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HomeMy WebLinkAboutCouncil Agenda Packet 05/18/2004P 4$E CHA GE LOC TIO TOWN OF MARANA, ARI_ )NA COUNCIL MEETING AGENDA Marana Middle School 11279 W. Grier Road, Suite 105 May 18, 2004 - 7:00 p.m. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Bobby Sutton, Jr. Herb Kal Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mike Reuwsaat Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hail or watch for posted agendas for other meetings. This agenda may be revised up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must ~l out a speaker card (at the roar of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to 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. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocdyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted no later than May 14, 2004 by 7:00 o'clock p.m., at the Marana Town Hall, Marana Police Department, and the Marana Development Services Center. PLEA ] Y)TE IN LOCATION TOWN OF MARANA, ARIZONA COUNC~ MEE'~ING AGENDA Marana Middle School 11279 W. Grier Road, Suite 105 May 18, 2004 - 7:00 p.m. H. IH. IV. V. VL VIII. IX. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILI~.NCE ROLL CALL APPROVAL OF AGENDA ACCEPTANCE OF MINUTES Minutes of the May 4, 2004 Council Meeting CALL TO THE PUBLIC ~ ANNOUNCEMENTS ~ INTRODUCTIONS ~ UPCOMING EVENTS At this time, any member of the public is allowed to addr~s the Town Council on any issue not already on tonight's a~enda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Counc~ must complete a speaker card 0ocated at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. 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, may ask staffto review the matter, or may ask that the matter be placed on a future agenda. STAFF REPORTS GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve aH items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. Resolution No. 2004-58: Relating to Water Service: Approving and Authorizing the Execution of the Agreement between the Town of Marana and Monterey Homes for Construction of Water Facilities Under Private Contract for Continental Reserve Block 18, 19 and a portion of 17 (Brad DeSpain) 2 PLEA NOTE IN LOCATION 6. 7. 8. TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA Marana Middle School 11279 W. Grief Road, Suite 105 May 18, 2004 - 7:00 p.m. Resolution No. 200459: Relating to Water Service; Approving and Authorizing the Execution of the Agreement between the Town of Marana and Pulte Homes Corporation for Construction of Water Facilities Under Private Contract for Continental Reserve Block 16A (Brad DeSpaln) Resolution No. 200460: Relatine to Water Service; Approving and Authorizing the Execution of the Agreement between the Town of Marana and BCIF Group for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for the San Lucas Development (Brad DeSpaln) Resolution No~ 2004-63: Relating tn Parks and Recreation~ Approving the naming of the arena located at Pestvale Road and the Frontage Road the Marana Western Heritage Arena (Tom Ellis) Resolution No, 200464: Relating to Water; Supporting Operation of the Yuma Desalting Plant (Michael A. Reuwsaat) Resolution No. 200468: Relating to Subdivisions; Approving a Final Plat for Twin Peaks Highland (Kevin Kish) Request for Additional Planning Staff (Jane Howell) Proclamation regarding Public Works Week (Harvey Gill) B. COUNCIL ACTION PUBLIC HEARING: LDS Annexation - Relating to Annexation; Consideration of the Town of Marana's desire to annex approximately 2830 acres in the vicinity of the Pima/Pinal boundary in northwest Marana. This property lies within portions of Sections 34 and 35, Township 10 South, Range 10 East, and Sections 2,3,4,5,8,9, 10, 11, 14, 15, 16 and 17 Township 11 South, Range 10 East, Gila and Salt River Meridian (Dick Gear) Ordinance No, 2004.10: Relatinn to Marana Remlonal Airport: Amending the Marana Town Code by Adding a new Chapter 15 (Charles Mangum) 3. Ordinance No. 2004.11: Relating to Marana Regional Airuort: Adopting Rates and Fees (Charles Maugum) 4. Ordinance No. 2004.12: Relating to Marana Regional Airoort: Adopting Ultralight Aircraft Operating Rules (Charles Mangum) State Legislative Issues - Discussion/Direction/Action regarding ali pending bills before the Legislature (Mike Reuwsaat) PLEASE NDTE C~.ANOE IN LO~ TION TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA Marana Middle School 11279 W. Grler Road, Suite 105 May 18, 2004 - 7:00 p.m. C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT FUTURE AGENDA ITEMS ADJOURNMENT Bobby Sutton, Jr., Mayor 4 II. PLACE AND DATE Marana Town Hall, May 4, 2004 CALL TO ORDER By Mayor Sutton at 7:05 p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Present Present Present Present Present Present STAFF Mike Reuwsaat Jaret Barr Frank Cassidy Jocelyn Bronson Jim DeGrood Town Manager Present Interim Development Services Admin. Present Town Attorney Present Town Clerk Present Executive Asst. to the Town Manager Present Attached is a list of public attendees. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Vice Mayor Kal, seconded by Council Member Honea, the minutes of the April 20, 2004 Town Council meeting were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Shelly Martinez, member of the Marana Health Center's Board of Directors, announced the grand open/ng of a five-chair, state-of-the-art dental facility this .Thursday, May 5, from 5 to 7 at the local health center. She invited all to attend and said that there would be assorted festivities for the kids including a jumping castle, a visit by Ronald McDonald, and ice cream sodas. Chris Cawein, representing Pima County Flood Control, addressed the Council about the status of the Santa Cruz River Levee map revisions. He said that his agency had been in touch with Michael Baker, Jr., the Federal Emergency Management Agency (FEMA) consultant, who relayed that all of the technical details had been resolved. He said that the details were under review at FEMA to insure that the current machinations were correct. He said that he expected a confirmation within the next week or two. Mr. Cawein explained that the next step would be receiving a confirmation letter from FEMA indicating that the map changes had been accepted. He said that the letter would contain the publication date for the local papers for public notification of the map revisions. He remarked that there was a 90-day mandatory waiting period which began immediately upon publication of the revisions and that, typically there are few appeals particularly when property owners were being removed from the flood plain. He said that the process would move forward relatively quickly at the end of the 90-day period and that FEMA would send out a letter to the area property owners with an accompanying letter by Sharon Bronson, Chair of the Pima County Board of Supervisors, stating that the properties would be removed from the flood plain. He reported that most mortgage lenders would not require any flood insurance for those particular properties but that it was incumbent upon the property owners to get in touch with their lenders and move the process. He said that some general instructions would be included in the FEMA mailing as well as a toll-free number to call for further inquiries. Council Member Honea commented that Chair Bronson had said that County staff would assist individuals with the application process for flood insurance reimbursements by helping with the paperwork and answering questions about the procedures on how to get the insurance rebate. Mr. Cawein confirmed the Council Member's statement and added that there were different procedures for each insurance company's processes. He estimated that this revision affected approximately 700 properties in the Marana area. 2 Mayor Sutton asked if the County would provide an informational sheet with the mailings in order to limit the amount of calls from residents. The Mayor said that information contained on the sheet could be information such as what the map revision meant, what the property owner should do, what questions the mortgage company might ask, and who to call if you had a mortgage bill. Mr. Cawein said that this was a great suggestion. He said that it would be easy for the County to put together a fact sheet to expedite the process. Council Member Escobedo asked if Mr. Cawein would come back before Council with an update on the progress further west along the Santa Cruz River to Berry Acres. Mr. DeGrood replied that this was a town-initiated project where staff was re- mapping an area based upon the County improvements and the effects the improvements would have downstream. He said that the project was largely through the technical appeals process as well. He informed the Council that additional material was sent to FEMA within the past two weeks but there would not be any resolution on that matter until the County's letter of map revision had been approved. Mr. Reuwsaat commented that there was a Berry Acres Steering Committee and that, when the notification was received and the 90-day waiting period began, then the Town would notice the property owners. Jane Howell addressed the Council regarding Lieutenant Dale Bradshaw's 254 Anniversary in the Town's employ. Chief Vidaurri spoke before the Council about the many accomplishments and unselfish dedication of Lt. Bradshaw to the Marana community through the years. He said that the Lieutenant grew up in Wisconsin ~and moved to Arizona in 1972 where he worked for the Pima County Sheriff's department in the Correctional Division before moving on to the Pima County Park Rangers where he continues to serve as a reserve park ranger to this day. The Chief related that Lt. Bradshaw was hired into the Marana Marshall's office on April 23, 1979 and promoted to chief deputy in 1983. He said that in 1984 Lt. Bradshaw was promoted to sergeant and then to his current status of lieutenant in 1989. Chief Vidaurri remarked that Lt. Bradshaw had supervised all divisions within the Marana Police department including Operations & Support Services. He said that the lieutenant was currently supervising the Technical Services Division which included records, communications, and property. The Chief said that Lt. Bradshaw had always been involved with the youth of the community and, probably what he was best known for in Marana. Chief Vidaurri said that he started a boys' group which later developed into a program for both boys and girls and then the Explorer program currently operating within the MPD today. He said that Lt. Bradshaw has been recognized by the Boy Scouts of America for his outstanding dedication as well as nominated for Man of the Year in 2004. He said that the Lieutenant was always courteous and professional and the Marana Police Department was looking forward to his continued dedication. The Chief presented an award to Lieutenant Bradshaw that was from all of the members of MPD who felt it was important to recognize such outstanding dedication. Lieutenant Bradshaw thanked the Chief for the kind words and said that it had been a pleasure to serve the community over the years. He commented that Marana had a great future ahead and that he wanted to be a part of it. Mayor Sutton, the Council Members, and all of the Town staff present at the meeting joined in thanking Lt. Bradshaw for his service to Marana. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENTAGENDA Resolution No. 2004-50: Relating to Water Service; Approving and Authorizing the Execution of the Agreement between the Town of Marana and Richmond American for Construction of Water Facilities Under Private Contract for Gladden Farms Block 6 (Brad DeSpain) Resolution No. 2004-51: Relating to Water Service; Approving and Authorizing the Execution of the Agreement between the Town of Marana and Richmond American for construction of Water Facilities Under Private Contract for Gladden Farms Block 10 (Brad DeSpain) Resolution No. 2004-53: Relating to Subdivisions; Approving a Final Plat for Continental Reserve Blocks 18, 19 and a portion of 17 (Kevin Kish) 4. Resolution No. 2004-54: Relating to Subdivisions; Approving a Final Plat for Canyon Pass III-B Resubdivision (Kevin Kish) Resolution No. 2004-55: Relating to intergovernmental relations; Approving and authorizing the execution of an Intergovernmental Agreement with the Pascua Yaqui Tribe for infrastructure improvements within the Yoem Pueblo community (Frank Cassidy) 6. Proclamation regarding 35th Annual Municipal Clerks Week (Jocelyn Bronson) 7. Proclamation regarding Neil Giuliano, retiring Mayor of the City of Tempe (Jocelyn Bronson) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. PUBLIC HEARING - Ordinance No. 2004.08 and Resolution No. 2004-52: Relating to Development; Declaring a Public Record; Adopting Subdivision Street Standards Manual for the Town of Marana (Jim DeGrood) Mayor Sutton opened and closed the public hearing. There were no speakers from the public regarding this item. Mr. DeGrood gave a brief presentation on the Subdivision Street Standards Manual. He said that work on this project had been ongoing for several years and that the Southern Arizona Homebuilders Association (SAHBA) Technical Subcommittee had contributed substantially to the effort as well. He said that the manual included standard cross sections for the Town, ones that were wide enough to pass the fire truck requirement of Northwest Fire District and for on-street parking. He recognized the outstanding work of Fernando Prol and the SAHBA technical committee, chaired by Paula Meade from Pulte Homes. He said that the manual was basically an update of the 1989 Pima County subdivision street standards with one particular thing added, a design exception process. He explained that staff knew that one size did not fit all and that developers would want to come forward with unique and innovative projects. He said that the design exception process created an opportunity for the developer to bring a concept forward and send it through the review process with the Planning Commission and then move forward with the plats and improvement plans. He noted that unanimous approval of the manual was given by the Planning Commission. o Upon motion by Council Member Honea, seconded by Council Member Blake, Ordinance No. 2004.08 and Resolution No. 2004-52 were unanimously approved. Presentation by the Consulate of Mexico regarding consular identification (Mike Reuwsaat) Mr. Reuwsaat introduced the Consulate of Mexico, Juan Manuel Calderon Jaimes, to the Council. Mr. Jaimes addressed the Council and said that it was a great pleasure for him to have the opportunity to appear before them. He noted that the Mexican government had a total of 45 Mexican Consulates in the United States with five located throughout Arizona in Phoenix, Nogales, Yuma, Douglas, and Tucson. He gave a brief presentation regarding the Mexican Consular ID, or Matricula Consular, and explained that this form of identification had already been approved as a valid form of ID by Tucson, South Tucson, Casa Grande, Eloy, Coolidge, and Pima and Pinal Counties. He introduced Deputy Consul Eugenia Cabrera Murillo who gave an detailed review of the official identification. An informational handout that was distributed to the Mayor and Council has been made a permanent part of this record. She explained that the Matricula Consular was an official ID card issued by the Mexican government through its Consular offices or Mexican embassies abroad and that it identified the bearer as a Mexican national living outside of Mexico. She said that the ID did not allow a person to obtain a social security number, driver's license or work permit, that it did not give access to welfare or health programs such as Medicare or Medicaid, and that it did not prevent arrest or deportation. She pointed out that the matricula consular was an official federal government issued document prepared using great caution and detail for accuracy. She said that the card had been designed with a sophisticated degree of security in order to prevent forgery. She informed the Council that the bearer's information and corresponding card number were stored in a database maintained by the Mexican government. Ms. Murillo said that decoding equipment would be provided to the Town of Marana and would aid in verifying the authenticity of the matricula consular. Mayor Sutton asked if the Mexican nationals asking for this type of identification were already residing outside of Mexico. Consul Jaimes replied yes. Mayor Sutton asked if approval from the Council at this meeting was sought. Mr. Reuwsaat replied yes and commented that the Council would be following suit with other neighboring jurisdictions in recognizing the ID card as an official form of identification. He suggested that Chief Vidaurri meet with the Consulate of Mexico to discuss the details of the ID approval. Upon motion by Mayor Sutton, seconded by Council Member Escobedo, authorization to accept the matricula consular as an official form of identification for Mexican nationals living abroad and for Town officials to accept authenticating equipment to be used in conjunction with the identification process. The motion was passed unanimously. 3. State Legislative Issues - Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) Mayor Sutton announced that the Pima Association of Governments (PAG) Regional Transportation Authority (RTA), HB 2507, legislation was passed. Mr. Reuwsaat said that the legislation was officially signed but that there would be a ceremonial signing in the near future. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo reported that the Marana Teen Advisory Council (MTAC) planning committee and Coordinator will be meeting with the first group of youth at Marana High School next week to begin inductions into the MTAC. There were nine applications returned and he believed there would be more interest as the word is spread. The Council Member continued by reporting that he had been in San Antonio, Texas, where he attended a Hispanic summit on sustainable housing along the Mexican border reaching from Baja California to the Gulf of Mexico. He said it went very well with 58 different communities attending. Texas, Colorado, Arizona, California, and New Mexico. He noted that there were projects out there and, as the Hispanic community continued to grow, the Town would be working with communities and other states to bring all that together. Council Member Honea reported that the Western Heritage Foundation held their Founders' Day rodeo that was previously postponed due to rain. He said that it was an outstanding, well attended event. He said that the Town's team, Laurie Young, Jennifer Short, Jennifer Christelman, and Brad DeSpain, won in the Calf Dressing event. There were 132 team roping teams, barrel racing, and that it was a really successful event and set the bar very high for things to come. The committee did an excellent job and everyone was well behaved. Council Member McGorray reported that she also attended the Heritage Rodeo event and saw some of the roping plus she presented the trophy to the Marana team for first place in the calf dressing. She said that there was plenty of talented riders in this area in the junior barrel racing category and that it was something to look forward to in the future. Mayor Sutton said that he also attended the rodeo and presented David Mehl and Dolores Escobedo with commemorative buckles for their Man and Woman of the Year status. Council Member Escobedo recognized Brad DeSpain for his outstanding work on the rodeo event. He said that Mr. DeSpain was a great help to the Western Heritage Committee and he was well respected and appreciated. D. MANAGERS' REPORT Mr. Reuwsaat announced that the May 18~ Council meeting would be moved to the Marana Middle School because Pima County would be using the Council Chambers as a polling place for the County-wide Special Bond Election on that day. He reported that he had been working closely with Michael Hein, Pima County Assistant Administrator, on a number of Town- related issues and that the stellar leadership of Mayor Sutton and the Council Members had been frequently mentioned. He thanked the Mayor and Council for their vision and guidance and said that he was proud to work with such a dedicated group. He commented that Miley and Tom Clark, longtime Marana residents and community supporters, were recently featured on Trading Spaces, a cable home decorating show. He said that the program was entertaining and that Marana had come a long way to be featured on a nationally syndicated television program. FUTURE AGENDA ITEMS There were no items suggested for future agendas. XI. ADJOURNMENT Upon motion by Council Member McGorray, seconded by Council Member Escobedo, approval to adjourn was unanimous. The time was 7:55 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 4, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk MARANA TOWN COUNCIL MEETING Public Attendees NaFr~ Address STAFF REPORTS TO COUNCZL Building Parks &. Rec Town Clerk Planning Court Police Finance Human Resources PW/Engineering Water APRIL 2004 EVERYONE WANT'S TO HELP CONSERVE VALUBLE RESOURCES. WATER IS ONE OF THE MOST VALUBLE THERE IS. WE COULD NOT LIVE WITHOUT IT May 11, 2004 MARANA TOWN OF MAEANA TEAH WORK-- Is all staff working together in outstanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: FROM: SUBJECT: DATE: Mayor Bobby Sutton, Jr. Town Council Mike Reuwsaat, Town Manager Water Department Staff April 2004 Department Report Update May 11, 2004 CUSTOMERINFORMATION 2363 84 96 47 32,999,502 46.52 63.15 Number of Customers Billed in April Number of Disconnects in April Number of New Connects in April Number of New Services with Meter Installation Total Gallons sold in April Acre feet pumped (non-trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas Acre-feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) DALLY OPERATIONS 1. 252 Blue Stakes completed in April. 2. 237 ServiceANork orders completed in April. 3. Working on Conversion of the Marana Airport Fire Suppression System to a potable water system 4. Inspected construction projects for Gladden Farms Blocks 11 & 12 and, Continental Reserve Blocks 17, 18 & 19. 5. Installed a new chlorinator at La Puerta. 6. Repaired leaks in Airline/Lambert and Palo Verde. 7. Repaired Standpipe. 8. Located Valves in the Picture Rocks System. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Continental Reserve Block 16A. 2. San Lucas 3. Rancho Chimayo LLC - Line extension Picture Rocks System 4. Continental Reserve Block 18, 19 & a portion of 17. OTHER 1. Draft Effluent Agreement with Tucson Water is being negotiated. 2. Pilot water treatment of Picture Rocks system is installed and operating. Progressing well. 3. Non-potable system for North Marana design stages is complete, and is being presented to developers. 4. La Puerta well is in discussion with Cortaro-Marana Irrigation District. Possible trade, equipment well 36n for them. 5. Non-potable system and storage are in the discussion, and draft, design stage, for the east side of 1-10, from Tangerine Rd. to the Pinal County line. 6. Sunset Ranch Estates rate comparison in Progress. 