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02/16/2016 Council Agenda Packet
M RA N WON N MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 16, 2016, at 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 Pursuant to A.R. S. § 3 8- 431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on February 16, 2016, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and /or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to Marana Regular Council Meeting 02/16/2016 Page 1 of 141 observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 3 82 -1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 115 5 5 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector /document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS Marana Regular Council Meeting 02/16/2016 Page 2 of 141 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C Resolution No. 2016 -014 Relating to Development; approving a final plat for Del Webb at Dove Mountain IV, Lots 235-343 and Common Areas "A" (Drainage /Open Space), "B" (Open Space), "C" (Public Sewer /Open Space) and Block "1" located south of Dove Mountain Boulevard and west of Del Webb Trail (Steven Cheslak) C2 Resolution No. 2016 -015: Relating to Development; approving a final plat for Continental Crossing Lots 1 thru 4 located approximately at the northwest corner of Silverbell Road and Continental Reserve Loop (Steven Vasquez) C3 Ordinance No. 2016.003 Relating to Transaction Privilege Tax; adopting "The 2012 -2014 Amendments to the Tax Code of the Town of Marana" by reference; establishing effective dates; providing for severability; and providing penalties for violations (Erik Montague) Resolution No. 2016 -016 Relating to Transaction Privilege Tax; declaring as a public record filed with the Town Clerk that certain document known as "The 2012 -2014 Amendments to the Tax Code of the Town of Marana" (Erik Montague) C4 Resolution No. 2016 -017 Relating to Utilities; approving and authorizing the Mayor to sign "Lease Amendment No. 2" with CalPortland Company for the Rillito Vista Water Reclamation Facility (Frank Cassidy) CS Approval of February 2, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Patrick Nilz on behalf of Marana Heritage Conservancy for Founder's Day to be held on March 5, 2016 (Jocelyn C. Bronson) Marana Regular Council Meeting 02/16/2016 Page 3 of 141 L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Thomas James Donohue on behalf of the American Diabetes Association for the 2016 Tour de Cure event to be held on April 17, 2016 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2016 -018: Relating to Boards, Commissions and Committees: making appointments to the Town of Marana Board of Adjustment (Jocelyn C. Bronson) COUNCIL ACTION ITEMS FOR DISCUSSION /POSSIBLE ACTION D1 Resolution No. 2016 -019: Relating to Administration; approving the transfer of up to $8,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2015 -2016 budget to the Bed Tax Fund and the Airport Enterprise Fund for expenses related to special events (Gilbert Davidson) 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 the other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS 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. El 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. E2 Executive Session pursuant to A.R.S. § 38- 431.03 (A) (1) for discussion, consideration and possible interviews of candidates for appointment to the Board of Adjustment. 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 Marana Regular Council Meeting 02/16/2016 Page 4 of 141 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C1 Meeting Date: 02/16/2016 To: Mayor and Council From: Steven Cheslak, Planner II Date: February 16, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -014 Relating to Development; approving a final plat for Del Webb at Dove Mountain IV, Lots 235-343 and Common Areas "A" (Drainage /Open Space), "B" (Open Space), "C" (Public Sewer /Open Space) and Block "I " located south of Dove Mountain Boulevard and west of Del Webb Trail (Steven Cheslak) Discussion: History The amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002 by Ordinance 2002.13. A Final Plat for Saguaro Forest was approved by the Town Council on November 6, 2007 by Resolution 2007 -186. The subdivision was then resubdivided creating the Los Saguaros Final Plat which was approved by the Town Council on June 5, 2012 by Resolution 2012 -34. In 2013, a Final Plat for the first phase of Del Webb At Dove Mountain, which incorporated a portion of the Los Saguaros subdivision, was approved by the Town Council on July 2, 2013 by Resolution 2013 -066. In 2014, a Final Plat for the second phase of Del Webb At Dove Mountain was approved by the Town Council on April 15, 2014 by Resolution 2014-035. The third phase Final Plat for Del Webb At Dove Mountain was approved by the Town Council on May 5, 2015 by Resolution 2015 -039. Request Baker and Associates is requesting approval of the resubdivision of Block "2" of Del Webb at Dove Mountain III Final Plat and a portion of Section 22 and Section 23, Township 11 South, Range 12 East, in order to create the Del Webb at Dove Mountain IV Final Plat. The new, 48 acre plat consists of 109 lots, Common Areas "A ", "B ", "C" and Block "1 ". Block 1 will be resubdivided in future phases for residential lots. This is the fourth final plat for the Del Webb at Dove Mountain active adult community. Marana Regular Council Meeting 02/16/2016 Page 5 of 141 Additional phases are planned for the future as Pulte Homes plans on building up to 650 homes on approximately 200 acres in Dove Mountain. Location The site is located within the Dove Mountain Specific Plan area. The proposed subdivision is generally located five miles north of Tangerine Road on the south side of Dove Mountain Boulevard. Zoning The zoning is "F" - Dove Mountain Specific Plan with a land use designation of "LDR" - Low Density Residential. The LDR designation minimum lot size required is 6,000 square feet. The minimum lot provided in the plat is 6,025 square feet and the maximum lot size is 10,521 square feet with an average lot size of 6,932 square feet. Transportation Access to the site is off of Dove Mountain Boulevard and this plat will create a western, secondary entrance on Dove Mountain Boulevard. All internal streets will be dedicated as public rights -of -way with this plat. Staff Recommendation: Staff finds that the final plat is in compliance with the Dove Mountain Specific Plan, the Marana Land Development Code and the Marana General Plan. Staff recommends approval of this final plat. Suggested Motion: I move to adopt Resolution No. 2016 -014, approving a final plat for Del Webb at Dove Mountain IV, Lots 235 -343, Common Areas "A ", "B", "C" and Block "I". Attachments Resolution No. 2016 -014 PRV1509 -001 Del Webb at DM IV Location Map Application Marana Regular Council Meeting 02/16/2016 Page 6 of 141 MARANA RESOLUTION NO. 2016-014 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR DEL WEBB AT DOVE MOUNTAIN IV, LOTS 235 -343 AND COMMON AREAS " A " (DRAINAGE /OPEN SPACE), "B" (OPEN SPACE), "C" (PUBLIC SEWER/OPEN SPACE) AND BLOCK 11111 LOCATED SOUTH OF DOVE MOUNTAIN BOULEVARD AND WEST OF DEL WEBB TRAIL WHEREAS the amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002, by the adoption of Ordinance No. 2002.013; and WHEREAS the Saguaro Forest at Dove Mountain Final Plat was approved by the Town Council on November 6, 2007 by the adoption of Resolution No. 2007.186; and WHEREAS the Los Saguaros at Dove Mountain Final Plat was approved by the Town Council on June 5, 2012 by the adoption of Resolution No. 2012.34; and WHEREAS the Del Webb at Dove Mountain Final Plat was approved by the Town Council on July 2, 2013, by the adoption of Resolution No. 2013.066; and WHEREAS the Del Webb at Dove Mountain Final Plat II was approved by the Town Council on April 15, 2014, by the adoption of Resolution No. 2014.035; and WHEREAS the Del Webb at Dove Mountain Final Plat III was approved by the Town Council on May 5, 2015, by the adoption of Resolution No. 2015.039; and WHEREAS Baker & Associates Engineering, Inc., representing the property owner, has applied for approval of a final plat for the resubdivision of Block "2" of Del Webb at Dove Mountain III and a portion of Section 21 and Section 22, Township 11 South and Range 12 East, for Del Webb at Dove Mountain IV, consisting of Lots 235 -343, Common Areas "A" (Drainage /Open Space), "B" (Open Space), "C" (Public Sewer /Open Space) and Block "1" on 48.1 acres, and generally located south of Dove Mountain Boulevard and west of Del Webb Trail, within Section 22 and Section 23, Township 11 South, Range 12 East; and WHEREAS the Marana Mayor and Town Council determined at its February 16, 2016 meeting that the final plat for Del Webb at Dove Mountain IV, Lots 235 -343, Common Areas "A ", "B ", "C" and Block "I", should be approved. NOW, THEREFORE, BE IT RESO LVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the final plat for Del Webb at Dove Mountain IV, Lots 235 -343 and Common Areas "A" (Drainage /Open Space), "B" (Open Space), "C" (Public Sewer /Open Space) and Block "1 ", is hereby approved. Marana Resolution No. 2016 -014 Marana Regular Council Meeting 02/16/2016 Page 7 of 141 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of February, 2016. ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2016 -014 Marana Regular Council Meeting 02/16/2016 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 8 of 141 DEL WEBB AT DEDICATM CEAERAL. NOTM CERWICAT"M DOW FAIN LOTS - "o WE THE UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY FEE TITLE I. THE GROSS AREA OF D6 SUEIDAISION IS 48.1 ACRES (2,095,014 S.F.). (SEQ. 120131930189) INTEREST IN THE LAND SHOWN ON THIS PLAT, AND WE CONSENT TO THE SUBDIVISION OF THIS LAND IN THE I HEREBY CERTIFY THAT THE BOUNDARY SURVEY AS SHOWN ON THIS PLAT WAS PERFORMED UNDER MY MANNER SHOWN ON 7M PLAT WE HEREBY DEDOIE TO THE PUBLIC ALL RIGHTS -OF -HAITI AS SFKIWN ON 2. THE TOTAL NUMBER OF LOTS IS 109. DIRECTION AND THAT ALL EX ISTING OR PROPOSED SURVEY MONUMENTS AND MARKERS SHOWN ARE SEG. 120132910078 THIS PLAT, INCLUDING ALL STREETS. UTILITY CASEMENTS AS SHOWN ON THIS PLAT ARE MM TO THE J. THE TOTAL AREA OF COWAM AREA -A - (DRAINAGE /DEN SPACE) IS 1 1.0 ACRES (479,345 SF). CORRECTLY DESCRIBED BOULEVARD TOWN OF MAAAAK PAM COUNTY, AND ALL PUBLIC AND PRNATE UTILITY COMPANIES FOR M PURPOSE OF THE TOTAL AREA OF COMMON AREA (OPEN SPACE) IS .07 ACRES (,� 125 S.F.). D EED LAkD SCALE 3 1 AKE ASIALUITION AND MWMWXE OF; AM ACCESS TO, PUBLIC AND PRIVATE UTILITIES AND PUBLIC SEWERS. THE TOTAL AREA OF COMMON AREA (M"/OPEN SPACE) IS .02 ACRES (812 S.F.). 4 TM PROJECT jdz AD ACCESS EASEMENTS SHOWN ON IRS PLAT ARE GRANTED TO THE TOWN OF M4RAM FOR THE PURPOSE THE TOTAL AREA OF BLOCK T IS 12.5 ACRES (546,999 RE), CHRIS E MORRISON — • , — . . — . — ) - — DEL WEBB OF ACCESS CONTROL TO ADJACENT COMMON AREAS Avg 26928 - 0 21 MAIL 4. TOTAL MILES OF NEW PUBLIC IS 1. 1 MILES. OPW SURVEYING, LLC CHRIS E. WE AND OUR SUCCESSORS AND ASSUNS HEREBY HOLD THE TORN OF MARAK ITS EMPLOYEES, OFFICERS, REGUTEREO LAND SUVWYOR NO 26928 MORRISON GOLDEN BARREL ,ES RELATED 10 THE USE OF PROVIDED LOT SIZE IS 6025 SF (LOT 1235). PLACE AT -172 DOW MOUNTAIN AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAW FOR aMW 5. MA ALLOWABLE LOT SIZE IS 6,000 SF. STATE OF "ON4 UNSUB. LOS S40)14� AT MW LANDS NOW AND A THE FUTURE BY REASON OF FLOODING, FLOWAGE, EROSION, OR DAMAGE C460 LOTS I BY WATER WHETHER SURFACE, FLOOD OR "WALL. NATURAL MObW SHALL NOT BE ALTERED, DISTURBED AVERAGE LOT SIZE IS 6932 SF. (SEQ. 12 OR OBSTRUCTED WMIT THE APPROVAL OF W TOWN Or MARAAA. AAXMN LOT SIZE PROVIDED IS 10,521 SF (LOT 1264, NOT A RESTRICTION). (SEQ. 120141710079) MAXAM ALLOWABLE BUILDING HEIGHT 35 FT FOR IM.' DOVE MTN' COMMON AREAS -A- AND 18-, AS SHOW ON INS PLAT, ARE RESERVED FOR THE PRIVATE USE AND 6 THE BUILDING SETBACKS ARE AS FOLLOWS I HEREBY CERTIFY THAT THE INTERIOR SUBOMSON GEOMETRY FOR THIS PLAT WA5 REVERED AND CONVEIAOCE OF ALL OWNERS OF PROPERTY KIM THIS &MASON THEIR GUB75 AND MUTES, AND ARE FRONT., 11 SIDE: 5. SHOWN UNDER ■ MY SUPERVISION DEL WEIV AT GRANTED AS EASEMENTS TO THE TOWN OF MWIAK PO4 COUNTY, AND ALL PUBLIC AND PRIVATE UTILITY REAR., 15' CORNER TORTOL17A PRESERVE RIM TRAIL DOVE MOUNTAIN li COMPANIES FOR THE PURPOSE OF NSTALLAWN AND MAINTENANCE OF; AND ACCESS TO, PUBUC AND PRIVATE UNSUB. LOTS 109-167 UTILITIES AND PUBLIC SEWERS COMMON AREA It-, AS SHOWN HEREON, IS GRANTED AS AN EASEMENT TO Z THIS SUEID!VISION WLL COMPLY WTH THE CONDITIONS SET FORTH IN THE DOW MOUNTAIN SPECIFIC PLAN APPROVED DOVE MOUNTAIN DEL WEBB AT mm=a (SEQ. 120141080105) PW COUNTY FOR ACCESS, NSIALLATION, CONSTRUCTION AND MAINTENANCE REPLACEMENT OF M MARCH 25, 20D0 PER ORDINANCE 200004 WILLIAM H. BAKER, AR. SPECIFIC PLAN DOVE MOUNTAIN X PUBLIC SEWERS TITLE TO ALL COMMON AREAS SHALL BE VB71D IN AN ASSOCIATION OF NOM* LOT 8. PARKING PROVISIONS INCLUDE 2 PARKING SPACES FOR EACH LOT (109 LOTS X 2 - 218). ALL REWIRED PARKING BAKER & ASSOCIATES ENGINEERING, INC. WILLIAM H. BOUNDARY TORTOLITA PRESERVE I OWNERS AS ESTABLISHED BY COVENANTS. CONDITIONS AND RESTRICTIONS OF RECORD IN THE OFFICE OF THE REGISTERED LAND SURVEYOR NO. 16784 KER. I INSUB, '4 . LOTS 29, 169-234 (SE0. 120151280191) RECORDER OF PIMA COUNTY ARIZONA, RECORDED BE OFF-STREET, ON-SfTE. RECORDED PRIOR TO THE RELEASE OF ASSURANCES. EACH AND SATE OF ARIZONA 21 EVERY LOT OWNER WITHIN THE SUBDAISION SMALL BE A MEMBER OF THE ASSOCIATION. RESPONSIBILITY FOR 9 THE D(ISTING LAW USE DESIGNATION IS 'LOR,' IN ACCORDANCE WITH THE DOW MOUNTAIN SPECIFIC PLAN ZOO", 2111�2 . 7 THE CONTROL, MAINTENANCE. SAFETY AND LIABILITY OF ALL COMMON AREAS "N THIS SUMMSION, AS AND WILL REAM. SHOWN ON THIS PLAT, SHALL BE ALLOC470 TO THE ASSOCIATION UNDER SUCH COVENANTS, CONDITIONS 10. THE GROSS DENSITY FOR THIS PROJECT IS 22 RAC AND RESTRICTIONS 11. NO FURTHER SUBDIVIDING OR LOT SPLIMNG SHALL BE DONE wryHour THE WRITTEN APPROVAL OF THE TOWN OF EXPIRES: 3/31/2017 LOCATUN PLAN LANDMARK TITLE ASSURANCE AGENCY OF ARZOMA, L.L.C., AN ARIZOA14 LIMITED LABILITY COMPANY, AS MARIA MAYOR AND COUNCIL. I HEREBY CERTIFY THAT M FLOODPRONE LIMITS AND EROSION HAZARD SETBACKS WERE WWWO) AND A PORTION OF SECTIONS 21 AND 22, Ti IS, R12E, TRU57EE UNDER TRUST NO. 78300 -T, AND NOT A ITS CORPORATE CAPACITY (AS TO A P=M OF ALL 12. APPROVAL OF THIS PLAT DOES NOT AFFIRM, UWWY OR APPROVE ANY LAND DIVISION THAT 94Y BE CONTRARY TO SHOWN UNDER MY SUPERVISION EXISTM PARCELS AND EXISTING BLOCK T PER DEL WEBS AT DOVE b0UNlAJN III, SEQ. NO. 20151280191) STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OF OR ONPLIANCE WITH, ANY DUD RES?W7VNS OR EASEMENTS I . G&SRS", TOWN OF MWAA PIMA COUNTY, ARIZONA 13. OBJECTS AND MATERIALS WITHIN THE SIGHT-VISMALfTY TRAWAES SHALL BE PLACED 90 AS NOT TO INTERFERE WITH A Our VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LIKES LOCATED 30 ACHES AND 72 INCHES ABOVE FINISHED GRADE OF AMRDN V. MWELU, RE am LEOBV TRUST OFFICER THE ROADWAY SURFACE AND SHALL CONFORM TO SECTION 4.8 OF THE TOO OF MARIANA RAW419M STREET STANDARDS BAKER & ASSX44TES ENGINEERING. INC. MARTIN V. ENG 14 THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY A WITTING THAT ALL WMAIEMEMPS WHETHER PUBLIC REGISTERED OR STATE OF ARIZONA INEER AID. 36M MAGELLI LANDMARK WE ASSURANCE AGENCY OF ARIZONA, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY, AS PRIVATE HAVE BEEN CONSTRUCTED, PLACED, INSTALLED, ETC., IN SUBSTANTIAL CONFORMANCE WITH M ACCEPTED AL SET SURVEY MONUIENT (TAM IRIS 222451 - SEE ALSO BASIS OF TRUSTEE MR 7RL67 AID. 78379-T, AND NOT IN ITS CORPORATE CAPACITY (AS TO A PORTION OF ALL PLANS FUR THIS DEVELOPMENT CERTIFICATIONS MUST BE SUBMITTED TO M TOWN OF MARIANA PRIOR TO THE BEARING, SHEET 12 OF 8 EXISTING PARCELS EXCEPT EXISTING BLOCK 12- PER DEL WEBB AT DOPE MOUNTAJN III, SEQ. NO REQUEST FOR FRw INSPECTION AND RELEASE OF ASSURANCES 20151280191) 15- THE AREA BETWEEN 100-YEAR FLOOD LIMITS REPRESENTS AS AREA THAT MAY BE SUBJECT TO FLOODING FROM A A SURVEY MONUMENT 70 RE SET PER TOM OF MAlRAN4 STO DILL M-I03B IOO-YEAR FREQUENCY FLOOD AND ALL LAND IN THIS AREA WILL BE RESTRICTED TO USES THAT ARE COMPATIBLE WITH • 9DUAIDARY CORNER TO HE SET (TAGGED %S 26928� EXCEPT WHERE FLOOOPLAW 94NAGE]MENT AS APPROVED BY THE FLOODPLAIN ADANASM70R OTHERWISE SHOW IS. 6145I5 OF BEARING FOR THIS PROJECT IS THE WEST LINE Or THE AWTIMEST QUARTER OF SECTION 22, T- I I -S TRUST OFFICER R -12 -E. SAID BEAM BEING NOU-06-55-E SEE DETAIL, SHEET 12, (POATPOAI OF PARCEL OR PROPERTY CORNER TO BE SET BY A REGISTERED LAND SURMEYOR AWN, DRAINAGE IMPROVEMENTS, SQAG& am PHASE ov 17. ASTALLADONS OF ITEMS SUCH AS LANDSCAPE HARDSaAP& MW BENEF10AW OF LAAMIAW TITLE ASSMAME MONUMEN7ATW WALLS, EM, WITHIN THE PUBLIC RIGHTS -O' -WAY 9 4L REQUIRE A LICENSE AGREEMENT FOR moyffermoff, Ld.0 SURWASKW 801pa4RY INSTALLATION, MAINTENANCE AND AMNIFICAWN IRS DOCUMENT SHALL. BE EXECUTED PRIOR TO FINAL APPROVAL umsumwwxmv AGMACY OF AMOAK LLC, TRUST NO W' FT OF L440SCVE PLANS OR IMPROVEMENT PLANS ALLOWING INSTALLATIONS WITHIN THE PUBLIC RCH7S-OF-WAY. (PORTION OF PAIRCSIL C23 CURVE DATA (SEE TABLE WET 8 OF 8) PULTE HOME CORPORATION 218-2*-*Ozo) ON A 18. ALL NEW AND EXISTING UTILITIES EXCEPT ELECTRICAL TRANSMISSION LINES WRvING 46 KV OR M97 AND WJVESrMffffr, L. LIO LINE DATA (SEE TAR& SHEET 8 OF 8) 16767 N. PERIMETER DRIVE SCOTTSDALE, ARIZONA 85620 THOSE LIKES WHICH CAN BE SHOO TO EXIST IN CURRENT OR FUTURE ELECTRICAL TRANSMISSION CORFDORS umoupotVIORD MENA OR CONTIGUOUS TO THE SffF, SHALL BE PLACED UNDERGROUND (PORTION OF PARCEL 200 NEW ROGHT-OF-WAY LINE SE 19. THE WATER PROVIDER T SERVE THIS SUBDIVISION IS TUCSON WATER. 2M-Sl-"203 ON PHASE ffV SCALE IN FEET 884S=CAW OF LAMA"W ME ASSMME ® SIVESTIMENT, LJ-M EXISTAG RIGHT -OF-W4Y LINE ACaCY OF AJUOAK LTC, TRUST NO 18379-T INNIIIIEDIVENEO STREET CENTERLINE OM NOSE IV INVESTMENT, L.L.C. RECD DATA (PORTION OF PARCEL (PILINSILAINDIVIORO F ARCXL EASEMENT LINE AS SHOWN (SEE ALSO USEMENT KEYNOTES, SHEETS SHEETS 12 - 7) ) ON S ORTION! OP 3567 E SUNRISE DRIVE SURE 1219, TUCSON, ARIZONA 85718 STATE OF ARIZONA FEE wV 218-81-0026 PWAE 9V zornmr, LA-c. 215-36 -220111) 00 PHASE W DUSTING loo YEAR FLOOOPROME LAE ("FALl COUNTY OF PAIN I as. SEQUENCE NO. W4vffsTRfmw7. L.L.C. . ... . ... DEVELOPED 100 YEAR FLOOOPROME LIE (T.P.L.7; ALSO IFUTURF" 100 YEAR ACKAPONLEDCAdENT - TRUST A10. 23W-T umsummmmmy-- FLOOOPRONE LINE WHERE SHONA STATE OF ARIZONA I S.S. THIS INSTRWEVT WAS FILED FOR RECORD AT THE REQUEST OF BAKER AND ASSOCIATES EWACERING, (PORTFOH OF PAPIRM 2110-411*002p) -- DEIVELOPED EROSION SETBACK LINE COUNTY OF PIMA INC, ON 7W — a4y OF — 20 AT ----M IN SEQUENCE ON PHASE IV ON THIS, THE — DAY OF — 20— BEFORE ME PERSONALLY APPEARED NO. — THEREOF. DATE Ngvm7humr, L.L.C. CA -A DOSING EROSION SET94CK LINE (ESL. - EK.1 WHO ACKNOWLEDGED HAMSEL TO BE THE TRUST OFFICIAL (R) RADIAL OF LANDMARK RILE ASSURANCE AGENCY OF ARIZONA, L.L.C.. AN ARVON4 LIMNED LIABILITY COMPANY AS CA W TRUSTEE UNDER MST NO I8.300 -T AND NOT IV 175 CORPORATE CAPACITY, AND ACKNOWLEDGED THAT F. ANN RODRIGUEZ El m COMPOSITE DETAIL PAGE #M HEI&'C AS THE TRW WEAL, BERG AUTHORIZED TO DO $0, EXECUTED THE FOREGOAG ASTRAWENT AMA COUNTY RECORDER BY DEPUTY 1"9 - - v FOR THE PURPOSE( THEREN CONTAINED iq a PIL PROPERTY LINE "' aLOar IN WOWS WHEREOF I HEREBY SET MY NAME AND OFFICIAL SEAL GOLDEN BARREL PLACE AT NEW PUBLIC STREET NEW PUBLIC RIGHT --OF -MAY DEDICATED BY THIS PLAT AT DOVE CA 'A ANOUNTAIRK LOTS I - 172 CA 'IT91- SEC. NO. 20"171"re SVT SIGHT MKITY IRANGLE EASE" AREA GRANTED TO THE PUBLIC BY THIS PLAT (SEE AM EASEMENT KEYN07E NOTARY PUBLIC C.A. 'N' - — - — - — - — 1p v- ACKNO*LEDGMENT - TRUST NO. 19379-T CA FOR EXTERIOR BOUNDARY ONLY FOR INTERIOR Lmwm ONLY CA STATE OF ARIZONA I S.S. :4 m S. lx= '1' COUNTY OF PW CAPE FWALTRAl- 0. WILLIAM n BAKER, JR era • ON THIS, THE — BAY OF — 20— BEFORE ME PERSONALLY APPEARED T, MORRISON WINO A001OWLEDGED HlM%l TO BE THE TRUST OFFICIAL Lk 'A' OF LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, L.L.C., AN ARIZONA LIMITED LIABILITY On~ AS C.A. 'A V CA 'A TRUSTEE UNDER TRUST NO. 18379-T AND NOT A US CORPORATE CAPACITY, AND ACKNOWLEDGED THAT UINCUSUVE)ED -A- \—C-k '' LRm*UIE=v=w \-C-k '' 2M EXPIRES: 3/31/2017 HE AS THE TRUST OFFICIALBEING SE AUTHORIZED TO 00 SO, EXECUTED THE FOREGONG INSTRUMENT STATE OF APIBZO09A A TAT! OF ARIZONA A FOR THE PLOPOSE(S) TOREW CONTAHED. I COWNCGUE DETAIL FWA ►RAL DEL VAM8 TRAL IN WITNESS WHIEREOF I HEREBY SET MY NAME AND OFFICIAL SEAL. TOW OF IUARANA APPROVALS ASSWIM WATER SUPPLY F�VAL PLAT thr DEL WEBB AT DOVE MOUNTAIN IV, LOTS 235 343 AND NOTARY PUBLIC THE UNDERSIGNED CERTIFIES TIMT IT 6 DE90APITED AS MIANG AN ASSURED WATER BY, RE. SUPPLY AND WILL PROVIDE WATER SERVICE TO THIS SUSIDNISAN. COMMON AREAS 'A' (DRA#VACE10P8V SPACE), ASSURANCES MARANA TOVNIDMORIM ENGINEER DATE 'B' (OPEN SPACE), 'C' (RABLC SEWER /OPEN SPACE) AAV BLOCK T ASSURANCE A THE FORM OF A THIRD PAW TRUST AGREEMENT FROM LANDMARK TILE ASSURANCE AGENCY By: BY: BEING A RESUBDIVISION OF BLOCK "2" AS RECORDED IN OF ARIZONA, L.L.C., TRUST NO. 18MO-T, AS RECORDED IN SEQUENCE NO. — IN THE DEL WEBB AT DOVE MOUNTAIN /I/, LOTS 129 AND 168 - 234, BLOCKS "I" AND "2", OFFICE OF THE RECORDER OF PIMA COIAIM ARIZONA HAVE BEEN PROVIDED TO GUARANTEE INSTALLATION MANM PLANSIG DIRECTOR DATE us: OF REMWO STREET. SEWER. ELECTRIC, GAS, AND WATER UTILITIES, AWAGE, FLOOD CONTROL AND On" CITY OF TUCSON WATER DEPARTMENT DATE AS RECORDED IN SEQUENCE NO. 20151280191, AND A PORTION OF SECTION 21 AND SL6M-qON IMPROVEMENTS MEETW ESTABLISHED ANA" STAA04RDS OF DESIGN AN CONSTRUCTION CLERK TOWN SECTION 22, TIIS, R12E, G&SRB&M, TOWN OF WARANA, PIMA COUNTY, ARIZONA OF THE OF MWANk HEREBY CER77FY THAT THIS PLAT WAS APPROVID BY THE MAYOR AND COUNCIL OF THE Pl" COL WY APPROVAL BY.• TOO OF MAR" a47E.' TOWN OF MWINA ON THE — DAY OF Baker & Associates En Inc. BY. BY: 3561 E. Sunrise Drhm, Svk 4225 TutwIt, Arwiiii 85718 ( 620 ) 3161050 Fax (520 3161930 PA VA COUNTY REGIONAL WASTEWATER BATE CLERK OF THE TOW OF MWM DATE RECLAM4WN DEPARTMENT #PF?V509—= JOB #2258.7 REF: PRV-1505-003 DATE: JANUARY 20, 2016 SHEET I OF 8 SEQUENCE # 0 . I CAA A" M4 T.y W " SE ' \ �MATCH.NE -BEE SHEET #4 \ _ _ _ _ CON NIN AREA A' I (DIt4K4GE /OPEN SPACE) CA. a" LOT 343 6228 5F • NW48 N89'48'34•'W C.A. A" AN48 • 34w 2567.35 (PROPERTY LMIE) W� i flASLS of 1#ARNJ1 I \ SECTION CORNER CHISELED STONE 16 15 21 22 I I � 2 � 0 �Ig ola 0 100 H SCALE IN FEET I" I E i/ coR. SECwmwE SECTION 21 FOUND 18 STONE W/ '1/4' CHISELED BASIS OF SEARAIG DETAIL EASEMENT KEYNOTES O NEW 10' PARK UIUTY, ROADWAY MAAVID14MCE AND SM1. NGE EASEMENT DRANIED BY THIS PLAT ® WRYM WIN AASLC Umm ROADWAY AAMITENwCE AND 51W" EASEMENT pPANTED BY DMS PUT (SEE ALSO DETAMS ON SHEETS 2, 4 AND 6) NEW SIGHT ASBUTY TRANIX£ (SYYf EASEMENT AREA (S1,iHIED R) THE PUBLIC BY THIS PLAT (SEE ALSO DETAMS ON SHEETS 2, 4 AND 6) O C NEW 1' PRAAIE NO VEWUAR ACCESS EASEMENT GRANTED BY THIS PLAT O D(WMIG WmW WIDTH PUSUC SEWER EASEMENT PER DOCKET 11 786 /363 AND EXSHNG ELECW ROff -OF -WAY EASEL E7B PER DOCKET 12230p68 O EXSTMa PUBLIC SEWER EASEMENT PER DOCKET 13204/PACE 2330 AND SEQUENCE Na 20121720086 <z> EXSTMLG PUBLIC UTILITY EASEMENT PER SEQUENCE NO. 20151900192 O NEW VAR)1a WgTH PUBLIC UTILITY AND PURUC SEWER EASEMENT OMSWIED BY THUS PLAT O NEW W{RYW WITH PUBLIC UIMITY EASEMENT GPoWTED TO THE PUBW BY INS PLAT O NEW VARrW WIDTH PUBLIC PEDESROW ACCESS EASEMENT 9UNIED TO THE PUBLIC BY THIS PLAT / DEL N/EE9 AT DOVE "MWTAI N 0 LOT& 120 AMEN 108 - 224 9EOIARMCE ma. 20161290191 MA - SELF SHEET 49 ........... .......... \ \ •- LOT tat \ LOT 280 \ LOT 229 \ \ , 4 �0 a p t jp . \ LOT 229 \ \ qr # \ LOT 227 \ \ \ LOT 229 \ \ LOT 226 \ \ LOT 224 \ \ LOT 313 LOT 222 \ A2 \ � c 1 L116 6025 SF I N LB f0 C1 Ab934 24 1 2 r w - LOT 222 500 J6 "E I 2 _ � / L - - - LOT no - - I IX. Rey l � 589'5L 4•'W I LOT 192 LOY 191 \ 97.20 — '� I LOT � 10� I 20151280191 i� DEL rrEMiE AT DOVE WOI�r \ L0T 129 AAA 'M0a - 264 C.A. •A • 2F "E I Q SE01/L6tlCE .0. 201E1210191 I 1 LOT 221 0 40 SCALE 91 FEET q SCALE IN FEET 1*1 VI 0 SEQUENCE # FV11AL PLAT for DEL WEBB AT DOVE MOUNTAW N, LOTS 235 - 343 AND COMMON AREAS 'A' (DRAK4GE /OPEN SPACE), 'B' (OPEN SPACE), 'C' (PUBL)C SEINER /OPEN SPACE) AND BLOCK '1' FOR EXTERIOR BOUNDARY ONLY .o LA FOR INTERIOR LINEWORKONLY 16764 4 BEING A RESUBDIVISION OF BLOCK "2" AS RECORDED IN DEL WEBB AT DOVE MOUNTAIN 111, LOTS 129 AND 168 - 234, BLOCKS "1" AND "2 ", AS RECORDED IN SEQUENCE NO. 20151280191, AND A PORTION OF SECTION 21 AND SECTION 22, Ti 1S, R12E, G &SRB &M, TOWN OF MARANA, PIMA COUNTY, ARIZONA 2RIS �' A10�RR IS H f p s /pE 03r311R0 WILLIAM H.' g 1 $ ER, J " A U. EXPIRES: 3/31/2017 LC� Baker & Associates Engineering, Inc. 3561 E. SWAN Drive, SW M 0725 Terms, AAWM I6715 (5M)319-1960 Fax(520)319-1230 yy,,pppp��/���/�/� tmlllldl/.TWI JOB #2258.7 REF.:PRV- 1506.003 DATE: JANUARY20,2D16 SHEET 2OF8 0 SEQUENCE # EASEMENT KEYNOTES O NEW 10' PUMIC UWTY, ROADMMY MMINTEN4NCE AND SPOGE EASEMENT GRIMED BY THIS PUT VARYI4G MATH RADL C UTNJTY, ROAOMMY M QVTLV CE AND S IPAGE EASEMENT MNTED BY TMS PLAT (SEE ALSO OFTABS ON SHEETS $ 4 AND 6) NEW SGNT HSBM/TY MANG2E ( EASEMENT AREA GRANTED TO THE PUBLIC BY THIS PUT (SEE ALSO DETARS ON SHEETS 2. 4 AND 6) O C NEW I' PRIVATE NO WHIC" ACCESS EASEMENT GRANTED BY 7MIS PUT O EIMM WRYIb MOTH MAC SEW EASEMENT PER DOCKET 11786/363 AND EXTSTIMG ELECTRIC Mg-OF- EASEMENT PER DOCKET 122301769 O EXISTING PUBLIC SW EASEMENT PER DOCKET I32M/PAGE 2330 AND SEOI,CNCE NO. 20121721096 O EXISTING PUBLIC URI.DY E 5MW PER SEOLENCE NO. 20151900192 NEW KMRMIG MOTH PU6I.IC UR M AND ROX SEI" EASEIEM CAWTED BY TH5 PUT H NEW MOM MOTH R& C UWFY EASEMENT (2t ANTED TO THE PUBLIC BY TMs PUT O NEW MWHNG MOTH Pt*L C PEOESTRNN ACCESS EASEMENT GIMNIED TO THE PUBLIC BY THIS PLAT / v ssa i L OT ITS e i LOT 9Pa MATC LAE - SEE allEET i2 SEQUENCE i FNAL PLAT for DEL WEBB AT DOVE MOINVTANV N, LOTS 235 - 343 AND COAMON AREAS 'A' (DflAN AGUE /OPEN SPACE), 'B' (OPEN SPACE), 'C' (PUBLIC SEWER /OPEN SPACE) AND BLOCK '1' BEING A RESUBDIVISION OF BLOCK "2" AS RECORDED IN FOR EXTERIOR BOUNDARY ONLY lk TNQ FOR INTERIOR LI KONLY 6784 '► WILLIAM X.' i WILLIAM `EI J DEL WEBB AT DOVE MOUNTAIN 111, LOTS 129 AND 168 - 234, BLOCKS "1" AND "2 ", AS RECORDED IN SEQUENCE NO. 20151280191, AND A PORTION OF SECTION 21 AND SECTION 22, T 11 S, R 12E, G &SRB &M, TOWN OF MARANA, PIMA COUNTY, ARIZONA � a, F ..�. EXPIRES: 3/31/2017 Baker & Associates Engineering, Inc. 3561 E. Sunrbe DrW, SAY /725 Tuuon, AXvar 86718 (520) 318-1956 Fan (520) 318 -1930 #1 !l I L509 - W I JOB #2258.7 REF.: PRV- 1505403 DATE: JANUARY 20, 2016 SHEET 3 OF 8 SEQUENCE i UNSIUD. I nC umsue. uffous. 9 VARD VL ,= UNSUR. C)o go" _ 48'l W D=lrO7'08' (EX- PUBLIC OGHT-OF-WAY R= 1400.0 0' L=442.73 - — - - - - - - - - - - ISO 4. C 41 UNS618AIDIVADW C34 UNSUANVIII)ED w L148 ti ("R710fill OF PARCEL (POR7NM OF PARCEL i wo(Immvmmp SCALE #4 FEET 210-81-0022) 00 PHASE IV MVESTimmmy, L.L.C. 216-81-0029) ON PHASE IV (PORTICNIF 'OF PARCEL SXE III FEET mgvrsrmmwr. L.L.C. 218-81-0025) OM PHASE IV 5. SIVERrIMIESIT, L.L.C. I UNSLAR. N70'M I umom v% umsuomvmwm (PORITOAl OP PARCEL 2*6-31-0026) DU PHASE IV wVzSTmffmr, LA-c. qg Lj j5 .Lg - 1 ,. 62.9' -j? 51'—i 'j6 �w I - - - - - - — - - - - - - - - - - - -- , H7 g % �g vi • 11 00=31 ( i V ./FUTURE) 0100=311 CFS (DEV/fUn#?E) 64 100 YR. FAL C212 UMIT - - - - - - 100 YR. F.P.L.- LOT 52-- LOT 21116 - - - - - - — - - - - - - 0 - —Z-.) LIMIT T 21A SCALE AN FEET LOT 295 Z BLOCK L 35� (PORTWN OF PARCEL 210-81-0020) 00 PHASE IV uFwSu8wVm)eo sivirerimiffmr, L.L.C. (PoRrBom OF PARCEL C 'A" 210-81-0020) ON PHASE IV moveorm"r, L.L.C. COMMON AREA V 1 31 (OWN4C SPACE) 8 3 LOT 207 LIM - 4- =. - ,tg SCALE W FEET ca C47 . C75 A3 - VAffAVO MOTH PLaJC UMIIY EASSWIMIT umsummvvm LOT 292 93 AND W - WC46ff MMLrTY TMADLE6 mok F (POR710W OF PARCEL DETAIL - LOTS 236 AND 343 210-81-0029) DIN? PHASE IV LOT 296 UNSUIL UNSIUS. w"Noriminmr, L.L.C. Lor 2s3 m 7013 SF 6772 SF LOT 294 LOT 215 9 7018 SF 7018 SF C89 Cl BLOCK "I' EASEMNT KEYNOTES C 123 NEW 10' PUBLIC Ulxff. RO4011MY 94WTBANM AND SMWE EASEUM DISW PUBLIC SEIIEI? EASaW PO? DOCKET 13204 2330 AMD C127 - — — — — — <3> GRANT BY THIS PLAT <z> SEQUEIVE A10, 20121720M C 136 It-f5 11 twoummVENIBIP We- WRM VDTH PUBLIC UIXITY ROWNY M4WM4WCE AND SG44GE (PORrION OF PARCEL E4SaW MWTED BY TM PLAT (SEE ALSO DETAILS ON E)ISIM PUBLIC U77LITY EASEMENT PER SEQUENCE NO. 201519W192 218-21-0028) ON PHASE BY SIUM Z 4 AND 6) 9MVE87MEmr, "C. UNOLML —939 C 6 NEW -WT WSDU7Y EASEMENT AREA GRANTED 70 AIEW VA%W *VTH PUBLIC UM7Y AND PUBLIC SENW EASEMENT &Wn _C112 C799 C193 THE PUBLIC BY INIS DETAILS ON SHEETS Z 4 AND 6) BY IRS PLAT 25� • C194 NEW VARYING WIll PUBLIC UIM EOSEMENT MM TO THE PUBLIC BY C197 C196 C195 FEW I' PRIVATE NO YEW" ACCESS EASEMENT GRANTED BY ING PLAT I IT MP n CM - AWA ( MMI6110 E /0*11 NEW IMPIM W07H R&IC PEDMW ACCESS EASEMW GWWM TO TIE AND EXISTING ELECTRIC RIGHT -OF -NAY IASEWff PER DOCKET 122301768 PUBLIC BY M PLAT LOT 303 LOT 2297 LOT 302 Lor Ml 5677 SF 6702 SF 061 v LOT 2W LOT 3w 1 LOT 200 8 6702 SF Ff"L PLOT for 6702 SF 8 -t 6M2 SF DEL WEBB AT DOVE AoKXWARV IV, LOTS 235 W AND START F.P.L. COAA40N AREAS 'A' (DRAIVAGEIOPEN SPACE), u 4 C l 5 V (OPEN SPACE), 'C' (PUBLIC (PUBLIC SENIERIOPEN SPACE) AAK) BLOCK T I --C L iza --C 107 Q-0 6 SEES EE 1 #2 BEING A RESUBDIVISION OF BLOCK "2" AS RECORDED IN FOR EXTERIOR BOUNDARY ONLY FOR INTERIOR LINE K ONLY DEL WEBS AT DOVE MOUNTAIN //I, LOTS 129 AND 168 — 234, BLOCKS "I " AND "2", COMWN AWA BLOCK "l AS RECORDED IN SEQUENCE NO. 20151280191, AND A PORTION OF SECTION 21 AND CA. 'A" Ap 00 YR. FAL (WAWZEIOPEN SP—) 16794 SECTION 22, T1 IS, R12E, G&SRB&M, TOWN OF MARANA, PIMA COUNTY, ARIZONA - N.. WILLIAM N.' azicw M � - - — - — - lis BWR,JR SELE SHEET 02 Baker & Associates En Inc. IRA 3%lE.SunrIm Drive, SubM5 Tu , Aram *85718 ( 620 ) 316 -1960 Tax (SX)316-1931) /pF 091911 R0 EXPIRES: 3131/2017 y, EXPIRES: JOB #2258.7 REF.: PRV-1 505-OM DATE: JANUARY 20, 2016 SHEET 4 OF 8 SEOUENCE# I OOL.OM 2AMR L- PLACE AT I / *T DOVE RMOUHT LOT& 9 - 972 / I BEG. NO. 1710079 I i 1 LOT 07 I LOT as LOT 0& \ �/� , LOT 00 N7269'35'1Y \ 26.00 /i Cq2 LOT so Lit D ...i•' 100 YR. F.P.L \...�. \ LOT / \. ,� : L'01610.Y AREA A' /- '�...�... -G99 SPACE) � _`... LOT 0> / UNN&L ISOWNDEO (PORTUON OF PARCEL 210- 21 -002P) on PHAS tv NNVesTMLL w, L.L.C. 100 YR. F.P.L. LIMIT C0NNDN AIIFA '1' (DRA0Nf2 /OPEN SPACE) 103 Ems"- C 7 i 21 \ UN SU9ROUV I ANNRILO& 6VIDlD \ (PORTION OF PARCEL 290 -31 -0022) (PORTAOH OF PARCEL 210- 81-OOM) \ ON PHASE Lv R6VESTMEAIT, L.L.C. I 00 PHASE Lv MVE L.L.C. \ \ \ \ \ X291 57426 j6 u !ii tip' / I —.- L121 _ J 100 YR. F.P.L. =MW ARFA A' �% / / I CA. A" (DRA9MCF /OPEN SPACE) .i - /'' 152201 SF 412 R� L / 6 H% ( SCALE W FEET -t7a— j b j Z! C.A. •2• /�Ip i- F,' % - -' .e LOT an ' `"- LOT 287 a LOT LOT 28E g ,/,� — - - — C fTf _ g g LOT 285 g f 6645 8 6459 SF 8 `O- 6459 SF h 6459 5= � SF ?,v LOT 291 $ - �� i Cl 04 3 LOT 280 g 6459 SF a g 1. 6459 SF l LOT 212 - x{03 z1 �� 6459 SF a � 6459 SF ds y : N LOT 253 �> — �— — LOT 293 y 5-• yy+8 , 4 i 1 j 8091 SF OOLOERI 2ARREL PLACE , N LOT 262 C 1 14 I®8 L90YE MMOIIR7AfLN, \ gb / / / y ^' ' s 7927 SF j ' — C55 C56 C57 C138 LOTS 9 =972 / • \,�� m< v ` C54 C '145 SEC. A40. 20961710070 / C N $ g LOT 2W 7941 SF �„ 8901 SF z C53 C 117 S _ C52 8 C37 CA A / y ,1 566 SF LOT 278 a i 2 �_�- - - -- / ,ct 8 _ a C12 �0 8566 SF s '0121 m: � T � F , L A•Fi1—� z 8 _ X118 Fi�"'-,-�. _ C84 — C86 8�.5 SF z _ — — — C113 i �'8L� BEET) C82 —C83 — — — — — — — — — _ C87— CB /. X189 C190 C98 /�' (NEW 0 — B et LOT 276 .p C1g6 _ - 3 8 -� ' C80 I �q N _ 9 Cis C , ' LOT 307 wi LOT JIM P g LOT 30.5 JIM / G j B O zt LOT 30M a ti 6530 SF 8 � 65M SF 8 W 6530 SF s° � 65M SF � � LOT 304 0 6 , / 4 9 C96 C 182 — C 181 — LOT 310 8 �+_ 6530 SF 8 ' a t� 8530 Sr „�. L53� N . / C9 6530 SF a 3 I CO LOT A' U LOT 311 $ LOT 302 / / �`• \ C9 (ORNNAGE SPACE) '^ '$ 8530 SF Y . 6396 5= LOT 312 8 - a _C15.f i / o � 4 LOT 313 8 �` C 15 — C�2 _w LOT 315 n5 LOT 314 g t 6702 SF a 1 f L57 16 LOr 70013160 6331 SF S 1- t 6702 SF LOT 317 g - $ a C i 0=1011 ARM A' 100 YR. F.P.L \ _ 7001 SF 014 (ORAMNGE /OPEN SPACE) EASEMENT KEYNOTES O NEW 10' PUAC UrILIY, RaOMMY WIPMONCE AND SIGAAGE EASEDEM GRW70 BY INS PEAT ® IARF14c Mon+ PLEW UTILITY, RQI WY LNMREAMNCE AND WAGE EASWW MM BY DE PEAT (SEE ALSO DET MS ON 9ffTS 2, 4 AND 6) ® NEW SPIT WSLNLDY MWJGLE (" EASELIENT AREA GRAMED TO THE PUBLIC BY ONS PEAT (SEE ALSO DEWS ON SE7S 2, 4 AND 6) O NEW I' PRIVATE NO WHICUEAR ACCESS WEI" MWED BY THIS PLAT O 6X!571100 WYE WOTH PUE.IC SEWER DISDID(I PER L10CKET 11786 /363 AND EX1S M ELECTRIC Mff - -IMIY EASEAW PER DOCKET 122301768 E EXI5 M PUBLIC SEWER EASEIANT PER DOCKET 13204 1PAGE 23M AND SEQUENCE NO. 20121720086 O EXLSIMM. PUBLIC UIMJTI' EAS MEhT PER SEQW4CE NO. 201519MI92 O NEW WMLYMf WIN R2UC UTMNY AND PUBLIC SEWER EASELENT GRANTED BY THIS PLAT O NEW WYT1'MM MOTH PUBLIC UIMM EASEMM GRWIED TO RE PUBLIC BY TM5 PLAT O NEW VAR7'AMG WIN PUBLIC PEDESiRLW ACCESS RSELDJT GRANIED TO THE POIX C BY TM PLAT 14 152740 SF � \ C.A. A" LOT 318 A r 010 1i11 C _---- "_- _- _- _- - -_ --- - -_.� sY`� SW aHEET C OMM APB A' MATC! L.AE - SEE t�ET 07 \ (WA SPACE) — — . — " — . — CA. A" I C.A. 