HomeMy WebLinkAbout11/18/2014 Council Agenda PacketMARANA RESOLUTION NO. 2014-114
RELATING TO PERSONNEL; APPROVING AN ADDITIONAL PAID HOLIDAY ON
DECEMBER 26, 2014FOR ELIGIBLE TOWN OF MARANA EMPLOYEES
WHEREAS Section 3-3-1of the Marana Town Code provides that the Town Council
may adopt rules, regulations and directivesto give effect to the Town’s Personnel Policies and
Procedures; and
WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of
Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999, which policies have been
amended from time to time; and
WHEREAS Section 4-4-2(A) of the Personnel Policies and Procedures designates ten
days as Town-approved holidays; and
WHEREAS Section 4-4-2(B) of the Personnel Policies and Procedures provides that the
Council may approve additional holidays in any given calendar year; and
WHEREAS the Council finds that approving an additional paid holiday on December 26,
2014isin the best interests of the Town and its employees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION1. Friday, December 26, 2014is hereby approvedasan additionalpaid
holiday for eligible Town of Marana employees,subject to all established Personnel Policies and
Procedures relating to Town-approved paid holidays.
SECTION2. 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 thisresolution.
PASSED AND ADOPTEDBY THE MAYOR AND COUNCIL OF THE TOWN OF
th
MARANA, ARIZONA, this 18day of November, 2014.
______________________
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
_____________________________________________________
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
Resolution No. 2014-114
MARANA RESOLUTION NO. 2014-115
RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR BOULDER BRIDGE
PASS II AT DOVE MOUNTAIN, LOTS 89-186 AND COMMON AREAS “A” AND “B”
LOCATED APPROXIMATELY 0.2MILES NORTH OF THE INTERSECTION OF DOVE
MOUNTAIN BOULEVARD AND BOULDER BRIDGE PASS.
WHEREAS,the amended Dove Mountain Specific Plan was approved by the Town
Council on July 16, 2002, as Ordinance 2002.13; and
WHEREAS, the Dove Mountain Resort Final Plat was approved by the Town Council on
June 19, 2007, as Resolution 2007-112 and
WHEREAS, the applicant, Baker & Associates Engineering, Inc. representing the
property owners, has applied for approval of a plat for the resubdivision of the Dove Mountain
Resort Final Plat, Block “G”, to create Boulder Bridge Pass IIat Dove Mountain, which consists
of Lots 89 through 186 and Common Areas “A” and “B”, on 40.5 acres, and generally located
0.2miles north of the intersection of Dove Mountain Boulevard andBoulder Bridge Pass, within
Sections 15, 16,21, 22 ofTownship 11 South and Range 12 East; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA,that the final plat for Boulder Bridge Pass IIat Dove Mountain, Lots 89–
186 and Common Areas “A” and “B”, is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 18th day of November, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
Resolution No. 2014-115
MARANA RESOLUTION NO. 2014-116
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A RETROACTIVE EXTENSION,THROUGH NOVEMBER 30,2014, OF THE
EXISTING INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
MARANA AND PIMA COUNTY FOR PROVISION OF WATER CONSUMPTION DATA
AND SEWER USER ACCOUNT BILLING SERVICES; AND APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE A NEW INTERGOVERNMENTAL
AGREEMENT,EFFECTIVE DECEMBER1, 2014, BETWEEN THE TOWN OF MARANA
AND PIMA COUNTY FOR PROVISION OF WATER CONSUMPTION DATA AND
SEWER USER ACCOUNT BILLING SERVICES
WHEREAS Pima County operatesand maintainsa public sanitary sewerage system and
is the designated public sewer system provider for the eastern and southern portions of the Town
of Marana; and
WHEREASthe Town of Maranais the potable water provider for a portion of the area
that receives sewer service from Pima County; and
WHEREASthe Town and Pima County entered into an intergovernmental agreement ef-
fective May19, 2009 for provision of water consumption data and sewer user account billing
serviceswhich (with previously-adopted extensions)terminatedon May 18, 2014 the “Existing
Billing IGA”); and
WHEREAS the Town has sought and Pima County has approved an increase from $0.84
to $1.00 per account per month to cover the Town’s costs of providing the services; and
WHEREAS the Town and Pima County desire to extend the Existing Billing IGA
through November 30, 2014, to close out the old rate; and
WHEREAS the Town and Pima County desire to enter into a new intergovernmental
agreement effective December 1, 2014, for provision of water consumption data and sewer user
account billing services(the “New Billing IGA”), to implement the new rate.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The retroactive extension of the Existing Billing IGAthrough Novem-
ber30, 2014, attached as Exhibit A to and incorporated by this reference in this resolution,is
hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town
of Marana.
SECTION 2. The New Billing IGA attached as Exhibit B to and incorporated by this ref-
erence in this resolution is hereby approved, and the Mayor is hereby authorized to execute it for
and on behalf of the Town of Marana.
Resolution No. 2014-11611/3/2014 1:21 PMFJC
SECTION 3. The Town’s Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and ob-
jectives of the Existing Billing IGA as extended pursuant to this resolution and the New Billing
IGA approved by this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
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MARANA, ARIZONA, this 18day of November,2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
Resolution No. 2014-11611/3/2014 1:21 PMFJC
PIMA COUNTY REGIONAL WASTEWATER
RECLAMATION DEPARTMENT
PROJECT:
Provision of Water Consumption Data
CONTRACTOR
:Town of Marana
CONTRACT NO.:
CT-12*1117
CONTRACT AMENDMENT NO.:
Five (5)
ORIG. CONTRACT TERM:ORIG. CONTRACT AMOUNT:
05/19/2009-05/18/2010$45,000.00
TERMINATION DATE PRIOR AMENDMENT:PRIOR AMENDMENTS:
05/18/14 $180,000.00
TERMINATION THIS AMENDMENT:AMOUNT THIS AMENDMENT:
11/30/14 $ 24,164.00
REVISED CONTRACT AMOUNT:
$249,164.00
CONTRACT AMENDMENT
WHEREAS, COUNTY and CONTRACTOR entered into a Contract for services as referenced above; and
WHEREAS, CONTRACTOR and COUNTY, pursuant to Article 4-Term, have agreed to retroactively extend the
Contract term for a period of 196 DAYS; and
WHEREAS, CONTRACTOR and COUNTY have agreed to increase the contract amount to allow payment for the
continued provision of water consumption dataduring the extended term of the contract.
