HAD BEEN CALCULATED AT THE ACTUAL CONSTRUCTION COST.
28 J. A REFUND SHALL INCLUDE ANY INTEREST EARNED BY THE MUNICIPALITY FROM
29 THE DATE OF COLLECTION TO THE DATE OF REFUND ON THE AMOUNT OF THE REFUNDED
30 FEE. ALL REFUNDS SHALL BE MADE TO THE RECORD OWNER OF THE PROPERTY AT THE
31 TIME THE REFUND IS PAID. IF THE DEVELOPMENT FEE IS PAID BY A GOVERNMENTAL
32 ENTITY, THE REFUND SHALL BE PAID TO THE GOVERNMENTAL ENTITY.
33 K. A DEVELOPMENT FEE THAT WAS ADOPTED BEFORE JANUARY 1, 2012 MAY
34 CONTINUE TO BE ASSESSED ONLY TO THE EXTENT THAT IT WILL BE USED TO PROVIDE A
35 NECESSARY PUBLIC SERVICE FOR WHICH DEVELOPMENT FEES CAN BE ASSESSED PURSUANT
36 TO THIS SECTION AND SHALL BE REPLACED BY A DEVELOPMENT FEE IMPOSED UNDER THIS
37 SECTION ON OR BEFORE AUGUST 1, 2014. ANY MUNICIPALITY HAVING A DEVELOPMENT
38 FEE THAT HAS NOT BEEN REPLACED UNDER THIS SECTION ON OR BEFORE AUGUST 1, 2014
39 SHALL NOT COLLECT DEVELOPMENT FEES UNTIL THE DEVELOPMENT FEE HAS BEEN
40 REPLACED WITH A FEE THAT COMPLIES WITH THIS SECTION. ANY DEVELOPMENT FEE
41 MONIES COLLECTED BEFORE JANUARY 1, 2012 REMAINING IN A DEVELOPMENT FEE
42 ACCOUNT:
43 1. SHALL BE USED TOWARDS THE SAME CATEGORY OF NECESSARY PUBLIC
44 SERVICES AS AUTHORIZED BY THIS SECTION.
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Study Session - August 9, 2011 - Page 137 of 142
S.B. 1525
1 2. IF DEVELOPMENT FEES WERE COLLECTED FOR A PURPOSE NOT AUTHORIZED BY
2 THIS SECTION, SHALL BE USED FOR THE PURPOSE FOR WHICH THEY WERE COLLECTED ON
3 OR BEFORE JANUARY 1, 2020, AND AFTER WHICH, IF NOT SPENT, SHALL BE
4 DISTRIBUTED EQUALLY AMONG THE CATEGORIES OF NECESSARY PUBLIC SERVICES
5 AUTHORIZED BY THIS SECTION.
6 L. A MORATORIUM SHALL NOT BE PLACED ON DEVELOPMENT FOR THE SOLE
7 PURPOSE OF AWAITING COMPLETION OF ALL OR ANY PART OF THE PROCESS NECESSARY TO
8 DEVELOP, ADOPT OR UPDATE DEVELOPMENT FEES.
9 M. IN ANY JUDICIAL ACTION INTERPRETING THIS SECTION, ALL POWERS
10 CONFERRED ON MUNICIPAL GOVERNMENTS IN THIS SECTION SHALL BE NARROWLY
11 CONSTRUED TO ENSURE THAT DEVELOPMENT FEES ARE NOT USED TO IMPOSE ON NEW
12 RESIDENTS A BURDEN ALL TAXPAYERS OF A MUNICIPALITY SHOULD BEAR EQUALLY.
13 #-. N. Each municipality that assesses development fees shall submit
14 an annual report accounting for the collection and use of the fees FOR EACH
15 SERVICE AREA. The annual report shall include the following:
16 1. The amount assessed by the municipality for each type of
17 development fee.
18 2. The balance of each fund maintained for each type of development
19 fee assessed as of the beginning and end of the fiscal year.