'A' CA. A" t P SEQUENCE # ANAL PLAT for DEL WEBB AT DOVE MOUIVTARY N, LOTS 235 — 343 AND COMMON AREAS A' (DAANAGE /OPEN SPACE, 'B' (OPEN SPACE), 'C' (PUBLIC SEWER /OPEN SPACE) AND BLOCK 'T BEING A RESUBDIVISION OF BLOCK "2" AS RECORDED IN FOR EXTERIOR BOUNOARYONLY FOR INTERIOR LINEWORK ONLY DEL WEBB AT DOVE MOUNTAIN Ill, LOTS 129 AND 168 — 234, BLOCKS "1" AND "2 ", L v s 6794 AS RECORDED IN SEQUENCE NO. 20151280191, AND A PORTION OF SECTION 21 AND SECTION 22, T11S, R12E, G &SRB &M, TOWN OF MARANA, PIMA COUNTY, ARIZONA s 26928 MORRIRISON Fp API, 0s. 4 E8 09 WIT WILLIAM H.' BAKER. A A 0 EXPIRES: 3/31/2017 Baker & Associates Engineering, Inc. 3581 E. Sunrke DAhe, SLft f 5 Tu , Mime 85719 (520) 318 -1%8 Fu(520)318-1930 I II V I.NTW 1 JOB #2258.7 REF.: PRV- 1605-OW DATE: JANUARY 20, 2016 SHEET 5 of 8 SEQUENCE # L29 \� r Jti LOT 262 , A' A4 AND AS - VARYM MATH PWILIC unLITY E.ASSW9 $ / / / C.A. W --------------------------------------------- L16 C C' T4 / � / o, S89'37'1 1'W 295.48' / L 1 232.33 C175 ( L S89'37'1 i '14' - 137.28' - - C143 V (PUBLICPUIB.IC SEMfR WA SPACE) / 812 SF LOT 270 // -L�.. I,i 6456 SF S69'37 I1 'W A N g START E.H.SL § 121.62 o y // 25' OFFSET ! yi �i IF \ N89'4B'34'1I RIVER TRAM 0�� / / mi WI $ X \� - S � G 203.07" (NEW PU&.IC STREET) _ p _ _ _12&12 _ 47.0 52.00 _ 52_00 _ 52.00 / ,•hN 100 M F.P.L ! . / 589'3 11 / -L--z I / l e -0, V 147 0 40 ALE W FEET HAT 261 ,4 - FDIC PECE871MN ACCM E48SWEW DETAIL - LOT 263 EASEAWENT KEYNOTES O NEW 10' PUBLIC UBRY, R0400Y M4hVMMAICE AND SM,N4GE fASEAENT O EXLSTMG PUBLIC SEWER EASEMENT PER DOCKET 132041PAGE 2330 AND GRANTED BY 7MS PUT SEQUENCE NO. 20121720086 ® WRYIIG MOM PDB'IC UnUTY, ROADWAY MVNIDWE AND 92" EASEIENT GRANTED BY TNB PUT (SEE ALSO DETAILS ON O EXISTING PUBLIC UTI EASEMENT PER SEOLaM NO. 20151900192 SHEETS 2, 4 AND 6) B NEW SIGHT WMKfTY MWXE ( EAM" AREA GNWIED 70 O NEW VARVW WIDTH PUBLIC UTM AND PUBLIC SEWER EASEMENT GRANTED THE PUBLIC BY THIS PUT (SEE ALSO DETAILS ON SHEETS 2, 4 AND 6) O BY IRIS PUT NE OC W I' PPoMATE NO YEHICIAAR ACCESS EASEMENT GR ICED BY M PU VAR T O NEW IING MDTH ME UMM EASEIN GRANTED ANTED TO THE PUBLIC BY 7HNS PLAT O D (MM WSRYMK; .MATH PUBLIC SEWER EASE107 PER DOCKET 11786 1363 O NEW K41?H7NG MOM WIBI.HC PEOM W ACCESS EASEMENT GWED TO 7NE AND EXISTING ELECTRIC WIT-OF-MY EASEENT PER DOCKET 122301768 PUBLIC BY TAS PUT (SEE DETAILS - W SHEM ( -S.TB'1 W / l S r C.A. A" it LOT 258 O,Dps65 CFS NW4834 2567.35' (PROPERTY LW) UNSUR I C.A. •e / / CprIDN AFFA '1' ( / �W4 alOPEN SPACE) G / �99 EX. PWXC SEWER EASEMENT PFf1' / p� FWAL PLAT for DOCKET 13204/2330 AH Y ,f DEL WEBS AT DOVE MOiINTAMV N, LOTS 235 —343 ANA SEG. NO. 201217220086 (PWM W COMWON AR6 1 8 • TO RE LOT 2 ABANDONED BY Sfl5k6TE AJSTRUMENT) ,(4 8566 m gas / /�� L22 Asa BEING A RESUBDIVISION OF BLOCK "2" AS RECORDED IN LOT 7W5 274 SF Le 784 v AS RECORDED IN SEQUENCE NO. 20151280191, AND A PORTION OF SECTION 21 AND SECTION 22, T11S, R12E, G &SRB &M, TOWN OF MARANA, PIMA COUNTY, ARIZONA LOT 273 '4' 7680 SF 7680 �`9 EASEAWENT KEYNOTES O NEW 10' PUBLIC UBRY, R0400Y M4hVMMAICE AND SM,N4GE fASEAENT O EXLSTMG PUBLIC SEWER EASEMENT PER DOCKET 132041PAGE 2330 AND GRANTED BY 7MS PUT SEQUENCE NO. 20121720086 ® WRYIIG MOM PDB'IC UnUTY, ROADWAY MVNIDWE AND 92" EASEIENT GRANTED BY TNB PUT (SEE ALSO DETAILS ON O EXISTING PUBLIC UTI EASEMENT PER SEOLaM NO. 20151900192 SHEETS 2, 4 AND 6) B NEW SIGHT WMKfTY MWXE ( EAM" AREA GNWIED 70 O NEW VARVW WIDTH PUBLIC UTM AND PUBLIC SEWER EASEMENT GRANTED THE PUBLIC BY THIS PUT (SEE ALSO DETAILS ON SHEETS 2, 4 AND 6) O BY IRIS PUT NE OC W I' PPoMATE NO YEHICIAAR ACCESS EASEMENT GR ICED BY M PU VAR T O NEW IING MDTH ME UMM EASEIN GRANTED ANTED TO THE PUBLIC BY 7HNS PLAT O D (MM WSRYMK; .MATH PUBLIC SEWER EASE107 PER DOCKET 11786 1363 O NEW K41?H7NG MOM WIBI.HC PEOM W ACCESS EASEMENT GWED TO 7NE AND EXISTING ELECTRIC WIT-OF-MY EASEENT PER DOCKET 122301768 PUBLIC BY TAS PUT (SEE DETAILS - W SHEM ( -S.TB'1 W / l S r C.A. A" it LOT 258 / LOT 317 Lm ale � 7001 SF j0 g6 / Gl' ` C.A. A" X 1 6 % •� C.A. A" / 100 YR. F.P.L. 'DINNMCE /OPEN SPACE) a m S LOT 321 c2 / C215 /r � I NW46 1057.14 O,Dps65 CFS NW4834 2567.35' (PROPERTY LW) UNSUR I FOR EXTERIOR BOUNDARY ONLY L I r i p� FWAL PLAT for HRIS MOORRISON DEL WEBS AT DOVE MOiINTAMV N, LOTS 235 —343 ANA COI4N ION AREAS 'A' (DRANAGE /OPEN SPACE), 4 FS 0315111 IB/ (OPEN SPACE), ' ( PUBLIC SEWER /OPEN SPACE) AND BLOCK `1' BEING A RESUBDIVISION OF BLOCK "2" AS RECORDED IN FOR INTERIORLINEWORKONLY DEL WEBB AT DOVE MOUNTAIN Ill, LOTS 129 AND 168 — 234, BLOCKS "1" AND "2 ", Le 784 v AS RECORDED IN SEQUENCE NO. 20151280191, AND A PORTION OF SECTION 21 AND SECTION 22, T11S, R12E, G &SRB &M, TOWN OF MARANA, PIMA COUNTY, ARIZONA BAKER, M.' 0 9AKER, 1R � Baker &Associates Engineering, Inc. EXPIRES: 3131/2017 Sunrise Drive, Su0e#M 7uom, AMM 106716 (620) 3161950 Fn(520)319-1930 'Pr7Y ldr, 9 JOB 82258.7 REF.: PRV- 1505.003 DATE: JANUARY20,2D16 SHEET 6OF8 / LOT 317 Lm ale � 7001 SF j0 g6 / Gl' ` C.A. A" X 1 6 % •� C.A. A" / 100 YR. F.P.L. 'DINNMCE /OPEN SPACE) a m S LOT 321 c2 / C215 /r � I NW46 1057.14 C.A. A" C.A. A" _ . _ . - . _ _ M4TCHLM : SEE .41 EET'I5 �.�•�'�� 100 YR. F.P.L. LVRT • (A4ANiK /OPEN SPACE) END EH �� �..'" - -..- e@: E.H. 1 F.PI W.uu .. .. .. .. .. .. i C47 _ �` NB9'4B'34 "W 0100 =74 CFS L117 - _. ' � �i...�' w 100 1R. F.P.L. - - _ 52.00' 52.00' 52.00' 52.00' 52 06 52.00' 52.00' 5200' - - 52.00' 51.00' - - 52.00' 52.00' - - 52.00' 52.00' 52.00' 52.00' FWIALTRAL _ (NEW M,B'.IC STREET) _ -_ -_ 105714' O ' 64.00 64.00 64.00 64.00 64.00 64.00 64.00 L73 5200 5200 5200 51.00 52.00 52.00 52.00 - - - - - - - - - - - - - - - - - - - - - - I W W op W W Wpp O TWO W ( W T W O Lu }V 6 ^ O O N S N S N g N 8 I 1 N g N g N g N g N g N g N _ !OT 256 Ri LOT 237 LOT 2S8 ^ c !DT 236 ^ R LDT 754 LOT 7ST ^ R LOT 2ri2 LOT 251 IT 230 IT 21I LOT 216 LOT 147 LOT 21I ^ c LOT 145 - LOT 144 C.A A" ' 7660 SF ^ 76W SF R 7660 SF =' 76W SF 76W SF 7660 SF ^ 7680 SF gI Ig 6240 SF 6140 SF R 6240 SF § 6240 SF R 6240 SF ` 6240 SF § 6240 SF Z C A i1' - - - 64.00' _ - 64.00' _ 64.00_ _ 64.00' - 6400' - _64_00'_ - 6400_ L 5200 _5200' _ 5200' - 5200' - 52.00' 51.00' - - 5200' _ ) W� Are9 '48 I 341V 256735 CONNOW AM V ,` —/ -- W I 9 "ENE DiVIIIIAl® (LIP -1OPEN SPACE) AIR48U6. I STArff OF AN/ZO MLd B mus. I EASEIUENT KEYNOTES O NEW 10' PUBLIC UDUTY, ROOMY MAW06WE AND -WAGE EASEMENT GRANTED BY THIS PUT ® VARYING WIN PU9LIC UTILITY, RO4MY MAWIENANCE AND SIGNACE EASEMENT GRANTED BY THIS PUT (SEE ALSO DETAILS ON SHEETS 2, 4 AND 6) B AE1Y SK#NT MSI9IlTY TTKANCLE (SV4j EASEMENT AREA GRANTED TO THE R1&IC BY R S PUT (SEE ALSO DETAILS ON SHEETS 2, 4 AND 6) O NEW 1' PRIVATE NO 4EAACUUR ACCESS EASEMENT GRANTED BY THIS PUT D EXISTING VARYING *MTN PUBLIC SEWN EASEMENT PER DOCKET 117861363 AND DWMNC ELECTRIC RP T-OF- -WAY EASEMENT PER DOCKET 122301768 O EXISTING MILIC SEMER EASEMENT PEI DOCKET 132041PAGE 2330 AND SEDLENLE NO. 20121720096 O DIISIINO PU" UTILITY EASEMENT PER SEOLENCE ND. 20151900192 O NEW VAPYTNG WIDTH PUBIC UDUTY AND RIBUC SW EASEMENT GRANTED BY THIS PUT O NEW MWYING MIRTH Ra C UDLRY EASEMENT GRANTED TO THE PU&1C BY TARS PLAT O NEW IIARIM W DTH M1BLC PEDB7RNN ACCESS EASEWEIT GRANTED TO THE AMW BY THIS PLAT 0 4 0 SCALE N FEET SEQUENCE # F "L PLAT for DEL WEBB AT DOVE AoKXWAMV N, LOTS 235 — 343 AID COMMON AREAS 'A' (DRAM11 GE /OPEN SPACE), 'B' (OPEN SPACE), 'C' (PUBLIC SEWER /OPEN SPACE) AAD BLOCK '1' FOR EXTERIOR BOUNDARY ONLY FOR INTERIOR LINEWORKONLY � LAND 16784 r 26928 WILLIAM. H. MORRIS IRSE- BAKER, A `< � s!' u' /AF3 031 ,,Il EXPIRES: 3/31/2017 BEING A RESUBDIVISION OF BLOCK "2" AS RECORDED IN DEL WEBB AT DOVE MOUNTAIN III, LOTS 129 AND 168 — 234, BLOCKS "1" AND "2 ", AS RECORDED IN SEQUENCE NO. 20151280191, AND A PORTION OF SECTION 21 AND SECTION 22, T 1 1 S, R 12E, G &SRS &M, TOWN OF MARANA, PIMA COUNTY, ARIZONA Baker & Associates Engineering, Inc. 3561 E. Sunrbe Drha, S9! #225 TYCWN, Arfmn1955718 (520) 318 -1960 Fnc 1520)319 -1900 # Il 1509 — W I JOB #2258.7 REF.: PRV- 1505-003 DATE: JANUARY 20, 2016 SHEET 7 OF 8 SEQUENCE # - # 3ONanoas ����§ ����§ �������§ ��������� §���������������������� §� . . . . . . . . . . . . . . � ��§ �������§§ ����§ ��������� @ �� § § § §� ��� §� ���§ ��������§ ����§ ������������ §��������� §��������� oil ���§§ ����§ �§ �����§§§ ���������� §������� §�� § §������ § §�� ����§ ������������§ �§ �§ ����� §���������� §��� § §����� §��� �g�§ �������§ �§§§ �§§ ���§ �g����§ �§§Q§ ��§ ���������§§ g§§ �§ ������������ �����gg�g�� §��� §�� §� §���� §��Q�� §� § §�����g §� §� §��� §§ ���§§ �§§ �§ �§§ �§ ��§ gg§ �§§ �§§§ g§§§§§ ���g���§ g§§ �§§§ �§§§§ � §� §g § §§ § § § §��g� §������� §����� § §§ § §Q� �g�§ �������§§§ �§§§§§§§ ��§ ��§ �§ �§§§§ ��§ ���§§ gg�g§ �§§§§§ �§§ ��§ ��g�g� §� § §��� § § § §� §��� §��� § §gQ���� §��� § § § §�� §�§ g� § §� ���������§ 111IMMINIIIIIIIII �����§§§ ����������������� Iloilo § §�� § §� §�� §������ § Igloo - -1§ UNION. �������������������§ ����������������� §���� §��� §��������������������� ���§§§ �§§§ �§§ ��������§ �§ ��§ �����§ g§§ �§ ������������ § §�� §� §�� §��Q�� § §� §� §� §���§ ���§§ �§§ �§ �§§ �§ ��§ gg§ �§§ �§§§ g§§§§§ ���g���§ g§§ �§§§ �§§§§ � §� §g § §§ § § § §��g� §������� §����� § §§ § §Q� ��§§ ���§§§ �§§§§§§§ �§ �§§§ ��§ �����§ �§§§§§ ���§§§§ §� § § § § § § §� § §��� § § §��� § § § § § §� § §§ g� § §� ���������§ 111IMMINIIIIIIIII �����§§§ ����������������� Iloilo § §�� § §� §�� §������ § Igloo - -1§ Q k ��� % % �% %\ou � �\ } §\ k� ( � � �\ � � � � � \ 2 .� 3| � � ©�� �� $ � q -» «! ! co d'd mzk C%3 R ca Lj w C.) C.4 ct -WQm Cc L'i rr V) On L. (A \ ���� - . � !�� . -W ���§§ �§ ��§ �§ �§ ���§ �§§ �§ ��§ �§ ��§ ���g���§ �Q§§§§ ���� § § §� §���Q��g����� §����� §���� ��§§ ���§§§ �§§§§§§§ �§ �§§§ ��§ �����§ �§§§§§ ���§§§§ §� § § § § § § §� § §��� § § §��� § § § § § §� § §§ 9111§ 11111111111§ 111IMMINIIIIIIIII Iloilo ���� §��� §� §������ §� §����� §� Location Map !golf Club at Dove Mountai e > , gk . Ifl . Undeveloped Dove Mo untain At Sa �l k •Q 4� 4 Y S �cR u b 4 ,Subject P roperty IL;�" AZ State Land c•k� Tortolita Preserve 31t Case Number: PRV1509 -001 Title Del Webb at Dove Mountain IV Request Approval of a final plat for the resubdivision of Block "2" of Del Webb at Dove Mountain III Final Plat and a portion of Sections 21 & 22, Township 11 South, Range 12 East Marana Regular Council Meeting 02/16/2016 Page 17 of 141 w MARANA =/ I \ PLANNING, S: ENGINEERING APPLICATION ,+ .. } .� ',� + i �� y . •r.,.* .7t� .- .... -� __. _. nisi }..+�f 1 +.iF "{ ��4�A'�7. �i +t� � iFr 9� ��.�'�� +Ly� ��� ��L� a . �`� J r :' �v . LL I + + 7} � �I 17 I - �i1Jr i 5:�� �`' '..' ���` �j �1I � L � '�.,trtL.'_�i. --.�{� ��k�L;�7er' Y'..[.. � ��k� s i ❑ Preliminary Plat ] Final Plat ❑ General Plan Amendnicrit ❑Variance ❑ Development Plan ❑ SWPPP ❑ Landscnpe Plan ❑ Native Plant Permit ❑ Specific Plan Amendment ❑ Conditional Use Pcnnit ❑ Rezone /Specific Plan ❑ Annexation ❑ Significant Land Use Change ❑ Minor Land Division ❑ Water Plan ❑ improvement Plan (sneci in Description of Pro lecf I)ox* ❑ athcr - f f ddd 1 . `Assessor's Parcel See attached General Plan Designation umber s o be confrrmc b sta Gross Area (Acr Sq. Ft.) 2, acres Current Zoning (To be con Firmed b staf Devc1opmcntProjcct Nam c Del Webb At Dove Mtn IV I Zoning Project Location S W ; of Dove Mountain Blvd, and Del Webb Trai Description of Project* Property Owner Street Address City Tucson Contact Person Single Family Residential DM Phase Iv Inv estment, L. L C/ o Co ttonwcoil P rop. ) 3 E, Sunri Dr.t #219 - State Zip Code 'Pitoric Number Fax Numbcr E -i '�41 A d dr ess AZ 857.18 299 -8424 1 bhallinan @cottonwood I imne Number / E - mniI proper i e . cdm Bill Hallinan 1 520 - 299 - 8424 Applicant I Pulte Group , Inc . Street Address 8011 W. Ina Road City State Zip Code Phont Nuinbcr Fax Dumber E -Mai 1 Address Tucson AZ 85741 360 -5509 Tom,Collins @PulteGroup. Contact Pcrson - Phone Number / B - mai 1 Tom Collins 1 520-360-5509 Agent/Representative Baker & As sociAtes Enqineering nc Street Address 3561 E, Sunrise Dr. r #225 City State Zip Code Phonc Nzi nib cr Fax Nunibcr 'Mail Address Tucson AZ 85718 318-1950 318-1930 marry @baetucson. com Contact Person rL'own of Mara.nn us i roc: s Marty M a g e l l i, P. F. License Igo. r 'i ++� . sa S •� LL. , II p NO EH +#+ 1lyi, 'JLJ4�w�ti F rtiK�s . I the � undersi ned certiY f that all of �tIic facts set forth in Ilxis application are true to the best of my knowledge and that I am either the g owner of the property or that I have been withorized in Nvrruhi by [lie owner to file this application and cliecklist. (If not owner of record, attach written authorization from the oNvner.) r /h Print Name of A licant/Acnt S iot�9 . Drive Bldg. A2 ■Marax�a, A,2 5553- 74a3x'Yelcpl►one (52) 352- 2�i00�Fax (520) 11555 W. C ivic Center _ TM AVOOI Rra r Council Meeting 02/16/2016 Page 18 of 141 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C2 Meeting Date: 02/16/2016 To: Mayor and Council From: Steven Vasquez, Planner I Date: February 16, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -015: Relating to Development; approving a final plat for Continental Crossing Lots 1 thru 4 located approximately at the northwest corner of Silverbell Road and Continental Reserve Loop (Steven Vasquez) Discussion: Request Grenier Engineering, on behalf of Daz7- Sombrero Peak, LLC., is requesting the approval of a final plat consisting of 4 lots on 24.96 acres. Lneatinn The subdivision is approximately located at the northwest corner of Silverbell Road and Continental Reserve Loop. Zonin The zoning for the proposed subdivision is "F" - Specific Plan and it falls within the Pima Farms North Specific Plan. Per Ordinance No. 2006.19, the land use designation is "C" - Commercial for the entire site. Transportation and Utilities Lots 1, 2 and 4 will have access from Silverbell Road and Lot 3 from Continental Reserve Loop. Marana Water, Southwest Gas Corp., Tucson Electric Power and Pima County Regional Wastewater Reclamation Department are the utility providers. Development Plan A development plan has been submitted for Lot 2 for an assisted senior living facility. Marana Regular Council Meeting 02/16/2016 Page 19 of 141 Staff Recommendation: Staff has reviewed the request against the requirements of the Pima Farms North Specific Plan Amendment (The Villas at Sombrero Peak) and the Marana General Plan. The final plat is in conformance with all required development regulations and conditions of zoning and recommends approval. Suggested Motion: I move to adopt Resolution No. 2016 -015 approving a final plat for Continental Crossing Lots 1 thru 4 located approximately at the northwest corner of Silverbell Road and Continental Reserve Loop. Attachments Resolution No. 2016 -015 PRV1510 -002 Application PRV1510 -002 Location Map PRV 1510 -002 Final Plat Marana Regular Council Meeting 02/16/2016 Page 20 of 141 MARANA RESOLUTION NO. 2016-015 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR CONTINENTAL CROSSING LOTS 1 THRU 4 LOCATED APPROXIMATELY AT THE NORTHWEST CORNER OF SILVERBELL ROAD AND CONTINENTAL RESERVE LOOP WHEREAS Grenier Engineering, on behalf of Daz7- Sombrero Peak, LLC., has applied for approval of a final plat for a 4 -lot subdivision approximately located at the northwest corner of Silverbell Road and Continental Reserve Loop; and WHEREAS the Marana Mayor and Town Council, at the regularly scheduled meeting on February 16, 2016 determined that the final plat for Continental Crossing Lots 1 thru 4 should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, that the final plat for Continental Crossing Lots 1 thru 4 is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of February, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2016 -015 - 1 - 1/27/2016 SEV Marana Regular Council Meeting 02/16/2016 Page 21 of 141 MARANX I \ PLANNING TOWN OF MARANA SUBMITTAL APPLICATION Type of Application Check One ❑ Annexation ❑ Preliminary Plat Conditional Use Permit ❑ Landscape Plan ❑ Rezone Final Plat ❑ Specific Plan ❑ Development Plan ❑ Variance ❑ Minor Lana Division ❑ Improvement Plan (Specify Type): General Data Required JF 2-2.1 [ o Project Nance; T L R - . z � Parcel #�s }: � II ■■ --� VV Description of Project: Gross Area (Acres):_ �� 9 Project Address/ Location: 069 - N 1 1--V <— P_ ff J9_ Property owner:_ t;�A al _ADM _ `� 1 T JLC. Contact Person: M i 61, Street A ddress : j I C 15 9, J �' � E , b i rye' _eon City :. St ate : Zip Code: Phone ##A _7 4T29 Fax #: Cell #: A L G_P Contact Person : 1 0-0 MAe, � _ _ t Street Address: 5 Ct 1 / - _ Email: rM0 GI 415 girenl -ei' en - & PVI c ity: 1 tip. SPIV State: A - 2., Zip Code.-_9 t Phone 11f 5 °Lo ) _3Z(6, Z. Fax #: Cell #:45za ) 39 D , '1' A ent Rep resen tative: Street Address: City: Phone It: Fax 4 Contact Person: E #�I�kKJ: State: Zip Code: Cell 4 Authorization of Property Owner I, the undersigned, certify that all of the facts set forth in this application are true and correct to the hest of my Knowledge and that I am either the owner of the property or that I have been authorized in writ , b y the owner to file this application. (If applicant is not the owner, a#t r` Uffiorization from the owner). V-1LAYMZ47) MA/,1 h� Print Name of Owner pplicant Signa lure Date Internal Use only: 1, Project No. g ' , a �n �. - �- Date Received Signature f -- ❑ General Plan Amendment ❑ Conditional Use Permit ❑ Landscape Plan ❑ Significant Land Use Change ❑ Native Plant Pernu t ❑ Storm Water (SWPP) ❑ Native Plant Exception ❑ O ther: " ."'._Plan ni "no Procedures. Guikles'�, 014 Guldes ire -App Subrnul"i l chlo k list — n; i 5 Y Marana Regular Council Meeting 02/16/2016 Page 22 of 141 Continental Crossing Lots 1 thru 4 MARAFlk-1, 0 J n 'U"PT&IF Case. PRV1510 I X40 W J 4 III oil 11 - ■ gi p \ fJ' A request for approval of a final plat for a four lot subdivision on 24.96 acres at the southwest corner of Si*lverbell Road and Continental Reserve Loop. Marana Regular Council Meeting 02/16/2016 Page 23 of 141 FINAL PLAT FOR CONTINENTAL CROSSIN LOTS 1 THRU 4 1 GENERAL NOTES 1, THE GROSS AREA OF THIS DEVELOPMENT IS 1,087,069 S.F. (24.96 AC.), 2. THE TOTAL NUMBER OF LOTS IS 4. J. THE EXISTING ZONING IS F - SPECIFIC PLAN (PIMA FARMS NORTH) WITH A LAND USE DESIGNATION OF 'C' (VILLAGE CORE - COMMERCIAL) PER ORDINANCE NO. 89.20 AND AS AMENDED PER ORDINANCE NO. 2006.19. 4. THE TOTAL LENGTH OF NEW STREETS IS 0 MILES, 5. THE MINIMUM ALLOWABLE LOT SIZE IS "NONE" PER THE PIMA FARMS NORTH SPECIFIC PLAN AMENDMENT - THE VILLAS AT SOMBRERO PEAK, 6. THE MINIMUM LOT SIZE PROPOSED PER THIS PLAT IS 41,869 S.F. (0.96 AC.). 7. THE AVERAGE LOT SIZE PROPOSED PER THIS PLAT IS 271,767 S,F. (6.24 AC.). 8. THE MAXIMUM LOT SIZE PROPOSED PER THIS PLAT IS 809,419 S.F. (18.58 AC). 9. THE MAXIMUM ALLOWABLE BUILDING HEIGHT IS 34 FT *(EXCEPT AS NOTED BELOW) 10. BUILDING SETBACKS (PER PIMA FARMS NORTH SPECIFIC PLAN AMENDMENT - THE VILLAS AT SOMBRERO PEAK): - ALONG SILVERBELL FRONTAGE. 25 FT - SIDE 1 FT - REAR: 25 FT EXCEPT FOR CORNER LOTS, WHICH MAY BE REDUCED TO 10 FT PROVIDED THE MINIMUM SIDE YARD ON THE SIDE STREET IS 20 FT - "A FIFTY (50) FOOT BUILDING SETBACK SHALL HE PROVIDED ADJACENT TO RESIDENTIAL USES WITH THE EXCEPTION OF COVERED PARKING. WHERE COMMERCIAL USES ARE ADJACENT TO RESIDENTIAL AREAS, A LANDSCAPE PLANNING AND /OR A 6 FOOT MASONRY WALL SHALL BE REQUIRED TO EMULATE RESIDENTIAL LANDSCAPING AND DIFFUSE LIGHT AND GLARE, WHICH MAY OCCUR FROM NIGHT OPERATIONS." (MARANA ORDINANCE 2006.19) - * "STRUCTURES WITHIN 100 FEET OF THE PROPERTY LINE OF THE EXISTING CONVENIENCE STORE (QUICK MART) SHALL BE LIMITED BY A 35 FOOT SETBACK FROM SILVER3ELL ROAD AND A MAXIMUM BUILDING HEIGHT OF 28 FEET." (MARANA ORDINANCE 2006.19) IL BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PROJECT IS THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY ARIZONA. XO BEARING BEING SOUTH 89'42'1 WEST, AS SHOWN HEREON. 12 NO FURTHER LOT SPLITTING SHALL BE DONE WITHOUT THE WRITTEN APPROVAL OF THE TOWN OF MARANA, 13, APPROVAL OF THIS PLAT DOES NOT AFFIRM, CERTIFY, OR APPROVE ANY LAND DIVISION THAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OF, OR COMPLIANCE WITH, ANY DEED RESTRICTIONS OR EASEMENTS. 14. ALL NEW AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THE SITE SHALL BE PLACED UNDERGROUND EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 46 KV OR GREATER, AND THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTURE ELECTRICAL TRANSMISSION CORRIDORS. 15, OBJECTS AND MATERIALS WITHIN SIGHT VISIBILITY TRIANGLES SHALL BE PLACED SO AS NOT TO INTERFERE WITH A VfSf8fLfTY PLANE DESCRIBED BY TWO HORIZONTAL LINES LOCATED 30" AND 72" ABOVE FINISHED GRADE OF THE ROADWAY SURFACE, AND SHALL CONFORM TO SECTION 4.8 OF THE TOWN OF MARANA SUBDIVISION STREET STANDARDS, LE INSTALLATION OF ITEMS SUCH AS LANDSCAPE, FAROSCAPE, IRRIGATION, DRAINAGE IMPROVEMENTS, SIGNAGE, MONUMENTATION, WALLS, ETC, WITHIN THE PUBLIC RIGHTS -OF -WAY SHALL REQUIRE A LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE, AND INDEMNIFICATION. THIS DOCUMENT SHALL BE EXECUTED PRIOR To FINAL APPROVAL OF LANDSCAPE PLANS OR IMPROVEMENT PLANS ALLOWING INSTALLATIONS WITHIN THE PUBLIC RIGHTS-OF-WAY. 17. THE AREA BETWEEN 100-YEAR FLOOD LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT 70 FLOODING FROM A 100-YEAR FREQUENCY FLOOD AND ALL LAND IN THIS AREA WILL BE RESTRICTED TO USES THAT ARE COMPATIBLE WITH FLOODPLAIN MANAGEMENT AS APPROVED BY THE FLOODPLAIN ADMINISTRATOR. 18. THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO THE FORM, LINE, AND FUNCTION OF ALL PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE STRUCTURES BEFORE T HE RELEASE OF ASSURANCES. 19, THE AREA BETWEEN I00-YF,4R FLOOD LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT TO FLOODING FROM A 100-YEAR FREQUENCY FLOOD AND ALL LAND IN THIS AREA WILL BE RESTRICTED 1-0 USES THAT ARE COMPATIBLE WITH FLOODPL4jN MANAGEMENT AS APPROVED BY THE FLOODPLAIN ADMINISTRATOR. 20. IF ANY HUMAN REMAINS OR FUNERARY ITEMS ARE DISCOVERED DURING CONSTRUCTION, OR AT ANYTIME, ALL WORK MUST STOP IN THE AREA OF THE REMAINS AND THE REPATRIATION COORDINATOR OF THE ARIZONA STATE MUSEUM SHALL BE IMMEDIATELY CONTACTED AT (520) 621-4795. PURSUANT TO A.R 41--865, 91 GRENTER ENGINEERING, BIG. Structurat & Civl En Cahsultants 5524 East 4th Street, Tucson, Arizona 85711 Phone: 520.326.7082 - Fax: 520,326.7608 DEDICATION A WATER SUPPL WE, THE UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PARTIES HAVING A CERTIFICATION OF ASSURED WATER SUPPLY HAS BEEN RECEIVED FROM ANY FEE TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND WE CONSENT TO THE THE DIRECTOR OF WATER RESOURCES, SUBDIVISION OF THIS LAND IN THE MANNER SHOWN ON THIS PLAT. WE AND OUR SUCCESSORS AND ASSIGNS HEREBY HOLD THE TOWN OF MAPANA, ITS EMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF THESE LANDS NOW AND IN THE FUTURE BY REASON OF BY FLOODING, FLOWAGE, EROSION, OR DAMAGE CAUSED BY WATER, WHETHER SURFACE FLOOD, MARANA WATER DIRECTOR DATE OR RAINFALL. NATURAL DRAINAGE SHALL NOT BE ALTERED, DISTURBED, OR OBSTRUCTED WITHOUT TTHE , APPROVAL OF THE TOWN OF MARANA. BY A zlrl�-d DATE TOWN OF MARAN,4 APPROVALS DAZ7-SOMBRERO PEAK, LLC 1795 E SKYLINE DR., SUITE 193 TUCSON, AZ 85718 P.E. STATE OF ARIZONA SS TOWN ENGINEER DEVELOPMENT ENGINEER DATE COUNTY OF PIMA ON THIS L, DAY O -L- 20 BEFORE ME, THE UNDERSIGNED MARANA PLANNING DIRECTOR DATE PERSONALLY APPEARED ;L17 (A 1, IF WHO ACKNOWLEDGED HIMSELF TO BE AUTHORIZED SO TO DO, EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSE THEREIN. MARANA WATER DIRECTOR DATE f 4 MY COMMISSION EXPIRES --NOTARY-PqBL1Q CLERK Or THE TOWN OF MARANA HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE TOWN COUNCIL OF THE TOWN OF MARANA ON THE DAY F ------ — DAY OF 20-- ASSURANCES THE TOWN OF MARANA DOES NOT REQUIRE THE SUBDIVIDER TO PROVIDE BY SUBDIVISION ASSURANCES FOR THIS SUBDIVISION. ANY SUBDIVISION CLERK OF THE TOWN OF MARANA DATE IMPROVEMENTS REQUIRED BY ARIZONA REVISED STATUTES SECTION 9-463.01(C)(8) AND MARANA LAND DEVELOPMENT CODE SECTION 06.06 HAVE BEEN PROVIDED. RECORDING STATE OF ARIZONA FEE COUNTY OF PIMA SEQUENCE NO. THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST OF ON THIS DAY OF 20 ---, AT M. IN SEQUENCE NUMBER THEREOF. F ANN RODRIGUEZ PIMA COUNTY RECORDER BY DEPUTY PIMA COUNTY APPROVAL P.CR.W.RD DATE OWNER DAZ7-SOMBREf?O PEAK, LLC CONTACT MICHAEL SARABIA ADDRESS 1795 E. SKYLINE DR,, SUITE 193 TUCSON, AZ 85718 PHONE (520) 297-8929 CERTIFICATION OF SURVEY I HEREBY CER77FY THAT THE BOUNDARY SURVEY AS SHOWN ON THIS PLAT WAS PERFORMED UNDER MY DIRECTION MO THAT ALL EXISTING ANDIOR PROPOSED SURVEY MONUMENTS AND MARKERS SHOWN ARE tj CORRECTLY DESCRIBED. jAV01 L DAV L PUTT, R L.S. DATE ARIZONA REGISTRATION NO, 13019 CERTIFICATION OF ENGINEERING_ I HEREBY CERTIFY THAT THE INTERIOR LOT,L14 GEOMETRY, NEW EASEMENTS FLOOD PRONE LIMITS, AND /OR EROSION HAZARD SETBACKS SHOWN ON THIS PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION. I FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION, THE VILLAS AT CONTINENTAL CONTINENTAL RANCH PARCEL- RANCH (I -50) 17 (V7) HK B 1 PG 17 P 8K 45 77 v 20: 21Y,4A SILVER 9001 CONTINENTAL (1 -101) RANCH PARCEL BK 51 PC 55 11 (1 - 142) BK 46 PG 17 THIS PROJ T PIMA FARMS RD r CANYON COMMUNITY BANK CONTINENTAL R & THE RETAIL BLOCKS I & 7 (1 -6 ZlYSHOPPES (1-4) 6K 56 P 8 /1 HK 64 PG 64 SIERRA CREST (1 - 146) CONTINENTAL RESERVE BK 55 PG 84 COMMUNITY PARK BK 53 PG 35 LOCATION MAP SCALE: J' = 1 MILE A PORTION OF SECTION 28, T-12-S, R-12-E GILA AND SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA LEGEND NEW EXISTING INDICATES A 112- REBAR TAGGED BY AN R TO BE SET UPON COMPLETION OF CONSTRUCTION FOUND SURVEY MONUMENT AS NOTED FOUND CORNER, AS NOTED C I SURVEY CALCULATED POINT BOUNDARY LINE IOOYR FLOOD LIMITS EROSION HAZARD SETBACK EASEMENT LINE MONUMENT LINE GENERAL ACCESS LOCATION FINAL PLAT FOR 37 07 RICHARD G� MACIAS CONTINENTAL CROSSING LOTS 1 THRU 4 RESUBDIVISION OF BLOCK 4 OF "CONTINENTAL RESERVE. BLOCK 1-20", BOOK 53, PAGE 35, MAPS & PLATS, AND A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. RELATED CASE(S): SPA-06016 PREPARATION DATE: 12/1512015 PRV1510-002 SHEET 1 OF 3 qFOI 1 FNIrP NI, JMRFR FOUND 1/2" FOUND J' BRASS CAP SURVEY MONUMENT IN CAS TING "S mw � �, -Em 3 iK� V M, C, O NRTH ZONING: SCALE: 1' 60' C" "I CUKT�XMF�",L # CONTINENTAL RANCH SPECIFIC PLAN pcl_?� 3 UZ-22-9052 5 f F FOUND 112 REBAR 709, '98 N 1 110 5- p, I V DO I 3 RIX Z11 Ai Lw 81K 4116 F ZNING. F L ZONING: F CONTINENTA CONTINENTAL RANCH SPECIF IC PLAN RANCH ZONING F CONTINENTAL RANCH R-10 D7 S.0© ' 4, / (PU49 1?0AD SPECIFIC PLAN SPECIFIC PLAN .00 DKr 941, �EEV 01,41 4,4 562 5 7' 00 496.1,5 9. R U tk S j 30 R E� E 0� 66 # FOUND J' BRASS CAP �26,42i4NED&P R- 1000 PTAL 30 3f h' a 00 CMJ A- 34' BURLEY MONUMENT IN uw 8 Uj 1�� 1�xq r, E r CONCRETE n A FL 12 :! � 4 e- - - - - - - FOUND J" BRASS CAP 15��480 & FL36 L=2124' R, 7� F SYT SURVEY MONUMENT IN :-, _ CONCRETE c,_ A III Z'Z;4,jj' 2 67 28' 3 o 4, & -- , LOT I (41,869 SYJ ' Z�415 4 k- -2-2i tPl � 'k ,g 0.96ACRES) C4 FOUND 3' BRASS CAP SURVEY ', /, w 2 S56-05' O`E 59.76' NEW ELECTRIC EASEMENT FOUND 1/2" REB4R, MONUMENT IN IS 12122 CONCRETE Az r tz! 7 BY SEPARATE INSTRUMEN F PIMA FARMS NORTH Li i SPECIFIC PLAN C 51'C "A ti 7 1 S21'51'79"W 26.33' 1 I I LOT2 I I F "PTIM # ti RV ]L ;t - 22% _21-0LE"If I �;O 7 7 e ta ,,- ra -t) -c", M 0 �3y U, Fal 61A ZONING: F (173,638 S.F./ 3.99ACRES) FOUND 3' BRASS CAP SURVEY MONUMENT IN M CONTINENTAL RANCH SPECIFIC PLAN FL22 CONCRETE F OU ND OUND 112� FOUND J14 RE84R, LS ALUMINUM CAP IN 21 7 87 CONCRETE EROSION HAZARD SETBACK NEW 20' PUBLIC WATER EASEMENT BY SEPARATE INSTRUMENT S75'39'32 LA So, 249.8,3' (M) 249.72' (TR & R ) 01 50 0 LOT 4 EROSION HAZARD tg n FOUND 112- REBAR LOT 3 . 0 0 0 1 FOUND 1- 112' 45 .0 S.Fl ALUMINUM CAPPED RIK L'T Fa �5 (809,4 1 9 S. F1 SETBACK 18.58 ACRES) (61,943 PIN, LS 12122 1.42 ACRES) L FOUND J" BRASS CAP SURVEY ZONING: F PIMA FARMS NORTH IODW FLOOD LIMITS cp 100YR FLOOD ZONING, F LIMITS S64' S'4*24'1;,-r ---- 15XJ80 - 1 11 0 1 'L, MONUMENT IN SvT L1 0-�._ 'E 35 (R CONCRETE 26 'a SPECIFIC PLAN PIMA FARMS NORTH SPECIFIC PLAN 1 112 87, ALUMINU CAPPED 55 - - - - - - - - 4 55,0 PIN, LS 27747 168-00 t FOUND 7 - 112" PR SO n 'E rn ALUMINUM CAPPED' SEE LE: PIN, LS 27747 DETAIL 1' 5 64 C , IW113,"A ',ILI 'w, mm SHEET 31 / L ' EXISTING TEMPORARY CONSTRUCTION z a, M., Z g FL 13 I NO ACCESS EASEMENT ANO PERMANENT STORY EXIS77NG 10' PUBLIC UTILITY AND LANDSCA E4SEUEN FOUND 112- E4SEMENT WATER CHANNEL LASEMENr, PER T, PER SK 55 PC 84 NORTHWEST CORNER RE94h, LS 22245 09,47' _�Al 7 CIF! °" , _Z' DOCKET IJ490, PAGE 254, BOOK 53, PACE J5, MAPS & L� SCHEDULE ITEM No, 7 PLATS SCHEDULE 18 ITEM No, 9 ZONING, F FOUND 1-112� SECTION 28 PER BOOK 51, PAGE 55, 83 , (C) 1372, � 1� All � (R2) PIMA FARMS FOUND 3' P ALUMINUM CAPPED _Y SPECIFIC PLAN T IN N SURVEY 0 MAPS )PLATS ! 'W 1 1 UK 10E FE 4 8 (R) 13, - 5 BASI 3 8fpIN pF PN, LS 14145 S89 '471 10,27' 586 796 .60)' FOUND 1 -7/2' ALUMINUM CAPPED ZONIN.". F 9 L K 7 1', , e j 01 PIMA FARMS SPECIFIC PLAN j P✓N, LS 13019 MM2 --j8 WEST QUARTER CORNER . ........ T FINAL PLAT FOR EC SE CTION 28, PER ROOK 51, PAGE 55, CONTINENTAL C SING ROS G RENIER MAPS & PLATS LOTS 1 THRU 4 RFSUBDfVISI0N OF BLOCK 4 OF "CONTINENTAL RESERVE, BLOCK 1-20", ENGINEERING, INC. Structural & CjO Ert Consultants BOOK 53, PAGE 35, MAPS & PLATS, AND A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. 5524 East 4th Street, Tucson, Arizona Phone: 520.326-7082 - Fax: 520.326.7508 65711 RELATED GASE(S): SPA-06010 PREPARATION DATE: 12/1512015 PRV1510-002 SHEET 2,e 4,3 - 92501! NUMBER 100 YR FLOOD LIMIT LINE TABLE LINE DISTANCE BEARING FL 210.93' N52'32'35'E FL2 210.98' N49'3955'E FL3 167.99' N52`5644'E FL4 72.19' N48'56'23 E FL5 68.93' N53 °5505 E F16 49.70' N84 °2234 "E FL7 80.39' N40'24'49'E F18 65.46' N30'5827 "E FL9 39.22' N24'28 26E FLIO 43.64' NI6'54'0fi E FL71 31,37' N5'5543E FL 12 9.60' N28'06'35V FL 13 8.95' N600'48"W FL 14 43.52' N70'2923 "W FL 15 46.26' NM'30' 13 "W FL 16 44.43' NB'02'43 W FL 17 85.57' N2926'1 7 FL 18 34.79" N21'0924 "W FL 19 84.02' N20'06'01 E FL20 46.22' N61'59'34 "W FL21 82.88' NI9'52'02"W FL22 10.41' N49'12'51 "W FL23 9.30' N55'41'13 "E FL24 34,72' N393944 "E FL25 26.05' N30'57'25 E FL26 19.82' N5'00'38 E FL27 9.96' N21'39'27E FL28 5.01' N71'05'38 E FL29 12.54' N21'4424'E FL30 15.81' N4846'18 "W FL31 23.94" N51'1510 'W FL 54.15' N34'48'04 "E FL33 30.15' Nl752 3 "E FL34 37.68' N 19'53'20'E FL35 34,90' N18'30'30'E FL36 11.97' N52°5 1'34E GREN IER ENGINEERING, INC. Structural & Civil Engineeeing Consultants 5624 East 4th Street, Tu.-, A,iZ -a 85711 Phone: 520.326.7082 -.. Fax: 520.326.7608 BOUNDARY LINE TABLE LINE DISTANCE BEARING L1 27.59' (M) 27.53' (R & R2) SO4'44'19 7 E L2 10.03' (R & M) S89'42'03'W L3 73.37' (M) 73.33' (TR & R) 504'48'30E L4 45.04' (M) 45,00' (R) N85'20'51 "E L5 55.00' (R & M) N85 I E L6 55 00' (R & C) N&9°44 50V L7 38.10' N21'51'19E L8 69.42' N21'51'19 E L9 8.10' S64'24'17 "E L10 4.48' N89'42'11'E BOUNDARY CURVE TABLE CURVE # RADIUS LENGTH DELTA C1 425.00' (R & M) 185.47' (R & M) 185.32' (R2) 25'00 (R & M) C2 600.00' (R & M) 15.47' (M) 15.52' (TR & R) 17.8'39" (M) C3 23.00' 15. 38`37'02" C4 57.00' 46.26' 46'37 21 ° C5 63,00' 93.62' 85'08'23" N7'49'59E 19.70' NEW SVT ESMT SO4'4 "E PER THIS PLAT l 19:56' FOUND 1 -112" -_ ALUMINUM CAPPED PIN, LS 12122 / NORTH 689.42'03"W SCREE: I 217' 4.32' `\ js N04 9V S749'59"W 1.64' 25.85' R- 425.00' NEW SVT ESMT A =3 OT' PER THIS PLAT 15'X380' SVT S84'40 55'E R =425.00' 5.00' L= 30.62' N84'40'55 "W A- 4'07'40" 7.52" 15'X30` if NEW SVT ESMT PER THIS PLAT l R= 425.00' S20'45'27'E w' L= 1626' 18.10' A=2'1 1 '32" ox Im SVT EASEMENT DETAIL SCALE: 1"=20' s Ir F FINAL PLAT FOR CONTINENTAL CROSSING LOTS 1 THRU 4 RESUBDIVISION OF BLOCK 4 OF "CONTINENTAL RESERVE, BLOCK 1 -20 ", BOOK 53, PAGE 35, MAPS & PLATS, AND A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GIL4 AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. RELATED CASE(SI: SPA -06010 PREPARATION DATE: 1211512015 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C3 Meeting Date: 02/16/2016 To: Mayor and Council From: Erik Montague, Finance Director Date: February 16, 2016 Strategic Plan Focus Area: Commerce Subject: Ordinance No. 2016.003 Relating to Transaction Privilege Tax; adopting "The 2012 -2014 Amendments to the Tax Code of the Town of Marana" by reference; establishing effective dates; providing for severability; and providing penalties for violations (Erik Montague) Resolution No. 2016 -016 Relating to Transaction Privilege Tax; declaring as a public record filed with the Town Clerk that certain document known as "The 2012 -2014 Amendments to the Tax Code of the Town of Marana" (Erik Montague) Discussion: The League of Arizona Cities and Towns has forwarded the 2012 -2014 amendments to the Model City Tax Code for the Town of Marana. Traditionally, these amendments are received from the League every year or two. However, these amendments represent the first received since 2011. The amendments are items that, when adopted, will bring the Town Tax Code into conformance with State law. Following each legislative session Arizona cities and towns through the Unified Audit Committee (UAC) review new state laws to determine areas of the Model City Tax Code that require adjustment to maintain conformity with state law. As the UAC prepares and approves tax code changes they are forwarded to the business community for comment and then to the Municipal Tax Code Commission for final approval before presenting them to town councils for adoption. A brief summary of these changes is attached to this item. Arizona State law allows cities and towns to enact the provisions of a code or amendment to the code without publishing the entire code. The law does require that three copies of the code shall be filed in the office of the Town Clerk and made available for public use and inspection. Marana Regular Council Meeting 02/16/2016 Page 27 of 141 The attached resolution will establish "The 2012 -2014 Amendments to the Tax Code of the Town of Marana" as a public record and direct the Town Clerk to maintain three copies on file. By adopting the amendments by reference it will save the Town from publishing the numerous pages of amendments in the newspaper. Staff Recommendation: Staff recommends approval of Ordinance No. 2016.003; adopting the 2012 -2014 Amendments to the Tax Code of the Town of Marana and Resolution No. 2016 -016; declaring the amendments to be a public record. Suggested Motion: I move to adopt Ordinance No. 2016.003, adopting the 2012 -2014 Amendments to the Tax Code of the Town of Marana, and Resolution No. 2016 -016 declaring the amendments to be a public record. Attachments Ordinance No. 2016.003 Resolution No. 2016 -016 Exhibit A to Resolution - Tax Code Amendments Tax Code Change Summary Marana Regular Council Meeting 02/16/2016 Page 28 of 141 MARANA ORDINANCE NO. 20169003 RELATING TO TRANSACTION PRIVILEGE TAX; ADOPTING "THE 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA" BY REFERENCE; ESTABLISHING EFFECTIVE DATES; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES FOR VIOLATIONS WHEREAS A.R.S. § 42 -6002 provides a procedure for the levy of transaction privilege taxes by a city or town; and WHEREAS A.R.S. § 9 -240 provides that the Town Council shall have control of the finances of the town; and WHEREAS the Town Council has adopted the Model City Tax Code as defined by A.R.S. §42 -6051; and WHEREAS the Town Council finds that the amendments to the Town Tax Code addressed by this ordinance are in the best interests of the community. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. That certain document known as "The 2012 -2014 Amendments to the Tax Code of the Town of Marana", three copies of which are on file in the office of the Town Clerk- of the Town of Marana, Arizona, which document was made a public record by and attached as Exhibit A to Resolution No. 2016 -016 of the Town of Marana, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. SECTION 2. Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as herein above described. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of these amendments to the tax code adopted herein by reference is for 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 thereof. SECTION 4. The provisions of this ordinance conforms this local code to the Model City Tax Code, which is controlling. The provisions of each section are effective as stated in each section and are as provided by the Municipal Tax Code Commission upon approval of the stated change to the Model City Tax Code. Provisions subject to a retroactive effective date at the time of approval by the Municipal Tax Code Commission favor taxpayers by reducing an imposition of the tax or increasing an allowable deduction, exemption, or exclusion. Provisions Marana Ordinance No. 2016.003 - 1 - Marana Regular Council Meeting 02/16/2016 Page 29 of 141 that increase the imposition of the tax or decrease the application of a deduction, exemption, or exclusion had a prospective effective date at the time of approval by the Municipal Tax Code Commission. Provisions creating a new Option state the first effective date the new Option is available for selection. Provisions eliminating an existing Option state the last effective date of the eliminated Option. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16 day of February, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No. 2016.003 -2- Marana Regular Council Meeting 02/16/2016 Page 30 of 141 MARANA RESOLUTION NO. 2016-016 RELATING TO TRANSACTION PRIVILEGE TAX; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THAT CERTAIN DOCUMENT KNOWN AS "THE 2012- 2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA" BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that that certain document known as "The 2012 -2014 Amendments to the Tax Code of the Town of Marana ", a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16 day of February, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2015 -016 - 1 - Marana Regular Council Meeting 02/16/2016 Page 31 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section I. Model City Tax Code Section 8 -100 is amended as follows, with an effective date of January 1, 2007 for the change to "Business "; October 1, 2007 for the change to "PrnvAbotie_" Sec. 8 -100. General definitions. For the purposes of this Chapter, the following definitions apply: " Assembler " means a person who unites or combines products, wares, or articles of manufacture so as to produce a change in form or substance of such items without changing or altering component parts. " Broker " means any person engaged or continuing in business who acts for another for a consideration in the conduct of a business activity taxable under this Chapter, and who receives for his principal all or part of the gross income from the taxable activity. " Business " INCLUDES all activities or acts, personal or corporate, engaged in OR caused to be engaged in with the object of gain, benefit, or advantage, either directLY or indirectLY, but DOES not INCLUDE EITHER: casual activities or sales; OR THE TRANSFER OF ELECTRICITY FROM A SOLAR PHOTOVOLTAIC GENERATION SYSTEM TO AN ELECTRIC UTILITY DISTRIBUTION SYSTEM. " Business Day means any day of the week when the Tax Collector's office is open for the public to conduct the Tax Collector's business. " Casual Activity or Sale means a transaction of an isolated nature made by a person who neither represents himself to be nor is engaged in a business subject to a tax imposed by this Chapter. However, no sale, rental, license for use, or lease transaction concerning real property nor any activity entered into by a business taxable by this Chapter shall be treated, or be exempt, as casual. This definition shall include sales of used capital assets, provided that the volume and frequency of such sales do not indicate that the seller regularly engages in selling such property. " Combined Taxes means the sum of all applicable Arizona Transaction Privilege and Use Taxes; all applicable transportation taxes imposed upon gross income by this County as authorized by Article III, Chapter 6, Title 42, Arizona Revised Statutes; and all applicable taxes imposed by this Chapter. " Commercial Property is any real property, or portion of such property, used for any purpose other than lodging or lodging space, including structures built for lodging but used otherwise, such as model homes, apartments used as offices, etc. " Communications Channel means any line, wire, cable, microwave, radio signal, light beam, telephone, telegraph, or any other electromagnetic means of moving a message. " Construction Contracting refers to the activity of a construction contractor. " Construction Contractor means a person who undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement to real property, or to do any part thereof. "Construction contractor" includes subcontractors, specialty contractors, prime contractors, and any person receiving Page 1 of 47 Marana Regular Council Meeting 02/16/2016 Page 32 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA consideration for the general supervision and /or coordination of such a construction project except for remediation contracting. This definition shall govern without regard to whether or not the construction contractor is acting in fulfillment of a contract. " Delivery (of Notice) by the Tax Collector means "receipt (of notice) by the taxpayer ". " Delivery, Installation, or Other Direct Customer Services means services or labor, excluding repair labor, provided by a taxpayer to or for his customer at the time of transfer of tangible personal property; provided further that the charge for such labor or service is separately billed to the customer and maintained separately in the taxpayer's books and records. " Engaging ", when used with reference to engaging or continuing in business, includes the exercise of corporate or franchise powers. " Equivalent Excise Tax means either: (1) a Privilege or Use Tax levied by another Arizona municipality upon the transaction in question, and paid either to such Arizona municipality directly or to the vendor; or (2) an excise tax levied by a political subdivision of a state other than Arizona upon the transaction in question, and paid either to such jurisdiction directly or to the vendor; or (3) an excise tax levied by a Native American Government organized under the laws of the federal government upon the transaction in question, and paid either to such jurisdiction directly or to the vendor. " Federal Government means the United States Government, its departments and agencies; but not including national banks or federally chartered or insured banks, savings and loan institutions, or credit unions. " Food " means any items intended for human consumption as defined by rules and regulations adopted by the Department of Revenue, State of Arizona, pursuant to A.R. S. Section 42 -5106. Under no circumstances shall "food" include alcoholic beverages or tobacco, or food items purchased for use in conversion to any form of alcohol by distillation, fermentation, brewing, or other process. Under no circumstances shall "food" include an edible product, beverage, or ingredient infused, mixed, or in any way combined with medical marijuana or an active ingredient of medical marijuana. " Hotel " means any public or private hotel, inn, hostelry, tourist home, house, motel, rooming house, apartment house, trailer, or other lodging place within the Town offering lodging, wherein the owner thereof, for compensation, furnishes lodging to any transient, except foster homes, rest homes, sheltered care homes, nursing homes, or primary health care facilities. " Jet Fuel means jet fuel as defined in A.R.S. Section 42 -5351. " Job Printing means the activity of copying or reproducing an article by any means, process, or method. "Job printing" includes engraving of printing plates, embossing, copying, micrographics, and photo reproduction. " Lessee " includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. " Lessor " includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. Page 2 of 47 Marana Regular Council Meeting 02/16/2016 Page 33 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA " Licensing (for Use) means any agreement between the user ( "licensee ") and the owner or the owner's agent ( "licensor ") for the use of the licensor's property whereby the licensor receives consideration, where such agreement does not qualify as a "sale" or "lease" or "rental" agreement. " Lodging_ (Lodging Space) means any room or apartment in a hotel or any other provider of rooms, trailer spaces, or other residential dwelling spaces; or the furnishings or services and accommodations accompanying the use and possession of said dwelling space, including storage or parking space for the property of said tenant. " Manufactured Buildings means a manufactured home, mobile home or factory built building, as defined in A.R.S. Section 41 -2142. " Manufacturer " means a person engaged or continuing in the business of fabricating, producing, or manufacturing products, wares, or articles for use from other forms of tangible personal property, imparting to such new forms, qualities, properties, and combinations. " Medical marijuana means "marijuana" used for a "medical use" as those terms are defined in A.R. S. Section 36 -2801. " Mining and Metallurgical Supplies means all tangible personal property acquired by persons engaged in activities defined in Section 8 -432 for such use. This definition shall not include: (1) janitorial equipment and supplies. (2) office equipment, office furniture, and office supplies. (3) motor vehicles licensed for use upon the highways of the State. " Modifier " means a person who reworks, changes, or adds to products, wares, or articles of manufacture. " Nonprofit Entity means any entity organized and operated exclusively for charitable purposes, or operated by the Federal Government, the State, or any political subdivision of the State. " Occupancy _(of Real Property) means any occupancy or use, or any right to occupy or use, real property including any improvements, rights, or interests in such property. " Out -of -Town Sale means the sale of tangible personal property and job printing if all of the following occur: (1) transference of title and possession occur without the Town; and (2) the stock from which such personal property was taken was not within the corporate limits of the Town; and (3) the order is received at a permanent business location of the seller located outside the Town; which location is used for the substantial and regular conduct of such business sales activity. In no event shall the place of business of the buyer be determinative of the sites of the receipt of the order. For the purpose of this definition it does not matter that all other indicia of business occur within the Town, including, but not limited to, accounting, invoicing, payments, centralized purchasing, and supply to out -of- Town storehouses and out -of -Town retail branch outlets from a primary storehouse within the Town. Page 3 of 47 Marana Regular Council Meeting 02/16/2016 Page 34 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA " Out -of -State Sale means the sale of tangible personal property and job printing if all of the following occur: (1) the order is placed from without the State of Arizona; and (2) the property is delivered to the buyer at a location outside the State; and (3) the property is purchased for use outside the State. " Owner- Builder means an owner or lessor of real property who, by himself or by or through others, constructs or has constructed or reconstructs or has reconstructed any improvement to real property. " Person " means an individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, broker, the Federal Government, this State, or any political subdivision or agency of this State. For the purposes of this Chapter, a person shall be considered a distinct and separate person from any general or limited partnership or joint venture or other association with which such person is affiliated. A subsidiary corporation shall be considered a separate person from its parent corporation for purposes of taxation of transactions with its parent corporation. " Prosthetic " means any of the following tangible personal property if such items are prescribed or recommended by a licensed podiatrist, chiropractor, dentist, physician or surgeon, naturopath, optometrist, osteopathic physician or surgeon, psychologist, hearing aid dispenser, physician assistant, nurse practitioner or veterinarian: (1) any man -made device for support or replacement of a part of the body, or to increase acuity of one of the senses. Such items include: prescription eyeglasses; contact lenses; hearing aids; artificial limbs or teeth; neck, back, arm, leg, or similar braces. (2) insulin, insulin syringes, and glucose test strips sold with or without a prescription. (3) hospital beds, crutches, wheelchairs, similar home health aids, or corrective shoes. (4) drugs or medicine, including oxygen. (5) equipment used to generate, monitor, or provide health support systems, such as respiratory equipment, oxygen concentrator, dialysis machine. (6) durable medical equipment which has a federal health care financing administration common procedure code, is designated reimbursable by Medicare, can withstand repeated use, is primarily and customarily used to serve a medical purpose, is generally not useful to a person in the absence of illness or injury and is appropriate for use in the home. (7) ORTHODONTIC DEVICES DISPENSED BY A DENTAL PROFESSIONAL WHO IS LICENSED UNDER TITLE 32, CHAPTER 11 TO A PATIENT AS PART OF THE PRACTICE OF DENTISTRY. (-7)(8) Under no circumstances shall "prosthetic" include medical marijuana regardless of whether it is sold or dispensed pursuant to a prescription, recommendation, or written certification by any authorized person. " Qualifying Community Health Center Page 4 of 47 Marana Regular Council Meeting 02/16/2016 Page 35 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (1) means an entity that is recognized as nonprofit under 501(c)(3) of the United States Internal Revenue Code, that is acommunity- based, primary care clinic that has acommunity -based board of directors and that is either: (a) the sole provider of primary care in the community. (b) a nonhospital affiliated clinic that is located in a federally designated medically underserved area in this State. (2) includes clinics that are being constructed as qualifying community health centers. " Qualifying Health Care Organization means an entity that is recognized as nonprofit under Section 501(c) of the United States Internal Revenue Code and that uses, saves or invests at least eighty percent (80 %) of all monies that it receives from all sources each year only for health and medical related educational and charitable services, as documented by annual financial audits prepared by an independent certified public accountant, performed according to generally accepted accounting standards and filed annually with the Arizona Department of Revenue. Monies that are used, saved or invested to lease, purchase or construct a facility for health and medical related education and charitable services are included in the eighty percent (80 %) requirement. " Qualifying Hospital means any of the following: (1) a licensed hospital which is organized and operated exclusively for charitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. (2) a licensed nursing care institution or a licensed residential care institution or a residential care facility operated in conjunction with a licensed nursing care institution or a licensed kidney dialysis center, which provides medical services, nursing services or health related services and is not used or held for profit. (3) a hospital, nursing care institution or residential care institution which is operated by the federal government, this State or a political subdivision of this State. (4) a facility that is under construction and that on completion will be a facility under subdivision (1), (2) or (3) of this paragraph. " Receipt (of Notice) by the TaMaye means the earlier of actual receipt or the first attempted delivery by certified United States mail to the taxpayer's address of record with the Tax Collector. " Remediation " means those actions that are reasonable, necessary, cost - effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment such that the waters of the State are or may be affected, such actions as may be necessary to monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the waters of the State which may otherwise result from a release or threat of release of a hazardous substance that will or may affect the waters of the State. Remediation activities include the use of biostimulation with indigenous microbes and bioaugmentation using microbes that are nonpathogenic, nonopportunistic and that are naturally occurring. Remediation activities may include community information and participation costs and providing an alternative drinking water supply. Page 5 of 47 Marana Regular Council Meeting 02/16/2016 Page 36 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA " Rental Equipment means tangible personal property sold, rented, leased, or licensed to customers to the extent that the item is actually used by the customer for rental, lease, or license to others; provided that: (1) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (2) the item so claimed as "rental equipment" is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15 %) of its actual use. " Rental Supp1X means an expendable or nonexpendable repair or replacement part sold to become part of "rental equipment ", provided that: (1) the documentation relating to each purchased item so claimed specifically itemizes to the vendor the actual item of "rental equipment" to which the purchased item is intended to be attached as a repair or replacement part; and (2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (3) the item so claimed as "rental equipment" is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15 %) of its actual use. " Repairer " means a person who restores or renews products, wares, or articles of manufacture. " Resides within the Town means in cases other than individuals, whose legal addresses are determinative of residence, the engaging, continuing, or conducting of regular business activity within the Town. " Restaurant " means any business activity where articles of food, drink, or condiment are customarily prepared or served to patrons for consumption on or off the premises, also including bars, cocktail lounges, the dining rooms of hotels, and all caterers. For the purposes of this Chapter, a "fast food" business, which includes street vendors and mobile vendors selling in public areas or at entertainment or sports or similar events, who prepares or sells food or drink for consumption on or off the premises is considered a "restaurant ", and not a "retailer ". " Retail Sale (Sale at Retail) means the sale of tangible personal property, except the sale of tangible personal property to a person regularly engaged in the business of selling such property. " Retailer " means any person engaged or continuing in the business of sales of tangible personal property at retail. " Sale " means any transfer of title or possession, or both, exchange, barter, conditional or otherwise, in any manner or by any means whatsoever, including consignment transactions and auctions, of property for a consideration. "Sale" includes any transaction whereby the possession of such property is transferred but the seller retains the title as security for the payment of the price. "Sale" also includes the fabrication of tangible personal property for consumers who, in whole or in part, furnish either directly or indirectly the materials used in such fabrication work. Page 6 of 47 Marana Regular Council Meeting 02/16/2016 Page 37 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA " Solar Dayli means a device that is specifically designed to capture and redirect the visible portion of the solar beam, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting. " Solar Energy Device means a system or series of mechanisms designed primarily to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, to provide solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means, including wind generator systems that produce electricity. Solar energy systems may also have the capability of storing solar energy for future use. Passive systems shall clearly be designed as a solar energy device, such as a trombe wall, and not merely as a part of a normal structure, such as a window. " Speculative Builder means either: (1) an owner - builder who sells or contracts to sell, at any time, improved real property (as provided in Section 8 -416) consisting of: a) custom, model, or inventory homes, regardless of the stage of completion of such homes; or b) improved residential or commercial lots without a structure; or (2) an owner - builder who sells or contracts to sell improved real property, other than improved real property specified in subsection (1) above: a) prior to completion; or b) before the expiration of twenty -four (24) months after the improvements of the real property sold are substantially complete. " Substantially Complete means the construction contracting or reconstruction contracting: (1) has passed final inspection or its equivalent; or (2) certificate of occupancy or its equivalent has been issued; or (3) is ready for immediate occupancy or use. " Supplier " means any person who rents, leases, licenses, or makes sales of tangible personal property within the Town, either directly to the consumer or customer or to wholesalers, jobbers, fabricators, manufacturers, modifiers, assemblers, repairers, or those engaged in the business of providing services which involve the use, sale, rental, lease, or license of tangible personal property. " Tax Collector means the Town Manager or his designee or agent for all purposes under this Chapter. " Taxpaye means any person liable for any tax under this Chapter. " Taxpayer Problem Resolution Officer means the individual designated by the Town to perform the duties identified in Sections 8 -515 and 8 -516. In cities with a population of 50,000 or more, the Taxpayer Problem Resolution Officer shall be an employee of the Town. In cities with a population of less than 50,000, the Taxpayer Problem Resolution Officer need not be an employee of the Town. Regardless of whether the Taxpayer Problem Resolution Officer is or is not an employee of the Town, the Taxpayer Problem Resolution Page 7 of 47 Marana Regular Council Meeting 02/16/2016 Page 38 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Officer shall have substantive knowledge of taxation. The identity of and telephone number for the Taxpayer Problem Resolution Officer can be obtained from the Tax Collector. " Telecommunication Service means any service or activity connected with the transmission or relay of sound, visual image, data, information, images, or material over a communications channel or any combination of communications channels. " Transient " means any person who either at the person's own expense or at the expense of another obtains lodging space or the use of lodging space on a daily or weekly basis, or on any other basis for less than thirty (30) consecutive days. " Utility Service means the producing, providing, or furnishing of electricity, electric lights, current, power, gas (natural or artificial), or water to consumers or ratepayers. Section II. Model City Tax Code Section 8 -120 and Model Option #2 is repealed, with an effective date of July 1, 2013. 8 Section III. Model City Tax Code Section 8 -200 is amended as follows, with an effective date of July 1, 2013. Sec. 8 -200. Determination of gross income: in general. (a) Gross income includes: (1) the value proceeding or accruing from the sale of property, the providing of service, or both. (2) the total amount of the sale, lease, license for use, or rental price at the time of such sale, rental, lease, or license. (3) all receipts, cash, credits, barter, exchange, reduction of or forgiveness of indebtedness, and property of every kind or nature derived from a sale, lease, license for use, rental, or other taxable activity. (4) all other receipts whether payment is advanced prior to, contemporaneous with, or deferred in whole or in part subsequent to the activity or transaction. Page 8 of 47 Marana Regular Council Meeting 02/16/2016 Page 39 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (b) Barter, exchange, trade -outs, or similar transactions are includable in gross income at the fair market value of the service rendered or property transferred, whichever is higher, as they represent consideration given for consideration received. (c) No deduction or exclusion is allowed from gross income on account of the cost of the property sold, the time value of money, expense of any kind or nature, losses, materials used, labor or service performed, interest paid, or credits granted. (D) FOR THE PURPOSES OF THIS CHAPTER THE TOTAL AMOUNT OF GROSS INCOME, GROSS RECEIPTS OR GROSS PROCEEDS OF SALES FOR NUCLEAR FUEL SHALL BE DEEMED TO BE THE VALUE OF THE PURCHASE PRICE OF URANIUM OXIDE USED IN PRODUCING THE FUEL. THE TAX IMPOSED BY THIS CHAPTER MAY BE IMPOSED ONLY ONCE FOR ANY ONE QUANTITY OR BATCH OF NUCLEAR FUEL REGARDLESS OF THE NUMBER OF TRANSACTIONS OR FINANCING ARRANGEMENTS WHICH MAY OCCUR WITH RESPECT TO THAT NUCLEAR FUEL. Page 9 of 47 Marana Regular Council Meeting 02/16/2016 Page 40 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section IV. Model City Tax Code Article III is REPEALED AND REPLACED IN ITS ENTIRETY with the following sections 8 -300 through 8 -380, effective January 1, 2015. Article III - Licensing and Recordkeeping Sec. 8 -300. Licensing requirements. (a) The following persons shall make application to the Tax Collector for a Transaction Privilege and Use Tax License and no person shall engage or continue in business or engage in such activities until he shall have such a license: (1) Every person engaging or continuing in business activities within the city or town upon which a Transaction Privilege Tax is imposed by this Chapter. (2) Every person engaging or continuing in business within the city or town and storing or using tangible personal property in this municipality upon which a Use Tax is imposed by this Chapter. (3) Every person required to report and pay a tax upon Rental Occupancy, as imposed by Section 8 -440. (b) For the purpose of determining whether a Transaction Privilege and Use Tax License is required, a person shall be deemed to be " engaging or continuing in business within the city or town if: (1) engaging in any activity as a principal or broker, the gross receipts of which maybe subject to Transaction Privilege Tax under Article IV of this Chapter, or (2) maintaining within the city or town directly, or if a corporation by a subsidiary, an office, distribution house, sales house, warehouse or other place of business; maintaining within the city or town directly, or if a corporation by a subsidiary, any real or tangible personal property; or having any agent or other representative operating within the city or town under the authority of such person, or if a corporation by a subsidiary, irrespective of whether such place of business, property, or agent or other representative is located here permanently or temporarily, or (3) soliciting sales, orders, contracts, leases, and other similar forms of business relationships, within the city or town from customers, consumers, or users located within the city or town, by means of salesmen, solicitors, agents, representatives, brokers, and other similar agents or by means of catalogs or other advertising, whether such orders are received or accepted within or without this city or town. (4) A person shall also be deemed to be " engaging or continuing in business if engaging in any activity subject to Use Tax under Article VI of this Chapter for business purposes. Individuals who acquire items subject to Use Tax for their own personal use or their family's personal use are not required to obtain a license. Page 10 of 47 Marana Regular Council Meeting 02/16/2016 Page 41 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (5) Every person required to report and pay a tax upon Rental Occupancy, as imposed by Section 8 -440. (c) A person engaging in more than one activity subject to Transaction Privilege Tax at any one business location is not required to obtain a separate license for each activity, provided that, at the time such person makes application for a license, he shall list on such application each category of activity in which he is engaged. (d) The licensee shall inform the Tax Collector of any changes in his business activities, location, or mailing address within thirty (30) days. (e) Limitation The issuance of a Transaction Privilege and Use Tax License by the Tax Collector shall in no way be construed as permission to operate a business activity in violation of any other law or regulation to which such activity may be subject. (f) Casual activity. For the purposes of this Chapter, individuals engaging in a "casual activity sale" are not subject to the license requirements imposed under this Article provided that they are only engaged in private sales activities, such as the sale of a personal automobile or garage sale, on no more than three separate occasions during any calendar year. Sec. 8 -310. Licensing: special requirements. (a) Partnerships. Application for a Transaction Privilege and Use Tax License for a partnership engaging or continuing in business shall provide, as a minimum, the names and addresses of all general partners. Licenses issued to persons engaging in business as partners, limited or general, shall be in the name of the partnership. (b) Limited Liability Companies. Application for a Transaction Privilege and Use Tax License for a Limited Liability Company (LLC) engaging or continuing in business shall provide, as a minimum, the names and addresses of all members and the manager. Licenses issued to persons engaging in business as Limited Liability Companies, shall be in the name of the LLC . (c) Corporations. Application for a Transaction Privilege and Use Tax License for a corporation engaging or continuing in business shall provide, as a minimum, the names and addresses of both the Chief Executive Officer and Chief Financial Officer of the corporation. Licenses issued to persons engaging in business as corporations shall be in the name of the corporation. (d) Multiple Locations or Multiple Business Names. A person engaging or continuing in one or more businesses at two (2) or more locations or under two (2) or more business names shall procure a license for each such location or business name. A "location" is a place of a separate business establishment. (e) Real Property Rental, Leasing, and Licensing for Use. In all cases the Transaction Privilege and Use Tax License shall be issued only to the owner of the real property regardless of the owner engaging a property manager or other broker to oversee the owner's business activity including filing tax returns on behalf of the owner. Each rental property that can be Page 11 of 47 Marana Regular Council Meeting 02/16/2016 Page 42 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA independently sold or transferred is deemed to be a separate business establishment. Each platted parcel of real property subject to the tax imposed by this Chapter is deemed to be a separate business establishment and requires a separate license, regardless of the number of rental units located on that platted parcel. If one structure is located on multiple parcels in a manner such that ownership of an individual parcel cannot be sold or transferred without requiring alteration to divide the structure, one license shall be required for all affected parcels. Sec. 8 -320. License fees; annual renewal; renewal fees. (a) The Transaction Privilege and Use Tax License shall be valid upon receipt of a non- refundable license fee of five dollars ($5.00), except for a license to engage in the business activity of residential or commercial real property rental, leasing, and licensing for use as separately identified in this Section. The Transaction Privilege and Use Tax License shall be valid only for the calendar year in which it is issued unless renewed each year by filing the appropriate application for license renewal and paying an annual license renewal fee of zero dollars ($0.00) for each license, subject to the limitations in A.R.S. 42 -5005. Such annual renewal fee shall be due and payable on January 1 of each year and shall be considered delinquent if not paid and received on or before the last business day of January. (b) The Transaction Privilege and Use Tax License to engage in the business activity of residential real property rental, leasing, and licensing for use shall be valid only upon receipt of anon- refundable license fee of zero dollars ($0.00). The Transaction Privilege and Use Tax License shall be valid only for the calendar year in which it is issued unless renewed each year by filing the appropriate application for license renewal and paying an annual license renewal fee of zero dollars ($0.00) for each license, subject to the limitations in A.R.S. 42- 5005. Such fee shall be due and payable on January 1 of each year and shall be considered delinquent if not paid and received on or before the last business day of January. (c) The Transaction Privilege and Use Tax License to engage in the business activity of commercial real property rental, leasing, and licensing for use shall be valid only upon receipt of anon- refundable license fee of five dollars ($5.00). The Transaction Privilege and Use Tax License shall be valid only for the calendar year in which it is issued unless renewed each year by filing the appropriate application for license renewal and paying an annual license renewal fee of zero dollars ($0.00) for each license, subject to the limitations in A.R.S. 42 -5005. Such fee shall be due and payable on January 1 of each year and shall be considered delinquent if not paid and received on or before the last business day of January. Sec. 8 -330. Licensing: duration; transferability; display; penalties; penalty waiver; relicensing; fees collectible as if taxes. (a) The Transaction Privilege and Use Tax License shall be valid only for the calendar year in which it is issued unless renewed each year by filing the appropriate application for license Page 12 of 47 Marana Regular Council Meeting 02/16/2016 Page 43 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA renewal and paying the applicable license renewal fee for each license, subject to the limitations in A.R. S. 42 -5005. Such fee shall be due and payable on January 1 of each year and shall be considered delinquent if not paid and received on or before the last business day of January. Application and payment of the annual fee must be received in the Tax Collector's office to be deemed paid and received. (b) The Transaction Privilege and Use Tax License shall be nontransferable between owners or locations, and shall be on display to the public in the licensee's place of business. (c) Any person required to be licensed under this Chapter who fails to obtain a license on or before conducting any business activity requiring such license shall be subject to the license fees due for each year in business plus a penalty in the amount of fifty percent (50 %) of the applicable fee for each period of time for which such fee would have been imposed, from and after the date on which such activity commenced until paid. This penalty shall be in addition to any other penalty imposed under this Chapter and must be paid prior to the issuance of any license. License fee penalties may be waived by the Tax Collector subject to the same terms as the waiver of tax penalties as provided for in Section 8 -540. (d) Any licensee who fails to renew his license on or before the due date shall be deemed to be operating without a license following such due date, and shall be subject to all penalties imposed under this Chapter against persons required to be licensed and operating without a license. The non - licensed status may be removed by payment of the annual license fee for each year or portion of a year he operated without a license, plus a license fee penalty of 50% of the license fee due for each year. License fee penalties may be waived by the Tax Collector subject to the same terms as the waiver of tax penalties as provided for in Section 8 -540. (e) Any licensee who permits his license to expire through cancellation as provided in Section 8- 340, by his request for cancellation, by surrender of the license, or by the cessation of the business activity for which the license was issued, and who thereafter applies for a license, shall be granted a new license as a new applicant and shall pay the current license fee imposed under Section 8 -320. (f) Any licensee who needs a copy of his Transaction Privilege and Use Tax License which is still in effect shall be charged the current license fee for each reissuance of a license. (g) Any person conducting a business activity subject to licensing without obtaining a Transaction Privilege and Use Tax License shall be liable to the Town for all applicable fees and penalties and shall be subject to the provisions of Sections 8 -580 and 8 -590, to the same extent as if such fees and penalties were taxes and penalties under such Sections. Sec. 8 -340. Licensing: cancellation; revocation. (a) Cancellation The Tax Collector may cancel the Transaction Privilege and Use Tax License of any licensee as "inactive" if the taxpayer, required to report monthly, has neither fled any return nor remitted any taxes imposed by this Chapter for a period of six (6) consecutive Page 13 of 47 Marana Regular Council Meeting 02/16/2016 Page 44 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA months; or, if required to report quarterly, has neither filed any return nor remitted any taxes imposed by this Chapter for two (2) consecutive quarters; or, if required to report annually, has neither filed any return nor remitted any taxes imposed by this Chapter when such annual report and tax are due to be fled with and remitted to the Tax Collector. (b) Revocation If any licensee fails to pay any tax, interest, penalty, fee, or sum required to be paid under this Chapter, or if such licensee fails to comply with any other provisions of this Chapter, the Tax Collector may revoke the Transaction Privilege and Use Tax License of said licensee. (c) Notice and Hearin. The Tax Collector shall deliver notice to such licensee of cancellation or revocation of the Transaction Privilege and Use Tax License. If the licensee requests a hearing within twenty (20) days of receipt of such notice, he shall be granted a hearing before the Tax Collector. (d) After cancellation or revocation of a taxpayer's license, the taxpayer shall not be issued a new license until all reports have been filed; all fees, taxes, interest, and penalties due have been paid; and he is in compliance with all provisions of this Chapter. Sec. 8 -350. Operating without a license. It shall be unlawful for any person who is required by this Chapter to obtain a Transaction Privilege and Use Tax License to engage in or continue in business without a license. The Tax Collector shall assess any delinquencies in tax, interest, and penalties which may apply against such person upon any transactions subject to the taxes imposed by this Chapter. Sec. 8 -360. Recordkeeping requirements. (a) It shall be the duty of every person subject to the tax imposed by this Chapter to keep and preserve suitable records and such other books and accounts as may be necessary to determine the amount of tax for which he is liable under this Chapter. The books and records must contain, at a minimum, such detail and summary information as may be required by this Article; or when records are maintained within an electronic data processing (EDP) system, the requirements established by the Arizona Department of Revenue for privilege tax filings will be accepted. It shall be the duty of every person to keep and preserve such books and records for a period equal to the applicable limitation period for assessment of tax, and all such books and records shall be open for inspection by the Tax Collector during any business day. (b) The Tax Collector may direct, by letter, a specific taxpayer to keep specific other books, records, and documents. Such letter directive shall apply: (1) only for future reporting periods, and Page 14 of 47 Marana Regular Council Meeting 02/16/2016 Page 45 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (2) only by express determination of the Tax Collector that such specific recordkeeping is necessary due to the inability of the taxing jurisdiction to conduct an adequate examination of the past activities of the taxpayer, which inability resulted from inaccurate or inadequate books, records, or documentation maintained by the taxpayer. Sec. 8 -362. Recordkeeping: income. The minimum records required for persons having gross income subject to, or exempt or excluded from, tax by this Chapter must show: (a) The gross income of the taxpayer attributable to any activity occurring in whole or in part in the Town. (b) The gross income taxable under this Chapter, divided into categories as stated in the official Town tax return. (c) The gross income subject to Arizona Transaction Privilege Taxes, divided into categories as stated in the official State tax return. (d) The gross income claimed to be exempt, and with respect to each activity or transaction so claimed: (1) If the transaction is claimed to be exempt as a sale for resale or as a sale, rental, lease, or license for use of rental equipment: (A) The Town Privilege License number and State Transaction Privilege Tax License number of the customer (or the equivalent Town, if applicable, and state tax numbers of the Town and state where the customer resides), and (B) The name, business address, and business activity of the customer, and (C) Evidence sufficient to persuade a reasonably prudent businessman that the transaction is believed to be in good faith a purchase for resale, or a purchase, rental, lease, or license for use of rental equipment, by the vendee in the ordinary and regular course of his business activity, as provided by Regulation. (2) If the transaction is claimed to be exempt for any other reason: (A) The name, business address, and business activity of the customer, and (B) Evidence which would establish the applicability of the exemption to a reasonably prudent businessman acting in good faith. Ordinary business documentation which would reasonably indicate the applicability of an exemption shall be sufficient to relieve the person on whom the tax would otherwise be imposed from liability therein, if he acts in good faith as provided by Regulation. Page 15 of 47 Marana Regular Council Meeting 02/16/2016 Page 46 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (e) With respect to those allowed deductions or exclusions for tax collected or charges for delivery or other direct customer services, where applicable, evidence that the deductible income has been separately stated and shown on the records of the taxpayer and on invoices or receipts provided to the customer. All other deductions, exemptions, and exclusions shall be separately shown and substantiated. (f) With respect to special classes and activities, such other books, records, and documentation as the Tax Collector, by regulation, shall deem necessary for specific classes of taxpayer by reason of the specialized business activity of any such class. (g) In all cases, the books and records of the taxpayer shall indicate both individual transaction amounts and totals for each reporting period for each category of taxable, exempt, and excluded income defined by this Chapter. Sec. 8 -364. Recordkeeping: expenditures. The minimum records required for persons having expenditures, costs, purchases and rental or lease or license expenses subject to, or exempt or excluded from, tax by this Chapter are: (a) The total price of all goods acquired for use or storage in the Town. (b) The date of acquisition and the name and business address of the seller or lessor of all goods acquired for use or storage in the Town. (c) Documentation of taxes, freight, and direct customer service labor separately charged and paid for each purchase, rental, lease, or license. (d) The gross price of each acquisition claimed as exempt from tax, and with respect to each transaction so claimed, sufficient evidence to satisfy the Tax Collector that the exemption claimed is applicable. (e) As applicable to each taxpayer, documentation sufficient to the Tax Collector, so that he may ascertain: (1) All construction expenditures and all Privilege and Use Taxes claimed paid, relating to owner - builders and speculative builders. (2) Disbursement of collected gratuities and related payroll information required of restaurants. (3) Franchise and license fee payments and computations thereto which relate to: (A) Utility service (B) Telecommunication service. (4) The validity of any claims of proof of exemption. (5) A claimed alternative prior value for reconstruction. (6) All claimed exemptions to the Use Tax imposed by Article VI of this Chapter. Page 16 of 47 Marana Regular Council Meeting 02/16/2016 Page 47 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (7) Costs used to compute the "computed charge" claimed for retail service and repair. (8) Payments of tax to the Arizona Department of Transportation and computations therefor, when amotor- vehicle transporter claims such the exemption. (9) Payments by tenants subject to the tax upon Rental Occupancy imposed by Section 8- 440. (f) Any additional documentation as the Tax Collector, by Regulation, shall deem necessary for any specific class of taxpayer by reason of the specialized business activity of specific exemptions afforded to that class of taxpayer. (g) In all cases, the books and records of the taxpayer shall indicate both individual transaction amounts and totals for each reporting period for each category of taxable, exempt, and excluded expenditures as defined by this Chapter. Sec. 8 -366. Recordkeeping: out -of -Town and out -of -State sales. (a) Out -of -Town Sales. Any person engaging or continuing in a business who claims out -of- Town sales shall maintain and keep accounting records or books indicating separately the gross income from the sales of tangible personal property from such out -of -Town branches or locations. (b) Out -of -State sales. Persons engaged in a business claiming out -of -State sales shall maintain accounting records or books indicating for each out -of -State sale the following documentation: (1) documentation of location of the buyer at the time of order placement; and (2) shipping, delivery, or freight documents showing where the buyer took delivery; and (3) documentation of intended location ofuse or storage of the tangible personal property sold to such buyer. Sec. 8 -370. Recordkeeping: claim of exclusion, exemption, deduction, or credit; documentation; liability. (a) All deductions, exclusions, exemptions, and credits provided in this Chapter are conditional upon adequate proof and documentation of such as may be required either by this Chapter or Regulation. (b) Any person who claims and receives an exemption, deduction, exclusion, or credit to which he is not entitled under this Chapter, shall be subject to, liable for, and pay the tax on the transaction as if the vendor subject to the tax had passed the burden of the payment of the tax to the person wrongfully claiming the exemption. A person who wrongfully claimed such exemption shall be treated as if he is delinquent in the payment of the tax and shall be subject to interest and penalties upon such delinquency. However, if the tax is collected from the vendor on such transaction it shall not again be collected from the person claiming the Page 17 of 47 Marana Regular Council Meeting 02/16/2016 Page 48 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA exemption, or if collected from the person claiming the exemption it shall not also be collected from the vendor. Sec. 8 -372. Proof of exemption: sale for resale; sale, rental, lease, or license of rental equipment. A claim of purchase for resale or of purchase, rental, lease, or license for rent, lease, or license is valid only if the evidence is sufficient to persuade a reasonably prudent businessman that the particular item is being acquired for resale or for rental, lease, or license in the ordinary course of business. The fact that the acquiring person possesses a Privilege License number, and makes a verbal claim of "sale for resale or lease" or "lease for re- lease" does not meet this burden and is insufficient to justify an exemption. The "reasonable evidence" must be evidence which exists objectively, and not merely in the mind of the vendor, that the property being acquired is normally sold, rented, leased, or licensed by the acquiring person in the ordinary course ofbusiness. Failure to obtain such reasonable evidence at the time of the transaction will be a basis for disallowance of any claimed deduction on returns filed for such transactions. Sec. 8 -380. Inadequate or unsuitable records. In the event the records provided by the taxpayer are considered by the Tax Collector to be inadequate or unsuitable to determine the amount of the tax for which such taxpayer is liable under the provisions of this Chapter, it is the responsibility of the taxpayer either: (a) to provide such other records required by this Chapter or Regulation; or (b) to correct or to reconstruct his records, to the satisfaction of the Tax Collector. This change also eliminates the following Regulations, effective January 1, 2015: RR 8 350.3. Reeoirdl 0 s yuo out of City and out of-State sales. RR%tdation 8 360.1. Proof of exe.M.K.M.tiom. sale for- S allip ppatall lease oir fieense of irent Page 18 of 47 Marana Regular Council Meeting 02/16/2016 Page 49 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section V. Model City Tax Code Section 8 -425 is amended as follows to eliminate Local Option #MM, which will no longer be used by any city or town, effective July 1, 2012. New Subsection (7) is added with an effective date of September 21, 2006. Sec. 8 -425. Job printing. (a) The tax rate shall be at an amount equal to two and one -half percent (2.5 %) of the gross income from the business activity upon every person engaging or continuing in the business of job printing, which includes engraving of printing plates, embossing, copying, micrographics, and photo reproduction. (b) The tax imposed by this Section shall not apply to: (1) job printing purchased for the purpose of resale by the purchaser in the form supplied by the job printer. (2) out -of -Town sales. (3) out -of -State sales. (4) job printing of newspapers, magazines, or other periodicals or publications for a person who is subject to the tax imposed by subsection 8- 435(a) or an equivalent excise tax; provided further that said person is properly licensed by the taxing jurisdiction at the location of publication. (5) sales of job printing to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property sold is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512. (6) (Reserved) (7) SALES OF POSTAGE AND FREIGHT EXCEPT THAT THE AMOUNT DEDUCTED SHALL NOT EXCEED THE ACTUAL POSTAGE AND FREIGHT EXPENSE THAT IS PAID TO THE UNITED STATES POSTAL SERVICE OR A COMMERCIAL DELIVERY SERVICE AND THAT IS SEPARATELY ITEMIZED BY THE TAXPAYER ON THE CUSTOMER'S INVOICE AND IN THE TAXPAYER'S RECORDS. Page 19 of 47 Marana Regular Council Meeting 02/16/2016 Page 50 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section VI. Model City Tax Code Section 8 -445 is amended as follows, with an effective date of July 1, 2013. Sec. 8 -445. Rental, leasing, and licensing for use of real property. (a) The tax rate shall be at an amount equal to two and one -half percent (2.5 %) of the gross income from the business activity upon every person engaging or continuing in the business of leasing or renting real property located within the Town for a consideration, to the tenant in actual possession, or the licensing for use of real property to the final licensee located within the Town for a consideration including any improvements, rights, or interest in such property; provided further that: (1) Payments made by the lessee to, or on behalf of, the lessor for property taxes, repairs, or improvements are considered to be part of the taxable gross income. (2) Charges for such items as telecommunications, utilities, pet fees, or maintenance are considered to be part of the taxable gross income. (3) However, if the lessor engages in telecommunication activity, as evidenced by installing individual metering equipment and by billing each tenant based upon actual usage, such activity is taxable under Section 8 -470. (b) If individual utility meters have been installed for each tenant and the lessor separately charges each single tenant for the exact billing from the utility company, such charges are exempt. (c) Charges by a qualifying hospital, qualifying community health center or a qualifying health care organization to patients of such facilities for use of rooms or other real property during the course of their treatment by such facilities are exempt. (d) Charges for joint pole usage by a person engaged in the business of providing or furnishing utility or telecommunication services to another person engaged in the business of providing or furnishing utility or telecommunication services are exempt from the tax imposed by this Section. (e) (Reserved) (f) (Reserved) (g) (Reserved) (h) Except as may be provided in another Section of this Chapter, the tax prescribed by this Section shall not include gross income from the rental, leasing, or licensing of lodging or lodging space to an individual who resides therein. (i) (Reserved) (j) Exempt from the tax imposed by this Section is gross income derived from the activities taxable under Section 8 -444 of this code. Page 20 of 47 Marana Regular Council Meeting 02/16/2016 Page 51 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (k) (Reserved) (1) (Reserved) (m) (Reserved) (n) Notwithstanding the provisions of Section 8- 200(b), the fair market value of one (1) apartment, in an apartment complex provided rent free to an employee of the apartment complex is not subject to the tax imposed by this Section. For an apartment complex with more than fifty (50) units, an additional apartment provided rent free to an employee for every additional fifty (50) units is not subject to the tax imposed by this Section. (o) Income derived from incarcerating or detaining prisoners who are under the jurisdiction of the United States, this State or any other state or a political subdivision of this State or of any other state in a privately operated prison, jail or detention facility is exempt from the tax imposed by this Section. (p) Charges by any hospital, any licensed nursing care institution, or any kidney dialysis facility to patients of such facilities for the use of rooms or other real property during the course of their treatment by such facilities are exempt. (q) Charges to patients receiving "personal care" or "directed care ", by any licensed assisted living facility, licensed assisted living center or licensed assisted living home as defined and licensed pursuant to Chapter 4 Title 36 Arizona Revised Statutes and Title 9 of the Arizona Administrative Code are exempt. (r) Income received from the rental of any "low- income unit" as established under Section 42 of the Internal Revenue Code, including the low- income housing credit provided by IRC Section 42, to the extent that the collection of tax on rental income causes the "gross rent" defined by IRC Section 42 to exceed the income limitation for the low- income unit is exempt. This exemption also applies to income received from the rental of individual rental units subject to statutory or regulatory "low- income unit" rent restrictions similar to IRC Section 42 to the extent that the collection of tax from the tenant causes the rental receipts to exceed a rent restriction for the low- income unit. This subsection also applies to rent received by a person other than the owner or lessor of the low- income unit, including a broker. This subsection does not apply unless a taxpayer maintains the documentation to support the qualification of a unit as a low- income unit, the "gross rent" limitation for the unit and the rent received from that unit. (S) THE GROSS PROCEEDS OF A COMMERCIAL LEASE OF REAL PROPERTY BETWEEN AFFILIATED COMPANIES, BUSINESSES, PERSONS OR RECIPROCAL INSURERS ARE EXEMPT. FOR THE PURPOSES OF THIS PARAGRAPH: (1) "AFFILIATED COMPANIES, BUSINESSES, PERSONS OR RECIPROCAL INSURERS" MEANS THE LESSOR HOLDS A CONTROLLING INTEREST IN THE LESSEE, THE LESSEE HOLDS A CONTROLLING INTEREST IN THE Page 21 of 47 Marana Regular Council Meeting 02/16/2016 Page 52 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA LESSOR, AN AFFILIATED ENTITY HOLDS A CONTROLLING INTEREST IN BOTH THE LESSOR AND THE LESSEE OR AN UNRELATED PERSON HOLDS A CONTROLLING INTEREST IN BOTH THE LESSOR AND LESSEE. (2) "CONTROLLING INTEREST" MEANS DIRECT OR INDIRECT OWNERSHIP OF AT LEAST EIGHTY PER CENT OF THE VOTING SHARES OF A CORPORATION OR OF THE INTERESTS IN A COMPANY, BUSINESS OR PERSON OTHER THAN A CORPORATION. (3) "RECIPROCAL INSURER" HAS THE SAME MEANING AS PRESCRIBED IN A.R.S. SECTION 20 -762. Section VII. Model City Tax Code Section 8 -450 is amended as follows, with an effective date of September 1, 2004. Sec. 8 -450. Rental, leasing, and licensing for use of tangible personal property. (a) The tax rate shall be at an amount equal to two and one -half percent (2.5 %) of the gross income from the business activity upon every person engaging or continuing in the business of leasing, licensing for use, or renting tangible personal property for a consideration, including that which is semi - permanently or permanently installed within the Town as provided by Regulation. (b) Special provisions relating to long -term motor vehicle leases A lease transaction involving a motor vehicle for a minimum period of twenty -four (24) months shall be considered to have occurred at the location of the motor vehicle dealership, rather than the location of the place of business of the lessor, even if the lessor's interest in the lease and its proceeds are sold, transferred, or otherwise assigned to a lease financing institution; provided further that the city or town where such motor vehicle dealership is located levies a Privilege Tax or an equivalent excise tax upon the transaction. (c) Gross income derived from the following transactions shall be exempt from Privilege Taxes imposed by this Section: (1) rental, leasing, or licensing for use of tangible personal property to persons engaged or continuing in the business of leasing, licensing for use, or rental of such property. (2) rental, leasing, or licensing for use of tangible personal property that is semi - permanently or permanently installed within another city or town that levies an equivalent excise tax on the transaction. (3) rental, leasing, or licensing for use of film, tape, or slides to a theater or other person taxed under Section 8 -410, or to a radio station, television station, or subscription television system. Page 22 of 47 Marana Regular Council Meeting 02/16/2016 Page 53 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (4) rental, leasing, or licensing for use of the following: (A) prosthetics. (B) income - producing capital equipment. (C) mining and metallurgical supplies. These exemptions include the rental, leasing, or licensing for use of tangible personal property which, if it had been purchased instead of leased, rented, or licensed by the lessee or licensee, would qualify as income - producing capital equipment or mining and metallurgical supplies. (5) rental, leasing, or licensing for use of tangible personal property to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property so rented, leased, or licensed is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512 or rental, leasing, or licensing for use of tangible personal property in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3) of the United States Internal Revenue Code and that engages in and uses such property exclusively for training, job placement or rehabilitation programs or testing for mentally or physically handicapped persons. (6) separately billed charges for delivery, installation, repair, and /or maintenance as provided by Regulation. (7) charges for joint pole usage by a person engaged in the business of providing or furnishing utility or telecommunication services to another person engaged in the business of providing or furnishing utility or telecommunication services. (8) the gross income from coin - operated washing, drying, and dry cleaning machines, or from coin - operated car washing machines. This exemption shall not apply to suppliers or distributors renting, leasing, or licensing for use of such equipment to persons engaged in the operation of coin - operated washing, drying, dry cleaning, or car washing establishments. (9) rental, leasing, or licensing of aircraft that would qualify as aircraft acquired for use outside the State, as prescribed by Regulation, if such rental, leasing, or licensing had been a sale. (10) rental, leasing and licensing for use of an alternative fuel vehicle if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R.S. Section 1 -215 (11) rental, leasing, and licensing for use of solar energy devices, for taxable periods beginning from and after July 1, 2008. The lessor shall register with the department of revenue as a solar energy retailer. By registering, the lessor acknowledges that it Page 23 of 47 Marana Regular Council Meeting 02/16/2016 Page 54 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA will make its books and records relating to leases of solar energy devices available to the Department of Revenue and Town, as applicable, for examination. (12) LEASING OR RENTING CERTIFIED IGNITION INTERLOCK DEVICES INSTALLED PURSUANT TO THE REQUIREMENTS PRESCRIBED BY A.R.S. SECTION 28 -1461. FOR THE PURPOSES OF THIS PARAGRAPH, "CERTIFIED IGNITION INTERLOCK DEVICE" HAS THE SAME MEANING PRESCRIBED IN A.R.S. SECTION 28 -1301. Section VIII. Model City Tax Code Section 8 -460 is amended as follows, with an effective date of October 1, 2007. Sec. 8 -460. Retail sales: measure of tax; burden of proof; exclusions. (a) The tax rate shall be at an amount equal to two and one -half percent (2.5 %) of the gross income from the business activity upon every person engaging or continuing in the business of selling tangible personal property at retail. (b) The burden of proving that a sale of tangible personal property is not a taxable retail sale shall be upon the person who made the sale. (c) Exclusions. For the purposes of this Chapter, sales of tangible personal property shall not include: (1) sales of stocks, bonds, options, or other similar materials. (2) sales of lottery tickets or shares pursuant to Article I, Chapter 5, Title 5, Arizona Revised Statutes. (3) sales of platinum, bullion, or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by Regulation. (4) gross income derived from the transfer of tangible personal property which is specifically included as the gross income of a business activity upon which another Section of this Article imposes a tax, shall be considered gross income of that business activity, and are not includable as gross income subject to the tax imposed by this Section. (5) sales by professional or personal service occupations where such sales are inconsequential elements of the service provided. (6) SALES OF CASH EQUIVALENTS. THE GROSS PROCEEDS OF SALES OR GROSS INCOME DERIVED FROM THE REDEMPTION OF ANY CASH EQUIVALENT BY THE HOLDER AS A MEANS OF PAYMENT FOR GOODS Page 24 of 47 Marana Regular Council Meeting 02/16/2016 Page 55 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA OR SERVICES THAT ARE TAXABLE UNDER THIS ARTICLE IS SUBJECT TO THE TAX. "CASH EQUIVALENTS" MEANS ITEMS OR INTANGIBLES, WHETHER OR NOT NEGOTIABLE, THAT ARE SOLD TO ONE OR MORE PERSONS, THROUGH WHICH A VALUE DENOMINATED IN MONEY IS PURCHASED IN ADVANCE AND MAY BE REDEEMED IN FULL OR IN PART FOR TANGIBLE PERSONAL PROPERTY, INTANGIBLES OR SERVICES. CASH EQUIVALENTS INCLUDE GIFT CARDS, STORED VALUE CARDS, GIFT CERTIFICATES, VOUCHERS, TRAVELER'S CHECKS, MONEY ORDERS OR OTHER INSTRUMENTS, ORDERS OR ELECTRONIC MECHANISMS, SUCH AS AN ELECTRONIC CODE, PERSONAL IDENTIFICATION NUMBER OR DIGITAL PAYMENT MECHANISM, OR ANY OTHER PREPAID INTANGIBLE RIGHT TO ACQUIRE TANGIBLE PERSONAL PROPERTY, INTANGIBLES OR SERVICES IN THE FUTURE, WHETHER FROM THE SELLER OF THE CASH EQUIVALENT OR FROM ANOTHER PERSON. CASH EQUIVALENTS DO NOT INCLUDE EITHER OF THE FOLLOWING: (A) ITEMS OR INTANGIBLES THAT ARE SOLD TO ONE OR MORE PERSONS, THROUGH WHICH A VALUE IS NOT DENOMINATED IN MONEY. (B) PREPAID CALLING CARDS OR PREPAID AUTHORIZATION NUMBERS FOR TELECOMMUNICATIONS SERVICES MADE TAXABLE BY SUBSECTION (g) OF THIS SECTION. (d) Notwithstanding the provisions of subsection (a) above, when the gross income from the sale of a single item of tangible personal property exceeds five thousand dollars ($5,000), the two and one -half percent (2.5 %) tax rate shall apply to the first $5,000. Above $5,000, the measure of tax shall be at a rate of two percent (2 %). (e) When this Town and another Arizona city or town with an equivalent excise tax could claim nexus for taxing a retail sale, the city or town where the permanent business location of the seller at which the order was received shall be deemed to have precedence, and for the purposes of this Chapter such city or town has sole and exclusive right to such tax. (f) The appropriate tax liability for any retail sale where the order is received at a permanent business location of the seller located in this Town or in an Arizona city or town that levies an equivalent excise tax shall be at the tax rate of the city or town of such