NOW, THEREFORE, it is agreed as follows:
CHANGE
:ARTICLE I -TERM:
th
From:“... shall terminate on the 18day of May, 2014...”
th
To:“... shall terminate on the 30day of November, 2014...”
CHANGE
:ARTICLE III -PAYMENT:
From:”Total payment for this Contract shall not exceed $180,000.00."
To:”Total payment for this Contract shall not exceed $249,164.00."
The effective date of this Amendment shallretroactively be May 19, 2014.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
Exhibit A to Resolution No. 2014-116
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Revised 06/02/10
All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be
binding upon the parties.
IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below.
APPROVED:CONTRACTOR:
Chair, Board of SupervisorsSignature
DateName and Title (Please Print)
Date
ATTEST
ATTEST:
Clerk of Board________________________________________
Town Clerk
Date_____________________________
Date
APPROVED AS TO FORM
:
Deputy County Attorney
APPROVED AS TO CONTENT
Director, RWRD
______________________________
Director, Pima County Finance
Exhibit A to Resolution No. 2014-116
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Revised 06/02/10
Intergovernmental Agreement Determination
The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has
been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in
proper form and is within the powers and authority granted under the laws of the State of Arizona
to those parties to the Intergovernmental Agreement represented by the undersigned.
PIMA COUNTY:TOWN OF MARANA:
______________________________________________________________
Deputy County AttorneyTown Attorney
Exhibit A to Resolution No. 2014-116
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Revised 06/02/10
Intergovernmental Agreement
between
Pima County
and the
Town of Marana
for
the provision of
Water Consumption Data
This Intergovernmental Agreement (IGA) is entered into by and between Pima County, a body
politicand corporate of the State of Arizona ("County") and the Town of Marana (Town) pursuant to
A.R.S. § 11-952.
Recitals
1.
County and Town may contract for services and enter into agreements with one another for joint
or cooperative action pursuant to A.R.S. § 11-951, et seq.
2.
County and Town desire to exchange proprietary water use information for the purpose of
calculating billings to sewer users.
NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the matters
and things hereinafter set forth, do mutually agree as follows:
Agreement
1.Purpose.
The purpose of this IGA is to exchange water use data for the purpose of calculating,
billing and collecting sewer user fees from the Town's customers.
2.Scope of Services
. See attached Exhibit A (Two (2) pages).
3.Financing
.
a.
For the services described in Item 2 above, the County agrees to pay and the Town
agreesto offset against amounts owed the County, a monthly administrative and billing
fee (collectively, the “Unit Price”) of $1.00 per account per month. Such fees will
reimburse the Town for the cost of billing and collection services each year. Total
payment for this contract shall not exceed $55,000.00 annually. In the event population
growth projections point to a potential exceedence of the $55,000 annual limit, County
and Town agree to meet to discuss increasing funding to allow payment for the
continued provision of services provided, however, the terms of this IGA may only be
amended pursuant to Article 21, below.
b.
No state or municipal taxes are applicable to the IGA.
c.
The Town shall provide detailed documentation in support of requested payment.
Payment requests shall assign all costs to items identified by this section.
Exhibit B to Resolution No. 2014-116
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d.
It is the intention of both parties that the billing fee shall remain firm during the term of
theIGA. Billing fee increases shall only be considered in conjunction with a renewal of
the IGA. In the event that economic conditions are such that a billing fee increase is
desired by the Town upon renewal of the IGA, the Town shall submit a written request
to the County with supporting documents justifying such increase at least 90 days prior
to the termination date of the IGA. It is agreed that the Unit Price shall include
compensation for the Town to implement and actively conduct cost and price control
activities.
4.Term.
The term of this Agreement shall commence on December 1, 2014 and shall terminate on
November30, 2016, unless sooner terminated or further extended pursuant to the provisions of
this Agreement. The parties may renew this Agreement for up to four (4) additional one-year
periods or any portion thereof.
5.Disposal of Property.
Upon the termination of this IGA, all property involved shall revert back
tothe owner. Termination shall not relieve any party from liabilities or costs already incurred
under this IGA, nor affect any ownership of property pursuant to this IGA.
6.Indemnification.
Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the
other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses
(including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out
of bodily injury of any person (including death) or property damage, but only to the extent that
such claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act,
omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents,
employees, or volunteers.
7.Insurance
. Each party shall obtain and maintain at its own expense, during the entire term of this
Contract the following type(s) and amounts of insurance:
a.
If required by law, workers' compensation coverage including employees' liability
coverage.
The above requirement may be alternatively met through self insurance pursuant to A.R.S. §§ 11-
261 and 11-981 or participation in an insurance risk pool under A.R.S. § 11.952.), at no less than
the minimal coverage levels set forth in this article.
Parties to this agreement shall provide thirty (30) days written notice to all parties to this IGA of
cancellation, non-renewal or material change of coverage.
8.Compliance with Laws
. The parties shall comply with all federal, state and local laws, rules,
regulations,standards and Executive Orders, without limitation tothose designated within this
IGA. The laws and regulations of the State of Arizona shall govern the rights of the parties, the
performance of this IGA and any disputes hereunder. Any action relating to this IGA shall be
brought in an Arizona court in PimaCounty.
9.Non-Discrimination.
The parties shall not discriminate against any County employee, client or
anyother individual in any way because of that person's age, race, creed, color, religion, sex,
disability or national origin in the course of carryingout their duties pursuant to this IGA. The
parties shall comply with the provisions of Executive Order 75-5, as amended by Executive Order
99-4, which is incorporated into this IGA by reference, as if set forth in full herein.
Exhibit B to Resolution No. 2014-116
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10.ADA
. The parties shall comply with all applicable provisions of the Americans with Disabilities
Act(Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under
the Act, including 28 CFR Parts 35 and 36.
11.Severability.
If any provision of this IGA, or any application thereof to the parties or any person
orcircumstances, is held invalid, such invalidity shall not affect other provisions or applications
of this IGA which can be given effect, without the invalid provision or application and to this end
the provisions of this IGA are declared to be severable.
12.Termination/Cancellation
. This Agreement may be terminated by either the County or the
Town with written one hundred-twenty (120) day notice.
13.Conflict of Interest.
This contract is subject to cancellation for conflict of interest pursuant to
A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference.