7. Regional water supply organization being discussed. Workshop May 20. PUBLIC WORKS REPORT Capital Improvement Projects The following are capital improvement projects in design. Ina Road Roadway Imerovements 1-10 to Silverbell Road This project consists of roadway improve- ments including design and reconstruction to widen to four lanes with multiuse lanes, median island, curb, curb and gutter and sidewalk installation, drainage improve- ments, landscaping, signal modifications, artwork and street lighting. Project is 1.1 miles in length. Estimated construction time: To be deter- mined Ina Road Bridae ImDrovements-Brid~le over the Santa Cruz River This project consists of constructing a new bridge over the Santa Cruz River south of the existing bridge. Construction will also include rehabilitating the existing Grade Control Structure, extending the soil cement/concrete floor protection to include the new bddge, reconstructing the soil cement bank protection on the east and west side of the Santa Cruz River. The reconstruction of the bank protection wilt include provisions for a pedestrian path. Status: 404 Permit application has been submitted. First year of Pygmy Owl Survey has been completed. The Traffic Impact Analysis, Phase I Environmental Site Assessment, Archaeology, the amended Bddge Inspection, Bddge Stability Analysis, Grade Control Stability Analysis, Bddge Selection, Location and Geotechnical (for Traffic Signals) reports are complete and have been accepted; NPPO Plan has been accepted and Draft Access Management Report is on hold at this point in time. Access Management acceptance letters have been received by the consultant from the abutting property owners. The Town had submitted 75% improvement plan comments to the consultant in December of 2003. Revisions to be submitted to the Town in the second quarter of 2004. Estimated construction time: TO be determined Status: The bddge improvement plans, DCR, Bridge Selection Report, Bridge Stability Analysis and the amended Bridge Inspection Report have been submitted to ADOT, Phoenix office, for their initial review and comments. The 60% plans are expected to be submitted by the second quarter of 2004. The ACOE permit is expected to be complete by the second quarter of 2004. May 2004 (Staff Report for the month of April) Capital improvement 2-4 Projects in Design Capital Improvement Projects In Construction Completed Projects Traffic Division Report Environmental Planning Projects PUBLIC WORKS MISSION AND VALUES "The Marana Public Works Department is committed to providing quality service by consistently delivering and maintaining reliable, safe public facilities with a productive, respectful and ethical work force." Our operating values are: · Satisfac~on · Respectful · Communica~on · Reliable · Productive · Quality · Ethical · Consistency · Sen/ice · Safety · Integrity · Commitment May 2004 Capital Improvement Projects in Design (continued) DCR for the Ina Road Corridor Proiect This project will involve the development of a Design Concept Report to improve Ina Road and the area south of Ina Road between Thornydale Road and Camino Martin extending to Orange Grove Road. Twin Peaks Interchanqe This project consists of environmental clearances, DCR and 15% plans for the corridor alignment, Phase I; final design for TI, grade separated railroad structure and connection to the roadway system to the east, Phase I1. Status: The Statement of Qualifications (SOQ's) were received in October of 2003. Panel evaluations were received in December of 2003. The SOQ's will be held for six months; at that time the Town may award a contract. DCR/Dssiqn for Honea Heii;hts Roadway Improvements This project will involve the development of a Design Concept Report and subsequent construction plans for roadway and drainage improvements for Honea Heights subdivision, located between Sanders and Sandario Roads, between Moore Road and the Santa Cruz River. Status: The Statements of Qualifications have been received and a consultant has been selected. The project is currently on hold. Honea Heiohts Sewer Improvements This project consists of constructing/installing the sani- tary sewer mainline and incidentals for the residents of the Honea Heights Subdivision. Status: Pima County Wastewater Management is in the process of finalizing the Project Plans and Contract Documents. The bid date for the project has not yet been established nor has the anticipated start of construction. Estimated Construction Time: 2006 Status: The Town is in receipt of and staff has reviewed the Visual Impact Analysis Report, and the comments have been returned to URS to be included in the final report. The Town is currently reviewing the Draft Alternatives Selection Report. This report is a major milestone in the process of the Environment Assessment (EA)/Design Concept Report (DCR) process. The second open house held on Monday, March 22, 2004, was an oven,vhelming success which was attended by an estimated 135 individuals. April 22, 2004, was the closure date for the consultant to receive written comments from the public. The comments received from both open houses will become part of the EA and DCR final report. The Town and Consultant are preparing for the next Envi- ronmental Focus Group and Technical Advisory Committee meeting. We anticipate these meetings to be scheduled during the month of May 2004. The DCR with 15% Improvement Plans and the EA are expected to be completed during the fourth quarter of 2004. District Park Bank Protection This project consists of providing bank protection along the west bank of the Santa Cruz River from Ina Road to Cortaro Road. Phase I of the project will be from Cortaro Road to the Yuma Wash. Sandra Road, Phase II Pavement Extension This project consists of extending the paving from Sandra Road and Sunshine Lane to the north for an ad- ditional 1/4 mile. This would address rights-of-way and drainage issues. Status: Town will negotiate and complete the design contract with EEC, Inc. as soon as the Scope is revised. Status: Tetra Tech is the design engineer. Tetra Tech is working on revisions to Phase I of this project. An individual 404 permit application has been submitted to the Army Corp of Engineers and is anticipated by Spring 2004. Construction will begin after all permits are obtained, design is complete and Rights-of-Way are obtained. Santa Cruz River Corridor Trail This project consists of providing a DCR and design for the path alignment, landscaping and irrigation and parking facilities for the linear path located on the levee of the Santa Cruz River from the end of Phase I alignment to Gladden Farms. Status: Legal description and exhibits are being prepared for state land and land exchange with Pima County. Page 2 PUBLIC WORKS May 2004 Capital Improvement Projects in Design (continued) Thornydaie Road Improvements/Oranqe Grove Road To CDO Wash This project consists of reconstructing Thomydale Road from Orange Grove to the CDO Wash along with the reconstruction/ widening of the approach roads; sidewalks, curb, curb and gutter, traffic signal modifications, drainage facilities, median islands, street lighting and art work. Estimated construction time: To be determined Status: The 90% improvement plans have been received. 100% plans are expected in the second quarter of 2004. The Phase I Environmental Site Assessment, Cultural Resources, Drainage and Geotechnical (for traffic signals) Reports have previously been accepted. The reports will be updated to ac- count for the new project limits as necessary. Santa Cruz River Shared Use Path, Phase I and II This project consists of the design and construction of a 14' wide paved asphalt path from Cortaro Road to Coachline Blvd. via the El Rio Park Development. Two padestdan bddges provide major drainage crossings for the path. Phase I consists of building a shared use path between Cortaro Road and Twin Peaks Road in the over bank and inter- mediate bank areas of the Santa Cruz River. Phase II consists of a continuation of the shared use path in Phase I from Twin Peaks to El Rio Park. Each phase is partially funded under ADOT's Transportation Enhancement Program. Construction will need to be completed such that the ADOT funds are prop- edy tracked; however, design can be completed as a single project. Estimated construction time: Second Quarter of 2004 Status: The Environmental Determination (ED) has been accepted by ADOT. In late April 2003, the Town selected Castro Engineering for the path design and Structural Grace for design of the pedestrian bridges. The 100% plans ara scheduled for submittal by the second quarter of 2004. The artistic concepts for the project have been presented and en- dorsed by the Mayor and Council, Marana Parks Committee, the Public Works Arts Project Committee, the Continental Ranch and Sunflower Homeowners Associations, an HOA public meeting, the Construction Committee and the Building Committee. End of construction is targeted for the fourth quar- ter of 2004. Silverbell Road Improvements Cortaro Road to Ina Road This project consists of reconstructing* the roadway to four lanes with curb and gutter, multipurpose lanes and sidewalks, and providing for a continuous center tum lane, sanitary sewer system construction and intersection improvements at Ina/Silverbell, which includes a new traff~c signal system. Estimated construction t/me: Third Quarter of 2004 Status: Environmental, Biological, DCR, Geotechnical Report, Pavement Design Summary, Archaeological and Drainage reports are complete and have been accepted. The 404 Permit application has been submitted to the Army Corps of Engineers (ACOE) and is expected to be complete within the second quarter of 2004. Third year of Pygmy Owl Survey has been completed. ACOE is still in the process of reviewing the plan as submitted by Old Pueblo. The Town is in racaipt of the final Sanitary Sewer Basin Study and the study has been accepted by both the Town and PCWWM. The sanitary sewer plans have been reviewed by PCVWVM and revisions are being completed. Comments on the 90% plans have been completed and returned to the Consultant for incorpo- ration into the 100% plans. 100% plans are expected to be completed by the second quarter of 2004. End of construction is expected to be complete by the third quarter of 2005. A public open house was held on January 15, 2004. Town of Marana, Northwest Marena Town Center Desion and Develooment Three projects are ongoing to master plan and estab- lish the layout, ambience and design standards of the Northwest Marena Town Center. Northwest Marana Town Center, Master Plan Prolect This project will provide Master Plan Services for further planning and conceptualization to set design and development standards to facilitate the urbaniza- tion of the Northwest Marana Town Center, Status: Dun'ant Group and McGann and Associates continue the master planning of the rest of Ora Mae Ham Distdct Park and the areas south of the park and Municipal Complex. The Town will work with land owners and developers for further use of the Town Center land. The Notice to Proceed should be issued in the second quarter of 2004 following approval of the scope of work and contract negotiation. PUBLIC WORKS Page 3 May 2004 Capital Improvements in Design (continued) Town of Marana Municipal Complex (Marana "MuniPlex") This project consists of the design and construction of a new Town Government Complex and will integrate the Muniplex and surrounding facilities with the Ora Mae Harn Park which will eventually abut a linear greenbelt park that will run from 1-10 to the Santa Cruz River. This linear park will also serve as a relief conduit for excess water from the Tortolita Mountain fan run off. Status: During April, D.L. Withers, the CM, completed the main structural steel erected for Building A and a topping out ceremony was held April 6thto mark com- pletion of Structural Steel erection. Structural steel in Building A was plumbed and final bolting and welding of moment connections was in progress through April. Structural steel courtyard balcony canopies and all stairs were pending fabrication and delivery. The major- it,/of welding was completed on B and bolting and welding continued on C. Corrugated steel roof decking was spread on Building C, Interior metal studs for inte- rior walls was continued on both 1'~ and 2"d floors in Building B. Exterior metal studs were began and contin- ued on 1'~ and 2"~ floors of Building B. Mechani- cal/electricaFplumbing (MEP) continued and substan- tially progressed on the 1'~ and 2nd floors in Building B, with air conditioning equipment set in place in mechani- cal rooms. Fire system piping was completed and tested in Building B Foundations for concrete seat/wails continued on the circular wall running from the Building A to the sidewalk entries on Civic Center Drive. The cooling tower foundation was laid out and excavated. Electrical power cable pulling began. The masonry contractor remobilized to site to place the block walls in the generator yard/trash area and to close the Council Chamber Walls. Concrete curbing for employee and public parking and entry road was com- pleted. Asphalt pavement and striping was placed in the employee parking area. Pavement of public parking area and entry road was delayed due to rain and satu- rated subgrade. AN procurement was completed; FF&E procurement package was ready to be placed out for bid by end of Apdl. A model of the project is located in the Town Hall for viewing. Northwest Marana Town Center, Roads, Infrastructure and Offslte Imorovements This project will design and construct the office utilities, roads, landscape, and other infrastructure and establish the layout of the main Town Center corridors. Status: During February, Conceptual Drawings for the ex- tension of Marana Main Street north of Grier Road were received from WLB and are under review by Town staff. Excavation and installation of potable and non-potable water on Marana Main Street and Civic Center Drive was substantially completed in March of 2004. During April 2004, installation of joint utility trench and curbing along Marana began and will continue through May 2004 Substantial completion is targeted for the fourth quarter of 2004. DCR for Camino de Manana/Dove Mountain Extension This project will involve the development of a Design Concept Report for the possible realignment of Camino de Manana from its intersection with Linda Vista Boulevard to an align- ment with Dove Mountain Boulevard at Tangerine Road. Status: The Town has selected a consultant and a scoping meeting has been completed. The project is currently on hold. Moore Road Imorovements This project will involve the development of a Preliminary Design Report and subsequent final construction documents. The project consists of improvements to the driving surface and drainage crossings from Camino de Oeste to Thomydale Road. Status: The Notice to Proceed was given to the design consultant on October 23, 2003. The Preliminary Design Report is expected in May 2004. The final construction pack- age is expected in June 2004. Design is estimated to take five months while beginning of construction is yet to be deter- mined. DCR/Deslon of Barnett Linear Park and Flood Control Proiect This project will involve the development of a Design Concept Report and subsequent design of Barnett Linear Park and Flood Control Project. The project consists of utilizing the existing Barnett Roadway alignment for a major outlet channel/ linear park from I-10 to the Santa Cruz River, Status: The Town has selected a consultant and a scoping meeting has been held. The Notice to Proceed should be ' issued in the second quarter of 2004 following approval of the scope of work and contract negotiation. Page 4 PUBLIC WORKS May 2004 Capital Improvement Projects In Construction The following are capital improvement projects in construction. Linda Vista Boulevard This project consists of chip sealing approximately 3/4 mile of roadway from Camino de Manana east to approximately HaRman Lane. Status: The construction contract has been completed by Pima Paving, punch list work has been completed. Twin Peaks and Scenic Drive Intersection Imorove- ments This project consists of relocating the current Scenic Drive intersection with Silverbell Road to the south to line up with Twin Peaks Road at Silverbelt Road. This is a safety improvement that provides direct access to the futura Linda Vista/Twin Peaks traffic interchange at I-10 through Twin Peaks Road. The project will include installing culverts, paving, curb and gutter, and signing and striping improvements. This project also has a waterline lowering and landscaping improvements. Status: The Notice To Proceed for construction was completed in October of 2003. Construction began mid October and was completed in April 2004. Tanqerine Road * Breakers to Thornydale Road Improvements This project consists of drainage improvements and repaving of portions of Tangerine Road. The Town has decided to pursue a maintenance oriented program for the road and Tetra Tech generated construction plans for advertisement. Status: Southem Adzona Paving began construction in November 2003 with Tetra Tech as the design engi- neer, performing construction administration for the Town. Construction was substantially completed in April 2004. A widening of the roadway section east and west of Braakers is expected to be constructed in May. Tanuerine Road/Thornydale Road Intersection Improvements This project consists of roadway widening, intersection modifications and signalization, and drainage improvements. Status: Southern Arizona Paving has been awarded the construction contract. Construction began in April 2004. The design engineer, Tetra Tech, will perform construction administration and the construction is anticipated to con- tinue through October 2004. Page 5 PUBLIC WORKS Completed Projects New Westbound Cortaro Road Bridge Over the Santa Cruz River: Completed March 2002 Cortaro Road Improvements, Silverbell Road to 1-10: Completed February 2003 Wade Road: Completed February 2003 Continental Ranch Neighborhood Park: Completed February 2003 Coyote Trails Elementary School Park and Parking Lot Addition: Completed February 2003 Santa Cruz Corridor Trail: Completed April 2003 Costco Street Lighting: Completed May 2003 Sandra Road Bus Turnaround: Completed June 2003 Emigh Road Driveway at Marana High School: Completed June 2003 Cortaro Road Realignment: Completed July 2003 2003 Pavement Preservation: Completed July 2003 Coachline Boulevard Sidewalks: Completed October 2003 El Rio Park: Completed January 2004 May 2004 Cortaro Road Improvements Continental Ranch Neighborhood Park ] I Coyote Trails Elementary Park Pase 6 PUBLIC WORKS Traffic Division Report May 2004 Cortaro Road Traffic Siqnal Coordination Study In order to improve the traffic flow on Cortaro Road be- tween Silverbell Road and 1-10, a study will be conducted to determine how the progression of traffic between those two points can be enhanced. Kimley-Hom and Associates, in conjunction with ADOT, will be reviewing the need to modify the signal phasing and timings at the Cortaro Road/I-10 Frontage Roads Intersections. They will also be looking at the need to improve the coordination between the signals at Silverbell Road, Arizona Pavillions Drive, and at the 1-10 intersections. It is expected that the study will result in a smoother and safer traffic flow along this heavily-traveled section of Cortaro Road. New Traffic Sianal and Sion Standards To ensure uniformity in signal design and sign installation at Town signalized intersections, we are working with Kim- ley-Hom and Associates to develop new traffic signal and sign standards. These standards will supplement the Pima County Signal Design and Sign manuals which the Town currently uses in the preparation and review of signal Design plans and sign installations. We anticipate that the new standards will be ready in the near future and will help greatly to provide uniformity and consistency at our signalized intersections. Juan Batista de Anza National Historic Trail SiRns At the request of the Traffic Division, the Operations and Maintenance Division has recently installed auto route signs commemorating the Juan Bautista de Anza National Historic Trail, which traverses the Town. (The trail actually stretches from Nogales, Adzona to San Francisco, Califor- nia). Approximately 30 signs have been installed along Silverbell Road, Avra Valley Road and other roadways to help guide motorists who wish to follow the trail through the Town. Safe Routes to School Proaram The Traffic Division has recently initiated a Safe Routes to School Program. The program's goal is to develop educa- tional, engineering and enforcement tools with which to help provide safe tdps for elementary and middle schools students on their way to and from school. The program will develop a documented process so that those immedi- ately involved with the program (traffic engineering staff, police, school administration staff, teachers and parents) all understand the procedures and their respective roles in the process. Twin Peaks Elementary School has been chosen as a pilot school for the program. We have met with the school's principal, the school's Police Resource Officer, and the Marana Unified School District's Director of Operations to begin the process of organizing a Safe Routes to School Committee, which will be responsible for overseeing this program. Speed Zone Studies on Ina Road an~] Thornydale Road These studies will determine whether the regulatory speed limits currently posted on these roadways are appropriate based on the existing traffic conditions. The speed zone studies considered the current traffic volumes on these streets, the prevailing vehicular speeds, the accident his- tory on both roads, and the existing access management conditions on the roads. The result of the study revealed that the 45 mph speed limits currently posted on these roadways are appropriate for the prevailing traffic condi- tions. Compliance Studies at Railroad Crosslnqs Compliance studies are being conducted at the Union Pa- cific Railroad crossings on Ina Road and on Cortaro Farms Road. These studies will determine how many mo- torists are stopping their vehicles on or too close to the tracks. "Before" studies will be conducted while electronic vadable message boards are posted advising motorists not to stop on the tracks. "After: studies will be performed following the removal of the variable message boards to see whether the boards themselves served as deterrents. The long-term intent of these studies is to develop strate- gies to reduce the number of motorists stopping on the tracks. Traffic Slanal at SIIverbell Road-Wade Road Interaec- tio~n A traffic signal study conducted at the Silverbell Road- Wade Road intersection found that the installation of a traffic signal is warranted at that location. It is expected that the signal will be designed during this fiscal year and will be constructed next fiscal year. The signalization should make this a much safer intersection for motorists exiting Wade Road, pedestrians crossing Silverbell Road as well as emergency vehicles entering the intersection from the Northwest Fire/Rescue District's station on Wade Road. We are currently in the process of selecting an en- gineering consultant that will be responsible for designing the signal. Wamino Beacons at the Avra Valley Road- Sandario Road Intersection A traffic signal warrant study was conducted at the Avra Valley Road~Sandario Road intersection. The results of the study found that a traffic signal is not recommended at the intersection at this time. However, in order to enhance the safety at this location, flashing warning beacons will be installed on the Side Road warning signs currently posted on the Avra Valley Road approaches to the intersection. It is expected that the warning beacons will help greatly to better alert motorists about the approaching intersection. At this time the required beacon assemblies have been purchased and the project is under design. Pa/ie 7 PUBLIC WORKS May 2004 Environmental Planning Projects Tres Rios del Norte This project is a cooperative effort between the City of Tucson Water Department, Pima County Flood Control District and the Town of Marana in conjunc- tion with the United States Army Corps of Engi- neera. This purpose of this study is to evaluate ap- proximately an eighteen mile stretch of the Santa Cruz River from Prince Road to Sanders Road for projects such as habitat restoration, water supply, flood control and recreation. Status: The Town of Marana has prepared a com- ment letter to the Army Corps of Engineers on the 50% Draft F4 Document. These comments will be submitted for inclusion into the F5 Document. The F4 conference is scheduled for November 18, 2003 in Phoenix. Santa Cruz Valley National Heritage Area The vision of a National Heritage Area designation for the Santa Cruz Valley in southern Arizona is gaining momentum due to a convergence of local efforts to conserve natural resources and open spaces; to preserve historic structures and amhaeo- logical sites; to educate the public about the history and cultures of this region; to increase national rec- ognition of the region; to develop heritage tourism and bring other economic benefits to local communi- ties; and to improve cultural ties across the U.S.