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Home My WebLink About09/16/2014 Council Agenda PacketMaranaCouncilMeeting9/16/2014Page1of207 MaranaCouncilMeeting9/16/2014Page2of207 MaranaCouncilMeeting9/16/2014Page3of207 MaranaCouncilMeeting9/16/2014Page4of207 MaranaCouncilMeeting9/16/2014Page5of207 MaranaCouncilMeeting9/16/2014Page6of207 DAUGHTERS OF THE AMERICAN REVOLUTION OLD PUEBLO CHAPTER HONORS CONSTITUTION WEEK 2014 WHEREAS September 17 through September 23, 2014 marks the two hundred and twenty-seventh anniversary of the drafting of the United States Constitution; and WHEREAS in 1955, the Daughters of the American Revolution petitioned Congress to set aside these dates annually for special observance; and WHEREAS a resolution was subsequently adoptedand signed into law by President Dwight D. Eisenhower; and WHEREAS it is the privilege and duty of the American people to commemorate this significant event through activities and celebrations emphasizing citizen responsibility for protecting and defending the Constitution and encouraging the study of historical events. NOW, THEREFORE, BE IT RESOLVED bythe Mayor and Council of the Town of Marana, Arizona,that it is fitting and proper to accord official recognition to this magnificent documentand its anniversary and that September 17 through September is proclaimed 23, 2014 CONSTITUTION WEEK andwe ask our citizens to reaffirm the ideals of the framers of the Constitution to protect the freedoms and liberties guaranteed to us through this document. Dated this 16day of September, 2014. th Mayor Ed Honea ATTEST Jocelyn C. Bronson Town Clerk MaranaCouncilMeeting9/16/2014Page7of207 MaranaCouncilMeeting9/16/2014Page8of207 MaranaCouncilMeeting9/16/2014Page9of207 MaranaCouncilMeeting9/16/2014Page10of207 MaranaCouncilMeeting9/16/2014Page11of207 ϭ &zϮϬϭϯϭϰ 'ĞŶĞƌĂů&ƵŶĚ&ŝŶĂŶĐŝĂůƌŝĞĨʹϰƚŚ YƵĂƌƚĞƌϮϬϭϰ WƌĞƉĂƌĞĚďǇ͗ &ŝŶĂŶĐĞĞƉĂƌƚŵĞŶƚ &zϮϬϭϯϭϰ MaranaCouncilMeeting9/16/2014Page12of207 'ĞŶĞƌĂů&ƵŶĚ&ŝŶĂŶĐŝĂůƌŝĞĨʹϰƚŚYƵĂƌƚĞƌϮϬϭϰϮ Summary Thisfinancialbriefisintendedtoprovidea broadoverviewandstatusofrevenuesand expendituresforthedŽǁŶ͛Ɛgeneralfund. GeneralfundrevenuesforJune2014of$3.2 millionwereexceededbyexpendituresof $5.2millionby$2.0millionforthemonth. Thisoveragewasanticipatedandwasdueto budgetedope ratingtransfersfordebt servicepaymentsinJune.Overallrevenues fortheyeararemodestlyhigherthanbudget expectationsforthefiscalyearat105.8%. Expendituresarewithinexpectationsat 96.1%.Revenuesexceedexpendituresby$3.2millionforthefiscalyear.Itisimportanttonotethat theseyearendnumbersarepreliminary,unauditedandsubjecttochangeasaresultoftheannualaudit andclosingentries. Percent of RevenuesCurrentMonthYeartoDateFY2014BudgetBudget Salestaxrevenues$1,627,319.65$20,501,539.04$19,498,321105.1% Intergovernmentalrevenues697,431.148,273,207.318,244,233100.4% Licenses,fees&permits449,447.153,871,200.823,194,225121.2% Chargesforservices25,042.62467,279.93396,701117.8% Finesandforfeiture57,287.44634,075.39625,000101.5% Grantsandcontributions16,414.72143,146.44116,525122.8% Investmentincome12,713.1096,888.66100,00096.9% Miscellaneousrevenues339,703.92575,240.74504,570114.0% TotalRevenue3,225,359.7434,562,578.3332,679,575105.8% Expenditures Personnel&benefits2,554,883.3821,784,809.5022,036,60298.9% Contractedservices424,500.993,603,607.644,178,55086.2% Operatingsupplies&equip414,035.262,208,940.022,259,26597.8% Capitaloutlay210,339.011,351,195.781,479,52291.3% Transfersout1,610,672.102,461,003.782,725,63690.3% TotalExpenditures$5,214,430.74$31,409,556.72$32,679,57596.1% NetRevenuesOver/(Under)$(1,989,071.00)$3,153,021.61$0.0% PrintedonFriday,September05,2014 MaranaCouncilMeeting9/16/2014Page13of207 'ĞŶĞƌĂů&ƵŶĚ&ŝŶĂŶĐŝĂůƌŝĞĨʹϰƚŚYƵĂƌƚĞƌϮϬϭϰϯ Contents Summary..........................................................................2 GeneralFund....................................................................4 Revenues.....................................................................4 ExpenditureSummary.................................................6 Appendix..........................................................................7 TaxJournalSummary..................................................7 ExpenditureSummarybyDepartment.......................8 PrintedonFriday,September05,2014 MaranaCouncilMeeting9/16/2014Page14of207 'ĞŶĞƌĂů&ƵŶĚ&ŝŶĂŶĐŝĂůƌŝĞĨʹϰƚŚYƵĂƌƚĞƌϮϬϭϰϰ GeneralFund Thegeneralfundisthelargestoperatingfundandaccountsforthemajorityoftherevenuesand expendituresoftheTownexceptforthosethatarerequiredtoflowthroughotherfunds.Thegeneral ĨƵŶĚ͛Ɛprimaryrevenuesoftransactionprivilegetaxes,intergovernmentalanddevelopmentrelated revenuescompriseapproximately95%oftherevenuesutilizedtoprovideservicestocitizens. Revenues Transaction Privilege Taxes -Year Over Year Change TransactionPrivilegeTaxes 46.3% 50% Overalltaxcollections(excluding 40% taxesallocatedtootherfunds) 28.7% 30% were$1.6millionforJune(May 20% 8.9% 6.8% 3.8% 3.0% 10% salestransactions)whichwas6.8% 1.0%2.6% 0.3%2.4% 0.7% 0% -0.3% -2.4% higherthanJune2013.Contracting -10% -4.8% -20% taxeswere21.8%lowerthanthe -21.9%-21.8% -30% samemonthayearearlier. Apr-14May-14Jun-14CY Average However,overallcontractingtax ConstructionRetailRestaurantsMonth Avg collectionsthroughthecurrent periodaresignificantlyhigherthanbudgetprojectsat$1.6millionor132.6%.Retailsalestaxcollections, thelargestsalestaxrevenuecategory,were2.4%higherforJune2014(May2014transactions)thanthe sameperiodayearearlierandaremodestlyhigherthanbudgetexpectationsfortheyearat105.2%. rtof$20.5millionareat105.1%ofbudget Overallcollectionsthroughthecurrentperiodofthisrepo whichismodestlyabovebudgetexpectations. Percent of CategoryCurrentMonthCurrentYTDCurrentBudgetBudget Mining$803.07$9,822.81$15,00065.5% Contracting109,654.171,584,542.281,194,959132.6% Transportation,Communications,Utilities269,211.243,174,487.713,374,51594.1% WholesaleTrade11,805.37204,658.31292,16670.0% RetailTrade767,807.629,549,613.659,078,225105.2% Restaurant&Bars151,629.701,849,097.901,810,255102.1% Fire,Insurance&RealEstate96,454.301,269,703.111,271,31899.9% Hotels&OtherLodging99,070.341,241,946.28901,144137.8% Services82,713.771,031,548.46986,810104.5% Manufacturing16,779.09102,961.61145,96770.5% AllOthers19,993.51215,287.89177,962121.0% TaxAudit1,397.47267,869.03250,000107.1% TotalRevenue$1,627,319.65$20,501,539.04$19,498,321105.1% PrintedonFriday,September05,2014 MaranaCouncilMeeting9/16/2014Page15of207 'ĞŶĞƌĂů&ƵŶĚ&ŝŶĂŶĐŝĂůƌŝĞĨʹϰƚŚYƵĂƌƚĞƌϮϬϭϰϱ StateSharedRevenues Intergovernmentalcollectionswere$0.7millionforthemonthofJuneandoverallcollectionsareat$8.3 millionor100.5%,whichiswithinbudgetexpectations. Percent of CategoryCurrentMonthCurrentYTDCurrentBudgetBudget StateSharedSalesTax$258,378.61$3,043,102.01$3,020,895100.7% UrbanRevenueSharing324,924.093,896,847.173,900,42199.9% AutoLieuTax114,128.441,332,590.771,312,917101.5% TotalRevenue$697,431.14$8,272,539.95$8,234,233100.5% ĞǀĞůŽƉŵĞŶƚZĞůĂƚĞĚZĞǀĞŶƵĞƐ Collectionswereapproximately$0.4millionforJuneand$3.9millionor Single Family Residence Building 121.2%throughJunewhichissignificantlyhigherthanbudgetexpectations. Permits Asignificantportionofthisvarianceisattributabletonewsinglefamily 692 800 597 550 residence(SFR)permits.Approximately59newSFRpermitswereissuedin 400 June(actualaverageapproximately50permonthvs.46pe rmonth budgeted).Anumberofotherpermitcategories,includingexisting 0 commercial,gradingandutilityhaveexceededtheannualamountof budgetedrevenues.Thistrendcontinuestodemonstratethesteady improvementinthedevelopmentofexistingandnewprojects. Percent of CategoryCurrentMonthCurrentYTDCurrentBudgetBudget SFRnewpermit$185,342.98$2,272,988.47$2,035,000111.7% SFRexistingpermit3,662.9414,066.4612,500112.5% Commercialnewpermit18,268.62145,604.57250,00058.2% Commercialexistingpermit(603.74)80,125.6057,500139.3% Gradingpermit(60,276.93)71,687.5472,00099.6% Utilitypermits6,201.3645,633.2224,000190.1% Poolpermit6,779.1670,340.2135,000201.0% Signpermit4,879.4625,332.4415,000168.9% Patiowallpermit1,913.5015,416.2020,00077.1% ROWpermit61,459.7293,356.6122,250419.6% Floodplainpermit(726.00)7,203.42750960.5% Misc.permit15,925.72179,230.34105,000170.7% Franchisefees94,737.02377,069.08325,000116.0% PrintedonFriday,September05,2014 MaranaCouncilMeeting9/16/2014Page16of207 'ĞŶĞƌĂů&ƵŶĚ&ŝŶĂŶĐŝĂůƌŝĞĨʹϰƚŚYƵĂƌƚĞƌϮϬϭϰϲ Businesslicenses20,220.50171,048.15139,725122.4% Liquorlicenses500.002,625.005,00052.5% Aggregateminingfee91,162.84299,473.5175,000399.3% Bankprotectionfee5000.0% TotalRevenue$449,447.15$3,871,200.82$3,194,225121.2% ExpenditureSummary TheGeneralFundexpended$5.2millioninthecurrentmonthand$31.4millionthroughJunewhichis lessthanbudgetedat96.1%.Overallexpendituresthroughtheendofthecurrentperiodarewithin budgetexpectations. Percent of ExpendituresCurrentMonthCurrentYTDCurrentBudgetBudget Personnel&benefits2,554,883.3821,784,809.5022,036,60298.9% Contractedservices424,500.993,603,607.644,178,55086.2% Operatingsupplies&equip414,035.262,208,940.022,259,26597.8% Capitaloutlay210,339.011,351,195.781,479,52291.3% Transfersout1,610,672.102,461,003.782,725,63690.3% TotalExpenditures$5,214,430.74$31,409,556.72$32,679,57596.1% PrintedonFriday,September05,2014 MaranaCouncilMeeting9/16/2014Page17of207 'ĞŶĞƌĂů&ƵŶĚ&ŝŶĂŶĐŝĂůƌŝĞĨʹϰƚŚYƵĂƌƚĞƌϮϬϭϰϳ Appendix dĂǆ:ŽƵƌŶĂů^ƵŵŵĂƌǇ Thefollowingscheduledincludesalltaxesreceived(includingthoseallocatedtootherfunds),bymajor classification,forthecurrentperiodandthecurrentfiscalyearaveragecollections. NAICSCATEGORYNAMEJun14CYAverage Mining803.07818.57 Construction438,616.69528,180.76 Manufacturing16,778.098,580.05 Transportation,Communications,Utilities269,211.24264,540.64 