14.Non-Appropriation.
Not withstandingany other provision in this IGA, this IGA may be
terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient
monies for the purpose of maintaining this IGA. In the event of such cancellation, the County
shall have no further obligation to the Town other than for payment for services rendered prior to
cancellation.
15.Legal Authority
. Neither party warrants to the other its legal authority to enter into this IGA. If a
court,at the request of a third person, should declare that either party lacks authority to enter into
this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and
void, and no recovery may be had by either party against the other for lack of performance or
otherwise.
16.Worker's Compensation
. Each party shall comply with the notice of A.R.S. § 23-1022 (E). For
purposesof A.R.S. §23-1022, each party shall be considered the primary employer of all
personnel currently or hereafter employed by that party, irrespective of theoperations of protocol
in place, and said party shall have the sole responsibility for the payment of Worker's
Compensation benefits or other fringe benefits of said employees.
17.No Joint Venture
. It is not intended by this IGA to, and nothing contained inthis IGA shall be
construed to, create any partnership, joint venture or employment relationship between the parties
or create any employer-employee relationship between County and any Town employees, or
between Town and any County employees. Neither party shall be liable for any debts, accounts,
obligations or other liabilities whatsoever of the other, including (without limitation) the other
party's obligation to withhold Social Security and income taxes for itself or any of its employees.
18.No Third Party Beneficiaries
. Nothing in the provisions of this IGA is intended to create duties
orobligations to or rights in third parties not parties to this IGA or affect the legal liability of
either party to the IGA by imposing any standard of care with respect to the maintenance of
public facilities different from the standard of care imposed by law.
19.Notice
. Any notice required or permitted to be given under this IGA shall be in writing and shall
be served by delivery or by certified mail upon the other party as follows (or at such other address
as may be identified by a party in writing to the other party):
Exhibit B to Resolution No. 2014-116
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COUNTY:
TOWN:
Director
Town Manager
Regional Wastewater Reclamation Dept.
Town of Marana
th
201 N. Stone, 8Floor
11555 W. Civic Center Drive
Tucson AZ 85701
Marana AZ 85653
With copies to:
With copies to:
County Administrator
Town Attorney
Pima County
Town of Marana
th
130 W. Congress, 10Floor
11555 W. CivicCenter Drive
Tucson AZ 85701
Marana AZ 85653
and:
Clerk of the Board
Pima County
th
130 W. Congress, 5Floor
Tucson AZ 85701
20.Legal Arizona Workers Act Compliance
.
a.
Town hereby warrants that it will at all times during the term of this Contract comply
withall federal immigration laws applicable to Town's employment of its employees,
and with the requirements of A.R.S. § 23-214 (A) (together the "State and Federal
Immigration Laws"). Town shall further ensure that each Subcontractor who performs
any work for Town under this contract likewise complies with the State and Federal
Immigration Laws.
b.
County shall have the right at any time to inspect the books and records of Town and
anySubcontractor in order to verify such party's compliance with the State and Federal
Immigration Laws.
c.
Any breach of Town's or any Subcontractor's warranty of compliance with the State and
FederalImmigration Laws, or of any other provision of this section, shall be deemed to
be a material breach of this Contract subjecting Town to penalties up to and including
suspension or termination of this Contract. If the breach is by a Subcontractor, and the
subcontract is suspended or terminated as a result, Town shall be required to take such
steps as may be necessary to either self-perform the services that would have been
provided under the subcontract or retain a replacement subcontractor, (subject to County
approval if MWBE preferences apply) as soon as possible so as not to delay project
completion.
d.
Town shall advise each Subcontractor of County's rights, and the Subcontractor's
obligations,under this Article by including a provision in each subcontract substantially
in the following form:
"Subcontractor hereby warrants that it will at all times during the term of this contract
comply with all federal immigration laws applicable to Subcontractor's employees, and
with the requirements of A.R.S. § 23-214 (A). Subcontractor further agrees that County
may inspect the Subcontractor's books and records to insure that Subcontractor is in
Exhibit B to Resolution No. 2014-116
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compliance with these requirements. Any breach of this paragraph by Subcontractor will
be deemed to be a material breach of this contract subjecting Subcontractor to penalties
up to and including suspension or termination of this contract."
21.Entire Agreement
. This document constitutes the entire Agreement between the parties
pertainingto the subject matter hereof, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be
modified, amended, altered or extended except through a written amendment signed by the
parties and recorded with the Pima County Recorder, or Arizona Secretary of State, whichever is
appropriate.
In Witness Whereof,County has caused this Intergovernmental Agreement to be executed by the
Chairmanof its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the
Board, and Town has caused this Intergovernmental Agreement to be executed by the Mayor, Town of
Marana, upon resolution of the Mayor and attested to by the Town Clerk.
PIMA COUNTY:TOWN OF MARANA:
_______________________________________________________________
Chairperson, Board of SupervisorsMayor, Town of Marana
ATTEST:ATTEST:
_______________________________________________________________
Clerk of the BoardTown Clerk
Date: ____________________Date: ___________________
APPROVAL:
The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has
been reviewed by the undersigned, and is hereby approved as to content.
PIMA COUNTY:TOWN OF MARANA:
______________________________________________________________
Director, RWRD
________________________________
Director,Finance Department
Exhibit B to Resolution No. 2014-116
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Intergovernmental Agreement Determination
The foregoing Intergovernmental Agreement betweenPima County and the Town of Marana has
been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in
proper form and is within the powers and authority granted under the laws of the State of Arizona
to those parties to the Intergovernmental Agreement represented by the undersigned.
PIMA COUNTY:TOWN OF MARANA:
______________________________________________________________
Deputy County AttorneyTown Attorney
Exhibit B to Resolution No. 2014-116
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EXHIBIT A: Scope of Services
The Town shall provide the following sewer billing and collection services for the County:
A.
Provide water consumption data for each water and sewer account and provide monthly billings
and collection of these accounts monthly.
B.
Update all water and sewer accounts (turn-on and turn-off) to maintain an accurate active
customer file.
C.
Bill and disconnect delinquent sewer accounts in same manner the Town uses to bill and
disconnect delinquent water accounts and transmit to the County for collecting those delinquent
sewer accounts that cannot be collected through the water billing system.
D.
Process sewer user fee adjustments transmitted by the County and adjust sewer user fees in
accordance with adjustment policies authorized by the County.
