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Home My WebLink About09/06/2011 Council Agenda Packet RA MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 6, 2011, at or after 7:00 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. As a courtesy_ to others, please turn off or Rut in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials Regular Council Meeting - September 6, 2011 - Page 1 of 170 printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, September 05, 2011, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCEANVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the call to the public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the town's overhead projector /document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS National Hunger Action Month National Preparedness Month Veterans Support Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS Regular Council Meeting - September 6, 2011 - Page 2 of 170 CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C l: Ordinance No. 2011.22: Relating to Business Regulations; amending the Marana Town Code Title 9 "Business Regulations ", Chapter 9 -4 entitled "Massage Establishments "; modifying definitions; providing that licenses are non - transferable; modifying application and investigation process; providing for appeal procedure; and declaring an emergency Resolution No. 2011 -84 Relating to Business Regulations; declaring the amendments to Marana Town Code Title 9 'Business Regulations ", Chapter 9- 4 entitled "Massage Establishments ", modifying definitions, providing that licenses are non - transferable, modifying application and investigation process, providing for appeal procedure, as a public record filed with the Town Clerk (Jane Fairall) C 2: Resolution No. 2011 -85: Relating to the Marana Municipal Airport; authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration for funding in an amount not to exceed $580,000 for reimbursement of cost overruns on the Airport Road Project and to take all other actions necessary to secure and satisfy the grant; repealing Marana Resolution No. 2011 -49 (T VanHook) C 3: Resolution No. 2011 -86: Relating to Administration; approving a Litigation/Legal Holds Administrative Directive for Town of Marana employees and elected and appointed officials (Jane Fairall) C 4: Resolution No. 2011 -87: Relating to Community Development; approving and authorizing the Mayor to sign a replacement intergovernmental agreement with the Arizona Board of Regents on behalf of the University of Arizona College of Architecture and Landscape Architecture for the design and construction of bus P g shelters within the Town of Marana (T VanHook) C 5: Minutes of the August 16 regular meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the American Diabetes Association on behalf of Harley- Davidson, 7355 N. I -10 Eastbound Frontage Road for HOGtoberfest BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A l: PUBLIC HEARING: Ordinance No. 2011.23: Relating to Development; adopting an amendment to the Continental Ranch Specific Plan for the Pines Phase IIb (Lisa Shafer) Regular Council Meeting - September 6, 2011 - Page 3 of 170 A 2: Ordinance No. 2011.24: Relating to Utilities; replacing existing Town Code Title 14, entitled Water, with a comprehensively revised Town Code Title 14, entitled Utilities; revising the content of Town Code Title 14 to include water and wastewater utilities; and establishing an effective date Resolution No. 2011 -88 Relating to Utilities; declaring the comprehensive revisions to Town Code Title 14 as a public record filed with the Town Clerk (Frank Cassidy) A 3: Resolution No. 2011 -89: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the design and construction of two bridges along the Santa Cruz River behind Continental Ranch (Tom Ellis) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative/Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies (Gilbert Davidson) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning an matter listed on this g Y g Y agenda. E 2: Executive session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, Arizona Court of Appeals No. 1 CA CV 110381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request ( Marana Town Code, Title 2, Chapter 2 -4, Section 2 -4 -2 B) ADJOURNMENT Regular Council Meeting - September 6, 2011 - Page 4 of 170 y y I Rk owo 1 LA con DWITIMINT""', I ik a I IS, � � 1 HR c7 ndfidift T . Mo y y� �® 5 I NN jotoo MW r k g A a 3 { r v i c ti flue \ yr NO M Sys �' H %W! \ y /,! Y a / MR i r \ 3{ gy p, e -.., � + .... € . -: •� l I _ u`� +I a I M IIf II g N y s Alw m r f xx / . 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, September 6, 2011, 7:00:00 PM To: Mayor and Council Item C 1 From: Jane Fairall Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2011.22: Relating to Business Regulations; amending the Marana Town Code Title 9 "Business Regulations ", Chapter 9 -4 entitled "Massage Establishments"; modifying definitions; providing that licenses are non - transferable; modifying application and investigation process; providing for appeal procedure; and declaring an emergency Resolution No. 2011 -84 Relating to Business Regulations; declaring the amendments to Marana Town Code Title 9 'Business Regulations ", Chapter 94 entitled "Massage Establishments ", modifying definitions, providing that licenses are non - transferable, modifying application and investigation process, providing for appeal procedure, as a public record filed with the Town Clerk Discussion: On February 15, 2011, the Town Council adopted Ordinance No. 2011.01, amending the Town Code to add Chapter 9 -4 related to the regulation and licensing of massage establishments. The ordinance provided that the regulations would be effective 31 days after their adoption; however, those entities regulated by the ordinance were granted an additional 90 days from the effective date to come into compliance with the provisions of the ordinance. As Town staff began to process license applications under the new ordinance, it became apparent that there were some provisions in the law that could be more clearly stated. The proposed amendments will provide for that added clarity and close any unintended loopholes in the code. Specific proposed changes include: 1. Clarifying that an applicant for a massage establishment license must be an owner or controlling person in the establishment or a person responsible for day -to -day operations of the business, such as a manager 2. Clarifying that licenses issued pursuant to Chapter 9 -4 are non - transferable 3. Providing for a clear review and appeal process for denial, suspension, revocation or nonrenewal of a license, including an appeal hearing before a hearing officer designated by the Town Manager 4. Clarifying that all applicants, owners, controlling persons and the designated agent for an establishment must be fingerprinted for a background check upon application for an establishment license Regular Council Meeting - September 6, 2011 - Page 8 of 170 5. Clarifying that investigation into an application will include not only a background check by the police department, but also inspection of the premises by other town departments and federal, state or county agencies as appropriate to ensure conformance with all applicable laws Financial Impact: None. ATTACHMENTS: Name: Description: Type: D Ordinance amending Chap_9- 4 ss Maage Establishments_(00027751.),DOC Ordinance Ordinance O Resolution declaring revisions to Chap 9- 4_a�ublic record_(00027752).DOC Resolution Resolution ❑ Revisions to_ Massage _Est, blshment Ordinance_ Exhibit A - Amendments to Massage Exhibit (00027725).D_O_C_ Establishment Code Staff Recommendation: Staff recommends approval of the proposed amendments to the massage establishment provisions of the Town Code. Suggested Motion: I move to adopt Ordinance No. 2011.22, amending the Marana Town Code Title 9 'Business Regulations Chapter 9 -4 entitled "Massage Establishments" and Resolution No. 2011 -84, declaring the amendments to the Marana Town Code Title 9 a public record. Regular Council Meeting - September 6, 2011 - Page 9 of 170 MARANA ORDINANCE NO. 2011.22 RELATING TO BUSINESS REGULATIONS; AMENDING THE MARANA TOWN CODE TITLE 9 `BUSINESS REGULATIONS ", CHAPTER 9 -4 ENTITLED "MASSAGE ESTABLISHMENTS"; MODIFYING DEFINITIONS; PROVIDING THAT LICENSES ARE NON- TRANSFERABLE; MODIFYING APPLICATION AND INVESTIGATION PROCESS; PROVIDING FOR APPEAL PROCEDURE; AND DECLARING AN EMERGENCY WHEREAS the Town is authorized by A.R.S. § 32 -4258 to adopt and enforce regulations affecting the establishments, locations and settings in which individuals, entities and businesses engage in the practice of massage therapy; and WHEREAS the Town Council finds that the regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The amendments to the Marana Town Code Title 9 "Business Regulations ", Chapter 9 -4 entitled "Massage Establishments ", three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to Resolution No. 2011 -84 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. RegulMQ"ditVp2 6, 2011 - Page 10 of 170 _ 1 - 100027751.DOC /} SECTION 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6 day of September, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regu1 VgjUj §e*ember 6, 2011 - Page 11 of 170 -2- 100027751:DOC /} MARANA RESOLUTION NO. 2011-84 RELATING TO BUSINESS REGULATIONS; DECLARING THE AMENDMENTS TO MARANA TOWN CODE TITLE 9 `BUSINESS REGULATIONS ", CHAPTER 9 -4 ENTITLED "MASSAGE ESTABLISHMENTS ", MODIFYING DEFINITIONS, PROVIDING THAT LICENSES ARE NON - TRANSFERABLE, MODIFYING APPLICATION AND INVESTIGATION PROCESS, PROVIDING FOR APPEAL PROCEDURE, AS A PUBLIC RECORD FILED WITH THE TOWN CLERK BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments to the Marana Town Code Title 9 "Business Regulations," Chapter 94 entitled "Massage Establishments ", a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6 th day of September, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting - September 6, 2011 - Page 12 of 170 {00027752.DOC /} EXHIBIT A TO MARANA RESOL UTION NO. 2011 -84 Amendments to the Marana Town Code, Title 9 "Business Regulations, " Chapter 9 -4 "Massage Establishments " pursuant to Marana Ordinance No. 2011.22 SECTION 1. Section 9 -4 -2 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with s tFike- t . 9-4 -2 Definitions The following definitions shall apply throughout this chapter unless the context clearly indicates otherwise. A. "Applicant" means a person who applies for a manager license or a massage establishment license. The applicant for a massage establishment license must be an owner of or a controlling person in the establishment or a person who as day -to -day operational control or responsibility for the establishment. such as a manager. If the applicant is a corporation, firm, partnership, ion, organization or any other group acting as a unit, only one natural person need serve as the applicant for purposes of this chapter: however, that natural person must be an owner of or a controlling person in the establishment or a person who has day -to -day operational control or responsibility for the establishment, such as a manager. B. "Client" means an individual who enters into an agreement for massage therapy for a fee, income or compensation of any kind. C. "Controlling person" means any individual who has a twenty percent (20 %) or greater interest in the ownership or the earnings of the business. D. "Designated agent' means the individual designated by the applicant who will be the responsible party to receive town notices pursuant to this chapter. E. "Employ" means to hire, or to engage or authorize the services of, without regard to compensation, any individual, on a full -time, part-time, or contract basis, whether or not the person employed, hired or engaged is designated an employee, independent contractor, or sublessee. F. "Employee" means any person who performs any service at a massage facility on a full -time, part-time or contract basis, whether or not the person is designated an employee, independent contractor, or sublessee. Employee does not include a person exclusively at the massage facility for repair or maintenance of the massage facility or for the delivery of goods to the licensee. G. "Knowingly" means with respect to conduct or a circumstance described by this chapter, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission. H. "Licensee" means the person in whose name a license has been issued by the license inspector pursuant to this chapter. If the licensee is a corporation. firm. partnership, association, organization or any other group acting as a unit. Regular Council MB L -5�teTber 6, 2011 - Page 13 of 170 1 JHF8129111 EXHIBIT A TO MARANA RESOL UTION NO. 2011 -84 Amendments to the Marana Town Code, Title 9 "Business Regulations, " Chapter 9 -4 "Massage Establishments " pursuant to Marana Ordinance No. 2011.22 each owner, controlling person and corporate officer shall be considered -a licensee for purposes of this chapter. [Paragraphs I through P remain unchanged] SECTION 2. Section 9 -4 -3 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with s4ike- etA tex4: 9-4 -3 Duties of license inspector; appeals A. It shall be the duty and responsibility of the town's license inspector, described in section 9 -1 -6, to administer the provisions of this chapter. Pursuant to this duty, the license inspector shall issue, renew, deny, suspend, or revoke massage establishment licenses or manager licenses as required by this chapter. B. Any party aggrieved by a decision of the license inspector under this chapter may Fequest -a h as provided in in this chapter SECTION 3. Section 9 -4 -6 of the Marana Town Code is hereby revised as follows with added text shown with double underlining 9-4-6 Massage establishment license required; non- transferability: exclusions A. It is unlawful for any person to conduct or operate a massage establishment without first obtaining and maintaining in effect a current, unrevoked and unsuspended massage establishment license as required by this chapter. B. It is unlawful for any person licensed as provided in this chapter to operate under any name or conduct business under any designation not specified in the license. C. It is unlawful for any massage establishment licensed as provided in this chapter to conduct business at any location not specified in the license. D. All massage establishment licenses issued pursuant to this chapter are non-transferable, Upon the sale or transfer of any interest in a massage establish a new application must be submitted for that establishment an I provisions of this chapter shall apply to the new application. IE. The provisions of paragraph A shall not apply to a place of business or establishment where all persons offering massage or touching techniques or massage therapy are licensed as either a barber, aesthetician, cosmetologist, or nail technician pursuant to Arizona revised statutes, and who practice within the scope of that person's license. Regul�6i� t��tiy�g - September 6, 2011 - Page 14 of 170 -2- EXHIBIT A TO MARANA RESOLUTION NO. 2011 -84 Amendments to the Marana Town Code, Title 9 "Business Regulations, " Chapter 9 -4 "Massage Establishments "pursuant to Marana Ordinance No. 2011.22 SECTION 4. Section 9 -4 -7 of the Marana Town Code is hereby revised as follows with added text shown with double underlining 9-4 -7 Manager license required non - transferability A. It is unlawful for any person to exercise overall operational control of a massage establishment, to supervise employees, or to fulfill any of the functions required of a manager by this chapter without first obtaining and maintaining in effect a current, unrevoked and unsuspended manager license as required by this chapter. B All manager licenses issued pursuant to this chanter are non - transferable. SECTION 5. Section 9 -4 -8 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with s tfike- eut te : 9-4 -8 New license application; fees A. Any person desiring to obtain a massage establishment or manager license shall apply to the license inspector on the form provided by the license inspector for that purpose. The license inspector shall refer the application to the pelise appropriate town departments for appFepr-iate investigation. B. Each application shall be accompanied by a non - refundable application fee and a first year license fee as set forth by a fee schedule approved by the council and amended from time to time. If a license application is denied, the first year license fee will be refunded to the applicant. C. In addition to the fees required by paragraph B, each person required to submit fingerprints pursuant to this chapter , a- manager lieense shall pay the license inspector the fee established by the director of the Arizona department of public safety for the processing of fingerprints pursuant to this chapter and A.R.S. § 41 -1750. This fee 6. Section 9- 4 -9(A) of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with s trike - : 9-4 -9 Massage establishment license application; separate license; husband and wife A. Each application for a massage establishment license shall consist of, as applicable, the following: 1. The full legal name, business name, business phone number, legal form of applicant, current residential phone number and current residence or legal address of the applicant. RW%WN -aq - September 6, 2011 - Page 15 of 170 - 3 - EXHIBIT A TO MARANA RESOLUTION NO. 2011 -84 Amendments to the Marana Town Code, Title 9 "Business Regulations, " Chapter 9 -4 "Massage Establishments "pursuant to Marana Ordinance No. 2011.22 2. Physical description and date and place of birth of the applicant. 3. Any other names by which the applicant has been known. 4. The address at which the applicant desires to do business. 5. The applicant's mailing address for purposes of receiving town notices and other licensing correspondence relating to the applicant, the licensee, or the enforcement of this chapter. 6. The business hours for the establishment. 7. All residence addresses of the applicant for the five -year period prior to the date of application and the dates of residence at each. 8. The name or names of all managers and the designated agent. 9. The name or names of all controlling persons. 10. The A -applicant's business, occupation and employment history for the five -year period immediately preceding the date of application, including addresses and dates of employment. 11. Written proof, in the form of a current driver's license with picture, or other current picture identification document issued by a governmental agency, that the applicant has reached the age of 18 years. 12. The business license history of the applicant; whether the applicant, while operating in this or another city or state under license, has had a previous license revoked or suspended, the reason for the revocation or suspension, and the business activity or occupation subsequent to the suspension or revocation. 13. All felony and misdemeanor convictions of the applicant excluding those for civil traffic offenses, and the grounds for each conviction. 14. The applisant!s 6 full set of fingerprints on a standard fingerprint card, recorded by the police department for each of the following individuals: a. All applicants b. All owners of and controlling persons in the establishment c. The designated agent 15. The articles of incorporation, articles of organization, or certificate of limited partnership, together with any amendments, for the applicant, as applicable. 16. A list of services to be offered by the massage establishment. 17. A GleaFt i legible rkptrh „r- doagFaFn s it e p showing the configuration of _ the overall business premises and a floor plan containing the information required by this paragraph The sketch eF d*agFaFn plam need not be professionally prepared but shall must be at lea st 8 1/2 inches by 11 inches in size. with marked dimeRS*GAS Of the Regu1j6A b6"pp - September 6, 2011 - Page 16 of 170 4 EXHIBIT A TO MARANA RESOL UTION NO. 2011 -84 Amendments to the Marana Town Code, Title 9 "Business Regulations, " Chapter 9 -4 "Massage Establishments "pursuant to Marana Ordinance No. 2011.22 " M Aduding transpaFent glass that e)dends FneFe than fifty fGUF iAGhes ftem the level o t he finished The sketch shall include the following: a. The location of all interior doors, walls, curtains and room dividers. b. A description of the use of each interior space or room, including a designation, by type of use, of each room or space available for massage or touching techniques or massage therapy by the applicant. c. A designation of each room or space that is being, or is intended to be, leased, subleased or licensed for use by any person other than the applicant and a description of its intended and actual use. d. A designation of each room or space that is being, or is intended to be, leased, subleased, or licensed for use by any person other than the applicant for purposes of offering massage or touching techniques or massage therapy and a description of its intended and actual use. e. The location of the business license required to be displayed pursuant to this chapter. 18. One digital photograph of the applicant taken by the license inspector or designee at the time of application. 19. Any other identification and information the license inspector may require. [Paragraphs B and C remain unchanged] SECTION 7. Section 9 -4 -12 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with strike out text 9-4 -12 License application investigation; authority to receive criminal history record information; use of criminal history record information A. Any applicant for a massage establishment license or a manager license issued pursuant to this chapter shall personally appear at the office of the license inspector and shall present the application containing the information required by this chapter. B. The peNse -d town shall have a reasonable time within which to investigate the application and the background of the applicant, all owners and controlling persons the designated agen and the manager. The investigation all include an inspection of the premises of the massage establishment or proposed massage establishment by the appropriate town departments. as well as any appropriate federal, state or county agencies, for the purpose of nsurina compliance with this chapter and any code, statute or regulation relating th, safety or welfare or structural safety Based on the Regul jb qj6"pg - September 6, 2011 - Page 17 of 170 5 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -84 Amendments to the Marana Town Code, Title 9 `Business Regulations, " Chapter 9 -4 "Massage Establishments " pursuant to Marana Ordinance No. 2011.22 investigation, the p9ke departments shall recommend to the license inspector approval or denial of the license. [Paragraphs C through E remain unchanged] SECTION 8. Section 9- 4 -13(A) of the Marana Town Code is hereby revised as follows with added text shown with double underlining 9-4 -13 License renewal A. Within one year of the issue date for the previously effective license, all licensees under this chapter wishing to remain licensed shall apply for renewal on a form established by the license inspector. The renewal form must be submitted at least 60 days prior to the renewal date with the applicable renewal fee, as set forth in the fee schedule approved by the council and amended from time to time. For a massage establishment license renewal, the license must submit a current listing of massage therapists working at the establishment, and each massage therapist's Arizona state license number with date of license expiration. The license inspector is authorized to investigate and obtain necessary information to update the original license application and to determine whether the license should be renewed. For a assaae establishment license renewal, investigation may include an inspection of the premises of the massage establishment by the appropriate town departments, as well as any appropriate federal, state or county agencies, for the purpose of ensuring compliance with this chapter and any code, statute or regulation relating to human health, safety or welfare or structural safety No license shall be renewed unless the licensee complies with all provisions of this chapter. [Paragraph B remains unchanged] SECTION 9. Section 94-14 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with strike out 9-4 -14 Denial, suspension, revocation or nonrenewal of license A. The license of a massage establishment or license of a manager may be denied, revoked, suspended for a period not to exceed 30 calendar days or denied renewal upon any one or more of the following grounds: 1. The applicant, licensee or controlling person is guilty of fraud in conducting the business of a massage establishment or of fraud or deceit in obtaining a license. 2. The applicant, licensee or controlling person has been convicted within the past five years in a court of competent jurisdiction of a felony or misdemeanor offense having a reasonable relationship to the functions of a massage establishment or a massage therapist. Regu116 @" I tipp - September 6, 2011 - Page 18 of 170 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -84 Amendments to the Marana Town Code, Title 9 `Business Regulations, " Chapter 9 -4 "Massage Establishments " pursuant to Marana Ordinance No. 2011.22 3. The applicant, licensee or controlling person has been convicted within the last five years of any offense proscribed by title 13, chapters 14, 32, and 35.1 of the Arizona Revised Statutes, or any offense committed outside this state or town that if committed in this state or town would constitute a violation of any offense proscribed by title 13, chapters 14, 32, and 35.1 of the Arizona Revised Statutes. 4. , The applicant, licensee or controlling person is guilty of untrue, fraudulent, misleading, or deceptive advertising. 5. The applicant, licensee or controlling person is engaged in the business of massage therapist, manager, or massage establishment under a false or assumed name, or is impersonating another therapist or manager of a like or different name. 6. The applicant, licensee or controlling person has violated any of the provisions of this chapter. This paragraph shall apply regardless of the location at which the violation occurred. 7. In the case of a massage establishment, any person who did not qualify as a controlling person at the time the license was issued has acquired a 20% or greater interest in the licensee. 8. In the case of a massage establishment, the massage establishment has operated at a location that has not been licensed for use by the town. 9. In the case of a massage establishment, the applicant or licensee has ceased to use the license for purposes of offering massage therapy. The failure to offer massage therapy at a massage establishment for 30 consecutive days shall create a rebuttable presumption that the applicant has ceased to use the license for purposes of offering massage therapy. 10. In the case of a massage establishment, the applicant or licensee has failed to maintain in the records of the license inspector the name of an individual as a designated agent. 11. The applicant, licensee, manager or designated agent has photographed a customer while the customer was on the premises of a massage establishment and located within any treatment room, restroom, locker room or dressing room, without the express, written permission of that customer. For purposes of this subparagraph the word "photographed shall mean the use of any electronic or mechanical device to record, reproduce or transmit an optical image. 12. The applicant, licensee or controlling person knows or should have known that prostitution, indecent exposure or pornographic acts are occurring or have occurred in the operation of the massage establishment. 13. The license application was falsified. 