seller's location. (g) Retail sales of prepaid calling cards or prepaid authorization numbers for telecommunications services, including sales of reauthorization of a prepaid card or authorization number, are subject to tax under this Section. Page 25 of 47 Marana Regular Council Meeting 02/16/2016 Page 56 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section IX. Model City Tax Code Section 8 -462 is added as follows, with an effective date of July 1, 2013. SEC. 8 -462. RETAIL SALES: FOOD FOR HOME CONSUMPTION. (a) THE TAX RATE SHALL BE AT AN AMOUNT EQUAL TO ZERO PERCENT (0 %) OF THE GROSS INCOME FROM THE BUSINESS ACTIVITY UPON EVERY PERSON ENGAGING OR CONTINUING IN THE BUSINESS OF SELLING FOOD FOR HOME CONSUMPTION AT RETAIL. (b) FOR THE PURPOSES OF THIS SECTION ONLY, THE FOLLOWING DEFINITIONS SHALL BE APPLICABLE: (1) " ELIGIBLE GROCERY BUSINESS MEANS AN ESTABLISHMENT WHOSE SALES OF FOOD ARE SUCH THAT IT IS ELIGIBLE TO PARTICIPATE IN THE FOOD STAMP PROGRAM ESTABLISHED BY THE FOOD STAMP ACT OF 1977 (P.L. 95 -113; 91 STAT. 958.7 U.S.C. SECTION 2011 ET SEQ.), ACCORDING TO REGULATIONS IN EFFECT ON JANUARY 1, 1979. AN ESTABLISHMENT IS DEEMED ELIGIBLE TO PARTICIPATE IN THE FOOD STAMP PROGRAM IF IT IS AUTHORIZED TO PARTICIPATE IN THE PROGRAM BY THE UNITED STATES DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE FIELD OFFICE ON THE EFFECTIVE DATE OF THIS SECTION, OR IF, PRIOR TO A REPORTING PERIOD FOR WHICH THE RETURN IS FILED, SUCH RETAILER PROVES TO THE SATISFACTION OF THE TAX COLLECTOR THAT THE ESTABLISHMENT, BASED ON THE NATURE OF THE RETAILER'S FOOD SALES, COULD BE ELIGIBLE TO PARTICIPATE IN THE FOOD STAMP PROGRAM ESTABLISHED BY THE FOOD STAMP ACT OF 1977 ACCORDING TO REGULATIONS IN EFFECT ON JANUARY 1, 1979. (2) " FACILITIES FOR THE CONSUMPTION OF FOOD MEANS TABLES, CHAIRS, BENCHES, BOOTHS, STOOLS, COUNTERS, AND SIMILAR CONVENIENCES, TRAYS, GLASSES, DISHES, OR OTHER TABLEWARE AND PARKING AREAS FOR THE CONVENIENCE OF IN -CAR CONSUMPTION OF FOOD IN OR ON THE PREMISES ON WHICH THE RETAILER CONDUCTS BUSINESS. (3) " FOOD FOR CONSUMPTION ON THE PREMISES MEANS ANY OF THE FOLLOWING: (A) "HOT PREPARED FOOD" AS DEFINED BELOW. (B) HOT OR COLD SANDWICHES. (C) FOOD SERVED BY AN ATTENDANT TO BE EATEN AT TABLES, CHAIRS, BENCHES, BOOTHS, STOOLS, COUNTERS, AND SIMILAR Page 26 of 47 Marana Regular Council Meeting 02/16/2016 Page 57 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA CONVENIENCES AND WITHIN PARKING AREAS FOR THE CONVENIENCE OF IN -CAR CONSUMPTION OF FOOD. (D) FOOD SERVED WITH TRAYS, GLASSES, DISHES, OR OTHER TABLEWARE. (E) BEVERAGES SOLD IN CUPS, GLASSES, OR OPEN CONTAINERS. (F) FOOD SOLD BY CATERERS. (G) FOOD SOLD WITHIN THE PREMISES OF THEATRES, MOVIES, OPERAS, SHOWS OF ANY TYPE OR NATURE, EXHIBITIONS, CONCERTS, CARNIVALS, CIRCUSES, AMUSEMENT PARKS, FAIRS, RACES, CONTESTS, GAMES, ATHLETIC EVENTS, RODEOS, BILLIARD AND POOL PARLORS, BOWLING ALLEYS, PUBLIC DANCES, DANCE HALLS, BOXING, WRESTLING AND OTHER MATCHES, AND ANY BUSINESS WHICH CHARGES ADMISSION, ENTRANCE, OR COVER FEES FOR EXHIBITION, AMUSEMENT, ENTERTAINMENT, OR INSTRUCTION. (H) ANY ITEMS CONTAINED IN SUBSECTIONS (A)(3)(A) THROUGH (G) ABOVE EVEN THOUGH THEY ARE SOLD ON A "TAKE -OUT" OR "TO GO" BASIS, AND WHETHER OR NOT THE ITEM IS PACKAGED, WRAPPED, OR IS ACTUALLY TAKEN FROM THE PREMISES. (4) " HOT PREPARED FOOD MEANS THOSE PRODUCTS, ITEMS, OR INGREDIENTS OF FOOD WHICH ARE PREPARED AND INTENDED FOR CONSUMPTION IN A HEATED CONDITION. "HOT PREPARED FOOD" INCLUDES A COMBINATION OF HOT AND COLD FOOD ITEMS OR INGREDIENTS IF A SINGLE PRICE HAS BEEN ESTABLISHED. (5) " PREMISES " MEANS THE TOTAL SPACE AND FACILITIES IN OR ON WHICH A VENDOR CONDUCTS BUSINESS AND WHICH ARE OWNED OR CONTROLLED, IN WHOLE OR IN PART, BY A VENDOR OR WHICH ARE MADE AVAILABLE FOR THE USE OF CUSTOMERS OF THE VENDOR OR GROUP OF VENDORS, INCLUDING ANY BUILDING OR PART OF A BUILDING, PARKING LOT, OR GROUNDS. (6) " FOOD FOR HOME CONSUMPTION MEANS ALL FOOD, EXCEPT FOOD FOR CONSUMPTION ON THE PREMISES, IF SOLD BY ANY OF THE FOLLOWING: (A) AN ELIGIBLE GROCERY BUSINESS. (B) A PERSON WHO CONDUCTS A BUSINESS WHOSE PRIMARY BUSINESS IS NOT THE SALE OF FOOD BUT WHO SELLS FOOD WHICH IS DISPLAYED, PACKAGED, AND SOLD IN A SIMILAR MANNER AS AN ELIGIBLE GROCERY BUSINESS. Page 27 of 47 Marana Regular Council Meeting 02/16/2016 Page 58 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (C) A PERSON WHO SELLS FOOD AND DOES NOT PROVIDE OR MAKE AVAILABLE ANY FACILITIES FOR THE CONSUMPTION OF FOOD ON THE PREMISES. (D) A PERSON WHO CONDUCTS A DELICATESSEN BUSINESS EITHER FROM A COUNTER WHICH IS SEPARATE FROM THE PLACE AND CASH REGISTER WHERE TAXABLE SALES ARE MADE OR FROM A COUNTER WHICH HAS TWO CASH REGISTERS AND WHICH ARE USED TO RECORD TAXABLE AND TAX EXEMPT SALES, OR A RETAILER WHO CONDUCTS A DELICATESSEN BUSINESS WHO USES A CASH REGISTER WHICH HAS AT LEAST TWO TAX COMPUTING KEYS WHICH ARE USED TO RECORD TAXABLE AND TAX EXEMPT SALES. (E) VENDING MACHINES AND OTHER TYPES OF AUTOMATIC RETAILERS. (F) A PERSON'S SALES OF FOOD, DRINK AND CONDIMENT FOR CONSUMPTION WITHIN THE PREMISES OF ANY PRISON, JAIL OR OTHER INSTITUTION UNDER THE JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF JUVENILE CORRECTIONS OR A COUNTY SHERIFF. (c) INCOME DERIVED FROM THE FOLLOWING SOURCES IS EXEMPT FROM THE TAX IMPOSED BY THIS SECTION: (1) SALES OF FOOD FOR HOME CONSUMPTION TO A PERSON REGULARLY ENGAGED IN THE BUSINESS OF SELLING SUCH PROPERTY. (2) OUT -OF -TOWN SALES OR OUT -OF -STATE SALES. (3) CHARGES FOR DELIVERY OR OTHER "DIRECT CUSTOMER SERVICES" AS PRESCRIBED BY REGULATION. (4) FOOD PURCHASED WITH FOOD STAMPS PROVIDED THROUGH THE FOOD STAMP PROGRAM ESTABLISHED BY THE FOOD STAMP ACT OF 1977 (P.L. 95 -113; 91 STAT. 958.7 U.S.C. SECTION 2011 ET SEQ.) OR PURCHASED WITH FOOD INSTRUMENTS ISSUED UNDER SECTION 17 OF THE CHILD NUTRITION ACT (P.L. 95 -627; 92 STAT. 3603; AND P.L. 99 -669; SECTION 4302; 42 UNITED STATES CODE SECTION 1786) BUT ONLY TO THE EXTENT THAT FOOD STAMPS OR FOOD INSTRUMENTS WERE ACTUALLY USED TO PURCHASE SUCH FOOD. (5) SALES OF FOOD PRODUCTS BY PRODUCERS AS PROVIDED FOR BY A.R.S. SECTIONS 3-561,3-562 AND 3 -563. Page 28 of 47 Marana Regular Council Meeting 02/16/2016 Page 59 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (6) SALES OF FOOD, BEVERAGES, CONDIMENTS AND ACCESSORIES TO A PUBLIC EDUCATIONAL ENTITY, PURSUANT TO ANY OF THE PROVISIONS OF TITLE 15, ARIZONA REVISED STATUTES, INCLUDING A REGULARLY ORGANIZED PRIVATE OR PAROCHIAL SCHOOL THAT OFFERS AN EDUCATIONAL PROGRAM FOR GRADE TWELVE OR UNDER WHICH MAY BE ATTENDED IN SUBSTITUTION FOR A PUBLIC SCHOOL PURSUANT TO A.R.S. 15-802; TO THE EXTENT SUCH ITEMS ARE TO BE PREPARED OR SERVED TO INDIVIDUALS FOR CONSUMPTION ON THE PREMISES OF A PUBLIC EDUCATIONAL ENTITY DURING SCHOOL HOURS. FOR THE PURPOSES OF THIS SUBSECTION, "ACCESSORIES" MEANS PAPER PLATES, PLASTIC EATING UTENSILS, NAPKINS, PAPER CUPS, DRINKING STRAWS, PAPER SACKS OR OTHER DISPOSABLE CONTAINERS, OR OTHER ITEMS WHICH FACILITATE THE CONSUMPTION OF THE FOOD. (7) SALES OF FOOD, BEVERAGES, CONDIMENTS AND ACCESSORIES TO A NONPROFIT CHARITABLE ORGANIZATION THAT HAS QUALIFIED AS AN EXEMPT ORGANIZATION UNDER 26 U.S.C. SECTION 501(C)(3) AND REGULARLY SERVES MEALS TO THE NEEDY AND INDIGENT ON A CONTINUING BASIS AT NO COST. FOR THE PURPOSES OF THIS SUBSECTION, "ACCESSORIES" MEANS PAPER PLATES, PLASTIC EATING UTENSILS, NAPKINS, PAPER CUPS, DRINKING STRAWS, PAPER SACKS OR OTHER DISPOSABLE CONTAINERS, OR OTHER ITEMS WHICH FACILITATE THE CONSUMPTION OF THE FOOD. (d) REPORTING. SUCH PERSONS WHO SELL FOOD FOR HOME CONSUMPTION SHALL, IN CONJUNCTION WITH THE RETURN REQUIRED PURSUANT TO SECTION 8 -520, REPORT TO THE TAX COLLECTOR IN A MANNER PRESCRIBED BY THE TAX COLLECTOR ALL SALES OF FOOD FOR HOME CONSUMPTION EXEMPTED FROM TAXES IMPOSED BY THIS CHAPTER. (e� RECORDKEEPING. (1) RETAILERS SHALL MAINTAIN ACCURATE, VERIFIABLE, AND COMPLETE RECORDS OF ALL PURCHASES AND SALES OF TANGIBLE PERSONAL PROPERTY IN ORDER TO VERIFY EXEMPTIONS FROM TAXES IMPOSED BY THIS CHAPTER. A RETAILER MAY USE ANY METHOD OF REPORTING THAT PROPERLY REFLECTS ALL PURCHASES AND SALES OF FOOD FOR HOME CONSUMPTION, AS WELL AS ALL PURCHASES AND SALES OF ITEMS SUBJECT TO TAXES IMPOSED BY THIS CHAPTER, PROVIDED THAT SUCH RECORDS ARE MAINTAINED IN ACCORDANCE WITH ARTICLE III, AND REGULATIONS OF THE TAX COLLECTOR. (2) ANY PERSON WHO FAILS TO MAINTAIN RECORDS AS PROVIDED HEREIN SHALL BE DEEMED TO HAVE HAD NO SALES OF FOOD FOR Page 29 of 47 Marana Regular Council Meeting 02/16/2016 Page 60 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA HOME CONSUMPTION, AND IF UPON REQUEST BY THE TAX COLLECTOR, A PERSON CANNOT DEMONSTRATE TO THE TAX COLLECTOR THAT SUCH RECORDS AND REPORTS DO PROPERLY REFLECT ALL SALES OF FOOD FOR HOME CONSUMPTION, THE TAX COLLECTOR MAY RECOMPUTE THE AMOUNT OF TAX TO BE PAID AS PROVIDED IN SECTIONS 8 -370 AND 8- 545(B). Section X. Model City Tax Code Section 8 -465 is amended as follows. All changes are effective July 1, 2013, except new subsection (mm), which is effective January 1, 2007. Sec. 8 -465. Retail sales: exemptions. Income derived from the following sources is exempt from the tax imposed by Section 8 -460: (a) sales of tangible personal property to a person regularly engaged in the business of selling such property. (b) out -of -Town sales or out -of -State sales. (c) charges for delivery, installation, or other direct customer services as prescribed by Regulation. (d) charges for repair services as prescribed by Regulation, when separately charged and separately maintained in the books and records of the taxpayer. (e) sales of warranty, maintenance, and service contracts, when separately charged and separately maintained in the books and records of the taxpayer. (f) sales of prosthetics. (g) sales of income-producing capital equipment. (h) sales of rental equipment and rental supplies. (i) sales of mining and metallurgical supplies. (j) sales of motor vehicle fuel and use fuel which are subject to a tax imposed under the provisions of Article I or II, Chapter 16, Title 28, Arizona Revised Statutes; or sales of use fuel to a holder of a valid single trip use fuel tax permit issued under A.R. S. Section 28 -5739, or sales of natural gas or liquefied petroleum gas used to propel a motor vehicle. (k) sales of tangible personal property to a construction contractor who holds a valid Privilege Tax License for engaging or continuing in the business of construction contracting where the tangible personal property sold is incorporated into any structure or improvement to real property as part of construction contracting activity. Page 30 of 47 Marana Regular Council Meeting 02/16/2016 Page 61 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (1) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State. (m) sales of tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines, or other periodicals. Tangible personal property which is consumed or used up in a manufacturing, job printing, publishing, or production process is not an ingredient nor component part of a product. (n) sales made directly to the Federal government to the extent o£ (1) one hundred percent (100 %) of the gross income derived from retail sales made by a manufacturer, modifier, assembler, or repairer. (2) fifty percent (50 %) of the gross income derived from retail sales made by any other person. (o) sales to hotels, bars, restaurants, dining cars, lunchrooms, boarding houses, or similar establishments of articles consumed as food, drink, or condiment, whether simple, mixed, or compounded, where such articles are customarily prepared or served to patrons for consumption on or off the premises, where the purchaser is properly licensed and paying a tax under Section 8 -455 or the equivalent excise tax upon such income. (p) sales of tangible personal property to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property sold is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512 or sales of tangible personal property purchased in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3) of the United States Internal Revenue Code and that engages in and uses such property exclusively for training, job placement or rehabilitation programs or testing for mentally or physically handicapped persons. (q) (RESERVED) (r) (Reserved) (1) (Reserved) (2) (Reserved) (3) (Reserved) (4) (Reserved) (s) sales of groundwater measuring devices required by A.R.S. Section 45 -604. (t) (Reserved) (u) sales of aircraft acquired for use outside the State, as prescribed by Regulation. (v) sales of food products by producers as provided for by A.R.S. Sections 3 -561, 3 -562 and 3- 563. Page 31 of 47 Marana Regular Council Meeting 02/16/2016 Page 62 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (w) (Reserved) (x) SALES OF FOOD AND DRINK TO A PERSON WHO IS ENGAGED IN BUSINESS THAT IS CLASSIFIED UNDER THE RESTAURANT CLASSIFICATION AND THAT PROVIDES SUCH FOOD AND DRINK WITHOUT MONETARY CHARGE TO ITS EMPLOYEES FOR THEIR OWN CONSUMPTION ON THE PREMISES DURING SUCH EMPLOYEES' HOURS OF EMPLOYMENT. (y) (Reserved) (z) (Reserved) (aa) the sale of tangible personal property used in remediation contracting as defined in Section 8- 100 and Regulation 8- 100.5. (bb) sales of materials that are purchased by or for publicly funded libraries including school district libraries, charter school libraries, community college libraries, state university libraries or federal, state, county or municipal libraries for use by the public as follows: (1) printed or photographic materials. (2) electronic or digital media materials. (cc) sales of food, beverages, condiments and accessories used for serving food and beverages to a commercial airline, as defined in A.R.S. Section 42- 5061(A)(49), that serves the food and beverages to its passengers, without additional charge, for consumption in flight. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (dd) in computing the tax base in the case of the sale or transfer of wireless telecommunication equipment as an inducement to a customer to enter into or continue a contract for telecommunication services that are taxable under Section 8 -470, gross proceeds of sales or gross income does not include any sales commissions or other compensation received by the retailer as a result of the customer entering into or continuing a contract for the telecommunications services. (ee) for the purposes of this Section, a sale of wireless telecommunication equipment to a person who holds the equipment for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunication services that are taxable under Section 8 -470 is considered to be a sale for resale in the regular course of business. (ff) sales of alternative fuel as defined in A.R.S. Section 1 -215, to a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. Section 49 -426 or Section 49 -480. (gg) sales of food, beverages, condiments and accessories to a public educational entity, pursuant to any of the provisions of Title 15, Arizona Revised Statutes, INCLUDING A REGULARLY ORGANIZED PRIVATE OR PAROCHIAL SCHOOL THAT OFFERS AN Page 32 of 47 Marana Regular Council Meeting 02/16/2016 Page 63 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA EDUCATIONAL PROGRAM FOR GRADE TWELVE OR UNDER WHICH MAY BE ATTENDED IN SUBSTITUTION FOR A PUBLIC SCHOOL PURSUANT TO A.R.S. 15- 802; to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (hh) sales of personal hygiene items to a person engaged in the business of and subject to tax under Section 8 -444 of this code if the tangible personal property is furnished without additional charge to and intended to be consumed by the person during his occupancy. (ii) for the purposes of this Section, the diversion of gas from a pipeline by a person engaged in the business of operating a natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline. 6j) sales of food, beverages, condiments and accessories to a nonprofit charitable organization that has qualified as an exempt organization under 26 U. S.C. Section 501(c)(3) and regularly serves meals to the needy and indigent on a continuing basis at no cost. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (kk) sales of motor vehicles that use alternative fuel if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R. S. Section 1 -215. (11) sales of solar energy devices, for taxable periods beginning from and after July 1, 2008. The retailer shall register with the department of revenue as a solar energy retailer. By registering, the retailer acknowledges that it will make its books and records relating to sales of solar energy devices available to the department of revenue and Town, as applicable, for examination. (MM) SALES OR OTHER TRANSFERS OF RENEWABLE ENERGY CREDITS OR ANY OTHER UNIT CREATED TO TRACK ENERGY DERIVED FROM RENEWABLE ENERGY RESOURCES. FOR THE PURPOSES OF THIS PARAGRAPH, "RENEWABLE ENERGY CREDIT" MEANS A UNIT CREATED ADMINISTRATIVELY BY THE CORPORATION COMMISSION OR GOVERNING BODY OF A PUBLIC POWER UTILITY TO TRACK KILOWATT HOURS OF ELECTRICITY DERIVED FROM A RENEWABLE ENERGY RESOURCE OR THE KILOWATT HOUR EQUIVALENT OF CONVENTIONAL ENERGY RESOURCES DISPLACED BY DISTRIBUTED RENEWABLE ENERGY RESOURCES. Page 33 of 47 Marana Regular Council Meeting 02/16/2016 Page 64 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (NN) SALES OF MAGAZINES OR OTHER PERIODICALS OR OTHER PUBLICATIONS BY THIS STATE TO ENCOURAGE TOURIST TRAVEL. (00) SALES OF PAPER MACHINE CLOTHING, SUCH AS FORMING FABRICS AND DRYER FELTS, SOLD TO A PAPER MANUFACTURER AND DIRECTLY USED OR CONSUMED IN PAPER MANUFACTURING. (PP) SALES OF OVERHEAD MATERIALS OR OTHER TANGIBLE PERSONAL PROPERTY THAT IS USED IN PERFORMING A CONTRACT BETWEEN THE UNITED STATES GOVERNMENT AND A MANUFACTURER, MODIFIER, ASSEMBLER OR REPAIRER, INCLUDING PROPERTY USED IN PERFORMING A SUBCONTRACT WITH A GOVERNMENT CONTRACTOR WHO IS A MANUFACTURER, MODIFIER, ASSEMBLER OR REPAIRER, TO WHICH TITLE PASSES TO THE GOVERNMENT UNDER THE TERMS OF THE CONTRACT OR SUBCONTRACT. (QQ) SALES OF COAL, PETROLEUM, COKE, NATURAL GAS, VIRGIN FUEL OIL AND ELECTRICITY SOLD TO A QUALIFIED ENVIRONMENTAL TECHNOLOGY MANUFACTURER, PRODUCER OR PROCESSOR AS DEFINED IN A.R.S. SECTION 41- 1514.02 AND DIRECTLY USED OR CONSUMED IN THE GENERATION OR PROVISION OF ON -SITE POWER OR ENERGY SOLELY FOR ENVIRONMENTAL TECHNOLOGY MANUFACTURING, PRODUCING OR PROCESSING OR ENVIRONMENTAL PROTECTION. THIS PARAGRAPH SHALL APPLY FOR TWENTY FULL CONSECUTIVE CALENDAR OR FISCAL YEARS FROM THE DATE THE FIRST PAPER MANUFACTURING MACHINE IS PLACED IN SERVICE. IN THE CASE OF AN ENVIRONMENTAL TECHNOLOGY MANUFACTURER, PRODUCER OR PROCESSOR WHO DOES NOT MANUFACTURE PAPER, THE TIME PERIOD SHALL BEGIN WITH THE DATE THE FIRST MANUFACTURING, PROCESSING OR PRODUCTION EQUIPMENT IS PLACED IN SERVICE. (RR) SALES OR GROSS INCOME DERIVED FROM SALES OF MACHINERY, EQUIPMENT, MATERIALS AND OTHER TANGIBLE PERSONAL PROPERTY USED DIRECTLY AND PREDOMINANTLY TO CONSTRUCT A QUALIFIED ENVIRONMENTAL TECHNOLOGY MANUFACTURING, PRODUCING OR PROCESSING FACILITY AS DESCRIBED IN A.R.S. SECTION 41- 1514.02. THIS SUBSECTION APPLIES FOR TEN FULL CONSECUTIVE CALENDAR OR FISCAL YEARS AFTER THE START OF INITIAL CONSTRUCTION. Section XI. Model City Tax Code Section 8 -480 is amended as follows, with an effective date of January 1, 2007. Page 34 of 47 Marana Regular Council Meeting 02/16/2016 Page 65 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Sec. 8 -480. Utility services. (a) The tax rate shall be at an amount equal to four and one -half percent (4.5 %) of the gross income from the business activity upon every person engaging or continuing in the business of producing, providing, or furnishing utility services, including electricity, electric lights, current, power, gas (natural or artificial), or water to: (1) consumers or ratepayers who reside within the Town. (2) consumers or ratepayers of this Town, whether within the Town or without, to the extent that this Town provides such persons utility services, excluding consumers or ratepayers who are residents of another city or town which levies an equivalent excise tax upon this Town for providing such utility services to such persons. (b) Exclusion of certain sales of natural gas to a public utility Notwithstanding the provisions of subsection (a) above, the gross income derived from the sale of natural gas to a public utility for the purpose of generation of power to be transferred by the utility to its ratepayers shall be considered a retail sale of tangible personal property subject to Sections 8 -460 and 8 -465, and not considered gross income taxable under this Section. (c) Resale utility services. Sales of utility services to another provider of the same utility services for the purpose of providing such utility services either to another properly licensed utility provider or directly to such purchaser's customers or ratepayers shall be exempt and deductible from the cross income subject to the tax imposed by this Section, provided that the purchaser is properly licensed by all applicable taxing jurisdictions to engage or continue in the business of providing utility services, and further provided that the seller maintains proper documentation, in a manner similar to that for sales for resale, of such transactions. (d) Tax credit offset for franchise fees. There shall be allowed as an offset any franchise fees paid to the Town pursuant to the terms of a franchise agreement. However, such offset shall not be allowed against taxes imposed by any other Section of this Chapter. Such offsets shall not be deemed in conflict with or violation of subsection 8- 400(b). (e) The tax imposed by this Section shall not apply to sales of utility services to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when sold for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512. (f) The tax imposed by this Section shall not apply to sales of natural gas or liquefied petroleum gas used to propel a motor vehicle. (g) The tax imposed by this Section shall not apply to: (1) revenues received by a municipally owned utility in the form of fees charged to persons constructing residential, commercial or industrial developments or connecting residential, commercial or industrial developments to a municipal utility system or systems if the fees are segregated and used only for capital expansion, system enlargement or debt service of the utility system or systems. Page 35 of 47 Marana Regular Council Meeting 02/16/2016 Page 66 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (2) revenues received by any person or persons owning a utility system in the form of reimbursement or contribution compensation for property and equipment installed to provide utility access to, on or across the land of an actual utility consumer if the property and equipment become the property of the utility. This exclusion shall not exceed the value of such property and equipment. (h) The tax imposed by this Section shall not apply to sales of alternative fuel as defined in A.R.S. Section 1 -215, to a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. Section 49 -426 or Section 49 -480. (I) THE TAX IMPOSED BY THIS SECTION SHALL NOT APPLY TO SALES OR OTHER TRANSFERS OF RENEWABLE ENERGY CREDITS OR ANY OTHER UNIT CREATED TO TRACK ENERGY DERIVED FROM RENEWABLE ENERGY RESOURCES. FOR THE PURPOSES OF THIS PARAGRAPH, "RENEWABLE ENERGY CREDIT" MEANS A UNIT CREATED ADMINISTRATIVELY BY THE CORPORATION COMMISSION OR GOVERNING BODY OF A PUBLIC POWER UTILITY TO TRACK KILOWATT HOURS OF ELECTRICITY DERIVED FROM A RENEWABLE ENERGY RESOURCE OR THE KILOWATT HOUR EQUIVALENT OF CONVENTIONAL ENERGY RESOURCES DISPLACED BY DISTRIBUTED RENEWABLE ENERGY RESOURCES. (J) THE TAX IMPOSED BY THIS SECTION SHALL NOT APPLY TO THE PORTION OF GROSS PROCEEDS OF SALES OR GROSS INCOME ATTRIBUTABLE TO TRANSFERS OF ELECTRICITY BY ANY RETAIL ELECTRIC CUSTOMER OWNING A SOLAR PHOTOVOLTAIC ENERGY GENERATING SYSTEM TO AN ELECTRIC DISTRIBUTION SYSTEM, IF THE ELECTRICITY TRANSFERRED IS GENERATED BY THE CUSTOMER'S SYSTEM. (K) (RESERVED) Section XII. Model City Tax Code Section 8 -485 is amended as follows, with an effective date of July 1, 2013. Sec. 8 -485. WASTEWATER REMOVAL SERVICES (a) THE TAX RATE SHALL BE AN AMOUNT EQUAL TO ZERO PERCENT (0 %) OF THE GROSS INCOME FROM THE BUSINESS ACTIVITY UPON EVERY PERSON ENGAGING OR CONTINUING IN THE BUSINESS OF PROVIDING WASTEWATER REMOVAL SERVICES BY MEANS OF SEWER LINES OR SIMILAR PIPELINES TO: (1) CONSUMERS OR RATEPAYERS WHO RESIDE WITHIN THE TOWN. Page 36 of 47 Marana Regular Council Meeting 02/16/2016 Page 67 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (2) CONSUMERS OR RATEPAYERS OF THIS TOWN, WHETHER WITHIN THE TOWN OR WITHOUT, TO THE EXTENT THAT THIS TOWN PROVIDES SUCH PERSONS WASTEWATER REMOVAL SERVICES, EXCLUDING CONSUMERS OR RATEPAYERS WHO ARE RESIDENTS OF ANOTHER CITY OR TOWN WHICH LEVIES AN EQUIVALENT EXCISE TAX UPON THIS TOWN FOR PROVIDING SUCH WASTEWATER REMOVAL SERVICES TO SUCH PERSONS. (b) THE TAX IMPOSED BY THIS SECTION SHALL NOT APPLY TO GROSS INCOME RELATING TO THE PROVIDING OF WASTEWATER REMOVAL SERVICES FROM A QUALIFYING HOSPITAL, QUALIFYING COMMUNITY HEALTH CENTER OR A QUALIFYING HEALTH CARE ORGANIZATION. Section XIII. Model City Tax Code, Appendix IV, Section 8 -570 is amended as follows to conform the Appendix lan2ua2e with prior changes made to Section 8 -570 of the Model lan2une, with an effective date of July 1, 2008. Sec. 8 -570. Administrative review; petition for hearing or for redetermination; finality of order. (State Administration and Audits) (a) Closing, agreements between the Tax Collector and a taxpayer have no force of law unless made in accordance with the provisions of A.R.S. Section 42 -1113. (b) Administrative review. (1) Petitions of appeal shall be made to, and hearings shall be conducted by, the Arizona Department of Revenue, in accordance with the provisions of A.R.S. Section 42- 1251, as modified by Section 8 -571. (2) (Reserved) (3) (Reserved) (4) (Reserved) (5) Hearings shall be held by the Arizona Department of Revenue in accordance with the provisions of A.R. S. Section 42 -1251. The Department's decision maybe appealed to the State Board of Tax Appeals, in accordance with the provisions of A.R.S. Section 42 -1253. (6) (Reserved) (7) (Reserved) (8) (Reserved) Page 37 of 47 Marana Regular Council Meeting 02/16/2016 Page 68 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (c) (Reserved) (d) (Reserved) (e) Taxpayers shall be subject to the state taxpayer bill of rights (A.R.S. § 42 -2051 et. seq.). Sec. 8 -570. Administrative review; petition for hearing or for redetermination; finality of order. (Local Audits) For the purposes of this section, "Municipal Tax Hearing Office" means the administrative offices of the Municipal Tax Hearing Officer. (a) Informal Conference. A taxpayer shall have the right to discuss any proposed assessment with the auditor prior to the issuance of any assessment, but any such informal conference is not required for the taxpayer to file a petition for administrative review. (b) Administrative Review. (1) Filing a Petition. Other than in the case of a jeopardy assessment, a taxpayer may contest the applicability or amount of tax, penalty, or interest imposed upon or paid by him pursuant to this Chapter by filing a petition for a hearing or for redetermination with the Tax Collector as set forth below: (A) within forty -five (45) days of receipt by the taxpayer of notice of a determination by the Tax Collector that a tax, penalty, or interest amount is due, or that a request for refund or credit has been denied; or (B) by voluntary payment of any contested amount when accompanied by a timely filed return and a petition requesting a refund of the protested portion of said payment; or (C) by petition accompanying a timely filed return contesting an amount reported but not paid; or (D) by petition requesting review of denial of waiver of penalty as provided in subsection 8- 540(g). (2) Extension to file a petition. In all cases, the taxpayer may request AN extension from the Tax Collector. Such request must be in writing, state the reasons for the requested delay, and must be filed with the Tax Collector within the period allowed above for originally filing a petition. The Tax Collector shall allow AFORTY -FIVE (45) DAY extension to file a petition, when such written request has been properly and timely made by the taxpayer. THE TAX COLLECTOR MAY GRANT AN ADDITIONAL EXTENSION AND MAY DETERMINE THE CORRESPONDING TIME OF ANY SUCH EXTENSION AT HIS SOLE DISCRETION. (3) Requirements for petition. Page 38 of 47 Marana Regular Council Meeting 02/16/2016 Page 69 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (A) The petition shall be in writing and shall set forth the reasons why any correction, abatement, or refund should be granted, and the amount of reduction or refund requested. The petition may be amended at any time prior to the time the taxpayer rests his case at the hearing or such time as the Hearing Officer allows for submitting of amendments in cases of re determinations without hearings. The Hearing Officer may require that amendments be in writing, and in that case, he shall provide a reasonable period of time to file the amendment. The Hearing Officer shall provide a reasonable period of time for the Tax Collector to review and respond to the petition and to any written amendments. (B) The taxpayer, as part of the petition, may request a hearing which shall be granted by the Hearing Officer. If no request for hearing is made the petition shall be considered to be submitted for decision by the Hearing Officer on the matters contained in the petition and in any reply made by the Tax Collector. (C) The provisions of this Section are exclusive, and no petition seeking any correction, abatement, or refund shall be considered unless the petition is timely and properly filed under the Section. (4) Transmittal to Hearing Officer. The city /town shall designate a Hearing Officer, who maybe other than an employee of the (city /town). The Tax Collector, if designated to receive petitions, shall forward any petition to the Municipal Tax Hearing Officer within twenty (20) days after receipt, accompanied by documentation as to timeliness. In cases where the Hearing Officer determines that the petition is not timely or not in proper form, he shall notify both the taxpayer and the Tax Collector; and in cases of petitions not in proper form only, the Hearing Officer shall provide the taxpayer with an extension up to forty -five (45) days to correct the petition. (5) Hearings shall be conducted by a Hearing Officer and shall be continuous until the Hearing Officer closes the record. The taxpayer may be heard in person or by his authorized representative at such hearing. Hearings shall be conducted informally as to the order of proceeding and presentation of evidence. The Hearing Officer shall admit evidence over hearsay objections where the offered evidence has substantial probative value and reliability. Further, copies of records and documents prepared in the ordinary course of business may be admitted, without objection as to foundation, but subject to argument as to weight, admissibility, and authenticity. Summary accounting records may be admitted subject to satisfactory proof of the reliability of the summaries. In all cases, the decision of the Hearing Officer shall be made solely upon substantial and reliable evidence. All expenses incurred in the hearing shall be paid by the party incurring the same. (6) Redeterminations upon a "petition for redetermination" shall follow the same conditions, except that no oral hearing shall be held. Page 39 of 47 Marana Regular Council Meeting 02/16/2016 Page 70 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (7) Hearing Ruling, In either case, the Hearing Officer shall issue his ruling not later than forty -five (45) days after the close of the record by the Hearing Officer. (8) Notice of Refund or Adjusted Assessment. Within sixty (60) days of the issuance of the Hearing Officer's decision, the Tax Collector shall issue to the taxpayer either a notice of refund or an adjusted assessment recalculated to conform to the Hearing Officer's decision. (c) Stipulations that future taxis also protested. A taxpayer may enter into a stipulation with the Tax Collector that future taxes of similar nature are also at issue in any protest or appeal. However, unless such stipulation is made, it is presumed that the protest or appeal deals solely and exclusively with the tax specifically protested and no other. When a taxpayer enters into such a stipulation with the Tax Collector that future taxes of similar nature will be included in any redetermination, hearing, or court case, it is the burden of that taxpayer to identify, segregate, and keep record of such income or protested taxable amount in his books and records in the same manner as the taxpayer is required to segregate exempt income. (d) When an assessment is final. (1) If a request for administrative review and petition for hearing or redetermination of an assessment made by the Tax Collector is not filed within the period required by subsection (b) above, such person shall be deemed to have waived and abandoned the right to question the amount determined to be due and any tax, interest, or penalty determined to be due shall be final as provided in subsections 8- 545(a) and 8- 5550. (2) The decision made by the Hearing Officer upon administrative review by hearing or redetermination shall become final thirty (30) days after the taxpayer receives the notice of refund or adjusted assessment required by subsection (b)(8) above, unless the taxpayer appeals the order or decision in the manner provided in Section 8 -575. (e) The provisions of the state taxpayer bill of rights (A.R. S. Section 42 -2051 et. seq.) shall not apply. Section XIV. Model City Tax Code Section 8 -660 is amended as follows. All changes are effective July 1, 