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Home My WebLink About05-21-2024 Regular Council Meeting Agenda PacketMARANA AZ E STAB L IS HE D 1 9 7 7 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 21, 2024, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on May 21, 2024, at or after 6:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all electronic devices. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 6:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. Marana Town Council Regular Meeting Agenda Packet Page 1 of 561 May 21, 2024 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. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.maranaaz.gov under Agendas and Minutes. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at (520) 382-1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. Marana Town Council Regular Meeting Agenda Packet Page 2 of 561 May 21, 2024 PROCLAMATIONS PR1 Proclamation Recognizing Janice Moser (David L. Udall) PR2 Proclamation Recognizing National Public Works Week (David L. Udall) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P1 Relating to Budget; presentation of third quarter results (July -March) for the Town's General Fund and other selected major funds for the 2023-2024 fiscal year (Yiannis Kalaitzidis) CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C1 Resolution No. 2024-043: Relating to Administration; approving and authorizing the Finance Director to execute Amendment One to the Inmate Work Contract between the Town of Marana and the Arizona Department of Corrections, Rehabilitation, and Reentry for inmate labor services (Libby Shelton) C2 Resolution No. 2024-044: Relating to Budget; approving the transfer of up to $300,000 in budgeted expense authority from the Transportation fund (Fund #3030) Lon Adams Rd. Reconstruction Project (ST068) to increase the project budget for the Dove Mnt Bl-Moore Rd Signal, North Project (ST100) in the fiscal year 2023-2024 budget (Fausto Burruel) C3 Resolution No. 2024-045: Relating to Development; approving the final plat for The Enclave at Twin Peaks, Lots 1 Through 70, Common Area "A" (Open Space, Drainage, Landscape, Public Utilities), Common Area "B" (Recreation Area, Open Space & Public Utilities), Common Area "C" (Open Space, Drainage & Landscape) located directly northeast of the Camino De Marana Town Council Regular Meeting Agenda Packet Page 3 of 561 May 21, 2024 Mariana and Twin Peaks Road intersection, in a portion of Section 12, Township 12 South, Range 12 East (Scott S. Radden) C4 Resolution No. 2024-046: Relating to Development; approving the Amended Final Plat for Tangerine/ I-10, Lots 4D-4H and Block 114" generally located south of Tangerine Road and west of Rillito Village Trail within Section 1, Township 12 South and Range 11 East, and Section 6, Township 12 South and Range 12 East (Scott S. Radden) C5 Resolution No. 2024-047: Relating to Municipal Court; approving the reappointment of Dixie DeBonis as a civil traffic violation hearing officer for the Marana Municipal Court (Laine McDonald) C6 Resolution No. 2024-048: Relating to the Police Department; approving and authorizing the Mayor to execute an Intergovernmental Agreement Regarding 911 Funding between the City of Tucson, acting as the System Administrator for Pima County, and the Town of Marana addressing responsibilities regarding the 9-1-1 system and distribution of 9-1-1 Revolving Fund money; rescinding Resolution No. 2021-061 (Chief Jeff Pridgett) C7 Relating to Procurement; ratifying the Town Manager's approval of a change order to the Lon Adams Rd. Reconstruction (ST068) construction contract with ISX Construction LLC in the amount of $9,272.35; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Fausto Burruel) C8 Resolution No. 2024-049: Relating to Public Works; approving and authorizing the Mayor to sign a public improvement participation agreement with Mandarina Holdings, LLC and Mandarina South, LLC for the design of certain drainage and roadway design elements as part of the Towri s Adonis Road Extension project (Jane Fairall) C9 Resolution No. 2024-040: A resolution of the Mayor and Common Council of the Town of Marana, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Finance Authority of Arizona from its Drinking Water Revolving Fund Program; delegating the determination of certain matters relating thereto to the Manager of the Town; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such loan agreement and this resolution and declaring an emergency (Jing Luo) Marana Town Council Regular Meeting Agenda Packet Page 4 of 561 May 21, 2024 C10 Approval of Regular Council Meeting Summary Minutes of May 7, 2024 (David L. Udall) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2024.012: Relating to Development; approving a rezoning of approximately 19.6 acres of land generally located approximately one-half mile west of the intersection of West Grier Road and North Wentz Road from Zone A (Small Lot Zone) To NC (Neighborhood Commercial); and approving a minor amendment to the General Plan amending the land use category from Traditional Neighborhood (TN) to Commercial (C) (Scott S. Radden) A2 Ordinance No. 2024.013: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule; and designating an effective date (Yiannis Kalaitzidis) Resolution No. 2024-050: Relating to Finance; declaring as a public record filed with the Town Clerk the amendments to the Town of Marana Comprehensive Fee Schedule adopted by Ordinance No. 2024.013 (Yiannis Kalaitzidis) A3 PUBLIC HEARING: Resolution No. 2024-051: Relating to Budget; adopting the fiscal year 2024-2025 tentative budget (Yiannis Kalaitzidis) ITEMS FOR DISCUSSION/ POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possible action or direction regarding all pending state, federal, and local legislation/ government actions and on recent and upcoming meetings of other governmental bodies (Terry Rozema) D2 Relating to Public Art; presentation, discussion and selection of public art design concept for fabrication and installation along Avra Valley Road near the Marana Regional Airport for the 2024 Transportation Art by Youth (TABY) project (Andrea De La Cruz) Marana Town Council Regular Meeting Agenda Packet Page 5 of 561 May 21, 2024 EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Marana Town Council Regular Meeting Agenda Packet Page 6 of 561 May 21, 2024 A6� C----* MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting PR1 Meeting Date: 05/21/2024 Submitted For: Debbie Thompson, Deputy Town Clerk Date: May 21, 2024 Subject: Proclamation Recognizing Janice Moser (David L. Udall) Proclamation Attachments Marana Town Council Regular Meeting Agenda Packet Page 7 of 561 May 21, 2024 MARANA AZ ESTABLISHED 1977 PROCLAMATION Recognizing Janice Moser WHEREAS, Janice Moser, Senior Crime Analyst, served the Tucson Police Department for 34 years, initially joining TPD as a civilian staff member in various full and part-time positions while balancing the responsibilities of raising children; and WHEREAS, in 1991 and while still at TPD, Janice was promoted to the role of Criminal Intelligence Analyst; and WHEREAS, Janice received several awards and accolades while working at TPD, including the Civilian of the Year in 1990, a Commendation award in 1996, Public Service of Excellence Award in 2002, and the Medal of Service Recognition in 2003; and WHEREAS, Janice joined the Marana Police Department on September 17, 2007; and WHEREAS, Janice pioneered the role of Crime Analyst at MPD by establishing foundational protocols and methodologies. She developed and implemented a comprehensive standard of quality in analytical work through collaboration with departmental stakeholders to tailor the work to the unique needs and objectives of MPD; and WHEREAS, Janice collaborated closely with departmental leadership to identify emerging trends and prioritized proactive measures for crime prevention and community safety in bi-weekly Strategic Tactical Operational Planning sessions; and WHEREAS, Janice delivered actionable intelligence to inform decision -making processes and optimize resource allocation and operational effectiveness for all levels of the Department; and WHEREAS, while at MPD, Janice was awarded the Medal of Merit in 2013 and the Civilian of the Year in 2021; and WHEREAS, Janice is retiring on May 31, 2024, and is eagerly looking forward to the journey of continual learning as she embraces the art of retired living. She eagerly anticipates embarking on travel adventures, nurturing gardens, prioritizing relaxation, and delving into the exploration of new hobbies and interests. NOW, THEREFORE, I, Ed Honea, Mayor of the Town of Marana, do hereby recognize and commend Senior Crime Analyst Janice Moser for her many years of service and for the profound impact she has had on the Town, and I invite the citizens of Marana to join me in congratulating her on her retirement. Dated this 2lst day of May, 2U2 ATTEST: David L. Udall, Town Clerk Ed Honea, Mayor Marana Town Council Regular Meeting Agenda Packet Page 8 of 561 May 21, 2024 MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting Meeting Date: 05/21/2024 Submitted For: Debbie Thompson, Deputy Town Clerk Date: May 21, 2024 Subject: Proclamation Recognizing National Public Works Week (David L. Udall) Proclamation Attachments F"a Marana Town Council Regular Meeting Agenda Packet Page 9 of 561 May 21, 2024 MARANA AZ ESTABLISHED 1977 PROCLAMATION Recognizing National Public Works Week WHEREAS, public works provides services in our community that are an integral part of the lives of our citizens; and WHEREAS, state and local governments are responsible for designing, constructing, reconstructing, operating, and maintaining transportation systems, water and wastewater systems, public parks, public buildings, and other structures and facilities essential to serving their citizens; and 'WHEREAS, the health, safety, and comfort of this community greatly depends on public works facilities and services; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the understanding of informed citizens regarding the important work they perform; and WHEREAS, the year 2024 marks the 64th Annual National Public Works Week. The theme for this week is "Advancing Quality of Life for All" which shines a spotlight on the way public works professionals advance our quality of life; and NOW, THEREFORE, I, Ed Honea, Mayor of the Town of Marana, do hereby proclaim May 19 - 25, 2024 as National Public Works Week and call upon all citizens and civic organizations to acquaint themselves with the issues involved in- supporting public works and to recognize the contributions that public works personnel make to provide the infrastructure required to sustain the comfort , health, safety, and well-being of our community. Dated this 22nd day of May, 2024. AT David L. Udall, Town Clerk Ed Honea, Mayor Marana Town Council Regular Meeting Agenda Packet Page 10 of 561 May 21, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting P1 Meeting Date: 05/21/2024 To: Mayor and Council From: Yiannis Kalaitzidis, Finance Director Date: May 21, 2024 Strategic Plan Focus Area: Not Applicable Subject: Relating to Budget; presentation of third quarter results (July -March) for the Town's General Fund and other selected major funds for the 2023-2024 fiscal year (Yiannis Kalaitzidis) Discussion: The purpose of this item is to present a summary of the Town's third quarter financial results (July -March) for the Town's General Fund and other selected major funds for fiscal year 2023-2024. It is important to note that these results are preliminary, unaudited, and subject to change based upon adjusting entries, as necessary. The attached provides a high-level revenue and expenditure summary at the end of the current quarter. Revenue Overall, revenues are within or above expectations for all funds at this time of the year when considering cyclical trends. • Revenues for the General Fund are better than expected due to consistently better than anticipated sales taxes in most categories. Higher than anticipated development revenues and investment income have also contributed significantly. • HURF fund revenues are just above expectations due to 3rd party contributions. Activity related to vehicle related tax categories is below expectations at this time of the year while investment returns are above expectations. • Transportation fund revenues are above expectations due to higher than anticipated residential and commercial activity. • Bed Tax fund revenues are slightly above expectations due to resilient pricing rates which have resulted in higher than anticipated revenues in the hospitality Marana Town Council Regular Meeting Agenda Packet Page 11 of 561 May 21, 2024 industry. • Half Cent Sales Tax fund revenues which are being used for the multi -generational community and aquatics center continue to average above $600,000 per month since the fund's inception. • Charges for services revenues in the enterprise funds are within or above expectations for this time of year. Expenditures Expenditures in all funds are at or below expectations through the third quarter of the fiscal year. This is partly due to the timing of one-time projects and programs, some of which are multi -year in nature including the Tangerine Road widening east of I-10 and the multigenerational community and aquatics center. The Water and Water Reclamation funds are within expectations and in line with prior year activity when excluding prior year emergency repairs and transfers out of the fund which are recorded at the end of the fiscal year and mainly pay for capital projects funded from user rates. The Water Reclamation fund expenditures include transfers in excess of $14 million, shown as expenditures, related to the recent refinancing of water reclamation related debt. The quarterly update will be available on the Town's website following tonight's meeting. The public may interact with the Power BI tool by drilling down into the data. The tool can be found on the following page: httl2://www.maranaaz.gov/financial-documents Staff Recommendation: Presentation of third quarter financial results only. Suggested Motion: Presentation of third quarter financial results only. Attachments FY2023-2024 Third Quarter Financial Update Marana Town Council Regular Meeting Agenda Packet Page 12 of 561 May 21, 2024 Financial Brief: Third Quarter Fiscal Year 2023 Prepared by: Finance Department 2024 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 13 of 561 Contents Summary General Fund Revenues2 General Fund Expenses ___________________________________________ 3 HURF Revenues 4 HURFExpenses------------------------------------------------------------5 Transportation Fund Revenues -------------------------------- 6 Transportation Fund Expenses ---------------------------------- 7 Bed Tax Fund Revenues8 Bed Tax Fund Expenses --------------------------------------------- 9 Half Cent Sales Tax Fund Revenues 10 Half Cent Sales Tax Fund Expenses ------------------------- 1 1 Water Revenues 12 WaterExpenses ----------------------------------------------------------- 13 Water Reclamation Revenues --------------------------------- 14 Water Reclamation Expenses ---------------------------------- 15 Airport Revenues --------------------------------------------------------- 16 Airport Expenses ---------------------------------------------------------- 17 Marana Town Council Regular Meeting Agenda Packet Page 14 of 561 May 21, 2024 FISCAL YEAR 2023 - 2024 THIRD QUARTER FINANCIAL BRIEF This financial brief is intended to provide a broad overview and status of revenues and expenditures for the Town's selected major funds through the third quarter of fiscal year 2024 (July 2023 - March 2024). Major funds included in this financial brief are the General Fund, Highway User Revenue Fund (HURF), Bed Tax Fund, Half Cent Sales Tax Fund and Transportation Fund. Also included are the Airport, Water, and Water Reclamation enterprise funds. Please note that all amounts are preliminary, unaudited and subject to change based upon adjusting entries, as necessary_ The table below shows an overview for each fund. :� AEI101111 V Fund FY 2024 Budget Actual % Budget GENERAL FUND 69,792,496 68,891,158 990i( HURF 5,079,784 4,032,251 79% TRANSPORTATION FUND 4,300,000 12,150,616 283% BED TAX FUND 1,450,000 1,169,453 81% 112 CENT SALES TAX 59,561,367 57,459,023 96% WATER FUND 10,686,919 7,427,977 70% WATER RECLAMATION FUND 4,047,125 2,890,212 71% AIRPORT FUND 647,162 188,730 29% ma1019]rl11111A *1-1 FY 2024 Budget Actual % Budget 75,085,291 42,863,679 57% 6,765,028 2,759,508 41 % 29,654,333 2,026,511 7% 1,950,000 998,807 51% 63,170,697 14,002,734 22% 13,478,206 6,719,820 50% 5,678,587 16,300,471 287% 647,162 357,386 55% OVER/UNDER YTD Over/Under 26,027,479 1,272,743 10,124,105 170,646 43,456,289 708,157 -13,410,259 -168,656 Click HERE for a User Guide and FAQ about this report Maran,T Council Regular Meeting Agenda Packet May 21, 2024 Page 15 of 561 MARANA FY 2023-2024 THIRD QUARTER: GENERAL FUND REVENUES Category Sales Tax Intergovernmental Licenses, Fees, & Permits Charges for Services Other FY 2024 Budget Actual % Budget 35,123,831 33,602,422 96% 25,945,620 19,403,351 75% 4,617,500 7,221,581 156% 829,000 576,381 70% 3,276,545 8,087,423 247% 0M Select Revenue or Expense EXPENSES REVENUES 70M General Fund Relevant Information The General Fund is the Town's primary operating fund. Sales Tax, Intergovernmental revenues and Licenses, Fees, & Permits make up over 95% of budgeted revenues for the fund. Overall, collections are above expected levels through the third quarter of FY2024. Sales tax and contracting tax revenues are both well above last fiscal year's third quarter revenues despite continued economic uncertainty. Intergovernmental revenues include amounts received from the State's shared revenue program and are distributed based upon population estimates and economic conditions. Licenses, Fees, & Permits also are exceeding expectations with revenues greater after the third quarter this fiscal year when compared to last year due to higher Year • 2022 02023 02024 WCategory 30M Sales Tax 27,501,291 31,549,616 33,602,422 Intergovernmental 12,143,321 15,852,324 19,403,351 zoM Licenses, Fees, & Permits 8,543,049 6,016,274 7,221,581 Charges for Services 833,876 661,050 576,381 101M Other Ral 1,437,500 9,0 4,039,753 9,0 8,087,423 - OM Sales Tax Intergovernmental Licenses, Fees, & Marana Town Council Regular Meeting Agenda Packet Charges for Other May 21, 2024 Page 16 of 561 Permits Services 2 FY 2023-2024 THIRD QUARTER: GENERAL FUND EXPENSES mmCategory Personnel & Benefits Contracted Services Operating Supplies & Equipment Capital Outlay Debt Service FY 2024 Budget Actual 44,131,900 29,622,780 10,286,426 5,658,930 9,053,382 6,005,397 6,706,962 1,187,025 0 OX Budget A 67% 55% 66% 18% 0M 43M Select Revenue or Expense EXPENSES REVENUES 75M General Fund Relevant Information General Fund expenses through the third quarter of FY2024 overall are lower than anticipated. Personnel & Benefits expenses are in line with expectations. Savings to date are due to vacancies across several departments. Capital Outlay is associated with a number of projects and capital equipment purchases, many of which will occur later in the fiscal year or are being carried over for completion in the next fiscal year. Other Financing Uses is related to budgeted transfers which will also be completed later in the year. Year 2022 02023 2024 30M 20V 10M 0M EL.Category Personnel & Benefits Contracted Services Operating Supplies & Equipment Capital Outlay Other Financina Uses 22,227,300 32,222,831 29,622,780 4,252,459 4,955,147 5,658,930 4,305,851 4,414,673 6,005,397 473,963 1,657,367 1,187,025 623,022 314,393 389,547 Personnel & Benefits Contracted Services Operating Supplies & Equipment Marana Town Council Regular Meeting Capital Outlay May 21, 2024 FY 2023-2024 THIRD QUARTER: HURF REVENUES Category Intergovernmental Charges for Services Other ota FY 2024 Budget Actua%Budget 4,969,784 3,400,992 68% .. 110,000 148,375 135% 5,079,784 4,032,251 79% 0M 4M Select Revenue or Expense EXPENSES REVENUES 5M HURF Relevant Information AL The Highway User Revenue Fund or HURF is set by the collection of fees and taxes from users of the State's roads and highways which the State collects. Cities and towns receive a percentage of revenues based on population estimates and gasoline sales within each county. Third quarter HURF revenue collections are below budgeted expectations. Charges for services are payments in lieu of fees collected from third parties to be expended for the preservation of roads. Other revenue is comprised of investment income and reflects the current environment of higher interest rates. Year • 2022 02023 02024 3M 2M IK IN UV Intergovernmental EL Category Intergovernmental Charges for Services Other _ Marana Town Council Regular Meeting Agenda Packet I May 21, 2024 Charges for Services Other 3,118,228 3,470,002 3,400,992 48,098 115,029 482,883 32,095 107,097 148,375 Page 18 of 561 N FY 2023-2024 THIRD QUARTER: HURF EXPENSES Category Contracted Services Operating Supplies & Equipment Capital Outlay Debt Service Other Financina Uses FY 2024 Budget Actual % Budget 5,414,934 2,164,922 40% 298,050 207,828 70% 851,992 386,724 45% 0 34 0% 200,052 0M Select Revenue or Expense EXPENSES REVENUES igp3M ,M HURF Relevant Information HURF expenses are overall below budgeted amounts through the third quarter of FY2024. Contracted Services is below budget due to the timing of the Town's Pavement Preservation Program. The prior year preservation program was completed earlier this year. The current year preservation program budget is being carried forward to the next budget year due to contracting issues. Operating Supplies & Equipment is overall in line with expectations. Capital Outlay is associated with vehicle/equipment purchases, some of which were carried forward, and ADA compliance and irrigation project funding that will be utilized in future periods. Other Financing Uses is restricted budget for possible monsoon storm damage or other i mnntirinntcr: nnnAc Year • 2022 02023 02024 2M 1M 0M Contracted Services Operating Supplies & Equipment EL Category Contracted Services 1,686,651 1,617,530 2,164,922 Operating Supplies & Equipm... 161,879 211,696 207,828 Capital Outlay 67,567 507,104 386,724 Debt Service 34 al M Marana Town Council Regular Meeting Agenda Packet Page 19 of 561 Capital Outlay Debt Service May 21, 2024 5 FY 2023-2024 THIRD QUARTER: TRANSPORTATION FUND REVENUES Category FY 2024 Budget Actual % Budget Sales Tax 4,150,000 12,018,252 290°/,- Other 150,000 132,364 88% 4,300,000 12,150,616 0M Select Revenue or Expense EXPENSES REVENUES 4M Transportation Fund Relevant Information The Transportation Fund is comprised of 75% of all contracting taxes collected by the Town, and is to be used for new road construction and reconstruction projects. Third quarter revenue collections have exceeded budget expectations for the year due to higher than anticipated residential and commercial construction activity throughout the Town. In addition, revenues reflect a one-time sales tax recovery from a prior period as the result of a statewide audit. Other budgeted revenue is comprised of investment income and one-time third party contributions. Year 2022 02023 2024 1 ory 5M 0M WCategory Sales Tax Other Total Marana Town Council Regular Meeting Agenda Packet May 21, 2024 �022 �EL2023 2024 5,226,271 11,038,749 12,018,252 670,688 75,308 132,364 Page 20 of 561 6 Sales Tax Other FY 2023-2024 THIRD QUARTER: TRANSPORTATION FUND EXPENSES Category � FY 2024 Budget Actual % Budget Operating Supplies & Equipment 650,000 241,983 37% Capital Outlay 26,831,326 1,676,434 6% Debt Service 10,000 14,204 142% Other Financing Uses 1 2,163,007 93,890 4% 2 M OM Select Revenue or Expense EXPENSES REVENUES 30M Transportation Fund Relevant Information Transportation Fund expenses are below budgeted levels through the third quarter of FY2024.0 Operating Supplies & Equipment is associated with ongoing developer reimbursements p p 9 9 q p g pp9 9 p paid on a semi-annual basis. Capital Outlay is associated with multi -year CIP projects, including Tangerine Road widening east of 1-10 and Twin Peaks Road & Rattlesnake Pass widening. Other Financing Uses is primarily associated with planned transfers related to debt service. Year 2022 02023 2024 2M WAY 0M ELCategory 202 IL202AL2024'1 Operating Supplies & Equipm... 412,653 446,610 241,983 Capital Outlay 231,896 2,672,603 1,676,434 Debt Service 14,059 13,994 14,204 Other Financing Uses 125,078 109,872 93,890 'Wal Marana Town Council Regular Meeting Agenda Packet Page 21 of 561 Other Financing Uses May 21, 2024 Operating Supplies & Equipment Capital Outlay Debt Service 7 FY 2023-2024 THIRD QUARTER: BED TAX FUND REVENUES Category Sales Tax FY 2024 Budget Actual % Budget 1,450,000 1,169,453 0M Select Revenue or Expense EXPENSES REVENUES t M HUV Bed Tax Fund Relevant Information The Bed Tax Fund accounts for the collection of the discriminatory portion of revenues restricted for tourism initiatives. Third quarter revenue collections for FY2024 are a little lower than last year due to slightly lower occupancy and average room rates. However, total revenues still project to exceed the FY2024 budgeted amount. Overall, hotel revenues are proving to be resilient with room pricing rates remaining significantly above pre -pandemic levels while overall demand has fully recovered to normal prior year cycles. Year • 2022 •2023 02024 0.51M 0.0 M I& Category 2022 2023' Sales Tax 1,299,650 1,288,736 1,169,453 Marana Town Council Regular Meeting Agenda Packet Page 22 of 561 May 21, 2024 Sales Tax FY 2023-2024 THIRD QUARTER: BED TAX FUND EXPENSES Category Personnel & Benefits Contracted Services Operating Supplies & Equipment Other Financing Uses FY 2024 Budget Ac ua % Budget 161,953 112,814 70% 1,079,OS6 885,474 82% 0'. .. 1,950,000 998,807 51 % 0M Select Revenue or Expense EXPENSES REVENUES 41099(9K ,„ Bed Tax Fund Relevant Information As a whole, the Bed Tax Fund spending is as expected through the third quarter of FY2024. Contracted services is primarily related to the annual State Land lease payment and also includes planned advertising costs in support of tourism activities. Operating Supplies & Equipment includes developer rebates. Other Financing Uses is restricted budget for unanticipated needs and includes $500,000 for future tourism related opportunities not yet identified by the department. Year • 2022 92023 02024 0.SM 0.0 M EL.Category Personnel & Benefits Contracted Services Operating Supplies & Equipment Marana Town Council Regular Meeting Agenda Packet Operating Supplies & May 21, 2024 Equipment 101,250 37,590 112,814 735,544 796,855 885,474 445 1,017 519 Page 23 of 561 Personnel & Benefits Contracted Services FY 2023-2024 THIRD QUARTER: HALF CENT SALES TAX FUND REVENUES Category FY 2024 Budget Actual % Budget _dL_ Sales Tax 6,561,367 5,745,889 88% Other 53,000,000 51,713,133 98% 0M Select Revenue or Expense EXPENSES REVENUES 60M 1/2 Cent Sales Tax Fund Relevant Information Town Council adopted Ordinance 2021.022 to amend the Town Tax Code by increasing the tax rate on certain activities by one-half cent for a new multi -generational recreation facility. Collections through the third quarter of the fiscal year continue to exceed expectations as the economy continues to perform better than anticipated in an uncertain economic environment. Collections from the tax continue to average more than $600,000 per month. Other revenues are related to debt proceeds issued in February to pay for the construction of Year • 2022 92023 02024 60 M 40 M 20M EL Category Sales Tax F1 Other F 0M Sales Tax Other Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 24 of 561 I FY 2023-2024 THIRD QUARTER: HALF CENT SALES TAX FUND EXPENSES Category FY 2024 Budget Actual % Budget _dL_ Capital Outlay 60,572,026 13,434,680 22% Debt Service 2,500,000 568,053 23% 63,072,026 00 OM I 4M Select Revenue or Expense EXPENSES REVENUES 63M 112 Cent Sales Tax Fund Relevant Information The FY2024 budget is associated with the design and construction and equipping of a new multi -generational recreation facility. Construction of the facility began in the second quarterof 9 9 9 tY• Y g q FY2024. Moving forward additional facility construction costs will be shown here. Debt Service expense is related to the issuance of debt being used to pay for the construction of the facility. Year • 2023 •2024 0M Category Capital Outlay Debt Service Marana Town Council Regular Meeting Agenda Packet May 21, 2024 2023 2024 2,090,911 13,434,680 568,053 0•0 . '"I Page 25 of 561 Capital Outlay FY 2023-2024 THIRD QUARTER: WATER OPERATING FUND REVENUES Category AL Intergovernmental Licenses, Fees, & Permits Charges for Services Other FY 2024 Budget Actual % Budget 328,000 130,000 137,538 106% 8,622,500 6,988,627 81 % 1,606,419 301,812 19% 10,686,919 7,427,977 0. Nva Select Revenue or Expense EXPENSES REVENUES \7 UK& Water Fund Relevant Information The current rates and fees for Marana Water customers can be found at - htt //www.maranaaz. ov/water-rates-and-fees. Charges for Services water sales comprise the majority of the P� g 9 ( ) P J Y revenue for the fund. Revenue collections through the third quarter of FY2024 are slightly above expectations. Other revenue is primarily comprised of planned interfund transfers used for debt service payments. Category 2022 Intergovernmental 169,451 Licenses, Fees, & Permits 160,209 Charges for Services 5,220,222 Other 461,513 Total 2023 2024 176,897 160,235 137,538 5,599,968 6,988,627 206,403 301,812 Intergovernmental Licenses, Fees, & Permits Marana Town Council Regular Meeting Agenda Packet Charges for Services Other May 21, 2024 Page 26 of 561 12 FY 2023-2024 THIRD QUARTER: WATER OPERATING FUND EXPENSES Select Revenue or Expense EXPENSES REVENUES Category FY 2024 Budget Actual % Budget Personnel & Benefits 3,544,061 2,285,499 64% Contracted Services 2,628,534 1,438,053 55% 4P Operating Supplies & Equipment 2,457,813 1,741,297 71% Capital Outlay 322,000 99,599 31% Debt Service 1,372,213 1,155,378 84% 7 M Other Financing Uses 3,153,585 0M / 13M 0. 6,719,826 50% Water Fund Relevant Information Overall, FY2024 third quarter expenses for the Water Operating Fund continue to be below budget levels but within expectations. Personnel & Benefits are below expectations due to turnover in a number of positions. Debt Service is related to WIFA loan payments made in the first three quarters of FY2024. Capital costs associated with infrastructure and CIP projects are captured in separate funds. Other Financing Uses is associated with planned transfers to the Water Capital Fund for the construction of capital projects. 