14. The applicant, licensee or a controlling person has an outstanding warrant for his or her arrest. Regulj6� "Wpp - September 6, 2011 - Page 19 of 170 7 15. The applicant was a controlling person for a massage establishment license that was revoked within the previous five years for an act or acts that occurred while the controlling person was a controlling person for the licensee. B. The massage establishment license shall be denied if any of the following persons would be disqualified under this chapter: 1. The president or other executive officers of a corporate applicant; 2. Each general partner of an applicant that is a limited partnership or any partner of a non - limited partnership applicant; 3. The managing member, officer or employee of the applicant; 4. Any controlling person of the applicant. C. If a licensee appeals the suspension, revocation or nonrenewal of a license pursuant to the appeal provisions of this chapter, the licensee shall be permitted to continue operations under the previously effective license unti resolution of the appeal. SECTION 10. New section 94-15 entitled "Procedure for denial, suspension, revocation or nonrenewal; appeals" is hereby added to the Marana Town Code as follows and the sections that follow are renumbered to conform: 94-15 Procedure for denial, suspension, revocation or nonrenewal; appeals A. If the license inspector determines that grounds exist to deny, suspend or revoke an application or license, or to deny renewal of a license, the license inspector shall notify the applicant or licensee in writing of the denial, suspension or revocation. The notice shall include justification for the denial, suspension or revocation with references to the statutes, ordinances, codes or substantive policy statements on which the denial, suspension or revocation is based, and shall be mailed by certified mail to the address of the applicant or licensee listed in the current year's license application or renewal application. The notice shall also include an explanation of the applicant's or licensee's right of appeal. The effective date of the notice shall be the date the notice is actually received. B. Within ten business days after the effective date of the notice, the applicant or licensee may provide a written response and request for an appeal hearing to the license inspector, which shall include a statement of reasons why the license should not be denied, suspended or revoked. If the license inspector does not receive a response within this time period, the denial, suspension or revocation shall be final. C. Within seven business days after receipt of the applicant's or licensee's response, the license inspector shall either grant the license or rescind the suspension or revocation or schedule an appeal hearing before the hearing' officer, as designated by the town manager. The applicant or licensee shall Regu116@" "ipp - September 6, 2011 - Page 20 of 170 8 be notified in writing by certified mail of the date, time and location of the hearing. The hearing shall be scheduled not less than 15 and no more than 30 calendar days after receipt by the license inspector of the applicant's or licensee's response and request for hearing. The hearing shall be conducted in an informal manner and the rules of evidence shall not apply. The applicant or licensee may be represented by an attorney. Q. Within five business days after completion of the hearing, the hearing officer shall render a written decision and shall mail a copy of the decision by certified mail to the address specified by the applicant or licensee. The hearing officer's decision shall be deemed final five business days after it is mailed and shall constitute final administrative action. E. After a denial, suspension or revocation has been upheld by the hearing officer, the applicant or licensee may seek judicial review of the administrative action in any court of competent jurisdiction. SECTION 11. Existing section 9 -4 -15 of the Marana Town Code (renumbered as section 9 -4 -16 by section 10 of this ordinance), is hereby revised as follows with added text shown with double underlining and deletions shown with stfike But to -M 9-4 -16-6 Application after denial or revocation No applicant may apply for a license within one year of the date of a denial, suspension, revocation or nonrenewal of the applicant's license, unless the cause of the denial, suspension revocation, or nonrenewal has been remedied to the satisfaction of the license inspector and at least 90 calendar days have elapsed since the effective date of the denial, revocation or nonrenewal. SECTION 12. Existing section 9 -4 -18 of the Marana Town Code (renumbered as section 9 -4 -19 by section 10 of this ordinance), is hereby revised as follows with added text shown with double underlinin >? and deletions shown with stFike eut tev 9-4 -189- Massage establishment special requirements A massage establishment licensee shall comply with the following requirements and no massage establishment license shall be issued unless inspection by a town department or, where appropriate, a federal, state or county agency indicates that the site of the establishment complies with each of the following requirements: A. A readable sign shall be permanently affixed at the main entrance to the business identifying the business as a massage establishment. B. Lighting of ten foot candles, measured at a height of 30 inches at the approximate center of the room or enclosure, shall be provided in each room or enclosure where services are performed on patrons. C. Ventilation shall be provided in accordance with title 7 of the town code. Regu1j6 i 0Wpp -September 6, 2011 -Page 21 of 170 9 D. Adequate equipment shall be provided for disinfecting and sterilizing instruments used in administering or practicing any of the subjects or methods of treatment administered or practiced by the establishment. E. Hot and Gold FURRiR9 wateF, tempeFed by Fneans of a mixing valve faueet, shag he pFeyided at all times F-. Closed cabinets shall be provided, and used, for the storage of clean linens. GE. Notwithstanding any other requirement of this chapter, a minimum of one shower or tub shall be provided for any establishment offering any hydrotherapy services including whirlpool baths, saunas, steam baths, and herbal wraps. #S. Any pool or spa shall be issued a permit and inspected as required by the Marana pool and spa code. 4H.AII walls, ceilings, floors, showers, bathtubs, steam rooms, and all other physical facilities within the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilets and wash basins shall be thoroughly cleaned each day business is in operation. Shower compartments and bathtubs, where provided, shall be thoroughly cleaned after each use. 41. Clean and sanitary sheets and towels shall be provided for each patron of the establishment. The head rest of each table shall be provided with a clean and sanitary covering for each patron. Kt. All wash basins within an establishment shall: have hot and cold running water, tempered by means of a mixing valve faucet at all times provide sanitary towels placed in permanently installed dispensers or upon a permanently attached roll dispenser; and provide soap in a soap dispenser that is placed on or near the wash basin. A hand wash basin shall be provided in each treatment room providing hydrotherapy services, including whirlpool baths, saunas, steam baths and herbal wraps. ReguII6@" J JWipp - September 6, 2011 - Page 22 of 170 10 NA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, September 6, 2011, 7:00:00 PM To: Mayor and Council Item C 2 From: T VanHook , Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2011 -85: Relating to the Marana Municipal Airport; authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration for funding in an amount not to exceed $580,000 for reimbursement of cost overruns on the Airport Road Project and to take all other actions necessary to secure and satisfy the grant; repealing Marana Resolution No. 2011 -49 Discussion: In February 2011, the Town submitted two applications for funding to the FAA under the Airport Improvement Program (AIP) to fund cost overruns on the Airport Road Project (FAA AIP 03-04 - 0058 -14). Funding has tentatively been approved and the FAA has notified the Town of a pending grant agreement. The Airport Road Project was completed in 2009 with funding provided by both the FAA and the Arizona Department of Transportation. Grant funding did not cover the full cost of design and construction. Under FAA regulation, the Town is eligible to apply pending and future funding to the project. Dollars tentatively awarded to the Town will be applied to reimburse the general fund for a portion of those costs. Typically, FAA grant agreements must be executed and returned to the FAA within a very short window of time. The proposed resolution will authorize the Town Manager to execute the agreement once it is received by the Town and to take all further action necessary to carry out the terms of the agreement and the requirements for funding under the FAA AIP for fiscal years 2011 and 2012. Marana Resolution 2011 -49 authorized the Town Manager to execute a grant agreement with the Federal Aviation Administration (FAA) for funding in the amount of $418,122 for reimbursement of cost overruns on the Airport Road Project and for costs associated with the completion of an Airport Layout Plan at the Marana Municipal Airport and to take all other actions necessary to secure and satisfy the grant. Because of changes in FAA funding and the strategic direction at the Marana Municipal Airport, changes will be made to the pending FAA grant agreement that require the repeal and replacement of Marana Resolution 2011 -49 to reflect the elimination of funding for an Airport Layout Plan during federal fiscal years 2011 and 2012. Financial Impact: Regular Council Meeting - September 6, 2011 - Page 23 of 170 In accordance with U.S. Code, Title 49, Section 47108(b), these federal funds may equal a maximum of 95% of the allowable costs incurred for this project. This match requirement has been fulfilled for the Airport Road Project and the grant agreement will provide cost recovery for dollars spent during previous fiscal years. ATTACHMENTS: Name: Description: Type: ❑ Resolution grant agreement for Airport Road (00027M).DOC Resolution Resolution Staff Recommendation: Staff recommends approval of Resolution No. 2011 -85, repealing and replacing Resolution No 2011 -49 and authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration providing funding for the Marana Municipal Airport during federal fiscal years 2011 and 2012. Suggested Motion: I move to adopt Resolution No. 2011 -85, authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration for funding in an amount not to exceed $580,000 for reimbursement of cost overruns on the Airport Road Project and to take all other actions necessary to secure and satisfy the grant and repealing Marana Resolution No. 2011 -49. Regular Council Meeting - September 6, 2011 - Page 24 of 170 MARANA RESOLUTION NO. 2011-85 RELATING TO THE MARANA MUNICIPAL AIRPORT; AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR FUNDING IN AN AMOUNT NOT TO EXCEED $580,000 FOR REIMBURSEMENT OF COST OVERRUNS ON THE AIRPORT ROAD PROJECT AND TO TAKE ALL OTHER ACTIONS NECESSARY TO SECURE AND SATISFY THE GRANT; REPEALING MARANA RESOLUTION NO. 2011-49 WHEREAS A.R.S. § 28 -8411 authorizes the Town Council of the Town of Marana to undertake all activities necessary to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate an airport; and WHEREAS A.R.S. § 28 -8413 authorizes the Town of Marana to accept and receive federal and other monies for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of an airport; and WHEREAS the Town of Marana submitted a grant request dated February 8, 2011 to the Federal Aviation Administration (FAA) under the Airport Improvement Program (AIP) to fund cost overruns on the Airport Road Project (FAA AIP 03 0058 -14); and WHEREAS on May 18, 2011, the Town Council adopted Marana Resolution No. 2011 -49, authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration (FAA) for funding in the amount of $418,122 for reimbursement of cost overruns on the Airport Road Project and for costs associated with the completion of an Airport Layout Plan at the Marana Municipal Airport; and WHEREAS changes in FAA funding and the strategic direction at the Marana Municipal Airport require the repeal and replacement of Marana Resolution No. 2011 -49 to reflect the elimination of funding for an Airport Layout Plan during federal fiscal years 2011 and 2012; and WHEREAS the FAA has acknowledged a tentative award to the Town of Marana for funding in the amount of $580,000 during federal fiscal years 2011 and 2012 for the grant request related to the cost overruns on the Airport Road Project; and WHEREAS under the AIP program, the Town of Marana will be required to provide a 5 %match for the funding; and Regulgqap i & ggg2 O Ppp3ember 6, 2011 -Page 25 of 170 {00027748.DOC /} WHEREAS the Town Council finds that authorizing the Town Manager to execute a grant agreement with the FAA for funding of the project is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Manager is hereby authorized to execute a grant agreement with the Federal Aviation Administration for funding in an amount not to exceed $580,000 for reimbursement of cost overruns on the Airport Road Project. SECTION 2. Marana Resolution No. 2011 -49 is hereby repealed. SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution, including the expenditure of up to 5% in matching funds as required by the AIP program and taking any further appropriate and necessary actions to complete the requirements for funding under the FAA AIP for federal fiscal years 2011 and 2012. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6 th day of September, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul g qaggWiki jMggg Z D t Sppg ember 6, 2011 -Page 26 of 170 2 {00027748.DOC /} 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, September 6, 2011, 7:00:00 PM To: Mayor and Council Item C 3 From: Jane Fairall , Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2011 -86: Relating to Administration; approving a Litigation/Legal Holds Administrative Directive for Town of Marana employees and elected and appointed officials Discussion: The proposed Administrative Directive sets forth the procedures the Town has used and will continue to use to ensure that evidence relevant to pending or reasonably anticipated litigation is preserved. The directive also sets forth the obligation of all employees and elected and appointed officials to comply with litigation/legal holds issued by the Legal Department. Whenever litigation is reasonably anticipated, threatened or pending against the Town, the Town has a duty to undertake reasonable and good faith actions to preserve relevant information and tangible evidence. This duty arises whether the Town is the initiator or the target of the litigation. The duty to preserve evidence requires the Town to identify, locate and maintain information and tangible evidence that is relevant to specific and identifiable litigation. Pursuant to the proposed directive, employees and elected and appointed officials must report to the Legal Department any information that they possess which leads them to believe that litigation may be reasonably anticipated. The directive includes a list of items that must be reported, such as receipt of a notice of claim, knowledge of a lawsuit or receipt of a subpoena. Upon receipt of the information, the Legal Department must then determine whether a litigation hold must be issued. If a litigation hold is issued, the directive specifies that the Legal Department must provide direction and support to employees and officials in complying with the hold, including providing updates at least every three months. Because this directive will apply to elected and appointed officials, it requires Council approval. Financial Impact: None. ATTACHMENTS: Name: Description: Type: ❑ Resolution l-itigation_Hold AD_ Regular Council Meeting - September 6, 2011 - Page 27 of 170 2749400C Resolution Resolution 0D.. RAF..T_Litigation. Legal_Holds_.A.D_(00023739- Exhibit A - Litigation Hold AD Exhibit 6).DOC Staff Recommendation: Staff recommends approval of the proposed administrative directive. Suggested Motion: I move to adopt Resolution No. 2011 -86, approving a Litigation/Legal Holds Administrative Directive for Town of Marana employees and elected and appointed officials. Regular Council Meeting - September 6, 2011 - Page 28 of 170 MARANA RESOLUTION NO. 2011-86 RELATING TO ADMINISTRATION; APPROVING A LITIGATION/LEGAL HOLDS ADMINISTRATIVE DIRECTIVE FOR TOWN OF MARANA EMPLOYEES AND ELECTED AND APPOINTED OFFICIALS WHEREAS the Town Council has established broad guidelines and parameters regarding the administration of the Town through the Marana Town Code and other ordinances and policies; and WHEREAS Section 3- 2 -1(G) of the Marana Town Code provides that the Town Manager shall be the chief administrative officer and head of the administrative branch of the Town and shall execute general administrative supervision and control of the affairs of the Town; and WHEREAS on September 15, 2009, the Town Council by Resolution No. 2009 -164 approved and authorized the Town Manager to implement an administrative directive system for carrying out certain administrative functions and providing consistency in the performance of administrative tasks, in the use of Town resources and equipment, and in the implementation of the Town Code and other ordinances and policies; and WHEREAS the administrative directive system approved by Resolution No. 2009 -164 included the provision that any administrative directive relevant to the Town's elected and appointed officials would be brought before the Council for its consideration and adoption by resolution; and WHEREAS the Town Council finds that approving a Litigation/Legal Holds Administrative Directive that will apply to Town employees and elected and appointed officials is in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the Litigation/Legal Holds Administrative Directive for Town of Marana employees and elected and appointed officials, attached as Exhibit A and incorporated by this reference in this resolution. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the Litigation/Legal Holds Administrative Directive described in Exhibit A. Regulq%gJXg 6, 2011 - Page 29 of 170 _ _ 100027498.DOC /} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6 day of September, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul Wq 6, 2011 -Page 30 of 170 _ 2 - {00027498.DOC /} ADMINISTRATIVE DIRECTIVE Title: Litigation/Legal Holds Issuing Department: Legal Effective Date: Reviewed: Town Manager's Office, Legal, Town Clerk, Technology Services, Human Resources Approved: Resolution No. 2011 -86 Type of Action: New 1.0 PURPOSE Whenever litigation is reasonably anticipated, threatened or pending against the Town, the Town has a duty to undertake reasonable and good faith actions to preserve relevant information and tangible evidence. This duty arises whether the Town is the initiator or the target of the litigation. The duty to preserve evidence requires the Town to identify, locate and maintain information and tangible evidence that is relevant to specific and identifiable litigation The purpose of this Administrative Directive is to set forth the procedures the Town will use to ensure that evidence relevant to pending or reasonably anticipated litigation is preserved. This directive also sets forth the obligation of all employees and officials to comply with litigation/legal holds. 2.0 ORGANIZATIONS AFFECTED All Town of Marana departments, employees and appointed and elected officials. 3.0 REFERENCES 3.1 Federal Rules of Civil Procedure 3.2 Arizona Rules of Civil Procedure 3.3 Town of Marana Electronic Mail (E -mail) Retention & Storage Administrative Directive 3.4 Zubulake v. UBS Warburg LLC, 220 F.R.D. 212 (S.D.N.Y. 2003) 3.5 THE SEDONA CONFERENCE® COMMENTARY ON LEGAL HOLDS: THE TRIGGER & THE PROCESS, September 2010 Version {00023739.DOC / 6} ADMINISTRATIVE DIRECTIVE: LrrIGATION/LEGAL HOLDS 8/19/11 Regular Council Meeting - September 6, 2011 - Page 31 of 170 - 1 - 4.0 DEFINITIONS 4.1 Evidence: All records and other materials, in whatever format, that may be related to a pending claim, complaint or matter including but not limited to all letters, memoranda, agendas, calendars, faxes, notebooks, reports, emails, handwritten notes, presentation materials, audio tapes, and draft documents. 4.2 Electronically Stored Information (ESI): Includes but is not limited to e-mail and other electronic communications, word processing files, spreadsheets, databases, calendar and scheduling information, internet usage files, internet history files and preferences, network access information, graphic files (e.g. GIF, JPEG, BMP, etc.), digital recordings, voice mail messages and backup files containing electronic data. 4.3 Legal or Litigation Hold: A directive from the Legal Department directing that all relevant evidence in any pending or reasonably anticipated litigation must be preserved and that any routine document retention or destruction policies be suspended with regard to that relevant evidence. The legal or litigation hold may or may not be in writing. 5.0 POLICIES AND PROCEDURES 5.1 Relevant evidence must be preserved as soon as the Town reasonably anticipates litigation. Determining whether a duty to preserve is triggered, i.e., whether litigation can be reasonably anticipated, is a fact - intensive determination which will be made on a case- by -case basis by the Legal Department. 5.2 To facilitate the Legal Department's determination, all Tow n of Marana employees and appointed and elected officials shall inform the Legal Department of any information that they possess which leads them to believe that litigation may be reasonably anticipated. Communication to the Legal Department may be by any effective means, including telephone or email. - 5.3 Employees and appointed and elected officials shall notify the Legal Department when they become aware of any of the following: 5.3.1 A notice of claim filed against the Town 5.3.2 A lawsuit filed against the Town 5.3.3 An administrative action filed against the Town 5.3.4 An Equal Employment Opportunity Commission or Arizona Civil Rights Division charge of discrimination filed against the Town 5.3.5 Receipt of a discovery request 5.3.6 Receipt of a subpoena for records or documentation 5.3.7 Any other event which the employee or official reasonably believes will result in litigation by or against the Town 5.4 If the Legal Department determines that no duty to preserve is triggered by an event, the attorney making the determination shall prepare a memorandum to the file explaining the reasons why a litigation hold was not issued. {00023739.DOC / 6} ADMINISTRATIVE DIRECTIVE: LITIGATION/LEGAL HOLDS 8/19/11 Regular Council Meeting - September 6, 2011 - Page 32 of 170 -2- 5.5 If the Legal Department determines that a duty to preserve is triggered by an event, the attorney making the determination shall immediately put all key departments, employees and officials on notice that they are under an obligation to preserve relevant records. The Legal Department shall issue a written litigation hold memorandum to the key individuals who might be in possession of relevant evidence. The Town Manager's Office, Technology Services Director, Permit Center and Records Manager and the Town Clerk will be copied on all litigation hold memoranda. In exigent circumstances, the Legal Department may issue a litigation hold orally; however, in such cases, the Legal Department shall follow up with a written litigation hold memorandum as soon as practicable. 5.6 The litigation hold issued by the Legal Department shall at a minimum provide the following information: 5.6.1 A factual description of the litigation or litigation threat or of the discovery request or subpoena 5.6.2 A discussion of what constitutes evidence, the types of evidence that must be preserved and the format in which the evidence must be preserved 5.6.3 A description of ESI and specific direction to discontinue routine or automatic destruction of ESI, such as routine purging of email 5.7 In addition to distributing the litigation hold memorandum, the Legal Department may also schedule a meeting with the recipients of the memorandum to help determine what evidence may exist, where it may be located and how and where it will be preserved. 5.8 Upon receipt of the written litigation hold memorandum, the recipient shall sign the certification at the bottom of the memorandum attesting that the recipient has received and read the memorandum and will make arrangements to have the relevant information, documents, files and storage devices preserved. The recipient shall return the signed certification to the Legal Department. 5.9 In addition to the return of the signed certification, the Legal Department may request a formal response from recipients detailing the steps that were taken to preserve the evidence. 5.10 Recipients of the litigation hold notice shall gather and maintain documents and other evidence in a secure, easily accessible location. In some instances, the evidence may be turned over to the Legal Department. 5.11 For ESI, all sources of potentially relevant electronic data should be searched by the key departments' records liaisons, the Technology Services Department or other designated individual with the appropriate expertise, and any files that constitute evidence should be appropriately stored in a location determined by the Legal Department in conjunction with the Technology Services Department. 5.12 The Legal Department shall issue written reminders to key employees and officials every three months for each continuing duty to preserve. 5.13 The Legal Department shall monitor the pending or threatened litigation and whenever new information is obtained that could affect the scope of the litigation hold, the Legal Department shall review the original litigation hold and revise and reissue as is necessary. {00023739.DOC / 6} ADMINISTRATIVE DIRECTIVE: LITIGATION/LEGAL HOLDS 8/19/11 Regular Council Meeting - September 6, 2011 - Page 33 of 170 -3- 5.14 The Legal Department shall issue a notice of termination of the litigation hold to all recipients of the original litigation hold memorandum when the Legal Department determines that the duty to preserve has ended. 5.15 Compliance with a litigation hold issued by the Legal Department, whether in writing or orally; is mandatory. Evidence preservation is a continuing obligation. Failure to preserve evidence could subject the Town or its employees or officials to civil or criminal penalties. In addition, employees who fail to comply with a litigation hold may be subject to disciplinary action, up to and including termination of Town employment. 6.0 ATTACHMENTS None {00023739.DOC / 6} ADMINISTRATIVE DIRECTIVE: LITIGATION /LEGAL HOLDS 8/19/11 Regular Council Meeting - September 6, 2011 - Page 34 of 170 -4- =/ ' W. 11555 W. CIVIC CENTER DRIVE, MARANA; ARIZONA 85653 Council Chambers, September 6, 2011, 7:00:00 PM To: Mayor and Council Item C 4 From: T VanHook , Community Development Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: The bus shelter design program initiative is a partnership between the Town and the University of Arizona's College of Architecture and Landscape Architecture along Marana Main Street to help strategically forward the Marana "signature" for design of public facilities while providing access to government offices and health services. Subject: Resolution No. 2011 -87: Relating to Community Development; approving and authorizing the Mayor to sign a replacement intergovernmental agreement with the Arizona Board of Regents on behalf of the University of Arizona College of Architecture and Landscape Architecture for the design and construction of bus shelters within the Town of Marana Discussion: The Town previously approved Resolution No. 2011 -63 approving an intergovernmental agreement (IGA) with the University of Arizona College of Architecture and Landscape Architecture for the design and construction of bus shelters within the Town of Marana. Upon further review the Arizona Board of Regents provided additional comments which have been incorporated in the attached agreement. The pending Resolution will repeal and replace Resolution No. 2011 -63 and allow the Town to enter into an IGA with the Board of Regents on behalf of the University of Arizona College of Architecture and Landscape Architecture. Over the past three years Marana staff has worked closely with partnering agencies and the PAG/RTA Transit Working Group in a collaborative effort to plan for and initiate enhanced regional transit services. The Working Group's efforts have concentrated on: (1) increasing accessibility to transit services; (2) providing un- and under - served areas with new transit routes; and (3) coordinating service schedules, rates, safety, planning, and marketing throughout the region. During this process, Pima County notified the Town of Marana and other regional partners that they would no longer serve as a funding pass - through for City of Tucson (SunTran) service formerly contracted through the County requiring the Town of Marana to enter into intergovernmental agreements (IGAs) with several partners instead of only the County. Regular Council Meeting - September 6, 2011 - Page 35 of 170 These efforts have resulted in a marked increase in transit ridership in the Town. The two Sun Shuttle routes (4 10 and 413) serving northern Marana have a combined average monthly ridership of 2,850 for the first five months of this year, up more than 35% as compared to the same period last year. The primary transfer point for these services is located in the front parking lot of the Marana Municipal Complex. Although the stops are convently placed and offer riders benches and trash cans, they do not offer shade or protection from wind and rain. To provide shelter and meet action items described in the 2010 General Plan, the Town will partner with the University of Arizona College of Architecture and Landscape Architecture ( UACALA) to design, construct, and install of two bus shelters on Marana Main Street, moving the transfer point to the pullouts located across from the MMC and adjacent to the newly opened MHC facility. The two shelters will service Marana's busiest routes and highest volume stop. UACALA students will be designing and constructing the shelters as a part of their course curriculum. The shelters will be comprised of the following components and performance criteria: sheltered seating for a minimum of four occupants and one wheelchair accessible space. The design also includes unsheltered overflow seating for a minimum of four occupants and four wheel chair accessible space; design that facilitates visual contact between the shelter occupants and the approaching bus driver; the shelter enclosure system is to provide protection to occupants from mid -day solar exposure year round and to maximize protection from morning and afternoon solar exposure during the summer while not undermining visual contact between shelter occupants and approaching bus drivers; enclosure system to provide protection to occupants from rain and roof run -off; audial and/or visual awareness of their immediate surroundings; freestanding and/or shelter integrated signage that accommodates 1) standard Sun bus stop signage (by others) 2) replaceable standard Sun route map (by others) including protective acrylic cover 3) branding/identification signage of shelter location as "Marana "; solar powered low voltage LED ambient nocturnal lighting system. In addition, the design of the shelters is to be in compliance with state, federal, and local development and transportation standards including compliance with the Americans with Disabilities Act. During every phase of the project, Town staff will assist in the selection and have final approval for design of the Shelters. UACALA will provide opportunities for review and comment during pre- design, schematic design, and design development. Approval of final design and construction concepts and all construction documents will be at the discretion of the Town following established procedures for building projects within the right -of -way. The Town is entering into a separate intergovernmental agreement with the RTA to provide funding for improvements to bus routes within the Town, including the UACALA project; and sidewalk improvements along Sandario Rd. and a bus shelter on Grier Rd. Financial Impact: Funding for the UACALA shelter project is provided through the RTA. Ground work, supplies, and permitting have been budgeted for transit services in the 2011 -2012 budget. ATTACHMENTS: Name: Description: Type: ❑ Resolution UACALA IGA bus shelters (00026794- 2).DOC Resolution Resolution ❑ UA_bus shelter IGA (00026734- 5).DOC Exh A to Reso_UACALA bus shelter IGA Exhibit Staff Recommendation: Regular Council Meeting - September 6, 2011 - Page 36 of 170 Staff recommends approval of an intergovernmental agreement with the Arizona Board of Regents on behalf of the University of Arizona College of Architecture and Landscape Architecture for the design and construction of bus shelter withing the Town of Marana. Suggested Motion: I move to adopt Resolution No. 2011 -87, approving an intergovernmental agreement with the Arizona Board of Regents on behalf of the University of Arizona College of Architecture and Landscape Architecture for the design and construction of bus shelter withing the Town of Marana and repealing Resolution 2011 -63. Regular Council Meeting - September 6, 2011 - Page 37 of 170 MARANA RESOLUTION NO. 2011-87 RELATING TO COMMUNITY DEVELOPMENT: APPROVING AND AUTHORIZING THE MAYOR TO SIGN A REPLACEMENT INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA BOARD OF REGENTS ON BEHALF OF THE UNIVERSITY OF ARIZONA COLLEGE OF ARCHITECTURE AND LANDSCAPE ARCHITECTURE FOR THE DESIGN AND CONSTRUCTION OF BUS SHELTERS WITHIN THE TOWN OF MARANA WHEREAS the Town of Marana recognizes the need to provide transit services to its residents; WHEREAS the Town of Marana is partnering with the Regional Transportation Authority of Pima County (RTA) and City of Tucson to provide fixed- route, circulator, and express services within Town boundaries; and WHEREAS the development of supportive infrastructure including installation of bus shelters on major routes and high volume stops to support multi -modal transportation is a recognized action item in the Town's 2010 General Plan; and WHEREAS the Town is authorized by A.R.S. § 9- 240(3) to lay out, maintain, control and manage public roads within the Town's jurisdictional boundaries; and WHEREAS as a part of their course curriculum the University of Arizona College of Architecture and Landscape Architecture ( UACALA) students, faculty and staff wish to enter into an agreement with the Town relating to the design, fabrication and installation of bus shelters; and WHEREAS The Town has entered into an intergovernmental agreement with the RTA to provide funding for improvements to bus routes within the Town; and WHEREAS the Arizona Board of Regents on behalf of UACALA and the Town may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11 -951, et seq. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA AS FOLLOWS: SECTION 1. The intergovernmental agreement between the Town and UACALA attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. Resolution 2011 -63 adopted June 21, 2011 is hereby repealed and replaced by this resolution. Regul kJ&Mg2DFeWmber 6, 2011 -Page 38 of 170 _ 1 _ 8/31/2011 SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution and to carry out the terms of the intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6 day of September, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul @Wk�&%ftg 6, 2011 -Page 39 of 170 - 2 - 8/31/2011 INTERGOVERNMENTAL AGREEMENT BETWEEN ARIZONA BOARD OF REGENTS, THE UNIVERSITY OFARIZONA ON BEHALF OF THE COLLEGE OF ARCHITECTURE AND LANDSCAPE ARCHITECTURE AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF BUS SHELTERS WITHIN THE TOWN OF MARANA This Agreement (hereinafter "the Agreement ") is entered into by and between the Arizona Board of Regents, University of Arizona on behalf of the College of Architecture and Landscape Architecture ( "UACALA ") and the Town of Marana, a municipal corporation of the State of Arizona ( "the Town ") pursuant to A.R.S. § 11 -952. RECITALS A. The Town understands the importance of providing transit services to its residents and is partnering with the City of Tucson and the Regional Transportation Authority of Pima County to provide fixed- route, circulator, and express services within Town boundaries. B. The development of supportive infrastructure including installation of bus shelters on major routes and high volume stops to support multi -modal transportation is a recognized action item in the Town's 2010 General Plan. C. The Town is authorized by A.R.S. § 9- 240(3) to lay out, maintain, control and manage public roads within the Town's jurisdictional boundaries. D. As a part of their course curriculum the UACALA students, faculty and staff wish to enter into an agreement with the Town relating to the design, fabrication and installation of bus shelters. E. The Town has entered into an intergovernmental agreement with the Regional Transportation Authority of Pima County to secure funding for improvements to bus routes within the Town. F. The Arizona Board of Regents on behalf of UACALA and the Town may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11 -951, et seq. NOW, THEREFORE, the Town of Marana and UACALA, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: Regular Council Meeting - September 6, 2011 - Page 40 of 170 1 AGREEMENT 1. Purpose. The purpose of the Agreement is to set forth the responsibilities of the parties for the design, fabrication and installation of the Project and to address the legal and administrative responsibilities between the parties. 2. Project. The Project consists of the designs fabrication and installation of two bus shelters ( "the Shelters ") for the Town which will be located on North Marana Main Street. Students, faculty and staff from the University of Arizona School of Architecture; the Drachman Institute and the Drachman Design Build Coalition ( "DDBC ") under the supervision of Assistant Professor Christopher Trumble shall deliver the project to the Town for its approval. 3. Effective Date; Term. The Agreement shall become effective upon the filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to the Agreement are completed and all warranties applicable to the Project have expired. The proposed schedule shall consist of two Phases: a. Phase I (June - August 2011): pre- design, schematic design, design development and construction documents. To be performed by two students under faculty supervision. L Pre - design: (June 13- June 24) Site and program documentation and analysis ii. Schematic Design (June 27 — July 01) Develop concepts in diagram, plan, section, elevation and experiential imagery iii. Design development (July 5- July 29) Perform solar simulations, develop means and methods of construction, engineering coordination and cost estimation iv. Construction documents (August 1- August 19) Develop permit and construction drawings. Issue drawings to Town to facilitate site preparation b. Phase 2 (September- December 2011): development of fabrication (shop) drawings, fabrication and installation. To be performed as a three - credit elective course; requires ten students and one faculty member and one DDBC supervisor. L Project orientation: (September 1- September 8) ii. Fabrication (shop) drawings: (September 12- September 23) iii. Cost estimation: (September 26- September 30) iv. Material acquisition and component fabrication: (October 3- October 28) v. Assemble components: (October 31- November 11) vi. Installation: (November 14- November 18) Phase 2 schedule includes a four -week contingency. Installation may occur as late as December 15 2011. 4. Responsibilities of the Town. The Town shall provide to UACALA as -built record drawings in DWG file type, of the immediate site and surrounding areas, including indications of property lines and underground utilities. The Town shall also be responsible for site preparation to include any necessary demolition, removal, replanting or planting of trees and/or vegetation and installation of necessary landscape/hardscape infrastructure. The Town will be responsible for site grading, concrete paving modifications and/or any necessary concrete slab work. Regular Council Meeting - September 6, 2011 - Page 41 of 170 2 5. Responsibilities of UACALA. The Shelters will be comprised of the following components and performance criteria: a. Sheltered seating for a minimum of 4 occupants and 1 wheel chair accessible space. Additionally provide unsheltered overflow seating for a minimum of 4 occupants and 1 wheel chair accessible space b. The design of the shelters is to facilitate visual contact between the shelter occupants and the approaching bus driver. c. The shelter enclosure system is to provide protection to occupants from mid -day solar exposure year round and to maximize protection from morning and afternoon solar exposure during the summer while not undermining visual contact between shelter occupants and approaching bus drivers. d. The shelter enclosure system is to provide protection to occupants from rain and roof run - off. e. The enclosure system is to be porous such that occupants have an audial and/or visual awareness of their immediate surroundings £ The project is to include freestanding and /or shelter integrated signage that accommodates 1) standard Sun bus stop signage (by others) 2) replaceable standard Sun route map (by others) including protective acrylic cover 3) branding/identification signage of shelter location as " Marana" g. Provide solar powered low voltage LED ambient nocturnal lighting system. h. The design of the shelters is to be in compliance with state, federal, and local development and transportation standards including compliance with the Americans with Disabilities Act 6. Final Approval. During Phase I of the project, Town staff will assist in the selection and have final approval for design of the Shelters. UACALA will provide opportunities for review and comment during pre- design, schematic design, and design development. Approval of final design and construction concepts and all construction documents will be at the discretion of the Town following established procedures for building projects within the right -of -way. 7. Funding. The Town shall reimburse the UACALA for the services provided as described in Attachment A "Budget" and in accordance with the reimbursement procedures described below, for an amount not to exceed $69,948. a. Upon receipt of authorized payment requests, the Town shall convey to UACALA funds up to the amount specified in Attachment A on a reimbursement basis. All payments and reimbursements shall follow the policies outlined in the Marana Town Code. b. Town staff will review all monthly statements to confirm that the request is for reimbursement of costs incurred by UACALA for the Project. If the Town determines Regular Council Meeting - September 6, 2011 - Page 42 of 170 3 that additional information is needed, UACALA will be notified of the request for additional information within five days of the receipt of the statement by Town. c. Upon approval, the invoice will be processed for payment within thirty days of the invoice submittal d. The Town shall provide all necessary cooperation to its funder, the Regional Transportation Authority for Pima County, to aid processing of payment requests from UACALA. 8. Termination. a. Either party may terminate the Agreement for material breach by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty -five days to cure the default. If the default is not cured within that time, the other party may terminate the Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under the Agreement. b. The Agreement may be terminated if for any reason the Marana Town Council does not appropriate sufficient funds for the purpose of maintaining the Agreement. Upon termination the Town shall have no further obligation to UACALA other than for payment of acceptable services rendered prior to termination. c. The parties recognize that the performance by the University of Arizona may be dependent upon the appropriation of funds by the State Legislature of Arizona. Should the Legislature fail to appropriate the necessary funds or if the University's appropriation is reduced during the fiscal year, the Board of Regents may reduce the scope of this Agreement if appropriate or cancel this Agreement without further duty or obligation. The University agrees to notify the other party as soon as reasonably possible after the unavailability of said funds comes to its attention. 9. Arbitration. The parties agree that should a dispute arise between them concerning this Agreement and no party seeks affirmative relief other than money damages in the amount of Fifty Thousand Dollars ($50,000) or less, exclusive of interest, costs and attorneys' fees, the parties shall submit the matter to arbitration pursuant to the Revised Uniform Arbitration Act, A.R.S. § 12 -3001 et seq. (the "Act "), whose rules shall govern the interpretation, enforcement, and proceedings pursuant to this section. Except as otherwise provided in the Act, the decision of the arbitrator(s) shall be final and binding upon the parties. 10. Non - assignment. Neither party to the Agreement shall assign its rights under the Agreement to any other party without written permission from the other party to the Agreement. 11. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to the Agreement are incorporated herein by this reference. b. w A r m ee nd g ment. lt Th t e Agreement may be modified, amended, altered or changed only by Regular Council MeeGngn S temtieeblt n? g pt4j)arties. 4 c. Construction and interpretation. All provisions of the Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in the Agreement are for convenience only and are not intended to affect the meaning of any provision of the Agreement. e. Severability. In the event that any provision of the Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of the Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. f. The Agreement is subject to the provisions of A.R.S. § 38 -511 regarding Conflict of Interest. The State of Arizona may cancel this agreement if any person significantly involved in negotiating, drafting, securing or obtaining this Agreement for or on behalf of the Arizona Board of Regents becomes an employee in any capacity of the other party or a consultant to the other party with reference to the subject matter of this Agreement while the Agreement or any extension thereof is in effect. 12. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this agreement shall automatically vest in the Town upon completion of the Project. 13. Legal Jurisdiction. Nothing in the Agreement shall be construed as either limiting or extending the legal jurisdiction of the Town or UACALA. 14. No Joint Venture. It is not intended by the Agreement to, and nothing contained in this agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer- employee relationship between the Town and any UACALA students faculty or staff, or between UACALA and any Town employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 15. No Third Party Beneficiaries. Nothing in the provisions of the Agreement is intended to create duties or obligations to or rights in third parties not parties to the Agreement or affect the legal liability of either party to this agreement by imposing any standard of care different from the standard of care imposed by law. 16. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within the Agreement. a. Anti- Discrimination. The provisions of A.R.S. § 41 -1463 and Executive Order Number 994 issued by the Governor of the State of Arizona are incorporated by this reference as Regular Council R4 t p � a ing , Zo nPage 44 of 170 5 b. Americans with Disabilities Act. The Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to the Agreement, for purposes of A.R.S. § 23 -1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23 -906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. d. Pursuant to Arizona Revised Statutes § 35 -397, each party certifies that it does not have a scrutinized business operation in either Sudan or Iran. 17. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 18. Force Majeure. A party shall not be in default under the Agreement if it does not fulfill any of its obligations under this agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of the Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non - action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 19. Notification. All notices or demands upon any party to the Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The UACALA: Town of Marana: LeeAnne T. Peters Gilbert Davidson Contract Officer Town Manager University of Arizona 11555 W. Civic Center Drive 888 N. Euclid Ave, Room 515 Marana, AZ 85653 Regular'DawA1*4Q&& SJE' 6$ber 6, 2011 -Page 45 of 170 6 20. Remedies. Either party may pursue any remedies provided by law for the breach of the Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of the Agreement. 21. Counterparts. The Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, Town of Marana has caused the Agreement to be executed by the Mayor, upon resolution of the Town Council attested to by the Town Clerk, and the UACALA has caused the Agreement to be executed by its Chair of the Board. ARIZONA BOARD OF REGENTS ON BEHALF OF UACALA LeeAnne T. Peters, University of Arizona Contract Officer Date TOWN OF MARANA: Ed Honea, Mayor Date ATTEST: Jocelyn Bronson, Town Clerk Date The, foregoing agreement between the Town of Marana and the UACALA has been approved as to content and is hereby recommended by the undersigned. Regular Council Meeting - September 6, 2011 - Page 46 of 170 7 ATTORNEY CERTIFICATION The foregoing Agreement by and between the UACALA and the Town of Marana has been reviewed pursuant to A.R.S. Section 11 -952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Arizona Board of Regents University of Arizona, on behalf of UACALA: Attorney for Arizona Board of Regents Date University of Arizona Town of Marana: Frank Cassidy, Town Attorney Date Regular Council Meeting - September 6, 2011 - Page 47 of 170 8 Attachment A — Budget Phase I Faculty - Supple Comp $ 6,000 ERE (29.8 %) $ 1,788 Students - wages ($12/hr) $ 5,760 ERE (3.1 %) $ 179 Operations DDBC - consultant $ - Engineering - consultant $ 4,000 Printing/modeling $ 2,000 Phase II Faculty - Supple Comp $ 6,000 ERE (29.8 $ 1,788 Operations Printing/modeling $ 1,000 Construction Materials $ 20,000 Delivery (transportation) $ 2,000 CALA material lab use fee $ 5,000 Sub -total $ 55,515 Indirect cost Rate 26% $ 14,434 TOTAL $ 69,948 Regular Council Meeting - September 6, 2011 - Page 48 of 170 9 "WON M AR AN =/ or REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 16, 2011, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice May David Bowen, Council Meier Herb Kai, Council Me Carol McGorray, Cou6rriber WI Jon Post, Counc ember Roxanne Ziegler,, it Meurer ; REGULAR COUNCIL . TING CALL TO ORDER AND ROLL CAL a ` 5 r Honea ca meeting to order at 6:59 p.m. Town Clerk Bronson called l uncil mei�, s were present constituting a quorum. f PLEDGE OF ALLE VOCATIOMOMEN I OF SILENCE. Led by Mayor Honea. ;> APPROVAL OF AGETffi e by Council Member McGorray, second by Nice M ord ed unaously. CALL3 „THE PUBL Whit Ido, project coordinator for Open Inn, Inc., presente Wrmation on ePlace ram p g designed young , a program deli ed to assist people a g es 8 -24 who are at- 'or in crisis i e aim is to get kids off the street and into a safer environment *Nntly, se ices are provided to over 12,000 young and families in Arizona each year r o nization works closely with MUSD to address chronic truancy; in 2009 -20 ere were approximately 1200 youths identified as homeless in Pima County, and 20°ercent of those were from Marana. Leanne Robertson spoke on behalf of Blue Star Mothers of America, a group of mothers whose sons and daughters have or are currently serving in the military. She presented information on a 5K run the group is hosting in cooperation with the Stephen Siller Foundation for the Tunnel to Towers run/walk/roll Run on September 11, 2011 starting at 6:45 a.m. at Crossroads at Silverbell Park. Northwest Fire is assisting at the event. The event is a fundraiser for the Southern Arizona Firefighters Association as well as the men and women who are currently serving in Iraq and Afghanistan. PROCLAMATIONS Regular Council Meeting - September 6, 2011 - Page 49 of 170 1 August 16, 2011 Council Meeting Minutes MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler announced that she just learned she was going to be a grandmother again for the second time. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted that the Council Executive Report for August is available on the dais. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member McGorray, second by Vice Mayor Comerford. Passed unanimously. C 1: Resolution No. 2011-80: — Relating to Personnel; amend hescal year 2011- 2012 classified salary schedule to change the title of the po of Technology Supervisor to Technology Manager C 2: Resolution No. 2011 -81: Relating to Develo approving :' elopment plan for El Ganado Auto Center C 3: Resolution No. 2011 -82: Relating to Person ap g and adopting amendments to the Town's Personnel Polici d Procedures, revising Chapter 3 - Compensation, Policy 3 -8 "Holid'ay" and Chapt s Employment Benefits, Policy 4 -4 "Holidays" C 4: Resolution No. 2011 -83: Relating = Dev " ` a loving a final plat for Continental Ranch Retail er Westsic)"' bdiv#2, Lots 9 & 17 C 5: Minutes of th ust 2 ` . lar meeting and August 9 study session LIQUOR LICENSES L 1: Relat r Lie s; reco &"ion to the state liquor board regarding a .. New Suits #10 M Wi ore) liquor license application submitted by Roger K. Burt behalf of Gi" " 628, 1' at 12030 N. Dove Mountain Boulevard. Present" .. Ms. Brous ho no " d that staff has reviewed the application, it has been properly p and no pr is have been received. Staff recommended Council approval. - Yo recomend and order for approval by Vice Mayor Comerford, second by Coun eml McGorray. Passed unanimously. Iffi L 2: Relating to Licur Licenses; recommendation to the state liquor board regarding a Person and Location Transfer Series 7 (Beer and Wine Bar) liquor license application submitted by Bobby D. Newman on behalf of Mike Jacobs Sports Park, located at 6901 W. Casa Grande Highway. Presented by Ms. Bronson who noted that staff has reviewed the application, it has been properly posted and no protests have been received. Staff recommended Council approval. Motion to recommend and order for approval by Council Member Post, second by Council Member Ziegler. Passed unanimously BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Regular Council Meeting - September 6, 2011 - Page 50 of 170 2 August 16, 2011 Council Meeting Minutes A 1: PUBLIC HEARING: Ordinance No. 2011.20: Relating to Development; approving a rezoning for Rancho de Manana of approximately 67.8 acres of land located on the west side of Camino de Manana, approximately one -half mile south of Tangerine Road. Mayor Honea opened the meeting for public hearing. Presented by Ms. Shafer, who described the request from the current zoning to R -36. She noted that the request is in line with the 2010 General Plan which is low density residential for this area. The 33 lots being proposed would bring .5 units per acre which meets the intent of the low intent designation. She indicated where the site is located and pointed out the zoning around the property in question. The applicant is proposing a 33 -lot subdivision of approximately 54,153 square feet — all over an acre for each lot of custom, single family residences. There will be a 30 percent disturbance limitation on property. The property owner is proposing to put the two large washes in co on lea and then the rest of the lots will have a building envelope of approximately including drivel and septic system. The 30 percent takes in roadways and utll cess is a loop road with two access points that both exit onto Camino de a a. Lo nd 2 are proposing a shared driveway. Lots 3 and 4 have t 11 dveways on op road. The streets will be public and meet town standards ere is an existing cell r which will remain until the lots are developed and re yAll, a and f n removed an gcated to another site. The area where the cell tower is III "'. -v d. The clo "t sewer in the area is at Sky Ranch to the east, approximately 3, inear " feet away so according to ADEQ they would not have to hook po sewer. Rlght " they are proposing septic. Once the platting is complete, if the se loser, they ' be required to hook up to sewer. They will also be providing a cob alysis sho the differences between sewer and septic There is no war P lots-;�they would not be able to use well water; there willve to an assureter sup This item was hear Ace bef he Planning ;,pommission; the first time it was continued and then It , , heard tiny 27, 2011 Planning Commission is recommending denial toT, PlalI tng Department is recommending approval., about ea f for ttemg Commission vote — to deny 5 -2. He then aslc L d ho` ch building space there is. For the lots facing Camino de ' , V , a, the setback t m the WI i 30 feet; the houses will probably be set back 75 further. � ` ncil Member tai ask about about the Commission denial for Lots 1 and 2 and as if ac T onto CamirWrl, a Manana was one of the objections. Ms. Shafer replied that one of th ndment the recommendation for approval was to remove Lots 14. That motion di `het a�cond although it was a concern of some of Commission. William Tenison s e as a resident of the affected area and indicated that nobody's aware of what this entails. He noted that Camino de Manana floods and indicated something being cut back that involves a half section of land that is not mentioned on the maps that were shown to Council. He felt that if the right considerations were made to the proposal he would be on board with the project. He indicated that he represented nine homeowners that are using a shared well and when there are problem they can help each other. He doesn't know what the project will do to his quality of life, and he's not for it for that purpose. He does not feel that this is the right plan for the property. At the very least Lots 1 -4 need to be eliminated to give current homeowners a buffer and get the potential owners out of the wash that's shown on the map and not shown on the map. Regular Council Meeting - September 6, 2011 - Page 51 of 170 3 August 16, 2011 Council Meeting Minutes Rogelio Gomez spoke as the owner of two parcels on Camino de Mariana directly across from Lots 1 -4 and also includes the two drive -ins to the main road. He noted that he bought his properties with the intent of not having any subdivisions or building up to his property. His major concern is traffic, much of which exceeds the current speed limit; there is a lot of sand on both sides of Camino de Mariana coming from the arroyos, and he has had to help dig vehicles out which have gotten stuck. He noted that the area is in a flood plain, and they all have to pay flood insurance and are restricted as to what they can build or block or not block. He believes that adding 33 homes to the area does not take the flood issue into concern. He asked Council to consider all the facts and the people in the surrounding area. Steven J. Wyly indicated his property on a map for the benefi "fCobncil, directly across from the proposed development. Mr. Wyly briefed Councii buffer he and other landowners negotiated with the developer of Sky Ranch era s ago, noting that the buffer has been effective in mostly concealing the Sk h dev ent along Camino de Oeste from his property and other property own will be of by the proposed 33 -home development. What he and group are asking for' same consideration. They moved there to be left al, their c4 en lifestyle ° ` v " ed Council to take that into consideration; the prope nhe right to d' whatever he wants. The reason there is so much animosity be them is because they (property owner) never bothered to deal with t ' om day one, t ought they could just steamroll this thing through and that's reason the z people turned it down — because it was so haphazardly done. S ` = aks was b , T traffic on Camino de Mariana has expanded by tenfold. All , e pe live last of Thomydale come down Camino de Marian et to Twin P ecaus y don't want to go down Thornydale and get int+th�' s in Cortar& He does n think the Planning Department, the Traffic Departrq 4,tor the d 'neers have y Idea how bad this traffic is. Tate Wyly introduced hf�� , e dent on Camino de Mariana and a profession eer tatedt "` "` concern is the engineering. Some issues have be " * ddresse a p Y changing he r' owner b chan in some of the ali ent of the MON driv backing dire onto de Mariana. The flood zone issue is also a concern s. To create two f ` of freeboard for flood zoning and planning rules, there's goiri create a re = a big impact to sight lines. Although the topography generally fal hwest, tl people directly east are going to have reduced visibility from the sunsets' know that one of the great things about Arizona is our sunsets. Further, tll is counts are increasing exponentially. Camino de Mariana does not meet minllnlrin design standards. Personally, this will greatly impact our quality of life. He sincerely believes his accomplishments up to this point are a direct result of his rural upbringing. If he inherits the property, this development will impact future generations' ability to experience the same things. Whereas a more moderate zoning will allow the same type of lifestyle for his family that he has had. Mr. Wyle indicated that this issue is similar politically to what the Council is experiencing with the wastewater issue — a property owner who does not live in Marana is proposing something that greatly affects people who live in the area. Mr. Wyly also noted that although he and his neighbors do not technically live in the Town of Marana, he is a graduate of the Marana High School. He further emphasized that he and his group are reasonable and hold no ill Regular Council Meeting - September 6, 2011 - Page 52 of 170 4 August 16, 2011 Council Meeting Minutes will for the property owner to take his investment and better it. But it should be done responsibly with regard to the sanctity of someone's home. Mayor Honea asked if the applicant was available to answer questions. He asked if the roadway in front of the property was County or Town of Marana. Ms. Shafer replied that it is both. The frontage of Lots 1, 2, 3 and 4 is Marana. Mayor Honea asked the applicant about the drainage and water on Camino de Mariana. Has the drainage been engineered for those first four lots? Alex Batt, the branch manager for AMEC Earth and Environmental, Inc. responded that drainage has not been engineered in front of the lots, only behind the lots. The lots would not be contributing to the drainage in that area. The applicant noted that there was a question regarding drainage earl' hich he would like to address. The shaded areas (on the drawing) are the 100 - year,. od plain; the dashed areas are the allowable area that the lot owner would be able for a house, yard and driveway. Those dashed areas can be reconfigured to be. oiL' rainage way. The houses on most of the lots could be raised one foot tofo and a which would then raise the finished floor elevation above the 100 -ye 46 surface el n and meet all the requirements of the Town. Mayor Honea then asked about Lots 1 and 2 and ri , ,onto Camt e Mariana and whether there would be a dip section through the drainage right of way. Mr. Batt responded that additional work tWds to be done o" t. There are several options — a culvert with a pipe culvert over th' ay or a dip. so, wanted to address whether people would back out of the ddy e does osn't ve that would occur. The lots are larger than one acre and ther4s abi ive Q face first. With regard to the traffic capacity of Ca de Mariana, 1 ,600 des per day. The projected volume right now 1s 1 ; , ` re are few vehicles on the roadway than it has capacity for. The i 0 of high ed should addressed with signing. He further indicated that he is a ortat engineer. for Honea asked for the current designations on surroun ,s. Shafer pointed out R -36 zoning. Counc' ember dic concerns about the road Camino de Mariana when and >$ , mes into the O in, it will have to be improved, and approving the four along the ro this tine may be premature until there is some type of solution a hat to do the road. The 100 -year floodplain is not a good reason to push them up" p rv' k,,close to road. He would like to see them pushed farther away even if it means build�p thq dads for those homes. Ms. Shafer noted that this area would fall under the To heast Transportation Area, so they would be paying impact fees. She noted that, en the study is redone, possibly they could add Camino de Mariana to the list of the roads that would benefit from those impact fees. As the area develops, more of the lots will be paying into that Northeast impact fee which could bring improvements to Camino de Mariana, but it would be in the future. Council Member Post said that with 30 foot setback that may not give the Town enough flexibility to do drainage work along Camino de Mariana, and the water does flow on that side of Camino de Mariana. Ms. Shafer said the drainage would be looked at during the platting stage. Thirty feet is the minimum allowed, so they may have to be pushed back. Typically at this stage in the rezoning, the developers don't have that detailed information on specifics. Council Member Post indicated he would be inclined to go forward if the developer would agree to an extended setback, otherwise more study may need to be Regular Council Meeting - September 6, 2011 - Page 53 of 170 5 August 16, 2011 Council Meeting Minutes done. Vice Mayor Comerford confirmed with Mr. Cassidy that this item is a rezone and not a plat approval, so the reason all of the studies haven't been done is to be sure that the property will be zoned so they can do the project. Then the plat will be brought back to Council for approval with all the engineering studies completed. Mr. Cassidy agreed and noted that that process is ministerial in that the developer meets the requirements, there is not the same level of discretion (to change anything) that Council has tonight. The zoning is where Council has lots of discretion. Council Member Kai concurred with Council Member Post's assessment. Eliminating Lots 1 -4 would make the development more exclusive and respect the rights of the neighbors. Mayor Honea noted that he more or