2013, except new subsection (mm), which is effective January 1, 2007. Sec. 8 -660. Use tax: exemptions. The storage or use in this Town of the following tangible personal property is exempt from the Use Tax imposed by this Article: (a) tangible personal property brought into the Town by an individual who was not a resident of the Town at the time the property was acquired for his own use, if the first actual use of such property was outside the Town, unless such property is used in conducting a business in this Town. Page 40 of 47 Marana Regular Council Meeting 02/16/2016 Page 71 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (b) tangible personal property, the value of which does not exceed the amount of one thousand dollars ($1,000) per item, acquired by an individual outside the limits of the Town for his personal use and enjoyment. (c) charges for delivery, installation, or other customer services, as prescribed by Regulation. (d) charges for repair services, as prescribed by Regulation. (e) separately itemized charges for warranty, maintenance, and service contracts. (f) prosthetics. (g) income - producing capital equipment. (h) rental equipment and rental supplies. (i) mining and metallurgical supplies. (j) motor vehicle fuel and use fuel which are used upon the highways of this State and upon which a tax has been imposed under the provisions of Article I or II, Chapter 16, Title 28, Arizona Revised Statutes. (k) tangible personal property purchased by a construction contractor, but not an owner - builder, when such person holds a valid Privilege License for engaging or continuing in the business of construction contracting, and where the property acquired is incorporated into any structure or improvement to real property in fulfillment of a construction contract. (1) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State. (m) tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of j ob printing, manufacturing, or publication of newspapers, magazines or other periodicals. Tangible personal property which is consumed or used up in a manufacturing, job printing, publishing, or production process is not an ingredient nor component part of a product. (n) rental, leasing, or licensing for use of film, tape, or slides by a theater or other person taxed under Section 8 -410, or by a radio station, television station, or subscription television system. (o) food served to patrons for a consideration by any person engaged in a business properly licensed and taxed under Section 8 -455, but not food consumed by owners, agents, or employees of such business. (p) tangible personal property acquired by a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property is in fact used in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512. (q) (RESERVED) (r) (Reserved) Page 41 of 47 Marana Regular Council Meeting 02/16/2016 Page 72 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (1) (Reserved) (2) (Reserved) (3) (Reserved) (4) (Reserved) (s) groundwater measuring devices required by A.R.S. Section 45 -604. (t) (Reserved) (u) aircraft acquired for use outside the State, as prescribed by Regulation. (v) sales of food products by producers as provided for by A.R.S. Sections 3 -561, 3 -562 and 3- 563. (w) (Reserved) (x) FOOD AND DRINK PROVIDED BY A PERSON WHO IS ENGAGED IN BUSINESS THAT IS CLASSIFIED UNDER THE RESTAURANT CLASSIFICATION WITHOUT MONETARY CHARGE TO ITS EMPLOYEES FOR THEIR OWN CONSUMPTION ON THE PREMISES DURING SUCH EMPLOYEES' HOURS OF EMPLOYMENT. (y) Tangible personal property donated to an organization or entity qualifying as an exempt organization under 26 U.S.0 Section 501(c)(3); if and only if (1) the donor is engaged or continuing in a business activity subject to a tax imposed by Article IV; and (2) the donor originally purchased the donated property for resale in the ordinary course of the donor's business; and (3) the donor obtained from the donee a letter or other evidence satisfactory to the Tax Collector of qualification under 26 U.S.C. Section 501(c)(3) from the Internal Revenue Service or other appropriate federal agency; and (4) the donor maintains, and provides upon demand, such evidence to the Tax Collector, in a manner similar to other documentation required under Article III. (z) (Reserved) (aa) tangible personal property used in remediation contracting as defined in Section 8 -100 and Regulation 8-100.5. (bb) materials that are purchased by or for publicly funded libraries including school district libraries, charter school libraries, community college libraries, state university libraries or federal, state, county or municipal libraries for use by the public as follows: (1) printed or photographic materials. (2) electronic or digital media materials. Page 42 of 47 Marana Regular Council Meeting 02/16/2016 Page 73 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (cc) food, beverages, condiments and accessories used for serving food and beverages by a commercial airline, as defined in A.R.S. Section 42- 5061(A)(49), that serves the food and beverages to its passengers, without additional charge, for consumption in flight. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (dd) wireless telecommunication equipment that is held for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunication services that are taxable under Section 8 -470. (ee) (Reserved) (ff) alternative fuel as defined in A.R.S. Section 1 -215, by a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. Section 49 -426 or Section 49 -480. (gg) food, beverages, condiments and accessories purchased by or for a public educational entity, pursuant to any of the provisions of Title 15, Arizona Revised Statutes, INCLUDING A REGULARLY ORGANIZED PRIVATE OR PAROCHIAL SCHOOL THAT OFFERS AN EDUCATIONAL PROGRAM FOR GRADE TWELVE OR UNDER WHICH MAY BE ATTENDED IN SUBSTITUTION FOR A PUBLIC SCHOOL PURSUANT TO A.R.S. 15- 802; to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (hh) personal hygiene items purchased by a person engaged in the business of and subject to tax under Section 8 -444 of this code if the tangible personal property is furnished without additional charge to and intended to be consumed by the person during his occupancy. (ii) the diversion of gas from a pipeline by a person engaged in the business of operating a natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline. 6j) food, beverages, condiments and accessories purchased by or for a nonprofit charitable organization that has qualified as an exempt organization under 26 U.S.C. Section 501(c)(3) and regularly serves meals to the needy and indigent on a continuing basis at no cost. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (kk) sales of motor vehicles that use alternative fuel if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R. S. Section 1 -215. Page 43 of 47 Marana Regular Council Meeting 02/16/2016 Page 74 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (11) The storage, use or consumption of tangible personal property in the city or town by a school district or charter school. (MM) RENEWABLE ENERGY CREDITS OR ANY OTHER UNIT CREATED TO TRACK ENERGY DERIVED FROM RENEWABLE ENERGY RESOURCES. FOR THE PURPOSES OF THIS PARAGRAPH, "RENEWABLE ENERGY CREDIT" MEANS A UNIT CREATED ADMINISTRATIVELY BY THE CORPORATION COMMISSION OR GOVERNING BODY OF A PUBLIC POWER UTILITY TO TRACK KILOWATT HOURS OF ELECTRICITY DERIVED FROM A RENEWABLE ENERGY RESOURCE OR THE KILOWATT HOUR EQUIVALENT OF CONVENTIONAL ENERGY RESOURCES DISPLACED BY DISTRIBUTED RENEWABLE ENERGY RESOURCES. (NN) MAGAZINES OR OTHER PERIODICALS OR OTHER PUBLICATIONS BY THIS STATE TO ENCOURAGE TOURIST TRAVEL. (00) PAPER MACHINE CLOTHING, SUCH AS FORMING FABRICS AND DRYER FELTS, SOLD TO A PAPER MANUFACTURER AND DIRECTLY USED OR CONSUMED IN PAPER MANUFACTURING. (PP) OVERHEAD MATERIALS OR OTHER TANGIBLE PERSONAL PROPERTY THAT IS USED IN PERFORMING A CONTRACT BETWEEN THE UNITED STATES GOVERNMENT AND A MANUFACTURER, MODIFIER, ASSEMBLER OR REPAIRER, INCLUDING PROPERTY USED IN PERFORMING A SUBCONTRACT WITH A GOVERNMENT CONTRACTOR WHO IS A MANUFACTURER, MODIFIER, ASSEMBLER OR REPAIRER, TO WHICH TITLE PASSES TO THE GOVERNMENT UNDER THE TERMS OF THE CONTRACT OR SUBCONTRACT. (QQ) COAL, PETROLEUM, COKE, NATURAL GAS, VIRGIN FUEL OIL AND ELECTRICITY SOLD TO A QUALIFIED ENVIRONMENTAL TECHNOLOGY MANUFACTURER, PRODUCER OR PROCESSOR AS DEFINED IN A.R.S. SECTION 41- 1514.02 AND DIRECTLY USED OR CONSUMED IN THE GENERATION OR PROVISION OF ON -SITE POWER OR ENERGY SOLELY FOR ENVIRONMENTAL TECHNOLOGY MANUFACTURING, PRODUCING OR PROCESSING OR ENVIRONMENTAL PROTECTION. THIS PARAGRAPH SHALL APPLY FOR TWENTY FULL CONSECUTIVE CALENDAR OR FISCAL YEARS FROM THE DATE THE FIRST PAPER MANUFACTURING MACHINE IS PLACED IN SERVICE. IN THE CASE OF AN ENVIRONMENTAL TECHNOLOGY MANUFACTURER, PRODUCER OR PROCESSOR WHO DOES NOT MANUFACTURE PAPER, THE TIME PERIOD SHALL BEGIN WITH THE DATE THE FIRST MANUFACTURING, PROCESSING OR PRODUCTION EQUIPMENT IS PLACED IN SERVICE. (RR) MACHINERY, EQUIPMENT, MATERIALS AND OTHER TANGIBLE PERSONAL PROPERTY USED DIRECTLY AND PREDOMINANTLY TO CONSTRUCT A QUALIFIED ENVIRONMENTAL TECHNOLOGY MANUFACTURING, PRODUCING OR PROCESSING FACILITY AS DESCRIBED IN A.R.S. SECTION 41- 1514.02. THIS Page 44 of 47 Marana Regular Council Meeting 02/16/2016 Page 75 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA SUBSECTION APPLIES FOR TEN FULL CONSECUTIVE CALENDAR OR FISCAL YEARS AFTER THE START OF INITIAL CONSTRUCTION. (SS) (RESERVED) Section XV. Model City Tax Code Resulation 8 -120.1 is repealed, with an effective date of July 1, 2013. ... .11. Section XVI. Model City Tax Code Regulation 8 -270.1 is amended as follows, with an effective date of July 1, 2013. Reg. 8- 270.1. Proprietary activities of municipalities are not considered activities of a governmental entity. The following activities, when performed by a municipality, are considered to be activities of a person engaged in business for the purposes of this Chapter, and not excludable by reason of Section 8 -270: (a) rental, leasing, or licensing for use of real property to other than another department or agency of the municipality. (b) producing, providing, or furnishing electricity, electric lights, current, power, gas (natural or artificial), or water to consumers or ratepayers. (c) sale of tangible personal property to the public, when similar tangible personal property is available for sale by other persons, as, for example, at police or surplus auctions. (d) PROVIDING WASTEWATER REMOVAL SERVICES TO CONSUMERS OR RATEPAYERS BY MEANS OF SEWER LINES OR SIMILAR PIPELINES. Section XVII. Model City Tax Code Regulation 8 -460.1 is amended as follows, with an effective date of July 1, 2013. Reg. 8- 460.1. Distinction between retail sales and certain other transfers of tangible personal property. (a) Charges for transfer of tangible personal property included in the gross income of the business activity of persons engaged in the following business activities shall be deemed only as gross income from such business activity and not sales at retail taxed by Section 8 -460: Page 45 of 47 Marana Regular Council Meeting 02/16/2016 Page 76 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (1) tangible personal property incorporated into real property as part of reconstruction or construction contracting, per Sections 8 -415 through 8 -418. (2) (Reserved) (3) job printing, per Section 8 -425. (4) mining, timbering, and other extraction, but not sales of sand, gravel, or rock extracted from the ground, per Section 8 -430. (5) publication of newspapers, magazines, and other periodicals, per Section 8 -435. (6) rental, leasing, and licensing of real or tangible personal property, per Sections 8 -445 or 8 -450. (7) restaurants and bars, per Section 8 -455. (8) FOOD FOR HOME CONSUMPTION, PER SECTION 8 -462. (9) telecommunications services, per Section 8 -470. (10) utility services, per Section 8 -480. (11) WASTEWATER REMOVAL SERVICES, PER SECTION 8 -485. (b) Distinction between construction contracting, retail, and certain direct customer service nn +; - W T1 +;AO (1) When an item is attached or installed on real property, it is a construction contracting activity and any subsequent repair, removal, or replacement of that item is construction contracting. (2) Items attached or installed on tangible personal property are retail sales. (3) Transactions where no tangible personal property is attached or installed are considered direct customer service activities (for example: carpet cleaning, lawn mowing, landscape maintenance). (4) Demolition, earth moving, and wrecking activities are considered construction contracting. (c) The sale of sand, rock, and gravel extracted from the shall be deemed a sale of tangible personal property and not mining or metallurgical activity. (d) Sale of consumable goods incorporated into or applied to real property is considered a retail sale and not construction contracting. Examples of consumable goods are lubricants, faucet washers, and air conditioning coolant, but not paint. (e) Installation or removal of tan ig ble personal property which has independent functional utility is considered a retail activity. (1) "Tangible personal property which has independent functional utility" must be able to substantially perform its function(s) without attachment to real property. "Attachment Page 46 of 47 Marana Regular Council Meeting 02/16/2016 Page 77 of 141 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA to real property" must include more than connection to water, power, gas, communication, or other service. (2) Examples of tangible personal property which has independent functional utility include artwork, furnishings, "plug -in" kitchen equipment, or similar items installed by bolts or similar fastenings. (3) Examples of tangible personal property which does not have independent functional utility include wall -to -wall carpeting, flooring, wallpaper, kitchen cabinets, or "built - in" dishwashers or ranges. (4) The installation of window coverings (drapes, mini - blinds, etc.) is always a retail activity. Page 47 of 47 Marana Regular Council Meeting 02/16/2016 Page 78 of 141 SUMMARY OF CHANGES TO MODEL CITY TAX CODE The attached Ordinance and Resolution incorporate into the local tax code all of the Model City Tax Code changes approved by the Municipal Tax Code Commission from 2012 through 2014, as described below by Resolution Section number. Section I Section 100 adds language to the existing definitions of "Business" and "Prosthetic ". This change excludes the sale of electricity generated by consumer equipment from the definition of "Business ". Adding this exclusion means persons that make such sales (e.g. residential solar energy sales) are not deemed to be in the business of providing Utilities, and thus are not required to have a Privilege Tax License to make such sales. The additional language that adds Orthodontics to the definition of "Prosthetic" is a change intended to conform the Code to State statute. These changes are effective retroactively from and after January 1, 2007 for "Business," and October 1, 2007 for "Prosthetic." Section 2 Section 120 is repealed, eliminating the definition of "Food for Home Consumption." The elements of this definition are incorporated in new Section 462, creating a separate "Food for Home Consumption" tax classification apart from the Retail classification. This section is effective from and after July 1, 2013. Section 3 Section 200 is amended to add conforming language under the determination of gross income that is related to nuclear fuel sales as found in State statute. This section is effective from and after July 1, 2013. Section 4 This section repeals and replaces all of Article III — Licensing and Recordkeeping. This is a critical step in TPT Simplification that has the effect of making licensing as uniform as possible across all cities and towns. Note that this section completely replaces the entirety of Article III in every city and town's tax code. This change also eliminates all Regulations numbered in the 300's, as well as eliminating all Green Sheet items related to tax licensing. This section also eliminates the use of the tax license as a means to regulate business for any purpose other than tax collection. From now on, all licensing and enforcement of a regulatory nature such as zoning, use permits, special events, inspections, etc., must be accomplished by a separate business license. This section is effective from and after January 1, 2015. Section 5 Section 425 is amended to add an exemption from tax on Job Printing for sales of postage and freight in conformity with State statute. This element is effective retroactively from and after September 21, 2006. Also, Local Option #MM is eliminated effective July 1, 2012, also in conformity with State statute. Section 6 Section 445 is amended to adopt the final version of a new exemption for Real Property Leases between Affiliated Entities. This section is effective retroactively from and after July 1, 2013. Section 7 Section 450 is amended to conform to the new State exemption and city preemption that makes the leasing of certified ignition interlock devices required under DUI laws exempt from tax under Tangible Personal Property Rental. This section is effective retroactively from and after September 1, 2004. Section 8 Section 460 is amended in conformity with a new clarifying State exemption and matching city preemption that makes the retail sale of gift cards and other cash equivalents exempt from the tax under the Retail classification. This section is effective retroactively from and after October 1, 2007. Marana Regular Council Meeting 02/16/2016 Page 79 of 141 SUMMARY OF CHANGES TO MODEL CITY TAX CODE Section 9 Section 462, Retail Sales: Food for Home Consumption is added to the standard Model Code language. This section incorporates all of the definitions and Regulations related to grocery sales that were previously included only in those communities that selected Model Option #2. With this change and standardization, Model Option #2 is eliminated from the Code. Cities and towns are now free to set a distinct tax rate for grocery sales, which can by higher, lower, or zero, as the community sees fit. This section is effective from and after July 1, 2013. Section 10 Section 465, Retail Sales: Exemptions has undergone significant changes, largely in name of conformity with State statute. A major goal of TPT Simplification was making conforming changes to the Retail classification of the MCTC that aligned with State statute wherever possible, with the intention of preparing for passage of the Marketplace Fairness Act. On the State tax side, the only change enacted was elimination of an exemption for in -store sales to non - residents that are shipped out of State (excluding vehicles). On the City side, this movement resulted in the elimination of Model Option #2, related to food for home consumption creating a separate classification; eliminating Local Option #AA, allowing tax exempt employee drinks and meals; and adding charter schools to the list that qualify for a food sale exemption. Also, wholly new conforming exemptions were adopted, including one for the sale of "renewable energy credits "; sale of periodicals to encourage tourism; sale of paper machine clothing to a paper manufacturer; sales of overhead materials used in performing government contracts; and the sale of fuels and sale of equipment to qualified environmental technology manufacturers. All of these changes are effective July 1, 2013, with the exception of the sale of "renewable energy credits" which is effective retroactively from and after January 1, 2007. �Pctinn 11 Changes to this section include adding in a specific exemption from the Utilities classification for sales of excess energy produced by a consumer's photovoltaic system to a utility distributor, along with language that removes the sale of RECs from the Utilities classification. This provides the exemption under the Utilities classification to clarify that when the meter spins backward, the taxable measure is the net charge to the consumer, and that REC sales are not part of the gross receipts under Utilities. This section shall be effective from and after January 1, 2007. Section 12 Section 485 is added to the standard code language, creating a new classification that imposes tax on wastewater removal services. This section was formerly a Green Page in several cities. This conversion to standard code language is part of the ongoing effort to eliminate the Green Pages by either eliminating or adopting exception items. If a city chooses to impose tax on this activity, the tax rate should be tied to the rate imposed on the Utilities classification. This section shall be effective from and after July 1, 2013. �Petinn 13 Section 570 is amended to grant the Tax Collector greater latitude in allowing extensions to taxpayers that are making a good faith effort to produce additional information during the audit protest process. Previously the code technically allowed only one 45 -day extension to taxpayers protesting audit results, so actual practice resulted in many "unofficial" extensions. This change allows the Tax Collector to grant additional extension at their discretion. This section is deemed effective from and after July 1, 2008. Section 14 Section 660, Use Tax: Exemptions has undergone significant changes which mirror the changes to the Retail Exemptions noted above in Code Section 465. Again, these are being done in the name of conformity with State statute. This movement resulted in the elimination of the food for home Marana Regular Council Meeting 02/16/2016 Page 80 of 141 SUMMARY OF CHANGES TO MODEL CITY TAX CODE consumption exemption; adding an exemption for employee drinks and meals; and adding charter schools to the list that qualify for a food exemption. Also, wholly new conforming exemptions were adopted, including one for the purchase of "Renewable Energy Credits" or RECs; periodicals to encourage tourism; paper machine clothing to a paper manufacturer; overhead materials used in performing government contracts; and the purchase of fuels and sale of equipment to qualified environmental technology manufacturers. All of these changes are effective July 1, 2013, with the exception of "Renewable Energy Credits" which is effective retroactively from and after January 1, 2007. Section 15 This section repeals Regulation 120.1 related to the definition of Food for Home Consumption, which has been incorporated in the text of new Section 462 noted above. This section shall be effective from and after July 1, 2013. Section 16 This section amends Regulation 270. 1, adding the provision of wastewater removal services to the list of activities that are considered proprietary and therefore taxable when engaged in by a city or town. This section shall be effective from and after July 1, 2013. Section 17 This section amends Regulation 460. 1, adding the distinction from Retail for activities that fall under the two new classifications: Food for Home Consumption in Section 462, and Wastewater Removal Services in Section 485.This means that an exchange of tangible personal property that occurs under the activity described in Sections 462 or 485, is specifically NOT considered a Retail transaction. This section shall be effective from and after July 1, 2013. Marana Regular Council Meeting 02/16/2016 Page 81 of 141 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C4 Meeting Date: 02/16/2016 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: February 16, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -017 Relating to Utilities; approving and authorizing the Mayor to sign "Lease Amendment No. 2" with CalPortland Company for the Rillito Vista Water Reclamation Facility (Frank Cassidy) Discussion: As part of its June 2013 wastewater acquisition from Pima County, the Town of Marana acquired the rights and obligations of the Rillito Vista Water Reclamation Facility (WRF). The Rillito Vista WRF is located on land owned by CalPortland Company (successor by merger to Arizona Portland Cement Company) pursuant to a 2005 lease entered into by Pima County and assigned to Marana as part of the wastewater acquisition. The lease was amended in 2010 to set the rental rate ($1,608 per year) for the first five -year extension of the lease. This agenda item seeks approval of Lease Amendment No. 2. It retroactively extends the lease for another five years, slightly expands the lease area to accommodate connection of the Rillito Vista WRF to the new Tangerine Downtown Sewer Conveyance System project, provides for a one -time $300 lease amendment fee, and sets a new rental rate of $1,770 per year for the years 2015 -2020. The first payment of $1,770 was made in November 2015. (A payment of $1,745 should have been paid by July 1 under the terms of the lease before the modifications in Lease Amendment No. 2.) Financial Impact: Fiscal Year: 2016 -2020 Budgeted Y/N: Y Marana Regular Council Meeting 02/16/2016 Page 82 of 141 Amount: $2,070 (FY2016); $1,770 (FY2017 -2020) Staff Recommendation: Staff recommends adoption of Resolution No. 2016 -017, approving and authorizing the Mayor to sign Lease Amendment No. 2 with CalPortland Company for the Rillito Vista WRF. Suggested Motion: I move to adopt Resolution No. 2016 -017, approving and authorizing the Mayor to sign Lease Amendment No. 2 with CalPortland Company for the Rillito Vista WRF . Attachments Resolution No. 2016 -017 Exhibit A to Resolution Lease Amend 2 Marana Regular Council Meeting 02/16/2016 Page 83 of 141 MARANA RESOLUTION NO. 2016-017 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO SIGN "LEASE AMENDMENT NO. 2" WITH CALPORTLAND COMPANY FOR THE RILLITO VISTA WATER RECLAMATION FACILITY WHEREAS the Town of Marana acquired the rights and obligations of the Rillito Vista Water Reclamation Facility (WRF) as part of its June 2013 wastewater acquisition from Pima County; and WHEREAS the Rillito Vista WRF is located on land owned by CalPortland Company pursuant to a 2005 lease entered into by Pima County and assigned to Marana as part of the wastewater acquisition; and WHEREAS Lease Amendment No. 1 was executed in 2010 to set the rental rate for the first five -year extension of the lease; and WHEREAS Lease Amendment No. 2 retroactively extends the lease for another five years, slightly expands the lease area to accommodate connection of the Rillito Vista WRF to the Town's new Tangerine Downtown Sewer Conveyance System project, and provides compensation for the lease amendment and extension; and WHEREAS the Mayor and Council of the Town of Marana find that 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, that "Lease Amendment No. 2" with CalPortland Company for the Rillito Vista Water Reclamation Facility, a copy of which is attached to this resolution as Exhibit A, is hereby approved, the Mayor is authorized to execute it for and on behalf of the Town of Marana, and 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 this resolution and the lease as amended. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of February, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2016 -017 Marana Regular Council Meeting 02/16/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2/4/2016 3:27 PM FJC Page 84 of 141 LEASE AMENDMENT NUMBER 2 This LEASE AMENDMENT NUMBER 2 (this "Amendment ") is entered into as of October 1, 2015 by and between CALPORTLAND COMPANY, a California corporation, successor by merger to Arizona Portland Cement Company, an Arizona corporation ( "CalPortland" or "Landlord "); and the TOWN OF MARANA, an Arizona municipal corporation, ( "Marana" or "Lessee "). CalPortland and Marana are sometimes collectively referred to as the "Parties," either of whom is sometimes individually referred to as a "Party." RECITALS A. CalPortland and Pima County entered into a "Lease" dated June 23, 2005 (the "Original Lease "), for Pima County's lease of 5.88 acres of land for public sewage disposal facilities commonly referred to as the "Rillito Vista WRF." B. The lease term of the Original Lease was five years, beginning July 1, 2005 and ending June 30, 2010; with the option to extend the term for two additional five -year periods. C. The annual rent payable under the Original Lease was $1,573.22, with CPI -U Consumer Price Index adjustments calculated for each five -year extension period. D. CalPortland and Pima County entered into "Lease Amendment No. 1" on July 9, 2010, setting the annual rent payable for the first five -year extension period at $1,608. E. On June 24, 2013, CalPortland, Marana, and Pima County signed an "Assignment of Lease with Landlord's Consent," assigning the lease to Marana in connection with the settlement of then - pending litigation between Pima County and Marana. F. Marana timely paid the annual lease payment that was due on July 1, 2013. G. The first five -year extension period of the lease ended on June 30, 2015, and Marana failed to notify CalPortland that Marana intended to exercise its option to extend the lease for the second five -year extension period. H. By operation of paragraph 4(c) of the Original Lease, the adjusted annual rent for the second five -year extension period is $1 ,745 prior to the modifications set forth in this Amendment. I. Marana made the 2014 annual lease payment in August 2015 and the 2015 annual lease payment in October 2015. J. Marana is in the final design stage of constructing a sewer line west of the Rillito Vista WRF and desires to modify the Original Lease to accommodate connection of the Rillito Vista WRF to the new sewer line (the "Proposed New Line "). 7112773_4 -1- Marana Regular Council Meeting 02/16/2016 Page 85 of 141 AGREEMENT Now, THEREFORE, CalPortland and Marana do hereby mutually agree as follows: 1. Retroactive extension of lease. The Original Lease is retroactively extended for the second five -year extension period, beginning July 1, 2015 and terminating on June 30, 2020 unless sooner terminated pursuant to the provisions of the Original Lease as modified to and including this Amendment. 2. Acceptance of late payments. CalPortland accepts Marana's late payments for the July 1, 2014 and July 1, 2015 payments, without waiving its right to strict performance of payment requirements and all other terms of the Original Lease, as modified to and including this Amendment, in the future. 3. Expansion of the "Premises. " To accommodate connection of the Rillito Vista WRF to Marana's Proposed New Line, paragraph 1 of the Original Lease is modified effective October 1, 2015, making the "Premises" the following described parcel: A portion of the Southwest Quarter of the Southeast Quarter of Section 6, Township 12 South, Range 12 East, G &SRB &M, Pima County, Arizona, being more particularly described as follows: COMMENCING at the Southwest corner of Rillito Vista Subdivision as recorded in the office of the County Recorder of Pima County, Arizona, at Book 21 of Maps and Plats, Page 76; THENCE South 00° 17' 43" East, 92.00 feet; THENCE North 89 48'10" East, 72.50 feet to the TRUE POINT OF BEGINNING; THENCE South 00 17' 43" East, 55.00 feet; THENCE South 89 48'10" West, 72.50 feet; THENCE South 00 17' 43" East, 50.00 feet; THENCE North 89 48'10" East, 72.50 feet; THENCE South 00 17' 43" East, 265.00 feet; THENCE North 89 48'10" East, 635.00 feet; THENCE North 00 17' 43" West, 412.00 feet; THENCE South 89 48'10" West, 504.50 feet; THENCE South 00 17' 43" East, 42.00 feet; THENCE South 89° 48'10" West, 130.50 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 5.96 acres. Notwithstanding the foregoing provisions of this paragraph 3 to the contrary, if the Rillito Vista WRF is not connected to the Proposed New Line or the Proposed New Line is not put in service on or before the date two (2) years following the date of CalPortland's 7112773_4 -2- Marana Regular Council Meeting 02/16/2016 Page 86 of 141 execution of this Amendment, the provisions of this paragraph 3 shall be of no further force or effect and thereafter the Premises shall be as described in paragraph 1 of the Original Lease. 4. Consideration. a. Due following execution. Marana shall pay CalPortland $300 within five (5) business days after the mutual execution and delivery of this Agreement, in consideration of this Amendment, including compensation for late payments and consideration for the expanded Premises for October 2015 through June 2016. b. Modified annual rent. For the remaining years of the second five -year extension period, Marana shall pay CalPortland annual rent of $1,770, payable on or before July 1 of each year. 5. Nuisance. The first sentence of paragraph 6 ( "Nuisance ") of the Original Lease is hereby modified to add the words "and conveyance" after the phrase "sewage disposal "; so that the first sentence reads: "It is understood that Lessee intends to maintain sewage disposal and conveyance facilities on the Premises." The remainder of paragraph 6 of the Original Lease is unchanged. 6. Hold harmless. The words "intentionally wrongful or negligent" are hereby deleted from the first sentence of paragraph 9 ( "Hold Harmless ") of the Original Lease, so that the first sentence reads: "Lessee shall indemnify, defend at its cost and hold Owner harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which arise out of any act or omission of Lessee in its operations upon or maintenance of the Premises." 