E.
Maintain an accurate, computerized sewer billing and accounts receivable.
F.
Provide the County with read-only access to the computerized customer billing system
maintained by the Town.
G.
Provide the County with winter (December, January and February) water use data for those
sewer users on the Town water system.
H.Consistent with Pima County Code §13.24.120(D), process all customer wastewater
account vacant/vacation requests.
I.Provide a monthly report of vacant/vacation requests processed by the Town, including the
account number, customer name, service address, initiation date of vacancy, and the
termination date of vacancy.
J.
Provide the County with all necessary and agreed upon computer-oriented reports required to
effectively manage the revenues and customer accounts of the sewer utility.
K.
Provide the County with the ability to insert sewer utility-related information into the monthly
customer billings.
J. Upon receipt of sewer user fee payments, the Town shall deposit the funds with the County
Treasurer as per the agreed upon schedule.
K. At the County's option, the Town shall provide a register showing active account status of each
account on a monthly basis and will provide a final delinquent account register of all accounts
considered as the inactive final billing register.
L. At the request of the County, the Town shall provide to the County all data related to the billing
and collection of sewer user fees within the Town, at no cost to the County.
M. The Townshall provide a Project Manager for this Agreement who shall serve as liaison with
the County on all issues relating to this Agreement.
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EXHIBIT A: Scope of Services
N. The Town shall provide the County with the opportunity to provide input to any billing system
changes prior to implementation.
O. The Town shall cooperate with the County to develop procedures and reporting
modifications to satisfy deficiencies identified in yearly audits.
P. To the extent possible, the Town shall provide additional computer services in the formof
special computer programs or printouts to the County at no cost.
Q. The Town shall maintain books, records, documents and other evidence directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
and practices consistently applied. The Town shall also maintain the financial information and
data used by the Town in the preparation or support of the cost submission and a copy of the
cost summary submitted to the County. The County shall have access to such books, records,
documents and other evidence for inspection, audit and copying. The Town shall provide
proper facilities for such access and inspection.
R.
Audits conducted under this provision shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or audit agency(ies).
S. The Town agrees to the disclosure of all information and reports resulting from access to
records, as described in Item Q, to the County designated auditor, provided that the Town is
afforded the opportunity for an audit exit conference and an opportunity to comment and
submit any supporting documentation on the pertinent portions of the draft audit report and that
the final audit report will include written comments of reasonable length, if any, of the Town.
T. At the request of the County and with the concurrence of the Town, the Town may provide
billing and collection services for sewer accounts receiving water from private water
companies:
1. If the Town agrees to provide billing and collection services for these accounts, the
County shall pay fees as described in Article 3: Financing.
The County shall provide the following services for the Town:
A.
Adjust the Town sewer user fee accounts as required.
B.
Answer sewer user complaints from the Town customers.
C.
Accept responsibility to collect all delinquent sewer accounts served by the Town after they
have been written off to bad debt expense by the Town.
D.
Inspect and identify any computer errors and notify the Town of any necessary changes.
E.
The County and Town will review and adjust the monthly administrative billing fee on an
annual basis, provided the fees are appropriate.
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EXHIBIT A: Scope of Services
F.
The County and the Town agree to provide security measures for all hardware and software to
assure confidentiality of all data. Each entity is to provide security for its own facility and
information.
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MARANA RESOLUTION NO. 2014-117
RELATING TO ADMINISTRATION; APPROVING THE TRANSFER OF $80,000IN
BUDGETED EXPENDITUREAUTHORITY FROM THE GENERAL FUND
CONTINGENCY LINE ITEM TO THE RESTRICTED BUDGETLINE ITEMS WITHIN
VARIOUS TOWN DEPARTMENTSIN THE FISCAL YEAR 2013-2014BUDGET FOR
UNANTICIPATED COSTS
WHEREAS on June 18, 2013, the Town Council adopted the fiscal year 2013-2014
budgetary document and overall financial plan which set the legal level of budgetary control at
the department level for the General Fund and at the fund level for all other funds; and
WHEREAS certain departments incurred unanticipated costs which could not be offset
by savings within other budgetary line items; and
WHEREAS transferring amounts withinthefiscal year 2013-2014budget will not signif-
icantly impact the General Fund; and
WHEREAS reallocations of budgetary amounts between the contingency line item in the
General Fund to other line items are necessary from time to time; and
WHEREAS the Council finds that the reallocationsaddressed by this resolution arein the
best interest of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The transfer of$80,000 from theGeneral Fund’s budgeted contingencyline
item to the restricted budgetline items within various Town departments in the fiscal year 2013-
2014budget, as set forth inExhibitA, attached toand incorporated by this referencein this reso-
lution, is hereby approved.
SECTION 2.The Town’s Manager and staff are hereby directed and authorized to un-
dertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of this resolution.
-1 -
Resolution No. 2013-117
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
th
MARANA, ARIZONA, this 18day of November,2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
-2 -
Resolution No. 2013-117
Town of Marana
Schedule of General Fund Budget Adjustments –Fiscal year 2013-2014
Exhibit A
DepartmentIncreaseDecrease
Town Clerk$ 5,000
Police75,000
Contingency$80,000
Total$80,000$80,000
MARANA ORDINANCENO. 2014.027
RELATING TO FINANCE; AMENDING THE TOWN OF MARANA COMPREHENSIVE
FEE SCHEDULE; AND DECLARING AN EMERGENCY
WHEREAS the Town Council is authorized by A.R.S. §9-240(A) to control the finances
of the town; and
WHEREAS the Town Council, via Ordinance No. 2014.016, adopted an amended
comprehensive fee schedule for fiscal year 2014-2015on May 20, 2014; and
WHEREAS amending the comprehensive fee schedule as set forth in this ordinanceis in
the best interests of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1.The Town of Marana comprehensive fee schedule adopted pursuant to
Marana Ordinance No. 2014.016is hereby amended as follows (with deletions shown with
strikeoutsand additions shown with double underlining)(only the amended fee is shown; all
other fees remain unchanged):
Fee/DescriptionAmountUnit of Notes
Measure
UTILITIES
Form A Permit -Marana Water; Construction Cost Fee See note Per submittal Fee is the greater of
$1,000$200or
2.5% of the
construction cost.
