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Home My WebLink AboutOrdinance 2012.11 Authorizing the wastewater measure on the primary 2013 election ballotW� T( A" 11 M F. ANN RODRIGUEZ, RECORDER Recorded By: KES B DEPUTY RECORDER 4901 sr� TOWN OF MARANA TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 $8.00 /� PIllr � � ��o W '��z � y ��'�tIZOt""�° IIIIII IIIII III�I IIIII III�) IIIII IIII) IIIII (IIII (IIII IIIII (IIII IIII IIII SEQUENCE: NO. PAGES: ORDIN 20123210653 il/16/2012 16:26 MAIL AMOUNT PAID: MARANA ORDINANCE NO. 2012.11 RELATING TO ELECTIONS; AUTHORIZING THE PLACEMENT OF A MEASURE ON THE 1VIARCH 12, 2013 TOWN OF l�ti�RANA PRI1viARY ELECTION BALLOT FOR THE PURPOSE OF VOTIl�iG UPON WHETHER THE TOWN OF MARANA SHALL BE AUTHORIZED TO ACQUIRE AND OPERATE THE I��IARANA WASTEWATER RECLAMATION FACII,ITY AND TT� WASTEWATER FACII,i'TIES, SETBACK AREAS, ACCESS RIGHTS, AND CIJRRENT AND FUTIJRE SEWAGE CONVEYANCE SYSTEM AND SERViCE AREA CONNECTED TQ OR ASSOCIATEI) WITH IT; AND DECLARING AN ElVf�RGENCY WHEREAS the Arizona Court of Appeals issued a June 14, 2012 decision in the case Town of Marana v. Pima County finding that the Town of Marana's 1988 election to authorize the Town af 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 WHEREAS Pima County argues in pending pleadings before the Arizona Supreme Court that the Town also lacks voter authorization ta acquire, own and operate the wastewater facilities, setback areas, access rights, and current and future sewage conveyance system and service area con- nected to or associated with the Marana Wastewater Reclaxnation Facility; and WHEREAS the Town Council of the Town of Marana finds that acquisition and operation of the Mazana Wastewater Reclamarion Faeility and the wastewater facilities, setback areas, access rights, and current and future sewage conveyance system and service area connected to or associated with it is a critical element of the Town's future water resource portfolio; and WHEREAS A.R. S. § 9-514 (A), Marana Town Code Section 2-2-6 (A), and the generallaws of the State of Atizona authorize the Town Council of the Town of Marana to place measures on the ballot of a regular Town of Marana primary election; and WHEREAS the Town Council of the Town of Marana finds that placement of this measure on the March 12, 2013 ballot is in the best interests of the Town and its residents and businesses. NOW, TH�REFORE, BE IT ORDAINED �Y TH� MAYUR AND COUNCII., OF THE TOWN OF I�tiARANA, ARIZONA, AS F4LLOWS: SECTION 1. The following question shall be submitted to the voters af the Town of Marana at the March 12, 2013 regular Town of Marana primary election: Sha11 the Tawn of Marana be authorized ta acquire and operate the Marana Wastewater Reclamation Facility (located in the southeast quarter of Section 14, Township 11 South, Range 10 East, G&SRB&M) and the wastewater faeilities, setback areas, access Ordimance No. 2012.11 -1- 10/29J2012 9:45 AM � rights, and current and future sewage conveyance system and 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 March 12, 2013 elec- tion, including without limitation any and all activities related to the preparation, printing and distri- bution 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 not exceeding 300 words in length for and against the rneasure will be accepted by the Town Clerk no later than 5 p.m. on Wednesday, Decem- ber 12, 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) and the adopted Town of Marana comprehensive fee schedule. 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 7 th day of November, 2012. ATTEST: ocel . Bronson, Town Clerk Ordinance No. 2012.11 -2- Mayor Ed Honea 10l29l2012 9:45 AM WHEN RECORDED, RETURN TO: TOWN OF N�„ARANA ATTN: TOWN CLEKK 11555 W CIVIC CENTER DRIVE MARANA, ARIZONA 85653 �: ` � cO �y OFFtCIAL RECORDS OF � '$ 7 5 � PllVAL COUNTY RECORDER �.? . . .�� DATElTI M E: 01 /14/2013 1214 FEE: $8.00 PAGES: 2 FEE NUMBER: 2013-003291 INIIII�� MARANA ORDINANCE NO. 2012.11 RELATING TO ELECTIONS; AUTHORIZING THE PLACEMENT OF A MEASURE ON THE MARCH 12, 2013 TOWN OF MARANA PRIMARY ELECTION BALLOT FOR THE PURPUSE OF VOTING UPON WHETHER THE TOWN OF MARANA SHALL BE AUTHORIZED TO ACQUIRE AND OPERATE THE MARANA WASTEWATER RECLAMATION FACII,ITY AND THE WASTEWATER FACILITIES, SETBACK AREAS, ACCESS RIGHTS, AND CURRENT AND FUTURE SEWAGE CONVEYANCE SYSTEM AND SERVICE AREA CONNECTED TO OR ASSOCIATED WITH IT; AND DECLARING AN EMERGENCY 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 WHEREAS Pima County argues in pending pleadings before the Arizona Supreme Court that the Town also lacks voter authorization to acquire, own and operate the wastewater facilities, setback areas, access rights, and current and future sewage conveyance system and service area con- nected to or associated with the Marana Wastewater Reclamation Facility; and WHEREAS the Town Council of the Town of Marana fmds that acquisition and operation of the Marana Wastewater Reclamation Facility and the wastewater facilities, setback areas, access rights, and current and future sewage conveyance system and service area connected to or associated with it is a critical element of the Toum's future water resource portfolio; and WHEREAS A.R.S. § 9-514 (A), Marana Town Code Section 2-2-6 (A), and the general laws of the State of Arizona authorize the Town Council of the Town of Marana to place measures on the ballot of a regular Town of Marana primary election; and WHEREAS the Town Council of the Town of Marana finds that placement of this measure on the March 12, 2013 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 sha11 be submitted to the voters of the Town of Marana at the March 12, 2013 regular Town of Marana primary election: Sha11 the Town of Marana be authorized to acquire and operate the Marana Wastewater Reclamation Facility (located in the southeast quarter of Section 14, Township 11 South, Range 10 East, G&SRB&M) and the wastewater facilities, setback areas, access Ordinance No. 2012.11 - 1- 10/29/2012 9:45 AM rights, and current and future sewage conveyance system and 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 ta carry out the terms and objectives of this ordinance, including without limitation a11 actians necessary or desira.ble to comply with all applicable laws and regulations relating to or necessary for the March 12, 2013 elec- tion, including withvut limita.tion any and all activities related to the prepara.tion, printing and distri- bution of the publicity pamphlet and to the execution of contracts necessary for the same. SECTION 3. The Town Clerk is hereby authariz�d and directed, to place a public notice in the Daily Territorial, notifying the publie that arguments not exceeding 300 words in length for and against the measure will be accepted by the Town Clerk no later than 5 p.m. on Wednesday, Decem- ber 12, 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) and the adopted Town of Marana comprehensive fee schedule. SECTION S. Since it is necessary for the preservation of the peace, health and safety of the Tawn 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 7�` day of November, 2012. . � � � � �.'. ��/1.�. '- , �• - �I C � � � � • • TO FORM: _ -e ; Z'OWIl Mayor Hanea Ordinance No. 2012.11 - 2- 10/29/2012 9:45 AM