- Mexico border. Status: The Town of Marana showed support of the application and designation of the Santa Cruz Valley Heritage Area by passing Resolution No. 2003-133 at the Town Council Meeting on October 21, 2003. Arizona Pollution Discharge Elimination-System This project was initiated by a federal mandate in which Arizona Department of Environmental Quality (ADEQ) was given pdmacy. Six minimum control measures have been defined for compliance. The minimum con- trol measures are as follows: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Stormwater Runoff Control 5. Control of Post-construction Site Runoff 6. Pollution Prevention and Good Housekeeping Status: The Town of Marana has actively been working with PAG to get public involvement on a regional level. PAG is working with local jurisdiction on the develop- ment of an Outreach Connection web site. This site is being developed to enable water educators in the Tuc- son region to share information about their outreach and education efforts. Pima Association of Govern- ments (PAG) and the University of Arizona's Sustain- ability of semi-Add Hydrology and Ripadan Areas (SAHRA) are working jointly on this effort. SAHRA has agreed to develop the web site, to host it on their site, and to provide technical support for the site. Each of the participants will update their information on a regu- lar basis, so that the website stays current and use- able. PAG would coordinate the website users so that the site is maintained and so that new users are in- formed about the site. This website will focus on water resources and water quality outreach and education. The topic for the next Stormwater Working Group Meeting will be to develop a plan for regional outreach and deciding what activities to pursue. The funds from PAG's Federal Highways Administration that may be used for this purpose must be spent before the end of June. Procedures are beginning to be development for resi- dent concerns, comments and requests for information. A scope of work has been developed for the mapping of the storm sewer system. Once the Town has an As- Needed Civil on board this scope of work will be given to the company for implementation. Page 8 PUBLIC WORKS TOWN COUNCIL ~ MEETING TOWN OF MARANA INFORMATION MEETING DATE: May 18, 2004 AGENDA ITEM: IX. A. 1 TO: FROM: SUBJECT: MAYOR AND COUNCIL C. Brad DeSpain, Utilities Director Resolution No. 2004-58: Relating to Water Service; Approving and Authorizing the Execution of the Agreement between the Town of Marana and Monterey Homes for Construction of Water Facilities Under Private Contract for Continental Reserve Block 18, 19 and a portion of 17. DISCUSSION Monterey Homes desires to install an On-Site Water Facility to provide service to a development known a s Continental Reserve Block 1 8, 1 9 and a portion o f 1 7. Pursuant t o a n Agreement between the Town of Marana and Monterey Homes the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then >rovide water service to Continental Reserve Block 18, 19 and a portion of 17. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-58, approving and authorizing the execution of the Agreement between the Town of Marana and Monterey Homes for Construction of Water Facilities Under Private Contract for Continental Reserve Block 18, 19 and a portion of 17. SUGGESTED MOTION I move to adopt Resolution No. 2004-58. BLU Cont. Reserve 18,19,17 05/12/20042:23 PM APM MARANA RESOLUTION NO. 2004-58 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND MONTEREY HOMES FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR CONTINENTAL RESERVE BLOCK 18, 19 AND A PORTION OF 17. WHEREAS, Monterey Homes intends to facilitate the development of property to be called Continental Reserve Block 18, 19 and a portion of 17 (the "Property"); and WHEREAS, Monterey Homes desires to arrange for the provision of water service within the Property in connection with development; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Monterey Homes agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities under Private Contract between the Town of Marana and Monterey Homes, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED A ND ADOPTED B Y T HE MAYOR A ND COUNCIL O F THE TOWN OF MARANA, ARIZONA, this 18th day of May, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040518 Continental Reserve 18, 19, 17 RSO 2004-58 2 APM 05/12/2004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT, authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 18th day of May, 2004, by and between the TOWN OF MARANA, hereinafter called the Town, and MONTEREY HOMES, hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install a water facility to provide service to the following described parcel of land (Block 18, 19 and a portion of 17, Cont'mental Reserve) described on Exhibit "A' hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: X (3) Prior to the final inspection, Applicant shall pay to the Town all applicable Fees as authorized by the Marana Municipal Water Code. X (4) The system herein permitted is located within the Continental Reserve area specific water system plan and is thereby subject to an additional water development fee as authorized herein and by the Marana Municipal Water Code. Payment of the development fee is required prior to water service connection to the system. X (7) The installation charge for each 5/8 inch meter will be $1100. (Eleven hundred dollars). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take possession of, operate and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in acenrdance with Town requirements; NOW, THEREFORE, in consideration of the matters and conditions herein set forth, 1T IS HEREBY AGREED AS FOLLOWS: I. GENERAL 1. The Applicant shall design and install, at applicant's own expense, a water £acility in accordance with Plan No. ENG# 0310-009 and shall conform to thc design standards of the City of Tucson Water Department and the Town of Marana Water Code and special specifications and details as approved by the Town and by this reference made a par~ hereof. The document referenced herein as Plan No. ENG# 0310-009 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B". 2. The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by thc Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. 3. Before any service connections are made to the system herein permitted the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced herein. 4. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. 5. Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main· The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. 6. Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvement/development is taking place on the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is fronting the water main the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. 7. The Applicant shall furnish all labor, materials, equipment, supplies and tools required to complete the work herein permitted. 8. Execution of this Agreement certifies that the applicant has reviewed the plans and specifications, approved the location of service lines and is in full accord therewith. 9. Projects which are inactive for more than one year will be canceled, along with the Construction · Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review, and the plan has not bean resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not begun. II. ENGINEERING AND INSPECTION 1. When the cost of construction is greater than $12,500, the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the flpproved plans. hereunder. Any inspector authorized by the Town shall have full inspection authority over the work to be performed The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information conceming the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by applicant or any contractor. 3. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than normal 40 hours in a work period, or on a legal holiday as defined in by the Town, the applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. llI. PRECONSTRUCTION PROCEDURE 1. The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time work is to commence. 2. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit. 3. No work shall commence until the Town has issued a construction permit that will specify the starting date and a reasonable time for completion. The work shall be commenced and carried on at such points and in such order as may be directed by the 5. Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. 6. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regulations relating to the work, public health and safety and safety of Applicant's employees or Applicant's contractors employees. IV. CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. 2. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. 3. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed". 4. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 5. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system, on- site or off-site, necessitated by paving, drainage, or other improvements caused by this development. 3 6. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. V. INDEMNITY 1. In addition to any liability imposed by law, which liability is not affected hereby, on behalf of applicant and any contractor hired by Applicant, to perform any work hereunder, shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this agreement. VI. DEDICATION 1. The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town, said water facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances, upon final acceptance of said work by the Town. 2. The Applicant guarantees the work to be free from all failures due to poor workmanship or materials for a period of two years from the final acceptance date by the Town. 3. The Applicant shall not construct any utility, building or other improvement which would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this agreement. 4. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that he will remain responsible for raising/lowering said services as required until the area described in fully developed. 5. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town, and upon acceptance and approval of said work, the Town shall operate and service said facility. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this agreement without prior written consent of the Town. 4 IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto dully authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of this day and year first above whtten. MONTEREY HOMES BY: Signatur~ Please print Name and Title 4742 N. Oracle Road Tucson, AZ 85705 STATE OF ARIZONA) ) SS. COUNTY OF PIMA ) On this, the day of , 2004, before me the undersigned officer, personally appeared ., known to me to be the persons who subscribed the foregoing insmnnent, and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. THE TOWN OF MARANA Notary Public My Commission Expires: BY: Bobby Sutton, Jr. Mayor APPROVED AS TO FORM ATTEST: By: by: Frank Cassidy, Town Attorney Jocelyn C. Bronson, Town Clerk 5 EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] EXHIBIT "B" INCORPORATION BY REFERENCE OF T~ PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] 7 EXHIBIT "C" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction. TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: May 18, 2004 AGENDA ITEM: IX. A. 2 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2004-59: Relating to Water Service; Approving and Authorizing the Execution of the Agreement between the Town of Marana and Pulte Homes Corporation for Construction of Water Facilities Under Private Contract for Continental Reserve Block 16A. DISCUSSION Pulte Homes Corporation desires to install an On-Site Water Facility to provide service to a development known as Continental Reserve Block 16A. Pursuant to an Agreement between the Town of Marana and Pulte Homes Corporation the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Continental Reserve Block 16A. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-59, approving and authorizing the execution of the Agreement between the Town of Marana and Pulte Homes Corporation for Construction of Water Facilities Under Private Contract for Continental Reserve Block 16A. SUGGESTED MOTION I move to adopt Resolution No. 2004-59. BL U Cont. Reserve 16A 05/12/20042.'22 PMAPM MARANA RESOLUTION NO. 2004-59 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND PULTE HOMES CORPORATION FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR CONTINENTAL RESERVE BLOCK 16A. WHEREAS, Pulte Homes CoIporation intends to facilitate the development of property to be called Continental Reserve Block 16A (the "Property"); and WHEREAS, Pulte Homes Corporation desires to arrange for the provision of water service within the Property in connection with development; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Pulte Homes Corporation agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNC1L OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities under Private Contract between the Town of Marana and Pulte Homes Corporation, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED A ND A D OPTED B Y T HE MAYOR AND COUNCIL O F THE TOWN OF MARANA, ARIZONA, this 18th day of May, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040518 Continental Reserve 16A RSO 2004-59 2 APM 05/12/20t34 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this __ day of 2004, by and between the TOWN OF MARANA, hereinafter called the Town, and PULTE HOMES CORPORATION, hereinafter called the Applicant. WlTNESSETH: WHEREAS, the Applicant desires to install a water facility to provide s exv/ce to the following described parcel of land (Block 16A, Continental Reserve) described on Exhibit "A" attached hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: X _(3) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. X .(7) The installation charge for each five-eighth-inch (5/8") meter will be Eleven Hundred Dollars ($1100.00). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: I. GENERAL The Applicant shall design and install, at Applicant's own expense, a water facility in accordance with Plan No. ENG- and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG- shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. Any property connecting onto a water main must have a minimum of fiReen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvemenl/development is taking place on the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is fi'onting the water main, the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted. Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications, approved the location of service lines, and is in full accord therewith. Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not begun. ENGINEERING AND INSPECTION When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. HI. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. PRECONSTRUCTION PROCEDURE The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit. 3. No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable t/me for completion. The work shall be commenced and carried on at such points and in such order as may be directed by the Town. Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. The Applicant s hall, a t Applicant's expense, obtain a 11 necessary permits a nd 1 icenses for work permitted herein, p ay a 11 fees a nd comply with all 1 aws, ordinances a nd regulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade afar paving. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Govemment and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and CounciI, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. VI. DEDICATION The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town said water facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. The Applicant guarantees the work to be free from all failures due to poor workmanship or materials for a period of two (2) years from the final acceptance date by the Town. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fidly developed. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. {}38-511. [The remainder of this page intentionally let;t blank] IN wrrNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of the day and year first above written. PULTE HOMES CORPORATION Applicant By: Signature Title Print Name Street Address City State Zip Code STATE OF ARIZONA) )SS. COUNTY OF PLMA ) On this, the day of , 2002, before me personally appeared , known to me to be the persons who subscribed the foregoing instrument and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: THE TOWN OF MARANA By: Its: APPROVED AS TO FORM ATTEST: By: By: Town Attorney Town Clerk EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF IHE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering fn'm which prepared the same.] EXHIBIT "C" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED I--IERF, UNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction. EXHIBIT "D" ACTUAL COST OF ON-SITE WATER FACILITIES [To be attached at time of completion.] TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: May 18, 2004 AGENDA ITEM: IX. A. 3 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2004-60: Relating to Water Service; Approving and Authorizing the Execution of the Agreement between the Town of Marana and BCIF Group for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for the San Lucas Development. DISCUSSION BCIF Group desires to install Water Facility to provide service to and within a development known as San Lucas. Pursuant to an Agreement between the Town of Marana and BCIF Group the developer will construct water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to the San Lucas development. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-60, approving and authorizing the execution of the Agreement between the Town of Marana and BCIF Group for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for the San Lucas development. SUGGESTED MOTION move to adopt Resolution No. 2004-60. BLUSan Lucas 05/12/20042:21 PMAPM MARANA RESOLUTION NO. 2004-60 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND GCIF GROUP FOR CONSTRUCTION OF POTABLE AND NON-POTABLE WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR THE SAN LUCAS DEVELOPMENT. WHEREAS, BCIF Group intends to facilitate the development of property to be called San Lucas (the "Property"); and WHEREAS, BCIE Group desires to arrange for the provision of water service to and within the Property in connection with development; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, BCIF Group agrees to the construction of water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Potable and Non-Potable Water Facilities and Provisions of Water Utility Service between the Town of Marana and BCIF Group, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED A ND ADOPTED B Y T HE MAYOR A ND COUNCIL O F THE TOWN OF MARANA, ARIZONA, this 18th day of May, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040518 San Lucas RSO 2004-60 2 APM 05/12/2004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF POTABLE AND NON-POTABLE WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE THIS AGREEMENT FOR CONSTRUCTION OF POTABLE AND NON- POTABLE WATER FACILITIES, is entered into by and between the TOWN OF MARANA, ARIZONA, an Arizona Municipal Corporation, ("Marana") and B C I F GROUP, LLC, an Arizona Limited Liability Company (the "Developer"). Marana and the Developer are sometimes collectively referred to as the "Parties". RECITAL WHEREAS, the construction of "Water Facilities" necessary to provide water utility service to the Developer's Property, which is more specifically described on Exhibit "A" attached to and made a part of this agreement (hereinafter the "Property"); and WHEREAS, the Developer owns the Property which is the subject to this Agreement; and WHEREAS, the Developer is desirous of arranging for the provision of water service to and within the Property in connection with development; and WHEREAS, Marana owns and operates a municipal water system, and is experienced in the provision of water service; and W H EREAS, Marana is willing t o s u pply water t o t he Developer i n accordance with the Municipal Code of Marana and the terms of this Agreement. COVENANTS NOW, THEREFORE, the Developer warrants it is legally qualified to do business in the State of Arizona and in consideration of the Recitals set forth above and the mutual covenants, conditions, and agreements set forth below, the Parties agree as follows: San Lucas Water Service Agreement05/10/2004 DEFINITIONS 1.1 Water Facilities: The public water facilities and appurtenances to be constructed under this Agreement and located within public rights-of-way or dedicated easements, and which, upon completion by Developer and inspection and acceptance by Marana, are to be deeded to Marana for operation and maintenance. Water Facilities include but are not limited to water mains, valves, hydrants, pipelines, booster pumps, wells, reservoirs, telemetry, all electrical and other panels, and all other water facilities necessary for potable and non-potable water service to the Property and appurtenant to the municipal water supply system of Marana. 1.2 Work: The design and construction of the Water Facilities as provided in this agreement. CONSTRUCTION OF WATER FACILITIES 2.1 Developer shall design and construct, at Developer's own expense, t he Water Facilities in accordance with approved Plans and Specifications. The approved Plans and Specifications shall (i) conform to the design standards of the City of Tucson Water Department and the Marana Town Water Code, (ii) be sized to and capable of serving the water needs including fire protection for the maximum authorized development on the Property (including all commercial and noncommercial development to be served by Marana), and (iii) designate the point of interconnection referred to in Paragraph 2.6, and (iv) be prepared by a qualified registered professional engineer. A copy of the approved On-Site Plans and Specifications for the Water Facilities is attached as Exhibit "B." (a) The Plans and Specifications shall include, at a minimum: Developer shall convey to Marana one (1) or two (2) potable water well(s), per Phasing Outline Exhibit "C" attached, with each well having a production capacity of not less than seven hundred 700 gallons per minute, which, Developer warrants, equals or exceeds the water production capacity including fire protection requirements needed to serve the Property when fully developed. Developer will drill one (1) or two (2) new well(s) to a depth mutually agreed upon in writing (currently estimated at seven hundred feet (700'), and sixteen inches (16") in diameter within the screened interval, as shown in the Construction Diagram attached as Exhibit "F". In any event, the well(s) to be conveyed to Marana shall be capable of equaling or exceeding the production capacity specified above. The well(s) will be connected with a twelve-inch (12") fill line to the on site storage tank. (ii) Developer shall design and construct at Developer's own expense a separate non-potable distribution system throughout the Property, in complete accordance with Non- Potable distribution Systems plan as submitted by the San Lucas Water Service Agreement05/10/2004 2 Developer and approved by Marana. The non-potable system shall be constructed so as to clearly distinguish the non- potable system from the potable system and be capable of carrying untreated water from any source, such as CAP, groundwater, surface water, effluent or reclaimed water. Developer shall design and construct at Developer's own expense an interconnection of their on site non-potable system to the Marana existing six inch (6") main, from the Amole Wellsite at Adonis Road, using an eight inch (8") main, (b) Developer shall design and construct at Developer's own expense a n interconnection of their on site twelve-inch (12") main to the Marana existing six inch ("6") potable main using an eight inch ("8") main per Exhibit "C" Phasing Outline. Appurtenant facilities to interconnect the non-potable Water System to the Amole Wellsite water system at location specified In Exhibit "G". Unless otherwise mutually agreed and set forth on the Plans and Specifications the non-potable interconnection will terminate at the Marana Amole Wellsite water system. T here shall be no interconnection of potable and non-potable systems. (iv) Developer shall have at each phase, adequate storage for fire protection needs of the Water System and at the Property's build-out which will be equal to or exceed the estimated water usage on the hottest day of the summer, together with two (2) hours of fire flow at one thousand seven hundred fifty (1750) gallons per minute. If Marana is to serve any commercial development on the Property, then three (3) hours of fire flow at one thousand five hundred (1500) gallons per minute is needed. ^ portable self-contained generator of sufficient size to operate the well and 1750 gpm booster station fire pump shall be installed to meet fire code requirements at the start of the final phase per Exhibit "C" Phasing Outline, in the event that rvlarana is not in possession of one or more of said generators at the start of the final phase. Developer shall comply with Article 10, Chapter 2, Title 45, Arizona Revised Statutes governing well drilling, such as securing permits, use of licensed well drillers, filing