SECTION 2.The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
SECTION 3.All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed as of the effective date of this ordinance; provided, however, that this
repeal shall not affect the rights and duties that matured or penalties that were incurred and
proceedings that were begun before the effective date of the repeal.
SECTION 4.If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
-1 -
Ordinance No. 2014.027
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 5.Since it is necessary for the preservation of the peace, health and safety of
the Town of Marana that this ordinance become immediately effective, an emergency is hereby
declared to exist, and this ordinance shall be effective immediately upon its passage and
adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 18thday of November, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
-2 -
Ordinance No. 2014.027
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Arizona Department of Liquor Licenses and Control
800 West Washington, 5th Floor
Phoenix, Arizona 85007
www.azliquor.gov
602-542-5141
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Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
Series 6 Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lotteryor for purchase on the open market. Once issued, this liquor license is
transferablefrom person to person and/or location to location within the same county
and allows the holder both on-& off-sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the
area of off-sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on-& off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off-
sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go")
package sales can be made on the bar premises as long as the area of off-sale operation
does not utilize a separate entrance and exit from the one providedfor the bar. Payment
must be made no later than the time of delivery.
{00018233.DOC / 2}
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
Series 9 Liquor Store
The liquor store (series 9) license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, thisliquor license is
transferable from person to person and/or location to location within the same county
and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in
the original unbroken package, to be taken away from thepremises of the retailer and
consumed off the premises. A retailer with off-sale privileges may deliver spirituous
liquor off of the licensed premises in connection with a retail sale. Payment must be
made no later than the time of delivery. Series 9 (liquor store) licensees and applicants
may apply for unlimited sampling privileges by completing the Sampling Privileges
form.
Series 10 Beer and Wine Store
This non-transferable, off-sale retail privileges liquor license allows a retail store to sell
beer and wine (no other spirituous liquors), only in the original unbroken package, to
be taken away from the premises of the retailer and consumed off the premises. A
retailer with off-sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Payment must be made no later than the time
of delivery. Series 10 (beer and wine store) licensees and applicants may apply for
unlimited sampling privileges by completing the Sampling Privileges form.
Series 11 Hotel/Motel
This non-transferable, on-sale retail privileges liquor license allows the holder of a
hotel/motel license to sell and serve all types of spirituous liquor solely for
consumption on the premises of a hotel or motel that has a restaurant where food is
served on the premises. The restaurant on the licensed premises must derive at least
forty percent (40%) of its gross revenue from the sale of food. The holder of this license
may sell spirituous liquor in sealed containers in individual portions to its registered
guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty-one (21) years of age. Access to the
minibar is provided by a key or magnetic card device and may not be furnished to a
guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 12 Restaurant
This non-transferable, on-sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve all types of spirituous liquor solely for consumption
on the premises of an establishment which derives at least forty percent (40%) of its
gross revenue from the sale of food. Failure to meet the 40% food requirement may
result in revocation of the license.
{00018233.DOC / 2}
MARANA RESOLUTION NO. 2014-118
RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; REVISING THE
NUMBER OF MEMBERS, THE MEMBER TERMS OF OFFICE AND THE APPOINTMENT
ANDREAPPOINTMENT PROCEDURES FORMEMBERS OFTHE MARANA CITIZENS’
FORUM;AND REVISING THE FORMAL MARANA CITIZENS’ FORUM PROCESS
WHEREAS Section2-6-1(A)of the Marana Town Codeauthorizesthe Town Council to
create and dissolve those special and standingboards, commissionsand committeesas the
Council deems necessary; and
WHEREAS Section 2-6-1(B) of the Marana Town Code provides that the resolution
creating a board, commission or committee shall describe the powers and purpose of the board,
commission or committee and shall establish the number and qualifications of its membership;
and
WHEREAS Section 2-6-2 of the Marana Town Code sets forth procedures for the
application, recommendation, appointment and removal of board, commission or committee
members; and
WHEREAS Section 2-6-3 of the Marana Town Code provides that the resolution creating
a special board, commission or committee shall establish the terms of office for its members; and
WHEREAS Section 2-6-4 of the Marana Town Code provides that the Council mayby
resolutionmodify any of the procedures set forth in Section 2-6-2 related to the application,
recommendation, appointment and removal of board, commission or committee membersfor a
particular board, commission or committee; and
WHEREAS on November 15, 2011, the Town Council adopted Resolution No.
2011-100, creating the Marana Citizens’ Forum as a special committee of the Town of Marana,
describing the powers,purposesand processesof the Forum, establishing the number and
qualification of its membership, the terms of office ofits members,and the application,
recommendation, appointment and removal processes for Forum members; and
WHEREAS on March 5, 2013, the Town Council adopted Resolution No. 2013-019
revising the number of members, the member terms of office and the appointment,
reappointment and removal procedures for Forum members and revising the formal Forum
process; and
WHEREAS the Town Council finds that revision of various aspects of the Marana
Citizens’ Forum as addressed by this resolution is in the best interest of the Town.
-1 -
Resolution No. 2014-118
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1.The number of members, the member terms of office, and the appointment
andreappointment processes for members of the Marana Citizens’ Forum are hereby revisedas
set forthin ExhibitA, attached to and incorporated by this reference in this resolution.
SECTION 2.The formal Marana Citizens’ Forum process is hereby revised as set forth
in Exhibit A.
SECTION 3.Marana Citizens’ Forum members appointed prior to the adoption of this
resolution who remain on the Forum shall be subject to the revisionsset forth in Exhibit A,
including the revised terms of office.
SECTION 4.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 ofthis resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18thday of November, 2014.
______________________
Mayor Ed Honea
ATTEST:
__________________________
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
_________________________
Frank Cassidy, Town Attorney
-2 -
Resolution No. 2014-118
EXHIBIT A TO MARANA RESOLUTION NO. 2014-118
Marana Citizens’Forum
Introduction
The Marana Citizens’Forum is created as a special committee of the Town of
Marana. The Forum is aninnovative method for increasing citizen engagement
and fostering community participation in Town functions and activities in an
effective and sustainable manner.
Powers
The Marana Citizens’ Forum is vested with the power to discuss,developand
recommendto the Town Council feasible action plans and solutionsthat are
aligned with the Town’s Strategic Planregarding Town-wide, multi-disciplinary
issues.