7. Effect on other provisions. All other terms and provisions of the Original Lease, as previously amended, shall continue in full force and effect and are incorporated by reference in this Amendment. {Signatures appear on following page} 7112773_4 -3- Marana Regular Council Meeting 02/16/2016 Page 87 of 141 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth above. "CalPortland" or "Landlord ": CALPORTLAND COMPANY Its: Date: "Marana" or "Lessee ": TOWN OF MARANA Ed Honea, Mayor Date: ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF County of 55. The foregoing instrument was acknowledged before me this day of by , the CALPORTLAND COMPANY, a California corporation, on behalf of the corporation. (Seal) Notary Public 7112773_4 M 2016, of Marana Regular Council Meeting 02/16/2016 Page 88 of 141 N O 0 / n.. - tn. A k 4 0 Council - Regular Meeting C5 Meeting Date: 02/16/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: February 16, 2016 Subject: Approval of February 2, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) Attachments Draft 02 -02 -2016 Meeting Minutes Marana Regular Council Meeting 02/16/2016 Page 89 of 141 �pwn p� I 7 � MARANA \I1170?S I REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 � m 1 " or - -II' Council Chambers, February 2, 2016 after 7:00 PM I L l ip, " ITS Ed Honea, ayor 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 I4&11� CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Bronson called roll. Council Member Kai was excused, and Council Member McGorray participated by telephone. There was a quorum present. PLEDGE ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. � %L '%k '4*6 411 Uh APPROVAL OF AGENDA. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 6 -0. CALL TO THE PUBLIC. No speaker cards were presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Mayor Honea noted that a longtime member of the community, Karl Horvath, recently passed. A red rose was placed on the chair where he sat at Council meetings. Karl was very instrumental in helping with the senior programs when the Senior Center was started. He provided food, service January 19, 2016 Meeting Minutes 1 Marana Regular Council Meeting 02/16/2016 Page 90 of 141 and great camaraderie within the community. Mayor Honea also noted two Marana residents, Sherry Cervi and Sarah Kennedy are in the spotlight again. Sarah painted the poster for the 2016 La Fiesta de los Vaqueros showing Sherry and her horse Stingray competing in a barrel race. Sherry is a four -time world champion barrel racer who was raised in Marana and attended Marana schools. The Mayor has a signed and framed poster in his office which is available for viewing. He also noted that another woman with roots in Marana, Amy McReynolds, the daughter of Dr. Scott Foster for whom the MUSD administration building is named, was selected as only the second woman in nearly 70 years to be the chairman of the Southern Arizona Home Builders Association. Amy is also a Marana High School graduate. Marana is proud to acknowledge these women and their skills and talents. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted that the Executive Report for January is available. Also, John Kmiec, director of the water department, was nominated to serve on the Governor's Water Augmentation Council, and is the only municipal water director to serve on this council. So it's a great testament to John's abilities to be able to bring Marana's voice to their discussions. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 6 -0. C1 Resolution No. 2016 -011 Relating to Public Works; approving and authorizing the Mayor to execute a "Right of Entry and Indemnity Agreement for Bridge Painting" with Union Pacific Railroad Company for the bridge over the Orange Grove Road underpass (Ryan B enavide s) a, C2 Approval of January 12, 2016 Study Session Minutes and January 19, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES "Air L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Rev. Fr. Virgilio Tabo, Jr. on behalf of Saint Christopher Roman Catholic Parish for Valentine's Day Party to be held on February 13, 2016 (Jocelyn C. Bronson). Ms. Bronson noted that the application was properly reviewed, and staff recommends approval. Motion to approve by Council Member McGorray, second by Council Member Bowen. Passed unanimously 6 -0. January 19, 2016 Meeting Minutes 2 Marana Regular Council Meeting 02/16/2016 Page 91 of 141 BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Ordinance No. 2016.002 Relating to Finance; exempting Town -owned projects from certain Town of Marana fees (Jamsheed Mehta). Mr. Mehta noted that this item is designed to exempt certain development - related fees when the project is owned by the town. Under the town's comprehensive fee schedule, the town is permitted to charge for certain fees related to development. For town -owned projects, such as the proposed police facility, it is recommended that we not pay ourselves out of one general fund account to put in another as part of the review process. By doing this, we can potentially reduce the cost of a town -owned project. These costs can run from seven to thirteen percent of the total cost of a project. If that amount is added to the total cost of a project, it basically increases the overhead costs of the contractor. The proposed fee exemption only applies to projects which have a general fund component or non - enterprise fund projects. If the source of funding is a grant or another non -town related funding source or even an enterprise fund, those fees will continue to be charged. Exempting the fees does not remove the review and inspection processes. Motion to approve by Vice Mayor Post, second by Council Member Ziegler. Passed unanimously 6 -0. A2 Resolution No. 2016 -012 Relating to Facilities; posting a portion of Luckett Road as "John Kai Sr. Memorial Roadway" (Gilbert Davidson). Mr. Davidson noted that at the January 19 meeting, a request was made to name a portion of Luckett Road the John Kai, Sr. Road or come up with other concepts. Town staff met and looked at the various options and challenges involved in renaming the road and then came up with a concept that would be appropriate for the situation that acknowledges the Kai family donation of property for the new Veterans' Cemetery. He noted that a visible recognition is an appropriate honor for their contributions and the significance of having a national cemetery in Marana. One of the concepts proposed which can be done fairly quickly is to name a portion of Luckett Road the "John Kai, Sr. Memorial Parkway." Signs would be made and installed along a stretch of Luckett Road. This has been done in other communities so there is a precedent. Interstate 10 is another great example. Along the road you can see signs such as "Pearl Harbor Memorial Highway." It's an effective way to recognize and honor someone or some effort without renaming the entire street which brings many complications. The signage proposed could be done in two weeks before the opening of the Cemetery. Council Member Bowen asked if there was any need to bring others in on the discussion, such as the family for which Luckett Road is named. Mr. Davidson responded that under the scenario presented, no notice would have to be given to any family members because it's not legally changing the name of the road but rather designating a portion of the road as a corridor. In addition, we wouldn't be changing mailing January 19, 2016 Meeting Minutes 3 Marana Regular Council Meeting 02/16/2016 Page 92 of 141 addresses. If the Council desires to rename the road, there would have to be a formal process to work with residents along Luckett Road and let them weigh in on the name change, and there would be costs associated with that. The stretch proposed would be on Luckett north of Marana Road. There would be signs erected at major intersections; one at Marana and Luckett Roads and one near the entrance to the Cemetery. Another sign could be placed near Hardin. Motion to approve the concept presented by staff by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 6 -0. ITEMS FOR DISCUSSION /POSSIBLE ACTION DI Resolution No. 2016 -013 Relating to Utilities; approving Marana Water Department water service area maps (John Kmiec). Mr. Kmiec started with a brief background of how the Marana water system came about and then noted that in 2010 the Council adopted a written service area policy which stated that annexation is required for any commercial, industrial or residential subdivisions currently outside the town limits to be able to be provided with water service. The policy also stipulated that no annexation would be mandated for single family residential or non - commercial projects that were in established Marana water department service areas. At the time of the discussions about the policy, service area maps were not prepared, so staff has been operating under the policy as it was. He and his staff have reviewed the historic documents and the operational necessities of the county water systems that we have historically had. From that he is presenting some maps of intended service areas of those water systems outside the town to help staff know if developments are eligible for water service. Motion to approve by Council Member Ziegler, 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 the other governmental bodies (Gilbert Davidson). Mr. Davidson noted that there are two bills of interest to the town which are being followed closely by the League, The League is opposed to both of them. The first is HB 2391 regarding water and wastewater rates. The bill would prohibit municipalities from being able to use the actual money collected from monthly rates, or any fees, including impact fees, to purchase or pay for infrastructure for the system. This creates a very onerous way to deal with our municipal system and could have an impact on how we have put together our wastewater system. We are very much opposed to the bill. HB 2440 is the second bill relating to municipal financing districts such as an improvement district or any type of special district that the town forms to create amenities for residents in a certain area. This creates additional layers that make it almost impossible for the municipal to do that. It would require additional elections, among other things, and make it much harder on the town. He will provide sponsor and contact information to Council. January 19, 2016 Meeting Minutes 4 Marana Regular Council Meeting 02/16/2016 Page 93 of 141 EXECUTIVE SESSIONS FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn at 7:25 p.m. by Vice Mayor Post, second by Council Member Bowen. 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 February 2, 2016. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk January 19, 2016 Meeting Minutes 5 Marana Regular Council Meeting 02/16/2016 Page 94 of 141 N O 0 / m - tn. A k 4 0 Council - Regular Meeting L1 Meeting Date: 02/16/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: February 16, 2016 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Patrick Nilz on behalf of Marana Heritage Conservancy for Founder's Day to be held on March 5, 2016 (Jocelyn C. Bronson) Discussion: This application is for a special event liquor license on behalf of Marana Heritage Conservancy for Founder's Day to be held on March 5, 2016. The applicant has also obtained a special event permit from the town, pursuant to Chapter 10 -6 of the Marana Town Code. A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special Marana Regular Council Meeting 02/16/2016 Page 95 of 141 event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Patrick Nilz on behalf of Marana Heritage Conservancy for Founder's Day to be held on March 5, 2016. OPTION 2: I move to disapprove the special event liquor license application submitted by Patrick Nilz on behalf of Marana Heritage Conservancy for Founder's Day to be held on March 5, 2016. Attachments Redacted Liquor License Application Series Description Special Event Liquor License Marana Regular Council Meeting 02/16/2016 Page 96 of 141 s i�{ : J Vend: IMPORTANT IN FOBM TION: This document must be cony ed or it will be The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. ti the spec ial event willl be held at a location wMhout a permanent liquor license or ti the event will be on any potion of a location that Is not covered by the existing liqu x license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTI 1 Name of Organ F SECTIOR 2 Non- Profit /IRS Tax Exempt Number. e;?10 SECTION 3 The organQation is a: (check one box only) EkharitatAeTkraternal (must have regular membership and have been in existence for over five (5) years) OReligious VIUMic (Rotcwy. College Scholarship) OPolitical Party, Ballot Measure or campaign Committee held on a currently licensed remise and within the already approved premises Yes ONO IF- SECTION 4 Will this event be e y p Name of Business Dense Number phone (Include Area Code) SECTIC]N 5 Mow is this special event going to conduct all dispensing, serving. and selling of spirituous liquors? Please read R-19- 318 for explanation (look in special event planning guide) and check one of the following boxes. OPlace license in nonuse CIDispense and serve all spirituous liquors under retailer's license w p o bispense and serve all s irituous liquors under special event [3 Spl1t premise between special event and retail location (lf r2t using retal license, submit a letter of ag from the agent /owner of the licensed prern�ise to suspend the license dining the event. ff the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION 6 What is the purpose of this events IXOn -site consumption Off -site (auction) UBoth O .7 Location of the Event: QmAlaeJ &I Ei�' Address of Location: ' �� /U � � �c� T�-s � nQ' � m�` '✓� �' ��`� street cny COUNTY State ZIP SECTION 8 Will this be stacked with a wine festival/craft distiller festival? OYes NNO SECTIO K 9 Applicant must be a member of the qualifying organization and authorized by an officer, Director or Chairperson of the organization named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: �1 � Z RqXYyl�N1c� � Lost first Middle 2. Applicant's mailing address: Street 6W I Date of tuft State ► " • 5 hone: 6 & "'"' 3. Applicant's home /cell phone: Applicants busines p 4. Applicant's email address: Marana Regular Council Meeting 02/16/2016 Page 97 of 141 7/2 2/2015 Page 1 of 4 individuals requiring ADA accommodations call (602)542 -9027_ SECTION 10 1 . Has the applicant been convicted of a felony, or had a liquor license revoked within the last rive (5) years? aes Wo (it yes, attach explanation.) location ear? tion this 2. How many special event Incenses have been issued to this a Y (The number cannot exceed 12 events per year; exceptions under A. R.S. §4- 203.42(10.) 3, is the organization using the services of a promoter or other person to manage the event? Oyes Oo g g p (if yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Accounf for 100% of fhe proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. A j � Name t: r & a , G r` �w �.., P ercentage. Address r' Street ry c i State zip 0 Name ° � _�� Percentage' Address street ci ty State Zip 5. Please read A.R.S. § 4- 203.02 S ecial event license; rules and R19-1-205 Re uirements for a - Special Event License, Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. " NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE.. RAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police /security personnel and type of fencing or control barriers, if applicable.) � Number m er of Police `. _ Number of Security Personnel NFencing []Barriers Explana #ion•- Y.....: e, J 0 C 9 t f ..�.,• __ ate^. F �..._: -' ........... 10. SECTION 11 Date(s) and Hours of Event. May not exceed 10 consecutive days. See A.R.S. § 4-244( 15) and ( 17) for legal hours of service. Date DAY 1: DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7** DAY 8: DAY 9: DAY 10: Marana Regular Council Meeting 02/16/2016 Day of Week Y Event Start Time AM/PM License End rime AM/PM �51 001 Page 98 of 141 7/22/2015 Page 2 of 4 Individuals requiring ADA accommodations call (602.)542- -9427. ` QI ON 12 License prem *ses diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the previsions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. NT Marana Regular Council Meeting 02/16/2016 Page 99 of 141 7/22/2015 Page 3 of 4 individuals requiring ADA accommodations cal! (602)542-9027. iL (7) 17 -`)'TpJ re jk X I ry • y L- � ` •r J Gl ,•� • �� SAY`.- MwY.Y+r� T! i cj - a - irAj e F V 4i1 � r �_ .� _ ....., _.._______..�.........,� � !!i!i � � i � � , �'• ..- .rte: -.'. cl AA� ry vv q. ZI .1 'A 1 60"P 1 f . s •••_ f � . }} � , r ,rte rr1 VC1 + ,'�1 is n.. �y�•�. ' • _. • - r -• - � �•:Y � � OL L i 45c:b iN' Marana Re Counal 0-th41t2/16/2016 Pa 100 of 141 P ; r i I R DL jk X I ry • y L- � ` •r J Gl ,•� • �� SAY`.- MwY.Y+r� T! i cj - a - irAj e F V 4i1 � r �_ .� _ ....., _.._______..�.........,� � !!i!i � � i � � , �'• ..- .rte: -.'. cl AA� ry vv q. ZI .1 'A 1 60"P 1 f . s •••_ f � . }} � , r ,rte rr1 VC1 + ,'�1 is n.. �y�•�. ' • _. • - r -• - � �•:Y � � OL L i 45c:b iN' Marana Re Counal 0-th41t2/16/2016 Pa 100 of 141 P ; r i I i 1 To be completed only by an Officer. Director or Chairperson of the organization named in Section 1. 1. �'"� declare that 1 am an OFFICER, DIRECTOR, or CHAIRPERSON (Pft FW Mme) appointing a the a licant listed in Section 9, to apply on behalf of the foregoing organization for a Special Event , Liqu - �- fie/ Paton Dote Phone # The for ding instrument was acknow befor e me this q4k I — DW month Year State County of Suzanne Sutherland � Notary Public My Commission Expires on: I g a Nom'' My Comm. Expires 09 -1 S SECTION 14 This section is to be completed only by the applicant named in Section 9. E gyMoyta m t he APPLICANT film this application as declare that I a g listed in Section 9. l read he application and the contents and all statements are true, correct and c . x me/ Pomon carte Phone # The for oing instrumen t WaS aCkno before me this State County of �, tNi S ►, Su zanne Sutherland `� Notary Public lot rY Pima County, Arizona -- - My Commission Exp on: M y C omm. xp res D9 -11 -18 Please contact the local governing board for additional application requirements and submission deadlines. Additional licensin g Y fees m also be requked before approval - may be granted. For more information.. please contact your local jurisdiction: htt :11 wWW.OZIigugr.g e does s ec event links. df. SECTION 15 Local Goveming Body Approval Section l recommend ❑APPROVAL E7 DISAPPROVAL (Gavemnic # cacW Cwt on behalf of -- (aw. Toem, Cou"W Dde FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL U E ONLY DAPPROVAL ❑ DISAPPROVAL BY: DATE: A.R.S. § 411-1030. Inyalldfly g[ t ade ccor in i2 this cha ter• ra ibited g92 actLog o ib a 9tL§X 1t9te to • entorc a t• n tice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a p Y basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12»820.01 OR 12- 820.02• Marana Regular Council Meeting 02/16/2016 Page 101 of 141 7/22/201 Page 4 of 4 Individuals requiring ADA accommodations call (602 )542-9027• SERIES: 15 SPECIAL EVENT LICENSE (Temporary) Non- transferable On -sale retail privileges Di I101011ecm Allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold, and only for the period authorized on the license. This is a temporary license. ADDITIONAL RIGHTS AND RESPONSIBILITIES: The applicant for a special event license must request a special event application from the Department and file the application with the governing body of the city or town, or Board of Supervisors of an unincorporated area of a county (where the special event is to take place) for approval or disapproval. Some local governing bodies may require approximately 50 days prior notice. If the application is approved by the local authority, and the event meets the requirements for granting the license, the Director will issue a special event license to the qualifying organization. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special event liquor sales. A person selling spirituous liquor under a special event license must purchase the spirituous liquor from the holder of a license authorized to sell off -sale; except that, in the case of a non- profit organization which has obtained a special event license for the purpose of charitable fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation. AVERAGE APPROVAL TIME: one (1) to seven (7) days. PERIOD OF ISSUANCE: Issued for no more than a cumulative total of ten (1 U) days in a calendar year. A special event may be held for more than one (1) day, but it must be held on consecutive days and at the same location or additional licenses will be required. FEES: $25.00 per day. ARIZONA STATUTES AND REGULATIONS: ARS 4- 283w02 4 -244 4 -261; Rule R19 -1-228, R19 -1 -235 R19-1-309m Disabled Individuals requiring special accommodations please call (002) 542 -9027 Marana Regular Council Meeting 02/16/2016 Page 102 of 141 N O 0 / m - tn. A k 4 0 Council - Regular Meeting L2 Meeting Date: 02/16/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: February 16, 2016 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Thomas James Donohue on behalf of the American Diabetes Association for the 2016 Tour de Cure event to be held on April 17, 2016 (Jocelyn C. Bronson) Discussion: This application is for a special event liquor license on behalf of the American Diabetes Association for the 2016 Tour de Cure to be held on April 17, 2016. The applicant has also obtained a special event permit from the town, pursuant to Chapter 10 -6 of the Marana Town Code. A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. Marana Regular Council Meeting 02/16/2016 Page 103 of 141 If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Thomas James Donohue on behalf of the American Diabetes Association for the 2016 Tour de Cure event to be held on April 17, 2016. OPTION 2: I move to disapprove the special event liquor license application submitted by Thomas James Donohue on behalf of the American Diabetes Association for the 2016 Tour de Cure event to be held on April 17, 2016. Attachments Redacted Harley Davidson Application Series Description Special Event Liquor License Marana Regular Council Meeting 02/16/2016 Page 104 of 141 USE ONLY Vend: IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (1 Q) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: American Diabetes Association SECTION 2 Non - Profit /IRS Tax Exempt Number: 13-162388 SECTION 3 The organization is a: (check one box only) [RIC haritable[:]Fraternal (must have regular membership and have been in existence for over five (5) years) OReligious Civic (Rotary, College Scholarship) [:]Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises ?[]Yes E]No Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read 8-19 - 318 for explanation (look in special event planning guide) and check one of the following boxes. ❑ Place license in non -use ❑Dispense and serve all spirituous liquors under retailer's license ® Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (ff not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. l'f the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION b What is the purpose of this event? ®on -site consumption ❑off -site (auction) ❑Both SECTION 7 Location of the Event Harley Davidson of Tucson Address of Location 7355 N 1-10 E Frontage Rd , Tucson Pima AZ 85743 Street CRY COUNTY State Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes ®No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an officer, Director or Chairperson of the organization named in Section 1. (Authorizing signature is required in Section 1 3.) 1. App li cant: ant: Donohue Thomas James Last First Middle Date of Birth 2. Applicant mailing address: 5333 N 7th Street B -212 , Phoenix AZ 85014 Sheet City State Zip 3. Applicant's home /cell phon�• I• _Applicant's business phone: (602) $61 -4731 ext 7097 4. Applicant's email address: 8/13/2015 Marana Regular Council Meeting 02/16/2016 Page i of 4 Page 105 of 141 Individuals requiring ADA accommodations call (602)542 -9427. C Cf"T1^k1 1A 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? [::]Yes [E]No (If yes, attach explanation.) v n issued to this location this 2. Haw many special event Incenses have been ear? 0 y (The number cannot exceed 12 events per year; exceptions under A.R.S. §4- 203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? [Yes 2INo (if yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name American Diabetes Association Percentage: 100 Address 3400 B Speedway Blvd #108 Tucson AZ 85710 Street city State Zip Name Address Day of week Street City State Zip 5. Please read A.R.S. § 4-203.02 Special event license rules and R 19-1-205 Requirements for a S ecial Event License, Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police /security personnel and type of fencing or control barriers, if applicable.) 2 Number of Police 2 Number of Security Personnel ]Fencing 013arriers Explanation: Beer Garden - Fenced Beer Garden only 21 yr old allowed into fenced area. All persons must show State I.D. to enter Beer Garden. No beer outside fenced area. SECTION 1 I Date(s) and Hours of Event. May not exceed 10 consecutive days. See A.R.S. § 4 -244( 15) and (17) for legal hours of service. Date DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: DAY 1: 4 -17 -2016 Sunday Percentage: Event Start Time AM/PM 10:00am (1000) License End Time AM /PM 2:00pm (1400) 8/13/2015 Marana Regular Council Meetingg 02/166/2016. Page 2 of 4 Page 106 of 141 In v,duals requiring ADA accommodations call {602 }542 -9027. 0 4(S* I v W W 0 0 CD CD cn 0 Parking Vendor / Parking 1 +:- U� 4f � t 0 Parking Lot 4� � $�-DA W Ina Rd Pink Booths Require Siding 248 1 J T -Shirt booth doubles as Gourmet Girls & Tyler's Coffee booths o d � � �N ti� a� 0 iz Ln u Restrooms ( Hand vvish statioms (1) I Cyclists Line Up for Tour Parking C== �(D s 0 0 1 Cr 0 0 r+ Ranch O Seatin 4 ( 10x10 Vendor Village 10x10 tents HAM Radio 26' Van ❑ Food � i J Dirt Lot (overflow parking) Volunteer Parking to free up space Harley parking only In front of dealership REVISED 1 - 13 - 16 Q M ZT (D -0 (D D CD Ll Z CD g r- 3 (5cDn Q o (D (D L01 3 L-10 % p CD Ln Q o Q CL ---i Ln C `� °• Q CD p CD C 3 L (D --� Q D7 o• cQ CD � (D C (D Qs � 3 CD L/-n�� -0 G L0L' Q o a Ln U (D00 o a :E C - 0 Q �. Q 3 • ( D CD Ln' 0 Ln CQ . CD+ a � Q Ln Q Ln --h CD CD • 0 d - C CD Q Q C - L � n' C 0 Q _ CAD Q Q -% N . D Q Q �(D Bike Ranch M '� r� T Shirts (2) 10x10 a. ti r� x CU a- I 20x20 2O X20 I I I laa I I I I Stage I , 16x2[ 20x24 23x24 I j I � Dirt Lot (overflow parking) Volunteer Parking to free up space Harley parking only In front of dealership REVISED 1 - 13 - 16 Q M ZT (D -0 (D D CD Ll Z CD g r- 3 (5cDn Q o (D (D L01 3 L-10 % p CD Ln Q o Q CL ---i Ln C `� °• Q CD p CD C 3 L (D --� Q D7 o• cQ CD � (D C (D Qs � 3 CD L/-n�� -0 G L0L' Q o a Ln U (D00 o a :E C - 0 Q �. Q 3 • ( D CD Ln' 0 Ln CQ . CD+ a � Q Ln Q Ln --h CD CD • 0 d - C CD Q Q C - L � n' C 0 Q _ CAD Q Q -% N . D Q SECTION 13 To be completed onl b an Officer, Director or Chairperson of the or named in Section 1. 1, Thomas Donohue declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON appointin the Li Licence ( Si g nature ) "Print Full Name) k - an in Section 9, to appl on behalf of the fore or for a Special Event 4 4 WD /-/,5-/6 Title/ P/sition Date Phone # it �, ICA- UNA" r ,=C7_oun 9 AININXIS Ah*op; cow" -I- A P, :knowled before me this Da Month Year of bate' Sign6DU e of Notar PublicO SECTION 14 This section is to be completed onl b the applicant named in Section 9. Thomas Donohue declare that I am the APPLICANT filin this application as { Print F Prinl I listed in Sec * n 9 re d the : application and the contents and all statements are true, correct and compl X � Z (Si g nature) Title/ P0 ition Date Phone # The foregoin instrument was acknowled b efore me this 2u , _2)14� -_ d Day y Month Year State Count o &tC&-0dL 0 MARIA SALAIZOV LCEZ 1 W82 M Commission Expires o 01 Z011A r QADAte Si Notar maricops Cou %1 61,2019 R015W Please contact the local g overnin g board for additional application re and sub P licensin fees ma also be re before approval ma be g ranted. For more information, please contact y our local jurisdiction: http•./ ww.azli docs/spec event links.pdf. SECTION 15 Local Governin Bod Approval Section 1, - recommend ❑APPROVAL 1:1 DISAPPROVAL (Government Official) (Title) on behalf of ( Cit y , Town, Count Si Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter; proh*lbited a-gencv action; pro ibited acts by state emplo enforcement; notice B. An a shall not base a licensin decision in whole or in part on a licensin re or condition that is not specificall authorized b statute, rule or state tribal g amin g compact. A g eneral g rant of authorit in statute does not constitute a basis for imposin a licensin re or condition unless a rule is made pursuant to that g eneral g rant of authorit that specificall authorizes the re or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 8/13/20 Marana Re Council Meetin 02/16/2016 Pa 4 of 4 Pa 108 of 141 Individuals re ADA accommodations call (602)542-9027. z W W W P t11111iil III II ill lltrn� ", #!!31111 "l�ililiilitii €.� n isr E-7 [•T•7 I its RrIal l a F. 01avi Mann $2,600 &nn Sears $2,000 avid R Montijo 51,755 Qiichael Burkholder, RN $1,451 c_gherri Garrett S1.441 cKelsey Lewis $1,254 William Ford $1,219 Randy Aronson $1,130 Debbie Briles $1,104 Penny Higdon $1,035 Sonoita Pedalers $6,269 Nuclear Ballocaust $3,812 SAVAHCS -VAEA $3,64.7 Prickly Pears $2,881 Team Red Tucson $2,502 PTE $2,447 ASU Outdoors Club 52,312 RainLovers $2,000 The Damion Alexander Team $1,952 Alaskans Ride $1,586 Special Thanks To: The Tour de Cure Committee. volunteers, riders and sponsors who make the Tucson ride a successful and memorable event.. Thank you for sup^ortinq the research and mission delivery of the Association in our local community. Diabetes can lead to blindness, heart disease, stroke, kidney failure and amputations. Know the warning signs of diabetes, since many people have it without knowing it. Common signs of diabetes are extreme thirst, frequent urination, blurry vision, and tingling in Vhe feet. For more information, call 1- 800 - DIABETES Mor visit diabetes.org. To take the Diabetes Risk Test ¢ online visit diabetes.org/risktest cc O (0 0 a L • y � ` Aim J d, CU_f T ourdeCure A•American Diabetes Association. Sunday, April 17, 2015 Tucson Harley Davidson Tucson, AZ Presented by DESERT DUMOND a CASINGS & 'ENTERTAINMENTS ROUTE: CHECK -IN: START: 100K 6:45 AM 7:30 AM 50K 7:00 AM 7:45 AM 10K 8:00 AM 8:34 AM START /FINISH: Tucson Harley Davidson EVENT DESCRIPTION: Showcasing the splendor of the Sonoran Desert in bloom, the Tucson Tour de Cure offers cyclists the opportunity to experience the beauty of the Southwest in spring. Riders of all abilities may choose their route —from a family - friendly 10K to a challenging 100K (Metric Century) route, all designed by experienced cyclists to offer safe and scenic rides in the natural landscape of the desert Southwest. All routes are fully supported with well- stocked rest stops and SAG (Support and Gear) vehicles. Their main purpose is to patrol the route and assist the riders. In addition, they will lead the way in order to slow down any approaching vehicles and bring up the rear to make the pack of cyclists more visible to motorists. Riders return to a party, beer garden, full lunch and entertainment at the finish line at Tucson Harley Davidson. So join us as we celebrate 25 years riding strong' Come take the Ride of Your Life and sign up today. RAISE THE MINIMUM 1 -2-3? 1. Register at diabetes.org /tour - there's a personal page created For you'. 2. Update your page with your own words and photo or leave as - Es. 3. Send emails to Friends. Family & co- workers. Watch the donations come in: t r A11AMIRKI The Tour de Cure is an extraordinary opportunity to inspire others. Start a team with friends, family and coworkers. We provide lots of support and extra incentives for Team Captains! NANKIN Raise $SOO to Each rider who raises the required receive the 2016 5200 minimum to fund diabetes research, commemorative education and advocacy, will receive the jersey! 2015 Tour de Cure T-shirt. Raise $250 or more and receive your choice of thank you gifts including cycling gear and apparel, electronics and more' Visit diabetes.org /tour to see all of the levels and gifts. Level Z $25 04349 25th Anniversary Commemorative Gift, Bluetooth, Backpack and more! Leve14 $500 -$749 Tour de Cure Jersey or Tour de Cure Bike Shorts and more! Level $1000- $7,499 Tour de Cure Full Champions Cycling Kit and more! Level 8 $2,SOO- $3,499 25th Anniversary Commemorative Gift Choices, Sony Home Theater System RE GJ j Early Registration Fee ................... (until April 1) $15 Day of Event Registration Fee ..... $25 Fundraising minimum ....................$200 Online Registration ...................... ........diabetes.org /tucsontour Register by Phone ........ ..................888 - DIABETES (Ext. 7112) All cyclists must turn in a minimum of $200 in addition to the registration fee to participate. Registration fee does not count toward fundraising minimum. Registration Fee is non-refundable and non- transferable. VOGNIIING RED RIDERS Riders with type 1 or type 2 diabetes receive a Red Rider jersey to wear proudly at the event.' We want to celebrate you? 'with fundraising minimum SERIES: 15 SPECIAL EVENT LICENSE (Temporary) Non- transferable On -sale retail privileges Di I101011ecm Allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold, and only for the period authorized on the license. This is a temporary license. ADDITIONAL RIGHTS AND RESPONSIBILITIES: The applicant for a special event license must request a special event application from the Department and file the application with the governing body of the city or town, or Board of Supervisors of an unincorporated area of a county (where the special event is to take place) for approval or disapproval. Some local governing bodies may require approximately 50 days prior notice. If the application is approved by the local authority, and the event meets the requirements for granting the license, the Director will issue a special event license to the qualifying organization. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special event liquor sales. A person selling spirituous liquor under a special event license must purchase the spirituous liquor from the holder of a license authorized to sell off -sale; except that, in the case of a non- profit organization which has obtained a special event license for the purpose of charitable fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation. AVERAGE APPROVAL TIME: one (1) to seven (7) days. PERIOD OF ISSUANCE: Issued for no more than a cumulative total of ten (1 U) days in a calendar year. A special event may be held for more than one (1) day, but it must be held on consecutive days and at the same location or additional licenses will be required. FEES: $25.00 per day. ARIZONA STATUTES AND REGULATIONS: ARS 4- 283w02 4 -244 4 -261; Rule R19 -1-228, R19 -1 -235 R19-1-309m Disabled Individuals requiring special accommodations please call (002) 542 -9027 Marana Regular Council Meeting 02/16/2016 Page 110 of 141 N O 0 / m - tn. A k 4 0 Council - Regular Meeting B1 Meeting Date: 02/16/2016 To: Mayor and Council From: Jocelyn C. Bronson, Town Clerk Date: February 16, 2016 Strategic Plan Focus Area: Community Subject: Resolution No. 2016 -018: Relating to Boards, Commissions and Committees: making appointments to the Town of Marana Board of Adjustment (Jocelyn C. Bronson) Discussion: On February 2, 2016, the Council Committee for Planning Commission and Board of Adjustment Appointments met to consider four applications for three seats on the Board of Adjustment which are set to expire February 28, 2016. Three of the applicants are currently sitting on the Board and are requesting re- appointment. Proper notice of the meeting and notification to each of the applicants was given. Council Member McGorray, chair of the Council Committee for Planning Commission and Board of Adjustment Appointments, will present the Council Committee's recommendation to Council at tonight's meeting. Staff Recommendation: Council's pleasure. Suggested Motion: I move to adopt Resolution No. 2016 -018; appointing and to the Marana Board of Adjustment, 2020. Attachments with terms expiring February 28, Marana Regular Council Meeting 02/16/2016 Page 111 of 141 Resolution No. 2016 -018 Ritz request Ritz orig application Hatcher request Hatcher orig application Palazzolo request Palazzolo orig application Kennedy request Marana Regular Council Meeting 02/16/2016 Page 112 of 141 MARANA RESOLUTION NO. 2016-018 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES: MAKING APPOINTMENTS TO THE TOWN OF MARANA BOARD OF ADJUSTMENT WHEREAS Marana Resolution No. 2013 -020 established a Council Committee for Planning Commission and Board of Adjustment Appointments, and authorized the Committee to receive and review applications and interview prospective Board of Adjustment members and to make recommendations relating to the applicants to the full Town Council for consideration and possible action; and WHEREAS the terms of three members of the Board of Adjustment will expire on February 28, 2016; and WHEREAS the Council Committee for Planning Commission and Board of Adjustment Appointments has reviewed applications for the impending vacancies on the Board of Adjustment and has made its recommendations to the full Council; and WHEREAS Marana Town Code Section 2 -6 -3 establishes four -year terms for members of all standing boards, commissions and committees of the Town; and WHEREAS the Mayor and Council find that the appointments addressed by this resolution are in the best interest of the town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, appointing , and to the Marana Board of Adjustment effective February 29, 2016, with terms expiring February 28, 2020. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of February, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2016 -018 Marana Regular Council Meeting 02/16/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 113 of 141 BOARD of A D JU STMENT TERM MA .,A TOWN OF MARANA E PIRA TION OF BOARD OF A DJUS TMEN T TERM Mayor and Town Council, On February 29, 2016 nay term will expire on the Board of Adjustment. 0 I am requesting reappointment for another term. I do not wish to be reappointed to another term. Sincerely, Michael Ritz �1-64 0 Signature Da te Cc: Town Clerk 11555 W. Civic Center Drive Marana, Arizona 85653 520- 382 -1900 `` www.maranaar.gov Marana Regular Council Meeting 02/16/2016 Page 114 of 141 Citizen Advisory Commission Application The citizen advisory commissions (CACs) were established to provide meaningful, timely and effective public Participation, essential to successfully implementing Town of Marana policies, programs and projects. A CAC is a tool that the Town uses to involve Citizens, and/or project partners more directly in planning. program development and decision making. CRCs may be formed for geographic or program areas, or to evaluate proposals for specific issues. If you are Interested in serving on a CAC please. complete this application, The Town will use this information when considering appointments to CACs. Please note that the rown's policy is to not share personal contact information when requested by private or public entities. However, this application is a public document and may be subject to public disclosure if requested under the Arizona Public Records Law. In the past, the Town has received requests for lists of active committee members, including requests from media sources and political officials. e Michael Rid . ...... . . ... ..... . First Nam .. ... . Last, Name. Mailing Address . . .. Marana AZ 85658. City. state Zip Email Address: Phone — Day . ................ Phone Home.:: -... 2 2 How many years have you been at this address Haw many years have you lived in Marana? , Retired Not Applicable acu parlor ";Employer ..... .. Board of Adjustment Commission I am interested in serving on the..:.:. - I am Interested In serving on a commission for projects CJArts R Neighborhood Revitalization W Budget Wity Center Development 13 Housing W orate r 01 am currently, or have previously served on a CAC Committee/Commission: Cony mitteef Commission:.. related to: ®business Districts R Economic Development /jobs Warks, Trails, and Recreation Dates: Cates: 91 am currently, or have previously served on a board, committee, or commission of another public or private organization Comrnittee Commission: Tucson Festival of Books, Ven, , 2010-2011 Dates., Marana Regular Council Meeting 02/16/2016 Page 115 of 141 Describe your qualifications for serving on a CAC: a restdont. of Dove MQuntaln I have been the Financial M a na g er of the Dos Lagos Home onrs ; Executive- A4Wser y ,PounGli. (HEAC) for the past 8 months.. My 32, year Career in the computer industry inc#uded director lave -I- ,positions w�ttr budgets.exeee�i�ng $3 Up. to My wife and,l have Iived in 5 states pa�ficnpatln� in local ovemmenta and neigh�arhood groins,. Describe any other personal involvement in local community activities (e.g. civic club, service or fraternal organization, professional association, volunteer, etc. Tucson Festival of woks, Co -Chair of Venues Susan . i art Volunteer .& Fund Raiser . Friends of:the...lrorrcoo. Forest o u.n ear g g, Dove Mountain Homeowner lwxecutivedvlsor ouncii_.HF.�'As La va Fina€c a ana fir. .: .; ...- . -. Marana strives to establish commissions that reflect a variety of stakeholder interests and community diversity. Check all that apply RHomeowner in Marana ❑Renter in Marana 59 Property Owner in Marana ❑ Business owner in Marana ❑Work in Marana C3 Parent /guardian for school -aged children 0Other ways you can contribute to the diversity of a group .$e :a.�Ey ?�ct�Ve within .the cvrnn�_�n t ; and,; ; hi ghjy j n!eM te d : . n - b!t ng,,traiis an associeited support fadi lities. .6410. k9ly lii .1 What is your normal availability /preference for attending meetings? Day of week: ClMonday WTues ❑Wednesday []Thursday ElFriday ❑Saturday Time of Day: ❑Morning RAfternoon 0 Evening Hours per month: 01 -2 52 -4 . 0 4 -6 0 6 -10 Duration of Service: ❑ 6 month Ca I year 02 years ®2+ years Marana Regular Council Meeting 02/16/2016 Page 116 of 141 References: List two people who know about your qualifications and interest.; Address . Day Phone IMPORTANT LEGAL INFORMATION AND REQUIREMENTS FOR COMMISSION MEMBERS Anyone appointed to a committee by the Town of Marana Is a "Public Official" per Arizona law and a "CAC Official per the CAC Guide to Citizen Advisory Commissions; and is obligated to adhere to related standards of conduct and ethics. In particular, the Town of Marana needs to be aware of any actual or potential conflict of interest that could occur if you are appointed to a CAC. List any financial or ownership Interest that you have or a relative has that will create a conflict of Interest for you. This Includes anything that you or a relative own or have a substantial financial stake in. There are several kinds of remote Interests that do not create a conflict of interest and do not need to be Included. For example, It is not a conflict of interest to participate In a decision about a corporation you or a relative own stock in, as long as your and /or your relatives own less than 3% of the shares of the corporation and get less than 5% of your and/or your relative's total annual Income from it. it is also generally not a conflict of interest to participate In decision about nonprofit corporations you volunteer for, a government entity you or a relative work for, your tenant or landlord, or a class of people that Includes you. A relative includes your spouse, child, grandchild, parent, grandparent, sibling, their spouses, and your spouse's parent, sibling or child, If you have any questions about whether you or a relative have a financial or ownership interest that should be listed, please contact the Town clerk or the Town Attorney. ;.. Name of, usiness Person,with.interest 'ype of Interest Not Applicable Have any of the above businesses conducted any business (e.g. supplier of goods or services, contractor, consultant) with the Town of Marana in the past 24 months: W No Oyes. Explain Marana Regular Council Meeting 02/16/2016 Page 117 of 141 Are you, a relative, or any member of your household an employee of the Town of Marana? RNo OYes. Explain List by name any compensated lobbyist with whom you, a relative, or a member of your household shares any direct economic interest such as a partnership, joint venture or similar business relationship. Not Ap llcatble+ I affirm that all of the information contained In this application is true to the best of my knowledge, and that I understand that any misstatement of fact or misrepresentation of credentials may result In this application being disqualified from further consideration. I also agree to abide by the Town's Code of Conduct and notify the Marana Town Clerk of any changes to this information. Mloha.l 60 -- e.t Signature Date Marana Regular Council Meeting 02/16/2016 Page 118 of 141 MICHAEL Jf RITZ Marana, A2 $5658 SDNIMARY v of p ositions in Executive management experience with consistent achievements across a wide va y P the finance, telecom, manufacturing, and computer software industries. Experience building new organizations, developing personnel, and leading teams to exceed goals while operating within strick cost controls. Skillful at problem solving, project management, and use of technological tools. Areas of expertise include: *o Profit and Loss Business Management •'; Budget Development and Management Contract Negotiation ��• Product and Program Management •`* Strategic Alliance Management •'* sales and Sales Management 9K 2006-2010 QU EST SO ARE CORPORA 200E - 2010 Strategic Alliance Manager for Microsoft: Managed worldwide team, negotiated 10 alliance contracts across 4 product lines leveraging $450 million In sales. 2004-2006 AELITA SoFT`WARE::CQRP Tl0 2004-2006 Director of Microsoft Strategic Alliance Managed contracts for confidential API's. 2002 LAR SOFTWARE CORPORATI 2000— 2004 Bu siness Development Manager: Coordinated confidential relations between e- Commerce development tearns. 1998 2000 COMPAQ COMPUTER Co RATI N 1399 —2000 Windows NT Business operations Manager: Implemented $900K in annual cost savings. 1998-1999 Director Windows NT Product Mgmt: Delivered $50 million In annual Alpha 56C sales. 197 — 19.9 QffiffiA EWIPMENT C RPQRAT1Qh .. 1997-1998 Director Windows NT Product Management: Met product req's for $44 million sales. 1996-1997 Director Windows NT ISV Strategic Relation: Led team to recruit 51 iSV's on Alpha NT. 1993-1996 Director Alpha OEM Technologies Group: Led team of 4 BDIVI's and 25 sales WW to deliver $32 million In annual revenue at a gross margin of 50'6, 1991 -1993 US Channels Desktop Account Croup Manager: Grew annual business from $165 to $300 million and expanded team to 55 reps. 1987-1991 South Central Area Worksystems Sales Manager: Increased sales 1162% in 3 years. ED TI Investment in Excellence (certified Facilitator) Ensuring Successful Partnerships Corporate Financial Datasheets Lessons In Leadership by Tom Peters Advanced Communications Skills Workshop Interviewing Skills Marana Regular Council Meeting 02/16/2016 Page 119 of 141 BOARD of ADJUSTMENT TERM low 7 �i.r. •ww.r kauovn� �u� »fa -.:.:: - . - ..-- ...- :.:,:ar •v.!.+ .:. _._�._ _ _ __ _ - - - _ . �vvnw.w....u:Frnau:' .... :.:�: a�s.:.: .. .. :. h. r:.:.-. w.... ..- ..- .).•+.:ww�•n.rvvfw.N +N+++: 1:1NN� ::�:`: riV�v %riJYSS1Tia >Y1i�,l:Tri »fw vwrXNnv :::::`.�.`: �'.`.- �.::'- -:•r =•- .� ---�- fNH�epalh :N]sv�ww.vmnaaw:.wlmta:Vr:ii: 4rrrHrrrvi.J+•v}S}.):i•iY. ass'• sT lfN•fww•v.��v.m:w.:w.v.vm.vmv '-0v %i•}s.: of ::sa.:v- f.:waTa+W:.YNNCa`�HA•w A. . TO OF MA EXPIRATION OF BOARD OF ADJUSTMENT TERM Mayor and Town Council, On February 29, 2016 my term will expire on the Board of Adjustment* i am requesting reappointment for another term. [J I do not wish to be reappointed to another term. Sincerely, Marren Hatcher Signa Dote Cc: Town Clerk 11555 W. Civic Center Drive .:> Marana, Arizona 85653 520 - 382 -1900 www.maranaaz.gov Marana Regular Council Meeting 02/16/2016 Page 120 of 141 uci i _ _ ':ns'uG3' �''Q 1n:aite"'ea•:�d:ra m � "' es s� 3 e -:f s k 1 :fob` s 3 Town of Marana. The board consists of. 2 Council Membersand and 3. citizen members ... ................ ............. .... .............. . for 4-years, who. reside within the town limits. Th as -nee ... ........... .......... e oa rd meets on as- tied ba s us. Terms are APPLICANTS MgST BE ABLE To COMMIT TO. PREPARE FOR AND ATTEND- .SC_HED:ULED- MEETI:N�� is app ication must be accompanied by a resume and any supporting document you bel[eve might be relevant to the Council making a determination as to the a ro R riateness of the candidate. The Town will use this information when considering appointments. Please note that the Town's W requested b private of public entities. However, this appllcatfon is a public CD policy is not to share ersonal contact informatti document and may be sub ect to the ublic discioscrr i on when A e f requested ender the Arizona public Records Please upload your resume here. Please upload any other document here. n Resumes Career and Education Qverview Warren Hatcher 2D14.pdf 0 First Name* Warren 0. Last Name* Hatcher Z Email Address* CD Mailing Address's Street Address* o city N S tate Marano N Zip* Arizona 85 ?43 CD How many years have you lived at this address ?* '15 years How many years have you lived in Marana?* 15 years Phone (Day)* Phone (Cell or Home)* Occupation* Employer* Refired Engineer /Program Mgr ItLlhat is your vision far the Town ?* Raytheon Continue the excellence in planning and managing growth to su ort a hi h ualit of life f pp g q y yr residents, business owners, employees and visitors. Continue to balance residential and What are some of the most important concerns or issues that you think the Town commercial growth with our Town heritage and the unique environment. Continue to attract successful businesses and light industry and new residents. Mana rowth to 9 a 9 will have to face in the next 5 to 1 fl years? preserve the quality of life and keep the town an attractive place to live and work. What do you see as the Town's best asset to bring visitors and new residents to Location astride 1.10 and professionalism in planning for growth and in Town overnment. mana g g g the Town?* Please explain your professional background.* 44 years with RaytheonfTexas Instruments as engineer, program manager, and Six Si g ma Practitioner. Owned and managed residential rental property. Own and operate over 1000 acres Describe your experience in working with a Council - Appointed Board or of farm land in another state. Currently member of the Marana Board of Adjustment. Commission.* Describe a time when you had to stand firm and make a tough or unpopular Budgeting and technical decisions over 40 years of design and management of complex decision.* If you are appointed by the Council, you will be representing all of the Town of aerospace electronic equipment. vile all benefit from a balanced and healthy community throughout the entire town. The Land Marana in your decisions. Describe how you will maintain your objectivity in Development Code and the Marana General Plan give us the guidance to make decisions that are making decisions for locations other than your own residence.* in the best interest of a citizens. REFERENCES. List two people who know about your qualifications and interest. Name* David Bowen Address* v Relationship* personal friend Day Phone* Name* Don S angler Address* ° Relationships" IL ersonal friend Day Phone* 2 IMPORTANT LEGAL INFORMATION AND REQUIREMENTS FOR BOARD AND COMMISSION MEMBERS Anyone appointed to a Commission or Board by the Town Council is a " Official" per Arizona law and .is obligated to adhere to related standards of conduct and ethics. In particular, the Town of Marana needs to be aware of any actual or potential conflict of interest that could occur if you are appointed to the Planning Commission or Board of Adjustment or Public Safety Personnel Retirement System List any financial or ownership interest you have or a relative has that will create a conflict of interest for you. This includes anything that you or a relative own or Yt 9 Y have a substantial financial stake in. There are several kinds of remote interests that do not create a conflict of interest and do not need to be inc included. For example, it is not a conflict of interest to participate in a decision about a corporation you or a relative own stock in, as long as you and/or your relatives own less than 3% of the shares of the corporation and et less than 5% of your and/or your relafive's total annual income from it, It is also generally not a conflict of interest to participate in decisions about nonprofit corporations you volunteer for, a government entity you or a relative work for, your tenant or landlord, or a class of people that includes you. A relative includes your spouse, child, parent, grandparent, sibling, their spouses, and your spouses parent, sibling or child. If you have questions about whether you or a relative have a financial or ownership interest that should be listed, please contact the Town Clerk or the Town Attorney. Name of Business None Person with Interest _ Type of Interest Ad di tibn al Information Have any of the above businesses conducted any business (e.g., supplier of [X] No ] Yes goods or services, contractor, consultant) with the Town of Marana in the past 24 months? If yes, explain: Are you, a relative, or any member of your household an employee of the Town [X] No [ j Yes of Marana ?* If yes, explain: List by name any compensated lobbyist with whom you, or a relative, or a None member of your household shares any direct economic interest such as a partnership, joint venture or similar business relationship. I affirm that all of the information contained in. this applieeon Is true , to the best of my knowledge, and that I understand that any misstatement of fact or misrepresentation of credentials may result i n this application being disqualified from further consideration. I also agree to abide by the Town's Code of Conduct and notify the Marana Town Clerk of any changes to this information. Electronic Signature* Warren Hatcher Date* 1121/2015 i -o [rates required field -s View any uploaded files by .. n.ng_in and than proceeding to the link below: .. The following farm was submitted via your website: Commission or Board Member Application W Please check the appropriate box: to This application is for the : Planning Commission N N O Please upload your resume here.: Resume Career and Education Overview warren Hatcher 2014.pdf Please upload any other document here.: z First Name: warren W I W W Last Name: Hatcher U Emai Address: 0 0 Mailing Addrecc- 0 Street Address: 0 N 0') City. Mar ana. N O State: Arizona Zip: 85743 How many years have you lived at this address?: 15 years How many years have you lived in Maran.a?: 15 years Phone (Day): Phone (Cell or Horne): 1101100M Occupation: Retired Engineer /Program Mgr Employer: Raytheon What is your vision for the Town?: Continue the excellence in planning and managing growth to s u p port a high quality of life for residents bus pp g � �' ss owners, employees and visitors. Continue to balance residential and commercial growth with our Town heritage and the unique environment. g �. W what are some of the most important concerns or issues that you think the Town will have to face in the next 5 to 1 o y ears?: Continue to attract successful businesses and light industry and new residents. w Manage growth to preserve the quality of life and keep the town an attractive P lace to live and work. What do you see as the Town's best asset to brie visitors and n r Town?: . g new r esidents to the Town .. Location a stride I -1 o and profess �n planning for 4 growth and managing Town government. Please explain your professional background.: 44 years with Raytheon/Texas Instruments as engineer, progra . . g � p g azn rn.anager, and Six Sigm g�na Pract�t�oner. Owned and managed residential rental property. Own and operate over 1000 acres of farm land in another state. Describe your experience in working with a Council- Appointed Board or Commission.: Currently mber of the �' Marana Board of Adjustment. Describe a time when you had to stand firm, and make a tough or unpopular decision.: Budgeting' and technical decisions over 40 years of design and management of complex aerospace electronic equipment. If you are appointed by the Council, you will be representing all of the Town of Marana in our decisions. Describe . . . y robe how yo u will r�.a�nta�n yo objectivity in making decisions for locations other than your own residence,: we all benefit from a balanced and . healthy community throughout the entire town. The Land Development Code and the Marana General flan give us the guidance to make decisions that . . g � at are �n the best interest of all citizens. Marne: David Bowen Address: Relationship: personal friend Day Phone:*Mmp� Marne: Don Spangler Address: Relationship: personal friend Day Phone: Name of Business: Done Person with Interest: Type of Interest: 0 Additional Information.- Have any of the above businesses conducted any business (e.g., su lier of gods or servic . past 24 months ?: Igo pp g es, contractor, consultant] with the Tam. of Parana �n the If yes, explain% Are you, a relative, or any member of your household an employee of the Town of Marana ?: No If yes, explain :: List by name any compensated lobbyist with whom you., or a relative or a member of. our 3 y household shares any direct economic interest such as a partnership, joint venture or similar business relationship.: None Electronic Signature: Warren Hatcher Date: 1/21/2015 v N O 6 Terri B ler To: Robert Palazzolo Subject: RE: Expiration of Board Term From: Robert Palazzolo [rnaIIto:ro ppy7ft mail.com Sent: Tuesday, January 26, 2016 10:33 AM To: Terri Byler Subject: Re: Expiration of Board Term Yes and t nailed it back with yes I want to continue Robert Palazzolo On Monday, January 25, 201.6, Terri B yl er < Lbyle r maranaaz. orr> wrote Dr. Palazzolo, Your Board of Adjustment term is expiring at the end of February. # am checking to see if you received the request for reappointment form that was mailed to you last week. Please let me know if you are interested in reappointment for another term. Thank you, Terri Executive Assistant. Town of Marana Development Services 520 - 382 -2655 tbyler@maranaaz.gov To ensure compliance with the Open Meeting Law, I Marana Regular Council Meeting 02/16/2016 Page 126 of 141 Citizen Advisory Commission Application The citizen advisory commissions (CRCs) were established to provide meaningful, timely and effective public participation, essential to successfully implementing Town of Marana policies, program and projects. The Town will use this Information when considering appointments to CACs. A CAC is a toot that the Town uses to involve citizens, and /or project partners more directly in planning, program development and decision making. CACs may be formed for geographic or program areas, or to evaluate proposals for specific issues. If you are interested in serving on a CAC, please complete this application. Please note that the Town's policy is to not share personal contact Information when requested by private or public entities. However, this application is a public document and may be subject to public disclosure if requested under the Arizona Public Records Law. In the past, the Town has received requests for lists of active committee members, Including requests from media sources and political officials. First Name* Robert Last Name* Palazzolo Email Address* Mailing Address* ir City Marana State Arizona Zip* 85658 How many years have you lived at this address ?* 5 How many years have you lived in Marana ?* 8 Phone - Day* Phone w Home* Occupation* Psychologist -- Retired Employer* Retired I am interested in serving on the* [Board of Adjustment A I am interested in serving on a commission for projects related to ] Cat `::a elpment C j Budget [XI Ne 0fii b R eital izatlon [ j Arts [Xj US he :0 t , [Xj Housing [Xj i ; , ment/Jobs [ j Water [ Parks, Trails, and Recreation I am currently, or have previously served on a Marana CAC* [ Yes [x] No Committee /Commission Dates am currently, or have previously served on a board, committee, or commission of another public or private organization* [XI Yes No Committee HEAC for Dates 2008 H CA of to Canyon Pass 2007 Describe your qualifications for serving on a CAC:* I have served on boards before and I feel that my education and ability to work with people Marana Regular Council Meeting 02/16/2016 Page 127 of 141 will be an asser. I have an extensive background in psychology which I know will be an asset when working with residents and town officials. Why are you interested In serving on a CAC ?* To help to keep Marana as great as it is now. To also make the town even better then it is at the present. Describe any other personal involvement in local community I am member of the Dove Mountain Rotary activities (e.g., civic club, service or fraternal organization, and various psychological organizations. professional association, volunteer, etc.) * Marana strives to establish con community diversity. Check all that apply: [X] Homeowner in Marana [ ] Renter in Marana [X] Property owner in Marana emissions that reflect a variety of stakeholder interests and Business owner in Marana Work in Marana [ Parent/guardian for school -aged children Other ways you can contribute to the diversity of a group? I am a team member and my background will help the group What is your normal availability / preference for attending meetings? Day of Week [X] Monday ` ] Friday [X] Tuesday Saturday [X] Wednesday Sunday [X] Thursday Time of Day [X] Moming [X] Evening [X] Afternoon Hours per Month [ ] 24 : 510 Duration of Service [ ] 6 Month [ ] 2 Year [ ] 'I Year [X] 2+ Years A References: List two peple who know about your qualifications and interest Marne* John McIntire Address* Relationship* Friend Day Phone* Name's Address's Relationship" Day Phone* Alan Elwess Friend IMPORTANT LEGAL INFORMATION AND REQUIREMENTS FOR COMMISSION MEMBERS Marana Regular Council Meeting 02/16/2016 Page 128 of 141 Anyone appointed to a committee by the Town of Marana is a "Public Official" per Arizona law and a "CAC Official" per the CAC Guide to Citizen Advisory Commissions; and Is obligated to adhere to related standards of conduct and ethics. In particular, the Town of Marana needs to be aware of any actual or potential conflict of interest that could occur if you are appointed to a CAC. List any financial or ownership interest that you have or a relative has that will create a conflict of interest for you. This includes anything that you or a relative own or have a substantial financial stake in. There are several kinds of remote interests that do not create a conflict of interest and do not need to be included. For example, it is not a conflict of interest to participate in a decision about a corporation you or a relative own stock in, as long as you and /or your relatives own less than 3% of the shares of the corporation and get less than 5% of your and /or your relative's total annual income from it. It is also generally not a conflict of interest to participate in decisions about nonprofit corporations you volunteer for, a government entity you or a relative work for, your tenant or landlord, or a class of people that includes you. A relative includes your spouse, child, grandchild, parent, grandparent, sibling, their spouses, and your spouse's parent, sibling or child. If you have any questions about whether you or a relative have a financial or ownership interest that should be listed, please contact the Town Clerk or the Town Attorney. Name of Business Person with Interest Type of Interest Additional Information Have any of the- above businesses conducted any business (e.g., supplier of goods or services, contractor, consultant) with the Town of Marana in the past 24 months? [X] No ] Yes If explain: Are you, a relative, or any member of your household an [X] No [ ] Yes employee of the Town of Marana'* If yes, explain: List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct economic interest such as a partnership, joint venture or similar business relationship. I affirm that all of the Information contained in this application Is true to the best of my knowledge, and that I understand that any misstatement of fact or misrepresentation of credentials may result In this application being disqualified from further consideration. I also agree to abide by the Town's Code of Conduct and notify the Marana Town Clerk of any changes to this information. Marana Regular Council Meeting 02/16/2016 Page 129 of 141 Electronic Signature* Date* * indicates required fields. Robert Palazzolo 1/20,12 The following form was submitted via your website: Citizen Advisory Commission Application First Name: Robert Last Name: Palazzolo Email Address: Mailing Address: City: Marana State: Arizona Zip: 85658 How many years have you lived at this address ?: 5 Hover many years have you lived in Marana ?: 8 Phone - Day: Phone - Home: Occupation: Psychologist — Retired Employer: Retired I am interested in serving on the: Board of Adjustment I am interested in serving on a commission for projects related to: City Center Development, Neighborhood Revitalization, Business Districts, Economic Development/Jobs, Housing I am currently, or have previously served on a Marana CAC: No Committee/Commission: 6 Marana Regular Council Meeting 02/16/2016 Page 130 of 141 Dates: I am currently, or have previously served on a board, committee, or commission of another public or private organization: Yes Committee: HEAC for HDA of Canyon Pass Dates.: 2003 to 2007 Describe your qualifications for serving on a CAC:: I have served on boards before and I feel that my education and ability to work with people will be an assert. I have an extensive background in psychology which I know will be an asset when working with residents and town officials. Why are you interested in serving on a CAC ?: To help to keep Marana as great as it is now. To also make the town even better then it is at the present. Describe any other personal involvement in local community activities (e.g., civic club, service or fraternal organization, professional association, volunteer, etc.): I am member of the Dove Mountain Rotary and various psychological organizations. Marana strives to establish commissions that reflect a variety of stakeholder interests and community diversity. Check all that apply:: Homeowner in Marana, Property owner in Marana Other ways you can contribute to the diversity of a group ?: I am a team member and my background will help the: group Day of week: Monday, Tuesday, Wednesday, Thursday 4.- Time of Day: Morning, Afternoon, Evening Hours per Month: not checked Duration of Service: 2+ 'Years Nate: John McIntire Address: 1 Relationship: Friend Day Phone. Marana Regular Council Meeting 02/16/2016 Page 131 of 141 Name. Alan Blwess Address: Relationship: Friend Day Phone: Name of Business: Person with Interest: Type of Interest: Additional Information: Have any of the above businesses conducted any business (e.g., supplier of goods or services, contractor, consultant) with the Town of Mama in the past 24 months ?: No If yes, explain :: Are you, a relative' or any member of your household an employee of the Town of Marana ?: No If yes, explain:: List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct economic interest such as a partnership, joint venture or similar business relationship. Electronic Signature: Robert Palazzolo Tate: 1/20.12 Marana Regular Council Meeting 02/16/2016 Page 132 of 141