2M 1M 0M Personnel & Benefits Contracted Services Operating Supplies & Equipment EL.Category Personnel & Benefits Contracted Services Operating Supplies & Equipm Capital Outlay Debt Service Total Marana Town Council Regular Meeting Agenda Packet Capital Outlay Debt ServiWay 21, 2024 L022 � 023'I024 1,631,566 2,031,011 2,285,499 1,271,336 1,326,628 1,438,053 1,285,688 1,679,328 1,741,297 162,873 90,339 99,599 1,278,961 1,297,402 1,155,378 Page 27 of 561 13 FY 2023-2024 THIRD QUARTER: WATER RECLAMATION OPERATING FUND REVENUES Category Licenses, Fees, & Permits Charges for Services Other FY 2024 Budget Actual 3 % Budget 130,000 43,928 34% 1 3,070,105 2,439,945 79% 847,020 406,339 48% 04•0 0M Select Revenue or Expense EXPENSES REVENUES 4M Water Reclamation Fund Relevant Information The current rates and fees for Marana Sewer customers can be found at - http://www.maranaaz.gov/water-rates-and-fees. Charges for Services (sewer rates) comprise the majority of the revenue for the fund. Overall, preliminary FY2024 third quarter revenue collections meet expectations. The majority of Other planned revenue is related to budgeted transfers between funds for debt service payments. Year • 2022 92023 02024 MCategory Licenses, Fees, & Permits 124,216 24,999 43,928 2M Charges for Services 1,900,937 2,073,163 2,439,945 Other 416,738 406,188 406,339 .. 2,441,2 i, ..� 1M Town Council Regular Meeting Agenda Packet Page 28 of 561 0M May 21, 2024 Licenses, Fees, & Permits Charges for Services Other 14 FY 2023-2024 THIRD QUARTER: WATER RECLAMATION OPERATING FUND EXPENSES Category Personnel & Benefits Contracted Services Operating Supplies & Equipment Debt Service Other Financing Uses Total I NOME FY 2024 Budget Actual % Budget 780,944 557,850 71 % 1,380,075 619,054 45% 438,012 296,637 68% 866,981 641,781 74% 2,137,575 14,185,150 664% MUV Select Revenue or Expense EXPENSES REVENUES 6M Water Reclamation Fund Relevant Information Overall, third quarter expenses for the Water Reclamation Operating Fund are within or below expectations at this time of year. Debt Service is related to annual WIFA loan payments. Capital costs associated with infrastructure and CIP projects are captured in separate funds. Other Financing Uses is related to refunding $14.1 million of existing debt which, in the past, was being reporting in governmental funds. Year • 2022 •2023 2024 0.8 M Category 2022 2023 2024 Personnel & Benefits 439,820 0.6 M Contracted Services 782,330 0.4M Operating Supplies & Equipm... 270,839 Debt Service 458,588 0.2M Other Financing Uses 0.01M r Marana Town Council Regular Meeting Agenda Packet Personnel & Benefits Contracted Services Operating Supplies & Debt Service May 21, 2024 Equipment 473,789 557,850 691,447 619,054 281,582 296,637 453,199 641,781 14,185,150 Page 29 of 561 15 FY 2023-2024 THIRD QUARTER: AIRPORT OPERATING FUND REVENUES Category — Charges for Services Other FY 2024 Budget Act %Budget �47,67- 188,415 54 299,490 315 0% OK Select Revenue or Expense EXPENSES REVENUES 647K Airport Fund Relevant Information Overall, preliminary third quarter revenue collections for the Airport Fund are in line with expectations. Other revenue is primarily comprised of miscellaneous revenues and transfers between funds scheduled to be completed as the Town reconciles and closes the books at the end of the fiscal year. Year • 2022 •2023 02024 200K WCategory Charges for Services Other Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 30 of 561 16 Charges for Services other FY 2023-2024 THIRD QUARTER: AIRPORT OPERATING FUND EXPENSES Category FY 2024 Budget Act % Budgets Personnel & Benefits 324,362 217,916 67% Contracted Services Operatina Supplies 254,950 67,850 96,403 43,068 OK Select Revenue or Expense EXPENSES REVENUES 357K Airport Fund Relevant Information Overall, expenses for the Airport Fund are in line with expectations through the third quarter of FY2024. Contracted Services future expenses will be closer to budget with the purchase of new surveillance cameras as well as general maintenance projects. Costs related to CIP projects are captured in other funds. Year • 2022 •2023 02024 0.2 M 0.1 M Role] OVA EL.Category Personnel & Benefits Contracted Services Operating Supplies & Equipm Marana Town Council Regular Meeting Agenda Packet Operating Supplies & May 21, 2024 Equipment K 178,519 212,547 217,916 123,321 110,426 96,403 33,547 39,598 43,068 Page 31 of 561 Personnel & Benefits Contracted Services 17 _1v MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting Meeting Date: 05/21/2024 To: Mayor and Council Submitted For: Curry C. Hale, Human Resources Director From: Libby Shelton, Deputy Town Attorney Date: May 21, 2024 Strategic Plan Focus Area: Not Applicable C1 Subject: Resolution No. 2024-043: Relating to Administration; approving and authorizing the Finance Director to execute Amendment One to the Inmate Work Contract between the Town of Marana and the Arizona Department of Corrections, Rehabilitation, and Reentry for inmate labor services (Libby Shelton) Discussion: On January 16, 2024, the Town Council adopted Resolution No. 2024-001 approving the Inmate Work Contract between the Town and the Arizona Department of Corrections, Rehabilitation, and Reentry to obtain the use of inmate labor crews from the Arizona State Prison Complex - Tucson. The Town now wishes to amend the contract. The proposed amendment to the contract would increase the hourly rate for inmate labor services from $0.75/hour to $1.35/hour. Financial Impact: Budget capacity exists in the current year and has also been programmed in the upcoming fiscal year in multiple departments. The increase is not significant and is not anticipated to have an adverse financial impact to the Town's operations. Staff Recommendation: Staff recommends adoption of Resolution No. 2024-043, authorizing the Finance Director to execute Amendment One to the Inmate Work Contract. Marana Town Council Regular Meeting Agenda Packet Page 32 of 561 May 21, 2024 Suggested Motion: I move to adopt Resolution No. 2024-043 authorizing the Finance Director to execute Amendment One to the Inmate Work Contract between the Town of Marana and the Arizona Department of Corrections, Rehabilitation, and Reentry for inmate labor services. Resolution No. 2024-043 Exhibit A to Resolution Attachments Marana Town Council Regular Meeting Agenda Packet Page 33 of 561 May 21, 2024 MARANA RESOLUTION NO.2024-043 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE AMENDMENT ONE TO THE INMATE WORK CONTRACT BETWEEN THE TOWN OF MARANA AND THE ARIZONA DEPARTMENT OF CORRECTIONS, REHABILITATION, AND REENTRY FOR INMATE LABOR SERVICES WHEREAS the Town of Marana has an agreement with the Arizona Department of Corrections, Rehabilitation, and Reentry to obtain use of inmate labor crews from the Arizona State Prison Complex - Tucson; and WHEREAS the Town Council adopted Resolution No. 2024-001 approving the Inmate Work Contract on January 16, 2024 and the parties wish to amend the agreement to increase the hourly rate for inmate services; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to amend the Inmate Work Contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Amendment One to the Inmate Work Contract between the Town of Marana and the Arizona Department of Corrections, Rehabilitation, and Reentry for inmate labor services, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Finance Director is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Towns Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement and carry out the terms, obligations, and objectives of the contract. Marana Resolution No. 2024-043 1 Marana Town Council Regular Meeting Agenda Packet Page 34 of 561 May 21, 2024 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of May, 2024. ATTEST: David L. Udall, Town Clerk Marana Resolution No. 2024-043 Mayor Ed Honea IWNWeIijIII7_T�eMel m Jane Fairall, Town Attorney 2 Marana Town Council Regular Meeting Agenda Packet Page 35 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-043 ADCRR Contract No. 24-063-28 STATE OF ARIZONA DEPARTMENT OF CORRECTIONS, REHABILITATION AND REENTRY 701 East Jefferson Street, Mail Code 55302 Phoenix, Arizona 85034 AMENDMENT # 1 This Contract, between the Town of Marana (Contractor), and the Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR), for and on behalf of its Arizona State Prison Complex — Tucson, is amended as follows in accordance with Special Terms and Conditions Section 3.11: At Section 1.17, change the inmate labor rate of pay from seventy-five cents (75¢) per hour to one dollar and thirty-five cents ($1.35) per hour. All other terms and conditions of this Contract remain the same. IN WITNESS WHEREOF, the parties hereto agree to this Amendment. TOWN OF MARANA FEDERAL I.D. #86-6006756 Signature of Authorized Individual Date Yiannis Kalaitzidis Typed Name Finance Director Typed Title 11555 W. Civic Center Drive Marana, Arizona 85653 Address ARIZONA DEPARTMENT OF CORRECTIONS, REHABILITATION AND REENTRY Signature of Authorized Individual Date Kerry Wells Typed Name Chief Procurement Officer Typed Title 701 E. Jefferson Street Phoenix, Arizona 85034 Address Marana Town Council Regular Meeting Agenda Packet Page 36 of 561 May 21, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting Meeting Date: 05/21/2024 To: Mayor and Council Submitted For: Fausto Burruel, Public Works Director From: Dan Grossman, CIP Process Analyst Date: May 21, 2024 Strategic Plan Focus Area: Not Applicable 10i Subject: Resolution No. 2024-044: Relating to Budget; approving the transfer of up to $300,000 in budgeted expense authority from the Transportation fund (Fund #3030) Lon Adams Rd. Reconstruction Project (ST068) to increase the project budget for the Dove Mnt Bl-Moore Rd Signal, North Project (ST100) in the fiscal year 2023-2024 budget (Fausto Burruel) Discussion: Marana Town Code Section 3-4-7 provides that Town Council approval is required where the purchase exceeds $100,000 and funds for the purchase are not provided in the budget as adopted. The budget for fiscal year 2023-2024 was adopted on 06/20/2023. On April 19th, 2022 the Town of Marana and the Arizona Department of Transportation (ADOT) entered into an Intergovernmental Agreement (IGA) for the purpose of constructing the Dove Mnt BI-Moore Rd Signal, North (ST100) project. The work proposed under this IGA consists of the design, construction, and installation of a traffic signal at the intersection of Dove Mountain Boulevard and Moore Road/ N. Heritage Gateway Avenue. This project is funded with Highway Safety Improvement Program (HSIP) federal funding. HSIP funds require the Town of Marana to partner with a sponsor agency (ADOT) capable of administering federal funds on the Town's behalf. The State Marana Town Council Regular Meeting Agenda Packet Page 37 of 561 May 21, 2024 (ADOT) will administer the design and advertise, bid and award, and administer the construction phase of the Project. The estimated cost for this project is $740,250.00 with $551,250 designated for construction, and $189,000 designated for design. In the event the project amount exceeds the initial estimate, the Town is responsible for, and agrees to pay, any and all costs that exceed the initial estimate. If the final Project amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de -obligated or otherwise released from the Project and returned to the Pima Association of Governments. Upon conclusion of the design of the project, ADOT now estimates that the construction of the Dove Mnt Bl-Moore Rd Signal, North (ST100) project will be $720,000. This exceeds the original estimate of $551,250 by $168,750. ADOT requires that this additional amount be paid to ADOT prior to project advertisement. If construction bids come in lower than the revised estimate, the Town will receive the difference at the end of the project. If bids come in higher than this estimate, additional funds will be required to advance construction. Town staff is requesting up to an additional $300,000 in funding be added to this project, to fund this estimated increase in construction costs, and to provide additional funding for any unforeseen additional expenses to the project. Financial Impact: Fiscal Year: 2024 Budgeted Y/N: No Amount: $300,000 This change in project budget will be funded by reallocating funding between projects within the Transportation fund (Fund #3030). There is adequate capacity in the Lon Adams Rd. Reconstruction project (ST068) to transfer to the Dove Mnt Bl-Moore Rd Signal, North (ST100). The overall budget within the Fund remains unchanged. Staff Recommendation: Staff recommends approval of the budget transfer in the amount of not to exceed $300,000. Suggested Motion: I move to approve Resolution No. 2024-044, approving the transfer of up to $300,000 in budgeted expense authority from the Transportation fund (Fund #3030) Lon Adams Rd. Reconstruction Project (ST068) to increase the project budget for the Dove Mnt Bl-Moore Rd Signal, North Project (ST100) in the fiscal year 2023-2024 budget. Marana Town Council Regular Meeting Agenda Packet Page 38 of 561 May 21, 2024 Attachments Resolution No. 2024-044 Marana Town Council Regular Meeting Agenda Packet Page 39 of 561 May 21, 2024 MARANA RESOLUTION NO.2024-044 RELATING TO BUDGET; APPROVING THE TRANSFER OF UP TO $300,000 IN BUDGETED EXPENSE AUTHORITY FROM THE TRANSPORTATION FUND (FUND # 3030) LON ADAMS RD. RECONSTRUCTION PROJECT (ST068) TO INCREASE THE PROJECT BUDGET FOR THE DOVE MNT BL-MOORE RD SIGNAL, NORTH PROJECT (ST100) IN THE FISCAL YEAR 2023-2024 BUDGET WHEREAS on June 20, 2023, the Town Council adopted the fiscal year 2023-2024 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS on April 19, 2022, the Town of Marana and the Arizona Department of Transportation (ADOT) entered into an Intergovernmental Agreement (IGA) to construct the Dove Mnt Bl-Moore Rd Signal North project (ST100); and WHEREAS upon conclusion of the design for ST100, the estimated cost for construction exceeded the original estimate by $168,750; and WHEREAS up to an additional $300,000 in budgeted expense authority is required for the increased construction costs and any unforeseen additional expenses of the project; and WHEREAS transferring up to $300,000 in budgeted expense authority from the Lon Adams Rd. Reconstruction project to ST100 within the fiscal year 2023-2024 budget will not significantly impact the General Fund; and WHEREAS the Council finds that the reallocations addressed by this resolution are in the best interest of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The transfer of up to $300,000 in budgeted expense authority from the Lon Adams Rd. Reconstruction project to ST100 within the fiscal year 2023-2024 budget, is hereby approved. SECTION 2. The Towns Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. Marana Resolution No. 2024-044 1 Marana Town Council Regular Meeting Agenda Packet Page 40 of 561 May 21, 2024 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21st day of May, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Resolution No. 2024-044 2 Marana Town Council Regular Meeting Agenda Packet Page 41 of 561 May 21, 2024 _'Ad6l� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting C3 Meeting Date: 05/21/2024 To: Mayor and Council Submitted For: Scott Radden, Senior Planner From: Scott Radden, Senior Planner Date: May 21, 2024 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2024-045: Relating to Development; approving the final plat for The Enclave at Twin Peaks, Lots 1 Through 70, Common Area "A" (Open Space, Drainage, Landscape, Public Utilities), Common Area "B" (Recreation Area, Open Space & Public Utilities), Common Area "C" (Open Space, Drainage & Landscape) located directly northeast of the Camino De Manana and Twin Peaks Road intersection, in a portion of Section 12, Township 12 South, Range 12 East (Scott S. Radden) Discussion: Request The WLB Group, Inc., representing the Property Owners, Fairfield Homes, is requesting approval of a final plat for The Enclave at Twin Peaks, Lots 1 through 70, Common Area "A" (Open Space, Drainage, Landscape, Public Utilities), Common Area "B" (Recreation Area, Open Space & Public Utilities) and Common Area "C" (Open Space, Drainage & Landscape). The 38.7-acre subdivision consists of 70 single-family residential lots, approximately 21 acres of land area for natural open space, drainage, landscaped common area, pedestrian paths, utilities and recreational area. The proposed subdivision is located directly northeast of the Camino de Manana and Twin Peaks Road Intersection. Zoning and Land Use The zoning of the proposed subdivision is zoned R-7 single-family residential. The development standards require a minimum lot size of 7,000 square feet. The minimum Marana Town Council Regular Meeting Agenda Packet Page 42 of 561 May 21, 2024 lot size proposed by this plat is 7,620 square feet, the maximum is 13,404 square feet, and the average lot size is 8,533 square feet. The gross density proposed is 1.81 residences per acre (RAC). A .5-acre recreation area is proposed in Common Area "B", that will provide active recreation opportunities for residents of the subdivision. The recreation area will be developed as an internal park with amenities including: a ramada structure with two picnic tables, two turf areas, a children's play structure with sun cover, bench seating, bicycle parking, trash receptacles and a pet waste station. The recreation areas will be connected to a pedestrian trail system within the subdivision by a four -foot natural earthen trail. Similar natural earth paths will be constructed through many of the common areas within the subdivision, creating a network of pedestrian amenities. There is a proposed shared use path on Camino De Mariana that extends from the existing Twin Peaks Road sidewalk up the eastern boundary of the subdivision and the existing Regional Trail #176. Marana SUP-4 is directly across Twin Peaks Road on the west side. Location The subdivision is located directly northeast of the Camino de Mariana / Twin Peaks Road intersection, in a portion of Section 12, Township 12 South, Range 12 East. Access and Traffic Circulation Ingress and egress will be provided by three separate points. Two access points (Pearl Hawk Lane and Ginger Cat Lane) are directly off Twin Peaks Road, and Linda Wolf Lane will be accessed from Camino de Mariana. Approximately .68 miles of new public streets will be constructed within this subdivision and will be maintained by the homeowner's association. Infrastructure and Utilities This subdivision will be served by Pima County Regional Wastewater Reclamation Department for wastewater service, Marana Water for water service, Southwest Gas and TRICO. Preliminary Plat The preliminary plat for The Preserve at Twin Peaks was approved by Staff on February 22, 2023. Staff Recommendation: Staff has reviewed the proposed plat against the requirements of the Marana Land Development Code, the Twin Peaks Corridor Study, the Marana General Plan, Ordinance No. 2021.011, and the approved preliminary plat. The proposed plat is in substantial conformance with all required development regulations, and staff recommends approval. Suggested Motion: Marana Town Council Regular Meeting Agenda Packet Page 43 of 561 May 21, 2024 I move to adopt Resolution No. 2024-045, approving the final plat for The Enclave at Twin Peaks, Lots 1 through 70, and Common Areas "A" through "C." Attachments Resolution No. 2024-045 ENCLAVE AT TWIN PEAKS LOTS 1-70 Final Plat Location Map Application Marana Town Council Regular Meeting Agenda Packet Page 44 of 561 May 21, 2024 MARANA RESOLUTION NO.2024-045 RELATING TO DEVELOPMENT; APPROVING THE FINAL PLAT FOR THE ENCLAVE AT TWIN PEAKS, LOTS 1 THROUGH 70, COMMON AREA "A" (OPEN SPACE, DRAINAGE, LANDSCAPE, PUBLIC UTILITIES), COMMON AREA "B" (RECREATION AREA, OPEN SPACE & PUBLIC UTILITIES), COMMON AREA "C" (OPEN SPACE, DRAINAGE & LANDSCAPE) LOCATED DIRECTLY NORTHEAST OF THE CAMINO DE MANANA AND TWIN PEAKS ROAD INTERSECTION, IN A PORTION OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 12 EAST WHEREAS, on August 3, 2021, the Mayor and Town Council adopted Ordinance No. 2021.11, approving a rezoning of approximately 38 acres of land located east of Twin Peaks Road, South of Tangerine Road, and West of Camino De Mariana from R-36 (Residential) to R-7 (Residential); and WHEREAS The WLB Group, Inc., representing the Property Owners, Fairfield Homes, has applied for approval of the final plat for The Enclave at Twin Peaks, Lots 1 through 70, Common Area "A" (Open Space, Drainage, Landscape, Public Utilities, Common Area "B" (Recreation Area, Open Space & Public Utilities), Common Area "C" (Open Space, Drainage & Landscape) located directly northeast of the Camino de Mariana and Twin Peaks Road intersection; and WHEREAS the Mayor and Town Council, at its May 21, 2024, meeting, determined that the final plat of The Enclave at Twin Peaks, Lots 1 through 70, Common Area "A" (Open Space, Drainage, Landscape, Public Utilities), Common Area "B" (Recreation Area, Open Space & Public Utilities), Common Area "C" (Open Space, Drainage & Landscape" should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that The Enclave at Twin Peaks, Lots 1 through 70, Common Area "A" (Open Space, Drainage, Landscape, Public Utilities), Common Area "B" (Recreation Area, Open Space & Public Utilities), Common Area "C" (Open Space, Drainage & Landscape) is hereby approved. 000xxxX.Docx /1 Marana ResolutionNo. 2024-045 _ 1 Marana Town Council Regular Meeting Agenda Packet Page 45 of 561 May 21, 2024 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 215t day of May 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney 000xxxX.Docx /1 Marana ResolutionNo. 2024-045 _ 2 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 46 of 561 BRASS CAPPED GENERAL NOTES SURVEY MONUMENT RLS 19316 1. THE GROSS AREA OF THE SUBDIVISION=1,685,302 SQ.FT., OR 38.69 ACRES, MORE OR N.W. COR. SEC. 12 LESS. 2. THE ZONING FOR THIS PROJECT IS R-7 (RESIDENTIAL). THIS PROJECT SHALL COMPLY WITH THE TERMS AND CONDITIONS OF MARANA ORDINANCE NO. 2021.011 AND THE TWIN N89°27'10"E 75.00' PEAKS CORRIDOR STUDY. 3. THE NUMBER OF LOTS IS 70 AND GROSS DENSITY IS 1.81 RAC. 4. THE MINIMUM ALLOWABLE LOT SIZE IS SEVEN THOUSAND (7,000) SQUARE FEET. 1/2" REBAR RLS 31031 5. LOT SIZE: I MAXIMUM LOT AREA=13,404 SQ FT. 6 w UU MINIMUM LOT AREA=7,620 SQ. FT. ZONING R36 I AVERAGE LOT SIZE IS 8,533 SQ. FT. C 6. BUILDING HEIGHTS: BUILDINGS AND STRUCTURES SHALL HAVE HEIGHT NOT GREATER V THAN TWO -STORIES OR THIRTY (30) FEET. MARANA ORDINANCE NO. 2021.011 216-20-016Z m RESTRICTED LOTS 1-3, 47, 48 AND 71-73, AS IDENTIFIED ON THE PRELIMINARY ZONING R-36 a DEVELOPMENT PLAN APPROVED AT THE TIME OF REZONING, TO ONE STORY. DUE TO RECONFIGURATION AND RENUMBERING OF THE LOTS, THE EQUIVALENT LOTS ON THIS PLAT THAT ARE LIMITED TO ONE STORY ARE LOTS 1-2, 32, AND 57-59. Cn 7. MINIMUM FRONT, SIDE AND REAR YARDS SETBACKS Q A. THE REQUIRED FRONT YARD SETBACK SHALL BE A MINIMUM OF SIXTEEN (16) FEET, -016Y ZOONINNIN G R-36 wa EXCEPT WHERE GARAGES OPEN OR FACE DIRECTLY ONTO AN ABUTTING STREET, IN I z WHICH CASE THE GARAGE SETBACK SHALL BE A MINIMUM OF TWENTY (20) FEET. B. THE REQUIRED SIDE YARD SETBACK SHALL BE A MINIMUM OF FIVE (5) FEET, WITH A STREET SIDE SIDE YARD SETBACK HAVING A MINIMUM OF TEN (10) FEET. C. THE REQUIRED REAR YARD SETBACK SHALL BE A MINIMUM OF FIFTEEN (15) FEET. D. CORNER LOTS SHALL BE AT LEAST FIVE FEET WIDER THAN THE MINIMUM LOT WIDTH OF THE ZONE TO PERMIT CONFORMANCE WITH THE REQUIRED STREET SIDE YARD REQUIREMENTS AND SIGHT VISIBILITY TRIANGLES. 8. PARKING SPACES: 2 PER LOT IN GARAGE; 2 PER LOT IN DRIVEWAY = 248 SPACES. 9. NO FURTHER SUBDIVIDING OR LOT SPLITTING SHALL BE DONE WITHOUT THE WRITTEN APPROVAL OF THE TOWN OF MARANA. 10. APPROVAL OF THIS PLAT DOES NOT AFFIRM, CERTIFY, OR APPROVE ANY LAND DIVISION THAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OF, OR COMPLIANCE WITH, ANY DEED RESTRICTIONS OR EASEMENTS. 11. ALL NEW AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THE SITE SHALL BE PLACED UNDERGROUND EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 48KV OR GREATER, AND THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTURE ELECTRICAL TRANSMISSION CORRIDORS. 216-20-017A 12. OBJECTS AND MATERIALS WITHIN SIGHT VISIBILITY TRIANGLES SHALL BE PLACED SO AS ZONING R-36 NOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LINES LOCATED 30" AND 72" ABOVE FINISHED GRADE OF THE ROADWAY SURFACE, AND SHALL CONFORM TO THE TOWN OF MARANA SUBDIVISION STREET STANDARDS. 13. THE AREA BETWEEN 100-YEAR FLOOD LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT TO FLOODING FROM A 100-YEAR FREQUENCY FLOOD AND ALL LAND IN THIS AREA WILL BE RESTRICTED TO USES THAT ARE COMPATIBLE WITH FLOODPLAIN MANAGEMENT AS APPROVED BY THE FLOODPLAIN ADMINISTRATOR. 14. THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO THE FORM, LINE, AND C� h C� h C9 p 216-25-014H �;ti� �;ti� �:�'� �;L� 216-25-014D ZONING R-36 tip tip ti�0 ��.�p ZONING R-36 1 1-1/2 ACP PUNCH ONLY C 2 3 J�v Q 1 v 4 � 5 Q 6 v 7 �Q 8 t 9 CAA 20 21 22 23 19 16 17 18 �PU�V�G S-\1 / 15 . 34 35 W. TANGERINE RD. 35 36 13,12 2 1 F216-25-006A Of-L II I �u ZONING R-36 C/) Y SHEET INDEX Q w SHEET 1 COVER SHEET z SHEETS 2-4 PLAN SHEETS SHEETS 5-7 100-YR FLOODPLAIN & EROSION HAZARD SETBACK LINES ~ SHEET 8 LINE AND CURVE TABLES OWNER TITLE SECURITY AGENCY LLC 14 F0 G 216-25-0160 TR 202316 3 2 2 1 1 6 13 % 25 2 ZONING R-6 — — — ■ � �R 26 IV 12 29 28 27 � / 30 11 CA C 3 10 31 , 42 43 41 � 37 P~ v 45 44 36 G 46 34 35 yJ•G` 48 47 33 49 50 32 52 CA A 53 54 ■ AO 55 10 _�?Q �� 56 IT , 66 67 �� Q Co 65 �• �mi 63 64 62 �• 68 61 Ov��. / 60 yJ 69 59 �P 58 v�� 70 57 .�' BCSM FUNCTION OF ALL PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE STRUCTURES I / RLS 19316 BEFORE THE RELEASE OF ASSURANCES. 15. A TOTAL OF 0.68 MILES OF NEW STREETS WILL BE CONSTRUCTED (ALL STREETS ARE CAA I I PUBLIC). N89027'10"E 75.00' 16. INSTALLATION OF ITEMS SUCH AS LANDSCAPING, IRRIGATION, SIGNAGE, MONUMENTS, WALLS AND DRAINAGE IMPROVEMENTS IN THE PUBLIC RIGHTS -OF -WAY SHALL REQUIRE A PERPETUAL LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND BCSM 70. INDEMNIFICATION. THE LICENSE AGREEMENT SHALL BE EXECUTED AND APPROVED BY RLS 19316 THE TOWN OF MARANA PRIOR TO APPROVAL OF THE CLOSEOUT PACKAGE FOR THIS W.1/4 COR. SEC. 12 PROJECT. 17. THIS SUBDIVISION IS LOCATED WITHIN THE TOWN OF MARANA WATER SERVICE AREA, R WHICH HAS BEEN DESIGNATED AS HAVING AN ASSURED WATER SUPPLY UNDER A.R.S. §45-576. T T 18 ALL DEVELOPMENT E FLOPTIAL ENT WITHIN THE STANDARDS.AT AREA WILL BE SUBJECT TO THE TOWN OF MARANA LAND V SES RES 10 Cq w 0 M o I� C6 M co N a z_ I� Q I w in LL I° W Q m � I 0 L CV O z 1/2" PC RLS 18557 / 12' I — ' 216-26-003C BCSM ZONING NC LS 19316 6390 E. TANQUE VERDE 10 11 Im 11 12 12 7 TUCSON, AZ 85715 PIMA �_� TOWN OF PHONE: (520) 485-0247 COUNTY `S MARANA _ ATTN: RONDA TATRO ENGINEER SURVEYOR I o THE WLB GROUP, INC. THE WLB GROUP, INC. THIS PROJECT PIMA 1600 W. BROADWAY BLVD., SUITE 150 4444 E. BROADWAY BLVD. COUNTY TEMPE, AZ 85282 TUCSON, AZ 85711 I TOWN OF PHONE: (480) 736-1600 PHONE: (520) 881-7480 MARANA ATTENTION: ERIC D. SHAWD, P.E. ATTENTION: BENJAMIN E. ZISMANN, RLd ESHAWD@WLBGROUP.COM BZISMANN@WLBGROUP.COM BASIS OF BEARINGS 10 11 _ _ 11 12 LAMBERT LN., 12 7 THE WEST LINE OF THE N.W. 1/4 OF SECTION 12, T-12-S, R-12-E, 15 14 14 13 13 8 G.S.R.&M. CALCULATED FROM REFERENCE POINTS PER BK. 58 OF LOCATION PLAN RECORDS OF SURVEYS, PAGE 26. SAID BEARING BEING: N00°32'50"W. A PORTION OF SECTION 12, T. 12 S., R. 12 E., G.&S.R.M., TOWN OF MARANA, PIMA COUNTY, ARIZONA DEDICATION SCALE 3"=1 MILE "WE, THE UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY FEE TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND WE CONSENT TO THE SUBDIVISION OF THIS LAND IN THE MANNER SHOWN ON THIS PLAT. WE HEREBY DEDICATE TO THE TOWN OF MARANA ALL RIGHTS -OF -WAY SHOWN ON THIS PLAT, INCLUDING ALL STREETS, ALLEYS, AND DRAINAGEWAYS, AND EASEMENTS, INCLUDING NO ACCESS EASEMENTS. UTILITY EASEMENTS AS SHOWN ON THIS PLAT, ARE DEDICATED TO THE TOWN OF MARANA, PIMA COUNTY, AND ALL PUBLIC AND PRIVATE UTILITY COMPANIES FOR THE PURPOSES OF ACCESS FOR INSTALLATION, CONSTRUCTION, MAINTENANCE, AND REPLACEMENT OF PUBLIC SEWERS AND ACCESS TO, PUBLIC AND PRIVATE UTILITIES AND PUBLIC SEWERS. NO ACCESS EASEMENTS SHOWN ON THIS PLAT ARE DEDICATED TO THE TOWN OF MARANA FOR THE PURPOSE OF ACCESS CONTROL TO ADJACENT RIGHTS -OF -WAY. OTHER EASEMENTS SHOWN ON THIS PLAT ARE DEDICATED TO THE TOWN OF MARANA FOR THE PURPOSE OR PURPOSES NOTED ON THIS PLAT. WE, THE UNDERSIGNED, OUR SUCCESSORS AND ASSIGNS, DO HEREBY HOLD THE TOWN OF MARANA, ITS EMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF THESE LANDS NOW AND IN THE FUTURE BY REASON OF FLOODING, FLOWAGE, EROSION, OR DAMAGE CAUSED BY WATER, WHETHER TOWN OF MARANA APPROVALS SURFACE, FLOOD, OR RAINFALL. NATURAL DRAINAGE SHALL NOT BE ALTERED, DISTURBED, OR OBSTRUCTED WITHOUT THE APPROVAL OF THE TOWN OF MARANA. BY P.E. PRIVATE DRAINAGEWAYS AND COMMON AREA AS SHOWN ON THIS PLAT ARE RESERVED FOR THE PRIVATE USE AND MARANA TOWN ENGINEER/DEVELOPMENT ENGINEER DATE CONVENIENCE OF ALL OWNERS OF PROPERTY WITHIN THIS SUBDIVISION AND THEIR GUESTS AND INVITEES COMMON AREA 216-25-0180 ZONING R-6 216-26-1990 ZONING SP PROJECT MARANA PLANNING MANAGER LA YO UT PIMA COUNTY APPROVAL 19. ZONES 'AO-V ALLUVIAL FAN AND 'X' FEMA INFORMATION SHOWN FROM FEMA FIRM No. LAND AREA: USE: 04019C1065L, REVISION DATE OF JUNE 16, 2011. 20. THERE WILL BE NO CONSTRUCTION WITHIN THE ENVIRONMENTAL BUFFER. COMMON AREA "A" 20.28 Acres OPEN SPACE / DRAINAGE / LANDSCAPE / 21. PURSUANT TO MARANA ORDINANCE NO. 2021.11, THE TWIN PEAKS CORRIDOR STUDY, PUBLIC UTILITIES AND THE GRADING PLANS FOR THE PROJECT, PLAN NO. ENG2301-006, A PAVED, MEANDERING SHARED -USE- PATH SHALL BE CONSTRUCTED ALONG CAMINO DE MANANA COMMON AREA "B" 0.50 Acres RECREATION AREA / OPEN SPACE / WITHIN PORTIONS OF COMMON AREA "A" AND THE CAMINO DE MANANA RIGHT-OF-WAY. LANDSCAPE /PUBLIC UTILITIES INSTALLATION OF PORTIONS OF THE SHARED -USE PATH IN THE PUBLIC RIGHT-OF-WAY SHALL REQUIRE A PERPETUAL LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE COMMON AREA "C" 0.17 Acres OPEN SPACE / DRAINAGE / LANDSCAPE AND INDEMNIFICATION. THE LICENSE AGREEMENT SHALL BE EXECUTED AND APPROVED BY THE TOWN OF MARANA PRIOR TO APPROVAL OF THE CLOSEOUT PACKAGE FOR THIS RESIDENTIAL LOTS: 13.71 Acres PROJECT. NEW PUBLIC RIGHT-OF-WAY 4.03 Acres TOTAL AREA: 38.69 Acres ASSURED WATER SUPPLY A CERTIFICATE OF ASSURED WATER SUPPLY HAS BEEN RECEIVED FROM THE DIRECTOR OF WATER RESOURCES. BY MARANA WATER DIRECTOR DATE ASSURANCES ASSURANCES IN THE FORM OF THIRD PARTY TRUST FROM TITLE SECURITY AGENCY, LLC AS RECORDED IN SEQUENCE NUMBER IN THE OFFICE OF THE RECORDER OF PIMA COUNTY, ARIZONA HAVE BEEN PROVIDED TO GUARANTEE INSTALLATION OF REQUIRED STREET, SEWER, ELECTRIC, GAS AND WATER UTILITIES, DRAINAGE, FLOOD CONTROL AND OTHER SUBDIVISION IMPROVEMENTS MEETING ESTABLISHED MINIMUM STANDARDS OF DESIGN AND CONSTRUCTION. TOWN OF MARANA The WLB Group c UqM DATE Engineering . Planning 0 Surveying Landscape Architecture Urban Design Offices located in: Tucson , Phoenix, Flagstaff, and Las Vegas, NV. 1600 W Broadway Rd, Ste. 150 Tempe Az. 85282 PH.