20 3. The amount of interest or other earnings on the monies in each fund
21 as of the end of the fiscal year.
22 4. The amount of development fee monies used to repay:
23 (a) Bonds issued by the municipality to pay the cost of a capital
24 improvement project that is the subject of a development fee assessment,
25 INCLUDING THE AMOUNT NEEDED TO REPAY THE DEBT SERVICE OBLIGATIONS ON EACH
26 FACILITY FOR WHICH DEVELOPMENT FEES HAVE BEEN IDENTIFIED AS THE SOURCE OF
27 FUNDING AND THE TIME FRAMES IN WHICH THE DEBT SERVICE WILL BE REPAID.
28 (b) Monies advanced by the municipality from funds other than the
29 funds established for development fees in order to pay the cost of a capital
30 improvement project that is the subject of a development fee assessment, THE
31 TOTAL AMOUNT ADVANCED BY THE MUNICIPALITY FOR EACH FACILITY, THE SOURCE OF
32 THE MONIES ADVANCED AND THE TERMS UNDER WHICH THE MONIES WILL BE REPAID TO
33 THE MUNICIPALITY.
34 5. The amount of development fee monies spent on each capital
35 improvement project that is the subject of a development fee assessment and
36 the physical location of each capital improvement project.
37 6. The amount of development fee monies spent for each purpose other
38 than a capital improvement project that is the subject of a development fee
39 assessment.
40 -I-. 0. Within ninety days following the end of each fiscal year, each
41 municipality shall submit a copy of the annual report to the city clerk AND
42 POST THE REPORT ON THE MUNICIPALITY'S WEBSITE OR THE WEBSITE OF AN
43 ASSOCIATION OF CITIES AND TOWNS IF THE MUNICIPALITY DOES NOT HAVE A WEBSITE.
44 Copies shall be made available to the public on request. The annual report
45 may contain financial information that has not been audited.
Study Session - August 9, 2011 - Page 138 of 142
S.B. 1525
1 d--: P. A municipality that fails to file the report AND POST THE
2 REPORT ON THE MUNICIPALITY'S WEBSITE OR THE WEBSITE OF AN ASSOCIATION OF
3 CITIES AND TOWNS IF THE MUNICIPALITY DOES NOT HAVE A WEBSITE AS required by
4 this section shall not collect development fees until the report is filed AND
5 POSTED.
6 4(-: Q. Any action to collect a development fee shall be commenced
7 within two years after the obligation to pay the fee accrues.