WholesaleTrade11,805.3717,054.86 RetailTrade798,566.74805,235.98 Restaurant&Bars154,640.04154,951.14 Fire,Insurance&RealEstate98,209.96106,339.05 Hotels&OtherLodging169,765.08179,933.34 Services83,584.7486,195.63 AllOthers19,993.5117,940.66 2,061,974.532,106,309.89 MovingAverageCenter2,148,136.27 MovingAverageLagging2,146,879.382,173,217.59 1% MtM%Change9.4%0. MtM$Change($214,150)($8,685) YoY%Change4.8%6.8% YoY$Change($104,215)$126,922 ConstructionYoY%Change21.8%28.7% ConstructionYoY$Change($122,329)$89,819 UtilitiesYoY%Change16.1%4.5% UtilitiesYoY$Change$37,352$11,368 RetailYoY%Change2.4%3.0% RetailYoY$Change$19,008$23,524 RestaurantsYoY%Change2.4%2.6% RestaurantsYoY$Change($3,876)$3,319 Insurance&RealEstateYoY%Change15.9%6.8% Insurance&RealEstateYoY$Change($18,630)$3,470 HotelsYoY%Change1.9%0.7% HotelsYoY$Change$3,177$1,559 PrintedonFriday,September05,2014 MaranaCouncilMeeting9/16/2014Page18of207 'ĞŶĞƌĂů&ƵŶĚ&ŝŶĂŶĐŝĂůƌŝĞĨʹϰƚŚYƵĂƌƚĞƌϮϬϭϰϴ ǆƉĞŶĚŝƚƵƌĞ^ƵŵŵĂƌǇďǇĞƉĂƌƚŵĞŶƚ Thefollowingtablelistseachdepartmentwithinthegeneralfund.Thepercentageofbudgetexpendedis withinexpectationsthroughthecurrentperiod.ExpendituresfortheTownůĞƌŬ͛Ɛofficeslightly exceededbudgetat100.6%.Thisoverageisprimarilyduetoincreasedcostsofadvertising/publishingof publicnotices,ordinancesandothersimilarpostings.Theimpactsofincreasedadvertising/publishing costswillbeconsideredinthedevelopmentofthefiscalyear201415budget. Percent of DepartmentCurrentMonthCurrentYTDCurrentBudgetBudget Nondepartmental$1,852,147.92$3,871,365.30$3,959,29097.8% MayorandCouncil30,257.55265,988.47289,56891.9% TownManager135,906.54955,254.641,132,88784.3% TownClerk33,458.13255,843.07254,217100.6% HumanResources57,376.76649,977.46676,20696.1% Finance103,095.75893,815.94948,29494.3% Legal91,633.91701,060.03737,23895.1% TechnologyServices225,169.331,996,484.602,057,71997.0% DevelopmentServicesAdmin39,326.03291,045.02399,18472.9% PermitsandRecords90,654.39540,162.12571,74394.5% BuildingSafety100,832.52754,120.55826,70791.2% Planning73,189.89599,874.47651,32992.1% Engineering127,603.991,252,231.831,357,34892.3% EngineeringConstruction121,263.12917,776.46997,79392.0% Police1,226,978.3710,853,946.0310,858,908100.0% MagistrateCourt108,059.65963,132.96988,88497.4% PublicWorksAdmin15,064.05133,897.08240,32755.7% Facilities,Fleet&Streets327,190.602,230,086.902,283,33097.7% ParksandRecreation409,350.392,939,932.423,074,11995.6% CommunityDevelopment45,871.85343,561.37374,48491.7% TotalExpenditures$5,214,430.74$31,409,556.72$32,679,57596.1% PrintedonFriday,September05,2014 MaranaCouncilMeeting9/16/2014Page19of207 MaranaCouncilMeeting9/16/2014Page21of207 MaranaCouncilMeeting9/16/2014Page22of207 MARANA RESOLUTION NO. 2014-083 RELATING TO THE MARANA REGIONALAIRPORT;APPROVING AND AUTHORIZING THE TOWN MANAGERTO EXECUTE AN AIRPORT DEVELOPMENT REIMBURSABLE GRANTAGREEMENT FOR GRANT NUMBER E5S10BETWEEN THE STATE OF ARIZONA BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION AND THE TOWN OF MARANA FOR DESIGN AND REPLACEMENT OF TAXIWAY AND RUNWAY GUIDANCE SIGNS AND LIGHTING WHEREASA.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. §28-8413authorizes the Town of Marana to accept and receive federal and other monies for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of an airportand to enter into agreements regarding the receipt of such monies; and WHERAS the Town and the Statedesire to undertake a project for the improvement of the Marana RegionalAirport and to share in the costsfor the project; and WHEREASthe Town Council finds that entering into the Airport Development Reimbursable GrantAgreement with the State is in the best interests of the Town and its citizens. NOW, THEREFORE, BE ITRESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Airport Development Reimbursable Grant Agreement for Grant Number E5S10between the State ofArizonaby and through the Department of Transportation and the Townof Maranaattached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Town Manageris 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 this resolution. Marana Resolution No. 2014-083 MaranaCouncilMeeting9/16/2014Page23of207 PASSED AND ADOPTEDBY THE MAYOR AND COUNCIL OF THE TOWN OF th MARANA, ARIZONA, this 16day of September 2014. ____________________________ Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2014-083 MaranaCouncilMeeting9/16/2014Page24of207 MaranaCouncilMeeting9/16/2014Page25of207 MaranaCouncilMeeting9/16/2014Page26of207 MaranaCouncilMeeting9/16/2014Page27of207 MaranaCouncilMeeting9/16/2014Page28of207 MaranaCouncilMeeting9/16/2014Page29of207 MaranaCouncilMeeting9/16/2014Page30of207 MaranaCouncilMeeting9/16/2014Page31of207 MaranaCouncilMeeting9/16/2014Page32of207 MaranaCouncilMeeting9/16/2014Page33of207 MaranaCouncilMeeting9/16/2014Page34of207 MaranaCouncilMeeting9/16/2014Page35of207 MaranaCouncilMeeting9/16/2014Page36of207 MaranaCouncilMeeting9/16/2014Page37of207 MaranaCouncilMeeting9/16/2014Page38of207 MaranaCouncilMeeting9/16/2014Page39of207 MaranaCouncilMeeting9/16/2014Page40of207 MaranaCouncilMeeting9/16/2014Page41of207 MaranaCouncilMeeting9/16/2014Page42of207 MaranaCouncilMeeting9/16/2014Page43of207 MaranaCouncilMeeting9/16/2014Page46of207 MaranaCouncilMeeting9/16/2014Page47of207 MARANA RESOLUTION NO. 2014-084 RELATING TO INTERGOVERNMENTAL RELATIONS;APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF MARANA,NORTHWEST FIRE DISTRICT AND MARANA UNIFIED SCHOOL DISTRICT NO. 6 FORDEVELOPMENT REVIEW AND INSPECTION, FACILITYUSE AND GENERAL COOPERATION WHEREAS the Town of Marana (the “Town”) uses Marana Unified School District No.6 (“MUSD”) public facilities for its programs and services; and WHEREAS the Town and MUSD obtain development review, permitting and inspection services from Northwest Fire District (“NWFD”) for their respective public facilities; and WHEREAS NWFD and MUSD obtain development review, permitting and inspection services from the Town for their respective public facilities; and WHEREAS NWFD, the Town and MUSD seek to establish guidelines relating to the development and use of public facilities in the town limits of the Town; and WHEREAS NWFD, the Town and MUSD desire to work cooperatively to provide excellent governmental services to their common constituents; and WHEREAS the Town Council finds that approval of an intergovernmental agreement between the three parties 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, that the Intergovernmental Agreement among the Town of Marana, Northwest Fire District and Marana Unified School District No. 6 attached to this resolution as Exhibit Ais hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. -1 - Marana Resolution No. 2014-084 MaranaCouncilMeeting9/16/2014Page48of207 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, th this 16day of September, 2014. Mayor Ed Honea ATTEST:APPROVED AS TO FORM: Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney -2 - Marana Resolution No. 2014-084 MaranaCouncilMeeting9/16/2014Page49of207 INTERGOVERNMENTAL AGREEMENT AMONG TOWN OF MARANA, NORTHWEST FIRE DISTRICT,AND MARANA UNIFIED SCHOOL DISTRICT NO. 6 FOR DEVELOPMENT REVIEW AND INSPECTION, FACILITY USE, AND GENERAL COOPERATION This intergovernmental agreement (“Agreement”) is entered into by and amongT OWN OF M, anArizonamunicipal corporation(“Town”),MUSDN.6, a ARANAARANA NIFIEDCHOOLISTRICTO political subdivision of the state of Arizona (“School District”), and NFD, an ORTHWESTIREISTRICT Town, School District and Fire District are Arizona special taxing district (“Fire District”). sometimes collectively referred to as the “Parties,” each of which is sometimes individually referred to as a “Party.” I. Recitals A.Town, School Districtand Fire Districtmay contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952. B.The School Districtand Fire District are authorized by A.R.S. § 15-342 (13) and A.R.S.§48-805 (B) (16) (a), respectively, to enter into intergovernmental agreements and contracts with other governing bodies as provided in A.R.S. § 11-952. C.Town and School District are authorized by A.R.S. § 15-364 to expend public monies and enter into agreements with each other for the operation and joint use of recreational facilities on properties used for school purposes under the control of the School District. D.SchoolDistrict is authorized by A.R.S. § 15-363 to contract with Town to operate school buildings and grounds for the purpose of providing a public play and recreation center and may organize and conduct such recreation activities which contribute to the physical, mental and moral welfare of youths residing in the vicinity. E.Town, School District and Fire District serve citizens and further the public interestby permitting common use of their facilities, personnel, equipment and services in order to minimize expense to their common citizens, improve service delivery and provide enhanced resources to the community for the benefit of their common citizens. F.Municipalities, school districtsand special taxing districts may enter into agreements to establish responsibilities relating to thereviewof developmentplans, issuance of various permitsand construction of new facilities. G.It is the desire of the Parties hereto that Townand Fire Districtpermit and inspect the construction of new school, municipal and fire facilitiesand the remodeling of existing facilities within the geographic limits of Town. H.Town, School Districtand Fire Districtdesire to establishthe responsibilities of allParties in the development review process. -1 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page50of207 I.School District provides Town use of School District facilities at little or no charge as a benefit to the community and the Town determines it is in the public interest to consider the benefit of such use in the imposition of fees by Town for development review and inspection of new school facilitiesand remodeling of existing facilities. J.Fire District provides Town use of development review and inspection staff at little or no charge as a benefit to the community and Town determines it is in the public interest to consider the benefit of such use in the imposition of fees by Town for development review and inspection of new fire facilities and remodeling of existing facilities. K.It is the desire of the Parties,recognizing that they serve the same citizens, that they cooperate by charging each other only for those legally mandated costs and those direct, out-of-pocket expenses while otherwise allowing Town, School Districtand Fire Districtuse of each other’s facilities at no charge. II. Definitions A.