HomeMy WebLinkAboutOrdinance 2012.04 Relating to a special electionMARANA ORDINANCE NO. 2012.04
RELATING TO ELECTIONS; AUTHORIZING A SPECIAL TOWN OF MARANA ELECTION
ON NOVEMBER 6, 2012 FOR THE PURPOSE OF VOTING UPON WHETHER THE TOWN OF
MARANA SHALL BE AUTHORIZED TO ACQUIRE THE MARANA WASTEWATER
RECLAMATION FACILITY AND THE WASTEWATER FACILITTES, SETBACK AREAS,
ACCESS RIGHTS, AND CURRENT AND FUTURE SERVICE AREA CONNECTED TO OR
ASSOCIATED WITH IT.
WHEREAS the Arizona Court of Appeals issued a June 14, 2012 decision in the case Town
ofMarana v. Pima County finding that the Town of Marana's 1988 election to authorize the Town of
Marana to construct, purchase, acquire, lease, own and operate a municipal wastewater and sewer
system was too general and unspecific to satisfy the voter authorization requirement of A.R.S.
§ 9-514 (A) to authorize the acquisition of the Marana Wastewater Reclamation Facility and the
wastewater facilities, setback areas, access rights, and current and future service area connected to or
associated with it; and
WHEREAS the Town Council of the Town of Marana finds that acquisition of the Marana
Wastewater Reclamation Facility and the wastewater facilities, setback areas, access rights, and cur-
rent and future service area connected to or associated with it is a critical element of the Town's fu-
ture water resource portfolio; and
WHEREAS regular Town of Marana primary and general elections are held in March and
May of odd-numbered years, so a Town of Marana election on any other consolidated election date
authorized by A.R.S. § 16-204 (B) is considered a special Town of Marana election; and
WHEREAS A.R.S. § 9-514 (A), MaranaTown Code Section 2-2-6 (A), andthe generallaws
of the State of Arizona authorize the Town Council of the Town of Marana to place measures on the
ballot of a special election; and
WHEREAS the Town Council of the Town of Marana finds that placement of this measure
on the November 6, 2012 ballot is in the best interests of the Town and its residents and businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The following question shall be submitted to the voters of the Town of Marana
at a special Town of Marana election to be held on November 6, 2012:
Shall the Town of Marana be authorized to acquire the Marana
Wastewater Reclamation Facility (located in the southeast quarter of
Section 14, Township 11 South, Range 10 East, G&SRB&M) and the
Marana Ordinance No. 2012.04 - 1- 6/25/2012 1:00 PM
wastewater facilities, setback areas, access rights, and current and fu-
ture service area connected to or associated with it?
SECTION 2. The Town Manager, Town Attorney, Town Clerk, and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out the terms
and objectives of this ordinance, including without limitation all actions necessary or desirable to
comply with all applicable laws and regulations relating to or necessary for the November 6, 2012
election, including without limitation any and all activities related to the preparation, printing and
distribution of the publicity pamphlet and to the execution of contracts necessary for the same.
SECTION 3. The Town Clerk is hereby authorized and directed to place a public notice in
the Daily Territorial, notifying the public that arguments for and against the measure will be accepted
by the Town Clerk no later than 5 p.m. on Wednesday, August 8, 2012.
SECTION 4. The Town Clerk is hereby authorized and directed to charge an amount of mon-
ey to offset a portion of the proportionate cost of the purchase of the paper and the printing of the
arguments received for and against the measure, as provided in A.R.S. § 19-124 (D).
PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
26 day of June, 2012.
ATTEST:
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Jo elyn C. onson, Town Clerk
APPROVED AS TO FORM:
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