well logs and meeting well standards. Developer shall perform well testing conforming to the Amedcan Water Works Association Standards (AWWA) for pump tests and shall conduct water quality testing conforming to the standards of the Arizona Department of Environmental Quality (ADEQ) and Pima County of Department of Environmental Quality (PCDEQ) for quality certification of new source wells. Water quality tests shall be sampled during the end of the longest continuing pumping period. San Lucas Water Service Agreement05/10/2004 2.2 2.3 2.4 2.5 2.6 2.7 (c) Developer and Marana recognize that not all Water Facilities may be necessary to service the initial phase or phases of the development proposed for the Property. The phasing is attached to this Agreement as Exhibit "C." The Plans and Specifications for the Water Facilities shall be reviewed and approved in writing by Marana, ADEQ and PCDEQ before issuance of any Water Facilities construction permits by Marana. No work shall commence until Marana has issued a Water Facilities construction permit. The water production and storage facilities as specified in the Plans and Specifications shall be (i) constructed, (ii) issued a certificate to operate by ADEQ or PCDEQ, and (iii) accepted by Marana prior to Marana issuing Developer a Certificate of Occupancy for any residential or commercial unit, subject to the phasing as provided for in Paragraph 2.1(c) above The Water Facilities shall be constructed by a contractor properly licensed by the state of Arizona and in accordance with the Plans and Specifications. The location in the ground and manner of installation shall comply with the requirements of all public agencies having authority to prescribe regulations with respect to the location and manner of installation. Applicant shall obtain all necessary permits and licenses, pay all fees and comply with all laws, ordinances and regulations related to the public health, safety, welfare and construction of the Water System. All materials shall be new and both the workmanship and materials shall be of good quality and shall meet the combined specifications and standards of (a)AWWA, (b)ADEQ, (c) PCDEQ, (d) all applicable local regulatory agencies, and (e) the plans and specifications "Developer" shall repair, or remove and replace, at Developer's own expense and at Marana's convenience, workmanship or materials which do not meet the described criteria or which prove to be defective at any time within one year from the date of the final acceptance of Applicant's work by Marana. Upon completion by Developer and acceptance by Marana, of the Water Facilities, Developer shall dedicate the Water Facilities and Water System to Marana, without cost to Marana, and Marana shall thereafter operate and maintain the Water Facilities as an integral part of its municipal water utility. The Water Facilities constructed pursuant to this Agreement shall provide a point of connection to Marana's existing water facilities at the point directed by Marana for Service Area requirements. After Marana begins providing water service to the Property, the Developer shall comply with all requirements and obligations imposed on water customers by the Marana Town Code, including without limitation the requirements and obligations set forth in Town Code Articles 14-6 and 14-7 as they may be amended from time to time. Developer shall comply with the inspection and testing requirements of ADEQ, PCDEQ, and Marana for the facilities to be constructed hereunder, PROVIDED HOWEVER, said requirements shall be reasonable and shall San Lucas Water Service Agreement05/10/2004 2.8 2.9 2.10 not cause Developer unwarranted delays in the ordinary course of construction. Developer shall promptly notify Marana when the Water Facilities under construction are ready for inspection and testing; and upon 24 hours written notice to Marana, Marana shall thereafter inspect the same promptly after being so notified. For the purpose of inspection and testing of everything covered by this Agreement, or performance of the Work, Developer shall give Marana and any inspectors appointed by it free access to the construction site and facilitate the proper inspection of such materials, including procurement data, a nd s hall furnish them with full information about the work whenever requested. The approval of the Work by an inspector shall not relieve Developer from its obligation to comply in all respects and complete the work in compliance with the plans and specifications and in accordance with the best practices. Developer agrees that no inspection by or on behalf of Marana shall relieve Developer from its obligation to do and complete the Work in accordance with this Agreement. At any time before the final completion and acceptance of the Work, if any part of the Work is found to be defective in any way or in any way fails to conform to this Agreement, Marana is hereby expressly authorized to reject or revoke acceptance of such defective or deficient Work and require Developer to repair, replace, o r make good on such defective Work. Marana specifically reserves the right to withhold approval and to forbid connection of the Water Facilities constructed pursuant to this Agreement to Marana's water utility system unless they have been constructed in accordance with the Plans and Specifications and are satisfactory to Marana upon inspection and testing. Developer agrees that it will promptly correct all defects and deficiencies in construction, materials, and workmanship upon request by Marana. If Developer makes (or desires to make) any material changes to the design of the Water Facilities as shown on the Plans and Specifications, Developer shall obtain Marana's prior written consent, review material changes or modifications, pay Marana a reasonable fee, and pay the additional cost of construction associated with the material changes or modifications. Within thirty (30) days after completion of construction, Developer agrees to furnish Marana, copies of all Developer, subcontractor, vendor and all others invoices for all engineering and other services, materials purchased, materials installed, construction performed, equipment provided and all else done directly in connection with construction pursuant to this Agreement at the actual cost thereof. Developer shall obtain to the satisfaction of Marana lien waivers and releases from all third parties providing labor, materials or services hereunder. Developer hereby irrevocably waives a ny rights i t m ay now have or which it may acquire during the course of this Agreement to record liens against Marana or its property. Developer shall also pay, satisfy and discharge all mechanics', material men's and other liens, and all claims, obligations and liabilities which may be asserted against Marana or its property by reason of, or as a result of, any acts or omissions of Developer, its employees, agents, servants, suppliers, or San Lucas Water Service Agreement05/10/2004 5 2.11 2.12 2.13 2.14 subcontractors, or the employees, agents, servants or suppliers of its subcontractors, in connection with or relating to the performance of this Agreement. Within thirty (30) days after completion of construction, Developer shall furnish Marana, "as-built" drawings in both written and electronic format certified as to correctness by an engineer registered in the State of Adzona showing the locations of a II water mains, hydrants, valves, a nd service connections to all structures served from the water facilities constructed pursuant to this Agreement. All activities associated with or comprising the Work required under this agreement shall be undertaken by the Developer at its own risk until the Water Facilities are fully completed and accepted by Marana. In case of accident, destruction or injury to the Water Facilities before final completion and acceptance of the Water Facilities, the Developer shall promptly and at its own expense replace or repair the Water Facilities injured, damaged or destroyed to the satisfaction of Marana. Developer hereby assumes all of the responsibility and liability for injury or death of any person, or loss for damage to any property contributed to or caused by the negligence of Developer, its agents, servants or employees in the execution of and performance of the activities and Work contemplated or in connection with this agreement. Accordingly, Developer shall indemnify, appear, defend and hold Marana and its elected officials, employees, agents and consultants (the "Town") harmless from and against claims (except and to the extent that the same are caused or contributed to by the Town) or expenses, including penalties and assessments, to which they or any of them may be subject to by reason of such injury, death, loss, claim, penalty, assessment or damage, and in case any suit or other proceeding which shall be brought on account thereof, Developer shall assume the defense of the Town at Developer's expense and shall pay all judgments rendered therein. (a) Marana hereby assumes all of the responsibility and liability for injury or death of any person, or loss for damage to any property contributed to or caused by the negligence of the Town caused by Marana's interconnection of the Water Facilities to any off-site water facilities, and, in that event, Marana will indemnify, appear and defend and hold Developer harmless from and against claims, (except and to the extent that the same is caused or contributed to by Developer, its employees, agents and consultants) or expenses, including penalties and assessments, to which they or any of them may be subject to by reason of such injury, death, loss, claim, penalty, assessment or damage, and in case any suit or other proceeding which shall be brought on account thereof, will pay all judgments rendered therein. Developer shall procure and maintain all of the insurance policies described below and shall cause Marana to be endorsed as an "additional insured" thereon, including insurance covering the obligations assumed by San Lucas Water Service Agreement05/10/2004 2.15 2.16 2.17 2.18 Developer under subparagraphs (a), (b) and (c) of this paragraph. Coverages shall be in amounts adequate to cover the risk commensurate with the Work. Certificates evidencing the insurance and coverage of Marana a s "additional insured" s hall b e provided to Marana prior to the start of the work. (a) Worker's compensation and occupational disease and disability compensation in the benefit amounts as required by the laws and regulations of the State of Arizona; (b) Comprehensive general liability insurance, including operations and protective liability coverages. When the work to be performed requires blasting, Developer's insurance shall specifically cover that risk; and (c) Comprehensive automobile liability insurance covering all owned and non-owned automobiles and trucks used by or on behalf of Developer, in connection with the work. For the purposes of this paragraph, the previsions of Marana Code §14-3- 7 and any successor or amendatory previsions are incorporated as though set forth in full here and Developer, is the Customer. Developer shall provide to Marana recordable easements and required surveying over, under, and across a II portions o f t he main a nd pipeline routes a s may be. necessary to serve each parcel or lot within the Property. If development of the Property involves road construction, all roads and drainage ways will be brought to grade by Developer prior to the commencement of the Work. No pavement or curbs shall be installed prior to completion of the Work. Developer shall install, to Marana specifications, automated meters, sensors, and the other necessary equipment for automated meter reading for all water services on the Property. For the purposes of this paragraph, the provisions of Marana Code §14-3-6 and any successor or amendatory provisions are incorporated as though set forth in full here and Developer is the Customer. Provided that Developer is in compliance with this subparagraph, Marana agrees to waive any water connection or meter installation fees for new connections within the Property. No permanent structures (i.e., masonry walls, fences, etc.) shall be constructed on or through a water easement without the express written consent of Marana. For the purposes of this paragraph, the provisions of Marana Code §14-3-7 and any successor or amendatory provisions are incorporated herein as though set forth in full here and Developer is the Customer. All materials installed, Water Facilities constructed and equipment provided by Developer in connection with the Work and the completed facilities as installed shall, become the sole property of Marana upon Marana's written acceptance of the same, and full legal and equitable title thereto shall then be vested in Marana, free and clear of any liens, without San Lucas Water Service Agreement05/10/2004 2.19 2.20 2.21 the requirement of any written document of transfer to Marana or further acceptance by Marana. Developer shall execute or cause to be executed promptly such documents as Marana may request to evidence such conveyance of good a nd merchantable title t o s aid Water Facilities free and clear of all liens. Upon request by or direction from Marana, Developer shall, at Developer's sole cost and expense, make any and all alterations to any existing water distribution system, either on-site or off-site, necessitated by paving, drainage, or other improvements caused by the development of the Property. Developer shall pay for all costs of operating, repairing, replacing and maintaining the Water Facilities that exceed the revenues generated through Marana's prevision of water service to the Property, until a rate analysis methodology has been adopted, mutually accepted, and performed by Marana showing that the Water Facilities and Water System are financially self-sustaining. Marana shall perform such analysis not less than annually and inform Developer regarding the results thereof. Marana shall collect connection charges and installation charges for each potable and non-potable connection made on the Property in accordance with Marana Town Code, Paragraph 14-7-2, as amended from time to time. In consideration of Developer's construction of the Water Facilities and Water System necessary for Marana to provide water service to the Property, and if developer is not the home builder, Marana will reimburse Developer a portion of the connection charges actually collected by Marana for each initial potable connection made within the Property as follows: (a) Five Hundred Dollars ($500) for each 5/8" x 3/4" meter and larger size meters up to and including two-inch (2") meters; (b) The connection charge actually collected by Marana for each meter larger than two inches (2"), less costs incurred by Marana in making the connection (such as meter cost, labor, materials, etc.), but not included within a separate installation charge actually collected by Marana for the installation of the connection. (c) In no event shall this reimbursement obligation (i) apply to any installation and connection fee collected during any period which Developer is in breach of this Agreement, (ii) exceed a cumulative amount of Five Hundred Thousand Dollars ($500,000) (iii) exceed the amount actually paid to Marana as connection charges, less any cost actually expended by Marana for materials and labor (e.g., the cost of the meter, labor, materials, etc.) above installation charges collected by Marana as a condition to Marana making potable water service available for the first time to the property line of each parcel for which the connection charge was paid or (iv) apply to any non-potable meters installed on the Property. San Lucas Water Service Agreement05/10/2004 = (d) Marana shall make reimbursement payments due to Developer pursuant to this Subparagraph 3.4 on or before January 31 and July 31 of each year for the period ending December 31 and June 30 respectively. The obligation to mak~ reimbursements will automatically terminate on the tenth (10"') anniversary of this Agreement, subject to the continuing obligation to pay to Develop,gr any. reimbursements accrued, but unpaid, as of the tenth (10"') anniversary. SECURITY REQUIREMENT 3.1 In accordance with Adzona Revised Statutes and the Marana Municipal Code, this Agreement is contingent upon Developer furnishing Marana with such security as may be appropriate and necessary, as determined by the Marana Utility Director, to assure Marana that Developer will perform the work and all other obligations now existing or accruing under this Agreement. WATER SERVICE; WATER RIGHT 4.1 For the purposes of this paragraph, the provisions of Marana Code §14-5 and any successor or amendatory provisions are incorporated herein as though set forth in full here and Developer is the Customer. Marana shall be under no obligation to provide water utility service to Developer or the Property until each and every condition of this Agreement has been met and satisfied. Marana agrees that upon receipt of ail applicable approvals and satisfaction of all of Developer's obligations under this Agreement that it will then provide water utility service as requested to and within the Property in accordance with its rules, regulations and ordinances governing such water service, as such rules, regulations and ordinances may, from time to time, be amended. Commencement of service to the Property by Marana shall not waive any obligation of Developer under this Agreement nor preclude Marana from withholding or terminating water service to Developer, the Property or any portion thereof until the Developer is in full compliance with this Agreement. 4.2 Developer shall assign to Marana, as a condition of Marena providing water utility service, every portion of its Irrigation and Type 1 Nonirrigation Grandfathered Groundwater Rights, as those terms are defined by law, as may be appurtenant to lands conveyed and dedicated to Marana in connection with the development of the Property. Developer shall to execute and deliver all forms necessary to affect the transfer of these water rights to Marena concurrently with such dedication, pursuant to the projects phasing. 4.3 Marana will provide t he State o f Arizona Designation o f Assured Water Supply status for the Property upon acceptance of the Property into Marana's service area by the Central Arizona Groundwater Replenishment District (CAGRD). Developer shall execute any agreements and file such covenants and restrictions, as Marana may deem appropriate to include the Property in Marana's CAGRD service San Lucas Water Service Agreernent05/10/2004 9 = area. Without limiting in any manner Marana's right to specify the terms and conditions governing future water service to the property, but, as a condition precedent to the property's right to receive water service from Marana, the owner(s) of the Property shall pay all groundwater replenishment fees and costs incurred in providing water service to the Properb/.. Marana, in its sole discretion, may determine the method of recovenng such replenishment fees and costs including, without limitation, through the property tax bill, the water bills, and/or the impact fees of those customers living within the Property. TERMINATION OF AGREEMENT 5.1 If Developer does not complete all of the work within two (2) years from the start of each phase, as agreed on in Exhibit "C" hereof, this Agreement shall be null and void, canceled and of no further force and effect, except to the extent Marana in its sole discretion either (i) extends this time period in writing or (ii) accepts all or a portion of the Water Facilities, in which case this Agreement shall remain in full force and effect for the extension period or as to the Water Facilities accepted by the Town; provided, however, no reimbursements will be paid pursuant to Subparagraph 3.4 hereof. 5.2 This agreement is subject to A.R.S. § 38-511, which provides for cancellation of agreements in certain instances involving conflicts of interest. Cancellation under this Paragraph by Marana shall be effective when written notice from Marana is received by Developer unless the notice specifies a later time. In addition to the right to cancel as provided herein, Marana may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of Marana from Developer arising as the result of this Agreement. INDEMNIFICATION 6.1 With respect to the Water Facilities and Water System constructed pursuant to this Agreement, for a period of one (1) year following Marana's acceptance of the facilities to be dedicated to Marana hereunder, Developer shall indemnify, appear, defend and hold harmless Marana and its employees from and against any and all claims or causes of action which may be asserted against Marana for negligent design or construction of the Water Facilities, and from claims that may be asserted against Marana for inadequate fire protection capacity arising from the negligence of Developer or its employees or agents. 10 San Lucas Water Service Agreement05/10/2004 NOTICE 7.1 Communications hereunder shall be sent to the parties at the following addresses or to such other addresses as the parties may advise in writing: To Marana: With copy to: and copy to: To Applicant: C. Brad DeSpain Utilities Director 5100 N. Ina Rd. Tucson, AZ 85743-9746 Mr. Frank Cassidy, Esq. Town Attorney 13251 N Lon Adams Rd Marana, AZ. 85653 Martinez & Curtis, P.C. Attn: William P. Sullivan 2712 N. 7th Street Phoenix, Arizona 85006-1090 With a copy to: SEVERABILITY 8.1 If any portion of this Agreement is determined to be invalid, such invalidity shall not render void any remaining portions of this Agreement, which can be given effect, and they shall remain in force and effect. 9. ASSIGNMENT 9.1 This Agreement shall be binding upon and benefit the heirs, administrators, executors, successors and assigns of the parties. 10. MISCELLANEOUS 10.1 This instrument (i) implements Paragraph 2.3 of the Development Agreement between Marana and B C I F Group, LLC dated , (the "Development Agreement"), (ii) contains the sole a nd only agreement of the parties relating to the subject matter of San Lucas Water Service Agreement05/10/2004 11 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 this Agreement, and (iii) correctly sets forth the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth in this Agreement are of no force and effect. This instrument contains the entire agreement between the parties, and it shall not be amended, altered or changed, except by written agreement signed by the parties. All executed agreements shall remain on file in Marana offices and shall be made available for public review upon request. This Agreement is entered into under and shall be governed by the laws of the State of Arizona. This Agreement has been arrived at by negotiation and shall not be construed against any party to it or against the party who prepared the last draft. Captions and headings are for index purposes only and shall not be used on construing this Agreement. THIS AGREEMENT SHALL BECOME EFFECTIVE AND BINDING UPON APPROVAL BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA. The remedies provided in this Agreement in favor of Marana shall not be deemed its exclusive remedies but shall be in addition to all other remedies available to the Parties at law or in equity. [No waiver by Marana of any breach by Developer of any provision of this Agreement nor any failure by M arana to insist on strict performance by Developer of any provision of this Agreement shall in any way be construed to be a waiver of any future or subsequent breach by Developer or bar the right of Marana to insist on strict performance by Developer of the provisions of this Agreement in the future.] Developer is an independent contractor and not an agent or employee of Marana. This Agreement, and all rights and obligations under this agreement, shall be subject to all provisions of the Municipal Code of the Town of Marana and all applicable rates, fees, charges and tariffs of the Marana Water Utility as approved by the Mayor and Council of the Town of Marana now or as they may be changed and approved by the Mayor and Council of the Town of Marana in the future. San Lucas Water Service Agreement05/10/2004 12 IN WITNESS WHEREOF, the parties have hereunto set their hands theday and year first above written. TOWN OF MARANA By: Bobby Sutton Jr. Its: Mayor APPROVED AS TO FORM ATTEST: By: By: Town Attorney Town Clerk DEVELOPER By: Its: ACKNOWLEDGMENT STATE OF ARIZONA COUNTY OF of ) Thisinstrument was acknowledged before me this day of ,2004, by as as Developer. day of My Commission Expires: Notary Public San Lucas Water Service Agreement05/10/2004 13 EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please attach the location map of the development behind this cover sheet.] San Lucas Water Service Agreement05/10/2004 14 EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the Water Facilities Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm, which prepared the same.] 15 San Luces Water Service Agreement05/10/2004 EXHIBIT "C" PHASING ON-SITE WATER DISTRIBUTION SYSTEM Phase 1 Phase 1 shall consist of Blocks 1, 2, 3, 8, 9, and 10. The quantity of residential lots in phase 1 is estimated to be 456 units. Well #1 Booster Plant and fire ramp storage, as described herein, shall adequately supply phase 1. Potable and non-potable water distribution systems shall be in place within the spine roads according to plans accepted by Marana. Interconnection per Exhibit "G" shall be completed. Phase 2 4. Phase 2 shall consist of blocks 4, 5, 6, and 7. The quantity of residential lots in phase 2 is estimated to be 248 units. Well #2 shall be required prior to occupancy of the first unit in phase 2, unless Marana has possession of a well which satisfies all Marana requirements. Potable and non-potable water distribution systems shall be in place within the spine roads according to plans accepted by Marana Fire Protection. Phase 3 1, 2. 