8 R. A MUNICIPALITY MAY CONTINUE TO ASSESS A DEVELOPMENT FEE ADOPTED
9 BEFORE JANUARY 1, 2012 FOR ANY FACILITY THAT WAS FINANCED BEFORE JUNE 1, 2011
10 IF:
11 1. DEVELOPMENT FEES WERE PLEDGED TO REPAY DEBT SERVICE OBLIGATIONS
12 RELATED TO THE CONSTRUCTION OF THE FACILITY.
13 2. AFTER AUGUST 1, 2014, ANY DEVELOPMENT FEES COLLECTED UNDER THIS
14 SUBSECTION ARE USED SOLELY FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON THE
15 PORTION OF THE BONDS, NOTES OR OTHER DEBT SERVICE OBLIGATIONS ISSUED BEFORE
16 JUNE 1, 2011 TO FINANCE CONSTRUCTION OF THE FACILITY.
17 S. THROUGH AUGUST 1, 2014, A DEVELOPMENT FEE ADOPTED BEFORE JANUARY 1,
18 2012 MAY BE USED TO FINANCE CONSTRUCTION OF A FACILITY AND MAY BE PLEDGED TO
19 REPAY DEBT SERVICE OBLIGATIONS IF:
20 1. THE FACILITY THAT IS BEING FINANCED IS A FACILITY THAT IS DESCRIBED
21 UNDER SUBSECTION T, PARAGRAPH 5, SUBDIVISIONS (a) THROUGH (g) OF THIS
22 SECTION.
23 2. THE FACILITY WAS INCLUDED IN AN INFRASTRUCTURE IMPROVEMENTS PLAN
24 ADOPTED BEFORE JUNE 1, 2011.
25 3. THE DEVELOPMENT FEES ARE USED FOR THE PAYMENT OF PRINCIPAL AND
26 INTEREST ON THE PORTION OF THE BONDS, NOTES OR OTHER DEBT SERVICE OBLIGATIONS
27 ISSUED TO FINANCE CONSTRUCTION OF THE NECESSARY PUBLIC SERVICES OR FACILITY
28 EXPANSIONS IDENTIFIED IN THE INFRASTRUCTURE IMPROVEMENT PLAN.
29 1=-: T. For the purposes of this section:
30 1. "DEDICATION" MEANS THE ACTUAL CONVEYANCE DATE OR THE DATE AN
31 IMPROVEMENT, FACILITY OR REAL OR PERSONAL PROPERTY IS PLACED INTO SERVICE,
32 WHICHEVER OCCURS FIRST.
33 2. "DEVELOPMENT" MEANS:
34 (a) THE SUBDIVISION OF LAND.
35 (b) THE CONSTRUCTION, RECONSTRUCTION, CONVERSION, STRUCTURAL
36 ALTERATION, RELOCATION OR ENLARGEMENT OF ANY STRUCTURE THAT ADDS OR INCREASES
37 THE NUMBER OF SERVICE UNITS.
38 (c) ANY USE OR EXTENSION OF THE USE OF LAND THAT INCREASES THE NUMBER
39 OF SERVICE UNITS.
40 3. "FACILITY EXPANSION" MEANS THE EXPANSION OF THE CAPACITY OF AN
41 EXISTING FACILITY THAT SERVES THE SAME FUNCTION AS AN OTHERWISE NEW NECESSARY
42 PUBLIC SERVICE IN ORDER THAT THE EXISTING FACILITY MAY SERVE NEW DEVELOPMENT.
43 FACILITY EXPANSION DOES NOT INCLUDE THE REPAIR, MAINTENANCE, MODERNIZATION OR
44 EXPANSION OF AN EXISTING FACILITY TO BETTER SERVE EXISTING DEVELOPMENT.
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Study Session - August 9, 2011 - Page 139 of 142
S.B. 1525
1 4,: 4. "Final approval" means:
2 (a) For a nonresidential or multifamily development, the approval of a
3 site plan or, if no site plan is submitted for the development, the approval
4 of a final subdivision plat.
5 (b) For a single family residential development, the approval of a
6 final subdivision plat.