“Mandatory Charge” means a Town impact fee or charge not prohibited by A.R.S.§9-500.18which the Town, by statute, contract, bond indenture, or code is required to charge. B.“Out-of-Pocket Costs” shall include those direct costs incurred by Town, School District or Fire District over and above normal operating costs budgeted for and expended by each Party. The intent of this definition is to reimburse only those additional direct costs each Partyincurs from providing services or facilities to the other. Examples of such costs would include: (1)The cost to one Party for custodial time related directly to services provided for the needs of another Party. (2)The cost to one Partyfor contracting out expedited services related to the construction projectsof another Party. (3)The cost of utilities incurred by one Partyoutside normal use that is directly related to servicesof another Party. Such utility costs shall not be considered “Out-of-Pocket Costs” as long as they remain approximately equal to the value of in-kind services provided by the Partiesto each other pursuant to this Agreement. If at some point in the future the Partiesagree that the cost of utilities under this subparagraph exceeds the value of the in-kind services, then the Partiesshall determine mutually acceptable utility costs. (4)The labor and equipment cost to one Partyto repair damages to facilities related directly to services provided for the needs of another Party. -2 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page51of207 III. Covenants A.Town’s Obligations: Town recognizes that prompt development review and inspection services assist SchoolDistrictand Fire District in performing theirconstitutionally and statutorily mandated duties. The Town agrees to: (1)Provide all building, mechanical, electrical, plumbing, and Americans with Disabilities Act related inspections, review and permitting services to School District and Fire District to enable compliancewith the provisions of A.R.S. § 34-461. (2)Provide development plan reviewand land use review services to School Districtand Fire District to enable compliancewith the provisions of the Town’s general plan, land development code, and related land use ordinances, including landscaping and onsite parking requirements. Town, inproviding such review, shall recognize School District’s and Fire District’sobligations under the Constitution of the State of Arizona to provide services to all residents within their respectiveboundaries and shall not apply its land development code, site plan requirements and related land use ordinances in such a manner that would interfere with School District’s or Fire District’s responsibilitiesto meet their respectiveconstitutional mandates. Town shall require that School District submit development plans for review, but shall also recognize that School Districtis not required to obtain Town approval for the location of schoolsand other facilities or the size, configuration, or shape of School District buildings. (3)Provide administrative plan review and engineering review services to School District and Fire Districtfor offsite improvements consisting of streets, drainage,right-of- wayand traffic control to comply with the provisions of Town’s development codes and infrastructure guidelines. (4)Provide administrative utility plans review services to School Districtand Fire Districtto enable compliancewith Title 14 of the Marana Town Code. Town services shall consist of reviewing School District’s and Fire District’s respectiveconnections from their metersto Town’s utility lines and the construction of all offsite utility lines required to provide utility services consisting of Water to School District and Fire Districtfacilities. (5)Provide administrative utility plan review services to SchoolDistrict and Fire District to enable compliance with Town standards. Town services shall consist of reviewing School District’s and Fire District’s respectiveconstruction of all offsite utility lines required to provide wastewater utility services consisting of wastewater to School District and Fire District facilities. (6)Charge School District and Fire Districtno fees or assessments related to building development and cooperate with School District and Fire Districtin permitting use of Town facilities and services, as determined by Town, to the extent legally permissible at no cost other than Mandatory Charges as set forth in this Agreement and direct Out-of-Pocket Costs incurred by Town. School District and Fire District recognize Fire District recognizethat Town may have certain facilities that may have limited use due to Town’s governmental functions and responsibilities. -3 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page52of207 (a)In consideration of School District’s and Fire District’s obligations under the terms of this Agreement, Town shall charge the School Districtand Fire Districtonly the following Mandatory Charges: (i)Administrative utility plans review, connection, inspection, and any other utility-related applicable development fees. (ii)Any development-related fee that the Town charges that is pursuant to an intergovernmental agreement between the Town and a third political subdivision or party. (iii)Any development-related fees charged to Town by consulting or contracted reviewers relating to plans submitted by to Town by Fire District or School District. Town shall have discretion as to which plans are reviewed by consulting or contracted reviewers. (iv)Any applicable impact fees. (b)The Mandatory Charges may be modified by Town from time to time upon notice to School District and FireDistrict in the manner required for the amendment of development fees by Town pursuant to A.R.S.§9-463.05. Such modified fees shall not be applicable to any project on file with Town on the date that the new fees become effective. For purposes of this provision, “project” meansa development application submitted by School Districtor Fire Districtto Town proposing to construct a new facility or to remodel an existing facility. (c)The Mandatory Charges expressly do not include any of the following charges: (i)Building permit fees (ii)Plan review fees, except as specified in §III(A)(6)of this Agreement (iii)Grading/drainage inspection/permitfees (iv)Off-site improvement permit fees (v)ConditionalUse Permit application fees (vi)Site Plan application fees (vii)Right-of-way review/permit fees (7)Waive facility rent for School Districtand Fire Districtuse of Town facilities pursuant to a schedule formulated annually. In all cases, Town’s own use of its facilities shall take precedence. (8)Permit School Districtand Fire Districtto use,at no charge,Town’s buildings and facilities as determined by Town, subject to Town Council’s adopted policies and use guidelines and in accordance with the terms of specific permits and agreements between School Districtor Fire Districtand Town for the use of the buildings and facilities. School Districtand Fire District recognizethat Town may limit use of sites due to need or function. -4 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page53of207 (a)Town shall be solely responsible for all repair and maintenance of Town facilities. School District, Fire Districtand Town agree that thedecisions on maintenance and repair of Town facilities are non-delegable decisions of the Town. However, School District and Fire District shall be responsible for the costs of any repairs that are necessary and directly attributable to their respectiveusesof Town facilities. (b)School District and Fire District shall be responsible for the costs of utility, janitorial, and security services at Town facilities where the need for such services is directly attributable to respective uses by School District and Fire District. (9)Pay School Districtor Fire Districtall Out-of-Pocket Costs incurred by School District or Fire District, respectively,in the performance of this Agreement which are properly billedto Town. B.School District’s Obligations: School District recognizes that use of its buildings and facilities for Townand Fire Districtprograms and services benefits the entire community. The School District agrees to: (1)Comply with the provisions of Town’s general plan but shall be exempt from Town’s zoningordinance and related development ordinances, unless State statute or regulation has preempted Town’s review, and shall ensure that its construction meets minimum code standards. (2)Submit, for review by Town, development plans for construction or renovation of School District