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Home My WebLink AboutOrdinance 2012.14 Authorizing a ballot measure relating to the Rillito wastewater plantWH��r rr�� T�� ATZ 11$� MA] F. ANN RODRIGUEZ, RECORDER Recorded By: NIIdC DEPUTY RECORDER 4903 SMARA TOWN OF MARANA TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 $8.00 o F PI � w �� z `,�N� � � �` � IIIII� IIIII III'I (I�II IIII) III'I IIIII (�III'llll IIII) IIIII'III) �III (III SEQUENCE: NO. PAGES: ORDIN 20130180146 2 01/18/2013 ii:i� MAIL AMOUNT PAID: _. __ _ __. _. MARANA ORDINANCE NO. 2012.14 RELATING TO ELECTIONS; AUTHORIZING THE PLACEMENT OF A MEASURE ON THE NEXT AVAILABLE TOWN OF MARANA ELECTION BALLOT FOR THE PURPOSE OF VOTING UPON WH�THER THE TQWN OF MARANA SHALL BE AUTHORIZ�D TO ACQUIRE AND OPERATE THE RILLITO VISTA 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; REPEALING THOSE PORTIONS OF ORDINANCE 2012.11 THAT ADDRESS THE PREPARATION AND PUBLICATION OF A PUBLICITY PAMPHLET; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana has received a formal December 18, 2012 proposal from Pima County to settle the pending wastewater dispute; and WHEREAS Pima County's "Option A" settlement proposal includes a provision for the Town of Marana to own and operate the Rillito Vista Wastewater Reclamation Facility; and WHEREAS A.R.S. § 9-514 requires the Town of Marana to obtain voter authorization before construction, purchase, acquisition or lease of any plant or property of a public utility; and WHEREAS the Town Council of the Town of Marana finds that obtaining voter authoriza- tion to acquire and operate the Rillito Vista Wastewater Reclamation Facility and the wastewater fa- cilities, setback areas, access rights, and current and future sewage conveyance system and service area connected to or associated with it is a prudent and logical step toward resolving the wastewater dispute with Pima County; and �UHEREAS the Town Attorney has determtned that publicity pamphlets are not required for voter authorizations under A.R.S. § 9-514 under Clay v. Town of Gilbert, 160 Ariz. 335, 773 P.2d 233 (App. 1989), and in any event received only one argument (in support); and WHEREAS the Town Council of the Town of Marana finds that placement of this measure on the next available Town of Marana election ballot is in the best interests of the Town. 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: Official title: Shall the Town of Marana be authorized to acquire and operate the Rillito Vista Wastewater Reclamation Facility (located southeast of the I-10/Tangerine Road interchange in the east half of Section 6, Township 12 South, Range 12 East, G&SRB&M) and the wastewater {00032547.DOC /} Marana Ordinance No. 2012.14 �� 12/21/2012 4:01 PM � facilities, setback areas, access rights, and current and future sewage conveyance system and service area connected to or associated with it? Descrintive title: Pima County's December 18 "Option A" settlement proposal pro- vides for Marana to operate this sma11 wastewater system serving about 60 residential lots. Arizona law requires voter authorization for the Town of Marana to acquire and operate the wastewater facilities specified in this measure's official title. A"YES" vote shall have the effect of authorizing the Town of Mara- na to own and operate the specified wastewater facilities. A"NO" vote shall have the effect of not authorizing the Town of Ma- rana to own and operate the specified wastewater facilities. SECTION 2. The measure set forth in Section 1 of this Ordinance sha11 be submitted to the voters at the March 12, 2013 regular Town of Marana primary election if the Pima County Division of Elections is able to modify the ballot language to include the item; otherwise, it sha11 be submitted to the voters at the May 21, 2013 Town of Marana general election. The Town Manager, Town Attorney, Town Elerk, and staff are hereby directed and author- ized to undertake a11 other and further tasks required or beneficial to carry out the terms and objec- tives of this ordinance, including without limitation all actions necessary or desirable to comply with a11 applicable laws and regulations relating to or necessary for the election. SECTION 3. The provisions of Marana Ordinance No. 2012.11 relating to the preparation of a publicity pamphlet and the submission of arguments for and against the measure are hereby re- pealed, and the Town Clerk is hereby authorized and directed to refund any charges associated with the argument that was submitted. SECTION 4. 