HomeMy WebLinkAboutOrdinance 2023.023 Amending Town Code Title 12 (Traffic and Highways), Chapters 12-7 (Construction in Town Rights-of-Way); Revising Section 12-7-5 ( Permit Process; Grounds for Denial) to Revise Permit Application Requirement 20232160221
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08/04/2023 10:46:15 AM Page: 1 of 2
Gabriella Cazares-Kelly Recorder
OFFICIAL RECORDS OF PIMA COUNTY, AZ
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MARANA ORDINANCE NO. 2023.023
RELATING TO TRAFFIC AND HIGHWAYS; AMENDING TOWN CODE TITLE 12
(TRAFFIC AND HIGHWAYS), CHAPTER 12-7 (CONSTRUCTION IN TOWN RIGHTS-
OF-WAY); REVISING SECTION 12-7-5 (PERMIT PROCESS; GROUNDS FOR DENIAL)
TO REVISE PERMIT APPLICATION REQUIREMENTS; AND DECLARING AN
EMERGENCY
WHEREAS the Town Council is authorized by A.R.S. § 9-240 to exercise exclusive
control over the streets, alleys, avenues and sidewalks of the town; and
WHEREAS on January 22, 2008, the Town Council adopted Ordinance No.
2008.04, adding Chapter 12-7 "Construction in Town Rights-of-Way" to the Marana
Town Code, which chapter has been amended from time to time; and
WHEREAS the Town Council finds that revision of the regulations for
construction in Town rights-of-way as set forth in this ordinance is in the best interests of
the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Title 12 (Traffic and Highways) is hereby
amended to revise section 12-7-5 (Permit process; grounds for denial) as follows (with
deletions shown with ctrikcouts):
12-7-5 Permit process;grounds for denial
[No amendments to paragraph A]
B. Before issuance of any permit, each applicant will be required to do all of the
following:
[No amendments to subparagraphs 1 through 5]
6. Post bonds or other cash ferms of assurance=,vith the town in an amount
equal to the cost of construction for all required improvements plus 15% to
ensure completion of the proposed werk.Third party trust forms of assurance
arc not acceptable for work in the public right of way.
[No amendments to subparagraph 7 which is hereby renumbered as
subparagraph 6 to conform to these amendments]
00090115.DOCX/2
Ordinance No.2023.023 - 1 -
[No amendments to paragraphs C through E]
SECTION 2. The various town officers and employees are authorized and directed
to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 3. All ordinances, 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 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 5. Since it is necessary for the preservation of the peace, health and
safety of the Town of Marana that this ordinance become immediately effective, an
emergency is hereby declared to exist, and this ordinance shall be effective immediately
upon its passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 1st day of August, 2023.
ATTEST:
David L. Udall, Town Clerk
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00090115.DOCX /2
Ordinance No. 2023.023
Mayor Ed Honea
APPROVED AS TO FORM:
Ja airall, Town Attorney
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