facilities. (3)Comply with the provisions of Town’s building codes,engineering and plan review codes, infrastructure guidelines, utility codes and development rules and/or the terms of this Agreement, in the same manner as any private party, subject to the preemption of Town’s review by State statute or regulation. (4)Comply with any additional development provisions enacted by Fire District, including but not limited to: fire codes, engineering and plan review codes, infrastructure guidelines, utility codes and development rules and/or the terms of this Agreement, in the same manner as any private party, subject to the preemption of Fire District’s review by State statute or regulation. (5)Pay Mandatory Charges imposed by Townand Fire Districtfor performance of the services under the Town Obligationsand Fire District Obligationssectionsof this Agreement. In exchange for Town’sand Fire District’swaiversof all other charges imposed by Townand Fire Districtfor all related and expansion fees under Town Obligationsand Fire District Obligationssectionsof this Agreement, School District shall waive facility rent for Townand Fire Districtuse of School District facilities pursuant to a schedule formulated annually. In all cases, School District’s own use of its facilities shall take precedence. -5 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page54of207 (6)Permit Townand Fire Districtto use at no charge School District’s buildings and facilities as determined by School District, subject to School District Governing Board’s adopted policies and use guidelines and in accordance with the terms of specific permits and agreements between Town, Fire Districtand School District for the use of the buildings and facilities. Townand Fire District recognizethatSchool District may limit use of sites due to school overcrowding, need or function. (a)This permission shall specifically include certain outdoor School District facilities, including tracks, courts and athletic fields. (b)School District buildings and facilities shall be available for use by Town and Fire District throughout the calendar year. (c)School District shall be solely responsible for all repair and maintenance of School District facilities. School District, Fire Districtand Town agree that the decisions on maintenance and repair of School District facilities are non-delegable decisions of School District. However, Townand Fire Districtshall be responsible for the costs of any repairs that are necessary and directly attributableto their respectiveusesof School District facilities. (d)Town and Fire District shall be responsible for the costs of utility, janitorial, and security services at School District facilities where the need for such services is directly attributable to respective uses by Town and Fire District. C.Fire District’s Obligations: Fire District recognizes that prompt development review and inspection services assist School Districtand Town in performing theirconstitutionally and statutorily mandated duties. Fire Districtagrees to: (1)Provide all appropriate fire prevention, mechanical, electrical, plumbing, engineering, infrastructure, utility and development inspections, review and permitting services to School District and Town to enable compliancewith the provisions of A.R.S.§34-461. (2)Provide administrative site plan review services to School Districtand Town to enable compliancewith the provisions of the Town’s fire code and related codes and ordinances. Fire District, in providing such review, shall recognize School District’s and Town’sobligations under the Constitution of the State of Arizona to provide services to all residents within their respectiveboundaries and shall apply the fire code and related codes and ordinancesto ensure the minimum fire safety requirements for new and existing buildings, facilities, storage and processes are in compliance in accordance with the fire code and local amendments. (3)Provide at least one qualified employee to Town for on-site plan review, consultation with Town staff, Town pre-application meetings and other such activities relating to development, as requested by the Town. Town shall provide the Fire District employee with a work station and supplies at the Marana Municipal Complex, 11555 West Civic Center Drive, Marana, Arizona, 85653. -6 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page55of207 (4)Charge School District and Townno fees or assessments related to building development and cooperate with School District and Townin permitting use of Fire Districtfacilities and services, as determined by Fire District, to the extent legally permissible at no cost other than Mandatory Charges as set forth in this Agreement and direct Out-of-Pocket Costs incurred by Fire District. School District and Town recognizethat Fire Districtmay have certain facilities that may have limited use due to Fire District’s governmental functions and responsibilities. (a)In consideration of School District’s and Town’s obligations under the terms of this Agreement, Fire Districtshall charge School Districtand Townonly the following Mandatory Charges: (i)Any development-related fee that Fire Districtcharges that is pursuant to an intergovernmental agreement between the Fire District and a third political subdivision or party. (ii)Any development-related fees charged to Fire District by consulting or contracted reviewers relating to plans submitted by to Fire District by Town or School District. Fire District shall have discretion as to which plans are reviewed by consulting or contracted reviewers. (b)The Mandatory Charges may be modified by Fire Districtfrom time to time upon notice to theSchool District and Townand upon adoption and/or amendment of a fee schedule in the manner required by A.R.S.§48-805. Such modified fees shall not be applicable to any project on file with the Fire District or Townon the date that the new fees become effective. For purposes of this provision, “project” means a development application submitted by School Districtor Town to Fire Districtproposing to construct a new facility or to remodel an existing facility. (c)The Mandatory Charges expressly do not include any of the following charges: (i)Permit fees (ii)Inspection fees (iii)Plan review fees, except as specified in §III(C)(4)of this Agreement (iv)Plan or submittalapplication fees (5)Waive facility rent for School Districtand Townuse of Fire Districtfacilities pursuant to a schedule formulated annually. In all cases, Fire District’s own use of its facilities shall take precedence. (6)Permit School Districtand Townto use,at no charge,Fire District’s buildings and facilities as determined by Fire District, subject to Fire District Governing Board’s adopted policies and use guidelines and in accordance with the terms of specific permits and agreements between School Districtor Town and Fire Districtfor the use of the buildings and facilities. School Districtand Town recognizethat Fire District may limit use of sites due to need or function. -7 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page56of207 (a)Fire Districtshall be solely responsible for all repair and maintenance of Fire Districtfacilities. School District, Fire Districtand Town agree that the decisions on maintenance and repair of Fire Districtfacilities are non-delegable decisions of Fire District. However, School District and Townshall be responsible for the costs of any repairs that are necessary and directly attributable to their respectiveusesof Fire Districtfacilities. (b)School District and Town shall be responsible for the costs of utility, janitorial, and security services at Fire District facilities where the need for such services is directly attributable to respective uses by School District and Town. (7)Pay School Districtor Townall Out-of-Pocket Costs incurred by School District or Town, respectively,in the performance of this Agreement which are properly billed to Fire District. D.Priority Use of Facilities: School District, Fire District and Town shall work cooperatively to reserve facilities. All Parties agree that each Party will have priority use of its own facilities. Second priority in the use of facilities will be all Town programsapproved by the School District which are part of Town’s Parks and Recreation programming.Third priority in the use of facilities will be all Town, School District or Fire District programs which are not a part of Town’s Parks and Recreation programming.Town, School District and Fire District will make requestsfor facility useat least two weeks before the date the facility is needed. E.Cash Handling: Town is authorized on behalf of the Fire District to collect and remit payment for services rendered by Fire District for development review, inspection and permitting. Town shall remit all payment collected on behalf of Fire District to Fire District no later than the 15th day of the month following the month in which payment was collected. F.Mobile Stage: Fire District and School District are permitted to use the Town’smobile stage at no cost within their respective district corporate boundaries. IV. Notices Notices required or permitted hereunder shall be given in writing and personally delivered or sent by registeredorcertifiedmail, return receipt requested, postage prepaid, or bya nationally recognized overnight courier service, addressed as follows: To School District:District Superintendent Marana Unified School District No. 6 11279 West Grier Road Marana, Arizona 85653 With a Copy To:John