less concurs, but his biggest concern is Lots 1 and 2 because of space. Lots 3 and 4 are exiting onto the loop road. He also indic_ . he doesn't have a problem with R -36, but he would like to see Lots 1 and 2 go a. Adam Edwards, project engineer for AMEC, addressedounci�d noted that the development is at RAC .5 which is the bare mimmurl 0 or 11 -36. S ots were eliminated, it wouldn't meet the General Plan and J nw't meet ,MayorHonea questioned that, saying there would be less den ' and it would more i ..General Plan. Ms. Shafer noted that the General Pla density and the botto ow density is .5. So less than that is rural density whi es ` � ,.5. If you inate lots, it would be more of a rural density in the General Pla tch would require a minor amendment to the General Plan. Vicii ayor Comerfo ",eked if it would be feasible to having more than a 30 -foot setback t indicated thmiht be possible to increase the setback on those four lots at on Lots : `mod 2, they could put in a joint use driveway that would access onto a loth vT ally, when dealing with the 100 -year floodplain, tlaer� may need toe Mme a g or riprap improvements. At this point, the one drtvo Camino deIariana cold be reconfigured. Vice Mayor Comerfor ed whauld be the , ost setback. Mr. Batt responded that at this time, Caminolde > t. na isfr 60 foot right ay with a 30 -foot setback. The property owner has agreed - ous to one story along Camino de Mariana: Vice Mbar Comef+d enui ed the concessions from the developer as being a 50- foot ck, single sto ,' in 1 -4, R -36 all the way around, and only exit and entrance the loop roa oun ember Ziegler concurred with Vice Mayor Comerford essment asked what the setback is on the other side of Camino de Mariana. Co Membe ' V iegler thought it might be premature to put too many demands on the loper5 this point. _If the road in front of Lots 14 is the Town's responsibility, we w - 'what we've always done and keep our roads clean and without potholes and in good, epair. She would encourage at the right time for the developer to commit to the farthest setback possible. Mayor Honea recounted what the stipulations on a rezoning could be — 50 -foot setback, single story and driveways exiting onto the loop road for Lots 1 -4. Mr. Cassidy concurred that that could be done.. He also confirmed that the setback for suburban ranch which is the county zoning across from the four lots on Camino de Mariana is a 50 -foot front yard setback. Mayor Honea noted that the exiting onto the loop road would require meeting a higher criteria and would be safer than exiting onto Camino de Mariana. Council Member Ziegler asked how much of the development is in the flood plain. Mr. Batt indicated that the shaded areas on the map are in the 100 -year flood plain, but it's all Regular Council Meeting - September 6, 2011 - Page 54 of 170 6 August 16, 2011 Council Meeting Minutes in the flood plain and would most likely require flood insurance. Council Member Ziegler also asked about access onto the loop road for Lots 1 -4. Mr. Batt indicated that that would require more engineering to be specific. Council Member Ziegler indicated she would be in favor of the Vice Mayor's recommendation. Ms. Shafer noted that condition # 17 is already contained in the proposed ordinance, so only the two additional conditions would need to be added. Council Member Bowen indicated that the biggest problem seems to be with Lot 1. If you have a 50 -foot setback and put in a driveway in the back, you don't have much lot left. That's the owner and the developer's problem, but it does seem to squeeze that lot down. His concern is regardless of what is done now, eventually there may be erosion to the point of having little of the original lot left. Mr. Batt responded that the condition of the rezoning limits this to 33s, so if they lose some buildable area from Lot 1, Lots 2 and 3 may be able to sC thiitgs over. This is some of the design they would have to develop to make th1 ork. They would hope not to lose Lot 1 but he acknowledged it is very tight rig owy will try to figure something out. Vice Mayor Comerford moved to adopt the or since, including the s recommended conditions and an additional 1 setba on Camino nana and egress and ingress only from loop roads. Secon moo_ , M 1lYlember Zie er. Passed unanimously.' A2: Ordinance No. 2011.21: Relati evelopment; ppying a modification to the rezoning conditions of Ordinance 2007 ed b Lis ater who noted that the affected property north of Sunset Road fr the Y of ilverbell Road was rezoned by Council from R -144 t 6 in 2007. A Mime, vere two structures on the property required for r .'or to final ' approv developer is now going through the plattin cess bu hoping to h e the two buildings removed prior to a grading permit insiea` 'ch p ides them a 'r financing mechanism prior to plat approval. Staff does not S&P his to be postponed to the grading permit and ds Co _ appro change to the ordinance. Vice r Comerfor ved t rive the modification to the rezoning conditions of Ordi ' No. 2007- ' econ y Council Member Post. Passed unanimously. ITEMS FOR USSIO OSSIBLE ACTION D 1: Legislative� 0 mental Report: regarding all pending state and federal legislation and re cent meetings of other legislative bodies w EXECUTIVE SESSIONS. Motion to go into executive session on item E 2 by Council Member Post, second by Council Member McGorray. Passed unanimously. Council Member Kai was excused from the executive session. E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Regular Council Meeting - September 6, 2011 - Page 55 of 170 7 August 16, 2011 Council Meeting Minutes Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn by Council Member McGorray, second by Vice Mayor Comerford. Passed unanimously at 8:29 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minty othe Marana Town Council meeting held on August 16, 2011. I further certify _ uorum was present. Jocelyn C. Bronson, Town Clerk iZ x; J V itopk t ME >` Regular Council Meeting - September 6, 2011 - Page 56 of 170 8 August 16, 2011 Council Meeting Minutes MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, September 6, 2011, 7:00:00 PM To: Mayor and Council Item L 1 From: Jocelyn C. Bronson , Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the American Diabetes Association on behalf of Harley- Davidson, 7355 N. I -10 Eastbound Frontage Road for HOGtoberfest Discussion: This application is for a special event liquor license submitted by the American Diabetes Association on behalf of Harley - Davidson, 7355 N. I -10 Eastbound Frontage Road for the HOGtoberfest special event fundraiser to be held on October 8, 2011. The applicant for this special event liquor license has submitted a special event permit application as well. A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue the special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Attached is the application for the special event to held on October 8th. Regular Council Meeting - September 6, 2011 - Page 57 of 170 ATTACHMENTS: Name: Description: Type: ❑ SE_Liq_HOGtoberfest.0f Special Event Liquor License Application Backup Material Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of the special event liquor license application submitted by the American Diabetes Association on behalf of Harley - Davidson for the HOGtoberfest special event fundraiser. OPTION 2: I move to adopt an order recommending disapproval of the special event liquor license application submitted by the American Diabetes Association on behalf of Harley - Davidson for the HOGtoberfest special event fundraiser. Regular Council Meeting - September 6, 2011 - Page 58 of 170 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #521 Phoenix AZ 85007 -2934 Tucson AZ 85701 -1352 (602) 542 -5141 (520) 628 -6595 APPLICATION "FOR $.PECtf1L.:E. ENT..LICENSE Fee = $25.00 per day for 1 1t? day events only I A service fee of $25.00 will be cha ed fbr alfdishonoredI:checks A.R.S. 44 -6852 NOTE THIS DOCUMENT MUST BE FULLY'COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW I�O BUSINESS DAY$,FORPROCESSING. " *Application must be approved by local government before s6limission to DLLC USE ONLY Department of Liquor Licenses and Control. (Section #20) LICENSE # 1. Name of Organization: QnnLr;c.0 N iQ,r,4 ASS06 c-+; L 2. Non- Profit/I.R.S. Tax Exempt Number: # 1 ?, - I co Q 3. The organization is a: (check one box only) Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4. What is the purpose of this event? ❑ on -site consumption !] off -site consumption (auction) ❑ both 5. Location of the event: gas5 c1. S --f 0 EZ 54 p� 1 Address of physical location (Not P.O. Box) U City County Zip Applicant must be a member of the gualifyinq organization and authorized by an Officer, Director or Chairperson of the Omanization named in Question #1. (Signature reauired in'section #18) 6. Applicant: = eds,r-, _c C-% aFred� C " j o ..12 - - 41 Last First ale Date of Birth 7. Applicant's Mailing Address: 3 _�, La.,r u '0123 :r j&agn A g53as street city state zip 8. Phone Numbers: (Sacs) - 451 -&&n (62o ) • 3at I (o' Site Owner # Applicants Business # Applicants Home # 9. Date(s) & Hours of Event: (Remember: you ca n► sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M. /P.M. To A.M./P.M. Day 1: to i ( So' =_rd ci 00 Aws t 0 00 9M Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: RegulaD*ngl (yeeti - e o July 201 a yy *Disabled individuals requiring special accommodations, please call (602) 542 -9027 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? [:]YES PPO (attach explanation if ve�sJ 11. This organization has been issued a spectral event license for days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES )RINO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100 %v of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name 6kc± d to_,a_f i C,kxk Piroerttw Address L.Q. - i s Name Percentage Addr (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC .BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. " NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES. 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police [vencing -IQ-# Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? ❑ YES ❑ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ❑ YES ❑ NO (ATTACH COPY OF AGREEMENT) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting - September 6, 2011 - Page 60 of 170 �azsa s `M01 w.: oil mus too > y A� \\ a � c• W AT z a\` \., . Fly, MY c,'.' v �� r r�u i i llil l � >' MAMAS \` I j AI`,` Noi jw I \ :3 M VI \�\� wow y ` Y Owl a \y, 8 y. sf i, a s- sM a as c ' I vii ''', -� � ., -_ .'•., ,. ;- =: . k i igm \ 4 0 S IN �Z\ S i r � a s \ i A THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF THE RGANIZATION NAMED IN QUESTION #1 18• AIJ &04 declare that I am an Officer/DirectorlChairperson appointing the (nt full name) 7j AliZn Qu n 6, to apply on behalf of the foray ing organization for a Special Event Liquor License. X r (&2 w92 -9'7 '1t (Signature (Title/Position) (Dat) (Phone #) OFFICIAL SEAL Of "! t1�6�li�.Q ,� County of ANNA BELL The foregoing instrument was acknowledged before m this NOTARY PUBLIC - State of 720 MARICOPA COUN Nh Cow. Wm May 3 Day oath Year My Commission expires on: • L 3 (Date) (Sigrifiture of NOTARY PUBLIC) TH SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 - 19. 1 at o &Ow eZ - declare that I am the APPLICANT filing this application as nt full name) listed in tion 6. 1 have read the application and the contents and all statements are true, correct and complete. State of d County of Alxu X The foreg ng instrument was ac icnowledged before me this (Signature) l/ ;V h Year (14 My commission expires on: /0� 7,03 ©r L SEAL Date S' nature You must obtain local goyemment approval. Citv O County MUST re CO NOT Y PUBLIL C•AR ONA# t}. The local Soveming body may reguire additional jKliplications to be c in advance of the event. Addi tional licensing fees may also be required . LOCAL GOVERNING BODY APPROVAL SECTION 20. I, hereby recommend this special event application (Government Official) (Title) on behalf of (City, Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) APPROVED jj D SAPPRO BY: (E) (Date) Regular Council Meeting - September 6, 2011 - Page 63 of 170 MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, September 6, 2011, 7:00:00 PM To: Mayor and Council Item A 1 From: Lisa Shafer , Assistant Planning Director Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING: Ordinance No. 2011.23: Relating to Development; adopting an amendment to the Continental Ranch Specific Plan for the Pines Phase IIb Discussion: LOCATION/HISTORY The Planning Center, representing Red Point Development, requests approval of an amendment to the Continental Ranch Specific Plan regarding changes to the Pines Phase IIb subdivision Property Development Standards and adding supplemental conditions to the Residential Design Guidelines to mitigate possible visual impacts to the neighborhood from the requested amendments. The subject site is located west of Interstate 10, north of Arizona Pavilions Drive, and east of the Santa Cruz River. The Continental Ranch Specific Plan was originally adopted on April 5th, 1988 by Ordinance 88.09. Since then numerous amendments have been approved including Ordinance 2005.19, which created the Pines Phase II development that allows for higher density residential uses on property formerly designated Freeway Commercial and Residential Recreation. The Specific Plan Amendment intended to create a well designed, medium -high density residential community with narrowed streets and site specific residential development standards. The current owners of the property, Red Point Development, have reviewed the development standards of Pines Phase Ilb and have determined that certain requirements compromise the potential size and variety of homes that may be within the subdivision. The issues relate to the size of the lots, in particular, those that are 39' or 40' wide by 85' deep. The current standards limit the maximum size and number of one and two story homes, in many cases the maximum livable area of the single story homes is under 1,200 square feet. SUMMARY OF PROPOSED CHANGES The entire Pines Phase II subdivision consists of a total of 265 lots. Pines Phase IIa contains a total of 135 lots (lots 1 -135) and Pines Phase IIb has 130 lots (lots 136 -265). Pines IIb currently consists of 123 vacant lots, five one -story homes and two two -story homes. The requested Specific Plan amendment is for Phase IIb only; there are no proposed amendments for Phase IIa. The Pines Phase IIb is subject to the development standards in the Continental Ranch Specific Plan as amended in 2005, and subject to the Town's Residential Design Regular Council Meeting - September 6, 2011 - Page 64 of 170 Standards. The Pines Phase IIb amendment requests include: Building Height A request to increase the percent of two -story homes from 50% to 70 %. Because seven lots are currently developed, this request results in no more than 89 new, two -story homes allowed and a minimum of 34 new, one -story homes within the Phase IIb. The Pines IIa will remain at the allowed 50% two -story homes. The overall result for the entire Pines Phase II (a & b) subdivision is a maximum overall increase to approximately 60% two - story homes allowed. Front Building Setback A request to decrease the front yard setback for garages of single -story homes from 20 feet to 8 feet. This modification will allow the building to move forward on the lot, increasing the buildable area and the potential size of a single -story home. Because there is an existing 10 -foot Public Utilities Easement (PUE) on this plat, this reduction will need to be approved on a lot-by- lot basis by the applicable utilities. Tucson Electric Power Company (TEP) has agreed to this encroachment in the subdivision. Lot Coverage A request to increase the lot coverage ratio for single -story homes from 50 percent to 75 percent. This modification will increase the buildable area on the lot and the potential size of a single- story home. Side Building Setback A request to modify the side yard setbacks on 26 lots that are 39 -feet wide to allow a 30- foot wide house to fit on the lot. This modification will reduce the five foot setback to four feet on one side of the home, requiring the adjacent home to maintain a five foot setback. This would provide a minimum nine foot building separation between the two houses. Increase Flush or Projecting Garage Percentage Allowed A request to increase the flush or projecting garage percentage allowed in the Residential Design Guidelines. The number of garages that may be flush with or project in front of the livable space of the dwelling would increase from 25% to 50 %. DESIGN REQUIREMENTS To mitigate possible visual impacts of these requested amendments, homes within the Pines IIb will meet all of the Town's Alternative Residential Design Standards and the following additional Design Standards to supplement the Alternative Residential Design Standards as follows: . To further discourage parking within the reduced driveways, the width of the paved driveway shall not exceed that of the opening of the garage door. e Garage placement shall vary from right to left side of the home, with no more than two of the same placement in a row. . Garage door shall be recessed from the front surround. e Provide a decorative window(s), stucco features, wainscoting or fascia bands in both sides of the garage facade. The window shall be a minimum of 3' long by 5' wide. e Each home utilizing the requested amendments shall include at least three of the following design features in addition to the Town's Residential Design Standards: 1. Provide windows, decorative relief cuts and/or panels on the face of the garage door; 2. Provide stucco treatments around the garage door to give the appearance of curved or rounded edges of the door; Regular Council Meeting - September 6, 2011 - Page 65 of 170 3. Utilize an alternative material on the garage door, such as rustic wood or decorative metal; 4. Enlarge roof overhangs; 5. Provide decorative features a minimum of 2' long by 2' wide to the garage front facade, including elements such as decorative vents, windows or stucco decorative features 6. Provide compatible color or texture treatments to driveways, front walks and/or front porches; 7. Provide for a varying roof transition with pop -outs, such as dormers or other type of projection; 8. Additional design features may be considered provided they are of comparable character as determined by the Planning Director. Public Notification A public notice for the hearing was published in the newspaper as well as posted at various locations around the Town. In addition, public hearing notification letters were sent to all owners of properties within 300 feet of the site. To date, staff has not received any letters or phone calls from a neighboring property owner with concerns about the amendment. A neighborhood meeting was held by the applicant on August 9, 2010 with a majority of the subdivision residents attending. ATTACHMENTS: Name: Description: Type: 0 Ordinance CR_Pines_Ph_ase Ilb_ (FC1365).DOG Ordinance Ordinance E] Pines Ilb_Exhibit A.pdf Exhibit A/Location Map Exhibit ❑ Pines Ilb Waiver and. I.ng.e..m.nity (00027743).DOC CR Pines Ilb Prop 207 Waiver Indemnity Backup Material Application pdf Application Backup Material E:I P.n..es_ lib Amendment_final.pdf SPA -11009 Continental Ranch Specific Plan Amendment Backup Material Staff Recommendation: Should the Mayor and Town Council desire to approve this amendment, staff recommends the following conditions: 1. This amendment only applies to a portion of the Pines II Final Plat, lots 136 -265 (Pines Phase Ilb), as recorded at Book 62 Page 85. 2. All of the conditions of existing ordinances remain applicable to this project except for any conditions that have been modified by this amendment, in which case, the modified conditions will take precedence. 3. Upon adoption of the ordinance by the Mayor and Council approving the Continental Ranch Specific Plan Amendment, the applicant shall provide the Planning Department with the following fmal edition of the revised Continental Ranch Specific Plan: one non -bound original; twenty -five bound copies; and, one digital copy in Microsoft Word or other acceptable format, within sixty days of the adoption. Commission Recommendation - if applicable: The amendment was presented before the Planning Commission on July 27, 2010. The project was approved 5 to 1 with Commissioner Jakab voting against the motion. Suggested Motion: I move to adopt Ordinance No. 2011.23, adopting an amendment to the Continental Ranch Specific Plan for the Pines Phase IIb. Regular Council Meeting - September 6, 2011 - Page 66 of 170 MARANA ORDINANCE NO. 2011.23 RELATING TO DEVELOPMENT; ADOPTING AN AMENDMENT TO THE CONTINENTAL RANCH SPECIFIC PLAN FOR THE PINES PHASE Ilb WHEREAS The Planning Center represents the owner of Lots 136 through 183, 185 through 218, and 225 through 265 of The Pines Phase II, a subdivision recorded in the Pima County Recorder's office at Book 62 of Maps and Plats, Page 85, and seeks to amend the Continental Ranch Specific Plan development standards that apply to Lots 136 thru 265 of The Pines Phase II (referred to in this Ordinance as the Rezoning Area), depicted on Exhibit "A" attached to and incorporated in this Ordinance by this reference; and WHEREAS the Continental Ranch Specific Plan was approved by the Town Council on April 3, 1988, as Ordinance 88.09; and WHEREAS the Continental Ranch Specific Plan Amendment for the Pines Phase U was approved by the Town Council on September 19, 2005, as Ordinance 2005.19; and WHEREAS the Marana Planning Commission held a public hearing on July 27, 2011, and voted 5 -1 to recommend that the Town Council approve the requested Specific Plan amendment, subject to the recommended conditions; and WHEREAS the Marana Mayor and Town Council held a public hearing on September 6, 2011 and determined that the requested Specific Plan amendment should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. The Continental Ranch Specific Plan's "MHD" residential site development standards and supplemental conditions to the Residential Design Guidelines are hereby amended as set forth in The Pines Phase Ilb Continental Ranch Specific Plan Amendment (August 2011), attached to and incorporated in this Ordinance by this reference. SECTION 2. This specific plan amendment amends the Continental Ranch Specific Plan's "MHD" residential site development standards and supplemental conditions to the Residential Design Guidelines for single family detached homes, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this Ordinance), subject to the following conditions: 1. This Ordinance only applies to Lots 136 thru 265 of the Pines Phase R subdivision (the Rezoning Area). 2. All of the conditions of existing ordinances remain applicable to the Rezoning Area except for any conditions that have been modified by this Ordinance, in which case, the modified conditions shall take precedence. Regw%f ft SSAR eDber 6, 2011 - Page 67 of 170 Page 1 of 2 3. Within 60 days after the adoption of this Ordinance, the applicant shall provide the Planning Department with one non -bound original, 25 bound copies, and one digital copy (in Microsoft Word) of the Continental Ranch Specific Plan as amended by this Ordinance. SECTION 3. This Ordinance shall not be effective until the Town files with the county recorder one or the other of the following instruments (in a form acceptable to the Town Attorney): a. An instrument executed by all of the owners of the Rezoning Area that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12 -1131 et seq., and specifically A.R.S. § 12 -1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. b. An instrument executed by the owner of Lots 136 through 183, 185 through 218, and 225 through 265 of The Pines Phase H that (i) waives any potential claims against the Town under the Arizona Property Rights Protection Act resulting from changes in the land use laws that apply to Lots 136 through 183, 185 through 218, and 225 through 265 of The Pines Phase H as a result of the Town's adoption of this Ordinance and (ii) indemnifies and holds harmless the Town from and against any potential claims against the Town under the Arizona Property Rights Protection Act resulting from changes in the land use laws that apply to Lots 184 and 219 through 224 of The Pines Phase II as a result of the Town's adoption of this Ordinance. SECTION 4. If the instrument referenced in Section 3 above is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. SECTION 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, phrase or portion ofthis Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6 day of September, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney RegulgMQ "A%ft & %g�eDber 6 , 2011 -Page 68 of 170 Page 2 of 2 EXHIBIT A Continental Ranch Specific Plan Amendment for the Pines Phase Ilb a TOWN of MARANA CASE SPA -11009 Subject Property Pines Ilb A Pines a tom` Santa Cruz River Pine z '�Y N O � 3',IO Q Request 0 600 1200 ft. " Amend the Continental Ranch Specific Plan regarding changes to the Pines Phase Ilb subdivision Property Development Standards and supplemental conditions to the Residential Design Guidelines for the requested amendments. Data Disclaimer: The Town of Marana provides this map informatlon'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, speaal,incidental or consequential damages, Including but not limited to time, money or goodwill, arising from the use or modification of the data. Regular Council Meeting - September 6, 2011 - Page 69 of 170 CONSENT TO CONDITIONS OF REZONING, WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE, AND INDEMNITY FOR CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MA RANA ORDINANCE NO. 2011.22 FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust No. 60334 (the "Owner"), owns the land referred to in this instrument as the "Property, which consists of Lots 136 through 183, 185 through 218, and 225 through 265 of The Pines Phase H, a subdivision recorded in the Pima County Recorder's office at Book 62 of Maps and Plats, Page 85. The Property is a portion of the land referred to in this instrument as the "Subject Land," which is the subject of Marana Ordinance No. 2011.22 (the "Rezoning Ordinance "). The Subject Land consists of Lots 136 thru 265 of The Pines Phase II. The Subject Land is the subject of Town of Marana rezoning case SPA - 11009, filed on behalf of the Owner. The Owner hereby agrees and consents to all of the conditions imposed by the Rezoning Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance, and waives any right to compensation for diminution in the value of the Property pursuant to Arizona Revised Statutes § 12 -1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also hereby indemnifies and holds harmless the Town, its officials, employees, representatives, and others acting on the Town's behalf, from and against any and all claims for diminution in the value of those portions of the Subject Land that are not part of the Property (specifically, Lots 184 and 219 through 224 of The Pines Phase II subdivision) that may be made pursuant to Arizona Revised Statutes § 12 -1134 as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this 6 day of September, 2011. FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust No. 60334 By: Martha Hill, Trust Officer Regul��ra7�70 of 170 8/26/20112:57 PM STATE OF ARIZONA ) Ss. County Of Pima ) The foregoing instrument was acknowledged before me on September , 2011, by Martha Hill, the Trust Officer of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust No. 60334. (Seal) Notary Public Regulg h rMiWiSi$ gp pigq $,gpl3 f fAM 71 of 170 8/26/20112:57 PM MARANA PLANNING & ENGINEERING APPLICATION 1. TYPE OF APPLICATION Check One ❑ Preliminary Plat ❑ Final Plat ❑ General Plan Amendment ❑Variance ❑ Development Plan ❑ SWPP ❑ Landscape Plan ❑ Native Plant Permit ® Specific Plan Amendment ❑ Conditional Use Permit ❑ Rezone /Specific Plan ❑ Native Plant Exception ❑ Significant Land Use Change ❑ Minor Land Division ❑ Water Plan ❑ Annexation ❑ Improvement Plan (specify We in Description of Project box *) ❑ Other - 2.- CEN�ItAI,�DATA:IIE IBRED `ry Assessor's Parcel General Plan Designation Master Planned Area Numbers To be confirmed by sta Gross Area (Acre/Sq. Ft.) +118 acres of 55 acre subdivision Current Zoning SP To be confirmed by staff) Development/Project Name The Pines, Phase II Lots 135 -265 Proposed Zoning NIA Project Location West of Interstate 10, north of Arizona Pavilions Drive Description of Project* Continental Ranch Specific Plan Amendment Property Owner Red Point Development Street Address 8710 North Thornydale Road, Suite 120 City State Zip Code Phone Number Fax Number E- ail Address Tucson AZ 85742 408 -2300 408 -2600 lkreis@redpointdevelopment.com Contact Person Phone Number / E -mail Larry Kreis, General Manager 408 -2300 Applicant The Planning Center Street Address 110 South Church, Suite 6320 City State Zip Code Phone Number Fax Number E -Mail Address Tucson AZ 85701 623 -6146 622 -1950 lmorales @azplanningcerrter.com Contact Person Phone Number / E -mail Linda Morales, Principal 623 -6146 Agent/Representative Street Address City State Zip Code Phone Number Fax Number E -Mail Address Contact Person Town of Marana Business License No. 3 AUT3ORIZATI0IV tOF PROPERTY OWNER -' I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in wri ' by the owner to file th' application and checklist. (If not owner of record, attach written authorization from the owner.) Print Na it/Agent Si afore Date � 1 " 1555 W. Civic Center Drive, Bldg. A2■Marana, AZ 85653 -7003 ■Telephone (520) 382 - 2600 ■Fax (520) 382 -2641 �grAiprj$i" McO4"eptember 6, 2011 - 22i ?17 IC4,4" sP,q 0 o 1 The Pines, Phase Ilb continental Ranch Specific Plan Amendment 1 Ma rano, Ariz August 2011 ' SPA - 11009 1 1 �J 1 ti I h ., �1 1 THE PLANNINGcENTER a 'vr stir � t rr— C-f•7 -Up ! "I = 110 % chxti Fig 63W hr - >on a ES701 ! The Pines, Phase IIb Continental Ranch Specific Plan Amendment Marana, Arizona Submitted to: Town of Marana Planning Department 11555 West Civic Center Way Tucson, Arizona 85653 Prepared for. Red Point Development 8710 N. Thornydale Road, Suite 120 Tucson, Arizona 85742 Telephone: (520) 408 -2300 Prepared by. The Planning Center 110 South Church Avenue, Suite 6320 Tucson, Arizona 85701 Telephoner (520) 623 -6146 ' August 2011 Mayor & Council Submittal SPA -11009 Original Amendment Case Number: SPA -05052 The Pines Ph II Phase b Table of Contents I. Request Letter .................................................................................. ..............................1 1. Existing Challenge ............... ............................................................. ..............................4 I)I. Proposed Requests and Mitigation Efforts ........................................... ..............................6 IV. Amendment Summaries ......................................... .. ........ ............................. ..............8 A. Amendment 1: Building Heights ........................................................ ..............................8 B. Amendment 2: Increase Flush or Projecting Garage Percentage Allowed .....................10 C. Amendment 3:Front Yard Setbacks ............................................................................... 13 D. Amendment 4: Lot Coverage ............. ............................,............. .............................16 E. Amendment 5: Side Yard Setbacks .............................................. .............................17 V. The Pines Development Standards ..................................................... .............................20 Exhibit 1: Location Map ........................................................................ ..............................5 Exhibit 2: Building Heights .......................................................................... ..............................9 Exhibit 3: Alternative Residential Design Plan .......... .... ...11 Exhibit 4: Visitor Parking ........................................ ............................... ...........................15 Exhibit 5: Small Lot Identification Map ........................................................ .............................18 Exhibit 6: Lot Modification Comparison .................................................... .............................19 Una Table of Contents 1 The Pines, Phase Ilb L Request Letter The following is a request letter for a series of plan amendments to the Continental Ranch Specific Plan that will provide the flexibility in design standards and development regulations to allow for a greater variety of home sizes and configurations on the Pines Subdivision, Phase Ilb. 1 l 1 Plan Amendment Request 1 The Pines, Phase Ilb j THE PLANNINGCENTER ef7j dwr slon of TPC Group, tnc, bang dusJness in Tucson for cuerZ years" j July 6, 2011 Lisa Shafer, Assistant Planning Director Town of Marana 11555 West Civic Center Drive Tucson, Arizona 85653 Subject: SPA -11009 Continental Ranch Specific Plan Amendment- Pines Phase Ilb Original Amendment Case Number: SPA -05052 RPD -06 ( Dear Lisa: As you know, Red Point Development is currently the owner of the remaining lots of The Pines Phase Ilb, a subdivision within the Continental Ranch Specific Plan (CRSP). Red Point purchased the homes from the former builder and is currently marketing lots to other homebuilders. The Pines Phase II, subdivided in 2007, consists of a total of 265 lots. Lot #'s 1 -135 are referred to as the Pines Phase Ila and Lot #'s 136 -265 are referred to as Pines Phase Ilb (See Exhibit 1: Location Map.) The following requested plan amendments are for Phase Ilb only; there are no proposed amendments for Phase Ila. Phase Ilb consists of 130 lots, and currently there are 5 lots with existing one -story homesites and 2 lots with existing two -story homes leaving 123 vacant lots. The Pines Phase Ilb is subject to the development standards in the Continental Ranch Specific Plan as amended in 2005, and subject to the Town's Residential Design Standards. As Red Point has been reviewing Phase lib and marketing it to potential homebuilders, some issues have arisen that compromise the potential size and variety of homes within the subdivision, which is affecting the salability of the lots. The issues that have arisen relate to the small size of the lots, in particular those that are 39' or 40' wide by 85' deep. The current standards severely limit the maximum size of single story homes, in many cases limiting the maximum livable area of the homes to under 1,200 square feet. We have identified amendments for Phase Ilb that would provide for flexibility to allow an increase in livable area while still maintaining the integrity and quality of the subdivision. There are no proposed changes /amendment for Phase Ila. Phase Ilb amendment requests include: 1. Building Height: A request to increase the percent of two -story homes from 50% to 70% for 130 lots within the Pines Phase Ilb. Since seven (7) lots are currently developed, this request results no more than 89 two -story homes and a minimum of 34 one -story homes within the Phase Ilb (Lots 136 -265). Pines Ila (Lots 1 -135) will remain Plan Amendment Request 2 The Pin Phase Il at 50% two -story homes. The end result is a maximum of 157 lots two -story homes in Pines Ila and Ilb, resulting in approximately 60% two -story homes for the entire project. 2. Increase Flush or Projecting Garage Percentage Allowed: A request to increase the number of garages that may be flush with or project in front of the livable space of the dwelling from 25 %, as required by the Town of Marana Alternative Residential Design Standards, to 50% within the Pines Ilb subdivision.] 3. Front Building Setback: A request to decrease the front yard setbacks for garages for single -story homes within the Phase Ilb subdivision. The request is from 20 feet to 8 feet to allow the building to move forward on the lot, increasing the buildable area and the potential size of a single -story home. Because there is an existing 10 -foot Public Utilities Easement (PUE) on this plat, this reduction will need to be approved on a lot -by -lot basis by the applicable utilities. This reduction is only allowed for single -story homes built within the Phase Ilb subdivision. A minimum of 34 single -story homes are anticipated within the Phase Ilb. 4. Lot Coverage: A request to increase lot coverage ratio for single -story homes within the Pines Ilb subdivision from 50 percent to 75 percent. This reduction is only allowed for single -story homes built within the Phase Ilb subdivision. A minimum of 34 single -story homes are anticipated within the Phase Ilb. 5. Side Building Setback: A request to modify the side yard setbacks on lots less than 40 feet wide to allow a 30 -foot wide one- or two -story house. There are approximately 26 lots of Phase Ilb subdivision lots that are less than 40 feet wide; Lot numbers include: 137 -139, 141, 154 -157, 182 -190, 211, 212, 215, 216, 254, 255, 258, 259, 262, and 263. A detailed discussion of each amendment follows and a red line /strikethrough version of the CRSP Development Standards is included at the end of this letter. Thank you in advance for your consideration of these amendments. Please don't hesitate to call or email me if you have any questions or need clarification. Sincerely, THE PLANNING CENTER Linda S. Morales, AICP Principal Imorales(�i-)azplanningcenter.com cc: Larry Kreis, Red Point Development Plan Amendment Request 3 T he P ines, Phase Ilb II. Existing Challenge Currently, 65 homes of the 130 platted in The Pines Phase Ilb must be single story per the Town of Marana Residential Design Standards. The majority of the lots in the subdivision are either 39' x 85'; or 40' x 85'. By applying the minimum setbacks on the lots (20' front, 5' side and rear), a home with a standard sized two -car garage could not exceed 1,200 square feet in livable area. This is a very small home by today's standards. Additionally, to achieve even the 1,200 square foot home, rear yards would be virtually eliminated. Figure 1 illustrates this situation: f 7_2 39 ' 5' BACK YARD Figure 1: Existing Configuration 1 1.195 S.F. 5' SIDE 5' SIDE SETBACK / HOUSE SETBACK 1 400 S F. GARAGE I \ O Y Y 2 m 0 Y) 0b N In order to remedy this situation, we are proposing a series of plan amendments to the CRSP that will provide the flexibility in design standards and development regulations to allow for a greater variety of home sizes and configurations. These amendments can ' meet the needs of homebuilders without sacrificing the purpose of the Town of Marana residential design standards. Plan Amendment Request 4 r The Pin Phase Ilb , Exhibit 1: Location Ma i \\ 12S12E22 �� 12S12E23 10 I� %l L �Sf :. Pines ilbA Pines Ila tt Santa Cruz River 12312E27 12S12E26 X� 3 I LEGEND Plan Amendment Boundary- Pines Phase Ilb NGRTH p' 400' gp{y Pines Phase Ila f FILE NAME: i :I- C16_aeT#d mxJ SOURCE: Pwn:1 County DOT G1S, 2010 88 Plan Amendment Request 5 The Pines, Phase 1Ib I11. Proposed Requests and Mitigation Efforts The Pines, Phase Ilb amendment requests include: 1. Building Height: A request to increase the percent of two -story , homes from 50% to 70% for 130 lots within the Pines Phase 1Ib. 2. Increase Flush or Projecting Garage Percentage Allowed: A request to increase the number of garages that may be flush with or project in front of the livable space of the dwelling from 25% to 50 %. 3. Front Building Setback: A request to decrease the front yard setbacks for garages for single -story homes within the Phase Ilb subdivision from 20' to 8', 4. Lot Coverage: A request to increase lot coverage ratio for single -story homes within the Pines llb subdivision from 50 percent to 75 percent. 5. Side Building Setback: A request to modify the side yard setbacks on lots less than 40 feet wide to allow a 30 -foot wide one- or two -story house. To mitigate possible visual impacts of these requested amendments, homes within the Pines Ilb will meet all of the Town's Alternative Residential Design Standards and the following additional Design Standards to supplement the Alternative Residential Design Standards as follows: • To further discourage parking within the reduced driveways, the width of the paved driveway shall not exceed that of the opening of the garage door. • Garage placement shall vary from right to left side of the home, with no more than two of the same placement in a row. Garage door shall be recessed from the front surround. • Provide a decorative window(s), stucco features, wainscoting or fascia bands in both sides of the garage fagade. The window shall be a minimum of 3' long by 5' wide. • Each home utilizing the requested amendments shall include at least three of the following design features in addition to the Town's Residential Design Standards: - Provide windows, decorative relief cuts and /or panels on the face of the garage door; - Provide stucco treatments around the garage door to give the appearance of curved or rounded edges of the door - Utilize an alternative material on the garage door, such as rustic wood or decorative metal; - Enlarge roof overhangs; Plan Amendment Request 6 The Pines, Phase 1Ib - Provide decorative features a minimum of 2' long by 2' wide to the garage front fagade, including elements such as decorative vents, windows or stucco decorative features - Provide compatible color or texture treatments to driveways, front walks and /or front porches. - Provide for a varying roof transition with pop -outs, such as dormers or other type of projection. - Additional design features may be considered provided they are of comparable character as determined by the Planning Director Plan Amendment Request 7 The Pines, Phase Ilb IV. Amendment Summaries A. Amendment 1: Building Heights A request to increase the percent of two -story homes from 50% to 70% for 130 lots within the Pines Phase Ilb. Since a total of seven (7) lots are currently developed (5 one -story and 2 two - story), this request equates to no more than 89 two -story homes and a minimum* of 34 one -story homes within Phase Ilb. All Pines Phase Ila (Lots 1 -135) will remain at 50% two -story homes. The end result is a maximum of 157 lots two -story homes in Pines Ila and Ilb, resulting in approximately 60% two - story homes for the entire project. (See Exhibit 2: Building Heights) *The minimum i provided - e u s p o ided so . that . there �s no limitation on single .story . homes. Reasons for Amendment: Building Heights • The site is surrounded by The Quarry Pines Golf Course, and therefore, the proposed building heights will have minimal impacts to surrounding property owners. The property is visible from the Interstate 10 frontage road, but is buffered the golf course (see Exhibit 2: Building Heights). • The site was originally planned for 1, 2 and 3 story homes, so a variety of building heights have been anticipated since it was _platted. Existing homeowners in the subdivision are aware that there should be multi -story homes within the subdivision. • The amendment would allow additional square footage on smaller lots, increasing home prices and property values, thus preserving the homes values in the neighborhood. 1 Plan Amendment Request 8 Q 0 1 N r A ( /�� P V/ c S � Q N m o a. o � a � Q s � C C ' d c � w r. k a C AP -- I • e t ., O LLI �/ rt y yi p" p� F / _ A F a? I A f ! i • ur 1 ' m * r•y� N LLI ar ww w� rr w� w� rr �w w� �ws wi w w w rw w� wr The Pines, Phase Ilb B. Amendment 2: Increase Flush or Projecting Garage Percentage Allowed In accordance with the Title 8 of the Town of Marana Land Development Code, additional architectural standards, architectural variety, and landscaping standards apply to Phase Ilb. As shown on Exhibit 3: Alternative Residential Design Plan, there are 20 additional standards to supplement the Town's Residential Design Standards and mitigate possible visual impacts of this reduction. The following indicates a single modification to the alternative residential plan and suggested alternatives in italics: • Where front entry garages are used, not more than 50% of those garages may be flush with or project in front of the livable space of the dwelling. Where a front porch or courtyard extends five feet or more in front of a garage the garage shall not be considered to be flush or projecting. Reasons for Amendment: Increase Flush or Projecting Garage Percentage Allowed The request for a reduced front setback (amendment #3) allows for a larger square footage on single -story lots. It also makes the single -story garages more likely to be flush with or project in front of the livable space of the dwelling; and therefore, the allotted single -story homes (34 homes) fulfill the original requirement for no more than 25% flush or project garages. The increase in flush or projecting garage percentage to 50% will also allow the two -story to be homes to be flush or project in front of the livable space while contrasting with the setbacks of other adjacent two -story homes. ..l.� Plan Amendment Request 10 The Pin Phase Il Exhibit 3: Alternative Residential Design Plan '1"1 IBC 1 W ,Nt:111. NA, ARI %(A N 2. For subdivisions with 30 lots or more no front elevation may be repeated more than one house in every five along a single side of a street. For subdivisions with fewer than 30 lots no two houses shall display the same elevation. 3. The base color of a house may be repeated no more than one house in every three along a single side of a street. 8.06.09 Alternative Residential Design Plan A. Alternative residential plan. An alternative residential design plan is required when an alternative neighborhood design plan requests the small lot option or multi -story dwellings for more than 50% but no more than 60% of the subdivision. - B. If both options are requested, subdivisions of 50 or more units must provide 250 square feet of private opens . space per residential unit. C. Architectural Standards. 1. Color. Color schemes other than a dwelling's trim color shall not exceed a light reflectivity value of 50 %. 2. Front Dwelling Facade. The front dwelling fagade shall include: a, Varied roof line, wherein elements of the dwelling display different heights, or where roof design changes more than two planes or directions or where adjacent houses display different heights or different roof styles. b. Windows recessed at least two inches from the building wall, or casement windows, or bay windows or other similar projection as a structural element. 3. Front porches. At least 50% of all dwellings in a subdivision shall include front porches or courtyards fifty square feet or larger that project five feet or more from the dwelling fagade. 4. Front entry garages. a. Where front entry garages are used, not more than 25% of those garages may be flush with or project in front of the livable space of the dwelling. Where a front porch or courtyard extends five feet or more in front of a garage the garage shall not be considered to be flush or projecting.0 b. Garages that are not flush with or do not project in front of , the livable space of the dwelling shall be set back at least sever, feet from the livable space of the dwelling, vk:. 5. Side entry garages. Garages entered from a side street r` crossing a side lot line of the lot or a side entry garage located perpendicular to the front fagade of the dwelling. The wall of the garage facing a street shall include a window or other architectural detail. Title 8 - General Development Regulations page ?, ;,f :2 , ) i 4n3, 2011 11 Plan Amendment Request 11 The Pines, Phase 11b TOWN Ol MARANA. ARIZO\A f \\D N \+'.lOP.N1PNT CODE 6. Rear entry garages. Rear entry garages where access is taken from an alley or parking court may be used. in accordance with an approved alternative neighborhood design plan. 7. Corner lots. Where a house is located on a corner lot it shall display four sided 1 architecture except where a wall is on a lot line. D Individual Lot Landscaping, 1 - An individual lot shall contain a minimum of one tree planted in the front yard. 2. Where drainage permits, landscaping shall be required within adjoining side yards between two adjacent dwellings. 3. All trees and plants shall meet Arizona Nursery Association minimum guidelines for caliper and size and shall conform to the Town of Marana approved plant list. 4 All screen walls enclosing individual side and rear lots shall be uniform throughout the subdivision and shall be designed to incorporate color, or contrasting materials or design elements. No uncolored grey block shall be allowed. View fencing may be required in certain locations. 5. Air conditioners, pool equipment, or other mechanical equipment shall be fully screened from view by a screen wall, E. Lots adjoining major roads. collectors or arterials- 1 . All lots adjoining arterial or collector streets. Any house located adjoining an arterial or collector street shall display four sided architecture except where a wall is on a lot line. 2. Multi-story dwellings, Multi-story dwellings shall be prohibited on those lots along the edge of a subdivision where adjoining existing lots have one-story dwellings along that edge. This provision shall not apply to subdivisions located adjoining each other within a master planned community approved under a common rezoning. E. Building materials. Materials may include stucco, brick, adobe, rock, flagstone, wood, metal, and other similar distinct materials Where metal is used, including window shades, it shall be treated so that its light reflective value does not exceed 50%. F. Architectural variety, 1. For subdivisions with 30 lots or more, the residential design plan shall include at least four different base models with three different front elevations per model, the number of elevations per model may be reduced to two if the residential design plan provides five or more models. For subdivisions with fewer than 30 lots. the residential design plan shall include at least two different base models with two elevations per model. 2. For subdivisions with 30 lots or more no front elevation may be repeated more than one house in every five along a single side of a street. For subdivisions with fewer than 30 lots no two houses shall display the same elevation. 3, The base color of a house may be repeated no more than one house in every three along a single side of a street. Title 8 - Gencrat Dc% c loptn nt Regulati— Plan Amendment Request 12 The Pines, Phase Ilb , C. Amendment 3: Front Yard Setbacks Amend the CRSP to allow front garage setbacks for single -story homes to be reduced from 20 feet to 8 feet on single -story lots within the subdivision with approval to reduce the Public Utilities Easement (PUE) from the applicable utilities. This reduction is only allowed for single -story homes built within the Phase Ilb subdivision. A minimum of single -story 34 homes are anticipated within the Phase Ilb. (See Exhibit 6: Lot Modification Comparison) Reasons for Amendment: Front Yard Setbacks • By decreasing the front yard setbacks for single -story lots, it allows for: • More reasonably sized one -story homes (over 1,200 square feet). See Exhibit 6: Lot Modification Comparison; • Potentially larger backyards; and • Competitive lot sizes within a struggling residential market. • An 8 -foot setback is short enough that residents and visitors would not be able to park a standard vehicle in these reduced driveways. Required parking for these homes will be provided by a two -car garage. The community's CC &Rs require that homeowners use their garages for parking and not for storage, i.e., if they have two cars, both must be stored in the , garage and not in the street or driveways. These requirements will be strictly enforced by the Homeowners Association's property manager. Because the subdivision was originally designed to have visitor parking allowed on one side of the street as well as within pockets of off - street parking areas distributed throughout the subdivision, there is still abundant visitor parking. As shown in Exhibit 4: Visitor Parking, there are approximately 112 visitor parking spaces throughout the Phase Ilb subdivision: 54 off - street parking spaces and 58 on- street parking areas. , On- street parking was calculated by estimating 1 parking space for every 1.5 lots. For example, when the building footprint is mirrored and the driveways on opposite sides of each home, there is approximately 30 -35 feet available for on- street parking in between driveways. The difference in space available depends on the width of the lot. Of the 87 lots identified for available on- street parking, there are 20 lots that are less than 40 feet wide. Compact cars will be able to fit at least two cars in this area. For larger vehicles, there may only be enough space for one parking space. In addition, "No Parking" signs and 1 red curbing will be placed along the other side of the street. The Homeowners Association's (HOA) property manager will be responsible for parking enforcement. Plan Amendment mendment Request 13 ' The Pines, Phase Ilb • The 8 -foot setback is adequate to provide area for public utilities. The subdivision plat currently includes a 10 -foot PUE. On the lots that utilize this reduction, a modification of this 10 -foot PUE will be sought to reduce the PUE to 8 -feet at the time of permitting. Eight - foot driveways further reduce the chance that residents and guests attempt to park in driveways and provide additional buildable area on the lots. • The reduced setback will only be utilized for a minimum 34 lots within the subdivision. This will provide for a varying street fagade. • The proposed additional Design Standards offer details that will compensate for the reduction in the setback and reduce the garage domination of the street frontage. i Plan Amendment Request 14 $ LO m p m C:)7 cl b ` c m E m N 70 d o N Q v C O) `° c N N r m b in in 'c !aa a�i CL U) t � m8 c O O Z W W Z u n k 5 w \ ' 1 .,.. of mss- \ 13 `�.: �_A• I , r , Y � I � \� f t a L � I 0 � 1 y+ « w s� r � r �r ■r r r� �r r rr� � r r �r r� �r The Pines, Phase 1Ib D. Amendment 4: Lot Coverage Increase the allowable lot coverage from 50% to 75% for single -story homes utilizing the reduced front setback option. A minimum of 34 single -story homes are anticipated within the Phase Ilb. Reason for Amendment • This increase is necessary to accommodate the larger footprint of the homes that could result from the reduction of the front yard setback. By increasing buildable area for single -story lots, it allows for: o More reasonably sized one -story homes (over 1,200 square feet). See Exhibit 6: Lot Modification Comparison; o Potentially larger backyards; and o Competitive lot sizes within a struggling residential market. • The proposed additional Design Standards offer details that will compensate for the reduction in the setback and reduce the garage domination of the street frontage. • An additional half -acre recreational area "tot lot" has been provided in addition to the large pool /recreational site in the middle of Phase Ilb. Plan Amendment Request 16 The Pines, Phase Ilb E. Amendment 5: Side Yard Setbacks Reduce side yard setback on one side yard from 5 feet to 4 feet for lots less than 40 feet wide. This reduction only applies to one- and two -story homes for a total of 26 lots of the Phase IIb subdivision lots.. Lot #'s include: 137 -139, 141, 154 - 157, 182, 183, 185- 190, 211, 212, 215, 216, 254, 255, 258, 259, 262, and 263. Reason for Amendment: • The side yard reduction for lots less than 40' wide lots is sought because many builders' floor plans are designed for 30 -foot wide houses. Three story homes originally planned for the site may have been feasible on a 39' wide lot but that home product is no longer available. By allowing the reduction of the side yards by a maximum of 1 foot on one side of the home, this would allow this more standard sized house to be placed on these lots. This makes it more practical for homebuilders to build to their plans without the need to squeeze their plans by an extra foot, while maintaining at least one side of the home with the existing 5 -foot setback to address Northwest Fire's desire to have adequate room for their ladders. If a home were to utilize this setback reduction, the floor plan must meet NW Fire's requirement for at least one egress door or window to the 5' side yard, front or rear of the home for j each second floor sleeping room. This would affect only 26 lots of the Phase Ilb subdivision. (See Exhibit 5: Small Lot Identification Map and Exhibit 6: Lot Modification Comparison): - • The reduced side yard setback is more than what is already allowed within the CRSP for the Pines, Phase Ilb. The approved setback is for 5 feet or zero (0) lot line developments. • The reduced side yard setback is more than what is already allowed within i the International Building Code. The IBC requires a maximum of 3 feet from building wall to property line. Plan Amendment Request 17 a 00 � o o_ w z n a Q _ g D 17 ~ N � Z � �CC � to N C X a c > > U U _2 2 Q V1 J O O O (Q Cn a c 3 O w m m (n N N N W W t, A t . t 4 r t r n s Yg o ar N Ir Qt -� � ... D f ' CL N _ I a to m f M ♦ � [O N n M N I �• I N N n N r � r n r \ ♦ n n r � r 7 r n � r \ h tD ! r v LL \ � ♦ I \ t w ' t W \w r� wr rr err rr r rr rr rr rr r rr rr rr rr rr m all Q ol N C § C ttA o € N Z to W w a(u 20 4) � w &as Q W L Cl JU 0 LO n ../ ' wam k p LL C� C i-° *� as I wo °' m e �© u c m <t LU 2 a o= I I I J o W ,u. 0 '' ' o LU <t 61 > J ui a caJ pp W co Q U: c r app V ObVA INOW V J C c co °m o °a c t viy= m c3 co > �. , . Of w Z 4= cc :G 04 C-i In Lo t K W rr�■ rr � � �r ■r ■r r � r �r � r it � � Nwr The Pines, Phase Ilb * V. The Pines Development Standards ■ The following section is taken from the Continental Ranch Specific Plan. The proposed modifications to the standards are underlined and deletions are shown in strikethrough format. E. RESIDENTIAL SITE DEVELOPMENT STANDARDS 2. MEDIUM HIGH DENSITY RESIDENTIAL (6 -10 RAC) 1 a) Permitted Uses 1) Uses listed under medium density shall apply. 2 Single-family dwellings, attached or detached, with party walls, front porches or walled courtyards. F. Property Development Standards 1) Minimum Lot Area: Four thousand (4,000) square feet average, three thousand (3,000) square feet minimum including common area. 2) Density: The minimum gross land area per dwelling unit shall be an average of four thousand (4,000) square feet. 3) Maximum Building Height: Thirty (30) feet, two stories. Parcel 62E shall not exceed three stories and thirty six (36) feet 4) Landscaping Requirements: Any part of the total subdivision not required for buildings, structures, loading and vehicular access, pedestrian walks, and hard surfaced areas shall be landscaped according to Chapter VI, Design Guidelines of the Continental Ranch Specific Plan. 5) Building Setbacks: ' Front: Twenty (20) feet, Parcel 62E, ten (10) feet to livable area, twenty (20) feet to garage and ten (10) for a side load garage. The garage shall not extend beyond the livable portion of the dwelling when there is a house forward. Garage Setback may be reduced from 20 feet to 8 feet on up to a minimum of 34 of the single -story homes within the Pines Phase Ilb Subdivision. Plan Amendment Request 20 1 The Pines, Phase IIb Side: 5 feet or zero (0) lot line developments fThe location of a dwelling on a lot in such a manner that , one (1) of the sides of the dwelling rests directly on the lot line.) For Pines Phase IIb, all lots less than 40 -feet wide may be reduced to 4 feet on one side of the dwelling. Lot numbers include: 137 -139. 141, 145, 154 - 157 182 -190 211 212 215 216 254 255 258 259 262, and 263. Rear: Five (5) feet ,. Corner: Ten (10) feet 6) Parking: a minimum of two on -site parking spaces (including garage and /or driveway) for each dwelling unit shall be provided. Parcel 62E shall have the option of tandem parking 7) Garage Requirement for Parcel 62E: the minimum interior width dimension of a double garage shall be 19' -6 ".. Tandem parking shall have a minimum interior width. of 11' -0 ". 8) Lot Coverage: 55 % and 75% for a minimum of 34 , single story homes utilizinq the reduced front setback option in Pines Phase llb. G. Residential Design Standards The Pines, Phase IIb is subject to the Town of Marana Alternative Residential Design Standards with the following exceptions: 1 Where front entry garages are used, up to 50 %0 of those garages may be flush with or project in front of the livable space of the dwelling. The following additional Design Standards are required to supplement the Town's Alternative Residential Design Standards in the Pines, Phase IIb: • To further discourage parking within the reduced driveways, the width of 9 P 9 s Y the paved driveway shall not exceed that of the opening of the garage door, • Garage placement shall vary from right to left side of the home, with no more than two of the same placement in a row. • Garage door shall be recessed from the front surround. 