7 5. "NECESSARY PUBLIC SERVICE" MEANS ANY OF THE FOLLOWING FACILITIES
8 THAT HAVE A LIFE EXPECTANCY OF THREE OR MORE YEARS AND THAT ARE OWNED AND
9 OPERATED BY OR ON BEHALF OF THE MUNICIPALITY:
10 (a) WATER FACILITIES, INCLUDING THE SUPPLY, TRANSPORTATION, TREATMENT,
11 PURIFICATION AND DISTRIBUTION OF WATER, AND ANY APPURTENANCES FOR THOSE
12 FACILITIES.
13 (b) WASTEWATER FACILITIES, INCLUDING COLLECTION, INTERCEPTION,
14 TRANSPORTATION, TREATMENT AND DISPOSAL OF WASTEWATER, AND ANY APPURTENANCES
15 FOR THOSE FACILITIES.
16 (c) STORM WATER, DRAINAGE AND FLOOD CONTROL FACILITIES, INCLUDING ANY
17 APPURTENANCES FOR THOSE FACILITIES.
18 (d) LIBRARY FACILITIES OF UP TO TEN THOUSAND SQUARE FEET THAT PROVIDE
19 A DIRECT BENEFIT TO DEVELOPMENT, NOT INCLUDING EQUIPMENT, VEHICLES OR
20 APPURTENANCES.
21 (e) STREET FACILITIES LOCATED IN THE SERVICE AREA, INCLUDING ARTERIAL
22 OR COLLECTOR STREETS OR ROADS THAT HAVE BEEN DESIGNATED ON AN OFFICIALLY
23 ADOPTED PLAN OF THE MUNICIPALITY, TRAFFIC SIGNALS AND RIGHTS -OF -WAY AND
24 IMPROVEMENTS THEREON.
25 (f) FIRE AND POLICE FACILITIES, INCLUDING ALL APPURTENANCES, EQUIPMENT
26 AND VEHICLES. FIRE AND POLICE FACILITIES DO NOT INCLUDE A FACILITY OR
27 PORTION OF A FACILITY THAT IS USED TO REPLACE SERVICES THAT WERE ONCE
28 PROVIDED ELSEWHERE IN THE MUNICIPALITY, VEHICLES AND EQUIPMENT USED TO
29 PROVIDE ADMINISTRATIVE SERVICES, HELICOPTERS OR AIRPLANES OR A FACILITY THAT
30 IS USED FOR TRAINING FIREFIGHTERS OR OFFICERS FROM MORE THAN ONE STATION OR
31 SUBSTATION.
32 (g) NEIGHBORHOOD PARKS AND RECREATIONAL FACILITIES ON REAL PROPERTY UP
33 TO THIRTY ACRES IN AREA, OR PARKS AND RECREATIONAL FACILITIES LARGER THAN
34 THIRTY ACRES IF THE FACILITIES PROVIDE A DIRECT BENEFIT TO THE DEVELOPMENT.
35 PARK AND RECREATIONAL FACILITIES DO NOT INCLUDE VEHICLES, EQUIPMENT OR THAT
36 PORTION OF ANY FACILITY THAT IS USED FOR AMUSEMENT PARKS, AQUARIUMS, AQUATIC
37 CENTERS, AUDITORIUMS, ARENAS, ARTS AND CULTURAL FACILITIES, BANDSTAND AND
38 ORCHESTRA FACILITIES, BATHHOUSES, BOATHOUSES, CLUBHOUSES, COMMUNITY CENTERS
39 GREATER THAN THREE THOUSAND SQUARE FEET IN FLOOR AREA, ENVIRONMENTAL
40 EDUCATION CENTERS, EQUESTRIAN FACILITIES, GOLF COURSE FACILITIES,
41 GREENHOUSES, LAKES, MUSEUMS, THEME PARKS, WATER RECLAMATION OR RIPARIAN
42 AREAS, WETLANDS, ZOO FACILITIES OR SIMILAR RECREATIONAL FACILITIES, BUT MAY
43 INCLUDE SWIMMING POOLS.
44 (h) ANY FACILITY THAT WAS FINANCED AND THAT MEETS ALL OF THE
45 REQUIREMENTS PRESCRIBED IN SUBSECTION R OF THIS SECTION.
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Study Session - August 9, 2011 - Page 140 of 142
S.B. 1525
1 2-: 6. "Infrastructure improvements plan" means A written
2 PLAN THAT IDENTIFIES each
3 NECESSARY PUBLIC SERVICE OR FACILITY EXPANSION that is
4 proposed to be the subject of a development fee and otherwise complies with
5 the requirements of this section, and may be the municipality's capital
6 improvements plan.