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 27�' day of December, 2012. ATTEST: � Gi ert Davidson, Acting Town Clerk FO rank �;a�idy,'Town {000325�!bOC /} Marana Ordinance No. 2.14 - 2- 1221/2012 4:01 PM WHEN RECORDED, RETURN TO: TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DRIVE MARANA, ARIZONA 85653 � �C��`��' � OFFICIAL RECORDS OF � '$ 7 � PINAL COUNTY RECORDER �t . .� DATE/T I M E: 01 /14l2013 1214 FEE: $8.00 PAGES: 2 FEE NUMBER: 2013-003294 II�II�I�I��I��I�I�� MARANA ORDINANCE NO. 2012.14 RELATING TO ELECTIONS; AUTHORIZING THE PLACEMENT OF A MEASURE ON THE NEXT AVAILABLE TOWN OF MARANA ELECTION BALLOT FOR THE PURPOSE OF VOTING UPON WHETHER THE TOWN OF MARANA SHALL BE AUTHORIZED TO ACQUIRE AND OPERATE THE RILLITO VISTA 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; REPEALING THOSE PORTIONS OF ORDINANCE 2012.11 THAT ADDRESS THE PREPARATION AND PUBLICATION OF A PUBLICITY PAMPHLET; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana has received a formal December 18, 2012 proposal from Pima County to settle the pending wastewater dispute; and WHEREAS Pima County's "Option A" settlement proposal includes a provision for the Town of Marana to own and operate the Rillito Vista Wastewater Reclamation Facility; and WHEREAS A.R. S. § 9-514 requires the Town of Marana to obtain voter authorization before construction, purchase, acquisition or lease of any plant or property of a public utility; and WHEREAS the Town Council of the Town of Marana finds that obtaining voter authoriza- tion to acquire and operate the Rillito Vista Wastewater Reclamation Facility and the wastewater fa- cilities, setback areas, access rights, and current and future sewage conveyance system and service area connected to or associated with it is a prudent and logical step toward resolving the wastewater dispute with Pima County; and WHEREAS the Town Attorney has determined that publicity pamphlets are not required for voter authorizations under A.R.S. § 9-514 under Clay v. Town of Gilbert, 160 Ariz. 335, 773 P.2d 233 (App. 1989), and in any event received only one argument (in support); and WHEREAS the Town Council of the Town of Marana finds that placement of this measure on the next available Town of Marana election ballot is in the best interests of the Town. 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: Official title: Sha11 the Town of Marana be authorized to acquire and operate the Rillito Vista Wastewater Reclamation Facility (located southeast of the I-10/Tangerine Road interchange in the east half of Section 6, Township 12 South, Range 12 East, G&SRB&1V� and the wastewater {00032547.DOC /} Marana Ordinance No. 2012.14 - 1- 12/21/2012 4:01 PM facilities, setback areas, access rights, and current and future sewage conveyance system and service area connected to or associated w�th it? Descrintive title: Pima County's December 18 "Option A" settlement proposal pro- vides for Marana to operate this small wastewater system serving about 60 residential lots. Arizona law requires voter authorization for the Town of Marana to acquire and operate the wastewater facilities specified in this measure's official title. A"YES" vote shall have the effect of authorizing the Town of Mara- na to own and operate the specified wastewater facilities. A"NO" vote shall have the effect of not authorizing the Town of Ma- rana to own and operate the specified wastewater facilities. SECTION 2. The measure set forth in Section 1 of this Ordinance shall be submitted to the voters at the March 12, 2013 regular Town of Marana primary election if the Pima County Division of Elections is able to modify the ballot language to include the item; otherwise, it sha11 be submitted to the voters at the May 21, 2013 Town of Marana general election. The Town Manager, Town Attorney, Town Clerk, and staff are hereby directed and author- ized to undertake all other and further tasks required or beneficial to carry out the terms and objec- tives 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 election. SECTION 3. The provisions of Marana Ordinance No. 2012.11 relating to the prepara.tion of a publicity pamphlet and the submission of axguments for and against the measure are hereby re- pealed, and the Town Clerk is hereby authorized and directed to refund any charges associated with the argument that was submitted. SECTION 4. 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 27 day of December, 2012. ATTEST: � � Gi ert Davidson, Acting Town Clerk ,'Town {0003zs�voc i} Marana Ordinance No. 2.14 - 2- 12/21/2012 4:01 PM