88 Plan Amendment Request 21 The Pines, Phase llb ■ Provide a decorative window(s), stucco features, wainscoting or fascia bands in both sides of the garage fagade. The window shall be a minimum of 3' long by 5' wide. ' Each home shall include at least three of the following design features in addition to the Town's Residential Design Standards: - Provide windows, decorative relief cuts and /or panels on the face of the garage door; - Provide stucco treatments around the garage door to give the appearance of curved or rounded edges of the door Utilize an alternative material on the garage door, such as rustic wood or decorative metal; - Enlarge roof overhangs; - Provide decorative features a minimum of 2' long by 2' wide to the garage front fagade, including elements such as decorative vents, windows or stucco decorative features ' Provide compatible color or texture treatments to driveways, front walks and /or front porches. - Provide for a varying roof transition with pop -outs, such as dormers or other type of projection. - Additional design features may be considered provided they are of comparable character as determined by the Planning Director Plan Amendment Request 22 ,, ANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, September 6, 2011, 7:00:00 PM To: Mayor and Council Item A 2 From: Frank Cassidy , Town Attorney Strategic Plan Focus Area: Not Applicable . Subject: Ordinance No. 2011.24: Relating to Utilities; replacing existing Town Code Title 14, entitled Water, with a comprehensively revised Town Code Title 14, entitled Utilities; revising the content of Town Code Title 14 to include water and wastewater utilities; and establishing an effective date Resolution No. 2011 -88 Relating to Utilities; declaring the comprehensive revisions to Town Code Title 14 as a public record filed with the Town Clerk Discussion: Title 14 of the Marana Town Code currently addresses the Town's water utility. This item proposes to change the name of Title 14 from "Water" to "Utilities" and to revise it to include both water and wastewater, to accommodate the Town's anticipated operation of its own wastewater utility. Water and wastewater utility functions have many overlapping administrative and service concepts and requirements. Town staff from the Utilities Department 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 proposed for adoption tonight is eight pages shorter than the previous version, despite the addition of the wastewater function. The proposed Title 14 (Utilities) presented tonight is the same version as presented at the Council's August 9 study session. The backup materials include 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 and margin notes, so that only text changes appear. Financial Impact: This revision is not expected to have a financial impact on the Town. ATTACHMENTS: Name: Description: Type: ❑ Ordinance T_C Title_14 (00027671) DOC Regular Council Meeting - September 6, 2011 - Page 98 of 170 Ordinance Ordinance ll Resolution_TC_Title_14_Public Record Declaration (00027674).DOC Resolution Resolution El Exhibit A to Resolution _Title_14 _comprehensive revisions_ Exhibit A to Resolution TC Title 14 complete Exhibit (00027674pdf revisions ❑ WS BinaryC. omparison 00027419- 00027418.pdf Comparison of old and new Title 14 Backup Material Staff Recommendation: Staff recommends adoption of Ordinance No. 2011.24 and Resolution No. 2011 -88, adopting the comprehensive revisions to Town Code Title 14 and declaring the revisions a public record. Suggested Motion: I move to adopt Ordinance No. 2011.24, placing existing Town Code Title 14, entitled Water, with a comprehensively revised Town Code Title 14, entitled Utilities; revising the content of Town Code Title 14 to include water and wastewater utilities; and establishing an effective date and Resolution No. 2011 -88, declaring the comprehensive revisions to Town Code Title 14 as a public record filed with the Town Clerk. Regular Council Meeting - September 6, 2011 - Page 99 of 170 MARANA ORDINANCE NO. 2011.24 RELATING TO UTILITIES; REPLACING EXISTING TOWN CODE TITLE 14, ENTITLED WATER, WITH A COMPREHENSIVELY REVISED TOWN CODE TITLE 14, ENTITLED UTILITIES; REVISING THE CONTENT OF TOWN CODE TITLE 14 TO INCLUDE WATER AND WASTEWATER UTILITIES; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance are in the best interests of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The comprehensive revisions to Marana Town Code Title 14, entitled "Utilities," three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and are attached as Exhibit A to Resolution No. 2011 -88 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. Existing Marana Town Code Title 14, entitled "Water," and all other ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance is effective on October 7, 2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6`" day of September, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - September 6, 2011 - Page 100 of 170 {00027671.DOC !} MARANA RESOLUTION NO. 2011-88 RELATING TO UTILITIES; DECLARING THE COMPREHENSIVE REVISIONS TO TOWN CODE TITLE 14 AS A PUBLIC RECORD FILED WITH THE TOWN CLERK BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the comprehensive revision to Marana Town Code Title 14 (Utilities), a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6ch day of September, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting - September 6, 2011 - Page 101 of 170 {00027674.130C /} Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision 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 Regular Council Meeting - September 6, 2011 - Page 102 of 170 {00023695.DOC14} Exhibit A to Resolution No. 2011 -88 4 Comprehensive Town Code Title 14 Revision TITLE 14. UTILITIES Title 14 was originally adopted by Ordinance CHAPTER 14 -1. GENERAL PROVISIONS No. 96.06, and was comprehensively rewritten 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 util- ity 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. 10. "Premises" means all of the real property and apparatus em- ployed by a single enterprise on an integral parcel of land undi- 96+ gAN9pFMW September 6, 2011 - Page 103 of 170 1 91612011 (00023695.DOC14) Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision +'d� 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. B. Compliance with federal, state, and local ordinances and regula- tions. Kf4qArqRoVj WqSft September 6, 2011 - Page 104 of 170 2 91612011 {00023695.DOC14} Exhibit A to Resolution No. 2011 -88, Comprehensive Town Code Title 14 Revision 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. 1. 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 pri- mary residence of a new. homeowner customer with favorable credit references from three utility companies who serve or previ- ously 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: 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. 1!If4OAAAojrb*M September 6, 2011 - Page 105 of 170 3 9/6/2011 (00023695.DOC14) Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision 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 de- posit. 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 util- ity 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, stat- utes, 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. %fAgANS4oJt*M September 6, 2011 - Page 106 of 170 4 91612011 (00023695.DOC14) Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision 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 within an applicant's proposed development as well as outside the development if the facilities are deemed necessary or de- sirable in the sole opinion of the town to serve the new devel- opment: 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, mate- rial 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 91FA►Ma°�til/M September 6, 2011 - Page 107 of 170 5 91612011 {00023695.DOC141 Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision 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 prop- erty "), 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 propor- tionately to each subsequent connection by non - participating property 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. KfAFlAAQoPnW September 6, 2011 -Page 108 of 170 6 91612011 {00023695.DOC141 Exhibit A to Resolution No. 2011 -88 m ® i Comprehensive Town Code Title 14 Revision 4. Payment of any equipment damage resulting from unauthor- ized 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 cus- tomer'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 premises for any purpose reasonably related to the town's provi- sion 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. KfA*WoPC7 W September 6, 2011 - Page 109 of 170 7 91612011 {00023695.DOC14} Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision 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. Un- paid 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 9 fAgANAoyb*M September 6, 2011 - Page 110 of 170 g 9/6/2011 {00023695.DOC141 Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision 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 - liabilitv 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. %fAqAWoVj5"qD@jjt September 6, 2011 - Page 111 of 170 g 91612011 (00023695.DOC14) Exhibit A to Resolution No. 2011 -88 a Comprehensive Town Code Title 14 Revision 2s 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 minimum 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 K"qAW A oVb*A0qDb7jt F September 6, 2011 - Page 112 of 170 10 91612011 (00023695.DOC14) Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision IMMEMEM 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- tea 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 Ma- rana 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 shall 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. %fAgARAoPb*M September 6, 2011 - Page 113 of 170 11 91612011 {00023695.DOC141 Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision ;' 1 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. 1. 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 cus - tomer'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 holidays except in an emergency situation as determined by the utilities 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. 9&4c,40AWoPb*M September 6, 2011 - Page 114 of 170 12 91612011 {00023695.DOC14} Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision 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 prem- ises 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 gen- eral criteria to assist the council, or in the absence of a quorum KfA* goy0{jl N September 6, 2011 - Page 115 of 170 13 91612011 {00023695.DOC /4} Exhibit A to Resolution No. 2011 -88 a , Comprehensive Town Code Title 14 Revision , the mayor or the vice mayor, in determining when to declare a wa- ter 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 Pian 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 [^insert 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 prohib- ited. 4. The operation of outdoor misting systems used to cool public areas is prohibited. %f,41*AKQoPNl "ft1l September 6, 2011 - Page 116 of 170 14 9/6/2011 {00023695.DOC14] Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision 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 vari- ance 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. If there is any violation of this chapter, the water utility for which the emergency was declared shall: 1. Place a written notice of violation on the property where the vio- lation 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 reason- able 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 ser- vice 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. %fAF+AWAoftW September 6, 2011 - Page 117 of 170 15 91612011 {00023695.DOC141 Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision e 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 util- ized or installed at every water system service connection and us- age 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 con- sidered 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 qual- ity. 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 96"4 WS4oPf?�AW September 6, 2011 - Page 118 of 170 16 91612011 (00023695.DOC14) Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision 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 verti- cally 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 resil- ient seated test cocks. This assembly shall only be used to pro - tect 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 shalt 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 KfAqArC*Tb"jDW September 6, 2011 - Page 119 of 170 17 9/6/2011 (00023695.DOC14) Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision shall be equipped with ro properly located resilient seated test P P Y 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 proc- essing 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 proc- ess 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 process- ing 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) %f4gA 9pVt9i " September 6, 2011 - Page 120 of 170 18 9/6/2011 {00023695.DOC141 Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision 15. Any material or piping system not approved by the uniform plumbing code or the environmental protection agency for po- table 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 K fAOA 'gopbj M September 6, 2011 - Page 121 of 170 19 91612011 {00023695.DOC141 Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision i 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 automatic 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 clas- sified 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 gener- ally 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 KM*WAoPj AV September 6, 2011 - Page 122 of 170 20 91612011 {00023695.DOC14) Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision (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 compli- ance 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- K"4AWoP" September 6, 2011 - Page 123 of 170 21 91612011 (00023695.DOC14) Exhibit A to Resolution No. 2011 -88 Comprehensive Towri Code Title 14 Revision 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. K"OA AoPj5OWqD7g� September 6, 2011 - Page 124 of 170 22 91612011 {00023695.DOC141 Exhibit A to Resolution No. 2011 -88 Comprehensive Town Code Title 14 Revision 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 prohib- ited. 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. %fAqAWoyWW66L1t September 6, 2011 - Page 125 of 170 23 91612011 {00023695.DOC141 Exhibit A to Resolution No. 2011 -88 e , Comprehensive Town Code Title 14 Revision 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. Kf,4ft 4ojb*M September 6, 2011 - Page 126 of 170 24 9/ /2019 (00023695.DOC14) I TITLE 14. CHAPTER 14 -1. GENERAL PROVISIONS 14 -1 -1 Intent and purpose I A. R- tke intent and purpose of the eatitieil, by adepting this titles to promote the health, safety, order and general welfare of the present and future of the town, and specifically to: 1. Provide-for safe and reliable service to the iahftb4ftnt9 customers of the town; 2. Provide for the financial integrity of the town water u64ty o ; 3. Prateet the beftith, . Manage the water resources of the town to protect the existing inhftbitftnts customers of the town and to facilitate the economic development of the town; -5- 4„Develop water resources for the benefit of the aud WE= residents customers of the town; 4-. ,_Provide for the expansion and improvement of the town's water tttihty wastewater iliti s and adequate prweisiati of water and wastewater system capacity - s 14 -1 -2 Definitions A. In this title, unless the context otherwise requires: 1. "Applicant" means a person requesting the town to supply service. 2. "Application" means a request to the town for °� - -„ - �eittsion, °s udL 3. "Commodity charge" means the unit cost of billed usage as set forth in thewxt-e> o ted rates and charges. 4. "Contributions in aid of construction" means funds provided to the towrrvaater-� by the applicant under the terms of affw4ffA4WjQ extension agreement or service connection agreement - k 5. "Customer" means the person or entity in whose name service is rendered, as evidenced by the name on the application-er-j= contract for t4l*t- service, or by the reeeipt or payffient of " ili ' bills- regardless of the identity of the actual user of the wftter , - lit - service Customer includes the customer's a®ent or contractor_ 6. « -7-. "Main „ laefttian where the water is traftsparted through a piping systeffi to te"a"fs ar oeettpafits for their . "Meter" means the instrument for measuring and indicating or recording the volume of water that has passed through it. 4& " Meter seals. 44-. « Z. "Non -- potable mvater" means water not suitable for human consumlztion. 42-.1 "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 21 "Potable water" means water su it able for human ons umntion_ 4-3-.JQ, "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. Regular Council Meeting - September 6, 2011 - Page 127 of 170 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 infrastructure used for the collection or treatment of wastewater. jam., facilities" means infrastructure used for the extraction_ storage_ or deliver: of ot�n able 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 wftter develapmetit phmm&j=LVj= The council may adopt comprehensive system ' master lam. Upon adoption of the plans the council shall assure that no extension, improvement or addition to then towns utility whieh the town has jur4sidietieft shall be constructed or authorized sunless an the extension, improvement or addition to the town Water ttfility System ar fifte-i-14-i-es 9-hag 3 he defefffii to ftfar - to heconforms to the corres on nding comprehensive w*teruW4 system de-k r plan. B. Adeptieft of water utili construction standards. The council shaH be efflpseed +em" adopt and amend engineering design and construction standards for improvements to, extensions of, additions to, and modifications of the town wftter ' C. , ftt its sole eattneil shag seleet bids ftad prepasals frem ittdividuaig ftnd entities with pro-een water- etility manageffieftt eltperiettee. Managetnent fees are to be paid by the tewn from water tttihty re-eetittes for U ili i s o b operated as rntewrise funds. A separate fund is established for the town's water utility €6VA and -A tnonies for the town's wastewater utility. 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 corres ins 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 utility fund. The town council may make loans from the general fund to the town water utility €u*d from time to time to supplement revenues generated by the town to assure the timely payment of all obligation o` , provided that the loans are timely repaid from the wftte� ondinr utility fund to the general fun together with interest. it is hereby deelared to be the expregs pahey and intent of the tepwn that -he �Bwft water tttiht shal he-a. The town utilities shall be self- supporting ft64tf funded solely from revenues generated from utility operations. All fees and charges levied by the town in relation to its j shall be, to the degree practical, based on the cost of providing the service for which a fee or charge is levied. f;gr- the elftss of qept4ee or type of ser-Aee provided thrauoottt t4e water u64ty of the fawn. ehapter 4 4- 4 4. 44-2 2 Water -A,. Dwies. ift ftdeh6aft to those dutieg and re9peftsibilities enttfnerft�ed in this tide, the direeter Utilities director ne own u ili i s direct shall be responsible for the day to day management of the town water ,tili i s including, but not limited t , suffieieftey title, > Regular Council Meeting - September 6, 2011 - Page 128 of 170 2 14 2 3 A- . . - , 6 wBEef; r ela t ed A, Provision of safe and rchahle service to town uuhLK customers I Compliance with federal state and local ordinances and remlations C. .. ., whaffi shall r-epr-esetit areas of the town at large. Alefnbers i9f the water tttihfy ad-, isafy e shag sevte ter-fns af three ye renarauon of utiLt s� stem master 1 a i D. . SufficienQ - of the town's water sunoly. E. tawft Adcquua 5 of the town's m magi-ater utili a F. .. hnection and repair of the unlitg stems. Review of all enlyineerin2 121ans and contracts. LL Collection of all funds due the town's utilities L Myclopment of utilities elements of the town's cal2ital improvement Plate ' L �reuaration and a lminis ra ion of annual hndetc. Regular Council Meeting - September 6, 2011 - Page 129 of 170 3 I IL Enforcement of this title_ CHAPTER 14 -3. `v�ER 1TI LLU SERVICE 14 -3 -1 Application for service Water and /or wastewater utility service may only be provided pursuant to a- written application ju the tow , ore rovidin sg ervi� th, e town shall collect all installation and other charges required by this ti e; , town tawn shft]4 ha-ve the right to eal4eet the fttg affiettfit owed figr water utility sef6ee frafn afty afte of the *pplieftnts at the all customer information deemed aro riate b the utiLties department. 1 utility se"ieer 4- , 2 , 3 , 4. Addreg 3 , Fr , -7-. Purpose far whieh serviee is to be 8-. indieatieft af whether appheant is awner, tenant or agent for- the , , s3 . 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 wotter service. A separate deposit may be required for each ' eatifteeted and adjust the de. or- dewn based oft dhe ettstomer's aetual water- e service con- nection B T__.._est an depo.: osi ; refun refue-ts a discontinuance of sen-ice_ as lonij as all hills are paid in ful No interest shall be paid to customers on deposits. 4keDe osit refunds shall he made to the individual iff -whose name th'-- depa-4 is made shall be restgaftsible far- �he Payment 4 a]4 hi&s iftearred i ith the serviee fttffiished. 41te depe able and eaft be redeemed anly at the town water utAity ,...n..etie_ affi e 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. Far - ---___ ettste ffie ..,.._ h ffre i.a..-.,o__.. ere with three f The de osit may be vdaived for the primary residence of a new homeowner customer with favorable credit references from three utility- c�oanies who serve or 12revious4- scjxrd Lbg cjj5LQmgr. Lpon customer reques the deposit will be credited tote account after one year of outstanding eredit no dclinguenc� . 14 -3 -3 B and atter and the town water tttihty direetar shetH biwe the power to e!teettte the band aft behidf of Grounds for refusal of service ' A. The town may refuse to establish -water utility service if any of the following conditions exist: Regular Council Meeting - September 6, 2011 - Page 130 of 170 4 I 1. The applicant has an outstanding amount due forwat ilir< 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 I resident of the town or the town's personnel or facilities;, 3. Refusal by the applicant to provide the town with awate 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 —ate utility service;, 5. Applicant provides false information for the purpose of obtaining service. 14 - Teffiparftry serv _^ en Lines- valves and water meters 4„43 6 c.....ie On ....i - ft_.a _.....e_.. tL An applicant for water utility service shall be responsible for the cost of installing all customer piping up to the meter. Water meter and /or discharg paint for the sewer connection. Imo. 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. L The town j-L install its water meter at the property line o fft the town's eptieft, an the . in die public ri_uht -off U 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. ' a The customer's lines or piping must be installed in a way that prevents cross - connection or backflow. 14 -35. Easements and rights of -way A. Each ettstafn ._ of th e -town Futility customer shall grant adequate e tasements or wit �s -of -way satisfactory to the town to ensure that custome& service eanfteeeeft is connections arc accessible by the town. $, 1 custome failure to grant adequate orrqjgLt�-of -way shall be grounds for the town to refuse water utility service. �L 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 wate 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. CHAPTER 14 -4. CONSTRUCTION AND FINANCING OF ` °'Enemy FACILITIES 14 -4-1 Agreements to construct new facilities A. Approval of agreements to construct new facilities. The council may permit the construction of water facilities to provide wxter service in areas where no water or sewer service is available, or where existing water or sewer facilities are inadequat the prepased new ett9taffier9. L Agreements for construction of w ter , facilities shall provide that all costs be at the sole expense of the applicant for service, except as otherwise noted in the agreement. Regular Council Meeting - September 6, 2011 - Page 131 of 170 5 I I Costs shall include, but not be limited to, engineering and design fees, materials, labor, applicable taxes, permits and inspection fees. Facilities shall include, but anot , limited to_ the followine 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 developmen plans have been appre-eed by the fewn engineer and the direeter of fhe fown wftl-- .. e) appheatte's property. -1-7 Upon reqttest by ft patefttipA appheant for a ffiain emteftsian, the tawn water utility defailed piftng, 9peeifieations or east estifflates stgaR be required to deposit with the town an affiettat request, fneAte ffeai4able to ftpplieftot *ithin gi-ity days after reeeipt af the depasit referred to ift fhis, paragrftph, the , tawn aetual east of eenstruetieft is tnere than the ftiffiettnt a&ftfteed by the applieftfit, -3 . a , a. We ls_ num s_ storage tanks and reservoirs_ mains_ valves_ meters and other apourtenances to the water 5y51cm b. ,us Omer cguacciQa& cQUcctiou syste fift stations- treatmen facilities_ and other anurtenances to the sex er s3•s m C- Deseriptieft of requested sefviee, d , if any of fhe reqttested line , e , f, Pwymettt - termq; 4. 44te sime design, . ,1U aarcemcats f or h ons nu ion of utifity fa i ti s shall be subject o the final aj2l2roval of h o m it 5. , eeftsfrue6oft under &9 title sIq*h hft-t�e no right, ' - areement for the construction of utility facilities shall be submitted for approval by the council unless the en > neering,,,i2lans have been approved by the town e rg ineer and the udUes 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 contract The facilities wi4jW be constructed at the sole expense and cost of the applicant within P212IL streets, an-erittesalleys —d, Regular Council Meeting - September 6, 2011 - Page 132 of 170 6 rights -of -way fees wh eh are due to the ta---°-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 direetar of the town water ,tEili udLties director The construction of water facilities authorized and approved by the council willjhll 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 wat er facilities authorized by this section, the applicant shall execute and deliver to the own iliti s director of the town water tt6lity, ift depheate, the agreement for construction of facilities by private contract. If the agreement conforms to the provisions of this title, the townwafer tt� utili director may submit the agreement for approval to the council. 14 -4 -3 Capacity requirements A. Water or wastewater system capacity requirements. The director e` wftter tt6h� -may require an applicant to install "on site" or "off site" water andAor wastewater facilities of a size greater than is required to provide service to applicant's development; This �uirement 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 be- inst led-so as to provide water service to a property not participating in the construction cost - (referred a "non- participating property" � the town may enter into an agreement for partial refund of the cost of the wftter Ma:_ so :n: `aloe 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 fora term set forth in the agreement any balances remaining unpaid u£ on terminarion shall b eoii idered canceled, and the town shall be fully discharged from any further obligation under the agreement;. 3. ° Ttt no e ven t ,.hall t h e ...__ n b liftble t(3 pity ft"Nu interest shall accrue on any anieuft"e€ costs advanced by an applicant which are agreed to be refunded by the town. C. Oversizing recovery charge. council may, at its sole option, establish an "oversizing recovery charge" to be charged €c rOnortonatel to each subsequent connection by non - participating property owners made to or benefiting from the > > Regular Council Meeting - September 6, 2011 - Page 133 of 170 7 4 CHAPTER 14 -5. PROVtSrON OF UTILITY SERVICE RNA TAT! T U SION AND FEES 14-5 -4 A7 Wftter- .. town B, 44-5 -2 Fees iff w- 44 5 3 Apphemieft w4ess the ser-Aee area ineittsieft f�e has been paid ftnd the required infigrffiftfieft afid ftwharii!ed 44-5 -4 . Regular Council Meeting - September 6, 2011 - Page 134 of 170 8 sites, Witter utilky se t. An *ppheftnt for itteittsion into the wftter tttihty serviee area of the i zc£cz rii:crcrsivrr. '4 4 5 7 Dftta requested X4-5 -g ifteittsian does Rot eaftstitute 100 year water- ftdeqttfte pwftneflf of the se—e- —e- -telttqian fee sh*4 not be deemed as ft gttftr-ftf*y that the town hfts now or > ifteluding the ftpplieftnt property, Igursumtt . G!! !APT-ER 4 4 PROV78ION OF W - ATFD 7 T41 7TV SHRATT!`L"' 14 -6b -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 delivery or in a safe and efficient manner and in accordance with the rtAes af the Pima County Healt4t Departtnent, a licable federal, state- and local rules and regulations. The point of connection is the meter for water service and is where the house sewer connects to the sewer collection system for sewer service. 2. Safeguarding all tow - %" utility property installed in or on the customer's premises for the purpose of supplying prong utilith service to that customer, 3. Exercising all reasonable care to prevent loss or damage to town---r 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 replacement, 4. Payment of any equipment damage resulting from unauthorized breaking of seals, tampering or bypassing the town water -ft4lity meter„ 5. Notifying the town of an town water utility equipmen4; failure. 6. Paying all rates, charges and fees when due. B. Special 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 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 sen -ice. L 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 t)r-Q pertt 2. Nothing shall be dischamed into the sewer collection system which is prohibited by law- may lead to a sanitan° 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 I Disregard for this provision shall be sufficient cause for refusal or discontinuance of sewer sen by the town. Regular Council Meeting - September 6, 2011 - Page 135 of 170 9 I, 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 - 4 rely g l o the town's et pLovision of utility rights seettred to it by lw& or th�s service to the 14 -,5.-2 Payment of bills W*+erL ti�lity rates, charges or fees are due and payable to the town upon billing. An5> " rates, charges or fees not paid in full by the next billing date sh*4 requit ift are suhiect to a late charge in addi ion to the balance du in an amount established by a fee schedule adopted by the council and amended from time to tim in , diti ft to t h e L. ee du 14 -45 -3 Grounds for termination of service A. Water 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 town water utility department credit and deposit requirements; I 3. Failure of the customer to provide the town reasonable access to its wate utility equipment and property; 4. Failure of a customer to pay a delinquent bill for utility service. I 14 -65 -4 Nonpayment of delinquent bill; filing of lien; interest A. If any bill for aw*tef , ilia. 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 alien 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. 5 44 1201. I 14 -6d -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 -65 -6 Challenge of accuracy of bill A. The procedure by which a customer may challenge the accuracy of aw*teruW4 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 theme 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 o the meter 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 meterfetest, paid for by the customer, shall constitute a challenge to the accuracy of the wftte bill. 3. 3jm town shall send the customer a corrected bill and refund the cost of the meter re -read or meter test th etts ta_...... an d .- bih the eastoffief tLc12L . „ _either because the meter was misread or because a meter test shows that the meter oyer- calculated the volume by more than 3 % Customer shall have 20 days to pay the dehttquent bill whieh had beeft ehftl4eliged and it re 64 < carrec d hi 1 Regular Council Meeting - September 6, 2011 - Page 136 of 170 10 4. The ehft4enges of the fteettmey of water. hil4s, when the ehal4enge does not iftelttde a reqtteq� for a meter shah be effipowered relidertn a de r utilities director is authorized to neagnate a mediation process mutually acceptable to the utilities d irector and the customer. Th c customer 5h all deposit the full estimated cost of the mediation process with the utiliti es department. The mediation shall make a final determination of the valldiLy of the customer's challenge and whether the town should be mQuired to l or a portion of the cost of the mediation 12rocess 5. The customer'sWa*-r service shall not be terminated until the requested nieter re read ar ffieter retest has been eatidueted and the tneter has been fettod to Ree rate is `'•-a 'dd - 1Z the mediation rte 14 -6.� -7 Deposit requirement after termination If service is terminated due to nonpayment of a delinquentwitter bill, the town shall require payment in full of all amounts due and owing and payment of awater utility deposit as a condition of reestablishingservice. 14.6 -8 Termination without notice A. Vlftter tt6hty service to ot ettsEaffier may be terminated by the town without advance written notice under the following conditions: 1. eEsistence of an obvious hazard to the safety or health of the customer or the general population; 2. The town has evid of water meter tampering or fraud; 3. Uftftttther-iftd n of ma uthori d resale of water or utility services; 4. Fftiltiiea custome failure to comply with the curtailment procedures imposed by the council during rater supply shortages. 