Purpose
The purpose of the Marana Citizens’ Forum is as follows:
Increase citizen engagementin a meaningful way
Advisethe Council by developing and recommending action plans on
issues of importance
Tie ideas and action plans to the Strategic Plan
Establish a positive feedback loop between the Forum delegates and the
Council
Number and Qualifications of Delegates
The Marana Citizens’Forum willhaveno less than 15 and no more than 32
delegates at any one time, with the optimal number being25 delegates. These
delegates will comefrom various backgrounds and experiences and maybe:
Marana residents or business owners;or
1
EXHIBIT A TO MARANA RESOLUTION NO. 2014-118
Appointeesof Marana Regional Partners: theMarana Unified School
District(MUSD), the Northwest Fire District (NWFD), the Marana Health
Center (MHC), andthe Marana Chamber of Commerce(these appointees
may be Marana residents or business owners, but are not required to be);
or
Other experts from the greater Marana area
Atleast 51% of the membership of the Forum at any one time must be made up
of Marana residents and business owners.
DelegateTerms of Office
Each Marana Citizens’ Forum delegateshall serve for six consecutive Forum
sessionsof approximately 12 weeks each, and is subject to reappointment as set
forth herein.
Councilmember and Marana Regional PartnerDelegateAppointmentand
Reappointment
Each Town of Marana Councilmembermay appoint up to two delegatesand
each Marana Regional Partner may appoint onedelegate to the Forum. These
Councilmember and Regional Partner appointees do not require consideration
and approval by the full Town Council.Councilmember and Regional Partner
delegates can be reappointed for an indefinite number of consecutive terms.
Councilmember and Regional Partner appointments can be made at any time
there is a vacancy. If made during an active session, the appointment will
become effective at the next scheduled session.
If a Councilmember or Regional Partner delegateresigns,is removedor declines
reappointment, the Town will seek a new appointment from the Regional
Partner or Councilmember that appointed the resigning/removeddelegate.
At-Large Delegate Appointment and Reappointment
To reach the optimal goal of 25delegates,the Town will then initiate anat-large
appointmentprocess open to the public. The Town will solicit applications that
will be reviewed and vetted by the Town Managerand/or designated staff. The
Town Manager or designee will then make at-large appointments to the Forum
based on qualifications and interests of the applicants. At-largedelegate
appointmentsdo not require consideration and approval by the Town Council.
2
EXHIBIT A TO MARANA RESOLUTION NO. 2014-118
Upon the expiration of an at-large delegate’s term, the delegate must take a leave
forat least one Forum session. The delegate may then reapply to serve on the
Forum under the at-large appointment process described in this section.
Removal of Delegates
Removal of Marana Citizens’ Forum delegates shall be in accordance with
Section 2-6-2(G) of the Marana Town Code, except for removal of delegates due
to poor attendance at Forum meetings. Forum delegates who are absent without
prior excuse from twoor more meetings during a Forum sessionshall be
considered to have resigned and the Town shall not be required to take any
further action to remove the delegatefrom the Forum membership.
Marana Citizens’ Forum Process
Forum Sessions
Town staff will determine the number of Forum sessions that will take place in
anygiven calendar year, but generally it will range from four to sixsessions per
year. Each Forum session will encompass fivemeetings of the full membership
as described herein and will takeapproximately12weeksto complete.
Topic Selection
Potential Forum session topics may be submitted by Forum delegates,
Councilmembers,and Town staff. The Council will consider potential topics,
and each Councilmember will be asked at a Council meeting to identify his or
her top three preferences which will then be tallied to arrive at the top three
topics. Town staff will prepare a brief background report for each of thethree
Council-approved topics to provide context for the topics, and the topics and
background reports will be presented tothe Forum at the orientation meeting.
Atopic will be selected by a vote of the Forum. Topics not selected will be
returned to the topic list, if applicable.
Phase 1: OrientationMeeting
During the orientation meeting, Forum delegates will be introduced or
re-introducedto the Forum process. Additionally, Forum delegates will be
provided with background information and written materials regarding the
Town. Forum delegates will also be provided with expectations regarding
attendance at Forum meetings and guidelines for meetings, and will be asked to
sign a pledge committingto the Forum process.
3
EXHIBIT A TO MARANA RESOLUTION NO. 2014-118
Forum delegates will then be presented with theCouncil-approvedpotential
session topics and background reports discussed above. Delegates will engage in
full discussion of the potential topics and will then select onetopic for the Forum
session via a majority vote of the delegates present at the orientation meeting.
Phase2: Namingthe Issues
The Phase 2 meeting will consist of an introduction to the topic selected for the
Forumsession, followed by a high-level discussion identifying and naming the
various issues associated with the topic.
At the end of thismeeting, the Forum may request quantitative data regarding
the agenda issues from Town of Marana staff. This data is meant toprovide
background and support for the delegates’decision-makingand should be data
that is readily accessible.
Phase3:Framing the Issues
In this phase, the full Forum willmeet and Town staff will present any
previouslyrequested data. Staff will be available to answer questionsfrom
Forum delegates.
If theForum delegates chooseto do so, they may form subgroups to focus on a
specific portion of the issuesunder discussion. These meetings would be
independent from the Forum process meetings.
Once the data is presented,the Forum delegates shall finalize the issues for
discussion and deliberation in Phase 4: Public Deliberation, described below,
based on the direction previously provided in the background report. Townstaff
will develop strong guiding questions to lead the Forum delegates though the
Phase4 discussion.
Phase 4: Public Deliberation
The Phase 4:Public Deliberation meetingwill be facilitatedby a trained
facilitatorand will be recorded by a trained scribe. The facilitator is vital to this
process by keeping the Forum discussion on topic and encouraging participation
and commitment in suggested projects. The scribe will summarize and
synthesize the opinions of the Forum delegates on the issuesat handand create a
consensus statement from these opinions.
Forum delegates will discuss the identified issues with the collected and
presented data. TheMarana Citizens’ Forum istasked with developingspecific,
4
EXHIBIT A TO MARANA RESOLUTION NO. 2014-118
detailedaction plans to present totheMarana Town Council. The plans and
projectsthat are discussed within this meeting should be feasible and aligned
with the Town’s Strategic Plan. Forum delegates are asked to commit to
implement their chosen action plans.
The goal of the process is to reach consensus regarding the action plans and
projects to be presented to the Town Council. Consensus does not mean
unanimity in this context, but general agreement among the Forum delegates.