3. 4. Phase 3 shall consist of Blocks 11 and 12. The quantity of residential lots in phase 3 is estimated to be 135 units. No additional well or storage improvements required. Potable and non-potable water distribution systems shall be in place within the spine roads according to plans accepted by Marana Fire Protection. San Lucas Water Service AgreementO5/10/2004 16 EXHIBIT "D" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER [Please attach a line-by-line itemized breakdown of The Estimated Cost of the Water Utility Facilities to be installed in accordance with this Agreement behind this cover sheet] 17 San Lucas Water Service Agreement05/10/2004 EXHIBIT "E" ACTUAL COST OF WATER FACILITIES [To be Attached Forthwith Upon Issuance of Same.] San Lucas Water Service Agreement05/10/2004 18 TOWN COUNCIL ~ MEETING TOWN OF MARANA INFORMATION MEETING DATE: May 18, 2004 AGENDA ITEM: IX. A. 4 TO: MAYOR AND COUNCIL FROM: SUBJECT: Tom Ellis, Parks Superintendent Resolution No. 2004-63: Relating to Parks and Recreation; Approving the naming of the arena located at Postvale Road and the Frontage Road the Marana Western Heritage Arena DISCUSSION The arena is located on the corner of Postvale Road and the Frontage Road. This land was leased to the Town by the Marana Unified School District in an Intergovernmental Agreement dated January 21, 2003. It is currently being used by the Town of Marana and the Marana Western Heritage Committee for timed rodeo events. RECOMMENDATION Upon the approval of Council, the arena will be named the Marana Western Heritage Arena. SUGGESTED MOTION I move to approve Resolution No. 2004-63. State Legislative Issues MAR/JCB 05/13/2004/8:43 AM MARANA RESOLUTION NO. 2004-63 RELATING TO PARKS AND RECREATION; APPROVING THE NAMING OF THE ARENA LOCATED AT POSTVALE ROAD AND THE FRONTAGE ROAD THE MARANA WESTERN HERITAGE ARENA WHEREAS, the Town has been a party to an Intergovernmental Agreement with Marana Unified School District since January 21, 2003 relating to the use of the property located at the comer of Postvale Road and the Frontage Road; and WHEREAS, the Town has since built an arena on the property mentioned above and it should so be named the Marana Western Heritage Arena; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Marana, Arizona, do hereby accept and authorize the naming of the arena located on the comers of Postvale Road and the Frontage Road the Marana Western Heritage Arena. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of May, 2004 ATTEST: MayorBOBBYSUTTON, JR. JocelynC. Bronson, TownClerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2004-63 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: May 18, 2004 AGENDAITEM: IX. A. 5 TO: FROM: SUBJECT: MAYOR AND COUNCIL Michael A. Reuwsaat, Town Manager Resolution No. 2004-64: Relating to Water; Supporting Operation of the Yuma Desalting Plant DISCUSSION The Central Arizona Project, through a federal obligation, is required to provide Mexico with 100,000 acre feet of water. Currently, the Wellton-Mohawk Irrigation and Drainage District is providing water to Mexico without charge against Mexico's entitlement to Colorado River water. Built in 1990 under Title I of the Colorado River Basin Salinity Control Act, the Yuma Desalting Plant was never used because of the abundance of water available through the Colorado River and/or Lake Mead. There now exists a drought that will affect the ability to store and provide drinking water to Arizona's population and still provide water to Mexico under the federal mandate. Activating the Yuma Desalting Plant to treat drainage water that could be discharged into the Colorado River for use by Mexico under its treaty entitlement would meet the national obligation and conserve water supplies for Arizona's entitlement of Colorado River Water RECOMMENDATION Staff recommends adoption of the resolution regarding the activation of the Yuma DeSalting Plant. SUGGESTED MOTION move to approve Resolution No. 2004-64. State Legislative Issues M~tR/JCB 05/12/2004/2:14 PM MARANA RESOLUTION NO. 2004-64 RELATING TO WATER; SUPPORTING OPERATION OF THE YUMA DESALTING PLANT. WHEREAS, the Town of Marana ("Town") is a political subdivision of the State of Arizona, and is a rapidly urbanizing municipality in Pima County, Arizona, located in the Tucson Active Management Area designated by the Statutes of Arizona; and WHEREAS, the Town is dependent on one of the largest sole source drinking water groundwater aquifers for its supplies of water unless water supplies are supplemented by Arizona's entitlement to Colorado River Water received from the Central Arizona Project; and WHEREAS, increased Colorado River water storage in Lake Mead is critical to providing adequate supplies to the citizens of Marana; and WHEREAS, the United States is currently bypassing an average of more than I00,000 acre-feet of drainage water per year fi.om the Wellton-Mohawk Irrigation and Drainage District to Mexico without charge against Mexico's entitlement to Colorado River water under Mexico's 1944 Treaty with the United States and replacing it with Colorado River Water; and WHEREAS, the United States is required, as a national obligation under the Colorado River Basin Salinity Control Act to replace these bypassed flows and thereby conserve Colorado River water for use in the United States; and WHEREAS, Title I of the Colorado River Basin Salinity Control Act authorized the con- struction and operation of the Yuma Desalting Plant as the method for treating the drainage water so that the water could be discharged into the Colorado River and charged against Mexico's treaty entitlement; and WHEREAS, the Colorado River basin and all of Arizona is suffering from a period of drought and each year that passes without operation of the Yuma Desalting Plant reduces the amount of water stored in the Colorado River reservoirs by an amount equivalent to the bypassed flows, thereby increasing the risk of water and electric supply shortages; and WHEREAS, the Town of Marana and its citizens rely on sound water management and development policies, and in particular rely upon the Colorado River water stored in Lake Mead and delivered by the Central Arizona Project for a significant portion of its municipal water supplies; and WHEREAS, it is in the best interest of the entire State to have the benefit of the Yuma Desalting Plant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the United States undertake all efforts necessary to operate the Yuma Desalting Plant for the purpose for which it was constructed pursuant to the Colorado River Basin Salinity Control Act. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of May, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM; Frank Cassidy, Town Attorney FJC/cds RSO 040510 Yuma Desalter.doc -2- TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: May 18, 2004 TO: FROM: SUBJECT: AGENDA ITEM: IX. A. 6 MAYOR AND COUNCIL Kevin Kish, Interim Planning Director Resolution No. 2004-68: Relating to Subdivisions; Approving a Final Plat for Twin Peaks Highland. DISCUSSION Fhis application is for a 119-unit single-family subdivision on 29.78 acres within the Pima Farms North Subdivision, located west of Silverbell Road between Twin Peaks Road and Coachline Boulevard. The first Preliminary Plat was approved by Town Council on February 4, 2003. The Revised Preliminary Plat was approved by Town Council February 17, 2004. The existing land use designation is MDR (Medium Density Residential) per the Pima Farms North Specific Plan. The developer is proposing a density of 4.0 RAC which corresponds to a typical lot size of 6,000 square feet. Total miles of public streets are 0.82 miles. Maximum building height will be 24' or two-stories. There will be no two-story homes along Silverbell Road, and no two-story homes on comer lots within the development. This subdivision will be subject to Ordinance No. 2004.04, Design Standards. The rear 25' of lots 5 - 20 is designated as conservation area. No building, grading, or improvements will be allowed in this area, with the exception of view fencing. A recreation plan has been submitted for this project, and has been accepted by Marana Parks and Recreation. The Plat is subject to the Marana South Transportation Benefit Area impact fee. These impact fees will be collected at the time of building permitting. RECOMMENDATION Staff recommends approval of Resolution No. 2004-68, approving a Final Plat for Twin Peaks Highlands. SUGGESTED MOTION I move to approve Resolution No.2004-68. 051804 051804 Twin Peaks Highland Final Plat.doc 05/07/04 MARANA RESOLUTION NO. 2004-68 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE FINAL PLAT FOR PRV-03133, TWIN PEAKS HIGHLAND, SUBMITTED BY D. R. HORTON FOR A ! 19-LOT SINGLE FAMILY DETACHED HOME SUBDWISION ON 29.78 ACRES LOCATED WITHIN THE PIMA FARMS NORTH SPECIPIC PLAN, LOCATED WEST OF SiLVERBELL ROAD, BETWEEN TWIN PEAKS ROAD AND COACHLINE BOULEVARD, IN A PORTION OF SECTION 20, TOWNSHIP 12 SOUTH, RANGE 12 EAST. WHEREAS, D.R. Horton is the owner of 29.78 acres within the Pima Farms North Specific Plan, generally located in a portion of Section 28, Township 12 South, Range 12 East, and has applied for approval of a Final Plat for 119 lots on 29.78 acres; and WHEREAS, the Marana Town Council has heard the project at the regular Town Council meeting, May 18, 2004 and has determined that the Final Plat for PRV-03133 Twin Peaks Highland should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the Final Plat, submitted by D. R. Horton for a 119-lot single family detached home subdivision on 29.78 acres located west of Silverbell Road, between Twin Peaks Road and Coachline Boulevard is approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of May, 2004. ATTEST: Mayor BOBBY SUTTON JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney Marana Resolution No. 2004-xx MARAN& ,.~.-,~./1 ',. TOWN OF 3L~RANA Planning and Zoning Department 3696 W. Orange Grove Road + Tucson. AZ 85741 (520) 297-2920 Fax: (520) 297-3930 PLANNING & ZONING APPLICATION PreIiminary Plat Final Plat Development Plan Landscape Plan Native Plant Permit Assessor's Parcel Number(s) Gross .-M'ea (Acre/Sq. Ft.) Development/ Proiect Name Project Location Description of Project Propen3' Owner Street Address Contact Person App~cant S. tr eet Address Agent/Representative Street Address 1. TYPE OF APPLICATION [Check One) ~1 General Plan Amendment UI Variance 2~ Specific Plan Amendment ~ Conditinnai Use Permit ~n Rezone ~ Other ZI Significant Land Use Change 2. GENE1L&L DATA REQUIRED ; {~ "~ 0 I -~ IO ! General Plan Designation Current Zoning ] }r~ it'~ ~C l, ~ q '~, S~O~ ] (To be confirmed by s:afft P*~S ~4~' {4Jff/,/~/ IPr°p°sedZ°ning mlo~ (-a./rn;lu dd-ac./ ed rJwt/h.as--/lq. ,d , ] , Cie.' i Zip Code Phone Number Fax ~umber ~-Mail Address Zip Code I Ph~ Number ] Fax Number ; E-Mail Address Zip Cod.' Phone Number 3-e ,c4 e. dce. Fax Number E-Mail Address I, the undersigned, certi$, that all &the facts set forth in this application are tree to the best of my knowledge and that I am either the mvner of the property or that I have been authorized in '~tin~ by lhe 9whet to file this application. (If not owner of record, attach written authorization from the owner.), ~----~ -,~ /z-o 9' Print Name of Applicant/A~ent Si~ature FOR OFFICE USE ONLY Receipt No. Fee Amount Date MARANA TOWN OF MARANA Twin Peaks Highland PRV - 03133 Request for approval of a 119 - lot single-family subdivision on 29.78 acres, located west of Silverbell Road between Twin Peaks Road and Coachline Boulevard. ill"l ~0 TOWN COUNCIL ~ MEETING TOWN OF MARANA INFORMATION MEETING DATE: May 18, 2004 AGENDA ITEM: IX. A. 7 TO: FROM: SUBJECT: MAYOR AND COUNCIL Jane Howell Request for Additional Planning Staff DISCUSSION Planning activities continue t o increase as various developments a re brought t o t he T own for approval. The Planning Department has not added staff for the past four years. The result has been an increase in the amount of time it takes for processing development plans and a concomitant reduction in the staff's ability to focus on customer service to the level desired. In addition, additional support is necessary to fulfill technical environmental review and implementation requirements. A request for an additional Planner I, with an environmental focus, and a planning technician has been tentatively approved for FY 2004-2005. The Planning Technician will assist citizens and developers with questions they may have regarding rezoning, associated restrictions and procedures for submitting development review plans, rezoning and variances, among other duties of support. The Planner I will focus on the environmental issues associated with development within the Town and the implementation of the mitigation programs. Staff requests approval for these positions now. Fiscal impact would be: Planner 1:$33,706 minimum +$10,112 benefits + $3,000 work station = $46,818 Planning Technician: $27,222 + $8,167 + $3,000 work station = $38,389 Estimated Total Impact + $85,207 RECOMMENDATION Staff recommends approval of two additional staff, Planning Technician and Planner 1- Environmental, to be hired as soon as possible. SUGGESTED MOTION move to approve the hiring of a Planning Technician and a Planner 1. Additional Planning Staff 2/24/2004 1:33 PM NJH TOWN COUNCIL ~ MEETING TOWN OF MARANA INFORMATION MEETING DATE: May 18, 2004 AGENDA ITEM: IX. A. 8 TO: FROM: SUBJECT: MAYOR AND COUNCIL Harvey Gill, Public Works Director Proclamation regarding Public Works Week DISCUSSION This item commemorates the Public Works Department and its role in serving the community. No recommendation is needed. None required. RECOMMENDATION SUGGESTED MOTION Proclamation Municipal Clerk MAR/JCB 05/12/2004/2:19 PM Proclamation Public Works Week WHEREAS, the Marana Department of Public Works is committed to providing service by consistently delivering and maintaining reliable, safe, public facilities with a productive, respectful and ethical work force; and WHEREAS, the people of public works are focused on our community 24/7; and WHEREAS, the quality of life and economic health and development of the community is improved by the actions of public works; and WHEREAS, the people of public works are revered guardians of the community; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff the Public Works Department is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, the Mayor and Council of the Town of Marana do proclaim May 16 through May 22, 2004 To be PUBLIC WORKS WEEK In the Town of Marana, and encourage all of our citizens and civic organizations to accluaint themselves with the issues involved in providing our public works and to recognize the contributions made by public works officials every day to enhance our health, safety, comfort and quality of life. Dated this 18th day of May, 2004. Bobby Sutton, Jr., Mayor TOWN COUNCIL ~ MEETING TOWN OF MARANA INFORMATION MEETING DATE: May 18, 2004 AGENDA ITEM: IX. B. 1 TO: MAYOR AND COUNCIL FROM: SUBJECT: Dick Gear, Community and Economic Development Director Public Hearing - LDS Annexation: Relating to Annexation; Consideration of the Town of Marana's desire to annex approximately 2830 acres in the vicinity of the Pima/Pinal boundary in northwest Marana. This property lies within Sections 34 and 35, Township 10 South, Range 10 East, and Sections 2,3,4,5,8,9,10,11,14,15,16 and 17, Township 11 South, Range 10, Gila and Salt River Meridian. DISCUSSION Pursuant to filing a blank petition with the Pima County Recorder's Office, this Public Hearing is mandated by State Statutes to be held within thirty days following such filing. All owners of real and personal property within the annexation area have been notified of this hearing, and have been given the opportunity to address the Mayor and Council with their concurrence or objections to this annexation. RECOMMENDATION No action is required - Public Hearing. SUGGESTED MOTION No action required. BLU LDS Annexation.doc LEGAL DESCRIPTION LDS ANNEXATION TO THE TOWN OF MARANA POKTIONS OF SECTIONS 34 AND 35, TOWNSHIP 10 SOUTH, RANGE I0 EAST, GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA AND SECTIONS 2, 3, 4, 9, 10 AND I1 AND PORTIONS OF SECTIONS 5, 8, 14, 15, 16 AND 17, TOWNSHIP 11 SOUTH, RANGE 10 EAST, GILA AND SALT RIVEK MEKIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 11 SOUTH, RANGE 10 EAST, SAID NORTHWEST CORNER BEING AN ANGLE POINT IN THE MARANA TOWN LIMITS AS DESCRIBED IN ORDINANCE NO. 2001-19, RECORDED IN DOCKET 11657 AT PAGE 2167, RECORDS OF SAID PIMA COUNTY; THENCE SOUTHERLY, ALONG~THE WEST LINE OF SAID SECTION I AND SAID MARANA TOWN LIMITS, TO THE SOUTHWEST CORNER OF SAID SECTION 1 AND THE NORTHWEST CORNER OF SECTION 12; THENCE SOUTHERLY, ALONG THE WEST LINE OF SAID SECTION 12 AND CONTINUING ALONG SAID MARANA TOWN LIMITS, TO THE SOUTHWEST CORNER OF SAID SECTION 12 AND THE NORTHWEST CORNER OF SAID SECTION 1.3; THENCE SOUTHERLY, ALONG THE WEST. LINE OF SAID SECTION 13 AND CONTINUING ALONG SAID TOWN LIMrrs, TO THE SOU'I~ RIGHT-OF-WAY LINE OF HARDIN ROAD AS SHOWN IN BOOK' 4 OF I~OAD MAPS AT PAGE 75, SAID SOUTH RIGHT-OF-WAY LINE BEING PAP, AT J.RT. ~1'11-I AND 30.00 FEET SOUTHERLY OF THE NOKTH LINE OF SECTION 14; THENCE WESTERLY, ALONG SAID SOU2~ RIGHT-OF-WAY LINE AND DEPARTING SAID MARANA TOWN LIMITS, TO THE WEST LINE OF SAID SECTION 14 AND TI-rE EAST LINE OF SECTION 15; THENCE WESTERLY, CONilNUING ALONG THE SOUTH RIGHT-OF-WAY LINE OF HARDIN ROAD AS DESCRIBED IN ROAD PROCEEDINGS NO. 698, TO THE WEST LINE OF SAID SECTION 15 AND THE EAST LINE OF SECTION 16, SAID SOUTH RIGHT-OF- WAY LINE BEING 30.00 FEET SOUTHERLY OF AND PARALLEL ~/£rH THE NORTH LINE OF SAID SECTION 15; THENCE WESTERLY, CONTINUING ALONG SAID SOLrI~ RIGHT-OF-WAY LINE, TO THE WEST LINE OF SAID SECTION 16 AND THE EAST LINE OF SECTION 17; THENCE WESTERLY, CON22NUING ALONG A LINE 30.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 17 A DISTANCE OF 30.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF AGUIRRE ROAD AS SHOWN IN BOOK 4 OF KOAD MAPS AT PAGE 2; THENCE NORTHERLY, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 30.00 FEET TO THE NORTH LINE OF SAID SECTION 17 AND THE SOUTH LINE OF SECTION 8; S:kIOBSk3592~3592-1115'~DSANNEXATIONr~vl.doc LEGAL LOG NO. 883R2 Page 1 of 3 THENCE NORTHERLY, CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE TO THE NORTH LINE OF SAID SECTION 8 AND THE SOUTH LINE OF SECTION 5; THENCE NORTH 20°52'20" WEST (RECORD), CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, TO A POINT FROM WHICH THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF SAID AGUIRRE ROAD WITH THE EAST LINE OF SAID SECTION 5 LIES NORTH 69007'40" EAST A DISTANCE OF 60.00 FEET; THENCE NORTH 69007'40" EAST, A DISTANCE OF 60.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF SAID AGUIRRE ROAD INTERSECTS THE EAST LINE OF SA1D SECTION 5; THENCE NORTHERLY, ALONG THE EAST LINE OF SAID SECTION 5, TO THE NORTHEAST CORNER THEREOF, THE NORTHWEST CORNER OF SECTION 4, THE SOUTH LINE OF'SECTION 32, TOWNSHIP 10 SOUTH, RANGE 10 EAST AND TI-IE PnvlA/PINAL COUNI~ LINE; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID SECTION 4, THE SOUTH LINE OF SAID SECTION 32 AND SAID PIMA/P~AL COUNTY LINE, TO THE SOUTH EAST CORNER OF. SAID SECTION 32 AND THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 10 SOUTH, RANGE 10 EAST; THENCE EASTERLY, ALONG THE SOUTH LINE OF SAID SECTION ~33 AND CONiINUING ALONG THE NORTH LINE OF SAID SECTION 4 AND SAID PIMA/PINAL COUNTY LINE TO THE NORTHEAST COKNEK OF SAID SECTION 4 AND THE NORTHWEST CORNER OF SECTION 3; THENCE. EASTERLY, ALONG THE NORTH LINE. OF. SAID SECTION 3, AND CON-rlNUING ALONG THE SOUTH LINE OF SAID S~ON 33 AND SAID HMA/PINAL COUNTY LINE, TO THE SOUTHEAST CORNER OF.sAID SF~;flON :33 AND THE' SOUTHWEST CORNER OF SECTION 34, TOWNSHIP 10 SOUTI-I, RANGE 10 EAST; THENCE EASTERLY, ALONG THE SOUTH LINE OF SAID SECTION 34 AND CON'i'iNLrlNG ALONG THE NORTH LINE OF SAID SECTION 3 AND SAID PIMA/PINAL COUNTY LINE, TO THE SOUTI-IEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTI-IWEST QUARTER OF SAID SECTION 34; THENCE NORTHERLY, ALONG THE EAST LINE OF THE SOUTHWEST QUAKTEK OF THE SOUTHWEST QUARTER OF SAID SECTION 34, TO THE NORTHEAST CORNER THEREOF; THENCE EASTERLY, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTIIWEST QUARTER OF SAID SECTION 34, TO THE NORTHEAST CORNER THEREOF; THENCE EASTERLY, ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 34 TO THE NORTHEAST CORNER TH~KEOF AND THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSFfl? I0 SOUTH, RANGE 10 EAST; S:~IOBSB592~5~2-111~%LDS ANNEXATION r~l.do~ LEGAL LOG NO. 883R2 Page 2 of 3 THENCE EASTERLY, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35, TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOLrrHWEST QUARTER OF SAID SECTION 35 TO THE SOUTI~AST CORNER THEREOF, THE NORTH LINE OF SECTION 2, TOWNSHIP 11 SOUTH, RANGE 10 EAST AND THE PIMA/PINAL COUNTY LINE; THENCE EASTERLY, ALONG THE SOUTH LINE OF SAID SECTION 35, THE NORTH LINE OF SAID SECTION 2 AND SAID PIMA/PINAL COUNTY LINE TO THE NORTHEAST CORNER OF SAID SECTION 2, THE NORTHWEST CORNER OF SAID SECTION 1 AND THE POINT OF BEGINNING. SAID PORTIONS CONTAINING APPROXIMATELY 2,830 ACRES, MORE OR LESS. THIS DESCRIPTION WAS BASED ON RECORD INFORMATION AND DOES NOT REFLECT THE RESULTS OF A FIELD SURVEy. MICHAEL L. SCHLOEMAN, 1LL.S. s..~oBsusmusm-n roms ANS~XA:HO~ ~,.,lo~ LEGAL LOG NO. 883R2 Page 3 of 3 PORTIONS OF SECTIONS .34 AND $5° TOWNSHIP 10 SOUTH, RANGE 10 EAST, GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA AND OF SECTIONS 2, $, 4, 5, B, 9, 10, 11, 14, 15, 16 AND 17 TOWNSHIP 11 SOUTH, RANGE 10 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUN7'~, ARIZONA. POINT OF --,, ~ ~" BEGINNING 52 33 04- oo ,, ,, T10S · UNE.. ~ 16 i- L' ' ' 7. 1;~ NORTH 1"= 4000' LEGEND T77 EXISTING' NW FIRE DISTRICT BOUNDARY AREA TO BE ANNEXED TETRA TECH, INC. ~m,.~RUC'IUR~ .~OU~ ~ST GROUP s lei lk ��10 " M I I no E NUMN MON MEMS R o l INEX'SE mWol III N N - IM MON ""' ME i Emal El a MEMM " MIN MI'm NOMMI m I I m SE TOWN COUNCIL ~ MEETING TOWN OF MARANA INFORMATION MEETING DATE: May 18, 2004 AGENDA ITEM: IX. B. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Charles Mangum, Airport Director Ordinance No. 2004.10: Relating to Marana Regional Airport; Amending the Marana Town Code by Adding a new Chapter 15. DISCUSSION The purpose of this document is to provide enforceable Town roles and regulations that will govern over Marana Regional Airport. The Federal Aviation Administration and the Arizona State Aeronautics Division have both reviewed the new proposed chapter and support the adoption of formal roles and regulations for the airport. RECOMMENDATION Staffrecommends the approval of Ordinance No. 2004.10 adding Chapter 15 to the Marana Town Code regarding Marana Regional Airport. SUGGESTED MOTION I move to approve Ordinance No. 2004.10. BL U 040518 Airport Town Codel.doc FJC:CM 5/10/04 MARANA ORDINANCE NO. 2004.10 RELATING TO MARANA REGIONAL AIRPORT; AMENDING THE MARANA TOWN CODE BY ADDING A NEW CHAPTER 15. WHEREAS, the document referred to in this Ordinance as "Chapter 15 - Marana Re- gional Airport" is a public record at least three copies of which are filed in the office of the Clerk of the Town of Marana and kept available for public use and inspection, and which shall, after adoption of this Ordinance, be incorporated into the Town Code of the Town of Marana, at least three copies of which shall continue to be kept available for public use and inspection both with the office of the Town Clerk and on the Town's interact website; and WHEREAS, the Mayor and Council of the Town of Marana desire to provide enfomeable Town roles and regulations that will govern over Marana Regional Airport. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Ma- rana as follows: SECTION 1. The attached Marana Regional Airport chapter is incorporated here by reference and is adopted into and made part of the Town Code of the Town of Marana, to be codified as Chapter 15. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to Chapter 15 - Marana Regional Airport. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of the Marana Regional Airport chapter 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 of this chapter. SECTION 4. It is necessary for the preservation of the peace, health, and safety of the Town of Marana that this Ordinance become immediately effective; therefore, an emergency is ORD 040518 Chapter 15.doc FJC/cds 5/10/04 hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of May, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney ORD 040518 Chapter 15.doc FJC/cds 5/10/04 2 f Marano Regional 741rport Chapter 15 - Marana Regional Airport Article 15 -1. General Conditions of Use Section 15 -1 -1. The conditions under which the airport or any of it facilities may be used shall be as established pursuant to this chapter or otherwise by the Town Council. Section 15 -1 -2. Any Permission granted by the Town directly or indirectly, expressly or by implication, to enter upon or use the airport or any part thereof, including but not limited to, operators, off - airport users, crew members and passengers, spectators, sightseers, pleasure and commercial vehicles, officers and employees of airlines, lessees and other persons occupying space at the airport, persons doing business with the airport, its lessees, sublessees and permittees and all other persons whatsoever, whether or not of the type indicated, is conditioned upon compliance with this chapter and any rules, regulations or minimum operating standard promulgated hereunder. Entry upon or into the airport by any person shall be deemed to constitute an agreement by such person to comply with this chapter. The Town reserves the right to deny any or all usage of the airport to any person or persons for any cause. Section 15 -1 -3. Unless expressly provided otherwise, any consent or other permission of the Town under this chapter must be obtained in advance in writing and signed by the Airport Director. Section 15 -1-4. Unless expressly provided otherwise, any notice or application to the Town must be given in writing to the Airport Director during normal business hours at the airport office. Section 15 -1 -5. The Marana Regional Airport Minimum Operating Standards and any amendments thereto are hereby adopted by reference as if set out at length in this Chapter. Section 15 -1 -6. The Marana Regional Airport Rates and Fees Schedule and any amendments thereto are hereby adopted by reference as if set out at length in this chapter. Chapter 15 - Page 1 of 16 ARANA TOWN CODE rev. 2004 Section 15 -1 -7. The Marana Regional Airport Ultralight Standards and any amendments thereto are hereby adopted by reference as if set out at length in this chapter. Article 15 -2. General Rules and Regulations Section 15 -2 -1. The Airport Director may issue such rules, regulations, orders, and instructions as are necessary in the administration of this Chapter. He may post signs at the airport which state or apply such rules, regulations, orders, or instructions. Each person on the airport shall comply with these orders, regulations, and signs. Each member of the staff of the Airport Director, as a representative of the Airport Director, is empowered to require compliance with the provisions of this Chapter and all orders and regulations issued by the Airport Director. Section 15 -2 -2. The airport shall be conducted as a public air facility for the promotion and accommodation of civil aviation and associated activities. Section 15 -2 -3. The airport shall be open for public use at such hours and subject to such restrictions as may be determined by the Town Council. Section 15 -2-4. The privilege of using the airport and its facilities shall be conditioned on the assumption by the user thereof of full responsibility and risk for such use, and by accepting the use of the airport and its facilities, the user thereof releases and agrees to hold the Town and its officers and employees harmless and indemnify them from any liability or loss resulting from such use. The owners and operators of all aircraft based at the airport shall comply with all of the applicable provisions of Title 28, Chapter 12, Arizona Revised Statutes. Section 15 -2 -5. The Airport Director may waive any portion of this chapter to ensure public safety or the efficient use of the airport for up to 30 Days. Article 15 -3. Conflicting Laws, Ordinances, Regulations and Contracts Section 15 -3 -1. In any case where a provision of this chapter, rules and regulations, minimum operating standards, or rates and fees schedule adopted hereunder is found by the Town attorney to be in conflict with any other provision of this chapter or regulations adopted hereunder or in conflict with a provision of any zoning, building, fire, safety, health or other law, ordinance or code of the Town or the Federal Aviation Administration or the Federal Government or the Arizona State Government, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. Section 15 -3 -2. In cases where two (2) or more provisions of this chapter are in conflict, the most stringent or restrictive shall prevail. Cf apter l5 - Page 2 of 1 MAfaANA TOWN CODE rev. 2004 Section 15 -3 -3. It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or to excuse any person from performing obligations to the Town under any lease or other contract. Section 15 -3-4. No existing or future Town contract, lease, agreement or other contractual arrangement, nor any payment or performance thereunder, shall excuse full and complete compliance with this chapter. Compliance with this chapter shall not excuse full and complete compliance with any obligations to the Town under any existing or future Town contract, lease, agreement or other contractual arrangement. Section 15 -3 -5. Compliance with this chapter does not excuse failure to comply with any other law. Section 15 -3 -6. All lease agreements and permits and other contractual or governmental arrangements to which the Town may be a party shall be subordinate to the provisions of any existing or future agreement between the town and the United States relative to the operation and maintenance of the airport. Article 15-4. Aircraft Operations Section 15 -4 -1. If the Airport Director believes the conditions at the airport or any portion thereof are unfavorable for aircraft operations, he may close the airport or such portions thereof, using applicable FAA procedures as appropriate. Section 15 -4 -2. No person shall navigate, land aircraft upon, or conduct any aircraft or other operations on or from the airport, nor shall any person engage in any other aviation activity at the airport or elsewhere within the Town, otherwise than in conformity with the requirements of the Federal Aviation Administration and all other applicable federal, state, Town laws, statutes, ordinances, rules, regulations and minimum operating standards. Section 15 -4 -3. Any use of the airport by any person constitutes that person's agreement to conform in all respects to the requirements of any grant agreements by the Town with the State of Arizona, the United States, and any other governmental entity. Section 15 -4-4. No person shall take off or land an aircraft on the airport except on a runway or an approved helipad unless otherwise authorized by the Airport Director. Section 15 -4 -5. No person shall land on a closed runway. Section 15 -4 -6. No person shall takeoff on a closed runway. Chapter 15 - Page 3 of 1 MARANA TOWN CODE rev. 2004 r • Section 15 -4 -7. No person shall land on a taxiway. Section 15 -4 -8. No person shall takeoff on a taxiway. Section 15 -4 -9. No person shall taxi, hover, or enter on a closed runway. Section 15 -4 -10. No person shall taxi, hover, or enter on a closed taxiway. Section 15 -4 -11 No person shall taxi, hover, or enter on a closed apron area. Section 15 -4 -12. No person shall taxi, hover, or enter on a closed taxilane. Section 15 -4 -13. All aircraft traffic shall conform to the established traffic pattern as approved by the Airport Director. Section 15 -4 -14. Aircraft shall not occupy any hangar, shade or tiedown, nor shall aircraft be operated in areas of the airport, where the aircraft's wingspan exceeds the maximum approved wingspan designation for that area as specified by the Airport Director or as published. Section 15 -4 -15. Aircraft shall not occupy any hangar, shade or tiedown, nor shall aircraft be operated in areas of the airport, where the aircraft's weight exceeds the maximum approved weight restriction for that area as specified by the Airport Director or as published. Section 15 -4 -16. No person shall park or loiter an aircraft on any runway or taxiway at the airport. Section 15 -4 -17. No person shall park or store an aircraft at the airport except in areas designated by the Airport Director. Section 15 -4 -18. Preventive maintenance work, as defined in Title 14, Part 43, Appendix A(c), Code of Federal Regulations, may be performed by the owner of the aircraft in a secured hangar. Aircraft owners who possess current mechanic ratings such as A & P and A & I may also do additional work in a secured hangar area. Section 15 -4 -19. No aircraft maintenance shall be performed in the open tiedowns, covered tiedowns, or apron areas. Section 15 -4 -20. No person shall conduct experimental flight or ground demonstrations on the airport without prior permission of the Airport Director. Section 15 -4 -21. No person shall take any aircraft from the landing area or hangars or operate such aircraft while under the influence of intoxicating liquor or a dangerous drug. Chapter 15 - Page 4 of 16 Ft ARA1 A TOWN CODE rev, 2004 Section 15 -4 -22. No person shall board or disembark from any aircraft on a runway or in the takeoff or landing area except in an emergency or with prior approval of the Airport Director. Section 15 -4 -23. Persons parking transient aircraft shall register their aircraft with the Airport Director or his representative as soon as possible after landing at the airport. Section 15 -4 -24. All owners and operators who desire to base their aircraft at the airport shall register their aircraft with the Airport Director or his representative prior to beginning operations. Any change in ownership of the aircraft shall be reported immediately. Section 15 -4 -25. No person shall leave an aircraft unattended unless it is properly tied down or placed in a hangar. Section 15 -4 -26. No engine in an aircraft shall be started or run without a competent person at the engine controls and unless blocks have been placed in front of the wheels or the aircraft has adequate parking brakes. No aircraft engine shall be operated in such manner as to endanger life or property. Section 15 -4 -27. No aircraft shall be operated in or taxied into or out of a hangar or covered tiedown. Section 15 -4 -28. No aircraft capable of movement on the ground shall be operated on the airport unless it is equipped with wheels and wheel brakes except with permission of the Airport Director. Section 15 -4 -29. No aircraft shall be permitted to remain on any part of the landing or takeoff areas for the purpose of repairs. Section 15 -4 -30. All aircraft shall be taxied at slow and reasonable speeds and shall not be taxied across or onto a runway without first stopping at the holdshort line and waiting for any approaching aircraft preparing to land. Section 15 -4 -31. No person shall, without the owner's permission, interfere or tamper with an aircraft parked or stored at the airport. Section 15 -4 -32. No person shall, without the owner's permission, enter into an aircraft parked or stored at the airport. Section 15 -4 -33. No person shall, without the owner's permission, enter into an aircraft hangar at the airport. Section 15 -4 -34. No person shall, without the owner's permission, remove fuel from an aircraft parked or stored at the airport. Chapter 15 - Page 5 of =c MARANA TOWN CODE rev. 2004 Section 15 -4 -35. No person shall, without the owner's permission, taxi an aircraft parked or stored at the airport. Section 15 -4 -36. No person shall, without the owner's permission, fly an aircraft parked or stored at the airport. Section 15 -4 -37. No person shall move an aircraft on the airport in a negligent or reckless manner. Section 15 -4 -38. No person shall start or taxi any aircraft on the airport in a place where the air or exhaust blast is likely to cause injuries to persons or property. If the aircraft cannot be taxied without violating this Subsection, the operator must have it towed to the desirable destination. Section 15 -4 -39. No person shall operate or move a rotorcraft at a place on the airport while its rotors are turning unless there is a clear area of at least fifty feet (50') from the outer tip of each rotor. Section 15 -4 -40. No person shall hover taxi a rotorcraft on taxilanes between the hangars, covered tiedowns or open tiedown areas. Section 15 -4-41. Rotorcraft shall only takeoff and land on an approved helipad or helistop. Section 15 -4-42. Rotorcraft stored in hangars or tiedowns must be towed to an approved helipad or helistop before starting the engine. Section 15 -4-43. Rotorcraft shall not be operated in a manner that will produce dirt, rocks or debris on any runway, taxiway, taxilane or apron area. Section 15 -4-44. No person shall operate a hang glider, powered paraglider, ultra - light aircraft or any other device under Part 103 at, onto or from the Airport without prior approval of and a written agreement with the Airport Director. Section 15 -4-45. Hot Air Balloons shall not be operated from the airport without prior approval of and a written agreement with the Airport Director. Section 15 -4 -46. No person shall use a tiedown on the airport unless he has been authorized to use it. Section 15 -4-47. Except in an emergency, no person shall emplane or deplane passengers on the airport on an area that has not been established for that purpose by the Airport Director. ,Ea ter 90 -image 0 of '10 MARANA TOWN CODE rev. 2004 Section 15 -4-48. No person shall park an aircraft which is carrying explosives or inflammable material, nor shall he load or unload such items on or from such aircraft, other than in areas designated by the Airport Director. Section 15 -4-49. Aircraft stored outside must have a current annual certification. Section 15 -4 -50. Aircraft stored outside must be supported by its own landing gear with fully inflated tires and in a condition to tow. Section 15 -4 -51. Aircraft not meeting Section 15 -4 -49, and /or Section 15 -4 -50 will be considered abandoned and will be removed by the airport at the expense of the aircraft owner. Section 15 -4 -52. Aircraft stored outside shall not leak fuel, oil, or other materials on the ground or apron areas. Section 15 -4 -53. Inoperable, abandoned or junked aircraft will not be permitted at the airport unless they are stored in a fully enclosed hangar. Section 15 -4 -54. No person shall use a flammable volatile liquid having a flash point of less than one hundred degrees (100 Fahrenheit to clean an aircraft, aircraft engine, propeller, or appliance in an aircraft hangar or similar type building or within fifty feet (50') of another aircraft, building, or hangar. Section 15 -4 -55. No open flame, flame - producing device, or other source of ignition shall be permitted in any hangar or similar -type building except in locations approved by the Airport Director. Section 15 -4 -56. No person shall smoke on any apron or ramp, in any hangar or shop, in any aircraft, or in any other place on the airport where smoking is specifically prohibited by the Airport Director. Section 15 -4 -57. No person shall store or stock material or equipment on the airport in a manner that constitutes a fire hazard. Section 15 -4 -58. No person shall store any combustible materials, flammable liquids, or other hazardous materials in an aircraft hangar or other building on the airport except in locations and containers approved by the Fire Department. Section 15 -4 -59. Each lessee of a hangar on the airport shall provide suitable metal receptacles for storing waste, rags, and other rubbish and shall remove all rubbish from its premises each week. Section 15 -4 -60. Each person to whom space on the airport is leased, assigned, or made available for use shall keep the space free and clear of oil, grease, or other foreign materials that could cause a fire hazard or a slippery or otherwise unsafe condition. Chapter 9 - P age 7 of 16 MA ANA TOWN CODE rev. 2004 Section 15 -4 -61. No person shall use any material (such as oil absorbents or similar material) that creates an eye hazard when picked up, swirled, or blown about by the blast from an aircraft engine in any passenger loading area or other public area. Section 15 -4 -62. No person shall conduct a painting or doping process on the airport except in a properly designed fire - resistive and ventilated room or building in which all lights, wiring, heating, ventilating equipment, switches, outlets, and fixtures are approved for use in such hazardous areas and in which all exit facilities are approved and maintained for such use. A written letter from the Fire Department must be presented to the Airport Director approving such a facility before any painting or doping can occur. Section 15 -4 -63. There shall be no painting or doping outside on airport property. Section 15 -4 -64. Used and new batteries must be stored in an enclosed area per storm water guidelines. Section 15 -4 -65. Used and new oil, fuel and other fluids and material must be stored in an enclosed area per storm water guidelines. Aircraft Accident Procedures. Section 15 -4 -66. Persons involved in aircraft accidents occurring at the airport shall make a full report thereof to the Airport Director within twenty -four (24) hours after such accident. Section 15 -4 -67. Any person damaging property on the airport by means of contact with aircraft shall report such damage to the airport office immediately and shall be fully responsible to the Town for costs of repairs. Section 15 -4 -68. Every pilot and aircraft owner shall be responsible for the prompt removal of his disabled aircraft or parts thereof as directed by the Airport Director or his representative, subject to accident investigation requirements. Section 15 -4 -69. The Airport Director shall be responsible for securing aircraft accidents subject to accident investigation requirements with the assistance of the police and fire departments. Section 15 -4 -70. The Airport Director shall be the incident commander for all accidents on airport property. Section 15 -4 -71. Each operator of a motor vehicle involved in an accident between that vehicle and an aircraft or in any other motor vehicle accident on the airport that results in personal injury or in total property damage of more than fifty dollars ($50.00), shall make a full report thereof to the Airport Director as soon ,Chapter 15 - Page 8 of ; MARANA TOWN CODE rev. 2004 as possible after the accident. The report must include the name and address of the person reporting. Article 15 -5. Motor Vehicle Regulations. Section 15 -5 -1. No person shall operate any motor vehicle on the airport in violation of this Chapter or rules promulgated and posted by the Airport Director or the laws of the State of Arizona. Section 15 -5 -2. No motor vehicle shall be operated on the airport if it is so constructed, equipped, or located as to endanger persons or property. Section 15 -5 -3. No person shall operate a motor vehicle on the airport in a negligent or reckless manner. Section 15 -5-4. No person shall operate a motor vehicle on the airside of the airport in excess of 15 MPH. Section 15 -5 -5. No motor vehicle shall be permitted on taxiways, runways, or operational areas without prior permission of the Airport Director. Section 15 -5 -6. No person shall operate a vehicle onto or across a runway except when authorized by the Airport Director. Section 15 -5 -7. No person shall operate a vehicle onto or across a taxiway except when authorized by the Airport Director. Section 15 -5 -8. Operators of motor vehicles on the airside of the airport must yield the right -of -way to taxiing aircraft. Section 15 -5 -9. All motor vehicles on the field area shall pass to the rear of aircraft whose engines are running. Section 15 -5 -10. No person shall operate an uncovered vehicle to haul trash on the airport. Section 15 -5 -11. No person shall operate a vehicle for hauling trash, dirt, or any other material on the airport unless it is built to prevent its contents from dropping, sifting, leaking, or otherwise escaping. Section 15 -5 -12. No person shall spill dirt or any other material from a vehicle operated on the airport. Section 15 -5 -13. When backing gasoline tenders, the driver shall remain in the vehicle and shall not stand on the running board or fender. Gasoline tenders shall at no time be so positioned as to prevent their rapid removal. Chapter 15 - Page 9 of 16 MARANA TOWN CODE rev. 200 Section 15 -5 -14. No person shall clean or make any repairs to motor vehicles anywhere on the airport, unless it is in an enclosed hangar or building. Section 15 -5 -15. No person shall operate a bicycle, go cart, ATV, sand dune or any other type of unlicensed vehicle on the airside of the airport. Article 15-6. Parking / Storage. Section 15 -6 -1. No person shall park or stand a motor vehicle on the airport except in an area specifically designated therefor. Section 15 -6 -2. No person shall park a vehicle in a restricted or reserved area on the airport unless he displays, in the manner prescribed by the Airport Director, a parking permit issued by the Airport Director for that area. Section 15 -6 -3. No person shall park a vehicle on a runway, taxiway or taxilane. Section 15 -6-4. No person shall park a vehicle in a runway safety area. Section 15 -6 -5. No person shall park a vehicle in a taxiway safety area. Section 15 -6 -6. No person shall park a vehicle in a taxilane safety area. Section 15 -6 -7. No person shall park a vehicle on the airport for more than three • days unless they are parked in an area designated for long term parking. Section 15 -6 -8. No person shall park an unoperatable motor vehicle on airport property. Section 15 -6 -9. No person shall park or operate an unregistered motor vehicle on airport property. Section 15 -6 -10. No person shall abandon a motor vehicle on the airport. Section 15 -6 -11. No person shall leave a motor vehicle standing unattended or parked on the airport with a key in the ignition switch, the motor running, a key in the door lock, or an open door. Section 15 -6 -12. No person shall park or stand a motor vehicle at any place on the airport in violation of any sign posted by the Airport Director. Section 15 -6 -13. No person shall park or stand a motor vehicle within fifteen feet (15') of a fire hydrant on the airport or park in such manner as to block any fire gate or entrance. Section 15 -6 -14. No person shall park a motor vehicle in any marked space in such manner as to occupy more than one (1) space. f?