HomeMy WebLinkAboutOrdinance 2024.006 Approving a Modification of Ordinance NO. 99.02 20240400117
ORDIN
02/09/2024 10:3S:02 AM Page: 1 of 2
Gabriella Cazares-Kelly Recorder
OFFICIAL RECORDS OF PIMA COUNTY, AZ
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MARANA ORDINANCE NO. 2024.006
RELATING TO DEVELOPMENT; APPROVING A MODIFICATION TO ORDINANCE
NO. 99.02 WHICH REQUIRES DEVELOPERS OF LAND WITHIN THE LOWER SANTA
CRUZ RIVER LEVEE BENEFIT AREA TO ENTER INTO A DEVELOPMENT
AGREEMENT WITH THE TOWN FOR PAYMENT OF THE LOWER SANTA CRUZ
RIVER LEVEE FEE TO REMOVE THE REQUIREMENT FOR A DEVELOPMENT
AGREEMENT
WHEREAS, on January 20, 1998, the Mayor and Council adopted Resolution No.
98.03 approving an intergovernmental agreement (the "IGA") between the Town and
Pima County Flood Control District (the "District") for development of the Lower Santa
Cruz Flood Control Levee Project (the "Project"); and
WHEREAS the IGA provides that the Town shall reimburse the District for the
Towri s share of the Project costs at$500 per benefitting acre; and
WHEREAS the IGA further provides that the Town shall adopt policies,
procedures, and ordinances designed to levy and collect the $500 per benefitting acre fee
from new development within the benefit area and that the method used to collect the
fee shall be at the sole discretion of the Town; and
WHEREAS, on February 16, 1999,the Mayor and Council adopted Ordinance No.
99.02 which provides that property owners subject to the $500 per benefitting acre fee
(the "Lower Santa Cruz River Levee Fee" or the "Fee") shall enter into a development
agreement with the Town prior to the issuance of a building permit on the property and
that the development agreement shall contain provisions for payment of the Fee at the
time of issuance of a building permit; and
WHEREAS, on May 17, 2006, the Mayor and Council adopted Resolution No.
2006-067, approving an intergovernmental agreement between the Town, Pima County,
and the District, authorizing the Town to use the Fee towards funding of design and
construction of additional joint projects related to Santa Cruz River bank protection,
including projects authorized by 1997 and 2004 Pima County bonds for the "Santa Cruz
River Park in the Vicinity of Continental Ranch" and"Marana Rattlesnake Park" projects;
and
WHEREAS, on May 6, 2014, the Mayor and Council adopted Ordinance No.
2014.012, adopting certain development impact fees and continuing previously adopted
development impact fees, including the Lower Santa Cruz Flood Control Levee Fee, and
Ordinance No.2024.006 - 1 -
providing that the Fee shall be collected upon issuance of a grading permit in the benefit
area; and
WHEREAS the adoption of Ordinance No. 2017.029 on December 19, 2017, and
Ordinance No. 2022.029 on December 20, 2022, continued the collection of the Fee as
originally adopted in Ordinance No. 99.02 and described in Ordinance No. 2014.012;and
WHEREAS the Mayor and Council find that the requirement for a property owner
to enter into a development agreement to pay the Lower Santa Cruz Flood Control Levee
Fee is not necessary and that the removal of that requirement is in the best interests of the
Town and its citizens.
NOW,THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. Marana Ordinance No. 99.02 is hereby modified to remove the
requirement for property owners to enter into a development agreement to pay the
Lower Santa Cruz Flood Control Levee Fee. All other provisions of Ordinance No. 99.02
shall remain in force and effect, as provided for in Ordinance Nos. 2014.012, 2017.029,
and 2022.029 and the Town shall collect the Fee upon issuance of a grading permit in the
benefit area.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are repealed as of the effective date of this ordinance.
Section 3. 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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 6th day of February 2024.
i()I --- ---7
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
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David L. Udall, Town Clerk Jane F irall, Town A torney
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