(480) 736-1600 LEGEND SUBDIVISION BOUNDARY ADJACENT LOT LINE LOT LINE EASEMENT LINE MATCH LINE - - - - SECTION LINE - - CENTER LINE INDICATES BRASS DISK SURVEY ❑ MONUMENT TO BE SET UPON COMPLETION OF ROAD CONSTRUCTION. FOUND MONUMENT AS NOTED 1/2" IRON PARCEL PIN TO BE SET BY AN ARIZONA RLS 100 YEAR FLOOD LINE — — — — EROSION HAZARD SETBACK LINE �■■�■■� TOWN LIMITS CA COMMON AREA SVT SIGHT VISIBILITY TRIANGLE NAE NO ACCESS EASEMENT PUE PUBLIC UTILITY EASEMENT "S" SINGLE STORY RESIDENCE L/S LANDSCAPE (R) RADIAL R-7 ZONING DESIGNATION SECTION CORNER / QUARTER SECTION CORNER SHEET INDEX SHEET INDICATOR BUT NOT PRIVATE DRAINAGEWAYS, ARE GRANTED AS EASEMENTS TO THE TOWN OF MARANA, PIMA COUNTY, AND ALL PUBLIC AND PRIVATE UTILITY COMPANIES FOR THE PURPOSE OF ACCESS FOR INSTALLATION, CONSTRUCTION, MAINTENANCE, AND DATE REPLACEMENT OF PUBLIC SEWERS AND ACCESS TO, PUBLIC AND PRIVATE UTILITIES AND PUBLIC SEWERS. PRIVATE DRAINAGEWAYS ARE ALSO RESERVED FOR THE FLOW OF WATER, WHETHER SURFACE, FLOOD, OR RAINFALL, FROM THIS SUBDIVISION AND OTHER LANDS AS APPROVED BY THE TOWN ENGINEER. TITLE TO ALL PRIVATE DRAINAGEWAYS AND COMMON AREA SHALL BE VESTED IN AN ASSOCIATION OF INDIVIDUAL LOT OWNERS AS ESTABLISHED BY COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED IN SEQUENCE NUMBER IN THE OFFICE OF THE RECORDER OF THE PIMA COUNTY, ARIZONA. EACH AND EVERY LOT OWNER WITHIN THE SUBDIVISION SHALL BE A MEMBER OF PIMA COUNTY REGIONAL WASTEWATER DATE THE ASSOCIATION, WHICH IS RESPONSIBLE FOR THE CONTROL, MAINTENANCE, SAFETY, AND LIABILITY OF THE PRIVATE RECLAMATION DEPARTMENT DRAINAGEWAYS AND COMMON AREA WITHIN THIS SUBDIVISION." CERTIFICATION GRANTOR HEREBY IRREVOCABLY GRANTS AND DEDICATES EASEMENTS TO PIMA COUNTY FOR ACCESS, INSTALLATION, CONSTRUCTION, MAINTENANCE AND REPLACEMENT OF PUBLIC SEWER SYSTEMS IN ALL COMMON AREAS "A & B" DESIGNATED I, CLERK OF THE TOWN OF MARANA HEREBY CERTIFY THAT BY THIS PLAT. THIS PLAT WAS APPROVED BY THE TOWN COUNCIL OF THE TOWN OF MARANA ON TITLE SECURITY AGENCY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS TRUSTEE UNDER TRUST NO. 202316 AND NOT THE DAY OF 2024. IN ITS CORPORATE CAPACITY BY CLERK OF THE TOWN OF MARANA RECORDING DATE FEE STATE OF ARIZONA SS NO COUNTY OF PIMA THIS PLAT WAS FILED FOR RECORD AT THE REQUEST OF THE WLB GROUP, INC., ON THIS DAY OF , 2024 AT .M. IN SEQUENCE NUMBER GABRIELLA CAZARES-KELLY PIMA COUNTY RECORDER BY: DEPUTY CERTIFICATION Q�%ties$' CAT" I HEREBY CERTIFY THAT THE FLOODPLAIN LIMITS AND EROSION `� 49121 HAZARD SETBACKS AS SHOWN ON THIS PLAT WERE PREPARED ERIC D. UNDER MY DIRECTION. o SHAWD ERIC D. SHAWD PE NO. 49121 CERTIFICATION red an s I HEREBY CERTIFY THAT THE BOUNDARY SURVEY SHOWN ON THIS PLAT ��F►GATFv�� WAS PERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING AND �,` �``� ssss9 o PROPOSED SURVEY MONUMENTS AND MARKERS SHOWN ARE CORRECTLY BENJAMIN E DESCRIBED. I FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER $@ ZISMANN MY DIRECTION. qp s% ned�Q.' BENJAMIN E. ZISMANN RLS NO. 66889 TRUST OFFICER STATE OF ARIZONA )ss. COUNTY OF PIMA ) ON THIS DAY OF 2024, BEFORE ME PERSONALLY APPEARED WHO ACKNOWLEDGED SELF TO BE THE TRUST OFFICER OF TITLE SECURITY AGENCY, LLC A DELAWARE LIMITED LIABILITY COMPANY, AS TRUSTEE UNDER TRUST NO. 202316 AND NOT IN ITS CORPORATE CAPACITY, AND BEING AUTHORIZED SO TO DO, EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN. MY COMMISSION EXPIRES NOTARY PUBLIC BENEFICIARY OF TRUST 202316: KC TWIN PEAKS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY 6405 N CAMPBELL AVE 1ST FLOOR, TUCSON, ARIZONA 85718 ADMINISTRATIVE ADDRESS: 5565 W. TWIN PEAKS RD, TUCSON, AZ 85742 PRV 2309-001 P24WS00013 FINAL PLA T THE ENCLAVE AT TWIN PEAKS LOTS 1 THROUGH 70, COMMON AREA "A" (OPEN SPACE, DRAINAGE, LANDSCAPE, PUBLIC UTILITIES), COMMON AREA "B" (RECREATION AREA, OPEN SPACE & PUBLIC UTILITIES). COMMON AREA "C" (OPEN SPACE, DRAINAGE & LANDSCAPE) A PORTION OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA & SALT ��NA \� S �N RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA pIres 09 3SCALE: 1" = 40' REF: PRELIMINARY PLAT PRV2205-007 DECEMBER, 2023 WLB JOB NO. 121021-A-002 SHEET 1 OF 8 w Z W Z w Or w N PRV 2309-001 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 SEQUENCE NUMBER Page 47 of 561 216-25-014A 216-25-014F 216-25-014E 216-25-014G 0 0) S89027'10"W 75.00' I 19.51'— bo Cl? LO EROSION HAZARD SETBACK SEE SHEET 5 (TYP.) 12'x269' SLOPE & DRAINAGE EASEMENT PER DKT. 13555, 00 PG.587 0 0 N M o 0 z 40' WATER AND SEWER EASEMENT SEQ. 20190700200 I 17'x40' DRAINAGE EASEMENT PER DKT. 13619, PG. 1354 ti^ CO 0 o w w Yzco C� Q z U LLJ o m w� z0z p U) �j0w 0� `. 101 00 rn I 1.09, 0 u7 CV co O 0 z� Izo c'M I� 216-25-014D 25' PUBLIC WATER EASEMENT GRANTED PER THIS PLAT N89024'26"E 1354.88' 82.41' � - 48.74' 474.16' 38.66' 37.32' 24.49' 90.04' 41.90' 83.71' . • 26.62' — — — — EROSION HAZARD SETBACK — z 40' L/S BUFFER PER THIS PLAT I — — �— y SEE SHEET 5 (TYP.) I / m / N892513E 127.E — ----1 — -- / �• �y ' SLOPE & DRAINAGE EASEMENT C63 / / PER DKT. 13555, PG. 587 62EROSION HAZARD SETBACK � C20<-N38023'23"E 27.82' 2(S) - � � • � � � � • ./ � SEE SHEET 5 (TYP.) � 100-YEAR FLOODPLAIN LINE '/ • PUBLIC SEWER EASEMENT GAO 7,975 0 CO / SEE SHEET 5 (TYP.) N88045'05"E -N88°57'22"E 65.00 C� .� SQ.FT.± o ... / g3.63� _ ,— GRANTED PER THIS PLAT co / / 7go0g�3� \I SEE DETAIL 1 SHEET 3 SS / / N i63.24 5.00 60.00 II CAW 00, 1 N89°25'13"E 123.85' I 100-YEAR FLOODPLAIN LINE / / I✓ / , I SEE SHEET 5 (TYP.) \ / '2 �� j 883,540 SQ.FT.± LO I co 5 -- c9 O . �S A� / o rn Cl? C66 U h� `O� o �? Z — / ? N 22 co 23 I M \ .`�G• 0G, 21 8,658 9,443 °523 g, Pv 3 1 NAE > / / �6 / 9 553 SQ.FT.± SQ.FT.± I I iN,13 i ' 1 10,530 — °00 / , g0 �A V /�� SQ.FT.± 5°� i 00 SQ. FT.± (0 co co C67 '� U U w� '�O / C59 / 60 o No I No co o l o — N81 26 25 E 15.31 co ,�p�'� 2p 9,1182 ``' z N45° 03' 15"E o 0 N68°26, �� / / 62°�'i-�/ s� SQ.FT.± 0 11.41'(R) z z I o0 o V v C58 13" `�/°`b I / C69 m w O �, C83 QJ Q N 12) 0 �"� / / ... ° a„�3 j �c''o 19 GL 'jam 1' NA �/� A� v/ 4 3 / / \ ,N�2 p0' c5` 7,620 / $2 C 9�� (o / o 44 � Q 7,798 / L ... I / Aoems 6g SQ.FT.± "' 11.79' C L38 84 �� 1(S) CV = V SQ.FT.± °q6 sz, p / V I / M 9,209 /� _ N h�O .off /.. Ni2g� 5g Z / Gal G31 _ L14 �% �� Q N / SQ.FT.± W / / 68°2^, O"/,� CAA °?)N010 `0o 18 �, Gg/°`L/'l0 O Q� 0 13"fib co °cL 883,540 SQ.FT.± �1�1 , , w 9,231 p / � �\ lb Q- /p� v N v / 12� ,rye 6$ 0� o SQ.FT.± O- / - O� V O� M V 00, .P. /� J co v / 1'N /ry 21.0 5 �O/ 8 078 / 60� � ��JQi�� Q 7,620 3 0 = I qF �R 0 21.0 °� O/ o• SQ.FT.± �3� C3,3 , 'l N U /gyp I I / 0 SQ.FT.± �_a r I �5�% �N 16 , /` r °5�``L cs V ^ \S6p (V GjJ 6 0 Ali o J 9° 7 651 f p "aN `3 G g 3 C 5� 00 cs m �23, rn w N 6 00 Ns o o 5/ 2 1 8 2 0 ``' o_ /36 �� 92 I I I 454,,E v 6'13„� 1 0/ I / / 0 15 4 SQ.FT.± ` 4.27' / f �30033 / \ �� S 0 olf6° o / 2�00, / Q 8,090 F 2 G 5/ SG \384 CA 'A' 1 N'�F �`�/ SQ.FT.±o �` / G3o S so°38 �33F �Q— m I 6 I 1883,540 SQ.FT.± C57 7,620 °�� Z 6� 32 52j 'o, �Cg\ C90 \ o3 Q ryry bo SQ.FT.± .t�°�� 2"69,554 �`'� / / N7Joo G� �G co b C89LO I G M Nsno oo / �00 0 SQ.FT.± oo C80 5g 9g \ � G3A� g�` / 6, �` - �I U \ 8p49,Ciry G 40.00' I o 20.00' V ^`b o / 26'13'� oo� �� / ��- i 8' �36 N� o g5 G / 24 Q V V /��X G 'S, j O 7,662 -poi rj �V A, ,` ! Q QJO� •02� / ��N Ell 3 SQ.FT.± o I o I �'� / \s 5�� Pal �4� 32� °' �, �" �� ?� ' o� I N 7 0 13 pp- / g �� puP��-�G .�N\S P�" 0 pp' c�, I J v �v�='�co I I 7,705 00 / / ry/ 9,549 / G'l lNEN1 -QED gam! 6 , r- 10co ?045 Z o'' o4V CD �� V) o- N v SQ.FT.± , o SQ.FT.± D�CP N ►n Z', ry OOv I o "' C" tis O lOE pg' N 26o SQ.FT.± 1� NAE ry �6Oo2 o l4v �o G`L 6gi zf 8,715 Z Q� 30OpJ ICNv C55 613„� o, / �' ��° / o ` SQ.FT.± I I 13� 9g, °��' °�� 1'I' 7 Xcb G1 16.63' ��, 27 _ 6� ,moo Cb ,moo' C54 N rya' 2?pp� G 00 / o 0 7,637 °cM9 1 6 35 / o o �o 8 2/ /Z G`5 G/ CZ zf N SQ.FT.± A 3 E 2. h rn 8 091 / 12 28 c- Z 63 623 o I I SQ.FT.± r 1' 9,549 / `o 7,624 / NSA / o ^o� ' SQ.FT.± � SQ.FT.± ��`� , / v / N68° �/ / F/ / / 7 625 o0 2 "go�i 20' L/S BUFFER 1 v co hh • I U / 2613��w 13 00�Ng)° �V^ ,� \ � SQ.FT.± 2 � „� � 6g�g � �/_• GRANTED PER . � M 33'16�, G� P� p� 30 oo j0� / 00 T�I IS T , / v 216-25-0160 I SO 8 343 CO 2 .00, / 6:��5 SQ.FT.± 2 _53, a / aw 6 � — Ma ma 11 o _ 00 N SQ.FT.± i 11 N'9F co / 8,554 C125 �`JGL N� 60 p0� . / ' U U U /V68\ ��/ : 150 SQ.FT.± CAC �'� 0` / ��Q��FtcaTfNo'o N 136 / 6,962 SQ.FT.± / per? �,� 6 / 49121 U 01' ° LO ,Ap'�/�, ERIC D. _ ro \ 2 1 1/2 ACP SHAWD -• Q ��4o45'0�',VV 1 U �3�0/ p� �� 6 O� / PUNCH ONLY / �� rBNE _ Co 27 00, ° 00 j / \ �� 140.39' �'� I 1 w I ' S6� �- 3 40' L/S BUFFER cb• O 10 / 8,674 cr, CO % 31 / ��s�� PER THIS PLAT �� IO SQ.FT.± I 9,165 / , -S� / 4(/ Q �� o U SQ.FT.± — — J ��,/� 41 I --v- I G e S CD 10' PUE /, �'��'��' , ��. 66889 N89°46'07"E �� \ I O� Q1 . ,` BENJAMIN E . oo : 127.00'(R) I �p04' , �� / o ZISMANN , r co cD o Z oo tOl U /��60 , \ 1GQ 101 • / 'C v �`� �� y�sI ned °' o m U U c9 I / O� 5�� ,�� 'Air , S ti� 1 Aires 0 -5vil L ... L28 55.00' 0 r v / 40 5 <v 29 U / D L 1 G1 / d — '� /'\-100-YEAR FLOODPLAIN LINE CAB' C100 G SEE SHEET 5 (TYP.) ^ 21,805 SQ.FT.± 20 0� z I •/ / mJ �' L19 L C 14 G�� o M� 39 m v PUBLIC SEWER EASEMENT L N co , \ Cn m / ry C48 1C49 C501 / GRANTED PER THIS PLAT = -� m I / o� J SEE DETAIL 2 SHEET 3 6 "\ \ 38 W O C14 00 m 0 EROSION HAZARD SETBACK .N / .�� SEE SHEET 5 (TYP.)o R' pcb 6p°3� � \ \ tK `L I / 20 LANDSCAPE �� co � BUFFER CAW 100 \ / PRV 2309-001 PER THIS PLAT � � / P24WS00013 gg3,540 SQ.FT.± � o °z�3g � � FINAL PLAT — � � • N32°46'41 "W 31.09' N� �3, � / � I � 6$ _ THE ENCLAVE AT TWIN PEAKS 1/2" IRON REBAR W/TAG, RLS 31031 216-25-014 H Engineering . Planning Surveying The Landscape Architecture 0 Urban Design WLBOffices located in: Tucson , Phoenix, Flagstaff, and Las Vegas, NV. Group 1600 W Broadway Rd, Ste. 150 Tempe Az. 85282 PH.(480) 736-1600 I / \ 36 35 12537 LOTS 1 THROUGH 70, COMMON AREA "A" (OPEN SPACE, DRAINAGE, LANDSCAPE, PUBLIC UTILITIES), COMMON AREA "B" RLS 2537 1/2" (RECREATION AREA, OPEN SPACE & PUBLIC UTILITIES). COMMON AREA "C" (OPEN SPACE, DRAINAGE & LANDSCAPE) / A PORTION OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA SCALE: 1" = 40' DECEMBER, 2023 WLB JOB NO. 121021-A-002 SHEET 2 OF 8 w Z w z W 0 w 0 PRV 2309-001 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 SEQUENCE NUMBER Page 48 of 561 —�— CA'A' / 883,540 SQ.FT.± L-12.41', R-28.00' L=20.61', R=55.00' A=25°23'32"=21 °28'02" L=21.75', R=28.00' A=44°30'54" °523a, =36.00', R-28.00' p6' A=73°40'09" w 12.75' D� 00/ `° = _ — g Or N70 52 38 E Co N o N90°00'00"W �N Cb. 31.66' 441-Z °Mo ,� 11.96� L=13.30', R=30.00' v U) lco �--N90000'00"E - A=25°23'32" U CIOL-37.29', R-48.00' A=44°30'54" L=36.78'I R=28.00' v A=75° 15'48" / Z/ E9 SEWER EASEMENT DETAIL > SCALE 1 "=40' I 40' WATER & SEWER EASEMENT PER SEQ. 2019-0700200 I �w� ~ co Cn � z Y ~ CD W C D I ��w J LU zoo a- � � xo two I ry m N88033'02"E 0 �75.011 rn CDf N co 0 0 z N00°43'32"E 13.81' L=54.44', R=35.00' A-89°06'53" L=20.30', R=55.00' A=21 °08'32" S00°43'45"W \I 5.35' L=40.86 , R=35.00 II / I I A=66053'48" S00043'45"W / 11.51' 94'x118' DRAINAGE EASEMENT CA 'A' I PER DKT. 13522, PG. 3401 883,540 SQ.FT.± o �n M M 0 CNO VL=85.38" z / � R=55.00' — A=88°56'59" I L=40.64', R=35.00' I CAA' — I A=66° 32 00 883,540 SQ.FT.± SEWER EASEMENT DETAIL 2 SCALE 1 "=40' �m 11� i 30 \ 9 0 \ 28 V-7 - 29 \ ♦ �� aE � N� 6p ag / 883,540 SQ.FT.± /� o 0 43 �:�, o c9 10,252 SQ.FT.± (0 o 31 1 � r5 5 - 0 �° p DO �< c� 0 39 7,620 SQ.FT.± 38 �C \ 7,620 CA 'A' 883,540 SQ.FT.± 68 ° 42 \moo, / 1/2" IRON REBAR 8,019 0 W/TAG, RLS 12537 SQ.FT.± 2 ` ° 41 �c9 7,620 o / 4- / Z SQ.FT.± N05042'40"E /�� ,q� co Q� i — 27.22' T co C 101 \ o4� ,`S 216-25-0160 �o / o, coy 0 CP C0 216-25-0180 U V 44/ 00 O CDS3 / hM -:z r� Q� a �o C 3 9 CO Lo 6 1686 �, � � Q 0 26�`c Q / v � =O Jmv m 23.80' � Q \C106 �� )0 / rn 20' L/S BUFFER Q I i PER THIS PLATOv 2 44 / m� 9,239 co I o I / 0� SQ.FT.± co 3 0 0 45 r'- C) 1' NAE 0 7,620 SQ.FT.± on E 49121 ERIC D. SHAWD a: 00 �� no /_� 100-YEAR FLOODPLAIN LINE SEE SHEET 6 (TYP.) eyed an S / lO �` \EICATFv�� Q` O. M � �'� 66889 do / ��/ ^ BENJAMI °N E o ZISMANN „ 9,PP S� ned / `� F NA S Q kp'res 09/�'0� / 39 / 38 g� N58° 40' 48"E / 1p26pp0 / CA 'A' ° _r2 SIGHT VISIBILITY TRIANGLE DETAIL SCALE 1"=30' PRV 2309-001 P24WS00013 FINAL PLA T THE ENCLAVE AT TWIN PEAKS LOTS 1 THROUGH 70, COMMON AREA "A" (OPEN SPACE, DRAINAGE, LANDSCAPE, PUBLIC UTILITIES), COMMON AREA "B" (RECREATION AREA, OPEN SPACE & PUBLIC UTILITIES). COMMON AREA "C" (OPEN SPACE, DRAINAGE & LANDSCAPE) A PORTION OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA SCALE: 1" = 40' DECEMBER, 2023 WLB JOB NO. 121021-A-002 SHEET 3 OF 8 w Z W Z W or W V) PRV 2309-001 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 SEQUENCE NUMBER Page 49 of 561 1=20.03', R=221.00' W. GINGER CAT LN. (PUBLIC STREET) (DEDICATED BY THIS PLAT) I I I w� � ol,~r, o 0 56(S) co 6� M ° ` ° CD rn � o S89027'16"W I Z 1.09,00 I I I I coN00032'40" I — — 24.00' I o o• L=54.98', R=35.00' A=90000'04"ri'I'` I ��% CA 'A' w I 20.08' L=0 '�' 883,540 SQ.FT.± CDD N I S8902716"W M o N89027'16"E L=95.00', R=55.00' C 20.08' A=98°58'01" I� L=54.94', R=35.00' A=89056'38" L=7.16', R=2724.07' N90°00'00"E A=0009'02" 1.08' E9 SEWER EASEMENT DETAIL > SCALE 1 "=40' EASEMENT PER SEQ. 2019-0700200 S890 24' 46"W 75.00' N CD BCSM RLS 19316 W. 4 COR. SEC. 12 Engineering* Planning . Surveying The Landscape Architecture • Urban Design WEBOffices located in: Tucson , Phoenix, Flagstaff, and Las Vegas, NV. GroupcVVIaB 1600 W Broadway Rd, Ste. 150 Tempe Az. 85282 PH.(480) 736-1600 '1/L" KtzbAK NO TAG N89021'34"E 212.67' i 1/2" PCP RLS 18557 / BCSM FLUSH RLS 19316 T.O.M. 'A' , 883,540 SQ.FT.± / N87043'02"E 118_00' 7 l NA rn / rn CO* M It CV) °n 67 LO 0 11,300 66 c9 cv SQ.FT.± 9,557 0 °j 216-25-0180 ° n SQ.FT.± � ^0) hN co / 1 C116 C115� G � ZQ G43 C42 MM• ' 441 Qom, a --- �m o G o C129 / =QQ, / 1' / Q O m NqF / V / N 68 `I / 13,404 /co SQ.FT.± � hN / CtD /cy 0 300' l 216-26-1990 BCSM FLUSH RLS 19316 T.O.M. " 0� �� 0 V�2 Q� \FI CATf 49121 No ti ERIC D. SHAWD N e�ea an S ICAT�.�o�o 66889 BENJAMIN E ZISMANN ,� ned S Q . �'O'res 09p0� PRV 2309-001 P24WS00013 FINAL PLA T THE ENCLAVE AT TWIN PEAKS LOTS 1 THROUGH 70, COMMON AREA "A" (OPEN SPACE, DRAINAGE, LANDSCAPE, PUBLIC UTILITIES), COMMON AREA "B" 0' 40' 8 0' 1 2 0' (RECREATION AREA, OPEN SPACE & PUBLIC UTILITIES). COMMON AREA "C" (OPEN SPACE, DRAINAGE & LANDSCAPE) A PORTION OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA 6EP%E SCALE: 1" = 40' DECEMBER, 2023 WLB JOB NO. 121021-A-002 SHEET 4 OF 8 W Z w z W C� w PRV 2309-001 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 SEQUENCE NUMBER Page 50 of 561 I RAID. = N87°37'31 "W FP220 1 184FJP188 EH23 � . �✓FP174 >�FP173 kFP189 FP175FP163U? FP219 N wFP191 FP185 74 FP162 \�'� N 1 �� 7�FP 5_/ FP227 FP182 7j6FP171 271 a" 77I IFP192 FP186 FP1�EH2aa ,0. o�F FP17066 Q E= FP1mFP167 FP183 FP180 2(S) FP164FP�. o / c�lFP266 FP229tFP181FP154 FP161 rm_ZmW �. �Z rL PF 231 FQ2� /QQ� F P 153 . � ... � FP265 Z FP216 � / FP195 ' �Q /gV 160WILDLIFE BUFFER ZONE PER THIS PLAT N i i _� RAID. = N06°16'25"W /� U- / EH32 /�o`v ,�52 . / 22 23 I 1�? co 3 FP214� M��3 j <v ,fig$ F� 21 Iw / oo/EH40 rn I h tFP197 / Fp2g2 % �o � FP202 �Q 20 `w� EH38 / /QN �o FP200 / CA 'A' / A�7 FP206 /QQ FP201 / 4 �'�` Q`L�N , '. / �FP204 / . 19 / V� V /Q FP212 N /N FPj 1(S) /..LL/ / CO / �FP208 / . / 18 / (/ / �mvm 5 IM / 17 C, 16 QQ . ao00 / I� I w Z Q co N I FP236 15 i 6 / I 14 FP111 I 24LU 40 ao LU 7 13 lN� GP..C�Q 25 / Q `CO S QQ' co26 o I a I w / / m m I I M� i 27 Z Q . 12 28 / / 'IV U) 29 X w / / 3 / 01 W U A �co C) � . QQN �� / 30 / ice% 1 lll� ILN � / 9 / 11a/ /00 (n Q N = M I / 11 FP00 :� w = / Q FP254 EH12jw / LLJ CAC / � o I FP253 z w I FP 117 a o u-1 ` / ' 83.71' � . 26.62' 140.39, =I 10 31 , / 42 FP159 F� �FQ� Iw FP16�2 Q� Q J� O / ,, / 41 ��' 49121 �FP160 Q �``L `so / 6 , _ ERIC D. ' SHAWD h a; CA W 9 QQ� l cY) 00 / 40 75 _ _ / CAB � � � 00 \ \ eyed an S o CA 66889 ' m 39 / �• \ BENJAMIN E y 23 o ZISMANN co 241/ \\ \ \ \ s� O s.. 0= FP143� FP142 I ne/ m FP141 3� /, \ \ \ 'res 09�� cs �QFP139 Fp * / \ \ \ PRV 2309-001 / ,, / \ P24WS00013 \ \ \ FINAL PLA T Engineering . Planning Surveying The Landscape Architecture 0 Urban Design WLBOffices located in: Tucson , Phoenix, Flagstaff, and Las Vegas, NV. Group 1600 W Broadway Rd, Ste. 150 Tempe Az. 85282 PH.(480) 736-1600 \ 37 \ 36 35 \ FLOOD PLAIN LIMITS AND EROSION HAZARD SETBACK DIMENSIONS THE ENCLAVE A T TWIN PEAKS 408020 LOTS 1 THROUGH 70, COMMON AREA "A" (OPEN SPACE, DRAINAGE, LANDSCAPE, PUBLIC UTILITIES), COMMON AREA "B" (RECREATION AREA, OPEN SPACE & PUBLIC UTILITIES). COMMON AREA "C" (OPEN SPACE, DRAINAGE & LANDSCAPE) A PORTION OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA SCALE: 1" = 40' DECEMBER, 2023 WLB JOB NO. 121021-A-002 SHEET 5 OF 8 W M Z W Z W D 0 LLI PRV 2309-001 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 SEQUENCE NUMBER Page 51 of 561 The WLB Group \ \ 28 \2 / FP106�0^ 9 / \ 30 \ 29 / FP105 Q 40 43 I 10 31 / 42 Xz� / 41 C 40 -� J � / . � � 216-25-016C CA 'B' / 39 ° co 216-25-0180 CT\ CD IC0 O/J 38 I Z � Q 0 1 CO 0 (V / <FP134 -9 -o X& 44 cam' LEH21 / 37 / I) 45 LL � / I RAID.= SO4o 41 49 W 44 36 / \ Qry N� I I ° / 46 / FP246 I ` 160' WILDLIFE BUFFER ZONE / 35 / PER THIS PLAT / ��l,C� �� 47 / 34 FP130 / �� 48 FP128 FP129 / � / I � 49 FP� 127 \ 33 I41? 00 to 4110 I � 50 / I �`L�O ' F W I 32(S) / `' Q�°'\tss carE f0'� 51ERIC D. Y (D I �- \ / d SHAWD Q W J � I / � / / d �ls '•� m w I z UO �� .��' / / 52 �x0 / eyedanSo °- I / 53 t ' 66889 1 / ' BENJAMIN E o ZISMASMANN to RAID. = N05°47'29"W Uj _ 0 "La F Nq S %K FP12 j / �: / �'� ti ' � pyres I 74.118' / � 54 5� co FP91 Engineering* Planning . Surveying Landscape Architecture • Urban Design Offices located in: Tucson , Phoenix, Flagstaff, and Las Vegas, NV. 1600 W Broadway Rd, Ste. 150 Tempe Az. 85282 PH.(480) 736-1600 FLOOD PLAIN LIMITS AND EROSION HAZARD SETBACK DIMENSIONS PRV 2309-001 P24WS00013 FINAL PLA T THE ENCLAVE AT TWIN PEAKS LOTS 1 THROUGH 70, COMMON AREA "A" (OPEN SPACE, DRAINAGE, LANDSCAPE, PUBLIC UTILITIES), COMMON AREA "B" (RECREATION AREA, OPEN SPACE & PUBLIC UTILITIES). COMMON AREA "C" (OPEN SPACE, DRAINAGE & LANDSCAPE) A PORTION OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA SCALE: 1" = 40' DECEMBER, 2023 WLB JOB NO. 121021-A-002 SHEET 6 OF 8 PRV 2309-001 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 SEQUENCE NUMBER Page 52 of 561 FP LINE TABLE FP LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE FP1 N83042'40"E 2.01' FP51 S74027'01 "W 99.58' FP2 N00046'08"W 26.85' FP52 S60047'00"W 97.21' FP3 N77058'41"E 5.17' FP53 S47015'09"W 67.75' FP4 N04029'50"W 77.31' FP54 S62049'54"W 63.65' FP5 N58002'00"E 9.05' FP55 S43035'17"W 34.67' FP6 S09036'33"E 28.83' FP56 S79021'22"E 33.52' FP7 S53031'53"W 5.81' FP57 S56052'06"W 44.98' FP8 S00041'37"E 104.89' FP58 S20038'56"W 35.51' FP9 N71 °06'23"E 13.29' FP59 S70013'32"W 14.44' FP10 N08047'36"E 20.18' FP60 S05053'04"E 9.37' FP11 S34055'00"E 10.57' FP61 S76034'39"W 28.97' FP12 S64025'27"E 24.18' FP62 S11 021'46"W 14.02' FP13 S19049'59"E 16.05' FP63 S57030'53"E 9.97' FP14 S64018'54"E 18.49' FP64 S68026'32"W 11.67' FP15 S74046'03"E 30.47' FP65 S60052'57"W 46.82' FP16 S06003'31 "W 11.10, FP66 S36021'25"W 10.94' FP17 S34025'51 "E 40.82' FP67 S62045'56"W 32.99' FP18 N86035'16"E 13.95' FP68 S55019'43"W 46.17' FP19 S70030'37"E 13.46' FP69 S47018'36"W 28.21' FP20 N55011'15"E 22.15' FP70 S21 °16'03"W 15.96' FP21 S58046'26"E 9.54' FP71 S02043'36"E 25.81' FP22 S59041'22"W 18.92' FP72 S44016'22"E 17.49' FP23 S28000'36"E 11.70' FP73 N81 "46'52"E 8.80' FP24 S77035'19"E 13.15' FP74 S45034'51 "W 11.70' FP25 N82038'57"E 46.13' FP75 N54"50'50"W 31.79' FP26 N54032'12"W 24.58' FP76 S21 °41'09"W 22.82' FP27 N57023'23"E 36.14' FP77 N04"23'23"E 20.16' FP28 S27031'28"E 11.49' FP78 N69"04'10"W 8.92' FP29 N37031'09"E 54.98' FP79 S71 °06'05"W 56.21' FP30 S41 °53'53"E 27.65' FP80 S55025'41 "W 8.88' FP31 N66018'11"E 19.23' FP81 S85010'54"W 14.57' FP32 N20039'09"E 39.88' FP82 S75028'06"W 13.52' FP33 N46005'30"E 22.39' FP83 S06003'23"E 2.58' FP34 S31 °55'48"E 26.89' FP84 S73059'02"E 20.81' FP35 N56023'45"E 72.29' FP85 N87"42'29"E 14.82' FP36 S03026'36"E 15.61' FP86 S89042'32"E 51.16' FP37 N67034'59"E 42.31' FP87 S25015'56"E 21.04' FP38 N45038'22"E 84.54' FP88 S14002'41 "E 14.69' FP39 N33020'45"E 175.61' FP89 S31 °45'10"W 11.01, FP40 N19048'18"E 183.06' FP90 S06052'14"W 70.76' FP41 N86027'19"E 27.10' FP91 N78"07'08"W 17.94' FP42 N28021'09"E 31.17' FP92 S07009'23"W 32.89' FP43 N20052'40"E 29.69' FP93 S82038'42"E 14.45' FP44 N30034'50"W 16.12' FP94 N49042'15"E 13.30' FP45 S22016'31 "W 16.57' FP95 N88"09'51 "E 78.66' FP46 N81 °54'58"W 20.62' FP96 N48"07'56"E 30.87' FP47 N06000'20"E 15.29' FP97 N70014'43"E 104.62' FP48 N68053'21"W 9.74' FP98 N54036'10"E 98.16' FP49 N 19001'45"E 118.97' FP99 N44"04'06"E 187.97' FP50 S88048'59"W 118.17' FP100 N58"29'21 "E 497.93' RAD. = S05°45'13"W I I 0 LU lcl� 0� o z Y z I QUo J W m Z_ O ~ (n Q Q fix° � w - ti n H FP U � FP5 FP6 I --EHS LIN N 17" 36' IIL RAD. = N06050'53"W FP1 �I FP3' J Engineering* Planning . Surveying The Landscape Architecture • Urban Design WEBOffices located in: Tucson , Phoenix, Flagstaff, and Las Vegas, NV. Group Vviis 1600 W Broadway Rd, Ste. 150 Tempe Az. 85282 PH.(480) 736-1600 216-26-003C EXIST FEM�z� FEMA ZONE ) / FP50 coC' mvo Q Z0 .0 N r 216-26-1990 216-25-0180 essi ono/ F� Q� \ F I CATF 49121 do y ERIC D. SHAWD 7e\6V CATF 66889 BENJAMIN E ZISMANN kp��es 09�30�� 7 0' 4 0' 8 0' 12 0' 6.. FLOOD PLAIN LIMITS AND EROSION HAZARD SETBACK DIMENSIONS PRV 2309-001 P24WS00013 FINAL PLA T THE ENCLAVE AT TWIN PEAKS LOTS 1 THROUGH 70, COMMON AREA "A" (OPEN SPACE, DRAINAGE, LANDSCAPE, PUBLIC UTILITIES), COMMON AREA "B" (RECREATION AREA, OPEN SPACE & PUBLIC UTILITIES). COMMON AREA "C" (OPEN SPACE, DRAINAGE & LANDSCAPE) A PORTION OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA SCALE: 1" = 40' DECEMBER, 2023 WLB JOB NO. 121021-A-002 SHEET 7 OF 8 W w m Z w z w C� w PRV 2309-001 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 SEQUENCE NUMBER Page 53 of 561 CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 24"42' 13" 135.75' 58.53' C2 54014'43" 200.00' 189.35' C3 7020'32" 500.00' 64.07' C4 45023'07" 200.00' 158.42' C5 15030'53" 400.00' 108.31' C6 51 ° 14'20" 200.00' 178.86' C7 52051'10" 200.00' 184.49' C8 13046'02" 200.00' 48.06' C9 29057'06" 200.00' 104.55' C10 70033'42" 200.00' 246.31' C11 90005'23" 25.00' 39.31' C12 0035'26" 1940.10' 20.00' C 13 0044'01 " 1940.10' 24.84' C14 33045'38" 45.00' 26.52' C15 29"23'26" 55.00' 28.21' C 16 58019'00" 45.00' 45.80' C17 22050'23" 179.00' 71.35' C18 7020'32" 521.00' 66.76' C19 35009'53" 45.00' 27.62' C20 275"29'52" 55.00' 264.46' C21 58049'14" 45.00' 46.20' C22 7020'32" 479.00' 61.38' C23 52039'20" 221.00' 203.10' C24 112" 18'03" 25.00' 49.00' C25 45023'07" 179.00' 141.79' C26 15030'53" 421.00' 114.00' C27 90000,001, 40.00' 62.83' C28 51 ° 14'20" 221.00' 197.64' C29 52051'10" 221.00' 203.86' C30 13046'02" 179.00' 43.01' C31 29057'06" 221.00' 115.53' C32 236"57'05" 55.00' 227.46' C33 86"54' 11 " 45.00' 68.25' C34 13046'02" 221.00' 53.10' C35 52051'10" 179.00' 165.12' C36 51 ° 14'20" 179.00' 160.08' C37 90000,001, 40.00' 62.83' C38 251 °38'23" 55.00' 241.56' C39 71020'15" 45.00' 56.03' C40 7006" 1 " 379.00' 46.99' C41 15"27'49" 221.00' 59.65' C42 46009'09" 35.00' 28.19' C43 64012'24" 221.00' 247.66' C44 247"33' 14" 55.00' 237.63' C45 67"33' 13" 55.00' 64.85' C46 60023'09" 179.00' 188.65' C47 58013'56" 35.00' 35.57' C48 9042'49" 55.00' 9.32' C49 19049'50" 55.00' 19.04' C50 21 °08'32" 55.00' 20.30' CURVE TABLE CURVE DELTA RADIUS LENGTH C51 143027'38" 55.00' 137.71' C52 22050'23" 179.00' 71.35' C53 19018'58" 179.00' 60.35' C54 0016'02" 179.00' 0.84' C55 0014'47" 521.00' 2.24' C56 6036'59" 521.00' 60.16' C57 0028'46" 521.00' 4.36' C58 35006'57" 45.00' 27.58' C59 1 °37'14" 45.00' 1.27' C60 64021'58" 55.00' 61.79' C61 47"00'07" 55.00' 45.12' C62 18056'43" 55.00' 18.19' C63 26023'39" 55.00' 25.34' C64 110039'34" 55.00' 106.22' C65 110039'34" 55.00' 106.22' C66 110039'34" 55.00' 106.22' C67 8007'56" 55.00' 7.81' C68 47029" 7" 45.00' 37.30' C69 11 0 19'54" 45.00' 8.90' C70 0056'55" 421.00' 6.97' C71 8005" 2" 421.00' 59.42' C72 6028'46" 421.00' 47.61' C73 8054'30" 221.00' 34.36' C74 22010'50" 221.00' 85.55' C75 13035'05" 221.00' 52.40' C76 6033'55" 221.00' 25.32' C77 15027'46" 221.00' 59.64' C78 15027'46" 221.00' 59.64' C79 15027'45" 221.00' 59.64' C80 5048'42" 221.00' 22.42' C81 12025'27" 221.00' 47.92' C82 15027'46" 221.00' 59.64' C83 2003'53" 221.00' 7.96' C84 44035'48" 55.00' 42.81' C85 36033'36" 55.00' 35.10' C86 13049'30" 55.00' 13.27' C87 27002'50" 55.00' 25.96' C88 10030'28" 55.00' 10.09, C89 21 °56'12" 55.00' 21.06' C90 39016'45" 55.00' 37.71' C91 42" 15'03" 55.00' 40.56' C92 54058'33" 45.00' 43.18' C93 31 °55'39" 45.00' 25.08' C94 6027" 2" 221.00' 24.89' C95 7018'50" 221.00' 28.21' C96 25044" 3" 179.00' 80.41' C97 27006'57" 179.00' 84.71' C98 14010'41 " 179.00' 44.29' C99 21 °52'38" 179.00' 68.35' C 100 15011'01 " 179.00' 47.44' Engineering . Planning . Surveying The Landscape Architecture • Urban Design WEBOffices located in: Tucson , Phoenix, Flagstaff, and Las Vegas, NV. Group Vviis 1600 W Broadway Rd, Ste. 150 Tempe Az. 85282 PH.(480) 736-1600 CURVE TABLE CURVE DELTA RADIUS LENGTH C 101 50"25' 16" 55.00' 48.40' C102 41 "16'25" 55.00' 39.62' C103 24009'44" 55.00' 23.19' C104 26058'35" 55.00' 25.90' C105 62012'22" 55.00' 59.71' C106 23018'00" 55.00' 22.37' C107 8024'41" 379.00' 55.64' C108 7006" 1" 379.00' 46.99' C109 6023'30" 221.00' 24.65' C110 15027'49" 221.00' 59.65' Cl 12 15027'43" 221.00' 59.64' C113 5011'32" 221.00' 20.03' C114 45023'09" 221.00' 175.06' C115 7001'10" 221.00' 27.08' C116 15021'45" 221.00' 59.26' C117 15027'37" 221.00' 59.63' C118 15027'34" 221.00' 59.63' C119 10054'18" 221.00' 42.06' C 120 37" 18'46" 55.00' 35.82' C121 71 "53'03" 55.00' 69.01' C122 28039'38" 55.00' 27.51' C123 110021'01" 55.00' 105.93' C124 8020" 8" 55.00' 8.00' C 125 0039" 1 " 221.00' 2.52' C126 17031'37" 55.00' 16.82' C127 8020" 0" 179.00' 26.04' C128 47"47'05" 179.00' 149.29' C129 4015'55" 179.00' 13.32' C 130 41 "41' 19" 55.00' 40.02' 'essi ono/ F� Q� FICATf 49121 No ERIC D. SHAWD d e A eyed an S 66889 BENJAMIN E o ZISMANN 0 ned �� S P. pyres 09/g01 LINE TABLE LINE BEARING DISTANCE L1 N88033'02"E 130.48' L2 N25020'24"W 45.08' L3 N28054'18"E 57.42' L4 N21 °33'47"E 209.57' L5 N68026'13"W 14.14' L6 N88033'02"E 100.68' L7 N43009'55"E 123.97' L8 N58040'48"E 501.44' L9 S31 °36'54"E 34.00' L10 S31 °19'12"E 145.50' L11 S19055'08"W 31.94' L12 S72046'17"W 169.07' L13 S59000'16"W 108.14' L14 S88057'22"W 8.87' L15 N01 002'38"W 34.00' L16 N69012'51"W 30.00' L 17 S41 ° 17'33"W 404.10' L18 S48042'27"E 34.00' L19 S84026'23"W 16.31' L20 S88032'17"W 39.47' L21 S28054'18"W 57.42' L22 N21 °33'47"E 149.76' L23 N21 °33'47"E 55.64' L24 N21 °33'47"E 60.00' L25 N21 °33'47"E 34.08' L26 N21 °33'47"E 124.02' L27 N28054'18"E 57.42' L28 N88033'02"E 33.01' L29 S86038'46"E 14.66' L30 N86044'30"W 15.22' L31 S88033'02"W 85.17' L32 S43010'49"W 127.44' L33 S58040'48"W 135.22' L34 S31 ° 19' 12"E 84.50' L35 S19055'08"W 31.94' L36 S72046'17"W 59.99' L37 S59000'16"W 60.00' L38 S88057'22"W 8.87' L39 N59000'16"E 50.33' L40 N72046'17"E 60.00' L41 N 19055'08"E 31.94' L42 N31019'12"W 84.50' L43 S58040'48"W 60.00' L44 N58040'48"E 406.88' L45 N43009'55"E 123.97' L46 S08001'36"E 28.89' L47 N88033'02"E 85.49' L49 N84012'10"E 15.59' L50 S41 ° 17'33"W 404.10' L51 S41 ° 17'33"W 302.45' L52 S89023'06"E 25.51' L53 S20052'47"W 25.00' FP LINE TABLE FP LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE FP101 N08"21'57"E 41.13' FP151 S71 °45'12"W 185.90' FP102 N30042'32"E 71.08' FP152 S61 °13'41 "W 205.72' FP103 N05028'O1"E 56.87' FP153 S82013'24"W 111.63' FP104 N29"40'21 "E 194.21' FP154 S89021'54"W 114.63' FP105 N50"51'14"E 18.76' FP155 S44035'40"W 30.17' FP106 S48009'08"E 11.78' FP156 S17012'24"W 38.27' FP107 N25"00'27"E 23.88' FP157 S55034'00"W 34.24' FP108 N12024'00"W 29.39' FP158 N52038'25"E 32.21' FP109 N36019'33"E 63.72' FP159 N45011'37"E 20.13' FP110 N88"44'31"E 7.59' FP160 N16009'46"E 19.75' FP111 S89027'12"W 11.51' FP161 S45015'57"E 8.84' FP112 S39045'22"W 126.53' FP162 S46013'12"E 8.96' FP113 S70054'44"W 230.59' FP163 N87029'35"E 11.41' FP114 S58006'37"W 208.32' FP164 N74056'25"E 3.16' FP115 N23"21'40"W 36.86' FP165 S74016'55"E 7.24' FP116 N56"10'36"E 166.53' FP166 S84029'39"E 8.09' FP117 N32014'44"W 16.24' FP167 N41 °46'06"E 13.18' FP118 N70029'18"E 443.85' FP168 N88031'55"E 7.17' FP119 N28"54'36"E 346.45' FP169 S23008'56"W 10.99, FP120 N48"25'45"E 148.16' FP170 S17021'49"E 3.85' FP121 S86001'44"W 64.21' FP171 S02008'25"E 9.85' FP122 SO1052'12"E 19.60' FP172 S26008'30"W 10.96' FP123 S02003'36"W 36.98' FP173 S40001'35"W 19.02' FP124 S37038'18"W 41.48' FP174 N20031'39"E 13.24' FP125 S04000'56"W 52.78' FP175 N46047'53"E 43.61' FP126 S48032'00"W 32.16' FP176 S60007'53"E 27.14' FP127 S52019'30"W 32.58' FP177 N56042'22"E 16.99' FP128 N84041'04"W 18.76' FP178 N36015'51"E 7.88' FP129 S49004'38"W 10.12' FP179 N54049'42"E 10.26' FP130 N82003'37"W 7.25' FP180 N55047'19"E 7.61' FP131 S44006'33"W 130.97' FP181 S61 °28'38"E 6.01' FP132 S57008'06"W 112.00' FP182 S05012'06"W 7.05' FP133 S59000'50"W 88.43' FP183 S68051'42"E 13.78' FP134 S58044'55"W 48.67' FP184 N53005'18"E 14.74' FP135 S31 °02'1 YE 28.08' FP185 S74048'46"E 10.70' FP136 N63040'15"E 67.23' FP186 S14002'58"E 8.43' FP137 N63"53'49"E 72.07' FP187 S09013'22"E 21.34' FP138 S78053'23"E 32.24' FP188 S40037'04"E 19.74' FP139 N87"53'17"E 25.05' FP189 N20003'51"E 20.45' FP140 S32019'37"W 25.49' FP190 N87015'02"E 22.26' FP141 S10003'15"E 23.38' FP191 N41 °33'28"E 15.05' FP142 S0603O'l2"W 5.56' FP192 S57019'59"E 13.74' FP143 S09055'58"W 6.38' FP193 N00031'11 "E 18.22' FP144 S44020'11 "W 11.84' FP194 N35020'43"E 44.42' FP145 S00019'50"E 25.95' FP195 N44032'41"E 27.86' FP146 S15001'52"W 61.28' FP196 N54041'45"E 78.33' FP147 S12042'46"W 118.07' FP197 S68043'13"E 24.29' FP148 S24047'38"W 117.12' FP198 N71 °14'1 YE 32.45' FP149 S44021'30"W 116.03' FP199 N26024'03"E 32.31' FP150 L 1 S61011'32"W 100.26' FP200 S50039'35"E 11.30' FP LINE TABLE FP LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE FP201 N62043'05"E 16.02' FP251 S06030'39"W 29.77' FP202 S61 °23'00"E 8.93' FP252 S22024'59"E 29.12' FP203 N38"49'55"E 31.80' FP253 S02052'46"W 2.80' FP204 S85008'38"E 12.19' FP254 S34056'20"E 2.51' FP205 N57"02'44"E 39.29' FP255 S01 031'50"E 24.03' FP206 S22009'57"E 22.57' FP256 S27008'05"W 27.81' FP207 N11"56'44"E 37.14' FP257 S06022'35"E 139.74' FP208 S88049'17"E 21.89' FP258 S01 004'50"W 53.35' FP209 S21 °53'50"W 33.62' FP259 S18058'26"W 35.99' FP210 S52019'56"E 15.85' FP260 S33054'27"E 21.59' FP211 N53006'36"E 37.65' FP261 S24023'10"W 57.01' FP212 N86"42'24"W 16.53' FP262 S73010'07"W 18.66' FP213 S42059'23"W 96.28' FP263 S25016'12"E 17.79' FP214 S15050'59"E 9.15' FP264 S24040'38"W 66.22' FP215 S58029'33"W 54.35' FP265 N70"31'18"E 13.35' FP216 N89051'29"W 28.04' FP266 SO 040'09"E 7.28' FP217 S34057'28"W 73.11' FP267 S36048'37"W 27.10' FP218 S50035'51 "W 42.42' FP268 S37034'23"W 15.83' FP219 S24045'41 "W 16.16' FP269 S30050'20"E 31.04' FP220 N28"25'29"E 16.35' FP270 S79041'41 "W 13.47' FP221 N74"55'30"E 9.56' FP271 N80"03'04"W 62.37' FP222 N12041'30"E 17.29' FP272 N48"31'30"E 33.87' FP223 N50011'10"E 12.17' FP273 S21 °26'43"W 8.77' FP224 S19014'14"E 13.21' FP274 N15"14'44"W 23.21' FP225 N35014'37"E 22.18' FP275 N56021'14"E 28.87' FP226 N65050'01 "E 7.92' FP276 S16028'54"E 27.97' FP227 S48023'39"E 6.30' FP277 N03019" 2"E 96.09' FP228 N36053'08"E 20.81' FP229 S84036'02"E 28.75' FP230 N62000'24"E 44.39' FP231 S83037'51 "E 76.54' FP232 N50008'36"E 34.31' FP233 NO "19'50"W 60.20' FP234 N29"26'03"E 111.38' FP235 N09"09'52"W 27.08' FP236 N80020'42"E 13.86' FP237 N05059'45"E 27.84' FP238 N24"45'27"E 249.21' FP239 N07"56'l2"W 24.48' FP240 N28052'20"E 159.67' FP241 N74040'01 "E 35.08' FP242 N20026'12"E 83.68' FP243 N25"48'12"E 77.68' FP244 S11 025'28"E 39.85' FP245 N22"18'35"E 42.14' FP246 S88052'18"E 9.86' FP247 S15009'58"E 77.53' FP248 S86005'49"W 34.53' FP249 S49001'30"E 18.62' FP250 S26059'54"E 41.58' EHS LINE TABLE LINE BEARING DISTANCE EH1 S43025'10"W 26.85' EH2 S19024'57"W 112.00' EH3 S04001'49"E 26.42' EH4 S54021'37"W 31.46' EH5 S24023'10"W 30.78' EH6 S33054'27"E 20.08' EH7 S18058'26"W 44.48' EH8 S01 030'05"W 47.83' EH9 S06030'57"E 145.64' EH10 S27008'05"W 28.95' EH11 S01031'50"E 10.14' EH12 S34056'20"E 3.57' EH13 S02052'46"W 5.75' EH14 S22024'59"E 28.49' EH15 S00005'37"W 30.42' EH16 S06030'39"W 23.65' EH17 S26059'54"E 29.19' EH18 S49001'30"E 21.38' EH19 NO3"13'49"W 17.19' EH2O N19°45'07"E 72.03' EH21 N66016'14"E 25.91' EH22 S23006'19"W 14.27' EH23 S83054'18"E 22.18' EH24 N33043'49"E 30.66' EH25 S84036'02"E 22.24' EH26 N62000'24"E 44.16' EH27 S83037'51 "E 79.48' EH28 N50008'36"E 26.44' EH29 S19041'55"W 32.51' EH30 S50035'51 "W 44.72' EH31 S34057'28"W 82.74' EH32 N89051'29"W 34.02' EH33 S58029'33"W 28.31' EH34 S15°50'59"E 4.29' EH35 S47005'42"W 19.90, EH36 S45051'38"E 24.37' EH37 N57"02'44"E 17.64' EH38 S85008'38"E 7.45' EH39 N42"45'23"E 30.92' EH40 N89"50'29"E 18.25' EH41 N66020'07"E 13.25' EH42 N33041'40"E 18.84' EH43 N68"15'38"E 49.01' EH44 S71 °50'42"E 20.85' EH45 N55"41'53"E 60.67' EH46 N44"32'41 "E 23.63' EH47 N35"20'43"E 34.57' EH48 N01 037'16"E 33.51' EH49 N59005'47"E 24.04' EH50 N15002'57"W 35.41' EHS LINE TABLE LINE BEARING DISTANCE EH51 N38002'31 "E 66.57' EH52 N00010'54"W 52.77' EH53 S45035'04"E 19.53' EH54 S57036'59"E 27.99' EH55 S57050'51 "E 10.46' EH56 S22018'43"E 12.42' EH57 S72051'1 YE 49.69' EH58 S05030'08"E 30.23' EH59 S34025'51 "E 6.05' EH60 N86035'16"E 4.88' EH61 S70030'37"E 4.49' EH62 N61 °50'29"E 25.71' EH63 S67046'25"E 27.07' EH64 N59026'42"E 58.43' EH65 N37031'09"E 28.23' PRV 2309-001 P24WS00013 FINAL PLA T THE ENCLAVE AT TWIN PEAKS LOTS 1 THROUGH 70, COMMON AREA "A" (OPEN SPACE, DRAINAGE, LANDSCAPE, PUBLIC UTILITIES), COMMON AREA "B" (RECREATION AREA, OPEN SPACE & PUBLIC UTILITIES). COMMON AREA "C" (OPEN SPACE, DRAINAGE & LANDSCAPE) A PORTION OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA [.Y�R1��ii18[�ll W w m Z w U Z w C� w PRV 2309-001 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 DECEMBER, 2023 WLB JOB NO. 121021-A-002 SEQUENCE NUMBER SHEET 8 OF 8 Page 54 of 561 41i . T TOWN O F MARANA _J PROJECT AREA no: Marana Corporate Limits Parcels Project Area ■ ■ ■ Feet 500 250 0 250 500 By: SSR Date: 4/26/2024 M !