� ter 15 - Rae 10 of 16 MARANA TOWN CODE rev. 2004 Section 15 -6 -15. No person shall park a motor vehicle in individual storage hangars or aircraft shelters unless permitted by the owner or lessee of said structure. Section 15 -6 -16. Vehicles, motor homes, boats, trailers and recreational vehicles shall not be stored anywhere on the airport unless in an enclosed hangar or building structure. Section 15 -6 -17. All vehicles including, cars, motor homes, boats, trailers and recreational vehicles, stored in an enclosed hangar or building structure must have an aircraft with an FAA current registration that is airworthy and flyable in the same enclosed hangar or building structure. Section 15 -6 -18. Mini - mobles or other similar types of storage containers shall not be located anywhere on the airport without the approval of the Airport Director. Section 15 -6 -19. Motor homes, boats, trailers and recreational vehicles shall not be parked in an open parking area anywhere on the airport for more than two days. Section 15 -6 -20. Motor homes, boats, trailers and recreational vehicles shall only be parked in areas approved by the Airport Director. Section 15 -6 -21. RV's and Motor Homes are not permitted on the airside of the airport. Section 15 -6 -22. RV's, Motor Homes, boats, trailers, recreational vehicles and storage containers are not permitted to be stored on airport property. Section 15 -6 -23. The Airport Director or his agent may remove, at the owner's expense, any motor vehicle, motor home, boat, trailer, recreational vehicle, storage container, or any other type of vehicle or storage device which is in violation of this Chapter. The vehicle or storage device shall be subject to a lien for the cost of removal. Article 15 -7. Rules of Conduct Section 15 -7 -1. No person shall commit any act or nuisance on the airport. Section 15 -7 -2. No person shall camp on the airport. Section 15 -7 -3. No person shall sleep on the airport. Section 15 -7-4. No person shall loiter or loaf on any part of the airport. Section 15 -7 -5. No person shall start a fire on the airport. Chapter 15 - Page I I of 16 MARANA TOWN CODE rev. 2004 Section 15 -7 -6. No person shall live on the airport. Section 15 -7 -7. All children under the age of thirteen (13), must be accompanied by an adult eighteen (18) years of age or older at all times while on airport property. Section 15 -7 -8. No person shall dispose of garbage, papers, refuse, or other such material on the airport except in receptacles provided for that purpose. Section 15 -7 -9. No person shall destroy, injure, deface, or disturb any building, sign, equipment, marker or other structure, tree, flower, lawn, or other public property on the airport. Section 15 -7 -10. No person shall alter, make additions to, or erect any building or sign or make any excavations on the airport without the permission of the Airport Director. Section 15 -7 -11. No person shall willfully abandon any personal property on the airport. Section 15 -7 -12. No person may ride horseback on the airport without permission of the Airport Director. Section 15 -7 -13. No person shall hunt, pursue, trap, catch, injure, or kill any bird or animal on the airport. Section 15 -7 -14. No person, except peace officers, an authorized post officer, air carrier, airport employee, or a member of an armed force of the United States on official duty, shall carry any weapon, explosive, or inflammable material on or about his person, openly or concealed, on the airport. This Section shall not apply to persons carrying firearms in cases, broken down or unloaded, when said firearms are being transported by air. For the purpose of this Section, a weapon includes all those listed in Section 13 -3101, Arizona Revised Statutes. Section 15 -7 -15. No person shall solicit fares, or funds for any purpose on the airport without permission of the Airport Director. Section 15 -7 -16. No person shall post, distribute, or display signs, advertisements, circulars, or other printed or written matter in the public area of the airport without permission of the Airport Director. Section 15 -7 -17. No person may enter the airport with a dog or other animal unless the animal is restrained by a leash or properly confined as determined by the Airport Director. No person in charge of a dog or other animal shall permit the animal to wander unrestrained on any portion of the airport. Section 15 -7 -18. No unauthorized person shall enter the airside of the airport. Chapter 15 - Page 12 of 1 MARANA TOWN CODE rev. 2004 Section 15 -7 -19. No unauthorized person shall enter or cross an apron area. Section 15 -7 -20. No unauthorized person shall enter or cross a taxiway. Section 15 -7 -21. No unauthorized person shall enter or cross a runway. Section 15 -7 -22. No unauthorized person shall enter any restricted area posted as being closed to the public. Section 15 -7 -23. No person shall use a rest room other than in a clean and sanitary manner. Section 15 -7 -24. No person shall sleep in a motor vehicle at the airport. Section 15 -7 -25. No person shall smoke any substance on the aircraft aprons, taxiways, taxilanes, or runways. Section 15 -7 -26. No person shall bike, skateboard, rollerblade, scooter or perform similar activities on the airside of the airport without permission of the Airport Director. Section 15 -7 -27. No person shall walk in a picket line as a picket or take part in a labor or other public demonstration on any part of the airport except in a place specifically assigned by the Airport Director for picket lines or other public demonstrations. Article 15 -8. Fueling Operations Section 15 -8 -1. No person shall transport or deliver aviation fuels, oils, or lubricants on the airport or dispense fuels into aircraft unless he is the holder of a valid permit with the Town authorizing such activity. Section 15 -8 -2. No aircraft shall be fueled or defueled except by a contractually authorized commercial enterprise that holds a valid permit with the Town authorizing such activity. Section 15 -8 -3. All aircraft owners who desire to self -fuel must provide proof of public liability and environmental impairment liability insurance and obtain a permit from the Airport Director. Section 15 -8-4. All Commercial enterprises engaged in self - fueling will pay a flowage fee as established in the airport rates and charges. The operator will provide the Airport Director with monthly fuel purchase and delivery documents in a form acceptable to the Airport Director. Chap ter 9 - Page 13 of 1 MARANA TOWN CODE rev. 200 Section 15 -8 -5. All Commercial enterprises engaged in self - fueling will train their employees annually on safe fuel handling practices, fire fighting procedures, and spill containment. They will provide the Airport Director with proof of training certification NFPA# 407 FAA AC 15/5230 -4. Section 15 -8 -6. All Commercial fulers must have their fueling equipment inspected and approved by the Fire Department annually. A written letter from the Fire Department must be presented to the Airport Director showing an approved inspection annually. Section 15 -8 -7. All self - fulers must have their fueling equipment inspected and approved by the Fire Department annually. A written letter from the Fire Department must be presented to the Airport Director showing an approved inspection annually. Section 15 -8 -8. All self fueling will take place on the lessee's leased area or directly in front of lessee's hangar. Section 15 -8 -9. No aircraft may be self - fueled which is not owned by the self- fueler. Section 15 -8 -10. No person shall fuel or defuel an aircraft on the airport while its engine is running or is being warmed by applying external heat. Section 15 -8 -11. No person shall fuel or defuel an aircraft on the airport while it is in a hangar or enclosed space. Section 15 -8 -12. No person shall fuel or defuel an aircraft on the airport while passengers are in the aircraft, unless a passenger loading ramp is in place at the cabin door, the door is open, and a cabin attendant is at or near the door. A "No Smoking" sign shall be displayed in the cabin and the rule enforced. Section 15 -8 -13. No person shall start the engine of an aircraft on the airport if there is any gasoline or other volatile flammable liquid on the ground beneath it of sufficient quantity to constitute a hazard. Section 15 -8 -14. No person shall operate a cell phone, radio transmitter, radio receiver or switch electrical appliances on or off in or within 50 feet of an aircraft on the airport while it is being fueled or defueled. Section 15 -8 -15. During the fueling of an aircraft on the airport, the dispensing apparatus and the aircraft shall both be grounded in accordance with orders and instructions of the Airport Director. Section 15 -8 -16. Each person engaged in fueling or defueling on the airport shall exercise care to prevent the overflow of fuel and shall have readily accessible and adequate fire extinguishers. Chapfler 15 - Page 14 of 16 MARANA TOWN CODE rev. 2004 Section 15 -8 -17. During the fueling or defueling of an aircraft on the airport, no person shall, within fifty feet (50') of that aircraft, smoke or use any material that is likely to cause a spark or be a source of ignition. Section 15 -8 -18. Each hose, funnel, or appurtenance used in fueling or defueling an aircraft on the airport shall be maintained in a safe, sound, and non - leaking condition and must be properly grounded to prevent ignition of volatile liquids. Section 15 -8 -19. All persons shall comply with the provisions of the adopted Town Fire Code. Section 15 -8 -20. The Town Fire Chief or his duly authorized representatives shall inspect monthly or as often as may be necessary all buildings and premises for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread or endanger life or property from fire. All orders, notices, or recommendations of the Town Fire Chief shall be complied with by all persons without delay. Section 15 -8 -21. Any violation of this section will result in withdrawal of permission by the Airport Director to use the airport. Obligation of Tenants Section 15 -8 -22. Persons provided with either a code or access device for the purpose of obtaining access to the airport shall only use airport- issued codes /devices and shall not allow any other person to use such code or device nor divulge, duplicate, or otherwise distribute the same to any other person. Section 15 -8 -23. No lessee of airport property shall knowingly allow that property to be used or occupied for any purpose prohibited by this Chapter or by their lease. Section 15 -8 -24. No tenant, lessee, concessionaire, or agent of any of them doing business on the airport shall keep uncovered trash containers on a sidewalk or road or in a public area of the airport. Section 15 -8 -25. Each lessee of a hangar or other operational area specified by the Airport Director on the airport shall maintain a bulletin board in a conspicuous place in his hangar or area. He shall post on that board current workmen's' compensation notices, a list of competent physicians, a list of his liability insurance carriers, a copy of this Chapter, and a copy of each pertinent order or instruction issued under this Chapter. Section 15 -8 -26. No tenant or lessee of a hangar, shop facility, or other operational area specified by the Airport Director on the airport shall store or stack equipment or material in a manner to be a hazard to persons or property. Chapter 15 -- Page 15 of 1 2ARANA TOWN CODE rev. 2004 i + Section 15 -8 -27. No tenant or lessee may store any objects, parts, or any other items except within their own hangar or a screened outside storage facility that • is approved by the Airport Director. Section 15 -8 -28. Each tenant or lessee of a hangar, shop facility, or other operational area specified by the Airport Director on the airport shall supply and maintain adequate and readily accessible fire extinguishers. Section 15 -8 -29. The Airport Director or his authorized representative shall have the right at all reasonable times to inspect all areas under lease to or occupied by tenants. Article 15 -9. Commercial Operations Section 15 -9 -1. No person shall engage in any business or commercial activity on the airport without a lease approved by the Airport Director or a Town approved sublease from a duly authorized master lessee, or a license or permit from the Town. Section 15 -9 -2. No person shall sell any item on the airport without a lease approved by the Airport Director or a Town approved sublease from a duly authorized master lessee, or a license or permit from the Town. Section 15 -9 -3. No person shall take still, motion or sound pictures of, at, or on the airport for commercial purposes without first receiving a written temporary activity permit issued by the Airport Director. Section 15 -9-4. No person shall post, distribute or displays signs, advertisements, circulars, printed or written matter on airport property. Article 15 -10. Violations of this Chapter Section 15 -10 -1. Any person who shall violate any of the provisions of Chapter 15 of the Marana Town Code shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a minimum fine of five hundred dollars ($500) dollars not to exceed two thousand five hundred dollars ($2,500.00) or by imprisonment in the Town jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Section 15 -10 -2. In addition to the penalties set forth in the above paragraph, violations of this Chapter or of any rule, regulation, order, or instruction issued by the Airport Director may result in withdrawal of permission by the Airport Director to use the airport. • Chapter 15 - Page 16 of 1 t1ARANA TOWN CODE r v. 2004 TOWN COUNCIL ~ MEETING TOWN OF MARANA INFORMATION MEETING DATE: May 18, 2004 AGENDA ITEM: IX. B. 3 TO: FROM: SUBJECT: MAYOR AND COUNCIL Charles Mangum, Airport Director Ordinance No. 2004.11: Relating to Marana Regional Airport; Adopting Rates and Fees. DISCUSSION Currently the Marana Regional Airport Rates and Fees only address the open tiedown fees at the airport. The new Airport Rates and Fees will address the open tiedown fees along with several other fees for the use of the airport and for Town services provided by staff. The existing fees will not increase for the daily or monthly use of the open tiedowns. The Federal Aviation Administration and the Arizona State Aeronautics Division have both reviewed the new proposed Rates and Fees and support the adoption of formal Rates and Fees for the airport. RECOMMENDATION Staff recommends the approval of Ordinance No. 2004.11 adopting the Marana Regional Airport Rates and Fees. SUGGESTED MOTION move to approve Ordinance No. 2004.11. B L U 040518 Airport Rates and Fees 1 .doc FJC.'CM 5/10/04 MARANA ORDINANCE NO. 2004.11 RELATING TO MARANA REGIONAL AIRPORT; ADOPTING RATES AND FEES. WHEREAS, the Town of Marana desires to establish new rates and fees for the Marana Regional Airport to address the open tiedown fees along with several other fees for the use of the airport and for Town services provided by staff; and WHEREAS, the document referred to in this Ordinance as "Airport Rates and Fees" is a public record, at least three copies of which are filed in the office of the Clerk of the Town of Marana and kept available for public use and inspection and on the Town's intemet website NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Ma- rana, Arizona, as follows: SECTION 1. The Airport Rates and Fees attached to and incorporated by this reference in this Ordinance as Exhibit A are hereby authorized and approved. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to the Airport Rates and Fees. SECTION 3. It is necessary for the preservation of the peace, health, and safety of the Town of Marana that this Ordinance become immediately effective; therefore, an emergency is hereby declared to exist and this Ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of May, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney ORD 040518 Rates and Fees.doc FdC/cds 5/10/04 Maraha Regional 741rport Airport Rates and Fees Open Tiedowns: Monthly Daily Single Engine <12,500lbs $40.00 $4.00 Twin Engine <12,500lbs $60.00 $6.00 Turboprop <12,500lbs $80.00 $8.00 Jet <12,5001bs $100.00 $10.00 Helicopter <12,500lbs $100.00 $10.00 All Aircraft >12,500lbs $150.00 $15.00 (All aircraft weights are based on maximum certificated takeoff weight) Temporary Open Ramp Vehicle Parking with Aircraft. Rate is per vehicle: Up to and including 20' in length $250 per month $25 per day Over 20' in length $350 per month $35 per day Trailer Parking $250 per month $25 per day Fuel Truck Parking $250 per month $25 per day Airship Parking $150.00 per month $15 per day Commercial Photography Permit $200 per day + Escort Fees Specialized Aeronautical Service Operator Permit (SASO) $250 per year + Lease w /Airport or FBO Mobile Aircraft Washing Permit $50 per year (January 1 to December 31) $5 per aircraft Aircraft Maintenance Permit $5 per aircraft per day $20 per aircraft per week $50 per aircraft per month $200 per aircraft per year Ultralight Permit $50 per year (January 1 to December 31) Self Fueling Permit $50 per year (January 1 to December 31) Commercial Self Fueling Permit $250 per year (January 1 to December 31) Marana Regional Airport Rates and Fees Page 1 of 2 r r i Commercial Fueling Permit (FBO or SASO) $250 per year + Ground Lease w /Airport Fuel Flowage Fee FBO or SASO with ground lease $.06 cents per gallon delivered Self -Fuler Based Aircraft Tenant $.06 cents per gallon pumped Commercial Self -Fuler with Permit $.12 cents per gallon delivered plus an initial fee of the Maximum Fuel Truck Load in gallons x $.12 cents per gallon to enter airport. Each time the fuel truck leaves the airport property this fee will be accessed to reenter the airport. Sweeper $100 Minimum Charge $50 per' /4 hour Airside Escort Fee See Labor Rates Airport Labor Rate $50 Minimum Charge $50 Per Hour Airport Overtime Labor Rate $100 Minimum Charge $100 Per Hour Airport Callout Rate $100 Per Callout Runway/Taxiway Light Replacement Fee $250 Per Light Airport Damage Fee $100 plus Actual Item Cost and /or Time to Fix Airport Sublease Review Fee $250 first review $125 second review, and each review thereafter Airport Escrow Agreement Fee $250 first review $125 second review, and each review thereafter Airport Lease Assignment Fee $500 first review $250 second review, and each review thereafter Option for hold on land for lease $500 per month Late Fee $15 per month Return Check Fee $50 Marana Regional Airport Rates and Fees Page 2 of 2 TOWN COUNCIL ~ MEETING TOWN OF MARANA INFORMATION MEETING DATE: May 18, 2004 AGENDA ITEM: IX. B. 4 TO: FROM: SUBJECT: MAYOR AND COUNCIL Charles Mangum, Airport Director Ordinance No. 2004.12: Relating to Marana Regional Airport; Adopting Ultralight Aircraft Operating Rules. DISCUSSION The purpose of this document is to establish roles for the operation of ultralight aircraft at the Marana Regional Airport. These roles will increase safety for ultralight aircraft users and for the other users of the airport. These roles will require ultralight aircraft users to obtain a permit from the Town stating that they understand and agree to abide by the roles established by the Town. The Federal Aviation Administration and the Arizona State Aeronautics Division have both reviewed the proposed Ultralight Aircraft Operating Rules and support the adoption of formal Ultralight Aircraft Operating Rules for the airport. RECOMMENDATION Staff recommends the approval of Ordinance No. 2004.12 adopting the Marana Regional Airport Ultralight Aircraft Operating Rules. SUGGESTED MOTION I move to approve Ordinance No. 2004.12. BL U 040518 Ultralight Aircraft Operation Rules 1. doc FJC.'CM 5/10/04 MARANA ORDINANCE NO. 2004.12 RELATING TO MARANA REGIONAL AIRPORT; ADOPTING ULTRALIGHT AIRCRAFT OPERATING RULES. WHEREAS, the document referred to in this Ordinance as the "Ultralight Aircraft Oper- ating Rules" is a public record, at least three copies of which are filed in the office of the Clerk of the Town of Marana and kept available for public use and inspection and on the Town's interact website; and WHEREAS, the Mayor and Council of the Town of Marana find that the Ultralight Air- craft Operating Rules will advance the public health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Ma- rana, Arizona, as follows: SECTION 1. The Ultralight Aircrafi Operating Rules, attached to and incorporated by this reference in this Ordinance as Exhibit A are hereby authorized and approved. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to the Ultralight Aircraft Operating Rules. SECTION 3. It is necessary for the preservation of the peace, health, and safety of the Town of Marana that this Ordinance become immediately effective; therefore, an emergency is hereby declared to exist and this Ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of May, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney ORD 040518 Ultralight Aircraft Rules, doc FdC/cds 5/10/04 I /Vl arm a )P\egioo, /Air ort p Ultralight Aircraft Operating Rules Marana Regional Airport Ultralight Aircraft Operating Rules Page 2 of 5 1. Introduction /purpose a) The purpose of this document is to establish rules for the operation of ultralight aircraft at Marana Regional Airport. b) Transient ultralight operators will be required to comply with the registration requirements in paragraph 3 below if they perform more than one landing and takeoff at the airport. c) These requirements do not pertain to aircraft that are registered with the Federal Aviation Administration (FAA) as aircraft and have received an "N" number. They shall be governed by Federal Aviation Regulation (FAR) Parts 61, 91, and other relevant FARs, as well as the relevant airport rules. 2. Marana Regional Airport Rules and Regulations a) In accordance with the Town of Marana Ordinance Section 15 -4 -44 "No person shall operate a hang glider, powered paraglider, ultralight or any other device under Part 103 at, onto or from the Airport without prior approval of and a written agreement with, the Airport Director." The operating requirements and course rules contained in this agreement satisfy the spirit and intent of the Ordinance. b) Each operator, instructor, and student operator shall agree, in writing, to abide by the provisions of this agreement and all regulations, advisory circulars, exemptions, ordinances, and other documents that are attached or incorporated by reference. Failure to do so may result in revocation of the person's privilege to operate an ultralight at the Airport. 3. Ultralight Operator and Vehicle Registration a) Any person who desires to operate an ultralight vehicle at Marana Regional Airport must be registered and rated with an FAA- approved organization, such as the Aircraft Owners and Pilots Association Air Safety Foundation (AOPA -ASF) or U. S. Ultralight Association (USUA). Proof of such registration and approved rating must be presented and approved by the Airport Director before the person operates an ultralight at the Airport. b) Each ultralight vehicle operated at the Airport must be registered with an FAA - approved organization and marked in accordance with the organization's program. Proof of such registration must be presented and approved by the Airport Director before the vehicle is operated at the Airport. Any changes in registration or ownership must be reported to the Airport Director within 10 days. Marana Regional Airport Ultralight Aircraft Operating Rules Page 3 of 5 4. FAA regulations and advisory circulars a) FAR Part 103, "Ultralight Vehicles" (with supplementary information), Advisory Circular (AC) 103 -7, "The Ultralight Vehicle" and AC 103 -6, "Ultralight Vehicle Operations — Airport, Air Traffic Control, and Weather' govern the operation of ultralight vehicles in the United States. b) Those documents are incorporated into this document by reference and shall be adhered to as though they were reproduced in their entirety herein. Any future FARS and ACs that are related to ultralights are automatically incorporated by reference as they are published. 5. Waivers and Exemptions a) In accordance with FAR 103.5 and AC 103 -7 para 13.c., the Aircraft Owner's and Pilot's Association (AOPA) Air Safety Foundation (ASF), the Experimental Aircraft Association (EAA), and the United States Hang Gliding Association (USHGA) have been granted exemptions by the FAA from applicable aircraft regulations for the operation of two -place ultralights under Part 103 for limited training purposes and for certain hang glider operations. Except as specifically authorized by exemption, no person may operate an ultralight under Part 103 with more than one occupant. b) Accordingly, any person who desires to operate a two -place ultralight at Marana Regional Airport must first present proof of compliance with the privileges, conditions, and limitations described in an FAA approved exemption and receive written permission from the Airport Director. All provisions of such exemptions are automatically incorporated into this document by reference and shall be adhered to as though they were reproduced in their entirety herein. c) Flights of a two -seat ultralight shall be limited to those persons who are conducting or receiving flight instruction as outlined by a training program exemption published by an organization approved by FAA. Recreational flying of a two -seat ultralight is prohibited by FAA. d) Other waivers and exemptions to FAR 103 must be obtained by the operator from FAA and provided to the Airport Director in writing before the waiver or exemption may be exercised at the Airport. 