Generally, consensus is reached when no one wants to add anything and no one
objects strongly to the wordingof the consensus statement drafted by the scribe
and read back to the Forum delegates.
At the end of the meeting, a small working group of no more than three
delegates will be selected to design and construct the presentation to Councilas
described below. A potential presenter will be selected from the design group.
Phase5:Construction
The delegates selected to design and construct the presentation to Council will
meetwith Town staff during this phase. Town staff includes, but is not limited
to,the Forum administrators and theTown’sgraphics designer.
Phase6:Review
The draft presentation to Council that was created in Phase 5will be reviewed by
the full Forummembership for edits, changes or additions.
Phase 7:Presentation
After Phase6: Review, the Forum recommendations will be presented to Council
for consideration during a regular Council meeting.
Advisory ReviewMeetings
Ad Hoc
In addition to the formal Marana Citizens’ Forum Process described above, from
time to time the Town may utilize the Forum as an advisory review
ad hoc
committeefor various Town issues and concerns. In such instances, Town staff
may convene the Forum for a “lighting round” in which the Forum process will
be condensed to one meeting for review, discussion and recommendations on the
issue or issues as presented by Town staff. As with all meetings of the Forum,
theseadvisory review meetings shall be held in compliance with the
ad hoc
Arizona open meeting law.
5
MARANA RESOLUTION NO. 2014-119
RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; ESTABLISHING A
SPECIAL COUNCIL COMMITTEE TORECEIVE AND REVIEW APPLICATIONS FOR
AND MAKE RECOMMENDATIONS TO THE TOWN COUNCILTO FILL CURRENT
VACANCIES ON THE PERSONNEL ACTION REVIEW BOARD; AND AUTHORIZING
THE MAYOR TO APPOINT THREE MEMBERS OF THE MARANA TOWN COUNCIL TO
THE SPECIALCOMMITTEE
WHEREAS Marana Town Code Section 2-6-4 authorizes the Town Council to modify by
motion or resolution the appointment procedures for a particular vacancy, board, commission, or
committee; and
WHEREAS Marana Town Code Section 2-6-1 authorizes the Town Council to create and
dissolve those special and standing boards, commissions or committees as it deems necessary
and provides that the motion or resolution creating a board, commission or committee shall
describe its powers and purpose and establish the number and qualifications of its membership;
and
WHEREAS Marana Town Code Section 2-6-3 provides that the motion or resolution
creating a special committee shall establish the terms of office for its members; and
WHEREASthe Town Council finds that the creation of aspecialCouncil committee to
receive and review applications for and make recommendations to the Town Councilto fill
current vacancies on the Personnel Action Review Boardas set forth in this resolution is in the
best interests of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA,as follows:
SECTION 1. This resolution modifies the appointment procedures to fillcurrent
vacancies on the Personnel Action Review Board.
SECTION 2. The Town Council hereby establishes the Council Committeefor Personnel
Action Review BoardAppointmentsas a special committee of the Town of Marana and hereby
provides that the Committee shall becomposed of three Marana Town Councilmembers.
SECTION 3. The Council Committee for Personnel Action Review BoardAppointments
shall receive and review prospective Personnel Action Review Boardmember applications,and
mayinterviewcandidates as the Committee deems appropriate. When the Committee has
completed its review processfor the currently-existingvacancies, the Personnel Action Review
Boardmembershipapplicationsand the Council Committee’s recommendations relating to them
shall be presented to the full Town Council for consideration and possible action.
-1 -
Resolution No. 2014-119
SECTION 4.The Mayorshall appoint three members to serve on the Council Committee
for Personnel Action Review Board Appointments.
SECTION 5. The Council Committee for Personnel Action Review Board Appointments
will be automatically disbanded when the Town Council fills the currently-existing vacancies on
the Personnel Action Review Board.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this18th day of November, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
-2 -
Resolution No. 2014-119
MARANA ORDINANCENO. 2014.028
RELATING TO DEVELOPMENT; APPROVING A REZONINGOF APPROXIMATELY
36.79 ACRES OF LAND FROM ‘R-144’ (RESIDENTIAL) TO ‘F’ (SPECIFIC PLAN) FOR
THE PURPOSE OF CREATING THE TWIN PEAKS OASIS SPECIFIC PLAN; AND
APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN
WHEREAS AJS OASIS, LLC (the “Property Owner”) owns36.79 acres of property
located on the northeast corner of Twin Peaks Road and Oasis Road,in a portion ofSection 14,
Township 12 South, Range 12 East, Gila and SaltRiver Base and Meridian,Pima County,
Arizona,as described in “Exhibit A” attachedto and incorporated in this ordinance by this
reference (the “Rezoning Area”); and
WHEREAS The Property Owner hasauthorized KB HomeTucson Inc. (the “Applicant”)
to submit an application to rezone the Rezoning Areafrom ‘R-144’ (Residential) to ‘F’ (Specific
Plan) (“this Rezoning”); and
WHEREAS the Marana Planning Commission held a public hearing on October 29,
2014,to consider this Rezoning and voted 5-0 (Commissioners Miklosi and Miller absent)to
recommend that the Town Council approve this Rezoning and an associated minor amendment
to the General Plan; and
WHEREAS the Marana Mayor and Town Council held a public hearing on
November18, 2014and determined that this rezoning and minor amendment should be
approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1.
The zoning of the Rezoning Area is hereby changed from ‘R-144’
(Residential) to ‘F’ (Specific Plan),creating the Twin Peaks Oasis Specific Plan.
Section 2.
A minor amendment to the General Plan is hereby approved, changing the
GeneralPlan designation of the Rezoning Area from Low Density Residential (LDR) to Master
Planning Area (MPA).
Section 3.
This Rezoning is subject to the following conditions, the violation of which
shallbe treated in the same manner as a violation of the Town of Marana Land Development
Code (but which shall not cause a reversion of this Rezoning), and which shall be binding on the
Property Owner and its successors in interest (all of whom are collectively included in the term
“Property Owner” in the following conditions):
{00040231.DOCX /}
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Ordinance No. 2014.02811/13/2014 2:59 PMCR/FC
1.CompliancewithallapplicableprovisionsoftheTown’sCodesandordinancescurrentatthe
timeofanysubsequentdevelopmentincluding,butnotlimitedto,requirementsforpublic
improvements.