- N001 - w CA, _MI___-EIPE■ ------------- Page 55 of MARANA AZ Development Services / maranaplanning@maranaAZ.gov 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382-2600 / Fax (520) 382-2641 / maranaAZ.gov PROJECT APPLICATION APPLICATION TYPE ❑ Annexation ❑ Development Plan ❑ Development Plan Package ❑ General Plan Amendment ❑ Rezone ❑ Minor Land Division ❑ Significant Land Use Change ❑ Conditional Use Permit ❑ Specific Plan ❑ Landscape Plan ❑ Native Plant Plan/Exception ❑ SWPP ❑ Variance ❑ Hydraulic Model ❑ Sewer Capacity Assurance ❑ Sign Program 0 Plat ❑ Improvement Plan ❑ Report (Type): ❑ Other: PROJECT• • Project Name: Enclave at Twin Peaks Description of Project: Single Family Residential Number of Lots: 70 Parcel No.(s): 216-25-020C;020E;020F;019B;019E;015H;015J;015F;015M;015L Gross Area (Acres): 38.69 Project Address: 5347 W. Twin Peaks Rd Ref. Project No.: PCZ201 1-002; PRV2205-007 CONTACT• • Owner: Fairfield Home Contact Name: David Williamson Address: 6045 N. Campbell Av, 1 st Floor City: Tucson State: AZ Zip: 85718 Email: davidw@fairfield.net Phone No.: (520) 730-6576 Applicant: The WLB Group, Inc. Contact Name: Linda Thompson Address: 4444 E. Broadway City: Tucson State: AZ Zip: 85711 Email: Ihompson@wlbgroup.com Phone No.: (520) 390-1086 Consultant/Engineer: The WLB Group, Inc. Contact Name: Jerry Zillman Address: 1600 W. Broadway, Ste 150 City: Tempe State: AZ Zip: 85282 Email: jzillman@wlbgroup.com Phone No.: (480) 736-1600 •WNER/APPLICANT AUTHORIZATION I hereby certify that the information set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owner, attach written authorization from the owner.) Linda Thompson Linda Thompson pate°'Z0Zga9abob :0Thompson o7/20/2023 Applicant Name (PRINT) Signature Date FOR OFFICIAL USE ONLY Project No. Date Received Revision Date 03/29/2019 Marana Town Council Regular Meeting Agenda Packet Page 56 of 561 May 21, 2024 _'Ad6l� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting Meeting Date: 05/21/2024 To: Mayor and Council Submitted For: Scott Radden, Senior Planner From: Scott Radden, Senior Planner Date: May 21, 2024 Strategic Plan Focus Area: Not Applicable C4 Subject: Resolution No. 2024-046: Relating to Development; approving the Amended Final Plat for Tangerine/ I-10, Lots 4D-4H and Block 1141I generally located south of Tangerine Road and west of Rillito Village Trail within Section 1, Township 12 South and Range 11 East, and Section 6, Township 12 South and Range 12 East (Scott S. Radden) Discussion: Request Baker & Associates Engineering, Inc., representing the property owners, Tangerine/I-10, LLC, is requesting approval of a final plat for five commercial lots and one block, including access and utility easements, on 4.4 acres of land. The proposed subdivision is a resubdivision of the existing Block 1 of the Amended Final Plat for Tangerine/ 1-10, Lots 3A-3D, Lots 4A-4C and Blocks 1-3, recorded in Seq. # 20231590263. Location The proposed subdivision is generally located south of Tangerine Road and west of Rillito Village Trail within Section 1, Township 12 South and Range 11 East and Section 6, Township 12 South and Range 12 East. Zoning and Land Use The zoning of the subdivision is Specific Plan (SP), as part of the Tangerine Commerce Park, approved per Marana Ordinance No 2005.27. The land use designation for this area is Commerce Park, which allows various commercial uses with no minimum lot Marana Town Council Regular Meeting Agenda Packet Page 57 of 561 May 21, 2024 size. The minimum lot size provided is 26,925 square feet. The average lot size provided is 35,244 square feet. The maximum lot size provided is 42,231. Access and Traffic Circulation Access to Lots 4D-4H and Block "4" is provided through an existing 32-foot common access drive granted per supplementary declaration recorded at Seq. No. 20240810594, that is aligned with an existing access easement per Seq. No. 20231590263, associated with the Amended Final Plat Tangerine/ I-10, Lots 3A-3D, Lots 4A-4C, and Block 1-3 (to the west). The easements allow two access points, starting at Tangelo Park Place, continuing to the east, to Rillito Village Trail, located on the east side of the site. Infrastructure and Utilities All commercial parcels in the Tangerine Commerce Park Specific Plan area are served by Marana Water (water and sewer service), Southwest Gas and Tucson Electric Power. Staff Recommendation: Staff has reviewed the proposed final plat against the requirements of the Marana Town Code, the Tangerine Commerce Park Specific Plan, and the Marana General Plan. The proposed final plat is in substantial conformance with all required development regulations and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2024-046, approving the Amended Final Plat for Tangerine/ I-10, Lots 4D-4H and Block "4 " Attachments Resolution No. 2024-046 Tangerine_I10_Lots4d-4H_Blk4 Final Plat Location Map Application Marana Town Council Regular Meeting Agenda Packet Page 58 of 561 May 21, 2024 MARANA RESOLUTION NO.2024-046 RELATING TO DEVELOPMENT; APPROVING THE AMENDED FINAL PLAT FOR TANGERINE/ I-10, LOTS 4D-4H AND BLOCK "4" GENERALLY LOCATED SOUTH OF TANGERINE ROAD AND WEST OF RILLITO VILLAGE TRAIL WITHIN SECTION 1, TOWNSHIP 12 SOUTH AND RANGE 11 EAST, AND SECTION 6, TOWNSHIP 12 SOUTH AND RANGE 12 EAST WHEREAS, on December 20, 2005, the Mayor and Town Council adopted Ordinance No. 2005.27, approving a rezoning of approximately 494 acres of land within Section 1, Township 12 South and Range 11 East and Section 6, Township 12 South and Range 12 East, including the property that is the subject of this plat, from Zone "F" (Calmat Specific Plan) to "F" (Specific Plan) creating the Tangerine Commerce Park Specific Plan; and WHEREAS, on April 6, 2021, the Mayor and Town Council adopted Resolution No. 2021-041, approving the final plat for Tangerine/I-10 Lots 1 through 10, Parcel A; and WHEREAS, on June 7, 2022, the Mayor and Town Council adopted Resolution No. 2022-053, approving the Amended Final Plat for Tangerine/I-10 Lots 3-5 & Block 1; and WHEREAS, on June 6, 2 0 2 3, the Mayor and Town Council adopted Resolution No. 2023-051, approving an Amended Final Plat For Tangerine/I-10 Lots 3A - 3D, Lots 4A - 4C, and Block 1" (Future Development), Blocks "2" And "3" (Open Space/Drainage); and WHEREAS Baker & Associates Engineering, Inc., representing the property owners, Tangerine/I-10, LLC, has applied for approval of the Amended Final Plat for Tangerine/I-10, Lots 4D-4H and Block "4" located south of Tangerine Road and west of Rillito Village Trail; and WHEREAS the Mayor and Town Council, at its May 21, 2024 meeting, determined that the Amended Final Plat for Tangerine/ I-10, Lots 4D-4H and Block "4" should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the Amended Final Plat for Tangerine/I10, Lots 4D-4H and Block "4" is hereby approved. Marana Resolution No. 2024-046 -1- Marana Town Council Regular Meeting Agenda Packet Page 59 of 561 May 21, 2024 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of May 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Resolution No. 2024-046 -2- Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 60 of 561 DEDICATION WE, THE UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY FEE TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT AND WE CONSENT TO THE SUBDIVISION OF THIS LAND IN THE MANNER SHOWN ON THIS PLAT. WE, THE UNDERSIGNED, OUR SUCCESSORS, AND ASSIGNS, DO HEREBY HOLD THE TOWN OF MARANA, ITS EMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF THESE LANDS NOW AND IN THE FUTURE BY REASON OF FLOODING, FLOWAGE, EROSION, OR DAMAGE CAUSED BY WATER, WHETHER SURFACE, FLOOD, OR RAINFALL. NATURAL DRAINAGE SHALL NOT BE ALTERED, DISTURBED, OR OBSTRUCTED WITHOUT THE APPROVAL OF THE TOWN OF MARANA. UTILITY EASEMENTS AS SHOWN ON THIS PLAT, ARE DEDICATED TO THE TOWN OF MARANA, PIMA COUNTY, AND ALL PUBLIC AND PRIVATE UTILITY COMPANIES FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF, AND ACCESS TO, PUBLIC AND PRIVATE UTILITIES AND PUBLIC SEWERS. OTHER EASEMENTS SHOWN ON THIS PLAT ARE DEDICATED TO THE TOWN OF MARANA FOR THE PURPSE OR PURPOSES NOTED ON THIS PLAT. LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, L.L.C. AN ARIZONA LIMITED LIABILITY COMPANY, AS TRUSTEE UNDER TRUST NO. 2402, AND NOT OTHERWISE TRUST OFFICER BENEFICIARY - TRUST NO. 2402 R 11 TANGERINE CORPORATION (AN ARIZONA CORPORATION) 3567 EAST SUNRISE DRIVE, #219, TUCSON, ARIZONA 85718 PHONE 520-299-8424 ACKNOWLEDGMENT STATE OF ARIZONA S.S. COUNTY OF PIMA ON THIS, THE _______ DAY OF --------------------- 20__, BEFORE ME PERSONALLY APPEARED WHO ACKNOWLEDGED HIMSELF/HERSELF TO BE THE TRUST OFFICER OF LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY AS TRUSTEE UNDER TRUST NO. 2402, AND NOT IN ITS CORPORATE CAPACITY AND ACKNOWLEDGED THAT HE/SHE, AS THE TRUST OFFICER, BEING AUTHORIZED TO DO SO, EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSE(S) THEREIN CONTAINED. IN WITNESS WHEREOF. I HEREBY SET MY NAME AND OFFICIAL SEAL. NOTARY PUBLIC GENERAL NOTES 1. THE GROSS AREA OF THIS SUBDIVISION IS 192,558 SF (4.4 ACRES). 2. THE TOTAL NUMBER OF LOTS IS 5. THE TOTAL NUMBER OF BLOCKS IS 1. 3. THE PROPOSED USE OF BLOCK "4" WILL BE FUTURE DEVELOPMENT. 4. TOTAL MILES OF NEW PUBLIC STREETS IS 0.0 MILES. TOTAL MILES OF NEW PRIVATE STREETS IS 0.0 MILES. 5. THE EXISTING ZONING IS SPECIFIC PLAN 'Y' TANGERINE COMMERCE PARK PER MARANA ORDINANCE NO. 2005.27. 6. MINIMUM PROVIDED LOT SIZE IS 26,925 SF. AVERAGE LOT SIZE IS 35,244 SF. MAXIMUM LOT SIZE PROVIDED IS 42,231 SF (LOT #4H - NOT A RESTRICTION). 7. THE MAXIMUM ALLOWABLE BUILDING HEIGHT IS 60 FEET, AND IS SUBJECT TO THE MASSING GUIDELINES SET FORTH IN SECTION VI. C.2.A. OF THE 'TANGERINE COMMERCE PARK SPECIFIC PLAN': 8. BUILDING SETBACKS PER THE SPECIFIC PLAN 'Y' TANGERINE COMMERCE PARK, FOR COMMERCE PARK LAND USE, AS MEASURED FROM MAJOR ARTERIAL ROADS: FRONT = 30 ; SIDE = 20 , REAR = 30'. OTHER SETBACKS WITHIN THE COMMERCE PARK LAND USE AREA ARE TO BE DETERMINED BASED ON APPLICABLE CODE REQUIREMENTS. 9. NO FURTHER LOT SPLITTING SHALL BE DONE WITHOUT THE WRITTEN APPROVAL OF THE TOWN OF MARANA. 10. APPROVAL OF THIS PLAT DOES NOT AFFIRM, CERTIFY OR APPROVE ANY LAND DIVISION THAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OF, OR COMPLIANCE WITH, ANY DEED RESTRICTIONS OR EASEMENTS. 11, THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO THE FORM, LINE AND FUNCTION OF ALL PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE STRUCTURES BEFORE THE RELEASE OF ASSURANCES. 12. ALL NEW AND EXISTING UTILITIES EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 48 KV OR GREATER, AND THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTURE ELECTRICAL TRANSMISSION CORRIDORS, WITHIN OR CONTIGUOUS TO THE SITE, SHALL BE PLACED UNDERGROUND. 13. THIS SUBDIVISION IS LOCATED WITHIN THE TOWN OF MARANA WATER SERVICE AREA, WHICH HAS BEEN DESIGNATED AS HAVING AN ASSURED WATER SUPPLY UNDER A.R.S. SECTION 45-576. 14. THE CORTARO-MARANA IRRIGATION DISTRICT AND CORTARO WATER USERS' ASSOCIATION ("CMID/CWUA'), ITS SUCCESSORS, ASSIGNS AND AGENTS, SHALL BE HELD HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF THE PROPERTY DEPICTED ON THIS PLAT NOW AND IN THE FUTURE, BY REASON OF IRRIGATION FACILITY LEAKAGE, OVERTOPPING OR FAILURES. 15. INSTALLATION OF ITEMS SUCH AS LANDSCAPING, IRRIGATION, SIGNAGE, MONUMENTS, WALLS AND DRAINAGE IMPROVEMENTS IN THE PUBLIC RIGHTS -OF -WAY SHALL REQUIRE A PERPETUAL LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND INDEMNIFICATION. THE LICENSE AGREEMENT SHALL BE EXECUTED AND APPROVED BY THE TOWN OF MARANA PRIOR TO APPROVAL OF THE CLOSEOUT PACKAGE FOR THIS PROJECT. RECORDING DATA STATE OF ARIZONA S.S. COUNTY OF PIMA FEE ------- SEQUENCE NO. THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST OF BAKER AND ASSOCIATES ENGINEERING, INC., ON THIS ______ DAY OF ---------------- 20-------- AT ----- M. IN SEQUENCE NO. --------------------- THEREOF. GABRIELLA CAZARES-KELLY, PIMA COUNTY RECORDER DEPUTY COUNTY RECORDER ASSURANCES DATE ASSURANCE IN THE FORM OF A THIRD PARTY TRUST AGREEMENT FROM LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, L.L.C., TRUST NO. 2402, AS RECORDED IN SEQUENCE N0. ---------- IN THE OFFICE OF THE RECORDER OF PIMA COUNTY, ARIZONA HAVE BEEN PROVIDED TO GUARANTEE INSTALLATION OF REQUIRED STREET, SEWER, ELECTRIC, GAS, AND WATER UTILITIES, DRAINAGE, FLOOD CONTROL AND OTHER SUBDIVISION IMPROVEMENTS MEETING ESTABLISHED MINIMUM STANDARDS OF DESIGN AND CONSTRUCTION. BY: TOWN OF MARANA DATE CERTIFICATIONS I HEREBY CERTIFY THAT THE BOUNDARY SURVEY AS SHOWN ON THIS PLAT WAS PERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING OR PROPOSED SURVEY MONUMENTS AND MARKERS SHOWN ARE CORRECTLY DESCRIBED. N BRIAN J. LIVERNOIS ONPOINT SURVEYING, P. L. L. C. REGISTERED LAND SURVEYOR NO. 58324 STATE OF ARIZONA I HEREBY CERTIFY THAT THE INTERIOR SUBDIVISION GEOMETRY FOR THIS PLAT WAS REVIEWED AND SHOWN UNDER MY SUPERVISION. WILLIAM H. BAKER, JR. BAKER & ASSOCIATES ENGINEERING, INC. REGISTERED LAND SURVEYOR NO. 16784 STATE OF ARIZONA TOWN OF MARANA APPROVALS gNc��i'VF TANGERINE/1-10 — SEQ. J20210990141 TANGERINE/I-10 SEQ. #20231590263 THIS PROJECT TANGERINE/1-10 SEQ. 120210990141 WE 0 RILLITO VILLAGE / TRAIL > TANGERINE/I-10 SEQ. J20221610285 —TANGELO PARK PLACE 3" = 1 MILE SEC. 1, T 12S, R 11 E I SEC. 6, T 12S, R 12E LOCATION PLAN BEING A PORTION OF SECTION 1, T 12S, RI 1E AND SECTION 6, T 12S, R 12E G&SR&M, TOWN OF MARANA, PIMA COUNTY, ARIZONA BY------------------------------ P.E.- ---------------------- LEGEND MARANA TOWN ENGINEER/DEVELOPMENT ENGINEER DATE SUBDIVISION BOUNDARY BY --------- -------------- ------------ ---------------------- - — — — — - SECTION LINE MARANA PLANNING MANAGER DATE • FOUND 1/2" REBAR "RLS 58324" UNLESS OTHERWISE NOTED o FOUND SURVEY MONUMENT (CENTERLINE) 3" TOWN OF MARANA BRASS CAP WITH PUNCH ONLY ASSURED WATER SUPPLY ® SURVEY MONUMENT (CENTERLINE) TO BE SET BY A REGISTERED LAND SURVEYOR A CERTIFICATION OF ASSURED WATER SUPPLY HAS BEEN RECEIVED FROM THE DIRECTOR OF WATER RESOURCES. OR �� 1/2" REBAR TO BE SET BY A REGISTERED LAND SURVEYOR BY: -------------------------------------- ---------------------- C5 CURVE DATA (SEE TABLE, SHEET J2) MARANA WATER DIRECTOR DATE L 10 LINE DATA (SEE TABLE, SHEET #2) — — — EXISTING RIGHT-OF-WAY LINE MARANA TOWN COUNCIL CERTIFICATION - STREET CENTERLINE I, ------------------------------- CLERK OF THE TOWN OF MARANA, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE TOWN COUNCIL OF THE TOWN OF MARANA ON THE DAY OF CLERK OF THE TOWN OF MARANA 3" ALUMINUM CAP NE CORNER SEC 1 AND NW CORNER SEC 6 STAMPED PSOMAS S36/S31 S1/S6 R11E, R12E, T12S, RLS 18657 DATE z o: NI V -A W. TANGERINE ROAD Q N. � o : ITL^1 nM�C�G�30(n`9C�/D�fIO LOT 440 � ao I ��O�f100�Of141f1 L0T 44L^a I LOT 4E 0` 2 I I I C3LOoC K W 3® LOT 4F RN BLOCK mc. LL� � LOT 4G I LOST 4G I C 2 o dm� ��1In�1C�CG�3�nMC/��f10 LOT 4D BLOCK LOT 4H �0�3fI�g0263 4 -- 22.35' S89°28'60"W BASIS OF BEARING/DETAIL E 1/4 CORNER SEC 1 W 1/4 CORNER SEC 6 1� GLO STONE WITH C� SCRIBED "X" THE BASIS OF BEARING IS THE EAST LINE OF THE NE 1/4 OF SECTION 1, T-12-S, R-11-E, G.&S.R.M. ACCORDING TO THE FINAL PLAT FOR TANGERINE/I-10 LOTS 1-10, PARCEL A, SEQUENCE NUMBER 20210990141, PIMA COUNTY, ARIZONA, THE BEARING OF SAID LINE IS NORTH 00°27'14" WEST. EASEMENT LINE AS SHOWN (SEE ALSO NEW EASEMENT KEYNOTE, SHEET #2) P/L BOUNDARY/PROPERTY LINE SHEET INDEX SHEET #1 COVER SHEET, NOTES, BASIS OF BEARING DETAIL SHEET #2 FINAL PLAT PLAN SHEET ADMINISTRATIVE ADDRESS 9535 W TANGERINE RD, MARANA, AZ 85653 AMENDED FINAL PLAT for TANGERINE/1-10, LOTS 4D-4H AND BLOCK 74v BEING A RESUBDI VI SION OF BLOCK " 1 " AS RECORDED IN THE AMENDED FINAL PLAT FOR TANGERINE/1-10, LOTS 3A-3D, LOTS 4A-4C AND BLOCKS 1-3, SEQ. #20231590263, BEING A PORTION OF SECTION 1, T 12S, R 1 1 E, AND SECTION 6, T 12S, R 12E, G&SRB&M, TOWN OF MARANA, PIMA COUNTY, ARIZONA i Baker & Associates Engineering, Inc. 3561 E. Sunrise Drive, Suite #225 Tucson, Arizona 85718 (520) 318-1950 Fax (520) 318-1930 #PRV2402-003 REF.: #PRV2303-001; #PRV2111-003; JOB #2609 DATE: 4/25/2024 SHEET 1 OF 2 PRV2012-002 W U Z W Z) 0 W CO SEQUENCE # Marana Town Council Regular Meeting Agenda Packet Page 61 of 561 May 21, 2024 N60/0' , QQ, S9� \ !y D=45 35 19 R=930.00 L=739.97' re W 7ANQER1NE ROAD EX. PUBLIC RIW PER DKr 1288715258, M&P 58125 AMENDED FINAL PLAT - TANGERINE/1-10, I LOTS 3A-3®, LOTS 4A-4C, BLOCKS '1', '2' AN® '0' _SEQ 020281590260 I (ZONE.- SP, USE: VACANT) I ` c I � _ LOT 4B I� � I BLOCK ,B, S00° '00"E . 03' EX. ACCESS ESMT. PER N89°28'00"E SEQ. J202JI59026J 32.00' (OFFSITE) C/) (7 0 N 0 0 m � cn v LET ='C I)C12 C8 I i ' I I I I v I � / v I I LOT 4E I 34, 046 SF I I i L3 - SCALE. 1 - 50 Q' 2 \ I C1 C0 C9 �o SECTIONLINE/ \ 2 \ BASIS OF BEARING 9 \ LOT B (SEE DETAIL - \ SHEET # 1) o ry o \ Ilk- o G ,00 0 � 6' �'r� o\ I D=74°09'42" <0�� _o o^ NN R=510.00 LOT 4F LOT 4G �� \ �y� \ L=660.13' 35,102 SF 37, 918 SF L4 10,.37, N79°49,47,91 40.90' - N89°28'00"E 165.52' -- _ _ 80.90' 135.74' S89°28'00"W N89°28'00"E 30.65' 0 LOT 4D 0 o BLOCK "4" 26,925 SF m 16,334 SF AMENDED FINAL PLAT - TANGERN'E i 10 LOT 3 5 & BLOCK w #20221610285 VONE: SP, USE: VACANT) 211.16' 135.74' S89°28'00"W 621.11' LOT EASEMENT KEYNOTES EX. VARYING WIDTH (MINIMUM 35') PUBLIC WATER AND PUBLIC SEWER EASEMENT GRANTED PER SEQ. 2023159026J © EX. PUBLIC U.S. DEPT. OF INTERIOR/BUREAU OF RECLAMATION EASEMENT (R.O. W.) PER DKT. 880111257 (CENTRAL ARIZONA PROJECT) © EX. 32' COMMON ACCESS DRIVE GRANTED PER SUPPLEMENTARY DECLARATION RECORDED AT SEQ. NO. 20240810594 AND NEW 32' PUBLIC UTILITY EASEMENT GRANTED BY THIS PLAT p0 NEW 25' PUBLIC SEWER EASEMENT GRANTED BY THIS PLAT LOT 6 — N89°28 00 E 101.93 — 91.71' cn � o w LOT 4H g \ 0 o 42,231 SF RADIAL BEARING S27° 10'05 "W r 274.21' AMENDED FINAL PEAT - TANGERINEII-10 i LOTS 3-5 & BLOCK 1 SEQ #20221610285 V E: SIB; USE: VACANT) � FOR INTERIOR GEOMETRY ONLY n NUMBER DELTA ANGLE RADIUS ARC LENGTH C 1 19°02'37" 1055.00 350.65 C2 79°39'47" 35.00 48.66 C3 39°5428" 540.00 376.12 C4 42°13'34" 40.00 29.48 C5 41 °30'54" 82.00 59.42 C6 21 °5528" 540.00 206.63 C7 17°59'00" 540.00 169.49 C8 08°07'49" 1055.00 149.71 C9 07°20'36" 1055.00 135.22 C 10 03*34' 12 " 1055.00 65.73 C 11 01 °23' 12 1055.00 25.53 C 12 01 *22' 18 1055.00 25.25 CURVE TABLE NUMBER DIRECTION DISTANCE L 1 S00°32'00 "E 16.00' L2 S 12°29'50 "W 205.37' L3 SO4° 1 6'43"W 16.06' L4 N79°49'47"W 22.72' L5 SO4° 1 6'43"W 16.84' L6 N 12°29'50 "E 207.14' LINE TABLE AMENDED FINAL PLAT for TANGERINE/1-10, LOTS 4D-4H AND BLOCK 740 BEING A RESUBDIVISION OF BLOCK "1 " AS RECORDED IN THE AMENDED FINAL PLAT FOR TANGERINE/1-10, LOTS 3A-3D, LOTS 4A-4C AND BLOCKS 1-3, SEQ. #20231590263, BEING A PORTION OF SECTION 1, T12S, R1 1 E, AND SECTION 6, T12S, R12E, G&SRB&M, TOWN OF MARANA, PIMA COUNTY, ARIZONA Baker & Associates Engineering, Inc. 3561 E. Sunrise Drive, Suite #225 Tucson, Arizona 85718 (520) 318-1950 Fax (520) 318-1930 #PRV2402-003 REF.: #PRV2303-001; #PRV2111-003; JOB #2609 DATE: 4/25/2024 SHEET 2 OF 2 PRV2012-002 W U Z W 0 W co SEQUENCE # Marana Town Council Regular Meeting Agenda Packet Page 62 of 561 May 21, 2024 I PA ;�� m� mm \0��y uiiiu -- 0 If,(, U.1 A . f[I 6% It VIM iC b �7 7- -1-;- 00 W TANGERINE RD SANTA CRUZ RIVER lip '7 NIS RD 4 4 IL tiff-, TOWN OF r - ::, _ . :'• 1 �_ MARANA 4 PROJECT AREA Jr• 4! Marana Corporate Limits Project Area 6L AOL A6 K mo.e I Ir, 7,- Parcels Santa Cruz River Feet 500 250 0 250 500 By: SSR Date: 4/26/2024 %r 0 1" ae h% YVI �7 A� YN rl 14 Y 0-61 �r -7 9 L *house 0 Marana Town ouncil Regular Meeting genda Packet 9 NAn\, 91 ')r)9A 63 of 561 A MARANA Development Services / maranaplanning@maranaAZ.gov 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382-2600 / Fax (520) 382-2641 / maranaAZ.gov PROJECT APPLICATION APPLICATION TYPE 14 ❑ Annexation ❑ Development Plan ❑ Development Plan Package ❑ General Plan Amendment ❑ Rezone ❑ Minor Land Division ❑ Significant Land Use Change ❑ Conditional Use Permit ❑ Specific Plan ❑ Landscape Plan ❑ Native Plant Plan/Exception ❑ SWPP ❑ Variance ❑ Hydraulic Model ❑ Sewer Capacity Assurance ❑ Sign Program O Plat ❑ Improvement Plan 0 Report (Type): ❑ Other: rPROJECT •- • Project Name: Tangerine/1-10, Lots 4D-4H and Block "4" Description of Project: Final Plat for Commercial Development Number of Lots: 5 + (1) Block Parcel No.(s): 215-01-0370 Gross Area (Acres): 4.4 Project Address: 9583 W. Tangerine Road Ref. Project No.: Seq. No. 2.0231590263: PRV211 1-003; PRV2012-002 CONTACT•• • Owner: Tangerine/1-10 LLC Contact Name: c/o Cottonwood Properties Address: 3567 E. Sunrise Dr., Ste. 219 City: Tucson State: AZ Zip: 85718 Email: bhallinan@cottonwood properties.com Phone No.: (520) 299-8424 Applicant: Baker & Assoc. Engineering (See Below) Contact Name: Address: City: Tucson State: AZ Zip: Email: Phone No.: Consultant/Engineer: Baker & Assoc. Engineering Contact Name: Marty Magelli, P.E. Address: 3561 E. Sunrise Dr., #225 City: Tucson State: AZ Zip: 85718 Email: morty@baetucson.com Phone No.: (520) 318-1950 I hereby certify that the information set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the \ownrerltlo file this application. (If applicant is not the owner, attach written authorization from the owner.) v Applicant Name (PRINT) Signature Date FOR OFFICIAL USE ONLY Project No. Date Received Revision Date 03/29/2019 Marana Town Council Regular Meeting Agenda Packet Page 64 of 561 May 21, 2024 A6� C----* MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting Meeting Date: 05/21/2024 To: Mayor and Council Submitted For: Laine McDonald, Town Magistrate From: Trudi Shumate, Court Administrator Date: May 21, 2024 Strategic Plan Focus Area: Not Applicable 1461 Subject: Resolution No. 2024-047: Relating to Municipal Court; approving the reappointment of Dixie DeBonis as a civil traffic violation hearing officer for the Marana Municipal Court (Laine McDonald) Discussion: A.R.S. Section 28-1553 and Marana Town Code Section 5-2-3 provide that the Town Magistrate, with the approval of the Town Council, may appoint one or more hearing officers to preside over civil traffic violation cases. For a number of years, in the interests of efficiency and timely customer service, a civil traffic violation hearing officer has been appointed to assist with signing minute entries pertaining to civil traffic cases as well as signing orders amending civil traffic cases, when the judge is unavailable. To ensure consistent availability of a civil traffic violation hearing officer, Judge McDonald recommends the reappointment of Dixie DeBonis. On December 4, 2018, the Council appointed Dixie DeBonis as a civil traffic violation hearing officer for Marana Municipal Court. Ms. DeBonis had been concurrently reappointed at the same time as Judge McDonald's reappointments, from Ms. DeBonis' initial appointment through her resignation from the Town on October 29, 2021. Ms. DeBonis was rehired by the Court on March 11, 2024. Judge McDonald recommends that the Council reappoint Dixie DeBonis due to her exemplary performance in her previous role as a civil traffic violation hearing officer. Staff Recommendation: Marana Town Council Regular Meeting Agenda Packet Page 65 of 561 May 21, 2024 Staff recommends approving the reappointment of Dixie DeBonis as a civil traffic violation hearing officer for Marana Municipal Court. Suggested Motion: I move to adopt Resolution No. 2024-047 approving the reappointment of Dixie DeBonis as a civil traffic violation hearing officer for the Marana Municipal Court. Resolution No. 2024-047 Attachments Marana Town Council Regular Meeting Agenda Packet Page 66 of 561 May 21, 2024 MARANA RESOLUTION NO.2024-047 RELATING TO MUNICIPAL COURT; APPROVING THE REAPPOINTMENT OF DIXIE DEBONIS AS A CIVIL TRAFFIC VIOLATION HEARING OFFICER FOR THE MARANA MUNICIPAL COURT WHEREAS Section 5-2-3 of the Town Code provides that the Town Magistrate, with the approval of the Town Council, may appoint one or more hearing officers to preside over civil traffic violation cases; and WHEREAS Dixie DeBonis, an employee of the Marana Municipal Court, was originally appointed as a civil traffic violation hearing officer on December 4, 2018, and was continuously reappointed from that date through her resignation from Town employment on October 29, 2021; and WHEREAS Dixie DeBonis was rehired by the Marana Municipal Court on March 11, 2024; and WHEREAS the Town Magistrate wishes to reappoint Dixie DeBonis to serve as a civil traffic violation hearing officer on as -needed basis; and WHEREAS the Town Council finds that Dixie DeBonis possesses the requisite skill and character to perform as a civil traffic violation hearing officer. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the reappointment of Dixie DeBonis to serve as a civil traffic violation hearing officer on an as -needed basis, with a term effective May 22, 2024, and expiring concurrent with the Town Magistrate's term. SECTION 2. The Town Council further directs that hearing officer, Dixie DeBonis, who is a regular employee of the Town, shall receive no additional compensation as hearing officer other than regular pay and benefits as an employee of the Town. 1 Marana Resolution No. 2024-047 Marana Town Council Regular Meeting Agenda Packet Page 67 of 561 May 21, 2024 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21s' day of May, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney 2 Marana Resolution No. 2024-047 Marana Town Council Regular Meeting Agenda Packet Page 68 of 561 May 21, 2024 MARANA ESTABLISHED 1 9 7 7 Council -Regular Meeting C6 Meeting Date: 05/21/2024 To: Mayor and Council Submitted For: Libby Shelton, Deputy Town Attorney From: Libby Shelton, Deputy Town Attorney Date: May 21, 2024 Strategic Plan Focus Area: Proactive Public Services Subject: Resolution No. 2024-048: Relating to the Police Department; approving and authorizing the Mayor to execute an Intergovernmental Agreement Regarding 911 Funding between the City of Tucson, acting as the System Administrator for Pima County, and the Town of Marana addressing responsibilities regarding the 9-1-1 system and distribution of 9-1-1 Revolving Fund money; rescinding Resolution No. 2021-061 (Chief Jeff Pridgett) Discussion: The Emergency Telecommunication System Revolving Fund (the "9-1-1 Revolving Fund") is administered by the Arizona Department of Administration ("ADOA") ADOA annually enters into a grant agreement with the City of Tucson, the System Administrator for Pima County, regarding the distribution of 9-1-1 Revolving Fund money to Pima County Public Safety Answering Points ("PSAPs") as well as a GIS Support Memorandum of Understandig (the "GIS MOU"). Under the grant agreement, Tucson must have an agreement with each Pima County PSAP that addresses their respective responsibilities regarding the 9-1-1 system generally and the 9-1-1 Revolving Fund money specifically. The proposed agreement between the City of Tucson and Marana, attached as Exhibit A to the Resolution, satisfies the requirements of the grant agreement and outlines responsibilities regarding the 9-1-1 system and 9-1-1 Revolving Fund money. The term of this agreement is effective retroactively from July 1, 2023 and continues through June 30, 2028. Marana Town Council Regular Meeting Agenda Packet Page 69 of 561 May 21, 2024 This resolution also rescinds Resolution No. 2021-061, adopted by the Marana Town Council on May 4, 2021, and the 9-1-1 system agreement it approved because the previous version of the agreement was not fully executed by other parties. Financial Impact: This is a reimbursement type IGA. Budget appropriation is available in the current and in the next fiscal year. Staff Recommendation: Staff recommends approval of the Intergovernmental Agreement Regarding 911 Funding. Suggested Motion: I move to adopt Resolution No. 2024-048, approving and authorizing the Mayor to execute an Intergovernmental Agreement Regarding 911 Funding between the City of Tucson, acting as the System Administrator for Pima County, and the Town of Marana addressing responsibilities regarding the 9-1-1 system and distribution of 9-1-1 Revolving Fund money; rescinding Resolution No. 2021-061. Resolution No. 2024-048 Exhibit A to Resolution Attachments Marana Town Council Regular Meeting Agenda Packet Page 70 of 561 May 21, 2024 MARANA RESOLUTION NO.2024-048 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT REGARDING 911 FUNDING BETWEEN THE CITY OF TUCSON, ACTING AS THE SYSTEM ADMINISTRATOR FOR PIMA COUNTY, AND THE TOWN OF MARANA ADDRESSING RESPONSIBILITIES REGARDING THE 9-1-1 SYSTEM AND DISTRIBUTION OF 9-1-1 REVOLVING FUND MONEY; RESCINDING RESOLUTION NO.2021-061 WHEREAS Marana and the City of Tucson may enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-951, et seq.; and WHEREAS the Emergency Telecommunication Service Revolving Fund (the "9-1- 1 Revolving Fund") was established pursuant to A.R.S. § 41-704 and is funded through the telecommunication service excise tax established by A.R.S. § 42-5252 and the prepaid wireless telecommunications E911 excise tax established by A.R.S. § 42-5402.; and WHEREAS the 9-1-1-Revolving Fund is administered by the Arizona Department of Administration ("ADOA"); and WHEREAS the Arizona 9-1-1 Program is designed to assist Public Safety Answering Points ("PSAPs"), which are operated by regional and local governmental jurisdictions and private emergency -services companies, perform activities related to implementation and operation of their respective emergency telecommunication systems using funds from the 9-1-1 Revolving Fund; and WHEREAS to qualify for funding from the 9-1-1 Revolving Fund, the PSAPs for Pima County have established a 9-1-1 planning committee and selected a 9-1-1 System Administrator, the City of Tucson, to act as the fiscal agent for the distribution of the 9-1- 1 Revolving Fund money allocated to the various PSAPs and, with the cooperation of Pima County, manage the area's Master Street Address Guide, which is a database of street names and house number ranges that define Emergency Service Zones (ESZs) and their associated Emergency Service Numbers (ESNs) to enable proper routing of 9-1-1 calls; and WHEREAS the City of Tucson annually enters into a grant agreement with ADOA regarding the distribution of 9-1-1 Revolving Fund money and GIS Support Memorandum of Understanding (the "GIS MOU"); and WHEREAS the grant agreement requires the City of Tucson to enter an agreement with Pima County PSAPs to address their responsibilities regarding the 9-1-1 System and distribution of 9-1-1 Revolving Fund money; and 00075317.DOCX /1 Resolution No. 2024-048 1 Marana Town Council Regular Meeting Agenda Packet Page 71 of 561 May 21, 2024 WHEREAS on May 4, 2021, the Town Council adopted Resolution No. 2021-061, approving a previous version of the Pima 9-1-1 system agreement but the approved agreement was never fully executed by other parties; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into an intergovernmental agreement with the City of Tucson to address responsibilities regarding the 9-1-1 System and distribution of 9-1-1 Revolving Fund money. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Resolution No. 2021-061, adopted by the Marana Town Council on May 4, 2021, and the Pima 9-1-1 system agreement it approved are hereby rescinded. SECTION 2. The Intergovernmental Agreement between the City of Tucson, acting as the System Administrator, and the Town of Marana to address responsibilities regarding the 9-1-1 System and distribution of 9-1-1 Revolving Fund money attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 3. The Towns Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of May, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney 00075317.DOCX /1 Resolution No. 2024-048 2 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 72 of 561 Exhibit A to Marana Resolution No. 2024-048 INTERGOVERNMENTAL AGREEMENT REGARDING 911 FUNDING 1. Background and Purpose. 1.1. The Emergency Telecommunication Service Revolving Fund (the "9-1-1 Revolving Fund") was established pursuant to A.R.S. § 41-704 and is funded through the telecommunication service excise tax established by A.R.S. § 42-5252 and the prepaid wireless telecommunications E911 excise tax established by A.R.S. § 42-5402. The 9-1-1-1 Revolving Fund is administered by the Arizona Department of Administration ("ADOA"). 1.2. The Arizona 9-1-1 Program is designed to assist Public Safety Answering Points ("PSAPs"), which are operated by regional and local governmental jurisdictions and private emergency - services companies, perform activities related to implementation and operation of their respective emergency telecommunication systems using funds from the 9-1-1 Revolving Fund. 1.3. To qualify for funding from the 9-1-1 Revolving Fund, the PSAPs for a defined geographic area must establish a 9-1-1 planning committee. PSAPs in Pima County have established a planning committee as required by the 9-1-1 Regulations. 1.4. The PSAPs in Pima County that are eligible to receive funding from the 9-1-1 Revolving Fund (the "Pima PSAPs") are as follows: • Tucson 9-1-1 Emergency Communications Center —Primary PSAP • Arizona Department of Public Safety Southern Communications Center — Secondary PSAP • Marana Police Department — Primary PSAP • Oro Valley Police Department — Primary PSAP • Pima County Sheriff's Department Ajo — Primary PSAP • Pima County Sheriff's Department — Primary PSAP • Rural Metro Fire/Medical — Secondary PSAP • University of Arizona Police Department— Primary PSAP • Valley Emergency Communications Center — Secondary PSAP • Global Medical Response Maricopa — Secondary PSAP 1.5. ADOA requires one of the PSAP operators for each geographical area to act as the "System Administrator" for that area. The System Administrator acts as the fiscal agent for the distribution of the 9-1-1 Revolving Fund money allocated to the various PSAPs and, with the cooperation of Pima County, manages the area's Master Street Address Guide, which is a database of street names and house number ranges that define Emergency Service Zones (ESZs) and their associated Emergency Service Numbers (ESNs) to enable proper routing of 1 I Page Marana Town Council Regular Meeting Agenda Packet Page 73 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 9-1-1 calls. 1.6. The Pima PSAPs have selected the City of Tucson, an Arizona municipal corporation and the operator of the largest Pima PSAP ("Tucson"), to act as the System Administrator for the Pima County area. In that role, Tucson annually enters into a grant agreement with ADOA regarding the distribution of 9-1-1 Revolving Fund money for the Pima PSAPs (the "Grant Agreement") as well as a GIS Support Memorandum of Understanding (the "GIS MOU"). 1.7. Under the Grant Agreement, ADOA disburses monies from the 9-1-1 Revolving Fund to Tucson to pay Arizona 9-1-1 Grant Program budgeted expenses for the Pima PSAPs. 1.8. The Grant Agreement requires Tucson to have an "MOU" with each Pima PSAP. Tucson and the Town of Marana, an Arizona municipal corporation ("PSAP Operator") are entering into this Agreement to satisfy this requirement and define their respective responsibilities regarding the 9-1-1 system generally and the 9-1-1 Revolving Fund money specifically. If PSAP Operator is a public entity, this Agreement is also an intergovernmental agreement under A.R.S. § 11- 951. 1.9. The City of Tucson Mayor and Council have authorized the Director of the City's Public Safety Communications Department to execute this Agreement on the City's behalf. 2. Effective Date and Duration. Regardless of when this Agreement is executed by the parties, it will be deemed for all purposes to have been effective as of July 1, 2023 and will continue in effect through and including June 30, 2028. 3. Termination. 3.1. Voluntary Termination by PSAP Operator. To the extent permitted by law, the PSAP Operator may terminate this Agreement at any time, with or without cause, upon 60 days' prior written notice to Tucson. 3.2. If Tucson Ceases Being System Administrator. This Agreement will automatically terminate if Tucson ceases to serve in the capacity of Pima 9-1-1 System Administrator. If that occurs, Tucson will fully cooperate in transitioning the System Administrator duties to the new System Administrator. 3.3. If the PSAP Operator is No Longer in the Pima 9-1-1. This Agreement will automatically terminate if the PSAP Operator ceases to function as a PSAP or chooses to terminate participation in the Pima 9-1-1 planning committee. 3.4. Cooperation in Event of Termination. In the event of termination or cancellation of this Agreement, the Parties will cooperate to avoid any interruption of 9-1-1 services to the maximum extent possible. 4. Grant Agreement. A copy of the current Grant Agreement between Tucson and ADOA is attached to this Agreement as Exhibit A. A copy of the current GIS MOU is attached as Exhibit B. When the terms "Grant Agreement," and "GIS MOU" are used in this Agreement, they mean the then -current versions of those documents. Tucson will provide the PSAP Operator a copy of each annual Grant Agreement and GIS MOU, and any other agreement entered into by Tucson in its role as System Administrator, after it has been approved and executed by Tucson. 2 1 P a g e Marana Town Council Regular Meeting Agenda Packet Page 74 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 5. General Obligations. Each Party will comply with its responsibilities under this Agreement, the Grant Agreement, any other agreement entered into by Tucson in its role as System Administrator, and any applicable regulations or guidance from ADOA. 5.1. System Administrator. Tucson will act as the System Administrator for the Pima 9-1-1 area and will comply with all the terms and conditions of the Grant Agreement and any other agreement entered into in its role as System Administrator. The PSAP Operator acknowledges and agrees that Tucson's obligations under this Agreement to pay expenses of the PSAP Operator are contingent on the receipt of funding from ADOA under the Grant Agreement. 5.2. Procedures. The PSAP Operator will comply with specific procedures promulgated by Tucson for activities under this Agreement and will cooperate fully with Tucson to assist Tucson in fulfilling its responsibilities under the Grant Agreement and implementing any ADOA requirements. 5.3. Communications. Tucson and the PSAP Operator will maintain open communication with one another regarding matters under this Agreement. 5.4. Familiarity with Obligations. Tucson and the PSAP Operator will thoroughly review each Grant Agreement, any other agreement entered into by Tucson in its role as System Administrator, and any applicable ADOA rules or guidance, in order to understand and execute its responsibilities under this Agreement. Specifically, the PSAP Operator certifies that it meets all the funding eligibility criteria listed in the Grant Agreement and any ADOA rule or guidance and it hereby authorizes Tucson to act on its behalf as the System Administrator. 5.5. Contact Information. The PSAP Operator will provide to Tucson the name and contact information for the individual designated to act on its behalf with respect to planning committee and under this Agreement. 6. Service Plans and Budgets.. The PSAP Operator will submit an annual Service Plan to ADOA in compliance with ADOA rules and guidance in order to be eligible for funding and will simultaneously provide a copy of the Service Plan to Tucson. The PSAP Operator will also assist Tucson with preparation of the Pima 9-1-1 budget that Tucson annually submits to ADOA on behalf of all Pima PSAPs. 7. Payment Requests and Payments. 7.1. Contracts. The PSAP Operator will promptly provide to Tucson a copy of any 9-1-1 system contract that will be paid by Tucson under this Agreement, together with any related supporting documentation or information. Electronic forwarding is preferred in order to expedite processing. 7.2. Invoices. The PSAP Operator will arrange for each of its vendors to send a copy of each invoice to Tucson as well and will review each invoice for accuracy and budget compliance. The PSAP Operator will promptly notify Tucson if it finds any inaccuracy or other problem with an invoice and will provide online billing and portal access to invoices when applicable. The PSAP Operator acknowledges that invoices must be submitted in a timely manner for payment under the Grant Agreement and that Tucson may reject any invoice that is not timely submitted. 3 1 P a g e Marana Town Council Regular Meeting Agenda Packet Page 75 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 7.3. Payments and Reimbursement Requests. Tucson will timely pay each timely submitted invoice, subject to correction of any defects identified by Tucson or the PSAP Operator and will submit reimbursement requests to ADOA under the Grant Agreement. At the request of the PSAP Operator, Tucson will provide it with bill -payment documentation regarding invoices submitted on its behalf. 7.4. Reimbursement. If ADOA does not reimburse Tucson for any invoice paid by Tucson under this Agreement, the PSAP Operator will reimburse Tucson for the expenditure upon demand. If ADOA reimburses Tucson but later determines that the particular expenditure was not allowable or that the PSAP Operator is no longer an eligible funding recipient, the PSAP Operator will promptly return the funds provided, either to Tucson or directly to ADOA. 8. Reporting and Data Sharing. The PSAP Operator will provide Tucson with, or provide direct access to, all information and reports, including GIS data, that Tucson needs, in a timely manner, so that Tucson can comply with its record -keeping and reporting requirements under the Grant Agreement and any other agreement entered into by Tucson in its role as System Administrator. 9. Indemnification and Joint Defense. To the maximum extent permitted by law, each Party (as "Indemnitor") agrees to indemnify, defend and hold harmless each of the other Parties and its officers, officials, agents, employees, and volunteers (each, an "Indemnitee"), from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) suffered or incurred by the Indemnitee as a result of the negligent or wrongful acts or omissions of the Indemnitor, its officers, officials, agents, employees, or volunteers or as a result of the Indemnitor violating the Grant Agreement (including any warranty or certification made by it or made on its behalf) or any other agreement entered into by Tucson as the System Administrator. If a Party receives a third -party claim that is subject to this section, the Parties involved will meet expeditiously to discuss defense of the claim, including proportionate liability and proportionate payment of litigation fees, expenses and damages. The obligations under this section will survive the termination of this Agreement. 10. General. 10.1. Notice. Any notice, consent or other communication ("Notice") required or permitted under this Agreement must be in writing and either delivered in person, by email, deposited in the United States mail, return receipt requested, or deposited with any commercial air courier or express service, addressed to the recipient as follows, or as otherwise directed by the Party in writing: Tucson: Public Safety Communications Department ATTN: 911 Administrator 4004 S Park Ave Bldg #2 Tucson, AZ 85714 WI contactpscdktucsonaz. gov PSAP Operator: contract information in the PSAP Operator's then -current service plan. 10.2. Amendment. This Agreement may be amended only by a written document executed by a 4 1 P a g e Marana Town Council Regular Meeting Agenda Packet Page 76 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 duly authorized representative of each of the Parties. 10.3. Third Parties. This Agreement is entered into for the sole and exclusive benefit of the Parties, and no other person shall claim any implied right, benefit or interest in this Agreement. The Parties do not intend to create rights in or remedies to any third party as a beneficiary of this Agreement. 10.4. Compliance with Applicable Laws. Each Party will comply with all applicable laws, statutes, ordinances, executive orders, rules, will, standards, and codes of federal and state governments whether or not specifically referred to in this Agreement. 10.5. Conflict of Interest. This Agreement is subject to cancellation for conflicts of interest under A.R.S. § 38-511. 10.6. Waiver. The waiver by either Party of any breach of any term, covenant or condition of this Agreement is not a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition of this Agreement. 10.7. Force Majeure. Neither Party will be in default in the performance of any obligations under this Agreement (other than obligations of a Party to pay costs and expenses) if failure of performance is due to an uncontrollable event. The term "uncontrollable event" means any cause beyond the control of the Party affected, including but not limited to flood, earthquake, storm, fire, epidemic, war, riot, civil disturbance or disobedience, labor dispute, and action or non -action by or failure to obtain the necessary authorizations or approvals from any governmental agency or authority or the electorate, labor or material shortage, sabotage and restraint by court order or public authority, that by exercise of due diligence and foresight the Party reasonably could not have been expected to avoid and that by exercise of due diligence it will be unable to overcome. A Party that is rendered unable to fulfill any obligation by reason of an uncontrollable event will exercise due diligence to remove such inability with all reasonable dispatch. 10.8. Assignment. Neither Party may assign its rights or obligations under this Agreement to another entity. 10.9. Entire Agreement. This Agreement, together with its exhibits and the annual Grant Agreements and other agreements entered into by Tucson in its role as System Administrator, represents the entire Agreement between the Parties and supersedes all prior negotiations, representations, or Agreements, either expressed or implied, written or oral. 10.10. Governing Law; Venue. This Agreement is governed by the laws of the State of Arizona. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement must be instituted only in a court of proper jurisdiction in Pima County, Arizona. 10.11. Severability. If any term or provision of this Agreement is determined to be illegal or unenforceable, the validity of the remaining provisions will not be affected. 10.12. Headings. Section headings are inserted in this Agreement solely for convenience and the section headings do not by themselves modify the meaning of any provision of this Agreement. 5 1 P a g e Marana Town Council Regular Meeting Agenda Packet Page 77 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 10.13. Counterparts. This Agreement may be signed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument. 10.14. Compliance with Civil Rights. The Parties will comply with A.RS. Title 41, Chapter 9 (Civil Rights), Arizona Executive Orders 75-5 and 99-4 and any other federal or state laws relating to equal opportunity and non-discrimination, including the Americans with Disabilities Act. 10.15. Joint Venture. Nothing in this Agreement creates any partnership, joint venture or employment relationship among the Parties or creates any employer -employee relationship between a Party and the employees of any other Party. 10.16. Supervision. No employee, agent, or servant of a Party is, by virtue of this Agreement, an employee, agent or servant of the other Party. Each Party will be solely and entirely responsible for its acts and the acts of its employees, agents, servants, subcontractors, and volunteers during the performance of this Agreement. Each Party will have total responsibility for all salaries, wages, bonuses, retirement withholdings, workers' compensation, occupational disease compensation, unemployment compensation, other employment compensation, other employee benefits, and all employer's taxes and premiums concerning the persons who are supplied by that Party in the performance of this Agreement, and each Party agrees to hold the other Party harmless from any liability thereof. 10.17. E-Verify. To the extent applicable under A.R.S. §§ 41-4401 and 23-214, the Parties represent and warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements of A.R.S. § 23- 214(A). Breach of the above -mentioned warranty will be deemed a material breach of the Agreement that could result in its termination. 10.18. Workers' Compensation. Each Party will comply with the notice requirements of A.R.S.§ 23-1022(E). For purposes of A.R.S. § 23-1022, each Party is the primary employer of all personnel currently or hereafter employed by that Party and that Party has sole responsibility for the payment of Workers' Compensation benefits or other fringe benefits of said employees. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 6 1 P a g e Marana Town Council Regular Meeting Agenda Packet Page 78 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 Town of Marana, an Arizona municipal CITY OF TUCSON corporation. Ed Honea, Mayor Date ATTEST Communications Department Director ATTEST David L. Udall, Town Clerk City Clerk Date APPROVED AS TO CONTENT Chief Jeffrey Pridgett, Marana Police Department Date 7 1 P a g e Marana Town Council Regular Meeting Agenda Packet Page 79 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the Town of Marana and the City of Tucson has been reviewed by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party he or she represents. APPROVED AS TO FORM AND LEGAL CITY OF TUCSON: AUTHORITY Jane Fairall, Town Attorney City Attorney Date 8 1 P a g e Marana Town Council Regular Meeting Agenda Packet Page 80 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 EXHIBIT A TO IGA ARIZONA DEPARTMENT OF ADMINISTRATION ARIZONA 9-1-1 PROGRAM GRANT AGREEMENT Grant Number: ADOA-AZ911-24-17 This Grant Agreement ("Agreement") dated as of July 1 st, 2023 is between the City of Tucson/Pima County 911, acting as System Administrator, ("Grantee"), and the State of Arizona, acting through the Arizona Department of Administration ("ADOA" or "Administrator"), (Grantee and ADOA sometimes, individually, a "Party," or collectively, "Parties"). The Grantee is applying for the Public Safety Answering Points (PSAPs) in its service area as outlined in its current Service Plan as filed with ADOA. Grantees must submit copies of executed Memorandum of Understandings (MOUs) between each PSAP in its Service Plan and the System Administrator. AUTHORIZATION; BACKGROUND A.R.S § 41-704 authorizes the Arizona Department of Administration to administer the emergency telecommunication services revolving fund ("Fund") in accordance with A.R.S. 11-951; 1 1-952 and 41-101.01. The Arizona 9-1-1 Program ("Program") managed by the Arizona Strategic Enterprise Technology (ASET) division of ADOA, is designed to assist Public Safety Answering Points (PSAPs), in collaboration with regional and local jurisdictions, to perform activities related to implementation and operation of their respective emergency telecommunication systems. PURPOSE OF THE AGREEMENT The purpose of this Agreement is the distribution and administration of funding per A.R.S § 41-704. ADOA guidelines support the use of the Fund in accordance with the ARS § 41-704 for activities such as: Adoption and operation of Next Generation 9-1-1 (NG9-1-1) services and applications, including monthly recurring costs for 9-1-1 equipment, network, maintenance, and hardware and software support. The National Emergency Number Association (NENA) defines NG9-1-1 as: an Internet Protocol ([P) based system comprising managed Emergency services IP networks (ES[nets), functional elements (applications), and databases that replicate traditional E9-1-1 features and functions and provide additional capabilities. NG9-1-1 is designed to provide access to emergency services from all connected communications sources, and provide multimedia data capabilities for PSAPs and other emergency services organizations. Facilitation of the migration of the State's PSAPs to the NG9-1-1 capabilities - Migration to an ESINet Establishment of IP-backbone networks, connectivity, and application layer software infrastructure needed to interconnect the multitude of emergency response organizations statewide Implementation of solutions that meet or exceed the NENA, Federal Communications Commission (FCC), international, and industry standards or requirements. TERM, EFFECTIVE DATE AMENDMENT, AND TERMINATION This Agreement and the Period of Performance will be effective on July 1, 2023 and terminate on June 30, 2024, unless extended or terminated. This Agreement expires at the end of the Period of Performance unless prior written approval for an extension has been obtained by the Grantee from ADOA, subject to termination (Section 5.2). A request for an extension must be received by ADOA, sixty (60) days prior to the end of the Period of Performance. ADOA, in its sole discretion, may approve an extension to further the goals and objectives of the Program, and determine the length of any such extension. Only critical amendments will be considered by ADOA and such amendments will only be entered into in writing and in the sole discretion of ADOA. Any requested Marana Town Council Regular Meeting Agenda Packet Page 81 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 change, modification, or extension of this Agreement must be submitted through ADONs online grant management system, eCivis, and approved by ADOA. GRANTEE REPRESENTATIONS 1. Grantee represents, as a condition to the Grant Award that the following representations are true and understands that ADOA has relied upon these representations in its Award decision: 1.1 Grantee understands that for a PSAP to be eligible for funding through its System Administrator it must meet the following Criteria: 1.1.1 Monitor the 9-1-1 service system level of service to ensure that the standards in Arizona Administrative Code Section R2-1-407 are met. Once each fiscal year, the PSAP manager shall obtain a report regarding the 9-1-1 level of service from the Originating Service Provider in the local exchange area. If the report provided by the Originating Service Provider indicates that the required service level is not being met, the PSAP manager shall: i. Request the telephone company to prepare plans, specifications, and cost estimates to raise the level of service to that required in R2-1-407. ii. Notify the Assistant Director under R2-1-406 if, based on information provided by the telephone company, modifications to the system are necessary. 1.1.2 Provide service to all callers within its service area 24 hours each day, 7 days a week. To qualify as a primary or secondary PSAP, the PSAP must receive a minimum of three hundred (300) 9-1-1 emergency calls per month per Arizona Administrative Code Section R2-1-408. i. If a PSAP does not receive a minimum of three hundred (300) 9-1-1 emergency calls per month, the System Administrator must submit a letter of justification explaining why the PSAP should qualify for funding. The letter of justification will be approved or disapproved in the sole discretion of the State 9-1-1 Office. 1.1.3 Refer all calls entering the 9-1-1 service system that do not require a public or private safety response unit to be dispatched to a non-9-1-1 telephone number. 1.1.4 Designate a telephone number other than 9-1-1 as a backup number in case the 9-1-1 service system fails. The designated alternate telephone number shall be published in the public telephone directory by the local public safety agency. 1.1.5 Develop and maintain a system for recording 9-1-1 calls received by the PSAP. The records shall be retained for at least 31 days from the date of the call and shall include the following information: a. Date and time the call is received b. Nature of the problem c. Action taken by the dispatcher 1.1.6 Provide a current and valid GIS Support Memorandum of Understanding (MOU) with the Arizona State 9-1-1 Program to ensure that there is the ability to geospatially route calls. 1.2 Grantee represents that it has exercised its due diligence to determine that the statements in Section 1.1 are true and accurate for each PSAP that is subject to this Grant Agreement. Marana Town Council Regular Meeting Agenda Packet Page 82 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 1.3 Grantee represents that it will monitor continued compliance by the PSAPs under its jurisdiction with the statements in Section 1.1 and agrees to inform ADOA in writing of any change in status during the term of the Period of Performance and that such change may result in a change in its Award for the duration of the Period of Performance. 1.4 Grantee must have signed GIS MOU with ADOA by June 30th, 2023 to ensure that GIS support services are provided to each applicant whether through direct service or a third party. 1.5 Grantee agrees to allow ADOA to deploy a data analytic tool provided by the Arizona 9-1-1 Program and work with all PSAPs within their 9-1-1 System and the Arizona 9-1-1 Program during implementation. OBLIGATIONS OF THE PARTIES 2. Responsibilities of the Grantee 2.1 Grantee agrees that Grant Funds granted to it under this Agreement will be used in accordance with the approved application, applicable statutes, program rules,and guidelines. Grantee agrees to cooperate and participate with any and all assessments, evaluation efforts or information and data collection requests, and acknowledges that ADOA has the right to obtain, reproduce, publish, or use data provided under this Award in accordance with applicable statutes, rules, and guidelines. 2.2 ADOA guidelines support the use of these Grant Funds granted under this Agreement in accordance with the ARS § 41-704 for activities as follows: 2.2.1 Equipment Necessary or appropriate equipment or service for implementing and operating emergency telecommunication services through political subdivisions of this state. Priority shall be given to establishing emergency telecommunication services in those areas of the state that are without emergency telecommunication services. See 2.2.4 below regarding any GIS related services. 