14 -61�-9 Service obligations of town A. Level of service. The town shall make reasonable efforts to s upply a satiq&etaty a tdULQIiL continuous level (3 service to its customers. B. Non - liability. The town shall not be responsible for an 'tire€ damage attributable to any interruption or discontinuation of service resulting fro aa• 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 condition or g 1gat not reasonawl within the con rol of he own_ includ without Linitation_ acts of public enerries_ insurrection_ civil disturbances_ riots_ epidemics_ landslides_ ligh� tnitlg -- ea�rtho subsidence_ fires_ storms_ droughts_ and floods. 2. Intentional service interruptions to make repairs or perform routine maintenance -. 3. ,Curtailment procedures imposed by the council during Mvat„ er 5MI2121Y shortages. 4-. C. Service interruptions. The town shall make reasonable efforts to reestablish service within the shortest possible time when service interruptions occur. I 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 agencies -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 leasttwenvr7fettf2A Regular Council Meeting - September 6, 2011 - Page 137 of 170 11 hours in advance of the scheduled day and the estimated duration of the service interruptio 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 water delivery pressure of 20 pounds per square inch gattge (PSIG) at the customer's meter or point of delivery esc t during water outages E. Construction standards. The town shall construct all facilities in accordance with the- , the town ftnd fttty other jurisdietieft with auther-ity aver the eafl9ti-defiaft aIl_ant)licable federal_ state and local laws and re tions 14 -65 -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- , -3 . At the request af a ettstamer-, the town 9haH re read the ett9tafneeg meter within ten war-Irzing dftys '^ withift ten warking days after the ettstaffiees reqttest. Meter tests ghftll be ehfirged to the ettstafner Ftt 44-6 43 Bil4ing Ftod eaRee6ott A-. Meter readitig. The tawtt shft4 h4l its ettstamers ffienthly 65r water serAees rendered. Meter rettdings shftH be sehedtAed for periods of not legs thaft -25 days or mare thftn 35 days. if the town ig 3, Fftilttre oft the paizt of the ettstaffier to eaffiply with a reitgaftable request by the town . B. . All u ; itv smice provided by the utilities d part_ment shall be billed: 1. nn the basis of metered water volume_ or 2. Cirettffistftnees, that ffiake it ditfigeraug ar itnpassilble , .., , • Bated on historic usage when a meter has malfunctioned or cannot he read for reasons beyond th e oven's control_ Each bill based on estimated usage will indicate that it is an estimated bill. . 14 -5 -i l BillinjZ and collection PA. Minimum bill information. Each bill for of utility service will contain the following minimum information: Regular Council Meeting - September 6, 2011 - Page 138 of 170 12 1. B111 d=_ 1 Date and meter reading at the start ofa billing period;, 2- LPrevious month's meter reading, Bill ttsage, 4. town Water ttfifify felerhafte Water volume used during the billing n� eri�d_ 5. t i i • department's email address and telephone number - 6 sere °eea----` -- --- __-:Customer's name and address. 7. Service account number and service address. & Amount due and due date;, $ -LPast due amount;, -9-. Other ehargeg and wtes (where *ppheabke�-. 1. Other ap charges an, d taxed CHAPTER 14-7-. ` °'° RI LRATES AND CHARGES 14-7-�-1 Monthly charges A. all be charred for - e" util ' &H be fnad °`senjces monthly � �, ty � 5 at rates designed tia r m r the ciat o s ,r d v lop and &Uycr utility services_ and all capital, operational and maintenance costs associated with or attributable to providing uuLn services plus applicable state er=j local sales - taxes. B. . 41-&- , Sen ice fees shall be established by a fee schedule adopted by the council and amended from time to time. 14-7-6-2 Installation charges A. There shall be an installation charge for all wjLtq service connection meter va , and sha4ie, established by a fee schedule adopted by the council and amended from time to time. E diameter ., .*v. `, ' , for ,.11: th - —fin the -- - - - - -- , rill applicable permit fees, right -of -way costs or unusual construction costs shall be added and paid for by the applicant at the time of application. I £L. 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. 6 retained ift ft separate and speeig fund and eteeattot to be used fiqr water sattree development to Regular Council Meeting - September 6, 2011 - Page 139 of 170 13 used to develop ffteilities to tpAe and treat G.A.P. water if it were to beeaffie a k-iahle alteffiati-fe far- far-h C.. T2 . These ftre estimated eharges for the simplest ty pe of D_ In addition to the tented installation fe _ thr aimlicant shall pay al actualeejt of installation illed-ots_- e€ ncurred due to Unusual site conditons_ such as pavement cutting, excessive length, rocky ground, or any other additional cost inflating factor , F, Installation of meters larger than two inches Uicallll� =Quire additional labor and equ' m n not covered by the base fee. These extra actual costs shall be charged to the customer_ L Mr ters lamer than two inches may bc ins e d by the customer's contractor pre-eidedif the work meets town standards and the contractor furnishes proof ofiu-contractor- lieensi ig's license and town business heensi tgLcense. All final inspections and approvals shall be made by Marana personnel. 14-:7�k-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 serviee est 'sent fee-TheAfter -hours new service establishment fee -is ter -hours new service establishment fee shall be charged for the cost of establishing the new customer service account 9 ft.tn. ftid 4!00 ., w after hours_ on weekends or on holidays. The amount of the fee shall be the actual labor and material costs incurred by the utiLties department to connect the nett senlce B. New serviee estabhshfne - fee, afte urw. T - es tablishment f af h _rs ours reconnect fee shall be charged for the cost ofestAl service iteeatin k after hours, on weekends or on holiday C. Reeertneet fee! The _eeaft nee« fee V L.,.,, be for the east of reestft bhqlti� « c. wftter serviee hits beeft terminated fer afty reason and requires 2 4 hattes, natiee. There wig be *n AditiatteA after hours reeann— is - delinquent bahmee due, �he dehaqtten� bahinee tntt9t he paid in &41 ef+)r-e sen wiJ4 be . Backflow n i E _ A ba flow nerrrL� it fee is charged to incoM orate information concerning a new backflow device into the utility deoartmenes database_ to track annual deelce testing. D. Backflow i2ermit replacement fee. A backflow oemit mWacepaeat f e is har l when a device fails and must be replaced rather than re aired. . F, Customer - requested meter r e read of - "e«en -read fee. A customer requested meter re -read fee shall he ebarged each time a customer requests that its meter he re -read_ This fee shall be refundakile if the meter is found not to be reading accurately, defined as an error of greater than 3 %. E_ Cheek r-eturned for iftsuffieient fta-additieftal fee epAetdftted at . Th�s fee shffll be added to a ettstOfnees water W4 if the 0 Regular Council Meeting - September 6, 2011 - Page 140 of 170 t4 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. , This fee shaR be added te) ft ettstaffierzs wftter bi14 if Ft" wftter rates, ehftMts or fees are flet paid ift fttH Delinauency. If there is a dchaulacnt balance due_ the delinquent balance must 1e paid in full befor° , °n i ° is r onn d. LL Llydraot meter relocation fee. The hydrant meter relocation fee is char ed each time a hydrant meter is relocated. L Lhdrant meter setup fee. The hydrant meter setup fee is the fee assessed on all hydrant meter installations. This fee i$ in addition to the securitide osit. .L Late i2a ment fee. A late payment fee shall be added to a customer's a ater bill if and t Ater rates- charges or fees are not paid in full by the nett billing date. Ne« service establishment fee. The new service establishment fee is for the cost of estabhshingtbe new customer service account during normal working hours, and requires 24 hours notice. No sen connections will be made after hours_ weekends or Lldau esce t in an em rjre cj situation as determined by the utilities d nartmenr_ L. Reconnect fee. The reconnect fee shall be for the cost of reestablishing service after it has been terminated for aa� reason and re &Hires 24 hours notice, check fee. A returned check fee shall be added to a customer's hill if the check for aid Juc to ins uffi i Qn funds, closed account or sro a , men t. A dditional fee calcul=d at 25% of the total outstanding balance shall be added to any bill sent to outside collections for payment. ice, Standj2ipe card replacement fee. The staudpipe card rel2lacement fee is the f .c t o rcj21aQc a randpipc card_ Standiioe setup feg, The standpipe setup fee is a new service fee for a stan4 p account 14E. Vacation service-44t6 A vacation service fee shall be the fee charQe� d for one disconnect when the customer leaves on vacation and one reconnect when the customer returns. fee 1 Hydrant fneter a Water modelin2 fee. A water modelima fee is charged to cover the town's cost to update the di stribution and ol2eration model to account for a development's 120table water and fire flog demands, CHAPTER 149: EMERGENCY WATER CONSERVATION RESPONSE 14 -42 -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 town. 14.42 -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. Regular Council Meeting - September 6, 2011 - Page 141 of 170 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. 1442 -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 14-42 -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 -82 -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 Fitt 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 dnartment f em-iro mental QualiT 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 Arizona department of environmental Q ua,ali 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. Upon die eessation a Me water emer=ncy s the condition or conditions giving rise to the water emergency end. The declaration terminating the emergency shall he ado t1 the a ency Stith iurisdiction over the emer ,ency;_ or if none_ upon majority vote of the council, or in the absence of a quorum, the mayor or the vice mayor - ' °" a....b t ___ te - ° -:e_ge _e, terminated Upon termination, the mandatory conservation measures shall no longer be in effect. 14 -42 -6 Mandatory emergency water conservation measures A. Upon declaration of a water emergency and notification to the public, the €e14E)Wir1 mandatory restrictions upon nonessential users set forth in the adopted drougl tt pretnaredness n1 and /or the following 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 these ftrefts irrigated with reelftimed water ef irriga ion water provided by an irrigation district for agricultural use is pral-tibited. If the town manager deems it appropriate, a schedule designating certain outdoor watering days may be implemented in place of the irrigation ban. Regular Council Meeting - September 6, 2011 - Page 142 of 170 16 2. Washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas I with water , except to alleviate immediate health or safety hazards, is prohibited. I 3. The outdoor use of any water -based play apparatu eaf ....eted to a rr_gs _ °_m_-_' s _ _ r__ is prohibited. 4. Operation of wetter eaeled spaee Ftftd equipment eeehfig systems belw& -5-. Restattrattfs and ether 69E)d gerviee esfabhshffients are prehibited from their The operation of outdoor misting systems used to cool public areas is prohibited. I -7-.5, The filling of swimming pools, fountains, spas, or other related exterior water features is prohibited. �fi. 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 -9Z -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. 1452 -8 Violation A. If there is any violation of this chapter, the water utility for which the emergency was declared sh 11 be responsible for havin ,L. Pl ace a written notice p6eed violation on the property where the violation occurred; and M " a duplicate rxfttled to -4te; Jjj person who is regularly billed for the service where the violation occurred; and -teat L A"- perso mmousible for the violation if known to the town or the water utility,-*4K"s-- B- The notice of violatio and jW L Urder that il h. violation be corrected, ceased, or abate withinsct4ra 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- C. this this ehapter shag Jae asse9sed Ft eiA! penalty af tia� less than $2 . The town or the water utility may disconnect the service where the violation occurred for failure to compl� with the order set forth in the notice of �7olation- D. Nothing in this section shall conflict with the rules and regulation and approved tariffs of the Arizona Carperfttien as they may apply to public service corporations furnishing water service within the town. 14 -4Z -9 Enforcement The town fnanager is ftutheri2ed ta designate town effipleyees or- efnplayees of wftter utility systeffis not owned by the town te ei4gree the provisions of this chapter Regular Council Meeting - September 6, 2011 - Page 143 of 170 17 shall be enforced b,, e�s of the water utility- that serves the i2ro_nerts m-here the violarion occurred CHAPTER 141 BACKFLOW PREVENTION AND CROSS - CONNECTION CONTROL 14 -9ti -1 l?erpeee A. To protect the public potable water supplY of fhe town munieil9fti water syste from the possibility of contamination or pollutio into the publie potable wftter supply systen-9. B. To promote the eliminationermd control of witteetions, actual or potential customer cross --- . C. To provide for a continuing program of cross - connection control 144B -2 Backflow prevention required A. An approved backflow prevention method r shall be utilized or installed at every waters s� tem service connection =d usage point the water ' when required by. annlican statestate and federal regWations B. The town shall determine the backfl(w prevention method based on the degree of hazard 14-9--3 1 lamard pet-ewial $-.z Definitions A. The degree 4 hft�ard patentiftl to the pttWie potable water supply mid systeffi frafn a 4- , ift the judgTnent of the town Cont amination- An impairment of the n uali • of the water which creates an a teal hazard i2 blic health thro ab b oisoninp or through the spread of disease by sexi ge_ industrial Uds_ waste_ cic— B_ Cross - connection: Ant uni2rotected actual or potential connecnon or structural arranUement between a public or a consumer's por.lble - arer system and any other source or s } through which it is possible to introduce into ant�oart of the potable system amused water_ industrial tluid_ aas_ or substance other than the intended notahle water with which the system is sullied. B - mass arra =meats_ iumner connections_ remm sections_ sty ivel or change -ox er de - ices and other temporary or permanent de through which or because of which backflo« can occur are considered to be cross - connections. L Direct cross-connection: A cross - connection which is subiect to both backsi hp onage and back_oressure. I Indirect cross - connection: A cross- connecrion -,t is -subject o backsi hp ona�ue only. C_ Degree of hazard: Either a pollutii anal 'non- health) or contamination (health) hazard_ derived from the e��aluation of conditions �t ithin a ststcm. D, Hazard - An actual or potential threat Nt cot ld damage public n ater utility infrastructure or negatively affect notable «ater nualin L Plums hazard: An internal or plumbing- type CroSS_ connection in a consumer's ootabl, e water system that May be either a polluti!a or a contamination = hazard. Plumbin-uj2e cross- connections can be located in manly Lynes of Regular Council Meeting - September 6, 2011 - Page 144 of 170 18 struct in 1 udingbartment houses_ hotels and commercial or industrial establishments- uch a connection- if permitted to exist- must be properly protected by an�a�t7lll�p e nRoe Qf backflow prevention fetked -3 14fti!ftrd: anj SI-stem hazard: An actual or potential threat whieh mfty eftttse2f severe ditffi eja= to the physical€aees ro r ; s of the public or the consumer's potable waters system or as pollution or contamination which ffm ld have a protractednega6weffect on the quality of the potable water in the system. 4 F„ Pollution: An impairment of the aualin of the water to a degree which does not create a hazard to the public health but which does adx and unreasonably affect the esthetic Qualities of such waters for domesric use_ 14 -4 -4 Backflow prevention methods -lice or devices A. A backflow prevention method shftH >tr device is any assembly or other means designed to g hat r r n s backflow. The following are+he recognized backflow prevention methods Lek -the town ffitti4eipftl wftter sy9tem may require under section 14s3ji-2 or 14s3j -5. 1. Air gap: of the pipe or ffttteet supplying patable water ta a tftnit, plumbing fixture or other deviee 1 s- separation between the free flowing is ha ge end of a potable water supply pipeline and an o en or non - pressure receivina vessel An approved air gap shall be at least double the diameter of the supply pipe e measured vertically above the overflow rim of the vessel and in no case less than one inch. 2. Reduced pressure principle assembly ( "RPA "):ati,&a assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valvet and at the same time below the first check valve. Thee shall include properly located resilient seared test cocks and tightly closing seared shut off valves leeated-at each end of the assembl 3. Double check valve assembly ( "DCVA "):atijn assembly composed of two independently acting, approved check valves, including tightly closing s hut e€f resiLient seared shutoff valves laeatedattagbed at each end of the assembly and fitted with properly located k9msilient seated test cocks_ This assembly shall only be used to 12rotect against a non- health hazard (i.e__ pollutant) 4. Double check - detector ek Y;94N-e - assembly C PDGN4 DCD -\ "): aA specially designed assembly composed of a line approved double check valve assembly with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall rel> si ter accurately for onl} very low rates of flow u12 to three jjallo rs per minute and shall show a registration for all rates of flow. This assemby shall only be used to l2rotect against a non - health hazard fr e_ pollutants. The DC - D_1 is nn . mall;- used on fire sprinkler systems. 5. Pressure vacuum breaker assembly ( "PVB "): ae-,�a 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 sea ed test cocks and tightly closing shut e€ € resilient seated shutoff valves attache at each end of the assembly This assem - is desime ru prurcct a -rwn�t t non - health hazard .e.- nollutantl or a health hazard (i.e -_ contaminant) under a hacksiphon ge cr,ndition only. B. -A utilities clirector may approve a backflow prevention method may be ftpigrEwed by the t! wafer sys�e not listed above if it has received the approval of theF-6ttndafioe €ef- G r - Os .. C -64a .....t:.._ General and u..d Re" e founlotion for cross connection control and hydraulic research of the University of Southern Californi ° -a, `o- ft9se . blie,. hits ft 1 Regular Council Meeting - September 6, 2011 - Page 145 of 170 19 14 -9a -5 Backflow prevention methods required A. sh*4 be deter-mifted by the , The activities listed below resmir. an RPA at ach s ai onn lion ;o t_eh 12otable water ays m: 1. Cooling tower, boiler, condenser, chiller, andQL other cooling . . RP 2. Tank, water vessel, receptacle, and a4= other water mehile ms connection without aLL approved air gap including a mobile unit (except emergency vehicles and private swimming pools).—RRA 3. IeeC' ommercial ire maker 4. Water cooled equipment, beesfers pen3ps or attt ...'..__ R n e 5. Wate ommercial or industrial water treatment &eihties ftfid ftHfacjLZLuL water processing equipment (other thfto residential water safteners) RP 6. Be 4e Commercial or industrial washer MI for hottles_ hednans garbage eats Washer. RP 7. PestieideCommercial or industrial esticide herbicide, fertilizer, andQj chemical appheaters ppi ao S. Aspirator R-P-A 9. Commercial -'dishwasher food processing and�or preparation equipment, carbonation equipment, or other food service Vr)LrQce=s 10. Decorative fountain, baptismal, or similar feature where water is exposed to atffiesp h it e t a a private residence) 11. X ray equipment, plating equipment, orb esker photographic processing equipment- 12. Auxiliary water supply and�or eettfteee to eriappreveda water supply Yd' ther than the l w r x s 's 13. R imed water a tstat er RPA4 4. Recreational vehicle dttffip stations, (sewer� station or any other location where potable water may be exposed to bacteria, viruses, or gas RRA 4-5 j1 Any premises oft whi ftl" chemicals, oils, solvents, pesticides, disinfectants, cleaning agents, acids or other pollutants and /or contaminants are handled in ft manner by whieh they may come in direct contact with potable water, or fhere is &, of the potenfiftl to eefltaet potable water (other than �, infrequent in he"t applications)�-RA 1 ` Any material or Wiping system not approved by the uni form umbing code or the environmental ° roe ion aacticy fijr potable water usage 16. . ranffiental tqratee6eft ageftey (EPA� &3r- patfthle water usage (for fire systems see seetiEw- A is saiha cress- connection that re quires internal hackflow umtecrign unda the uniform nlumbinp code 17. Ammon -site water system served by more than one mete 11 An;L structure having any Horton of the water distribution system located 34 feet or more above_ or three or more stories above_ where the notable water supply enters the structure 1E Any fire system falling within American water works association classes 3 through 6 B, The activities listed below require the followiniz sl2ecified method or methods of backflow prevention at each service connection to the potable water sXs m. Separately metered or unprotected irrigation systems and construction water services: RPA or PVB-t alleged. 4$ Regular Council Meeting - September 6, 2011 - Page 146 of 170 20 44, three stories or greater thaft 3 4 feet ift heig4it fir"m set-Aee level! R 240- Ur less etem tp ed h • and? i abl fire code_ a" fire shstem falling within American water works association classes 1 and 2 ffftd -all , jy� constructed of a piping material not approved for potable water pursuant to the UPC as adopted by the town: DCVA or DDC e fire systems elasses 4 fttid 2, the town's are e!tefnPf. 21- .. . ? 3, 1 here backflow protection is required onthe Rremis s on wining hoth industri I lda egtie n thitt i..'..........a an the and domestic service_ backflow protection shall he provided on the fire service Connection 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 required ta be tttih2ed or instaHed at each service connection. The order of most restrictive to least restrictive backflow prevention methods shall be as follows: 1. Air gap{ ester's t e 2. RPA 3. DCVA 4. PVB{ leas rest 14 -3$ -6 Backflow assembly installation requirements A. ' by the town-,Eagh backflow preventio n. '' assembly shall have a diameter at least equal to the diameter of the service connection. B. 44Ie backflow Prevention assembly shall be in an accessible location approved by the 4 water utilities del2artmeat, S F.ash RPA, PVB, and DCVA backflow prevention assemb4 - shall be installe at least 12 inchra above ground. E shall be instaged pftragel to atte ana�her at the serAee eaftneetion ta age.. water supply during testing of the bfteitfle D. n n a cQl * n o s wa r suimly is r aired_ two parallel backflow prevention assemhlies shall be installed at the sen=i a ruunrctmu n ai,Qid in ration of u >ater sulauly duri g hukfluly prevention assemhla es ing_ E. No person shall alter, modify, bypass or remove a backflow prevention assembly or method without the approval of the utilities department. 14 -3$ -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. Regular Council Meeting - September 6, 2011 - Page 147 of 170 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 or's DDCVAs in a vertical position on the riser may be allowed on fire systems with the 1 water system's approv of the u i i i s dir t r .) 14 -3$ -8 Inspections A customer's water system shall be available at all times during business 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 compliance with this chapter 3 14 -3$ -9 Permi Backtlow i2ermit required A. Installation: w�ts for �he of a4 haelet4ow pr required by t-h PAwftter Unless included as a component of a building nermit for construction_ a separate backtlowc permi shall be obtained from the 'e utilities department for the installation, __Qf each required backflow prevention assembly a be instftHed by this chanter including A_ replacemen ass, �mhl�- B. Notification: The person doitig dte pr , rform work authorized by the backflow permitteshall notify the , to he inspeeted ftnd shoA he giwn at-Ay if th beheve that the Wark done WiH ffieef up(; Util ities department at least 24 hours before the work is read to be inspected C. Stop arders! Regular Council Meeting - September 6, 2011 - Page 148 of 170 22 SttspenRioft us ensio or revocation: The , ; utilities department mac suspend or revoke a permit issued , in error or aft he bagig of iftearreet itif5rmft6an 9upplied, eff-in violation of any ordinance or regulation . 14 -1$ -10 Test; maintenance; records A. The customer shall test and service backflow prevention assemblies at least once a year. If the testing reveals�=the assemblyte -Deis, defective , the customer shall ' , ' ace_ or overha if the assembly to satisfactory operating condition. B. If the 1 Water syste nudhtics department or a customer learns or discovers during the between tests that an assembly is defectiv the customer shall rebair_ red ace_ or overha , 4 fteeeggary, wWeh wi14 retttr the assembly to satisfactory operating condition. C. The annual testing shall be performed by an individual certifie `a eandt--- the t__.:na by an . entity aoo� ro�1r the utilities department to test backflow prevention assemblies. The utiliides department will maintain and make a� ailable a pop Lgquest a list of individuals certified to test backtow j revention assemblies D. The customer shall maintain record on forffis b� the town ffittftieip*1 water of all test results and all servicing, repairs, overhauls or replacements of the backflow prevention assembly. 711y records shall be maintained on f rms aj2Prrn ed by the utilities debarment 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 -1$ -11 Modification of backflow prevention requirements The utilities department ma , modi , there luirements of section 1.1 -8-5 if both of the follo�cins� of the customer's system indi s that a backflow prevention method less restrictive than tkxt- required in section 14 -3$ -,5 will provide adequate protection of the public potable water supply from the degree of hazard potential by the customer's water syste y, ett its sale ., B_ JhC less restrictive method is sup be industry best mama m n t practices 14- 3$_ -12 Discontinuance of water service A. If a required backflow prevention method is not installed or i has been ' , bypassed or removed, ortkat -an unprotected cross - connection exists in the customer's water system, the water service to that service connection shall be disconnecte if the s if ft h i flat ...._ e di a The utilizes department shall take reasonable steps to notiL the customer before_ and if unable to do so_ after the disconnection The service shall not be restored until the condition is mod- corrected. I B - Regular Council Meeting - September 6, 2011 - Page 149 of 170 23 G. frier to ui, water e d tte f a ..a:6ett s e t for : 9 -.6.. eet i at e a h w . shfA be seiit 30 d*ys after the ii-iitiftl ifispeetiati date sfatitig that water sefviee -*ill be diseatifteeted If a required bachflow prevention method is not c perly tested or maintained the uti>i a department sh U isSU a nu&r to rhr rutrr�m •r r yuidmL- the condition to be corrected witbin the time specified in the noCce_ which sbaU be nr)t less than seven days. If not corrected « the time specified in the notice_ water sen shall be disconnected. The service shall not be restored until the condition is corrected . C'. Water senjee to a fire sprinkler n(-)t hc_ disconnected unless a cross - connection exists and presents an imminent threat to the mi lic potable Nvater ,mmh. 14 -4a -13 s -A,. The ftppheftnt shall file a written appeft! oft the ff)r-ffis pre-vided by the water B, The appeal wi4l be heard by the hearifig eaffiffiittee withitl teft days, at a tiffie 9peeified by-die- , dir-eetet: D 14 A- D Regular Council Meeting - September 6, 2011 - Page 150 of 170 24 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- 11J461A 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 144&2, VIOLATIONS 14444 hi",*66et32j- Un installation and repair prohibited sh all be connected only l-- b authorized town employees or agent . It is unlawful for any person to' eon_nect to or repair any town udhty servic , or 14-4-42-2 Turning on water without authority rohihited It is unlawful for any , --ttse the prefnises to be supplied with wftfer or f;gr ftny per-soft to Frid ar fthef that unauthorized person to connect to the town water utility a water service that the nrilitiPs department has disconnected 1444) -3 £segwxterE-3 Excessive water flow or ranoff pro ibi d Ne per-gaft shftH ftHaw water te e4eftpe ftafn his or her premises upon publie property, stteh fts , �L Watering or irrig dtin ate} lawn_ landscape or other veg,rtated aMa in a mann r Lbat caUjg or allows water to flow or mnoff onto an adjoiting sidewalk_ drives =.a street ak gutter or ditch is D- Ourfilling of a swimming i2ool or stna so that overflow water is discha=d_onto a_n a& ins sidoull.__ driveway_ stmet. all -. garter or ditch is omh� ihited. 14 -18 -2-4 Interference, tampering with ilia facilities No person shall open er elese afty fire hydrant or- stapeaelt eeftneeted with the Wftter- s of the f6wo, of hf+ ar refflove the etwers of afty gate _i_ „t_ a ff without a permit from the direeter of the town woer tttAitrALtilities de a m n or in violation ofconditions-o€ a-per -mi , except eftse --`fire, and the under the fire denarrm .._.. 4c n 's direction acne t#e duLjag = a fir d epet . ----- - �L Qi2m or close an %- hr i•drant or valve connected to the tow Ewa er s� °s m_ L .if or rgmuyc a" valve_ shutoff cover_ or manhole lid. Tay into the town water distribution system or wastewater c0flection s�-s, te�m_ D Otherwise remove water from the town water udlitn; ' t m L Otherwise discha" into _the town wastewater collections sy tem- 14482 -5 Damaging defacing facilities It is unlawful for any person to destroy, deface, impair, iff�dre oi-�Ip force open any gate, door, reservoir, building, storage tank _ manhole_ treatment faciliL station_ fence_ fixture_ or other property appertaining to town u rilitics . 144$2 -6 Penalties A. Any violation of this title shall be a civil offense punishable by a fine of not more than $250. shall be in addition to am oth r amailablc mmcdy. _ Each day a violation continues shat be -- id j a separate offense. (114APTER 1 4 4 4 r Regular Council Meeting - September 6, 2011 - Page 151 of 170 25 4 4- 4 2 Befer-e afty PrapaseFl QFAP#A4WF#qf: f:(3 this tide ffifty be eE)iisidered by the ee)ttfieil, the eattfleil shftll hold to the ettstatners at leftst 15 dayg prior to the heftrittg. jI Under apir ;tances a violation of this title mam also be timsecuted and r h nubli hCalth s grin= and bioterrorism �renaredness and runonse act of 2002. Regular Council Meeting - September 6, 2011 - Page 152 of 170 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: Deletien II - t i 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 Regular Council Meeting - September 6, 2011 - Page 153 of 170 27 A A . 