2.AnypreliminaryplatshallbeingeneralconformancewiththeLandUseConceptofthe
TwinPeaksOasisSpecificPlan.
3.A maximum of 74 residential units shall be constructed on the Rezoning Area.
4.Homes on lots 1-7, 22, 23, 37-58, 68, 69 and 74 as designated onthe Tentative Development
Plan will be single story.
5.The maximum building height of single-story homes is 20 feet.
6.This Rezoning is subject to the design standards outlined in the Twin Peaks Corridor study
adopted by Marana Resolution 2014-013.
7.The Property Owner shall dedicate land at the southwest corner of the Rezoning Area (as
depicted on Exhibit III.D: Tentative Development Plan) to the Town for the purpose of siting
the Twin Peaks Corridor Gateway Monument.
8.The Property Owner shall construct the Twin Peaks Corridor Gateway Monument.
9.TheProperty Owner shall designandconstructanyroadwayimprovementsthattheTown
requiresbasedonthedataandfindingsoftheacceptedtrafficimpactanalysisandothertraffic
studiesthatwillberequiredattheplattingordevelopmentplanstagesofthisproject.
10.TheProperty Owner shall submitadditionaltrafficstudiestotheTownatthedevelopment
planorplattingstageoftheproject.
11.Thefinaldesignofallstreetsandcirculationfacilities,mustbeacceptedbytheMountain
VistaFireDistrictpriortotheTownCouncil’sconsiderationofthefinalplat.
12.ThePropertyOwnershallnotcauseanyfurtherlotsplitorlotlinemodificationofanykind
withoutthewrittenconsentoftheTownofMarana.
13.Noapproval,permitorauthorizationbytheTownofMaranaauthorizesviolationofany
federalor statelaworregulationorrelievestheapplicantorthelandownerfrom
responsibilitytoensure compliancewithallapplicablefederalandstatelawsandregulations,
includingtheEndangeredSpeciesActandtheCleanWaterAct.The Property Owner should
retain appropriateexpertsandshould consult appropriatefederalandstateagenciesto
determineanyactionnecessarytoassure compliancewithapplicablelawsandregulations.
14.Prior to the approval of water plansfor the development of the Rezoning Area, the Property
Owner shall obtain master water planapproval from the Utilities Department and, if
requested by the Utilities Director, shallenter into a water service agreement for the
Rezoning Area.
{00040231.DOCX /}
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Ordinance No. 2014.02811/13/2014 2:59 PMCR/FC
15.ThePropertyOwnershalltransfertoMarana,bytheappropriateArizonaDepartmentof
WaterResourcesform,thosewaterrightsbeingIGR,TypeIorTypeIIfortheTown
providingdesignationofassuredwatersupplyandwaterservicetotheRezoningArea.If
TypeIorTypeIIisneededon theRezoningArea,theTownandPropertyOwnershallarrive
atanagreeablesolutiontotheuseofthosewaterrightsappurtenanttotheaffectedportionof
theRezoningArea.
16.AsewerserviceagreementandmastersewerplanshallbesubmittedbytheProperty Owner
and acceptedbythewastewaterproviderpriortotheapprovalofanyfinalplator
developmentplan.
17.Priortotheissuanceofanygradingpermitsforthisproject,the Property Owner shallsubmit
evidence totheTownthatallfederalpermitregulationshavebeenmetthroughtheArmy
CorpsofEngineersandtheStateHistoricPreservationOffice.
18.A 100% desert tortoise survey shall be completed by a qualified biologist at the Property
Owner’s expense and approved by the Town prior to the issuance of any grading permits in
the Rezoning Area. Any Sonoran Desert tortoises found on the Rezoning Area shall be
relocated at the Property Owner’s expense.
19.TheProperty Owner shallsubmitanannualreportwithin30daysoftheanniversaryofthe
TownCouncil’s approvaloftheTwinPeaksOasisSpecificPlaninaccordancewiththe
requirementsdefinedintheLandDevelopmentCode.
20.TheProperty Owner shalldedicatethenecessaryrights-of-wayfortheTwinPeaksOasis
SpecificPlan.
21.A drainage report must be submitted by the Property Ownerand accepted by the Town
Engineer prior to Town approval of the preliminary plat.
22.Adetailedtrafficanalysisshallbesubmittedby the Property Ownerandacceptedbythe
Town Engineer priortoapprovalofany preliminaryplatordevelopmentplan.
23.Upon adoption of this ordinance by the Mayor and Council approving the Twin Peaks Oasis
Ridge Specific Plan, the Property Ownershall provide the Planning Department with one
non-bound original,twelve bound copies,and ten electronic copies of the Twin Peaks Oasis
Specific Plan booklet on CD in PDF format.
24.Before the Town issuesthe first residential building permitfor the Rezoning Area, the
Property Owner shall make pavement structural section improvements to that portion of
Oasis Road located within the “Annexation Area” as defined in Marana Ordinance 2013.024.
The pavement structural section improvements to Oasis Road shall beconsistent with the
Town-approved findings of a site geotechnical investigationsubmitted by the Property
Owner.
{00040231.DOCX /}
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Ordinance No. 2014.02811/13/2014 2:59 PMCR/FC
Section 4.
All ordinances, resolutions and motions and parts of ordinances, resolutions,
andmotions of the Marana Town Council in conflict with the provisions of this ordinance are
hereby repealed, effective as of the effective date of this ordinance.
Section 5.
If any section, subsection, sentence, clause, phrase or portion of this ordinance
isfor any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 18thday of November, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
{00040231.DOCX /}
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Ordinance No. 2014.02811/13/2014 2:59 PMCR/FC
Twin Peaks Oasis
Specific Plan
Marana, Arizona
Submitted to:
Town of Marana
Planning Department
11555 West Civic Center Drive
Marana, Arizona 85653
Prepared for:
KB Home Tucson Inc.
250 South Craycroft Road, Suite 400
Tucson, Arizona 85711
Prepared by:
The Planning Center
110 South Church Avenue, Suite 6320
Tucson, Arizona 85701
With assistance from:
WestLand Resources, Inc.
4001 E. Paradise Falls Drive
Tucson, Arizona 85712
And:
APEX Development Consultants, PC
2141 N. Alvernon Way, Suite C
Tucson, Arizona 85712
October November 2014
PCZ 13018
Twin Peaks Oasis Specific Plan
Table of Contents
Twin Peaks Oasis Specific Plan
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