2.2.2 Contractual Costs: a. Monthly recurring costs of emergency telecommunication services, including expenditures for capital, maintenance and operation purposes. b. A wireless carrier's costs associated with the provision, development, design, construction and maintenance of the wireless emergency telecommunication services in an amount that the wireless carrier has not recovered through the deduction mechanism specified in federal law. 2.2.3 Administrative Costs: ARS § 41-704, section B, subsection 2, allows Administrative Costs to be '/3 of 5% of the total Fiscal Year 2022 State 911 Revenue to be used for necessary or appropriate costs or consultant fees. Administrative funding will be allocated using the below formula: System Award x 1.67%. Grantee agrees that the following types of activities will be reimbursed only through Administrative Costs and subject to the aggregate limitation on such costs: a. Personnel. Costs associated with administrative oversight of managing local contracts and technical support. Costs associated with GIS coordinator, if it is an employee of the System Administrator's agency. b. Frine:e Benefits. Employee related expenses associated with administrative oversight of managing local contracts and/or GIS coordinator. c. Travel. Travel requests for training, conferences, etc. related to System Administrator and/or GIS coordinator functions. Travel costs will only be reimbursed based on the State rate per diem identified in SAAM 50. d. Supplies. Costs associated with supplies related to System Administration functions. Marana Town Council Regular Meeting Agenda Packet Page 83 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 Other Costs. Training or education assistance related to System Administration and/or GIS coordinator functions. 2.2.4 Special Requirements: Contractual - GIS Projects: In order to receive funding from the Arizona State 9-1-1 Program to support GIS NG9-1-1 projects, the 9-1-1 system must meet the following requirements: a. Have a current and valid GIS Support MOU (Memorandum of Understanding) with the Arizona State 9-1-1 Program, which outlines the terms and conditions for providing GIS services and support. b. Be committed to comply with all GIS requirements for geospatial call routing, which includes having accurate and up-to-date geographic data for the areas covered by the 9-1-1 system. c. Have demonstrated a need for the funding to support the implementation or maintenance of GIS capabilities. This means that the 9-1-1 system has identified specific projects or activities that require funding to improve or maintain its GIS capabilities, and has provided evidence or documentation to support the need for the funding. Priority of GIS Work: The PSAPs are responsible for doing the GIS work in the following order of priority: 1. Directly 2. Utilizing Program Staff 3. Through existing State GIS contracts regardless of finding availability. 2.2.5 Restrictions on Use of Grant Funds: Grant Funds granted under this Agreement may not be used for any other purposes than specifically specified above including, without limitation, for the following kinds of activities: 1. Costs associated with PSAP relocation, move, or remodel; 2. Back-up sites; 3. Late payment fees, unless approved in advance and in writing; 4. Equipment replacement not pre approved pursuant to the grant process; 5. Buildings, facilities, or vehicles. 2.3 Service Plans Grantees must submit a current Service Plan to ADOA. If a Service Plan is not complete, a letter requesting an extension with an estimated completion date must be submitted and approved before the Grant Award and before any financial reimbursements will be made. 2.4 Memorandum of Understanding Grantees must submit copies of executed Memorandum of Understandings (MOUs) between each System's PSAP and the System Administrator before financial reimbursements will be made. MOUs must outline the relationship between the entities to allow the System Administrator to act on behalf of the PSAP within its region. 2.5 Financial Grantee understands that Grant Funds awarded under this Agreement may not be released until Grantee is compliant with all requirements of this Agreement. Grantee agrees to pay vendors in a timely manner on behalf of the PSAPs in their jurisdictions. Late fees on invoices will not be reimbursed by ADOA. The final request for reimbursement of Grant Funds must be received by ADOA no later than forty-five (45) days after the last day of the Performance Period. All goods and services must be received or have Marana Town Council Regular Meeting Agenda Packet Page 84 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 reasonable expectations thereof and placed in service by Grantee by the expiration of the Performance Period. Grantee agrees that all encumbered Grant Funds must be expended and that goods and services must be paid within forty-five (45) days of expiration of the Performance Period. After that any unexpended Grant Funds must be remitted to ADOA. 2.6 Reporting Requirements Grantee agrees that it will submit financial reports to ADOA in a format provided by ADOA, documenting the activities supported by the Program and this Agreement and provide an assessment of the impact of these activities. In the event reports are not received on or before the indicated date(s), funding may be suspended until such time as delinquent report(s) are received. Grantee understands that financial reports are required as an accounting of expenditures for either reimbursement or ADOA-approved payment purposes. Required GIS and financial reports must be submitted according to the following schedule(s): Report Type Due Date Programmatic Reports - defined below GIS Data Quarter 1 - September 30th, 2023 Quarter 2 - December 31 st, 2023 Quarter 3 - March 31st, 2024 Quarter 4 - June 30th, 2024 Financial Reports - details below Monthly request for reimbursement I Monthly on the 25th *More frequent reports may be required for Grantees who are considered high risk as determined by the Program in its sole discretion. RESPONSIBILITIES OF THE STATE 3. It is agreed and understood that the total to be paid by ADOA under this Agreement shall not exceed $2,060,219 (Award). Once the financial reimbursement request is approved by ADOA, payment to Grantee will be completed within 10 business days. APPROVED LINE ITEM PROGRAM BUDGET Personnel $0.00 Fringe Benefits $0.00 Equipment $0.00 Contractual/Outside Services $2,026,378.00 GIS Services $0.00 Administrative Costs $33,841.00 Marana Town Council Regular Meeting Agenda Packet Page 85 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 GRANT ADMINISTRATION AND OPERATION 4.1 Records Under A.R.S. § 35-214 and § 35-215, the Grantee shall retain any and all Data and other "records" relating to the acquisition and performance of this Agreement for a period of five (5) years after the completion of the Award. 4.2 Non -Discrimination The Grantee shall comply with State Executive Orders No. 2023-01, 2009-09, and any and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act. 4.3 Audit Pursuant to A.R.S. § 35-214, at any time during the terns of this Agreement and five (5) years thereafter, the Grantee's books and records shall be subject to audit by the State and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of this Agreement. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Grantee shall produce a legible copy of any or all such records. 4.4 Facilities Inspection and Materials Testing The Grantee agrees to permit access to its facilities, and the Grantee's processes or services, at reasonable times for inspection of the facilities or materials covered under this Award. The State shall also have the right to test, at its own cost, the materials to be supplied under this Award. Neither inspection of the Grantees facilities nor materials testing shall constitute final acceptance of the materials or services. 4.5 Advertising, Publishing and Promotion of Award The Grantee shall not use, advertise or promote information concerning this Award without the prior written approval of the Administrator. 4.6 Immigration In accordance with A.R.S. § 41-4401, Grantee warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23- 214, Subsection A. Grantee shall comply with all federal, state and local immigration laws and regulations relating to the immigration status of their employees during the term of the Award. The State shall retain the right to perform random audits of Grantee records or to inspect papers of any employee thereof to ensure compliance. Should the State determine that the Grantee be found noncompliant, the State may pursue all remedies allowed by law, including, but not limited to: suspension of work, termination of the Award for default and suspension. 4.7 Personnel Grantee warrants that its personnel will perform their duties under this Agreement in a professional manner, applying the requisite skills and knowledge, consistent with industry standards, and in accordance with the requirements of the Award. 4.8 False Statements Grantee represents and warrants that all statements and information Grantee prepared and submitted in response to the Request for Grant Application or as part of the Grantee documents are current, complete, true, and accurate. If the Administrator determines that Grantee submitted an application with a false statement, or makes material misrepresentations during the performance of the Award, the Administrator may determine that Grantee has materially breached this Agreement and may void the submitted application and any resulting Agreement. Marana Town Council Regular Meeting Agenda Packet Page 86 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 TERMS AND CONDITIONS 5.1 Availability of Grant Funds for the Current State Fiscal Year Should the State Legislature enter back into session and amend A.R.S § 41-704, amend any related statute, or for any other reason, the related services will not be funded and the State may take any of the following actions: • Decrease the Award to the Grantee; • Cancel the Award; or • Cancel the Award and re -solicit. 5.2 Termination 5.2.1 The State may terminate the Agreement in whole or in part due to the failure of the System Administrator to comply with any term or condition of the Agreement, or to make satisfactory progress in performing the Agreement. The State shall provide written notice of the termination and the reasons for it to the System Administrator. Upon termination under this paragraph, all documents, data, and reports prepared by the System Administrator under the Agreement shall become the property of and be delivered to the State on demand. 5.2.2 The State may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Agreement. 5.2.3 The System Administrator shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. 5.2.4 Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior approval may constitute sufficient reason for ADOA to terminate this Agreement, revoke the grant, require the return of all unspent Grant Funds, perform an audit of expended Grant Funds, and require the return of any previously spent Grant Funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 5.3 Entire Agreement This Agreement contains the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous Agreements, understandings, and inducements, whether express or implied, oral or written. This Agreement has been arrived at by negotiation and shall not be construed for or against any Party. 5.4 Waiver The failure of either Party to insist in any one or more instances upon the full and complete performance of any of the terms and provisions of this Agreement to be performed by the other Party or to take any action permitted by this Agreement shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same or any other covenant or condition either in the past or in the future. The acceptance by either Party of sums less than may be due and owing at any time shall not be construed as an accord and satisfaction. 5.5 Governing Law The substantive laws of Arizona (without reference to any choice of law principles) shall govern the interpretation, validity, performance and enforcement of this Agreement. The Parties further agree to cooperate in all ways reasonable and necessary to comply with the applicable statutes, including amending this Agreement as needed in the future and making any refunds or payments that might be required to bring the Parties into full compliance with applicable law. 5.6 Assignment; Delegation Marana Town Council Regular Meeting Agenda Packet Page 87 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 Nothing in this Agreement is intended to create any third -party beneficiary rights; and the State and the Grantee expressly state that this Agreement does not create any third -party rights of enforcement. Except as expressly provided herein, no Party may delegate or assign its rights or responsibilities under this Agreement without prior written approval of the other Party and any purported assignment or delegation in violation of this provision shall be void. 5.7 Counterparts This Agreement may be executed in any number of counterparts, all such counterparts shall be deemed to constitute one and the same instrument, and each of said counterparts shall be deemed an original hereof. 5.8 Business Day If the last day of any time stated herein shall fall on a Saturday, Sunday, or legal holiday in the State of Arizona, then the duration of such time shall be extended so that it shall end on the next succeeding day which is not a Saturday, Sunday, or legal holiday. 5.9 Arbitration The Parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by A.RS. § 12-1518, except as may be required by other applicable statutes. 5.10 Notifications If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. All notices required or permitted under this Agreement shall be given in writing and addressed as follows: A. If to the Arizona 9-1-1 Program of ADOA: Arizona Department of Administration 100 North 15' Avenue, Suite 302 Phoenix, AZ 85007 Attention: Arizona 9-1-1 Program B. If to the Grantee: City of Tucson 4004 S Park Tucson, AZ 85714 ATTENTION: Geoffrey Kuhn Marana Town Council Regular Meeting Agenda Packet Page 88 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 IN WITNESS WHEREOF, the parties have made and executed the Agreement for the date first above written. FOR GRANTEE: ,l 10/10/2023 Authorized Signatory Date Geoffrey Kuhn, Public Safety Communications Deputy Director Printed Name and Title Date y c �,,; gj WkLwtnn 10/10/2023 :A;Kiclill signature(s) if required by poli ical subdivision Date Mike Rankin, City Attorney to • ,l• 7;DIF"5 Printed Name and Title Date FOR ARIZONA DEPARTMENT OF ADMINISTRATION: 0 7 7� 10/13/23 Arizona 9-1-1 Program Date Arizona Department of Administration 9 Marana Town Council Regular Meeting Agenda Packet Page 89 of 561 May 21, 2024 ExhibiMBMA KeNtA A. 2024-048 DEPARTMENT OF ADMINISTRATION TECHNOLOGY Arizona 9-1-1 Program Memorandum of Understanding (MOU) Geospatial Support Services for Next Generation 9-1-1 For Assistance: If you have questions about this MOU, please contact: Travis Jensen, 9-1-1 Administrator Eric Shreve, 9-1-1 Geospatial Manager travis.iensen(o)azdoa.gov eric.shreve(aDazdoa.gov Prepared March 2024 Arizona Department of Administration Marana Town Council Regular Meeting Agenda Packet Page 90 of 561 Arizona 9-1-1 Program May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 Table of Contents Section 1: Purpose 3 Section 2: Definitions 3 Section 3: Scope 6 Section 4: Obligations of the Parties 7 Section 5: Governance 7 Section 6: Policy 8 Section 7: Term; Amendments 8 Section 8: Commitment 9 Section 9: Arbitration 9 Section 10: Availability of Funds 9 Section 12: Force Majeure 10 Section 13: Confidentiality and Data Privacy 10 Section 14: Termination for Default 11 Section 15: Signatures 11 2 Marana Town Council Regular Meeting Agenda Packet Page 91 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 ARIZONA DEPARTMENT OF ADMINISTRATION ARIZONA 9-1-1 PROGRAM MEMORANDUM OF UNDERSTANDING FOR GEOGRAPHICAL INFORMATION SYSTEMS (GIS) SUPPORT SERVICES This Memorandum of Understanding (MOU) between the Arizona 9-1-1 Program (Program) managed by the Arizona Department of Administration (ADOA) and System Administrator signatory to this MOU which manages 911 systems (Systems). This MOU outlines the roles, responsibilities, and expectations of the parties in relation to the provision of GIS in support of Next Generation (NG) 9-1-1 in the State of Arizona. WHEREAS, the Arizona 9-1-1 Program and 911 systems managed by System Administrators both recognize the importance of providing GIS for communities in the State of Arizona in order to improve the efficiency and effectiveness of emergency response; and WHEREAS, ADOA has the authority to enter into this MOU in order to achieve this purpose pursuant to A.R.S. 18-104 A 15; NOW THEREFORE, the Arizona 9-1-1 Program and the System Administrator (on behalf of the 911 Systems it manages) agree to enter into this MOU in order clarify responsibilities for GIS in support of NG911 Systems for communities in Arizona. The parties agree to the terms and conditions contained in this MOU as follows: Section 1: Purpose The purpose of this MOU is to establish a relationship between the Arizona 9-1-1 Program within the Arizona Department of Administration and the System Administrator of the 911 Systems to which this MOU applies. This MOU is designed to clarify the GIS capabilities required by the System Administrator(and the PSAPs under this management) and to identify GIS support that may be available for communities in the State of Arizona. The capabilities and related support will include: - creating and maintaining accurate and up-to-date geospatial data layers - resolving ALI/TN/MSAG discrepancies - integrating GIS data including site structure address points, road centerlines, emergency service boundaries, into emergency response systems - updating Vesta Map Local - submitting geospatial data to GeoComm - helping to maintain geospatial continuity for NG9-1-1 routing The underlying goal of these arrangements are to improve the efficiency and effectiveness of emergency response in Arizona communities utilizing Next Generation (NG) 911 technology. Section 2: Definitions Definitions used in this document are listed below. Some of the technical definitions were taken from the NENA Knowledge Base Glossary - National Emergency Number Association in effect at the time of this MOU. Marana Town Council Regular Meeting Agenda Packet Page 92 of 561 May 21, 2024 3 Exhibit A to Marana Resolution No. 2024-048 Automatic Location Information (ALI) is the automatic display at the PSAP of the caller's telephone number, the address/location of the telephone and supplementary emergency services information of the location from which a call originates. Computer Aided Dispatcher (CAD) is a computer -based system, which aids PSAP Telecom municators by automating selected dispatching and record keeping activities. Emergency Call Routing Function (ECRF) Emergency Service Boundary is a functional element in NGCS (Next Generation Core Services) which is a LoST (Location -to -Service Translation) protocol server where location information (either civic address or geo-coordinates) and a Service URN serve as input to a mapping function that returns a URI used to route an emergency call toward the appropriate PSAP for the caller's location or towards a responder agency. Emergency Service IP Network (ESlnet) is a managed IP network that is used for emergency services communications, and which can be shared by all public safety agencies. It provides the IP transport infrastructure upon which independent application platforms and core services can be deployed, including, but not restricted to, those necessary for providing NG9-1-1 services. ESlnets may be constructed from a mix of dedicated and shared facilities. ESlnets may be interconnected at local, regional, state, federal, national and international levels to form an IP-based internetwork (network of networks). The term ESlnet designates the network, not the services that ride on the network. See NG9-1-1 Core Services. Geographic Information System (GIS) is a system for capturing, storing, displaying, analyzing, and managing data and associated attributes which are spatially referenced. Location Validation Function (LVF) is a functional element in an NGCS (Next Generation 9-1-1 Core Services) that is a LOST protocol server where civic location information is validated against the authoritative GIS database information. A civic address is considered valid if it can be located within the database uniquely, is suitable to provide an accurate route for an emergency call, and adequate and specific enough to direct responders to the right location. Master Street Address Guide (MSAG) is a database of street names and house number ranges within their associated communities defining Emergency Service Zones (ESZs) and their associated Emergency Service Numbers (ESNs) to enable proper routing of 9-1-1 calls. National Emergency Number Association (NENA) is referred to as The 9-1-1 Association, which is fully dedicated to the continued improvement and modernization of the 9-1-1 emergency communication system. NENA's approach includes research, standards development, training, education, certification, outreach, and advocacy through communication with stakeholders. As an ANSI -accredited Standards Developer, NENA works with 9-1-1 professionals, public policy leaders, emergency services and telecommunications industry partners, like-minded public safety associations, and more. Current NENA activities center on awareness, documentation, and implementation for Next Generation 9-1-1 (NG9-1-1) and international three -digit emergency communication systems. NENA's worldwide members join with the emergency response community in striving to protect human life, preserve property, and maintain the security of all communities. Marana Town Council Regular Meeting Agenda Packet Page 93 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 Next Generation 9-1-1 (NG9-1-1) is an IP-based system comprised of hardware, software, data, and operational policies and procedures that: (A) provides standardized interfaces from emergency call and message services to support emergency communications; (B) processes all types of emergency calls, including voice, data, and multimedia information; (C) acquires and integrates additional emergency call data useful to call routing and handling; (D) delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities; (E) supports data or video communications needs for coordinated incident response and management. Next -Generation Core Services (NGCS) is the set of services needed to process a 9-1-1 call on an ESlnet. It includes, but is not limited to, the ESRP, ECRF, LVF, BCF, Bridge, Policy Store, Logging Services, and typical IP services such as DNS and DHCP. The term NG9-1-1 Core Services includes the services and not the network on which they operate. See Emergency Services IP Network. Public Safety Answering Point (PSAP) is a physical or virtual entity where 9-1-1 calls are delivered by the 9-1-1 Service Provider. RCL (Road Centerlines) is a GIS feature that represents a centerline of a roadway. Each RCL segment has a beginning point, end point and consequently a direction of flow from beginning to end. A RCL typically has street number range information (High and Low) attributed to each segment in order to facilitate geocoding. Site Structure Address Points Any city -style address that includes a house number and a street name is considered a Civic Address. Civic Addresses include a community name that may or may not be recognized by the USPS or be MSAG valid. Civic Addresses may be used as Postal addresses if recognized by the USPS. Civic Addresses may be used as MSAG addresses if they are an exact match to the MSAG address. A rural route delivery address or FPO or APO address is not considered a Civic Address. Section 3: Scope 3.0 The Systems wishing to utilize NG911 technology provided by the State of Arizona through it's Program must perform activities related to implementing and operating of their respective emergency telecommunication system as follows: 3.01 Site Structure Address Point: creating and maintaining accurate and up-to-date site structure address points for emergency response. 3.02 Road Centerline: creating and maintaining accurate and up-to-date road centerlines for use in emergency response. 3.03 Emergency Service Boundary: creating and maintaining accurate and up-to-date emergency service boundaries for use in emergency response. Marana Town Council Regular Meeting Agenda Packet Page 94 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 3.04 Resolving ALI/TN/MSAG Discrepancies: resolving any discrepancies in the Automatic Location Information (ALI), Telecommunication Number (TN), and Master Street Address Guide (MSAG) systems that may impact NG911 call routing. 3.05 Field Verify Address Discrepancies: verifying address discrepancies and providing mobile tools such as Survey123 and ArcGIS Field Maps to verify civic locations. 3.06 Updating Vesta Map Local and Solacom Guardian: submitting geospatial data to GeoComm for inclusion in the Vesta Map Local system and updating Solacom Guardian mapping as needed. 3.07 Updating unique requirements for RapidDeploy Radius Map: updating any unique requirements for the RapidDeploy Radius Map as needed. 3.08 CAD GIS support from NG9-1-1 datasets: integrating GIS data from NG9-1-1 datasets into Computer Aided Dispatch (CAD) Systems, as needed. 3.09 Arizona Spatial Data Infrastructure (SDI): leveraging and standing up processes/workflows on Arizona Spatial Data Infrastructure (SDI), known as AZGeo, when a 9-1-1 system cannot stand up GIS Enterprise Infrastructure and leverage web -based editing tools. 3.10 1 Spatial: using 1 Spatial's reporting solution 1 Data Gateway to show data quality, quantity, and time when data was last submitted to the Program for synchronization into the Spatial Interface (SI) at least quarterly. The following data layers will be shared although additional data layers may be requested in support of the statewide initiative. • Road Centerlines • Site Structure Address Points • Emergency Service Zone and/or Emergency Service Boundaries to include PSAP, Law, Fire, and EMS • Provisioning Boundary • Parcels 3.11 Additional GIS or mapping support services: taking all actions to comply with GIS requirements for geospatial call routing, which includes having accurate and up-to-date geographic data for the areas covered by the 9-1-1 System and providing additional GIS, GIS Infrastructure, or mapping support services as needed to assure compliance regardless of funding availability. . Section 4: Obligations of the Parties 4.01 First, the System Administrators, either directly or through the PSAPs in their purview shall provide the necessary resources and support to carry out the activities outlined in Section 2 and elsewhere in this MOU. They will also provide access to relevant data and systems, collaborate with the Program and State contracted vendors, and participate in training or technical assistance to advance its capabilities. Marana Town Council Regular Meeting Agenda Packet Page 95 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 4.02 Second, the Program will provide GIS support to the System Administrator as outlined in the Scope (Section 2) of this MOU as necessary and appropriate subject to staffing and funding limitations prioritized based on the criticality of need as determined by the Program and at their sole discretion. 4.02.01 The support will include identified specific projects or activities to improve or maintain its GIS capabilities, based upon evidence or documentation to support the need. 4.02.02 If the 9-1-1 system cannot remediate the issues within a two -week window or is non - communicative, the 9-1-1 program will make the necessary changes and process the data. The updated dataset will then be provided to the 9-1-1 system to integrate into their database 4.03 Third, and to the extent necessary, the System Administrator and/or the PSAP within its jurisdiction shall engage State GIS contracted vendors under existing State contracts to close any significant gaps in their capabilities. 4.04 The System Administrator and the State 911 Program will each designate a primary point of contact for coordinating and communicating regarding the activities outlined in this MOU. 4.05 All statements in this MOU made by the System Administrator, bind all Public Safety Answering Points (PSPs) within the territory that the System Administrator covers. Any exceptions must be noted in advance in writing as an addendum to this MOU. Section 5: Governance 5.0 A.R.S. 41-704 authorizes the Arizona Department of Administration to administer the emergency telecommunication services revolving fund. The substantive laws and rules of Arizona (without reference to any choice of law principles) shall govern the interpretation, validity, performance, and enforcement of this MOU. 5.01 The Program oversees the NG9-1-1 GIS system in Arizona. 5.02 The Program has the authority to develop and maintain the NG9-1-1 GIS system 5.03 System Administrators will comply with the rules and regulations established by the Program about the NG9-1-1 GIS system including its authorized users. 5.04 The Program will determine asset ownership for the NG9-1-1 GIS system by the rules and regulations established by the Program 5.05 The Program will determine financial obligations for the NG9-1-1 GIS system in accordance with the rules and regulations established by the Program. 5.06 The Program will maintain the NG9-1-1 GIS system, including networks, equipment, techniques, and licenses. Marana Town Council Regular Meeting Agenda Packet Page 96 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 5.07 System Administrator will cooperate with the Program to maintain the NG9-1-1 GIS system and provide necessary resources and support in relation to its coverage area Section 6: Policy 6.0 It is agreed and understood by the parties that: 6.01 The Program will develop practices, procedures, methods, and standards for the Program about the NG9-1-1 GIS system. 6.02 System Administrators will follow the practices, procedures, methods, and standards established by the Program about the NG9-1-1 GIS system. 6.03 The Program will determine the authorized use of the NG9-1-1 GIS system and network by state law and the rules and regulations established by the Program. 6.06 The System Administrator shall comply with State Executive Orders No. 2023-01, 2009-09, and any and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act. Section 7: Term; Amendments 7.01 Term: This Agreement will commence on July 1, 2024, and terminate on June 30, 2027, unless otherwise extended or renewed. This agreement expires at the end of its term unless the System Administrator has obtained prior written Program approval for an extension or renewal. 