HomeMy WebLinkAboutOrdinance 2012.08 Authorizing a special election relating to wastewaterI
F. ANN RODRIGUEZ, REC�RDER
ReL:orded By: RH
DEPUTY RECORDER
4899
SMARA
TOWN OF MARANA
TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
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NO. PAGES:
ORDIN
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AMOUNT PAID:
20122020149
2
07/20/2012
11:18
$8.00
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MARANA ORDINANCE NO. 2012.08
RELATING TO ELECTIONS; REPEALING MARANA ORDINANCE NO. 2012.04, WHICH
AUTHORIZED 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 FACILITIES, SETBACK AREAS, ACCESS RIGHTS, AND
CURRENT AND FUTURE SERVICE AREA CONNECTED TO OR ASSOCIATED WITH IT
WHEREAS on June 26, 2012, the Mayor and Council adopted Ordinance No. 2012.04, au-
thorizing a special Town of Marana election on November 6, 2012, in response to the June 14, 2012
Arizona Court of Appeals decision in the case Town of Marana 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); and
WHEREAS the Town Council of the Town of Marana finds that the Town's best interests
will be served by delaying any election, for reasons including but not limited to (a) the chance that
modification of the decision upon reconsideration by the Arizona Court of Appeals or upon review
by the Arizona Supreme Court may make an election unnecessary or may require the voter approval
language to be different than what is currently contemplated, (b) having the election at a normal
Town-scheduled primary or general election will be less costly and less confusing to the public than
adding the item at the end of a long ballot containing national, state, and local elections and
measures, and (c) certain factors that have occurred since June 26 lead the Town Council to believe
that voter authorization may ultimately be unnecessary; and
WHEREAS voter authorization will be rescheduled for a later election when circumstances
lead the Town Council to conclude that the election is necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTIOl� 1. Ordinance No. 2012.04, adopted on June 26, 2012, is hereby repealed.
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.
OrdinanceNo. 2012.08 - 1- 7/16/2012 4:32 PMFC
�
.' SECTION 3. The Town Clerk is hereby authorized and directed to place a public notice in
� the Daily Territorial, notifying the public that the November 6, 2012 special Town of Marana elec-
tion is canceled.
PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
17�' day of July, 2012.
ATTEST:
Mayor
Ordinance No. 2012.08 - 2- '7l16/2012 4:32 PM FC
WHEN RECORDED, RETiJRN TO:
TOWN G`T' 1VrARAr1A
ATTN: TOWN CLERK
11555 W CIVIC CENTER DRIVE
M�,RANp, ARIZONA 85653
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� 4y OFFICIAL RECORDS OF
� '$ 75 � PINAL COUNTY RECORDER
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DATE/TI ME: 07/23/2012 1231
FEE: $10.00
PAGES: 2
FEE NUMBER: 2012-062366
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_ _ _ _ _ _ _ _
MARANA ORDINANCE NO. 2012.08
RELATING TO ELECTIONS; REPEALING MARANA ORDINANCE NO. 2012.04, WHICH
AUTHORIZED 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 FACILITIES, SETBACK AREAS, ACCESS RIGHTS, AND
CURRENT AND FUTURE SERVICE AREA CONNECTED TO OR ASSOCIATED WITH IT
WHEREAS on June 26, 2012, the Mayor and Council adopted Ordinance No. 2012.04, au-
thorizing a special Town of Marana election on November 6, 2012, in response to the June 14, 2012
Arizona Court of Appeals decision in the case Town of Marana 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); and
WHEREAS the Town Council of the Towri of Marana finds that the Town's best interests
will be served by delaying any election, for reasons including but not limited to (aj the chance that
modification of the decision upon reconsideration by the Arizona Court of Appeals or upon review
by the Arizona Supreme Court may make an election unnecessary or may require the voter approval
language to be different than what is currently contemplated, (b) having the election at a normal
Town-scheduled primary or general election will be less costly and less confusing to the public than
adding the item at the end of a long ballot containing national, state, and local elections and
measures, and (c) certain factors that have occurred since June 26 lead the Town Council to believe
that voter authorization may ultimately be unnecessary; and
WHEREAS voter authorization will be rescheduled for a later election when circumstances
lead the Town Council to conclude that the election is necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. Ordinance No. 2012.04, adopted on June 26, 2012, is hereby repealed.
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.
Ordinance No. 2012.08
-1-
7/16/2012 4:32 PMFC
SECTION 3. The Town Clerk is hereby authorized and directed to place a public notice in
the Daily Territorial, notifying the public that the November 6, 2012 special Town of Marana elec-
tion is canceled.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
17�` day of July, 2012.
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Ordinance No. 2012.08 - 2- 7/16/2012 4:32 PM FC