7 7. "LAND USE ASSUMPTIONS" MEANS PROJECTIONS OF CHANGES IN LAND USES,
8 DENSITIES, INTENSITIES AND POPULATION FOR A SPECIFIED SERVICE AREA OVER A
9 PERIOD OF AT LEAST TEN YEARS AND PURSUANT TO THE GENERAL PLAN OF THE
10 MUNICIPALITY.
11 8. "QUALIFIED PROFESSIONAL" MEANS A PROFESSIONAL ENGINEER, SURVEYOR,
12 FINANCIAL ANALYST OR PLANNER PROVIDING SERVICES WITHIN THE SCOPE OF THE
13 PERSON'S LICENSE, EDUCATION OR EXPERIENCE.
14 9. "SERVICE AREA" MEANS ANY SPECIFIED AREA WITHIN THE BOUNDARIES OF A
15 MUNICIPALITY IN WHICH DEVELOPMENT WILL BE SERVED BY NECESSARY PUBLIC SERVICES
16 OR FACILITY EXPANSIONS AND WITHIN WHICH A SUBSTANTIAL NEXUS EXISTS BETWEEN
17 THE NECESSARY PUBLIC SERVICES OR FACILITY EXPANSIONS AND THE DEVELOPMENT
18 BEING SERVED AS PRESCRIBED IN THE INFRASTRUCTURE IMPROVEMENTS PLAN.
19 10. "SERVICE UNIT" MEANS A STANDARDIZED MEASURE OF CONSUMPTION, USE,
20 GENERATION OR DISCHARGE ATTRIBUTABLE TO AN INDIVIDUAL UNIT OF DEVELOPMENT
21 CALCULATED PURSUANT TO GENERALLY ACCEPTED ENGINEERING OR PLANNING STANDARDS
22 FOR A PARTICULAR CATEGORY OF NECESSARY PUBLIC SERVICES OR FACILITY
23 EXPANSIONS.
24 Sec. 2. Laws 2009, third special session, chapter 7, section 41, as
25 amended by Laws 2010, chapter 153, section 1, is amended to read:
26 Sec. 41. Development fees: moratorium: retroactivity
27 A. Notwithstanding any other law, beginning September 1, 2009 through
28 DECEMBER 31, 2011, a municipality shall not:
29 1. Impose any new development fees pursuant to section 9- 463.05,
30 Arizona Revised Statutes.
31 2. Increase any existing development fees authorized by section
32 9- 463.05, Arizona Revised Statutes.
33 B. For the purposes of this section, the date of the imposition of a
34 new development fee or an increase in an existing development fee shall be
35 the date of the final action by the municipality's governing body if adopted
36 on or after March 1, 2009 and before September 1, 2009.
37 C. Notwithstanding subsection B of this section, any fees paid or
38 charged on and after June 29, 2009 until JULY
39 29, 2010 shall not be retroactively increased.
40 D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A
41 MUNICIPALITY FROM REDUCING THE DEVELOPMENT FEES ASSESSED ON DEVELOPMENT.
42 B—. E. This section, as amended by tl4-s� LAWS 2010, CHAPTER 153,
43 SECTION 1, applies retroactively to from and after August 31, 2009.
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Study Session - August 9, 2011 - Page 141 of 142
S.B. 1525
1 Sec. 3. Construction contracting tax rates: municipalities:
2 retroactivity
3 A. Notwithstanding any other law, from and after June 30, 2011 through
4 July 31, 2014, a municipality shall not adopt any increase in its
5 construction contracting or similar excise tax rate to a percentage amount in
6 excess of the transaction privilege rate imposed on the majority of other
7 transaction privilege tax classifications.
8 B. This section is effective retroactively to from and after June 30,
9 2011.
10 Sec. 4. Legislative intent: grandfathered fee collections:
11 protection of municipal debt service obligations
12 Pursuant to section 9- 463.05, subsection R, Arizona Revised Statutes,
13 as amended by this act, it is the intent of the legislature that a
14 municipality may continue to collect and use a development fee adopted before
15 January 1, 2012, even if the development fee would not otherwise be permitted
16 to be collected and spent pursuant to this act, if:
17 1. The development fee has been pledged towards the repayment of debt
18 service obligations incurred by a municipality to construct necessary public
19 services before June 1, 2011.
20 2. The necessary public services were included in a municipality's
21 infrastructure improvements plan before June 1, 2011.
22 3. The municipality meets all of the requirements of section 9- 463.05,
23 subsection R, Arizona Revised Statutes, as amended by this act.
24 Sec. 5. Effective date
25 Section 9- 463.05, Arizona Revised Statutes, as amended by this act, is
26 effective from and after December 31, 2011.
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