7.02 Renewal: This MOU is subject to renewal every three years, coinciding with the state fiscal cycle, upon mutual written agreement of both parties. The intent to renew or any modifications to the MOU must be communicated and agreed upon in writing by both parties no later than sixty (60) days prior to the end of the current term. 7.03 Updates: The Program and the System Administrator may initiate updates or changes to this MOU as needed. Updates or changes to this MOU will be made in writing and must be agreed upon by both parties. Section 8: Commitment This MOU is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this MOU and no other understanding either oral or in writing shall be binding. The provisions of this MOU are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the MOU. The System Administrator shall not assign any right nor delegate any duty under this MOU without the prior written approval of the State. The State shall not unreasonably withhold approval. Marana Town Council Regular Meeting Agenda Packet Page 97 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 Section 9: Arbitration The parties to this MOU agree to resolve all disputes arising out of or relating to this MOU through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. § 12-1518, except as may be required by other applicable statutes (A.R.S. Title 41). Section 10: Availability of Funds 10.01 Availability of Funds for the Next State Fiscal Year. Funds may not presently be available for performance under this MOU beyond the current State Fiscal Year. No legal liability on the part of the State for any payment may arise under this MOU beyond the current State Fiscal Year until funds are made available for performance of this MOU. 10.02 Availability of Funds for the Current State Fiscal Year. Should the State Legislature enter back into session and reduce the appropriations or for any reason and the related services are not funded, the State may take any of the following actions: 10.02.1. Cancel the MOU; or 10.02.02. Cancel the MOU and re -acquire the services in another manner. Section 11: Indemnification Each party (as 'indemnitor') agrees to indemnify, defend, and hold harmless the other party (as 'indemnitee') from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as 'claims') arising out of bodily injury of any person (including death) or property damage but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. Section 12: Force Majeure Neither the System Administrator nor State shall be liable to the other nor deemed in default under this MOU if and to the extent that such party's performance of this MOU is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, lockouts, injunctions -intervention -acts, failures or refusals to act by government authority, and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. Marana Town Council Regular Meeting Agenda Packet Page 98 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 Section 13: Confidentiality and Data Privacy 13.01 This Section 13 applies to the extent the subject of this MOU includes handling of any (1) State's proprietary and sensitive data or (2) confidential or access -restricted information obtained from State or from others at State's behest. 13.02 Data Protection and Confidentiality of Information. System Administrator warrants that it will establish and maintain procedures and controls acceptable to State for ensuring that State's proprietary and sensitive data is protected from unauthorized access and information obtained from State or others in performance of its duties is not mishandled, misused, or inappropriately released or disclosed. For purposes of this paragraph, all data created in any way related to this MOU, provided to System Administrator by State, or prepared by others for State are proprietary to State, and all information by those same avenues is State's confidential information. To comply with the foregoing warrant: 13.02.01 System Administrator shall provide the State with a copy of its Disaster Recovery Plan upon request. The Disaster Recovery Plan shall outline the System Administrator's actions, with timelines, in the event of a natural disaster, cyber-attack or loss of ability to operate and perform services under this MOU. 13.02.02 System Administrator shall: (a) notify State immediately of any unauthorized access or inappropriate disclosures, whether stemming from an external data breach, internal data breach, system failure, or procedural lapse within twenty-four (24) hours of a data breach, by sending an email to the Arizona Department of Homeland Security at AZSOC(c)azdohs.gov, reporting the incident that occurred; (b) cooperate with State to identify the source or cause and respond to each unauthorized access or inappropriate disclosure; and (c) notify State promptly of any security threat that could result in unauthorized access or inappropriate disclosures; and 13.02.03 System Administrator shall not: (a) release any such data or allow it to be released or divulge any such information to anyone other than its employees or officers as needed for each person's individual performance of his or her duties under the MOU, unless State has agreed otherwise in advance and in writing; or (b) respond to any requests it receives from a third party for such data or information, and instead route all such requests to State's designated representative. 13.03 Personally Identifiable Information. Without limiting the generality of the above, System Administrator warrants that it will protect any personally identifiable information ("PII") belonging to State's employees or other contractors or members of the general public that it receives from State or otherwise acquires in its performance under the MOU. For purposes of this paragraph: 13.03.01 PII has the meaning given in the Office of Management and Budget (OMB) Memorandum M-17-12 Preparing for and Responding to a Breach of Personally Identifiable Information, January 3, 2017; and Marana Town Council Regular Meeting Agenda Packet Page 99 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-048 13.03.02 "protect" means taking measures to safeguard personally identifiable information and prevent its data breach that are functionally equivalent to those called for in that OMB Memorandum and elaborated on in the General Services Administration (GSA) Directive CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information. NOTE (1): For convenience of reference only, the OMB memorandum is available at: https://dpcid.defense.gov/Privacy/Authorities-and-Guidance/ NOTE (2): For convenience of reference only, the GSA directive is available at: https://www.gsa.gov/directive/gsa-rules-of-behavior-for-handling-personally-identifiable- information-(pii)- Section 14: Termination for Default 14.01. The State may terminate the MOU in whole or in part due to the failure of the System Administrator to comply with any term or condition of the MOU, or to make satisfactory progress in performing the MOU. The State shall provide written notice of the termination and the reasons for it to the System Administrator. Upon termination under this paragraph, all documents, data, and reports prepared by the System Administrator under the MOU shall become the property of and be delivered to the State on demand. 14.02. The State may, upon termination of this MOU, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this MOU. 14.03 The System Administrator shall continue to perform, in accordance with the requirements of the MOU, up to the date of termination, as directed in the termination notice. Section 15: Signatures All finalized attachments should be included for each party to review before signing. There should be the corresponding number of original copies of the Agreement to sign as there are parties, for each party to have a signed original for their official government record. 15.01 This Agreement is executed in duplicate originals. [State of Arizona 9-1-1 Program] [9+1 By: By:_Q� Printed Name: Printed N Title: Title: Date: Date: nistrator] ev 11,4S ,�✓ /BSc Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 100 of 561 Exhibit A to Marana Resolution No. 2024-048 Marana Town Council Regular Meeting Agenda Packet Page 101 of 561 May 21, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting C7 Meeting Date: 05/21/2024 To: Mayor and Council Submitted For: Fausto Burruel, Public Works Director From: Dan Grossman, CIP Process Analyst Date: May 21, 2024 Strategic Plan Focus Area: Not Applicable Subject: Relating to Procurement; ratifying the Town Manager's approval of a change order to the Lon Adams Rd. Reconstruction (ST068) construction contract with ISX Construction LLC in the amount of $9,272.35; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Fausto Burruel) Discussion: Marana Town Code Section 3-4-7(B) (3) provides that Town Council approval is necessary for change orders that individually or cumulatively exceed $100,000. However, Section 3-4-8(B) provides that the town manager or designee may approve change orders to public improvements contracts that exceed the authority otherwise granted by this section if the town manager reasonably determines that doing so will avoid unnecessary contractor delay claims or costs or public health or safety hazards that would otherwise occur while awaiting town council approval, provided that town council ratification occurs as soon as practicable thereafter. The budget for fiscal year 2023-2024 was adopted on 06/20/2023. The Lon Adams Rd. Reconstruction project (ST068) was properly included within the Town of Marana's FY2024 Capital Improvement Plan. Effective 10/27/2023, the Town and ISX Construction LLC entered into a construction contract in the amount of $387,438.00 to construct the Lon Adams Rd. Reconstruction Marana Town Council Regular Meeting Agenda Packet Page 102 of 561 May 21, 2024 (ST068) project. The Town has processed one previous change order to the ISX Construction LLC construction contract totaling $99,513.29 bringing the total construction contract amount to $486,951.29. During paving operations, failing areas of the roadway base were identified. To ensure that the roadway base would not fail under loading, additional extra asphalt that was placed in those failing areas. This change order is required to cover the additional costs that were incurred. The cost of these improvements is $9,272.35. This additional change order will bring the construction contract to $496,223.64. This change order was necessary to avoid unnecessary contractor delay claims. The amount of this change order, combined with the previous change order, exceeds $100,000.00. Therefore, this change order required immediate approval by the Town Manager. With an active construction contract and Contractor in place, the Town Manager exercised his authority under section 3-4-8(B) of the Town Code to authorize a change order to the contract. This item is on the agenda for the Town Council to ratify the Town Manager's action. Financial Impact: Fiscal 2024 Year: Budgeted Yes Y/N: Amount: $9,272.35 This change order will be funded with Transportation funds, GL Account # 33043000-8015-ST068. Staff Recommendation: Staff recommends ratification of the Town Manager's approval of the change order. Suggested Motion: I move to ratify the Town Manager's approval of a change order to the Lon Adams Rd. Reconstruction (ST068) construction contract with ISX Construction LLC in the amount of $9,272.35; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order. Attachments Marana Town Council Regular Meeting Agenda Packet Page 103 of 561 May 21, 2024 No files) attached. Marana Town Council Regular Meeting Agenda Packet Page 104 of 561 May 21, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting C8 Meeting Date: 05/21/2024 To: Mayor and Council From: Jane Fairall, Town Attorney Date: May 21, 2024 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2024-049: Relating to Public Works; approving and authorizing the Mayor to sign a public improvement participation agreement with Mandarina Holdings, LLC and Mandarina South, LLC for the design of certain drainage and roadway design elements as part of the Towri s Adonis Road Extension project (Jane Fairall) Discussion: Mandarina Holdings, LLC and Mandarina South, LLC (collectively, "Mandarina") are the developers of Mandarina and Mandarina South, respectively, generally located north and east of the Interstate 10 and Tangerine Road traffic interchange (the "Subject Property"). Mandarina needs certain drainage and roadway design elements for its future development of the Subject Property (the "Mandarina Adonis Road Elements"). The Town has entered into a design contract with Psomas, Inc. ("Psomas") for the design of the Adonis Road Extension Phase 2, as part of Town of Marana Project No. ST098 (the "Road Project"). Mandarina has requested that Psomas design the Mandarina Adonis Road Elements as a part of the Road Project, with Mandarina being responsible for all design costs. The proposed public improvement participation agreement ("PIPA") provides that Mandarina shall deposit with the Town the full anticipated costs of design of the Mandarina Adonis Road Elements ($21,466.00) in order for the Town to complete the Mandarina Adonis Road Elements design for Mandarina. No later than 30 days after substantial completion of design of the Mandarina Adonis Road Elements, the Town will provide to Mandarina an itemized statement of the design costs and a check or invoice representing the difference between the costs and Mandarina's cash deposit. If Marana Town Council Regular Meeting Agenda Packet Page 105 of 561 May 21, 2024 Mandarina's cash deposit was insufficient to cover Mandarina's obligations under this Agreement, Mandarina will pay Marana the balance of the design costs as set forth in the invoice within 30 days after the itemized statement and invoice are provided to Mandarina. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. Design of the Road Project is currently underway. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2024-049, approving and authorizing the Mayor to sign a public improvement participation agreement with Mandarina Holdings, LLC and Mandarina South, LLC for the design of certain drainage and roadway design elements as part of the Towri s Adonis Road Extension project. Resolution No. 2024-049 Exhibit A to Resolution Attachments Marana Town Council Regular Meeting Agenda Packet Page 106 of 561 May 21, 2024 MARANA RESOLUTION NO.2024-049 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT WITH MANDARINA HOLDINGS, LLC AND MANDARINA SOUTH, LLC FOR THE DESIGN OF CERTAIN DRAINAGE AND ROADWAY DESIGN ELEMENTS AS PART OF THE TOWN'S ADONIS ROAD EXTENSION PROJECT WHEREAS the Town has entered into a design contract with Psomas, Inc. ("Psomas") for the design of the Adonis Road Extension Phase 2, as a part of Town of Marana Project No. ST098 (the "Road Project"); and WHEREAS Mandarina Holdings, LLC is the master developer of the development project generally located northeast of the Interstate 10 and Tangerine Road traffic interchange, consisting of the land area included within the Mandarina Specific Plan, established by the February 17, 2009 adoption of Marana Ordinance No. 2009.02, recorded in the Pima County Recorder's office at Docket 13499, Page 8 (Sequence 20090340005); and WHEREAS Mandarina South, LLC owns approximately 162 acres of land generally located east of Mandarina Boulevard and north of Tangerine Road, consisting of the land area included within the Mandarina South Specific Plan, established by the August 15, 2023 adoption of Marana Ordinance No. 2023.026, recorded in the Pima County Recorder's office at Sequence 20232300350; and WHEREAS together, the land area included within the Mandarina Specific Plan and the land area included within the Mandarina South Specific Plan are referred to as the "Subject Property" in this resolution; and WHEREAS Mandarina Holdings, LLC and Mandarina South, LLC (collectively, "Mandarina") need certain drainage and roadway design elements related to the Road Project for its future development of the Subject Property (the "Mandarina Adonis Road Elements"); and WHEREAS Town staff has negotiated an agreement with Mandarina to assure payment of all costs associated with the design of the Mandarina Adonis Road Elements as part of the Road Project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the public improvement participation agreement for the design of the Mandarina Adonis Road Elements as part of the Road Project. Resolution No. 2024-049 1 Marana Town Council Regular Meeting Agenda Packet Page 107 of 561 May 21, 2024 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the public improvement participation agreement with Mandarina Holdings, LLC and Mandarins South, LLC for the design of the Mandarins Adonis Road Elements as part of the Road Project, in the form provided in the agenda materials associated with this Council agenda item, is hereby approved, and the Mayor is authorized to sign it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of May, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney Resolution No. 2024-049 2 Marana Town Council Regular Meeting Agenda Packet Page 108 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-049 PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT TOWN OF MARANA, ARIZONA This Public Improvement Participation Agreement (this "Agreement") is made and entered into by and among MANDARINA HOLDINGS, LLC, an Arizona limited liability company, MANDARINA SOUTH, LLC, an Arizona limited liability company, and the TOWN OF MARANA ("Marana"), an Arizona municipal corporation. Mandarina Holdings, LLC and Mandarina South, LLC are sometimes collectively referred to in this Agreement as "Mandarina." Mandarina Holdings, LLC, Mandarina South, LLC, and Marana are sometimes collectively referred to in this Agreement as the "Parties," any of which is sometimes referred to as a "Party." RECITALS A. Marana has entered into a design contract with PSOMAS, INC. ("Psomas") for the design of the Adonis Road Extension Phase 2, as a part of Town of Marana Project No. ST098 (the "Road Project"). B. Mandarina Holdings, LLC is the master developer of the development project generally located northeast of the Interstate 10 and Tangerine Road traffic interchange, consisting of the land area included within the Mandarina Specific Plan, established by the February 17, 2009 adoption of Marana Ordinance No. 2009.02, recorded in the Pima County Recorders office at Docket 13499, Page 8 (Sequence 20090340005). C. Mandarina South, LLC owns approximately 162 acres of land generally located east of Mandarina Boulevard and north of Tangerine Road, consisting of the land area included within the Mandarina South Specific Plan, established by the August 15, 2023 adoption of Marana Ordinance No. 2023.026, recorded in the Pima County Recorder's office at Sequence 20232300350. D. Together, the land area included within the Mandarina Specific Plan and land area included within the Mandarina South Specific Plan are referred to as the "Subject Property" in this Agreement. E. Mandarina needs certain drainage and roadway design elements related to the Road Project for its future development of the Subject Property (the "Mandarina Adonis Road Elements"). F. Design of the Road Project is currently underway. G. The Parties believe that the most economical, integrated, and least disruptive way to accomplish the prompt design of the Mandarina Adonis Road Elements is for the Parties to arrange to have it completed by Psomas in connection with the design of the Road Project. H. Psomas has provided the Parties with an estimated price of $21,466.00 for the design of the Mandarina Adonis Road Elements. A true and correct copy of Psomas' proposal/estimate is attached to and incorporated in this Agreement as Exhibit A. 4/25/24 MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA -1- Marana Town Council Regular Meeting Agenda Packet Page 109 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-049 I. The purpose of this Agreement is to facilitate the design of the Mandarina Adonis Road Elements as part of the Road Project with funding provided by Mandarina. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Agreement, the Parties agree as follows: 1. Description of the Mandarina Adonis Road Elements. Psomas' proposal/estimate attached to and incorporated in this Agreement as Exhibit A describes the Mandarina Adonis Road Elements, which Marana and Psomas shall incorporate into the Road Project design. 2. Mandarina's obligation to pay design costs for the Mandarina Adonis Road Elements. Mandarina shall pay all design costs associated with the design of the Mandarina Adonis Road Elements. Marana and Psomas agree that the design costs for the design of the Mandarina Adonis Road Elements are anticipated to be $21,466.00, as itemized and attached to this Agreement as Exhibit A. 3. Cash deposit to secure Mandarina's obligations under this Agreement. Mandarina's obligations under this Agreement, including without limitation Mandarina's obligations under paragraph 2 above, shall be secured by a cash deposit to Marana in the amount of $21,466.00, referred to in this Agreement as "Mandarina's Cash Deposit." Mandarina's Cash Deposit shall be due and payable to Marana within 7 days of the Effective Date of this Agreement. 4. Reconciliation and final payment. No later than 30 days after substantial completion of design of the Mandarina Adonis Road Elements, Marana shall provide to Mandarina an itemized statement of the Mandarina Adonis Road Elements design costs and a check or invoice representing the difference between the Mandarina Adonis Road Elements design costs and Mandarina's Cash Deposit. If Mandarina's Cash Deposit is insufficient to cover Mandarina's obligations under this Agreement, Mandarina shall pay Marana the balance of the Mandarina Adonis Road Elements design costs as set forth in the invoice within 30 days after the itemized statement and invoice are provided to Mandarina. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. 5. Joint and several responsibility. Mandarina Holdings, LLC and Mandarina South, LLC are jointly and severally responsible for Mandarina's obligations under this Agreement. 6. Recording. This Agreement shall not be recorded. [REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] 4/25/24 MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA -2- Marana Town Council Regular Meeting Agenda Packet Page 110 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-049 7. Notices. All notices shall be in writing and shall be sufficiently given and served upon the other Party by electronic mail, receipt of which has been acknowledged by the other Party, or by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed below. In all cases, an electronic copy of any notice given shall also be transmitted to the email addresses set forth below. Mandarina Holdings, LLC: MANDARINA HOLDINGS LLC Attn: Karl N. Huish 1635 N. Greenfield Road, Suite 115 Mesa, AZ 85205 Email: karl.huish@belaflor.com With a copy via email only to: hudd@belaflor.com Mandarina South, LLC: MANDARINA SOUTH, LLC Attn: Karl N. Huish 1635 N. Greenfield Road, Suite 115 Mesa, AZ 85205 Email: karl.huish@belaflor.com With a copy via email only to: hudd@belaflor.com Marana: TOWN OF MARANA c/o Marana Legal Department 11555 West Civic Center Drive Marana, AZ 85653 Email: jfairall@maranaaz.gov 8. Governing law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. 9. Court costs and reasonable attorneys' fees to prevailing Party in dispute. If a Party fails to perform any of its obligations under this Agreement, or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and costs determined pursuant to A.R.S. § 12-341.01. 10. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 11. Cancellation for conflicts. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 12. Counterparts. This Agreement may be executed in any number of counterparts. Each counterpart shall be deemed an original, but all counterparts shall constitute but one agreement. 13. Effective Date of Agreement. The date of this Agreement (the "Effective Date') shall for all purposes be the date of the Mayor's signature on this Agreement. MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA -3- 4/25/24 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 111 of 561 Exhibit A to Marana Resolution No. 2024-049 IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives. Mandarina: MANDARINA HOLDINGS, LLC, an Arizona limited liability company By: KDL INVESTMENTS, LLC, an Arizona limited liability company, its sole Member LA Karl N. Huish, Manager Date: MANDARINA SOUTH, LLC, an Arizona limited liability company By: KDL INVESTMENTS, LLC, an Arizona limited liability company, its sole Member By: Karl N. Huish, Manager Date: STATE OF ARIZONA ) ) ss. County of ) Marana: TOWN OF MARANA, an Arizona municipal corporation Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney The foregoing instrument was acknowledged before me this day of 2022, by Karl N. Huish, Manager of KDL INVESTMENTS, LLC, an Arizona limited liability company, sole Member of MANDARINA HOLDINGS, LLC, an Arizona limited liability company, on behalf of MANDARINA HOLDINGS, LLC. (Seal) Notary Public 4/25/24 MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA -4- Marana Town Council Regular Meeting Agenda Packet Page 112 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-049 STATE OF ARIZONA ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of 2022, by Karl N. Huish, Manager of KDL INVESTMENTS, LLC, an Arizona limited liability company, sole Member of MANDARINA SOUTH, LLC, an Arizona limited liability company, on behalf of MANDARINA SOUTH, LLC. (Seal) Notary Public 4/25/24 MANDARINA/MARANA ADONIS ROAD EXTENSION DESIGN PIPA -5- Marana Town Council Regular Meeting Agenda Packet Page 113 of 561 May 21, 2024 PSOMAS April 2, 2024 Tom Houle Project Manager Town of Marana 5100 W. Ina Road Marana, AZ 85743 Re: ST089 — Adonis Road Extension Phase 2 — Final Design — Revision 1 Proposed Scope of Work and Fee — Mandarina Development Coord. & Design Proposal Psomas Job 7TMA210211 Dear Tom: Psomas is pleased to provide this scope of work and fee for coordination and civil design of improvements associated with the Mandarina and Mandarina South developments for Adonis Road. The total estimated fee for coordination and civil design as outlined in the Fee Estimate, is $21,433 on a time and materials basis to the maximum authorized amount. If you have any questions concerning the proposal, please do not hesitate to give me a call at (520) 292-2300. We appreciate the opportunity to provide our services to the Town of Marana. Respectfully Submitted, Psomas 411?10� 44 Sean Samsel, P.E. Vice President ssamselkpsomas.com Attachments: Scope of Services Fee Estimate Exhibit A to MAN DARNOdIMA AHAI dMR@AOrF-)FPENSION DESIGN RpAl14 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-049 of Work - ST089 Adonis Road Mandarina Coord - Rev1 Anri/ 2024 SCOPE OF WORK ADONIS ROAD EXTENSION PHASE 2 FINAL DESIGN MANDARINA DEVELOPMENT COORDINATION AND IMPROVEMENTS DESIGN Revision 1 OVERVIEW This scope of work will cover the coordination of design elements, review of development plans, and design of improvements associated with the ST089 — Adonis Road Extension Phase 2 project (`this project') with the adjacent Mandarina and Mandarina South developments and Adonis spine road. For an overview of the major project features, refer to scope of work for project ST089 (dated September 2023). Project management, right-of-way, and utility coordination necessary for the project are included in the main project scope. This scope only covers coordination and design elements with the developments as described below that will be included in a Private Improvement Participation Agreement (PIPA) between the Town and the Mandarina development. 70052. MANDARINA DEVELOPMENT DOCUMENT REVIEW AND COORDINATION The Mandarina development and associated Adonis spine road is currently being designed/constructed by a private developer adjacent to this project to the west and north. It is necessary to tie this project into the Adonis spine road and Mandarina Road (north leg), and coordinate outfalls for the pavement drainage leaving this project flowing to the north and west with the development. Psomas will review the following plans and reports provided by the developer to determine options how the roadway and storm drain tie-ins may be accomplished and coordinate those with the developer and their designer (EPS Group). • Mandarina Phase 1 Grading Plan ENG2202-017 • Mandarina Phase 1 Paving Plan ENG2203-011 • Adonis Spine Road Paving/Street Lighting Plan ENG2111-014 • Adonis Spine Road Drainage Report DRA2111-003 • Mandarina Master Drainage Report DRA2211-002 Pagel of 3 Exhibit A to MAN DARWAdM +c AiiAl dM4ROA&F_)�IPENSION DESIGN PRA115 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-049 Scope of Work - ST089 Adonis Road Mandarina Coord - Rev1 April 2024 • Mandarina Phase 1A Drainage Report DRA2206-005 The future Mandarina South development is currently in design and will occupy the majority of the frontage of this project on both sides of the roadway. No development plats, grading plans, paving or drainage plans were available at the time of this scope, but the developer has provided conceptual exhibits showing intended median opening and turn lane needs for future access points. The Town has confirmed intent to move forward with adding median openings (3) and associated turn lane storage to the Adonis Road Extension Phase 2 design plans. No turnouts or sidestreets for the future development will be included. Modifications to the storm drain system will be required to be performed due to the additional median openings. The developer has also indicated that modifications to the pavement drainage system shown in the Adonis Road Extension Phase 2 15% Plans (prepared in August 2023) are requested to underground the pavement drainage into a storm drain system instead of outletting at grade through scuppers for the portion of the roadway to the west of CAP. This task covers coordination with the developer and their designer (EPS Group) on the design of these additions to make them compatible with future development needs. 