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, September 6, 2011, 7:00:00 PM To: Mayor and Council Item A 3 From: Tom Ellis , Parks and Recreation Director Strategic Plan Focus Area: Recreation Strategic Plan Focus Area - Additional Information: An action strategy associated with the focus area "Recreation Capital of Arizona" is to "continue development of the shared -use path along the Santa Cruz River." Subject: Resolution No. 2011 -89: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the design and construction of two bridges along the Santa Cruz River behind Continental Ranch Discussion: As part of the 2004 Pima County Special Bond Election, Pima County and Marana entered into an IGA (County Contract No. 01-59-M-138118-0606) to construct the Santa Cruz linear park and Rattlesnake Park project. This is the linear park along the Santa Cruz River behind Crossroads at Silverbell Park. At the completion of the project, $85,490 remained unspent. The Town of Marana is moving forward with the design and construction to connect the section of Santa Cruz Shared -Use Path between Cortaro Road and Wade McLean Park at Coyote Trails Elementary School. Pima County is willing to provide the remaining bond funds and additional funds, up to a total of $200,000, to Marana for construction of two bridges to cross drainage channels as required by the path project. An intergovernmental agreement between Pima County and the Town of Marana is required for the funds to be available. The intergovernmental agreement is similar to those agreements entered into by Pima County and Marana for past and on -going projects. Under the IGA, Marana will advertise, award, execute and administer the design and construction contracts for the project and operate and maintain the project as part of a public shared -use path for at least 25 years. Pima County will reimburse Marana. an amount not exceeding $200,000 for project expenses, not including Marana's administrative costs, not reimbursed from other sources. Financial Impact: This intergovernmental agreement, should it be approved, will fund up to $200,000 of the cost related to the bridge element of this project. The overall cost of this project is included within the FY2012 CIP funding plan at a cost $1.4 million with an estimated annual operating cost of Regular Council Meeting - September 6, 2011 - Page 154 of 170 $7,000. Project costs not covered by this agreement will be paid through a combination of Pima County Bonds and park impact fees. ATTACHMENTS: Name: Description: Type: D Resolution IGA b..ridges on Santa Cruz (0002.7737).DOC Resolution Resolution O IGA with Pima Co. _re. _Santa Cruz bridges (00027.5.42).DOC IGA Exhibit ❑ IGA Exhibit A.pdf Exhibit A - locator map Exhibit Staff Recommendation: Staff recommends the approval of the intergovernmental agreement between Pima County and the Town of Marana for the design and construction of two bridges along the Santa Cruz River behind Continental Ranch. Suggested Motion: I move to adopt Resolution No. 2011 -89, approving and authorizing the Mayor to execute the IGA with Pima County for the design and construction of two bridges along the Santa Cruz River behind Continental Ranch. Regular Council Meeting - September 6, 2011 - Page 155 of 170 MARANA RESOLUTION NO. 2011-89 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF TWO BRIDGES ALONG THE SANTA CRUZ RIVER BEHIND CONTINENTAL RANCH WHEREAS Recreation is identified as one of the five focus areas of the Marana Strategic Plan, adopted by the Town Council in February 2009 and revised in December 2009; and WHEREAS the Recreation focus area includes an action strategy to continue development of the shared -use path along the Santa Cruz River; and WHEREAS the Town Council finds that approval of the intergovernmental agreement with Pima County for the design and construction of two bridges along the Santa Cruz River as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement (IGA) between Pima County and the Town of Marana for the design and construction of two bridges along the Santa Cruz River behind Conti- nental Ranch, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned IGA. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA- RANA, ARIZONA, this 6 day of September, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - September 6, 2011 - Page 156 of 170 (00027737.DOC /} Intergovernmental Agreement between Pima County and the Town of Marana for Design and Construction of Two Bridges along Santa Cruz River, behind Continental Ranch RqMftraVnj.i1AjTting - September 6, 2011 - Page 157 of 170 1 Of 12 Intergovernmental Agreement between Pima County and the Town of Marana To Design and Construct Two Bridges along the Santa Cruz River within the Town of Marana This Agreement is entered into by and between Pima County, a body politic and corporate of the State of Arizona ("County" ) and the Town of Marana ( " Marana "), an Arizona municipal corporation, pursuant to Arizona Revised Statutes (A.R.S.) Section 11 -952. County and Marana are sometimes collectively referred to as the Parties Recitals A. County and Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11 -952. B. A Special Bond Election was held in Pima County on May 18, 2004 in which the citizens of Pima County voted to approve the issuance of Pima County General Obligation Bonds to fund various public projects. • C. Pima County Ordinance No. 2004 -18, as subsequently amended (the " Bond Ordinance "), lists, as an approved 2004 bond- funded project, the construction of bank protection and a linear park with a shared use path, landscaping and other amenities, along 4.1 miles of the Santa Cruz River, from the Yuma Mine Wash, south of Cortaro Road, to the El Rio Neighborhood Park (see Bond Ordinance Section VILE.I.D(5.9)) ( " Project 5.9 '). D. County and Marana previously entered into an IGA (County Contract No. 01-59-M- 138118- 0606) pursuant to which the County provided this bond funding to Marana for Project 5.9, which has since been completed. $85,490 in County 2004 bond proceeds allocated to Project 5.9 remains available and unexpended (the " Remaining Bond Funds "). E. Marana now plans to construct a multi -use path connecting to the linear park trail, located on the west bank of the Santa Cruz River in Continental Ranch which will include two bridges that are estimated to cost $345,000 each. The County is willing to provide the Remaining Bond Funds and additional funds, up to a total of $200,000 (the " Allocated Maximum Amount ") to Marana for construction of the two bridges (the " Project "). F. Projects constructed in whole or in part with bond proceeds are subject to the guidelines for bonding disclosure, accountability and implementation of County bond projects in other jurisdictions contained in Pima County Code Chapter 3.06 and in the Bond Ordinance. The parties acknowledge that using the Remaining Bond Funds means that the description of Project 5.9 in the Bond Ordinance must be amended to include the Project. R r �n,piIATT ing - September 6, 2011 - Page 158 of 170 2of12 G. Marana will advertise, award, execute and administer the design and construction contracts for the Project and shall, after completion of the Project, operate and maintain it as part of a public multi -use path for at least twenty -five years. H. County will reimburse Marana, in an amount not to exceed the Allocated Maximum Amount, for actual, documented Project- related expenses (other than Marana's administrative costs) not reimbursed from other funding sources. Agreement NOW THEREFORE, County and Marana, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address legal and administrative matters among the parties. 2. Project. The Project consists of the design and construction of the Project as described below: The fabrication and installation of two bridges across drainage culverts along the Santa Cruz River adjacent to the Continental Ranch subdivision, as depicted as "Bridge Crossing 1" and "Bridge Crossing 2" on Exhibit A attached hereto and incorporated herein by this reference. 3. Bond Ordinance. The County will include an amendment to the description of Project 5.9 in the Bond Ordinance amendments to be considered by the Pima County Board of Supervisors in the fall of 2011. Marana acknowledges that no bond funds can be expended for the Project until the Bond Ordinance is amended. 4. Design and Construction Responsibilities. Marana will design and construct the Project in accordance with the plans and specifications cooperatively reviewed and approved by the parties, as described below. a. Standards. Marana shall design and construct the Project in compliance with all applicable building standards and codes, in compliance with Title 34 of the Arizona Revised Statutes, and in a good and workmanlike manner. b. Environmental Compliance. Marana shall prepare and incorporate into the planning, design, and construction of the Project, responses to all applicable local, state and federal environmental requirements, including but not limited to hydrologic and geotechnical investigations, compliance with the Pima County Native Plant Preservation Ordinance, protection of species identified by the Arizona Game & Fish Department and the U.S. Department of Fish and Wildlife Service as being endangered, threatened, or of concern (such as the cactus ferruginous pygmy -owl), and compliance with the National Pollution Discharge Elimination System (including preparation of a Storm Water Pollution Prevention Plan). R%MfaVr! it jggting - September 6, 2011 - Page 159 of 170 3 of 12 c. Cultural Resources. Marana shall consider potential impacts to cultural and historical resources in the Project planning and design phases through inventory, evaluation and impact assessment, and seek to avoid impacts to these resources in accordance with applicable local, state, and federal historic preservation laws and regulations. If impacts are unavoidable, a mitigation treatment plan will be prepared in consultation with Pima County, the State Historic Preservation Office, and other agencies as appropriate, and implemented prior to construction. 5. Project Schedule. Marana shall be responsible for preparing a project schedule (the " Project Schedule ") showing the anticipated timing and duration of each stage of design, procurement, and construction. A preliminary Project Schedule shall be provided by Marana to County within thirty days after recordation of this Agreement, and shall be updated periodically as the Project progresses. Marana shall promptly notify the County at any time that Marana becomes aware of a potential Project delay that may require amendment of the Project Schedule. In the event of any such delay, County and Marana shall establish a revised Project Schedule. The County may, in response to an actual or anticipated delay in the Project, reallocate available bond funds, suspend payments under this Agreement for some period of time, or terminate this Agreement, as provided in Sections 23 and 24.b.iii below. 6. Design. a. Consultants. If consultants are employed to design any portion of the Project, Marana shall prepare the contracts for design and choose the consultants. Marana shall have the usual rights of the owner of a public design contract, including the authority to approve changes and make payments, subject to coordination with the County, as described below. b. Design Standards and Features; Cooperation. County and Marana shall meet to coordinate design standards (meaning the applicable codes and industry standards that apply to the Project) and design features (meaning the elements to be included in the Project) prior to the preparation of final plans and specifications. 7. Review of Bids; Termination. Marana shall solicit bids, and award construction contracts in compliance with Title 34 of the Arizona Revised Statutes. a. County Review. Marana shall provide County the opportunity to review and comment on the solicitations for all contracts related to bridge design or construction for the Project, including relevant scopes of work, prior to the issuance of such solicitations by Marana. Time for such review shall be included in the Project Schedule. b. Bids in Excess of Available Funds. If the lowest responsible bid exceeds the available funds for the Project, the parties shall conduct a joint review of the bids immediately following opening and consult upon a course of action. The parties may terminate this agreement by mutual consent. If the parties agree to continue with the Project at the higher cost, the Bond Ordinance and this Agreement will need to be amended. c. Division of Costs. If, upon joint review of the bids, the parties elect to not proceed with the Project and this Agreement is terminated by mutual consent (whether pursuant to paragraph (a) above, or otherwise), the costs incurred prior to such termination shall be allocated to Marana. County is responsible only for the fabrication and installation costs for the two bridges up to the maximum contribution of $200,000. RftrVn,pilidggting - September 6, 2011 - Page 160 of 170 4of12 8. Construction. Marana shall administer the construction contracts for the Project in accordance with the requirements of Title 34, and in accordance with the Project Schedule. Marana shall have the usual rights of the owner of a public construction contract. a. Signage. County shall have the right to install signage at the construction site in a location of its choosing, provided that the sign does not interfere with the construction, announcing that the Project is a County bond - funded project, and listing the names of the members of the Board of Supervisors. 9. Utility Relocations. Marana shall coordinate all utility relocations for the Project. 10. Rights of Way and Construction Easements. Marana shall acquire, either by purchase or through its power of eminent domain, all rights of way and construction easements necessary for the Project. 11. Project Permits. Marana shall obtain any approval, permission or permits necessary for the Project. Each party shall cooperate with the other to obtain all permits necessary for completion of the Project and shall waive any of its fees associated with the permits. 12. Public Participation. Marana shall coordinate all publicity or public participation activities with County and shall coordinate all public meetings on the Project in compliance with the Pima County Board of Supervisors Policy 3.5, Notification to Board of Supervisors of Public Meetings to be Held in their District and Pima County Administrative Procedure 3.8, Implementation of Pima County Policy 3.5, copies of which are available on the County's website. 13. County Contribution. Marana shall acknowledge the County's contribution to the Project in a manner approved by County. Examples of acceptable forms of recognition include, but are not limited to, signs, permanent plaques, and participation in or recognition at opening ceremonies and in press releases. 14. Project Manager and Representatives. Marana shall designate a Project Manager for the Project and County shall designate a representative (the " County Liaison ") to be a liaison with the Project Manager during construction of the Project. 15. Disputes. In the event the Project Manager and County Liaison disagree on any aspect of the Project, the issue in dispute shall be submitted to the County Administrator and the Marana Town Manager for resolution. 16. Financing of the Project. County shall reimburse Marana for Project expenses (which shall not include Marana's administrative costs), in the manner set forth herein, up to the Maximum Allocated Amount. No County bond funds in excess of the amount set forth herein and in the Bond Ordinance may be expended for the Project without the prior amendment of the Bond Ordinance and this Agreement by the Board of Supervisors. Marana shall pay all costs of the Project in excess of the Allocated Maximum Amount. In addition, Marana shall not be reimbursed for expenses that are legally the responsibility of a third party (such as the cost of utility relocations that should be borne by the utility). It shall be the responsibility of Marana to arrange for those costs to be paid or borne by the third parry in a timely manner, or Marana shall pay those costs Re%?,ra�r! it Jdggting - September 6, 2011 - Page 161 of 170 5 of 12 17. Reporting and Payment Responsibilities. a. Reimbursement Requests. Within 10 days of the end of each month, starting on the date indicated in the Project Schedule, Marana shall submit to County a Reimbursement Request, together with supporting documentation, in accordance with the Project Schedule, for Project expenses paid by Marana since the last Reimbursement Request. As Project Manager, Marana shall be responsible for verifying the accuracy of all invoices submitted by contractors, and shall, as part of its Reimbursement Requests, certify that said invoices have been paid by Marana (less any retention held by Marana) prior to requesting reimbursement from the County. b. Payment of Reimbursement Requests. County shall review each monthly Reimbursement Request and, if County does not approve the request, County shall notify Marana in writing of its disapproval,and the reason for it, within seven (7) days after receipt of the Reimbursement Request. If County does not disapprove the Reimbursement Request, County shall pay the Reimbursement Request within twenty -one (2 1) days after receipt of the Reimbursement Request (except as set forth below with respect to the final accounting and payment). C. Submittal of Reports. All Reimbursement Requests shall be submitted to: Pima County Project Management Office Attn: Do b Lutgendrf, Program Manager N. 201 Stone Avenue, 2 nd Floor Tucson, Arizona 85701 d. Final Report & Accounting. Within ninety (90) days after completion and final acceptance of the Project by Marana, Marana shall submit to County: (1) a final report describing the Project as constructed and summarizing its history (i.e., who designed, who constructed, funding sources, description of public participation, purpose and public benefit of the Project, etc.), along with photographs and final as built drawings; and (2) a detailed final accounting statement of the funds expended on the Project, along with a final Reimbursement Request if needed. County shall have fifteen (15) days after receipt of this final accounting to disapprove the Reimbursement Request. If County does not disapprove the Reimbursement Request, it shall pay the request within forty-five (45) days of receipt. e. Transaction privilege tax. Marana agrees that any transaction privilege and use taxes levied by Marana on the Project shall be contributed to the Project as a portion of Marana's share of the costs of the Project. Marana shall provide an accounting to County of the total amount of transaction privilege and use taxes collected by Marana and contributed to the Project. 18. Regulation of the Project during Construction. Marana shall have responsibility for and control over the Project during construction. 19. Inspection. County may inspect the Project for substantial compliance with drawings and specifications. Marana shall allow official County representatives reasonable access to the Project site during construction. The Project Manager and County Liaison will cooperate and consult with each other during Project construction. 20. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in Marana. Marana hereby agrees not to dispose of or encumber its title or other interest in the Project improvements for a period of twenty -five (25) years following the date the Project is completed. This Section Rgl#ftraVn!Fi1 - September 6, 2011 - Page 162 of 170 6of12 shall survive termination, cancellation, expiration or revocation, whether in whole or in part, of this Agreement. 21. Operation. For at least twenty -five years following completion of the Project, Marana shall: (1) operate and maintain the Project improvements for the purposes set forth in the description of the Project in the Bond Ordinance for the benefit of the public; (2) insure the Project improvements (through either direct or self - insurance coverage); (3) maintain, repair and if necessary replace the Project improvements; (4) make the Project improvements available to all the residents of Pima County without restriction or preference to jurisdiction of residence; and (4) not charge a fee for use of the Project improvements that is more than a fee charged by the County for a similar purpose. This Section shall survive termination, cancellation, expiration or revocation, whether in whole or in part, of this Agreement. 22. Amendment of the Bond Ordinance. Marana shall notify the County of any events that would require an amendment of the Bond Ordinance, and shall formally request that the County Board of Supervisors hold a public hearing on the requested amendment. The parties shall follow the procedures for amendment of the Bond Ordinance set forth in Chapter 3.06 of the Pima County, Code, as it may be amended or renumbered from time to time. 23. Federal Treasury Regulations. Marana acknowledges that Pima County manages the expenditures of bond proceeds in order to qualify for a spending exception to the arbitrage rebate requirements of Sections 148 through 150 of the Internal Revenue Code of 1986 and the related regulations found in 26 CFR Part 1, §§ 1.148 through 1.150 as may be modified from time to time (such statutes and regulations hereinafter referred to as the "Tax Exempt Bond Rules "). Marana acknowledges that arbitrage rebate is affected by both the use of bond proceeds and by the timing of bond related expenditures. Notwithstanding any other provision of this Agreement, County may, in County's sole discretion, either (i) reallocate Project funds to other projects funded with County bonds, or (ii) terminate this Agreement as set forth in Paragraph 24(b)(iii) below, if, in County's sole determination, such reallocation or termination is necessary or advantageous to the County under the Tax Exempt Bond Rules either (a) to qualify for a spending exception to the arbitrage rebate requirements, or (b) to reduce the amount of any potential arbitrage rebate or penalty, or (c) to manage the County's bond proceeds. 24. Term and Termination. a. Term. The term of this Agreement shall begin on the date this Agreement is recorded with the Pima County Recorder, and shall end on the date that is twenty -five (25) years after completion and acceptance of the Project. The term of this Agreement may be extended by action of the parties. b. Termination. This Agreement may be earlier terminated under the following circumstances: i. For Cause A party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty -five (45) days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. R?,rVn - September 6, 2011 - Page 163 of 170 7of12 ii. Conflict of Interest. This Agreement can be terminated for a conflict of interest as set forth in A.R.S. § 38 -511, the relevant portions of which are hereby incorporated by reference. iii. Arbitrage Rebate Requirements. The County reserves the right to cease payments to Marana and unilaterally terminate this Agreement if County determines, in County's sole discretion, that any action or inaction on the part of Marana is likely to occur that would adversely affect the election made by the County under the Tax Exempt Bond Rules relating to exceptions for arbitrage rebate. C. Legal Authority. Neither party warrants to the other its legal authority to enter into this Agreement. If a court, at the request of a third person, should declare that either party lacks authority to enter into this Agreement, or any part of it, then the Agreement, or parts of it affected by such order, shall be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. d. Ownership of Project upon Termination. Any termination of this Agreement shall not relieve any party from liabilities or costs already incurred under this Agreement, nor affect any ownership of the Project constructed pursuant to this Agreement. 25. Indemnification. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. a. Preexisting conditions. To the fullest extent permitted by law, Marana shall indemnify, defend and hold County, its boards, officers, departments, employees and agents, harmless from and against any claims and damages, as fully set out above, resulting from or arising out of the existence of any substance, material or waste, regulated pursuant to federal, state or local environmental laws, regulations or ordinances, that is present on, in or below or originated from property owned or controlled by the Marana prior to the execution of this Agreement. b. Notice. Each party shall notify the other in writing within thirty (30) days of the receipt of any claim, demand, suit or judgment against the receiving party for which the receiving party intends to invoke the provisions of this Section. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Section. C. Negligence of indemnified party. The obligations under this Article shall not extend to the negligence of the indemnified party, its agents or employees. d. Survival of termination This Article shall survive the termination, cancellation, expiration or revocation, whether in whole or in part, of this Agreement. RqMfjraVny,11 - September 6, 2011 - Page 164 of 170 8of12 26. Insurance. When requested, a party shall provide the other party with proof of its worker's compensation, automobile, accident, property damage, and liability coverage or program of self - insurance. 27. Book and Records. Marana shall keep and maintain proper and complete books, records and accounts of the Project. For bond purposes, the Project books and records must continue to be maintained for a period of nineteen (19) years after execution of this IGA. Marana shall have the option of maintaining either, (i) the Project books and records for the requisite number of years, or (ii) conveying the Project books and records to County at any time after the Project is completed. The books, records and accounts of the Project shall be available for inspection and audit by duly authorized representatives of County at all reasonable times during the period in which said books, records and accounts are maintained by Marana. Unless Marana conveys all Project books and records to County, Marana shall indemnify and hold the County harmless from and against any amount required to be paid to the Internal Revenue Service or any governmental entity or agency arising out of the failure by Marana to maintain such records. 28. Inspection and Audit. The County may perform an inspection of the Project or an audit of Marana's books and records at any time in order to verify that monies spent on the Project were done so in accordance with this Agreement. 29. Construction of Agreement. a. Entire Agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. This agreement shall not be modified, amended, altered or changed except by written agreement signed by the parties. C. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals hereof d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision, or application, and to this extent, the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 30. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of County or Marana. 31. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer - employee relationship between County and any Marana employees, or between Marana and any County employees. No party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the ReMftraVn!Fil Jdggting September 6, 2011 - Page 165 of 170 9of12 other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 32. No Third Party Beneficiaries. Nothing in this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement, or affect the legal liability of any party to this Agreement, by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 33. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti - Discrimination. Marana agrees to comply with all provisions and requirements of Arizona Executive Order 2009 -09, which supersedes Executive Order 99 -4 and amends Executive Order 75 -5, and which is hereby incorporated into this IGA as if set forth in full herein. The Order may be viewed and downloaded at the Governor of the State of Arizona's website liU: / /wNN.w.azgovernor.€;ov /dins /Lipload/EO 2009 09&d During the performance of this IGA, Marana shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. c. Compliance with Bond Requirements. Marana agrees to comply with all applicable provisions of Pima County Code Chapter 3.06, "Bonding Disclosure, Accountability, and Implementation" and of the Bond Ordinance, as they now exist or may hereafter be amended. Any reports to be submitted by Marana to County in compliance with Pima County Code Chapter 3.06 or the Bond Ordinance shall be provided in a format and schedule determined by County. 34. Scrutinized Business Operations. Pursuant to A.R.S. §§ 35- 391.06 and 35- 393.06 Marana hereby certifies that it does not have scrutinized business operations in Iran or Sudan. The submission of a false certification may result in action up to and including termination of this Agreement. 35. Immigration Laws. Marana hereby warrants that it will at all times during the term of this Contract comply with all federal immigration laws applicable to Marana's employment of its employees, and with the requirements of A.R.S. § 23 -214 (A) (together the " State and Federal Immigration Laws "). Marana shall further ensure that each contractor who performs any work for Marana under this contract likewise complies with the State and Federal Immigration Laws. 36. Waiver. Waiver by any party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 37. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather ReMftr figjn l ting - September 6, 2011 -Page 166 of 170 10 Of 12 conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non - action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 38. Notification. All notices or demands upon any party to this agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: 39. Remedies. Any party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. In Witness Whereof, County has caused this Agreement to be executed by the Chair of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and the Town of Marana has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. ATTEST: TOWN OF MARANA: Town Clerk Ed Honea, Mayor ATTEST: PIMA COUNTY: Lori Godoshian Ramon O. Valadez, Chairman Clerk of the Board Board of Supervisors APPROVED AS TO CONTENT: APPROVED AS TO FINANCE PROVISIONS: Gilbert Davidson, Town Manager Tom Burke, Finance Director RqMftrj;Nnjil jdggting - September 6, 2011 - Page 167 of 170 11 Of 12 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11 -952 by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party represented by the him/her. Pima County: Deputy County Attorney Date Town of Marana: Deputy Town Attorney Date RqMftra�ryAI jdTTting - September 6, 2011 - Page 168 of 170 12 Of 1 2 i a t: k r G cu CN co _ u m CD X N * { w i ¢ . 2 t. L (a a * L cu c �r , cc cu � a L r n m v r ro 4 tm a� d' M A - 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, September 6, 2011, 7:00:00 PM To: Mayor and Council Item D 1 From: Gilbert Davidson , Town Manager Strategic Plan Focus Area: Not Applicable Subject: Legislative /Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative /intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. 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