6. General Operating Requirements a) Each person who desires to operate an ultralight must first receive a brief on operating requirements and course rules from the Airport Director. To the extent practicable, transient operators shall be briefed if they perform more than one landing and takeoff. Marana Regional Airport Ultralight Aircraft Operating Rules Page 4 of 5 b) Ultralight operations without an operating radio are prohibited. Compliance with Common Traffic Advisory Frequency (CTAF) procedures as found in AC 90 -42C and the Aeronautical Information Manual (AIM) is mandatory. c) Per FAR 103, ultralight operations shall not be conducted over congested areas or open -air assemblies of persons. The congested areas on the Airport include the aircraft parking ramps, fixed base operations, and other buildings within the Airport's fence. Congested areas are defined by the current edition of FAA Order 8440.5, Appendix 1. d) Insurance is required for instructors, operators, and students. A certificate of insurance with the following minimum's shall be provided to the Airport Director before ultralight operations commence: • Bodily Injury & Property Damage Combined Per Accident: $1,000,000 e) Each certificate of insurance provided to the Airport Director must state the following word for word: • The Town of Marana is named as an additional insured. • This insurance must be primary to any other collectible coverage. • The Town of Marana shall be notified at least 30 days prior to cancellation or alteration of the above insurance coverage. f) Only those support persons who are directly involved in ultralight vehicle operations (instructors, operators, and student operators) shall be allowed on the airside of the airport. g) Non - support personnel (family, friends, observers, pets, etc) may observe from areas open to the general public but shall not enter the airside of the airport or other secure areas. h) Flight visibility and cloud clearance requirements. Such requirements shall be adhered to per FAR 103. Visual reference to the surface must be maintained at all times. i) Night and IMC operations are prohibited. Ultralight vehicles that are equipped in accordance with FAR 103 may operate during the twilight periods 30 minutes before official sunrise and 30 minutes after official sunset. j) Ultralight vehicle operators shall yield the right -of -way to all aircraft at all times. Marana Regional Airport Ultralight Aircraft Operating Rules Page 5 of 5 7. Marana Regional Airport Operations for Ultralights a) Ultralight operations are restricted to Runway 3 -21 on the southwest side of Taxiway A. b) Ultralight operations are restricted to Taxiway B between and on Taxiway 131 and Taxiway B2 and the apron areas. c) Ultralight operations on Runway 12 -30 are prohibited. d) Ultralight operations on Taxiway A are prohibited. e) Ultralight operations on Taxiway C are prohibited. f) Ultralights shall land on Runway 3 only. When landing on Runway 3 all ultralights shall land and hold short of Taxiway A. Ultralights shall back taxi on Runway 3 to Taxiway B2 and then to the apron area. g) Ultralights shall takeoff on Runway 3 -21 on the southwest side of Taxiway A. Ultralights are permitted to back taxi on Runway 3 -21 from Taxiway B2 to ensure enough takeoff distance. Ultralights shall not cross or enter Taxiway A or Runway 12 -30. h) Ultralights shall only make full -stop landings to the airport, no touch and go's. i) Ultralights shall not operate within 1/2 mile of the airport except to takeoff or land on Runway 3 -21. j) Ultralight operators shall not cross or enter the traffic pattern for Runway 12 -30. k) Ultralight operators shall remain clear of the approach and departure ends of Runway 12 -30 and Runway 21. 1) Ultralight operators should exercise extreme care to sequence their takeoffs and landings to avoid wingtip vortices and wake turbulence caused by arriving and departing aircraft. m) All ultralight operators shall use and monitor a two way radio at the airport and shall announce their straight in arrival with the added phrase "Ultralight will land on Runway 3 and hold short and remain clear of Taxiway A and Runway 12 -30." n) When departing from Runway 3 -21 ultralight operators shall use and monitor a two way radio at the airport and shall announce their back taxi on Runway 3 -21 with the added phrase "Ultralight will remain clear of Taxiway A and Runway 12- 30 and will depart straight out to the southwest." TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA May 18, 2004 AGENDA ITEM: IX. B. 5 TO: FROM: SUBJECT: MAYOR AND COUNCIL Michael A. Reuwsaat, Town Manager State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION This item is scheduled for each regular Council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Included here are Legislative Bulletins Nos. 16 and 17. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION None required. State Legislative Issues MAiodJCB 05/12/2004/2:20 PM LEGISLATIVE BULLETIN Issue No. 16 April 29, 2004 IN THIS ISSUE Day 109 and Still No Budget ~ I Governor Signs PAG Trans- portation Bill Into Law .... I Governor Signs Key Military Facilities Preservation Measures ............... 1 Much Ado About Sex Offender Clustering ....... 2 Legislation to Allow Firearms in Bars Advances ......... 2 League of Arizona C ues Towns Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities and Towns 1820 W. Washinglon Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Internet: vaew. azleague.org Day 109 and Still No Budget... Another week at the Legislature has passed and still very little is known about the status of the state budget negotiations. On the Senate side, bipartisan negotiations continue and appear to be making progress toward a Senate agreement. Senate floor calendars and voting have been very light this week in order to allow as much time as possible for the negotiating groups to meet. President Bennett mentioned on Wednesday that an agreement appeared to be close. Less is known about the status of the House budget plan where leadership has been very silent on any of the goings on. Negotiating groups appear to be meeting, howev- er, the make up and size seem to keep fluctuating. This week, House Democrats grew more vocal over their discontent with not being inclu&d in the process. On the executive budget front, Governor Janet Napolitano indicated that she would not negotiate with either the House or Senate until the Legislature rdeased a joint budget plan. She expressed a preference for the Legislative budget process to be more open to the public. As always, we will let you know should any movement occur on the budget, especially if state shared revenue is on the table. Governor Signs PAG Transportation Bill Into Law Governor Janet Hapolitano signed HB 2507: Regional Transportation Authority; Excise Tax into law on Friday, April 23rd. This legislation reinstates the authority of the Pima Assodation of Governments, serving as the regional transportation authority, to call a countywide sales tax election to help fund the region's transportation plan. Thank you to Governor b!apulitano for signing this bill and recognizing the importance of this legislation to the citizens and local governments in the Pima County region! Governor Signs Key Military Facilities Preservation Measures The Governor has signed three pieces of legislation designed to preserve Arizona's mili- tary installations. HB 2134: Natural Gas Storage Faeilitias; Restrictions prohibits a natur- al gas storage facility from locating within nine miles of Luke Air Force Base. HB 2141 in&des Luke Air Force Base Auxiliary Airfield # 1 in local land use planning and develop- ment requirements that currently apply to military airports and establishes notification requirements. HB 2662 addresses issues concerning military training mutes in the State. Another military preservation measure, SCM 1008:F-35 Strike Fighter; Arizona Bases, has been transmitted to the Secretary of State. The legislation instructs the Secretary to send a copy of the legislation to the Department of Defense and asks the Defense Secretary to consider making an Arizona military base the home of the F-35 joint str~ke fighter. Another measure, which would also be sent to the Secretary of State - CONTINUED ON PAGE 2 Page2 Issue No, 16 April 29, 2004 for transmittal to Congress requests the Bureau of Land Management to trade land with landowners near Luke Air Force Base and Yuma Army Proving Ground. The legislation still needs one more vote in the House of Representatives and a final vote is expected shortly. The only other military bill still remaining in the Legislature is HB 2140, the bill containing the Governor's Military Facilities Task Force recom- mendations. Because this legislation indudes an uppmpriation, HB 2140 was additionally referred to the Senate Appmpriatious Committee and is awaiting a hearing before that committee. We have received word from the Committee Chair, Senator Bob Burns, that the bill will be heard, however, not until after the details of the state budget are resolved, which could mean that the bill won't be heard for several weeks. Thanks to all of the municipal officials that have worked tirelessly on legislation to preserve Arizona's military installations. Specials thanks are also due to Representatives John Nelson, Jennifer Burns, Jim carruthers and Phil Hanson for their leadership on this important issue. Much Ado About Sex Offender Clustering There were many bills introduced trying to solve the problems associ- ated with sex offenders this year, but few have survived the Legislative process. Because our League resolution is rather broad regarding protections against sex offender clustering, we are monitoring all bills that may have an impact. The following bills are on the list: HB 2214: Sex Offenses; Defense; Registration, a bill that adds luring a minor for sexual exploitation to the list of dungemus crimes against children and prescribes sentencing for this crime, defines position of trust and in&des sex offender registration requirements, has been hdd up in the Senate Republican Caucus for several weeks and is likely dead for this session. HB 2418: Rental Properties; Sex Often&rs, &fines any rental property with more than ten percent registered sex offenders as tenants as a slum proper- ty and subjects the owner to dvil penalties. The bill exempts property that is in an industrially zoned district or that the courts have granted an excep- tion. The Chairman, Robert Blendih who is concerned about the constitu- tionalky of limiting where a person lives, has hdd this bill in the Senate Rules Comrulttee. There have been public requests to release the bill made by its sponsor, Representative Deb Gullett and Representative Clancy Jayne, but to no avail. This bill is most likely dead unless a discharge petition is signed by a supermajority of the Senate to release the bill from Rules. HB 2452: Sex Often&rs; Identification; Monitoring has been signed by the Governor and in its final form replaces an annual registration fee with a $250 registered sex offender assessment. It also requires a registered sex offender to carry an annually updated license and assigns a dass 1 roisde- meenor with a $250 penalty for failure to comply with license require- merits. The assessments and fees ore to be used for the maintenance of a sex offen&r monitoring website. This bill is now Chapter 142. HB 2602: Sex Often&rs; Community Notification makes level two sex often&rs subject to the same notification requirements as level three sex offenders. The bill requires a process to be created whereby a sex offen&r can request a lovd designation change and also that a study be done to determine whether standards are similar throughout the state when designating a sex offender at a spedfic level. This bill passed the Senate this week and should be up for a House vote next week. HB 2135: Sex Offenders; Registration; Lifetime Probation, sponsored by Representative John Ndson, would mandate lifetime probation for any person required to register as a sex offender that failed to do so. The bill was never heard in the House Appropriations Committee and is dead for this session. SB1307: Sex Offenders; Residency Restrictions prohibits more than three registered sex offenders on pmbafion from living in the same structure or within a one-quarter mile radius of another sex offender. The bill failed in the House Judidary Committee and is &ad for this session. SB 1291: Sex Often&rs; Community Hotification; Applicability would grant cities and towns the authority to apply existing registration, risk assessment, and community notification requirements to sex offend- ers that were convicted before June 1, 1996 (pre Megan's Law). This bill has not been heard in the House Rules Committee and is still pending. Legislation to Allow Firearms in Bars Advances The House approved SB 1210: Bar Licenses; Firearms; Insignias on Wednesday by a vote of 35-18. This legislation would require a restau- rant or bar licensed by the Department of Liquor Licenses and Control to conspicuously post a notice at each entrance if that establishment wishes to prohibit the possession of firearms. If a sign is not posted, a person would be permitted to possess a firearm. The bill was amen&d to restrict individuals with firearms from drinking insi& the establishment. Law enforcement had expressed concerns about this legislation and its potential impact on issues associated with liquor establishments. The legislation was originally introduced as HB 2648, however it failed to advance in the Senate after being hdd in both the Senate Commerce and Judiciary Committees. An amendment with language similar to HB 2648 was added to SB 1210 in the House Appropriations Committee. SB 1210 now goes to the Senate for the bill's sponsor, Senator Marilyn Jarrett, to ~ or reject the senate changes. If accepted, the btll would need a final Senate vote before going to the desk of Governor Napoliutno. Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Emaih league@mg.state.az.us. Visit us on the Internet at www. azleague.org. LEGISLATIVE BULLETIN Issue No. 17 May 6, 2004 IN THIS ISSUE Senate Releases Budget Plan, State Shared Revenue is Untouched ................ 1 Effort to Sneak In New Fees In the Budget is Brought to Light .................... 1 Governor's Military Preservation Task Force Bill Passes the Senate .......... 2 Arizona State Retirement System (ASRS) Eligibility Bill Clears Important Hurdle ..... 2 Third Time is Not a Charm for the Maricopa County Assessor .................. 3 Red Light For Anti-Cruising Bill ...................... 3 League of Arizona C tles ^ DTowns Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arixona Cities and Towns 1820 W. Washington Street Phoenix, Arizona 85007 rhone: 6024~8-5786 Fax: 602-253-3874 E-mail: league~mg.st ate.az.us Int er net: www. azleagu e.or g Senate Releases Budget Plan, State Shared Revenue is Untouched The Senate released its budget plan this week, ending a standoff between the House and Senate over which chamber would be the first to reveal their bud- get plan. The Senate budget is a product of bipartisan negotiations and con- tains a mixture of budget cuts, fund transfers and appropriations that would be "triggered" if revenues reach certain benchmarks. The good news is that state shared revenue is not reduced and is fully restored to the 15% level. Once the budget was rdeased on Monday, there was a flurry of activity in the Senate to pass the budget package through the Appropriations Committee and floor debate and vote. Yesterday, the full Senate voted on the budget bills and forwarded the budget package to the House for their consideration. All of the budget bills passed the Senate except for one of the two proposed all-day kindergarten funding bills. Because all-day kindergarten funding was the one outstanding issue that Senators could not come to agreement on, the Senate decided to introduce two competing all-day kindergarten bills. The bill that failed, SB 1408, would have funded a limited grant program for certain low- income schools for all-day kindergarten. SB 1407, which passed, is similar to the Governor's all-day kin&rgarten proposal and would eventually imple- ment state funding of all-day kindergarten at all public schools in the State. As reported last week, the House has still been extremely quiet about their budget plans. There have been rumors that the House has enough votes to pass the Senate budget bills, with some amendments, however, it is unclear what the amendments to the bills would contain. Because the legislative session is already past the 115th day, nearly two weeks later than the target adjournment date, there is considerable pressure on the House to take quick action on either their own budget or to work on the Senate's version. Due to this fact, it is likely that the House will take some action toward a budget next week. Effort to Sneak In New Fees In the Budget is Brought to Light When 19 budget bills are drafted and voted on within a three-day period, it is almost inevitable that someone will try to sneak something in somewhere. Last year it was judicial collections. While we are still sorting through the details of this week's voluminous Senate work, we have found at least one odiferous provision in their budget package. SB 1417, State Fees, contains a requirement for the Arizona Department of Quality (DEQ) to establish fees to - CONTINUED ON PAGE 2 Page 2 Issue t~o. 17 May 6, 2004 administer their pollution discharge elimination program. This would impact sewer and storm water permits. Until three years ago, the federal Environmental Protection Agency exercised regulatory authority over these permits. At the time, state legislation authorized DEQ to take over but with the firm understanding that if the State through DEQ was going to take on this new authority, it was not going to pass on the costs of implementation to the permittees including cities and towns. In fact the legislation expressly prohibited DEQ from assessing fees. The legislation likely would not have passed without this provision. This year's legislation violates the agreement from three years ago and was included in the Senate budget package without even consulting the permittees who the earlier agreement was made with and who will have to pay these fees. If the State didn't want to pay for this program, they shouldn't have taken it on. It was DEQ that pursued this authority. At the time, permittees induding cities and towns, were not advocating transferring oversight from the federal government to the State. The House will consider SB 1417 next week. Please let your representatives know that you are opposed to this provision and do not appreciate the State trying to go back on its word not to charge fees. While we are still trying to sort out the details, it is also important to note that it does not appear that DEO is pur- suing this change. We are still trying to track down the source and will let you know as soon as we learn more. Governor's Military Preservation Task Force Bill Passes the Senate As promised by the Senate Appropriations Chairman Bob Burns, the Governor's Military Facilities Task Force legislation was heard this week in conjunction with the budget hearings. Because it contained an appropriation, HB 2140 had been held up until a budget agreement was reached in the Senate. On Tuesday, the Senate Appropriations Committee passed FIB 2140, which was amended with a strike-everything amendment con- taining the latest version of the legislation from the Governor's Military Facilities Task Force. HB 2140 was approved by the full Senate yesterday by a vote of 28-2 with Senators Robert Cannell and Ken Cheuvront voting no. In addition to appropriating $4.9 million annually for military installation preservation projects, HB 2140 con- tains several changes to cities and towns land use policy for land in the vicinity of military airports. Specillcally, each city, town and county must notify the Attorney General of the approval, adoption or readoption of their general or compre- hensive plan or any major amendment to the plan within three business days and the Attorney General is authorized to determine compliance with planning and zoning in a high noise or accident potential zone. HB 2140 also defines "ancil- lary military facility" as Luke Air Force Base Gila Bend Auxiliary Field and Yuma Marine Corps Air Station Military Auxiliary Field and requires land use planning to accommo- date the high noise and accident potential zones for each of these installations. HB 2140 now goes back to the House for the bill's sponsor, Representative John Nelson to accept or reject the Senate changes. Arizona State Retirement SYstem (ASRS) Eligibili /Bill Clears Important Hurdle HB 2049, the legislation and League resolution that clari- fies what .entities are eligible to join ASRS is moving once again in the Legislature. This bill had been delayed because of two amendments to the bill added last month in the Senate Finance Committee. The amendments,which were unrelated to the ASRS eligibility provisions, appropriated funds from ASRS's administrative account to implement two other pieces of legislation passed earlier in the session dealing with ASRS policies. With the addition of an appropriation in HB 2049, the bill was additionally referred to the Senate Appropriations Committee, which delayed hearings until a budget agreement was reached. Because a budget agreement was reached in the Senate, the bill was addressed this week. However, instead of going to Appropriations, the bill was withdrawn from the Committee with the understanding that the money-related amendments will be stripped off on the Senate floor. Further progress was made this week when HB 2049 cleared the required procedural step of passing the Senate Rules Committee. It is now able to be considered by the full Senate. - CONTINIJED ON PAGE 3 Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@rag.state.az.us. Visit us on the Internet at www. azleague.org. Issue No. 17 May 6, 2004 Page 3 I 20 votes will be needed to pass the bill with an emergency clause so it is important to call your Senators and ask them to support HB 2049. There have been concerns expressed by some Senators that the bill would allow too many entities to join ASRS, however this is not true. Please be sure to tell your Senators that the eligibility requirements are specifically defined to only include entities that are created in whole or in part by political subdMsions, where the majority of the mem- bership is composed of political subdivisions and whose pri- mary purpose is the performance of government-related ser- vices. This change in definition will provide consistency to ASRS eligibility as some councils of government have been able to join while the Central Arizona and Maricopa councils were recently denied membership. Third Time is Not a Charm for the Maricopa County Assessor On Wednesday, the House failed SB 1341: Affidavit of Value; Political Subdivisions by a vote of 22-34. This is the bill brought forward by the Maricopa County Assessor to require cities and towns to provide information to the assessor when they acquire or sell properties. The bill was made even worse when an amendment was added to require cities, towns and state agen- cies to not only file additional information with their county recorders but to also pay county recorders for receiving it. This session marks the third time that legislators have decided that this bill is not necessary and have failed the bill. Hopefully this will send a message to the county assessor to try to work out the issue of information collection and dissemination with the county recorder and municipalities, rather than trying to place a state mandate on cities and towns. Thanks to all of the cities and towns that contacted their representatives on this issue! Your phone calls, emails and faxes made an impact with your representatives. Red Light For Anti-Cruising Bill HB 2136: Unauthorized Assembly Of Vehides; Penalty was thought to be a widely supported bill that had made it through both the House and Senate but was defeated at its final passage by a vote of 19 to 37. The bill would have allowed political subdivisions, through ordinance, to tow a vehicle if it restrains the movement of traffic or impedes law enforcement, emer- gency services or access to a business or home and allowed for a $I00 fine. The original legislation was brought forth by the City of Phoenix where "cruising" occurs in many parts of town on a regular basis and becomes a matter of great concern if and when police or emergency services cannot be deployed safely. This was not the first anti-cruising bill introduced and defeated over the years and it most likely will not be the last. Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Emaih league@mg.state.az.us. Visit us on the Internet at www. afleague.org.