C. Richardson, Esq. Deconcini, McDonald, Yetwin & Lacy, P.C. 2525 East Broadway Road, Suite 200 Tucson, Arizona 85716 -8 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page57of207 To Fire District:Fire Chief Northwest Fire District 5225 West Massingale Road Tucson, Arizona 85743 Witha Copy To:Thomas Benavidez, Esq. Benavidez Law Group, P.C. 7400 North Oracle Road, Suite 143 Tucson, Arizona 85704 To Town:Town Manager Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 With a Copy To:Town Attorney Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Or at any other address designated by School District, Fire Districtor Town in writing. V. Term A.This Agreement iseffectiveMarch 18, 2014, and shall continuein effectfor four years, unless sooner terminatedby any Party. Any Party may terminate itsparticipation in this Agreement upon 60 days written notice to all Parties. B.On or before the anniversary date of this Agreement, on an annual basis, the District Superintendent or his/her designee, Fire Chief or his/her designeeand the Town Manager or his/her designee maymeet and confer in good faith on the operation of the Agreement and suggest changes, if necessary, for consideration by the governing bodies of School District, Fire Districtand Town. VI. Insurance and Indemnification A.The Parties agree that they shall maintain for the duration of this Agreement policies of publicliabilityinsurancesufficient to cover all of their obligations undertaken in the implementation of this Agreement. B.School District, Fire Districtand Town shall secure and maintain property insurance coverage protecting their personal property against all risk of physical damage loss for their full replacement cost. School District, Fire Districtand Town shall obtain similar coverage for anypersonal property they maintainateach other’s facilities pursuant to this Agreement. Unless one of the Parties’ personal property is damaged by the actions of anotherof the Partiesor its agents or invitees, School District, Fire Districtand Town agree to rely on their respectiveproperty insurance coverage for all other personal property damages. -9 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page58of207 C.For purposes of Workers' Compensation, an employee of a Party to this Agreement who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of, another Party pursuant to this specific Agreement, is deemed to be an employee of both Parties, as provided in A.R.S. § 23-1022(D). The primary employer of such employee shall be solely liable for payment of Workers' Compensation benefits for the purposes of this paragraph. Each Party shall comply with the notice provisions of A.R.S.§23-1022(E). D.To the fullest extent permitted by law, each Party (as “Indemnitor”) agrees to indemnify, defend and hold harmless the other Parties, its officers, officials, employees, agents, volunteers, successors, and assigns (as “Indemnitees”) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney fees), hereinafter collectively referred to as “claims,” arising out of bodily injury to any person (including death) or property damage, but only to the extent that such claims which result in liability to the Indemnitees, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers, successor, or assigns, provided, however, that the Indemnitor shall have no obligation to indemnify the Indemnitee for the Indemnitee's passive negligence. VII. Cancellationfor Conflict This Agreement is subject to cancellation in certain conflict of interest situations pursuant to A.R.S.§38-511, the provisions of which are incorporated herein. VIII. Governing Law A.This Agreement shall be construed and governed in accordance with the laws of the State of Arizona. B.During theperformance of this Agreement, Town, School DistrictandFireDistrict agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, nondiscrimination and affirmative action. IX. Remedy A.AllPartiesagree to usegood faith efforts to informally resolve disputes arising out of this Agreement. B.AnyPartymay pursue any remedies provided by law for 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 virtueof this Agreement. X. Waiver Waiver by anyPartyof any breach of any term, covenant or condition herein shall not be deemed a waiver of anyother term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. -10 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page59of207 XI. Force Majeure A Partyshall 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 Partyaffected, 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 Partiesthemselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such Partycould not reasonably have been expected to avoid. AnyParty rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. XII. Miscellaneous Provisions A.Amendments to this Agreement shall be in writing, signed by all Parties to the Agreement. Formalamendmentsshallnot be needed to notify Parties of address changes, changes in position titles, etc. Such information may be provided via correspondence between the Parties. B.This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations or agreements, either written or oral. C.If any provision of this Agreement is declared invalid or unenforceable, the remainder shall continue in full force and effect. D.The Parties warrant that they comply with all federal immigration laws and regulations that relate to their employees and that they comply with A.R.S. § 23-214(A). The Parties acknowledge that pursuant to A.R.S. §41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that each of the other Parties retains the legal right to inspect the papers of any employee who works on the Agreement to ensure compliance with this warranty. E.This Agreement shall supersede any prior intergovernmental agreements, memoranda of understanding or other agreements that two or more of the Parties have entered into to the extent that the provisions of those prior agreements are in conflict with the provisions of this Agreement. This Agreement shall not supersede any prior intergovernmental agreements, memoranda of understanding or other agreements that two or more of the Parties have entered into that are not in conflict with this Agreement. F.Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall operate or be interpreted to expand, increase or extend the jurisdiction of any of the Parties beyond the jurisdiction granted by applicable Arizona law. -11 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page60of207 This Agreement may be executed in counterparts, each of which shall be an original, but G. all of which together shall constitute one and the same Agreement. I, the Parties have executed this Agreementas of the last date set forth N WITNESS WHEREOF below their respective signatures. The“T”:The “SD”: OWNCHOOLISTRICT TM, an Arizona municipal MUSDN.6,an OWN OF ARANAARANANIFIEDCHOOLISTRICTO corporationArizona political subdivision By:By: Ed Honea, MayorDan Post, Board President Date:Date: A:A: TTESTTTEST Jocelyn C. Bronson, Town ClerkJohn Lewandowski, BoardClerk The “FD”: IREISTRICT NFD.,an Arizona ORTHWESTIREISTRICT special taxing district By: George Carter, Board Chairman Date: A: TTEST Tim Clayton, BoardClerk -12 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page61of207 INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Agreement byand between the Townof Marana, Marana Unified School District No.6andNorthwest Fire Districthas been reviewed pursuant to A.R.S. § 11-952 by the undersigned , for their respective clients, who have determinedthat it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Town of Marana: Frank Cassidy, Town AttorneyDate Marana Unified School District No. 6: John C. Richardson, Attorney for the DistrictDate Northwest Fire District: Thomas Benavidez, Attorney for the DistrictDate -13 - {00039252.DOC / 3} MaranaCouncilMeeting9/16/2014Page62of207 MaranaCouncilMeeting9/16/2014Page63of207 MaranaCouncilMeeting9/16/2014Page64of207 MARANA RESOLUTION NO. 2014-085 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN INTERGOVERNMENTALAGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION ANDTHE TOWN OF MARANA RELATING TO THE I-10 / TWIN PEAKS TRAFFIC INTERCHANGE. WHEREASthe Arizona Department of Transportation and the Town of Marana entered into an intergovernmental agreement in 2007, authorized by Marana Resolution No.2007-109, to facilitate the construction of the new I-10 Twin Peaks Traffic Interchange; and WHEREAS the Arizona Department of Transportation requests amendment of the 2007 intergovernmental agreement to address ongoing maintenance and landscaping of the new I-10 Twin Peaks Traffic Interchange; and WHEREASthe Mayor and Council of the Town of Marana feel it is in the best interests of the Town of Maranato enter into this intergovernmentalagreementamendment. NOW, THEREFORE, BE IT RESOLVEDBY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that “Amendment No. One to Intergovernmental Agreement between the State of Arizona and the Town of Marana” (ADOT File No. IGA/JPA 06-148-I; ADOT CAR No. 13-0001543-I; Amendment No. One: 14-0004629-I; AG Contract No. KR07-0594TRN; ADOT Project H5838 01D/01C)between the Town of Marana and the State of Arizonaacting by and through its Department of Transportation, attached to and incorporated by this reference in this resolution as Exhibit A,is hereby approved, and the Mayor is hereby authorized to exe- cute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town’sManager 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 intergovernmental agreementamendment. PASSEDAND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16thday of September, 2014. Mayor Ed Honea ATTEST:APPROVED AS TO FORM: Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney Marana Resolution No. 2014-0859/11/2014 3:04 PM FJC MaranaCouncilMeeting9/16/2014Page65of207 I ADOT File No.: IGA/ JPA06-148- ADOT CAR No.: 13-0001543-I I Amendment No. One:14-0004629- AG Contract No.: KR07-0594TRN Project: Twin Peaks Linda Vista TI Federal-aidNo.: N/A ADOT Project: H5838 01D/01C CFDA No.: 20.205 Highway Planning - and Construction Budget Source Item No.: 14506 AMENDMENT NO. ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA THISAMENDMENT NO. ONEto INTERGOVERNMENTAL AGREEMENT (the “AmendmentNo. One”), entered into this date ____________________, 2014, pursuant to Arizona Revised Statutes §§ 11-951through11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State"or “ADOT”) and theTOWN OF MARANA, acting by and through itsMAYORand TOWNCOUNCIL(the “Town”). The Townand State are collectively referred to as the “Parties.” WHEREAS , the INTERGOVERNMENTAL AGREEMENT,JPA/IGA06-148-I, A.G. Contract No. KR07- 0594TRN, was executed onAugust 1, 2007, (the “Original Agreement”); WHEREAS, the State is empowered by Arizona Revised Statutes § 28-401 to enter into this Amendment No. Oneandhas delegated to the undersigned the authority to execute this AmendmentNo.Oneon behalf of the State; WHEREAS, the Townis empowered by Arizona Revised Statutes § 09-240to enter into this Amendment No.Oneandhas by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this AmendmentNo.One and has authorized the undersigned to execute this AmendmentNo. One on behalf of theTown; and NOW THEREFOREin consideration of the mutual agreements expressed herein, the purpose of , thisAmendment No. Oneis to define maintenance responsibilitiesfor ADOT andthe Town. The Parties desire to amend the Original Agreement, as follows: MaranaCouncilMeeting9/16/2014Page66of207 I Page2ADOT File No.: IGA/JPA 06-148- I ADOT CAR No.:13-0001543- I Amendment No. One: 14-0004629- II.SCOPE OF WORK Section II. Paragraph2.j.isrevised and replaced,as follows: 2. The Town shall: j. After construction, be responsible for ownership and maintenance of the portion of the Project outside of ADOT’s right-of-way limits; be responsible for maintenance of the portion of the Project inside of ADOT’s right-of-way limits,as specified belowand per Exhibit 3;and waive the requirements of Arizona Revised Statutes §28-7209. No outdoor advertising structures shall be placed within the Project limits. (Area depicted on Exhibit 2 outside the above listed areas will be abandoned by Arizona Transportation Board Resolution upon completion of the Project.) i. Perform routine maintenance of State right-of-way and easements on Twin Peaks Roadincludingsweeping of the roadway surface, sidewalks, curbs and medians. Also maintain paint, artwork andgraffiti abatement within the Twin Peak traffic interchange. ii. Perform routine Maintenance of ALL signs on Twin Peaks Road and frontage roads. These signs will be replaced on an as needed basis when damaged, vandalized, removed or faded to where reflectivity is below standard. iii.Perform routine maintenance of the paint striping and legends on Twin Peaks Road including crosswalks, stop bars, turn lane legends and lane and shoulder striping. iv. Properly maintain sidewalks in a safe condition. Maintenance will include,but not be limited to,keeping the pathway surface and surrounding area free of debris, undesirable weeds and grasses, trash and litter. The sidewalk surface will be repaired or concrete slabs replaced as necessary to correct trip hazards and any erosion around the sidewalk shall be maintained to the final grade at time of completion of the sidewalk construction. v. Be responsible for the water and electrical utility costs and the backflow testing for the landscape irrigation system. vi. Perform routine maintenance of publicly owned landscaping and irrigation system and to assure permitted landscaping is properly maintained. Maintenance will consist of the following: caring for all plants in accordance with acceptable horticultural practices; keeping rock mulch as a consistent and uniform ground cover; repairing any erosion damage in the landscape area; keeping all areas free of weeds, undesirable grasses and litter; applying insecticide/herbicide sprays and dust to combat diseases and other pests; pruning and replanting vegetation as required; and keeping all landscape features as it was designed and established at the completion of the project. Maintenance of the irrigation system includes all testing, adjusting, repairing, andchecking the operation of the system to keep it fully functional as designed. vii. Assure all maintenance work is conducted in a manner to minimize traffic congestion and interference with through traffic. All traffic control will meet the requirementsof the Arizona Department of Transportation Uniform Traffic Control Manual and the Manual on Uniform Traffic Control Devices, latest edition adopted by the State with their revisions. MaranaCouncilMeeting9/16/2014Page67of207 I Page3ADOT File No.: IGA/JPA 06-148- I ADOT CAR No.:13-0001543- I Amendment No. One: 14-0004629- Section II. Paragraph3. f. isrevised and replacedas follows: 3.The State shall: f. After construction, be responsible for ownership and maintenance of all right-of-way inside and outside of access control as depicted on Exhibit 1,conveyed to the State by the Town through Transportation Board Resolution including: Twin Peaks Road from Tiffany Loop Road station 39+40 left and station 43+64.76 left to Twin Peaks Road station 108+90.31 left and station 110+06 right; Interstate 10 from station 4783+00 to station 4863+00; eastbound frontage road from station 1565+21 to station 1647+01; westbound frontage road from station 1574+06 to station 1627+10. Maintenance of sidewalks, landscaping, landscaping water and electrical costs to maintain the irrigation of said project shall be the responsibility of the Town. III.MISCELLANEOUS PROVISIONS Section III, Paragraph 1. is revised; and Paragraphs 11. and 12. are added, as follows: 1.The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project and related deposits or reimbursement, except any provisions for maintenance shall be perpetual, unless assumed by another competent entity. It is further understood and agreed that in the event the Town terminates this Agreement, the State shallin no way be obligated to maintain said Project The Town assumes full responsibility for . thedesign,plans,specifications, reports, and the engineering in connection therewith of any design contractor cost over-runs and design claims. It is understood and agreed that, the Town shall provide maintenance for the sidewalk, landscaping, irrigation, irrigation water and electrical costs for the irrigation on ADOT’s right-of-way of said Project. 11.The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-4401. 12.The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. EXCEPT AS AMENDEDALL OTHER herein,terms and conditions of the Original Agreement remain in full force and effect. MaranaCouncilMeeting9/16/2014Page68of207 I Page4ADOT File No.: IGA/JPA 06-148- I ADOT CAR No.:13-0001543- I Amendment No. One: 14-0004629- THISAMENDMENT NO.ONE shall become effective upon signing and dating of the Determination Letter by the State’s Attorney General. INACCORDANCEWITH Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the writtendetermination of each Party’s legal counsel and that the Parties are authorized under the laws of this State to enter into this AmendmentNo. One and that the AmendmentNo.Oneis in proper form. IN WITNESS WHEREOF , the Parties have executed this Amendment No. One the day and year first above written. TOWNOFMARANASTATE OF ARIZONA Department of Transportation By ______________________________By ______________________________ ED HONEADALLAS HAMMIT, P.E. Mayor Senior Deputy State Engineer, Development ATTEST: By ______________________________ JOCELYN BRONSON TownClerk MaranaCouncilMeeting9/16/2014Page69of207 - I ADOT File No.: IGA/JPA 06-148 I ADOT CAR No.:13-0001543- I Amendment No. One: 14-0004629- ATTORNEY APPROVAL FORM FOR THE TOWNOF MARANA I have reviewed the above referenced Amendment No. One to the Original Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF MARANA, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes§§ 11-951 through 11-954 and declare this AmendmentNo.One to be in proper form and within the powers and authority granted to the Townunder the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this AmendmentNo.One. DATED this __________________ day of __________________, 2014. ___________________________ TownAttorney MaranaCouncilMeeting9/16/2014Page70of207 MaranaCouncilMeeting9/16/2014Page71of207 REGULAR COUNCILMEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 2, 2014at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:03 Town Clerk BronsonCouncil Member ZieglerVice Mayor p.m. called roll. was excused. Post participated telephonically. There was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Mayor Led by Honea. APPROVAL OF AGENDA. Mayor Honea asked that the agenda be amended to take the Proclamation and the Presentations prior to the Mayor and Council and Manager’s reports. Motionto approve as amended by Council Member Kai, second by Council Member Bowen. Passed unanimously 6-0. CALL TO THE PUBLIC. David Morales spoke regarding his concern over Marana being prepared for lower water levels and drought conditions as reported in the media recently. PROCLAMATIONS September 2, 2014 SMeeting Minutes1 MaranaCouncilMeeting9/16/2014Page72of207 Proclamation honoring Harvey Gill's service to the Town of Marana. Town Clerk Bronson read a proclamation into the record which was presented by Mayor Honea. The Mayor also presented Mr. Gill with an engraved brick that will be placed in the courtyard of the municipal complex to commemorate Mr. Gill’s employment with the Town. Mr. Gill then MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Mayor Honea reported on the Citizens’ Forum presentation he and Mr. Davidson made at the recent League of Cities and Towns conference. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson recognized and thanked the staff who helped prepare for the League of Cities and Towns booth, especially Vickie Hathaway, Tony Hunter and Heath Vescovi-Chiordi. Marana has always presented well at these conferences. Staff continues to collect information for the Council Executive Report which should be available by the end ofthe week. PRESENTATIONS P1: Presentation: Relating to Citizen Engagement; presenting Certificates of Appreciation to Mayor Honea Citizen Forum Delegates (Jocelyn C. Bronson) presented certificates of appreciation to Marcia Jakab and John Officer who completed a two-year term on the Marana Citizens’ Forum. The Mayor noted that Ms. Jakab also serves on the Planning Commission, and Mr. Officer has been a consistent volunteer with the town for many years. He thanked them for their continuing support of the Marana community. CONSENT AGENDA. Motion to approve the Consent Agenda by Council Member McGorray, second by Council Member Comerford. Passed unanimously 6-0. C1: Resolution No. 2014-076: Relating to Development; approving a release of assurances for Oasis Hills II subdivision and acceptance of public improvements for maintenance (Keith Brann) C2: Resolution No. 2014-077: Relating to Municipal Court; approving the appointment of David Berkman and Ted B. Borek as magistrates pro tempore for the Marana Municipal Court; and increasing the rate of pay for all magistrates pro tempore serving the Marana Municipal Court (Jane Fairall) C3: Resolution No. 2014-078: Relating to Police Department; approving and authorizing the Chief of Police to execute a Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2015 (Lisa Shafer) September 2, 2014 SMeeting Minutes2 MaranaCouncilMeeting9/16/2014Page73of207 C4:Resolution No. 2014-079: Relating to the Police Department; approving and authorizing the Safety and Emergency Management Coordinator to execute a revised AED Donation Acceptance Agreement with the GootterFoundation for the purchase of patrol car automated external defibrillators (AED) (Lisa Shafer) C5:Resolution No. 2014-080: Relating to Public Works; approving and authorizing the Mayor to execute an Amendment to Dove Mountain Development Agreements to fund water main relocations needed for the construction of the Moore Road improvements connecting Dove Mountain Boulevard and Camino de Oeste (Frank Cassidy) C6: Resolution No. 2014-081: Relating to Marana Regional Airport; authorizing the Marana Regular Council Meeting 09/02/2014 Page 3 C6:Resolution No. 2014-081: Relating to Marana Regional Airport; authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration for funding in an amount not to exceed $496,763 for reimbursement of cost overruns on the FAA 14 Grant (Airport Road Project); approving an operating transfer of $250,092 from the General Fund to the Airport Capital Fund in the fiscal year 2014-2015 budget to pay the Town’s share of costs for the project (Lisa Shafer) C7: Ordinance No. 2014.021: Relating to Business Regulations; amending Marana Town Code Title 9 (Business Regulations); deleting paragraph B of section 9-1-3 (Fees; payment; term of licenses; annual renewal required) related to liquor license fees; renaming chapter 9-7 (Liquor License Tax) as “Liquor Licenses”; rewriting Chapter 9-7; and designating an effective date (Jane Fairall) C8: Approval of August 5, 2014 Council Meeting Minutes and August 12, 2014 Study Session Minutes. (Jocelyn C. Bronson) LIQUOR LICENSES. Ms. Bronson noted that all three liquor license applications were properly reviewed and posted and that no written protests were received for any application. Staff recommended Council approval for allapplications. Motion to approve a special event liquor license application on behalf of The Humane Society of Southern Arizona, a Series 09 liquor store liquor license application on behalf of Wal-Mart Neighborhood Market #3142, and a Series 3 in-state Microbrewery liquor license application on behalf of Catalina Brewing Company by Council Member McGorray, second by Council Member Bowen. Passed unanimously 6-0. L1: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Tereasa Renee September 2, 2014 SMeeting Minutes3 MaranaCouncilMeeting9/16/2014Page74of207 Wright on behalf of The Humane Society of Southern Arizona for Hogs 'n' Hounds Beer Tasting to be held on Saturday, September 20, 2014 (Jocelyn C. Bronson) L2: Relating to LiquorLicenses; recommendation to the Arizona state liquor board regarding a location transfer Series 09 liquor store liquor license application submitted by Clare Hollie Abel on behalf of Wal-Mart Neighborhood Market #3142, located at 3900 W. Ina Road, Tucson,AZ 85741 (Jocelyn C. Bronson) L3: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 3 In-state Microbrewery liquor license application submitted by Brian Euaine Vance on behalf ofCatalina Brewing Company LLC located at 6918 N. Camino Martin, Suite #120, Tucson, Arizona 85741 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D1: Ordinance No. 2014.022: Relating to Administration; amending Marana Town Code Title 3 (Administration); adding new Chapter 3-5 entitled “Claims and Settlement”; and designating an effective date (Jane Fairall). Ms. Fairall noted that this ordinance gives the Legal Department and the Town Manager the authority to settle minor property damage claims under $15,000. Council Member Bowen asked for clarification that the $15,000 is per claim and the potential for multiple claims in a given fiscal year. Ms. Fairall responded that there is a possibility of a half dozen claims in a fiscal year, but normally the small claims are under $500 and she didn’t recall any claims approaching $15,000 that we either haven’t sent to the insurance company pursuant to our coverage agreement or brought to Council. For purposes of this discussion, the claims are a rock in a windshield or a minor car accident. There is nothing in the ordinance that would prevent staff from coming to Council for direction. Staff would continue to use its good judgment to update Council on the types of claims we are dealing with. Motion to approved by Council Member Kai, second by Council Member Bowen. Passed unanimously 6-0. D2: Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson). No report. EXECUTIVE SESSIONS September 2, 2014 SMeeting Minutes4 MaranaCouncilMeeting9/16/2014Page75of207 Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1: 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. FUTURE AGENDA ITEMS Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT. Motion to adjournat 7:24 p.m.by Council Member McGorray, second by council Member Kai. Passed unanimously 6-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 5, 2014. I further certify that a quorum was present. ________________________________________ Jocelyn C. Bronson, Town Clerk September 2, 2014 SMeeting Minutes5 MaranaCouncilMeeting9/16/2014Page76of207 MaranaCouncilMeeting9/16/2014Page77of207 MaranaCouncilMeeting9/16/2014Page78of207 MaranaCouncilMeeting9/16/2014Page79of207 MaranaCouncilMeeting9/16/2014Page80of207 MaranaCouncilMeeting9/16/2014Page81of207 MaranaCouncilMeeting9/16/2014Page82of207 MaranaCouncilMeeting9/16/2014Page83of207 MaranaCouncilMeeting9/16/2014Page84of207 MaranaCouncilMeeting9/16/2014Page85of207 MaranaCouncilMeeting9/16/2014Page86of207 MaranaCouncilMeeting9/16/2014Page87of207 MaranaCouncilMeeting9/16/2014Page88of207 MaranaCouncilMeeting9/16/2014Page89of207 MaranaCouncilMeeting9/16/2014Page90of207 MaranaCouncilMeeting9/16/2014Page91of207 MaranaCouncilMeeting9/16/2014Page92of207 MaranaCouncilMeeting9/16/2014Page93of207 MaranaCouncilMeeting9/16/2014Page94of207 MARANA RESOLUTIONNO. 2014-086 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; SELECTING THREE POTENTIAL TOPICS FORTHE FALL 2014MARANA CITIZENS’ FORUM WHEREAS on November 15, 2011, the Town Council adopted Resolution No. 2011-100 approving and authorizing the creation of the Marana Citizens’ Forum as a special committee of the Town of Maranato increase citizen engagement, advise Council by developing and recom- mending action plans on issues of importance, tie ideas and action plans to the Strategic Plan and establish a positive feedback loop between the Forum delegates and the Council; and WHEREAS on March 5, 2013, the Town Council adopted Resolution No. 2013-019 which provides that the Town Council shall approve three potential Marana Citizens’ Forum ses- sion topics for each Forum session and that those three potential topics shall then be presented to and voted upon by the Forum delegates in order to select a single topic for the Forum session; and WHEREAS on September 16, 2014, Town staff presented the following four potential topics to the Town Council 1.Assured water supply 2.Citizen engagement in budget management and financial transparency 3.Managing and maintaining infrastructure for current and future development 4.Job creation and retention in Marana WHEREAS the Town Council finds that any three of the four potential topics addressed by this resolution further the objectives of the Strategic Plan and the purpose for which the Ma- rana Citizens’ Forum was created. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the following potential three potential topics for the Fall 2014 Marana Citizens’ Forum session shall be presented to the Marana Citizens’ Forum dele- gates to be voted upon as set forth in Resolution No. 2013-019: 1. 2. 3. Marana Resolution 2014-086 -1 - MaranaCouncilMeeting9/16/2014Page95of207 BE IT FURTHER RESOLVED that 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 this resolution PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF th MARANA, ARIZONA, this 16day of September,2014. ___________________________________ Mayor Ed Honea ATTEST: ___________________________________ Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: __________________________ Frank Cassidy, Town Attorney Marana Resolution 2014-086 -2 - MaranaCouncilMeeting9/16/2014Page96of207 MaranaCouncilMeeting9/16/2014Page97of207 MaranaCouncilMeeting9/16/2014Page98of207 MARANA RESOLUTIONNO. 2014-087 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPOINTING NEW DELEGATES TO THE MARANA CITIZENS’ FORUM WHEREAS on November 15, 2011, the Town Council adopted Resolution No. 2011-100 approving and authorizing the creation of the Marana Citizens’ Forum as a special committee of the Town of Marana to increase citizenengagement, assist Council by developing and recom- mending action plans on issues of importance, tie ideas and action plans to the Strategic Plan and establish a positive feedback loop between the Forum delegates and the Council; and WHEREAS Resolution No.2011-100 described the powers and purpose of the Marana Citizens’ Forum, established the number and qualifications of its membership, established the terms of office for its members, and established procedures for the application, recommendation, appointment and removal of Marana Citizens’ Forum delegates; and WHEREAS on March 5, 2013, the Town Council adopted Resolution No. 2013-019, which revised the appointment procedures and terms of office for delegates to the Marana Citi- zens’ Forum; and WHEREAS Resolution No. 2013-019 provides that a general application process in ac- cordance with Marana Town Code Section 2-6-2 may be conducted in order to fill any vacancy on the Marana Citizens’ Forum; and WHEREAS due to vacancies on the Marana Citizens’ Forum, staff solicited public appli- cations pursuant to Section 2-6-2 for membership in the Forum; and WHEREAS the Mayor andCouncilfind that the appointments addressed by this resolu- tion are in the best interest of the Town and its citizens. Marana Resolution 2014-087 -1 - MaranaCouncilMeeting9/16/2014Page99of207 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONAthat Joshua Alexander, Don Duncan, Kelle Maslyn and Mi- chael Smentek be appointed as at-large members to the Marana Citizens’ Forum effective Sep- tember 1, 2014 for a term of office as described in Resolution No. 2013-019. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF nd MARANA, ARIZONA, this 2day of September,2014. ___________________________________ Mayor Ed Honea ATTEST: ___________________________________ Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: __________________________ Frank Cassidy, Town Attorney Marana Resolution 2014-087 -2 - MaranaCouncilMeeting9/16/2014Page100of207 MaranaCouncilMeeting9/16/2014Page101of207 MaranaCouncilMeeting9/16/2014Page102of207 MaranaCouncilMeeting9/16/2014Page103of207 MaranaCouncilMeeting9/16/2014Page104of207 MaranaCouncilMeeting9/16/2014Page105of207 MaranaCouncilMeeting9/16/2014Page106of207 MaranaCouncilMeeting9/16/2014Page107of207 MaranaCouncilMeeting9/16/2014Page108of207 MaranaCouncilMeeting9/16/2014Page109of207 MaranaCouncilMeeting9/16/2014Page110of207 MaranaCouncilMeeting9/16/2014Page111of207 MaranaCouncilMeeting9/16/2014Page112of207 MaranaCouncilMeeting9/16/2014Page113of207 MaranaCouncilMeeting9/16/2014Page114of207 MARANA RESOLUTION NO. 2014-088 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARYPLAT FOR GLADDEN FARMS BLOCKS 14 & 15 LOTS 1-138 ANDCOMMON AREAS A-1 –A-3; B-1 –B-12 AND C-1 LOCATED APPROXIMATELY AT THE SOUTHEAST CORNER OF TANGERINE FARMS ROAD AND HERITAGE PARK DRIVE WHEREAS,on December 4, 2001, the Mayor and Town Council adopted Resolution No. 2001-155, approving the final block plat for Gladden Farms, Book 55 Page 60; and WHEREAS, on February 1, 2005, the Mayor and Town Council adopted Resolution No. 2005-13, approving the final block plat for Gladden Farms Blocks 13, 14, 15, Book 59, Page 21; and WHEREAS, on January 22, 2008, the Mayor andTown Council adopted Ordinance No. 2008.03, approving a rezoning of Gladden Farms Blocks 14 and 15 from “VC” and “R-8” to “R- 3.5;”and WHEREAS, Rick EngineeringCompany, on behalf of KB HomeTucson, Inc., has applied for approval of a preliminary plat for a 138-lot single-family residential home subdivision within Blocks 14 and 15 of Gladden Farms generally located at the southeast corner of Tangerine Farms Road and Heritage Park Drive; and WHEREAS, the Marana Town Council, at the regularly scheduled meeting on September 16, 2014, determined that the preliminary plat for Gladden Farms Blocks 14 & 15 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the preliminaryplat for Gladden Farms Blocks 14 & 15 Lots 1-138 and Common Areas A-1 –A-3; B-1 –B-12 and C-1 located approximately at the southeast corner of Tangerine Farms Road and Heritage Park Drive is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, th this 16dayofSeptember, 2014. Marana Resolution No. 2014-088 MaranaCouncilMeeting9/16/2014Page115of207 _____________________________ Ed Honea, Mayor ATTEST: ________________________ Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: _________________________ Frank Cassidy, Town Attorney Marana Resolution No. 2014-088 MaranaCouncilMeeting9/16/2014Page116of207 MaranaCouncilMeeting9/16/2014Page117of207 MaranaCouncilMeeting9/16/2014Page118of207 MaranaCouncilMeeting9/16/2014Page125of207 MaranaCouncilMeeting9/16/2014Page126of207 MaranaCouncilMeeting9/16/2014Page127of207 MaranaCouncilMeeting9/16/2014Page128of207 MaranaCouncilMeeting9/16/2014Page129of207 MaranaCouncilMeeting9/16/2014Page130of207 MaranaCouncilMeeting9/16/2014Page131of207 MaranaCouncilMeeting9/16/2014Page132of207 MaranaCouncilMeeting9/16/2014Page133of207 MaranaCouncilMeeting9/16/2014Page134of207 MaranaCouncilMeeting9/16/2014Page135of207 MaranaCouncilMeeting9/16/2014Page136of207 MaranaCouncilMeeting9/16/2014Page137of207 MaranaCouncilMeeting9/16/2014Page138of207 MaranaCouncilMeeting9/16/2014Page139of207 MaranaCouncilMeeting9/16/2014Page140of207 MaranaCouncilMeeting9/16/2014Page141of207 MaranaCouncilMeeting9/16/2014Page142of207 MaranaCouncilMeeting9/16/2014Page143of207 MaranaCouncilMeeting9/16/2014Page144of207 MaranaCouncilMeeting9/16/2014Page145of207 MaranaCouncilMeeting9/16/2014Page146of207 MaranaCouncilMeeting9/16/2014Page147of207 MaranaCouncilMeeting9/16/2014Page148of207 MaranaCouncilMeeting9/16/2014Page149of207 MaranaCouncilMeeting9/16/2014Page150of207 MaranaCouncilMeeting9/16/2014Page151of207 MaranaCouncilMeeting9/16/2014Page152of207 MaranaCouncilMeeting9/16/2014Page153of207 MaranaCouncilMeeting9/16/2014Page154of207 MaranaCouncilMeeting9/16/2014Page155of207 MaranaCouncilMeeting9/16/2014Page156of207 MaranaCouncilMeeting9/16/2014Page157of207 MaranaCouncilMeeting9/16/2014Page158of207 MaranaCouncilMeeting9/16/2014Page159of207 MaranaCouncilMeeting9/16/2014Page160of207 MaranaCouncilMeeting9/16/2014Page161of207 MaranaCouncilMeeting9/16/2014Page162of207 MaranaCouncilMeeting9/16/2014Page163of207 MaranaCouncilMeeting9/16/2014Page164of207 MaranaCouncilMeeting9/16/2014Page165of207 MaranaCouncilMeeting9/16/2014Page166of207 MaranaCouncilMeeting9/16/2014Page167of207 MaranaCouncilMeeting9/16/2014Page168of207 MaranaCouncilMeeting9/16/2014Page169of207 MaranaCouncilMeeting9/16/2014Page170of207 MaranaCouncilMeeting9/16/2014Page171of207 MaranaCouncilMeeting9/16/2014Page172of207 MaranaCouncilMeeting9/16/2014Page173of207 MaranaCouncilMeeting9/16/2014Page174of207 MaranaCouncilMeeting9/16/2014Page175of207 MaranaCouncilMeeting9/16/2014Page176of207 MaranaCouncilMeeting9/16/2014Page177of207 MaranaCouncilMeeting9/16/2014Page178of207 MaranaCouncilMeeting9/16/2014Page179of207 MaranaCouncilMeeting9/16/2014Page180of207 MaranaCouncilMeeting9/16/2014Page181of207 MaranaCouncilMeeting9/16/2014Page182of207 MaranaCouncilMeeting9/16/2014Page183of207 MaranaCouncilMeeting9/16/2014Page184of207 MaranaCouncilMeeting9/16/2014Page185of207 MaranaCouncilMeeting9/16/2014Page186of207 MaranaCouncilMeeting9/16/2014Page187of207 MaranaCouncilMeeting9/16/2014Page188of207 MaranaCouncilMeeting9/16/2014Page189of207 MaranaCouncilMeeting9/16/2014Page190of207 MaranaCouncilMeeting9/16/2014Page191of207 MaranaCouncilMeeting9/16/2014Page192of207 MaranaCouncilMeeting9/16/2014Page193of207 MaranaCouncilMeeting9/16/2014Page194of207 MaranaCouncilMeeting9/16/2014Page195of207 MaranaCouncilMeeting9/16/2014Page196of207 MaranaCouncilMeeting9/16/2014Page197of207 MaranaCouncilMeeting9/16/2014Page198of207 MaranaCouncilMeeting9/16/2014Page199of207 MaranaCouncilMeeting9/16/2014Page200of207 MaranaCouncilMeeting9/16/2014Page201of207 MaranaCouncilMeeting9/16/2014Page202of207 MaranaCouncilMeeting9/16/2014Page203of207 MaranaCouncilMeeting9/16/2014Page204of207 MaranaCouncilMeeting9/16/2014Page205of207 MaranaCouncilMeeting9/16/2014Page206of207 MaranaCouncilMeeting9/16/2014Page207of207