HomeMy WebLinkAboutOrdinance 2020.020 Amending Town Code Tittle 14 to make the Protected Facility Designation and Protected Facility Charge Available for Drainage Facilities F.
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MARANA ORDINANCE NO. 2020.020
RELATING TO UTILITIES; AMENDING MARANA TOWN CODE TITLE 14
(UTILITIES), CHAPTER 14-4 (CONSTRUCTION AND FINANCING OF UTILITY
FACILITIES) TO MODIFY SECTIONS 14-4-3 (CAPACITY REQUIREMENTS), 14-4-4
(REFUND OF COST OF FACILITIES FUNDED AND INSTALLED BY TOWN), AND
14-4-5 (NOTICE OF PROTECTED FACILITY AND ASSOCIATED CHARGE) TO MAKE
THE PROTECTED FACILITY DESIGNATION AND PROTECTED FACILITY CHARGE
AVAILABLE FOR DRAINAGE FACILITIES
WHEREAS Marana Town Code Title 14 (Utilities),Chapter 14-4(Construction and
Financing of Utility Facilities), sections 14-4-3 (Capacity requirements), 14-4-4 (Refund of
cost of facilities funded and installed by town), and 14-4-5 (Notice of protected facility
and associated charge) provide for the designation of water and sewer facilities as
protected facilities and authorize the creation of a protected facility charge associated
with those facilities; and
WHEREAS the Town Council finds that the best interests of the Town and its
citizens and businesses are served by expanding the protected facility designation and
protected facility charge to include drainage facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. Marana Town Code Title 14 (Utilities), Chapter 14-4 (Construction
and Financing of Utility Facilities) is hereby amended to revise section 14-4-3 (Capacity
requirements) as follows (with additions shown with double underlining and deletions
shown with strikeouts):
14-4-3 Capacity requirements
A. Waterer wastewater, or drainage system capacity requirements. The town water
director may require an applicant to install"on-site" or"off-site" water and/or
wastewater facilities of a size greater than is required to provide service to
applicant's development, and the town engineer may require an applicant to
install"on-site" or"off-site" drainage facilities of a size greater than is required
to protect or serve applicant's development. This requirement to install
oversized facilities is referred to as oversizing.
B. [No changes]
Ordinance No. 2020.020 -1 - 11/15/202011:40 AM
C. Oversizing recovery charge. The council may, at its sole option, designate the
facility as a "protected facility" and establish an "oversizing recovery charge"
to be charged proportionately to each subsequent use of the protected facility
connection by non-participating property owners made to or benefiting from
the oversizing.
SECTION 2. Marana Town Code Title 14 (Utilities), Chapter 14-4 (Construction
and Financing of Utility Facilities) is hereby amended to revise section 14-4-4 (Refund of
cost of facilities funded and installed by town) as follows (with additions shown with
double underlining and deletions shown with strikeouts):
14-4-4 Refund of cost of facilities funded and installed by the town
If a water,of wastewater, or drainage facility is installed and funded by the town
to provide water or wastewater service or drainage to a property not participating
in the construction cost, the water director or town engineer may request that the
council designate the facility as a "protected facility" and establish a "protected
facility charge" to be charged proportionately to each subsequent use of the
protected facility connection by non-participating property owners made to or
benefiting from the protected facility.
SECTION 3. Marana Town Code Title 14 (Utilities), Chapter 14-4 (Construction
and Financing of Utility Facilities) is hereby amended to revise section 14-4-5 (Notice of
protected facility and associated charge) as follows (with additions shown with double
underlining and deletions shown with strikeouts):
14-4-5 Notice of protected facility and associated charge
A. Not less than 30 days before the designation of a protected facility and the
adoption of an oversizing recovery charge or protected facility charge, the
water director (for water or wastewater facilities) or town engineer (for
drainage facilities) shall notify owners of potentially affected property.
B. Potentially affected property consists of lands the water director or town
engineer reasonably believes are likely someday to be served or drained by the
protected facility, taking into consideration topography, proximity, and (for
water or wastewater facilities) normal water and sewer facility service and
extension factors or (for drainage facilities) anticipated drainage flow
attributes.
C. [No changes]
D. All of the following shall be included with the notice:
1. [No changes]
2. The amount per equivalent demand unit, acre,unit of flow, or other similar
measurement of the oversizing recovery charge or protected facility charge.
3. [No changes]
Ordinance No.2020.020 -2- 11/15/202011:40 AM
4. [No changes]
E. [No changes]
SECTION 4. The various town officers and employees are authorized and directed
to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 5. All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this ordinance are
hereby repealed, effective as of the effective date of this ordinance.
SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 7. This ordinance shall become effective on the thirty-first day after its
adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of December, 2020.
i
Mayor EdIgnea
ATT . APPROVED ASTO FORM:
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Cherry L. L. so , own Clerk Fair-all, Town Attorney
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Ordinance No.2020.020 -3- 11/15/2020 11:40 AM