70600. CIVIL IMPROVEMENTS DESIGN AND PLAN ADDITIONS Psomas will incorporate drainage and roadway design elements into the civil design plans for the ST089 project. The elements described below will be incorporated into the Stage III design plans and will be updated as needed as the Stage IV and V plans developed. The project elements to be included are as follows: • Addition of up to three (3) median openings with turn bay paving. This includes necessary modifications/additions to geometric sheets, paving sheets, summary sheets, typical sections, basefiles and roadway model, pavement marking and signing sheets. • Storm drain additions/modifications need to account for the median openings described above. • Storm drain modifications necessary to account for the developed/built condition of the Mandarina development and Adonis spine road to the north and west of project. o The portion of the storm drain design attributed to the development are conversion of scuppers outletting drainage at grade to catch basins and design of storm drain pipe to transport the drainage to a storm drain trunk line. Page 2 of 3 Exhibit A to MAN DARWAdM +c AHAl dM4ROA&F-XIPENSION DESIGN RFA116 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-049 of Work - ST089 Adonis Road Mandarina Coord - Rev1 April 2024 ■ Retention/detention basins (both inside or outside right-of-way) for storm drainage are excluded from the project. ■ Storm drain trunk line design and channel needed for storm drainage conveyance to reach a downstream outfall points are not included in this PIPA and will be the responsibility of the Town. Drainage analysis for the storm drain items identified above, and incorporation of the drainage design documentation into the project Pavement Drainage Report. • Calculation of quantities per bid item and cost estimate for the improvements described above (Stage III-V). Incorporation of any special provisions required for the improvements described above (Stage IV-V). • Quality control (QC) review of design and plan additions described above. Exclusions The following are excluded from the scope of work: • Any environmental or cultural studies, clearances, fieldwork, native plant inventory, or environmental mitigation that may be required for improvements falling outside of the original ST089 project footprint. This is anticipated to primarily consist of the channel extension north of Adonis Road. This areas falls on private property of the developer and future development site of Mandarina South. If any of these elements are required they will be provided by others. • Additional right-of-way survey or legal descriptions above what is included in the original scope of the ST089 project. • Traffic engineering and access management (turn -lane storage sizing, median opening locations, etc.), it is assumed that the location and storage lengths of turn lanes (both median and right -turn) and median openings will be coordinated between the developer and Town of Marana, and provided to Psomas with approval from the Town. Page 3 of 3 Exhibit A to MAN DARWAdM +c AHAI dM4ROA&EXTENSION DESIGN RpAl17 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-049 ST089 Adonis Road Extension Mandarina Development Coordination / Design PSOMAS ESTIMATED DIRECT LABOR (Psomas) Project Principal Sr. Project Manager Sr. Engineer Project Engineer Designer GIS Sr. Consultant Survey Manager Project Surveyor 2-Man Survey Crew Administration Party Chief Survey Tech Total ESTIMATED DIRECT EXPENSES Item Subconsultant Burdened Burdened Labor Estimated Man-hours Labor Rate Costs 0 $279.00 $ - 18 $235.00 $ 4,230.00 65 $192.00 $ 12,480.00 0 $146.00 $ - 41 $116.00 $ 4,756.00 0 $260.00 $ - 0 $167.00 $ - 0 $151.00 $ - 0 $169.00 $ - 0 $98.00 $ - 0 $100.00 $ - 0 $96.00 $ - 124 Total Estimated Labor (Psomas) (Psomas and Subs: Listed by Item at Estimated Actual Cost) Quantity Amount Direct Expenses TOTAL Sub -Consultant TOTAL TOTAL ESTIMATED LABOR (Psomas) TOTAL ESTIMATED DIRECT COSTS (Psomas) TOTAL ESTIMATED OUTSIDE SERVICES (not to exceed) SUBTOTAL TOTAL ESTIMATED COST ADDITIONAL SERVICES (To be authorized by Town on an as -needed basis) Rev1 4/2/24 $ 21,466.00 Total Total $ 21,466.00 $ 21,466.00 $ 21,466.00 CONTRACT TOTAL $ 21,466.00 1 Exhibit A to MAN DAWOdIY A AHA MER@AWENTENSION DESIGN r9ppA118 of 561 May 21, 2024 Psomas Project Fee Estimate / Authorized Task List Project Number: Project Name: Project Manager: Date: 7TMA210211 Adonis Rd, Mandarina Design/Coord Sean Samsel R1 4/02/2024 Exhibit A to Marana Resolution No. 2024-049 Page 1 of 1 Task No. Tea Design Description Project Principal $ 279 / Hr. Hrs. Amount Sr. Project Mgr. $ 235 / Hr. Hrs. Amount Sr. Engineer $ 192 / Hr. Hrs. Amount Project Engineer $ 146 / Hr. Hrs. Amount Designer $ 116 / Hr. Hrs. Amount GIS Sr. Consultant $ 260 / Hr. Hrs. Amount Survey Manager $ 167 / Hr. Hrs. Amount Project Surveyor $ 151 / Hr. Hrs. Amount 2-Man Survey Crew $ 169 / Hr. Hrs. Amount Administration $ 98 / Hr. Hrs. Amount Party Chief $ 100 / Hr. Hrs. Amount Survey Tech $ 96 / Hr. Hrs. Amount Psomas Burdened Labor Total Subconsultants Amount Task Total 70052 B B Development Doc Review & Coordination Review Mandarina Plans/Reports $ 2 $ 470 6 $ 1,152 $ $ $ $ $ $ $ $ $ $ 1,622 $ $ 1,622 B Coordination Mandarina/Adonis Spine $ 4 $ 940 4 $ 768 $ $ $ $ $ $ $ $ $ $ 1,708 $ $ 1,708 B Coordination Mandarina South $ 4 $ 940 4 $ 768 $ $ $ $ $ $ $ $ $ $ 1,708 $ $ 1,708 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Development Doc Review & Coordination $ 10 $ 2,350 14 $ 2,688 $ $ $ $ - $ $ $ $ I $ 1 $ 5,038 $ $ 5,038 70660 Civil Design / Plan Additions B Stage III Plans Basefiles and Modelin $ 2 $ 470 12 $ 2,304 $ $ $ $ $ $ $ $ $ $ 2,774 $ 2,774 B Typical Section $ $ 1 $ 192 $ 2 $ 232 $ $ $ $ $ $ $ $ 424 $ 424 B Summ. Sheets (CBC, Storm Drain $ $ $ $ 2 $ 232 $ $ $ $ $ $ $ $ 232 $ 232 B Curb and Median Geometry $ $ 4 $ 768 $ 4 $ 464 $ $ $ $ $ $ $ $ 1,232 $ 1,232 B Median Staking Sheets 3sheets $ $ 6 $ 1,152 $ 9 $ 1,044 $ $ $ $ $ $ $ $ 2,196 $ 2,196 B Road P&P $ $ 4 $ 768 $ 4 $ 464 $ $ $ $ $ $ $ $ 1,232 $ 1,232 B Storm Drain Mods/Additions $ $ 8 $ 1,536 $ 8 $ 928 $ $ $ $ $ $ $ $ 2,464 $ 2,464 B Pavement Markings $ $ 2 $ 384 $ 2 $ 232 $ $ $ $ $ $ $ $ 616 $ 616 B Signing and Summary $ $ 2 $ 384 $ 2 $ 232 $ $ $ $ $ $ $ $ 616 $ 616 B Updates to Design / Plans for Stage IV, V $ 2 $ 470 4 $ 768 $ 8 $ 928 $ $ $ $ $ $ $ $ 2,166 $ 2,166 B Quantities / Cost Estimate, Special Provisions $ 2 $ 470 4 $ 768 $ $ $ $ $ $ $ $ $ $ 1,238 $ 1,238 B Quality Control Review $ 2 $ 470 4 $ 768 $ $ - $ $ $ $ $ $ $ $ 1,238 $ 1,238 Total Civil Design / Plan Additions - $ - 8 $ 1,880 51 $ 9,792 - $ - 41 $ 4,756 - $ - - $ - - $ - - $ - - $ - - $ - - $ I $ 16,428 $ - $ 16,428 Proposal Total $ 18 $ 4,230 65 $ 12,480 $ 41 $ 4,756 $ $ $ $ $ - $ $ $ 21,466 $ $ 21,466 Total Labor Costs Psomas $ 21,466 Total Subconsultants $ Total Labor $ 21,466 Exhibit A to MAN DAWOdIMARANAHAIDONMROA019-XTEkSION DESIGN PIPA Page 119 of 561 May 21, 2024 A6� C____0 MARANA E STAB L IS HE D 1 9 7 7 Council -Regular Meeting C9 Meeting Date: 05/21/2024 To: Mayor and Council Submitted For: Jing Luo, Water Director From: Jing Luo, Water Director Date: May 21, 2024 Strategic Plan Focus Area: Proactive Public Services Subject: Resolution No. 2024-040: A resolution of the Mayor and Common Council of the Town of Marana, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Finance Authority of Arizona from its Drinking Water Revolving Fund Program; delegating the determination of certain matters relating thereto to the Manager of the Town; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such loan agreement and this resolution and declaring an emergency (Jing Luo) Discussion: The United States Environmental Protection Agency (EPA) set a Maximum Contaminant Level (MCL) for perfluorinated compounds (PFAS) at a lower threshold than the current levels detected at wells feeding the North Marana water system. The main water facility serving this system is the Marana Park facility. At the facility, water from two wells is pumped into a one -million -gallon reservoir and then distributed to Marana Water customers. An additional well and a larger reservoir are currently under construction. Without treatment to address the established changes in the MCL for PFAS, water in this system will not meet the PFAS standard for potable water after the compliance effective date of the new MCL. After which, Marana Water would be unable to meet the system's existing demands. Since Marana Water already completed a PFAS treatment feasibility study, we are positioned to leverage outside funding to Marana Town Council Regular Meeting Agenda Packet Page 120 of 561 May 21, 2024 advance PFAS projects that we will needed by the effective date of the new EPA rule. Given that multiple wells feed into this site, it presents an ideal location for a regional water treatment facility. The planned solution involves constructing a treatment facility at this site with granular activated carbon (GAC) vessels to remove perfluorinated compounds and other related emerging contaminants to ensure the water meets drinking water standards at the entry point to the distribution system. On November 15, 2023, the Water Infrastructure Finance Authority of Arizona (WIFA) Board approved the issuance of a $7,179,899.00 loan with approximately $4,500,000.00 forgivable principal. WIFA has requested that the Town provide a resolution as part of the final loan agreement. Financial Impact: Fiscal Year: 25 Budgeted Y/N: Y Amount: $7,179,899.00* *There is no financial impact in FY24 as staff does not anticipate spending any of the loan proceeds until the following fiscal year. Staff will include appropriate adjustments to the project as well as to the water fund for corresponding debt service payments. Based on available information from WIFA, the amount to be forgiven will be approximately $4,500,000.00 (62.7% of the total loan amount). Annual debt service payments estimated to range between $280,000.00 and $330,000.00 would be funded by water user rates. Staff Recommendation: Staff recommends approval of Resolution No. 2024-040. Suggested Motion: I move to adopt Resolution No. 2024-040, approving the WIFA loan and other related matters. Attachments Resolution No. 2024-040 Exhibit A to Resolution - Draft Loan Documents Marana Town Council Regular Meeting Agenda Packet Page 121 of 561 May 21, 2024 RESOLUTION NO.2024-040 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA FROM ITS DRINKING WATER REVOLVING FUND PROGRAM; DELEGATING THE DETERMINATION OF CERTAIN MATTERS RELATING THERETO TO THE MANAGER OF THE TOWN; PROVIDING FOR THE TRANSFER OF CERTAIN MONEYS AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT THERETO; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY SUCH LOAN AGREEMENT AND THIS RESOLUTION AND DECLARING AN EMERGENCY WHEREAS, the Town of Marana, Arizona (the "Town"), has heretofore applied to the Water Infrastructure Finance of Arizona (the "Authority"), for a loan (the "Loan") from the Authority's Drinking Water Revolving Fund Program (the "Program") to provide funds for (i) the installation of a treatment system to mitigate the impacts of PFAS and 1,4 Dioxane, a new water storage tank, with the necessary lines, pumps and other supporting equipment, and (ii) the payment of the Town's proportionate share of expenses of administering the Program and any bonds issued by the Authority with respect thereto (collectively, the "Project"); and WHEREAS, the terms and conditions under which the Loan will be made and the obligations of the Town with respect to the Loan will be set forth in a loan agreement to be executed and delivered by the Town and the Authority (the "Loan Agreement"); and WHEREAS, the Loan and the loan repayments payable by the Town pursuant to the Loan Agreement (the "Loan Repayments") will be secured by a pledge of certain excise taxes and State shared revenues of the Town (the "Source of Repayment"); and WHEREAS, the Mayor and Common Council of the Town have determined that it will be beneficial to the citizens of the Town to enter into and to perform the Loan Agreement, whereby the Town will borrow not to exceed $7,200,000 from the Authority; and WHEREAS, the Loan shall be repaid before or on July 1, 2043, and shall bear interest at a rate not to exceed five percent (5%) per annum; and WHEREAS, there has been placed on file with the Clerk of the Town and presented at the meeting at which this Resolution was adopted the proposed form of the Loan Agreement; 691608606 Marana Town Council Regular Meeting Agenda Packet Page 122 of 561 May 21, 2024 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF MARANA, ARIZONA, THAT: Section 1. The form, terms and provisions of the Loan Agreement, in the form of such document (including the exhibits thereto) presented at the meeting at which this Resolution was adopted are hereby approved, with such insertions, omissions and changes, not inconsistent with the application of the Town to the Authority or the requirements of the federal government or the Authority, as shall be approved by the Manager of the Town, the execution of such document being conclusive evidence of such approval, and the Mayor, any other member of the Common Council of the Town, the Manager of the Town and the Clerk of the Town are hereby authorized and directed, as applicable, for and on behalf of the Town, to execute and attest and deliver, respectively, the Loan Agreement. Section 2. For the payment of the principal of and interest on the Loan, the Town shall pay the Loan Repayments provided for in the Loan Agreement. The Town shall also pay all other amounts required to be paid by the Town pursuant to the provisions of the Loan Agreement. Section 3. The obligation of the Town to pay the Loan Repayments provided for in the Loan Agreement as well as to make the other payments provided for in the Loan Agreement is limited to payment from the Source of Repayment which is pledged therefor pursuant to the Loan Agreement, and the obligations of the Town pursuant to the Loan Agreement shall not constitute or give rise to a general obligation of the Town or any claim against its ad valorem property taxing powers, or constitute an indebtedness within the meaning of any statutory or constitutional debt limitation applicable to the Town. Section 4. The appropriate officials and officers of the Town are hereby authorized and directed to take all action necessary or reasonably required to carry out, give effect to and to consummate the transactions contemplated by the Loan Agreement and by this Resolution, including, without limitation, the execution and delivery of any closing and other documents reasonably required to be delivered in connection therewith. Section 5. If any section, paragraph, subdivision, sentence, clause or phrase of this Resolution is for any reason held to be illegal or unenforceable, such decision will not affect the validity of the remaining portions of this Resolution. The Council of the Town hereby declares that it would have adopted this Resolution and each and every other section, paragraph, subdivision, sentence, clause or phrase hereof and authorized the execution and delivery of the Loan Agreement pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of this Resolution may be held illegal, invalid or unenforceable. All ordinances, resolutions or parts thereof, inconsistent herewith, are hereby waived to the extent only of such inconsistency. This waiver shall not be construed as reviving any ordinance or resolution or any part thereof. Section 6. All actions of the officers and agents of the Town including the Mayor and Common Council of the Town which conform to the purposes and intent of this Resolution and which further the execution and delivery of the Loan Agreement as contemplated by this Resolution, whether heretofore or hereafter taken, are hereby ratified, confirmed and approved. The proper officers and agents of the Town are hereby authorized and directed to do all such acts 2 Marana Town Council Regular Meeting Agenda Packet Page 123 of 561 May 21, 2024 and things and to execute and deliver all such documents on behalf of the Town as may be necessary to carry out the terms and intent of this Resolution. Section 7. All acts and conditions necessary to be performed by the Town or to have been met precedent to and in the execution and delivery of the Loan Agreement in order to make it a legal, valid and binding obligation of the Town will at the time of delivery of the Loan Agreement have been performed and have been met, in regular and due form as required by law, and no statutory, charter or constitutional limitation of indebtedness or taxation will have been exceeded in the execution and delivery of the Loan Agreement. Section 8. All formal actions of the Mayor and Common Council of the Town concerning and relating to the passage of this Resolution were taken in an open meeting of the Mayor and Common Council of the Town, and all deliberations of the Mayor and Common Council of the Town and of any committees that resulted in those formal actions were in meetings open to the public, in compliance with all legal requirements. Section 9. The immediate operation of the provisions of this Resolution is necessary for the preservation of the public peace, health and safety of the residents and citizens of the Town for the reason that the execution and delivery at the earliest possible date of the Loan Agreement is urgently needed to attempt to secure the lowest possible interest cost to the Town at the earliest possible time; an emergency is, therefore, declared to exist, and this Resolution is enacted as an emergency measure and shall be in full force and effect immediately upon its passage and adoption by the Mayor and Common Council of the Town, as required by law, and this Resolution is hereby exempt from the referendum provisions of the Constitution and the laws of the State of Arizona. Section 10. After the execution and delivery of the Loan Agreement and upon receipt of the Loan from the Authority, this Resolution shall be and remain irrepealable until the Loan and the Loan Agreement and the interest thereon shall have been fully paid, cancelled and discharged. [Remainder of page left blank intentionally.] Marana Town Council Regular Meeting Agenda Packet Page 124 of 561 May 21, 2024 PASSED and ADOPTED by the Common Council and approved by the Mayor of the Town of Marana, Arizona, this 21 st day of May 2024. .................................................................................... Mayor ATTEST: ........................................................................ Town Clerk APPROVED AS TO FORM: ........................................................................ Town Attorney 4 Marana Town Council Regular Meeting Agenda Packet Page 125 of 561 May 21, 2024 CERTIFICATION I hereby certify that the foregoing Resolution No. 2024-040 was duly passed and adopted by the Mayor and Common Council of the Town of Marana, Arizona, at a meeting held on the 21 st day of May 2024, and the vote was ... ayes and ... nays and that the Mayor and ... Councilmembers were present thereat. Town Clerk Marana Town Council Regular Meeting Agenda Packet Page 126 of 561 May 21, 2024 Exhibit A to Marana Resolution No. 2024-040 Town of Marana and Water Infrastructure Finance Authority of Arizona Borrower — Table of Contents Tab Town of Marana's Borrowing Resolution..................................................................................... I . WIFA Board Resolution..................................................................................... 2. Loan Agreement Addendum -Wage Rate and Forgivable Principal Requirements for Compliance withP.L. 111-8................................................................................................ 3. Loan Agreement Addendum -American Iron and Steel Requirements for Compliance with FederalLaw.................................................................................................. 4. Loan Agreement Addendum- Build America, Buy America Act Requirements for Compliance withFederal Law............................................................................................. 5. Exhibit A of Loan Agreement: Financial Terms and Conditions..................................................6. Exhibit B of Loan Agreement: Technical Terms and Conditions.................................................7. Exhibit C of Loan Agreement: Reporting Requirements...............................................................8. Exhibit D of Loan Agreement: Source of Repayment and Rate Covenant Provisions ..................9. Exhibit E of Loan Agreement: Debt Service Reserve Provisions................................................10. Exhibit F of Loan Agreement: Replacement Reserve Provisions................................................11. Exhibit G of Loan Agreement: Opinion of Local Borrower.........................................................12. Exhibit H of Loan Agreement: Tax Compliance Certificate of Local Borrower .........................13. 8038-G Insert .................................................................................................................................14. Standard Terms and Conditions....................................................................................................15. Marana Town Council Regular Meeting Agenda Packet Page 127 of 561 May 21, 2024 Loan Resolution 2024-086 - Town of Marana Water Infrastructure Finance Authority of Arizona WHEREAS, the Water Infrastructure Finance Authority of Arizona (the "Authority") has received from the Town of Marana (the "Local Borrower") a request for a loan (the "Loan"); and WHEREAS, the Authority has determined that the Local Borrower has met the requirements of Arizona Revised Statutes §49-1201 et seq. (the "Act") and the rules promulgated thereunder (the "Rules"); and WHEREAS, the terms and conditions under which a Loan will be made and the obligations of the Local Borrower will be set forth in a loan agreement or bond purchase agreement (the "Loan Agreement") to be executed by the Local Borrower and the Authority. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE AUTHORITY AS FOLLOWS: The Director of the Authority is hereby authorized and directed to execute a Loan Agreement with the Local Borrower to evidence a Loan in accordance with the Act, the Rules, the Local Borrower's applications to the Authority, and the Project Summary detailed in Section 2 of this Loan Resolution. The Director and other Authority officials, as appropriate, are authorized and directed to sign any document and take such actions as necessary and appropriate to consummate the transactions contemplated by this Resolution and the Loan Agreement and to ensure that the Local Borrower has completed all requirements of the Authority as detailed in Section 3, Section 4, and Section 5 of this Loan Resolution. This Resolution shall take effect immediately and shall terminate one year from the date of Board Action. Dated: November 15, 2023 Will be Signed on 1/15/2023 Attest: Will be Signed on 1/15/2023 Chairman Director Page 1 of 4 Marana Town Council Regular Meeting Agenda Packet Page 128 of 561 May 21, 2024 Loan Resolution 2024-086 - Town of Marana Water Infrastructure Finance Authority of Arizona 2.1 Project Number(s) DW 033-2024 2.2 Project Priority Data PPL Rank* Funding Cycle Population Served Subsidy/Index* 39 DW 2024 14,326 90% *Per the proposed PPL to be presented for approval at the November 2023 WIFA Board meeting. 2.3 Project Description(s) d The loan will fund the installation of a treatment system, a new water storage tank, with the necessary lines, pumps, and other supporting equipment. Activities for this project will comprise of trenching new lines, footers for new equipment pads and the installation of fencing. The Marana Park treatment facility will help to mitigate the impacts of HAS and 1,4 Dioxane, keeping compliance with EPA PFAS rules which will come into effect soon. Town of Marana is a designated Colonia and per WIFA policy IIL6 qualifies as a "Disadvantage Community". WIFA Staff recommends up to $20,000 in Technical Assistance for Central Arizona Governments (CAG). 2.4 Federal Programs Committee Review Date November 2, 2023 Financial Assistance Amount: $7,179,899 with $4,500,000 in forgivable principal Primary Repayment Source: Excise Taxes (includes state shared revenues) Secondary Repayment Source: None Loan Term: 20 years Frequency of Repayment: Semi -Annual OR Page 2 of 4 Marana Town Council Regular Meeting Agenda Packet Page 129 of 561 May 21, 2024 Loan Resolution 2024-086 - Town of Marana Water Infrastructure Finance Authority of Arizona Loan Structure: Standard Governmental Level 1; Disadvantaged Community Debt Service Reserve Fund Requirements: No Requirement Repair and Replacement Fund Requirements: No Requirement Requirements Prior to Loan Execution: Require Legal Opinion: Yes Other: No Requirement Requirements Prior to Construction: No Requirement Requirement During Construction: No Requirement Requirements Prior to Final Disbursements: No Requirement Loan Category: Qualified, Not Pledged Policy Exceptions: None Observation Schedule B: Observation 1: Upon borrower notification of construction commencement Additional Observations: at least one site observation within each 12 month period Final Observation: 80% construction budget disbursement Withholding Percentage: 10% (released after deliverables received) Requirements Prior to Loan Execution: No Requirement Requirements Prior to Construction: Submittal of Construction Bids: Yes Project Publicity/Signage: Yes The Local Borrower shall erect a construction sign displaying information on the Project and the funding sources. The Authority shall provide specifications for such construction signs. Page 3 of 4 Marana Town Council Regular Meeting Agenda Packet Page 130 of 561 May 21, 2024 Loan Resolution 2024-086 - Town of Marana Water Infrastructure Finance Authority of Arizona Other: No Requirement Requirements During Construction: Prior Review of Changes in Project Scope: Yes The Local Borrower shall submit to the Authority, for review and approval prior to execution, any change to the plans and specifications, construction contracts, Eligible Project Costs, or any other change which will effect the performance standards or purpose of the Project. Other: No Requirement Requirements Prior to Releasing Withholdings: 10% Withholding: Require Plan of Operation: Yes Require Final Approval: Yes Other: No Requirement Policy Exceptions: None Other: Wage rate reporting requirements; Use of American Iron and Steel requirements; Build America, Buy America Act requirements. Page 4 of 4 Marana Town Council Regular Meeting Agenda Packet Page 131 of 561 May 21, 2024 Loan Agreement Water Infrastructure Finance Authority of Arizona (the "Authority") and Marana, Town of (the "Local Borrower") Evidencing a Loan from the Authority to the Local Borrower Dated as of TBD Marana Town Council Regular Meeting Agenda Packet Page 132 of 561 May 21, 2024 Table of Contents Article 1 Description of the Loan Section 1.1 Name and Address of Local Borrower...................................................................1 Section 1.2 Authorized Officer(s) of Local Borrower...............................................................1 Section1.3 Notices....................................................................................................................1 Section 1.4 Loan Information....................................................................................................2 Article 2 Description of the Project Section 2.1 Description of Project.............................................................................................2 Section 2.2 Description of System.............................................................................................2 Article 3 Loan to Local Borrower; Amounts Payable Section3.1 The Loan.................................................................................................................2 Section 3.2 Disbursement of Loan Proceeds.............................................................................3 Section 3.3 Amounts Payable...................................................................................................3 Section 3.4 Tax Covenants........................................................................................................3 Exhibit A Financial Assistance Terms and Conditions; Borrower Payment Instructions; and Loan Repayment Schedule Exhibit B Technical Assistance Terms and Conditions Exhibit C Reporting Requirements Exhibit D Source of Repayment Exhibit E Debt Service Reserve Requirements Exhibit F Replacement Reserve Requirements Exhibit G Opinion of Counsel to Borrower Exhibit H Tax Compliance Certificate of Local Borrower t Marana Town Council Regular Meeting Agenda Packet Page 133 of 561 May 21, 2024 Loan Agreement This Loan Agreement (this "Loan Agreement") is made and entered into as of TBD by and between the Water Infrastructure Finance Authority of Arizona (the "Authority"), and Marana, Town of (the "Local Borrower"), a political subdivision of the State of Arizona. This Loan Agreement includes the attached Exhibits and the attached Standard Terms and Conditions. Any capitalized terms used and not defined herein shall have the meanings ascribed to such terms in the Exhibits and the Standard Terms and Conditions. The Authority and the Local Borrower agree as follows: Article 1 Description of the Loan Section 1.1 Name and Address of Local Borrower. Town of Marana Attention: Jing Luo, Water Director 11555 W. Civic Center Drive Marana, Arizona 82653 Telephone: (520) 382-2560 Section 1.2 Authorized Officer(s) of Local Borrower. Town of Marana Attention: Terry Rozema, Town Manager 11555 W. Civic Center Drive Marana, Arizona 85653 Telephone: (520) 382-1900 Section 1.3 Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the Local Borrower at the address specified in Section 1.1 and to the Authority at the following address: Director Water Infrastructure Finance Authority of Arizona 100 North 7th Avenue, Suite 130 Phoenix, Arizona 85007 Telephone: (602) 364-1310 Fax: (602) 364-1327 Any of the parties may designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent, by notice in writing given to the others. Marana Town Council Regular Meeting Agenda Packet Page 134 of 561 May 21, 2024 Section 1.4 Loan Information. The terms of the Loan include the terms set forth in the Exhibits, which are part of this Loan Agreement: Exhibit A Financial Assistance Terms and Conditions; Borrower Payment Instructions; and Loan Repayment Schedule Exhibit B Technical Assistance Terms and Conditions Exhibit C Reporting Requirements Exhibit D Source of Repayment Exhibit E Debt Service Reserve Requirements Exhibit F Replacement Reserve Requirements Exhibit G Opinion of Counsel to Borrower Exhibit H Tax Compliance Certificate of Local Borrower Prior to Loan Closing, the Local Borrower must deliver to the Authority the Opinion of Local Borrower Counsel in the form of Exhibit G and the Tax Compliance Certificate of Local Borrower in the form of Exhibit H, signed and dated the date of Loan Closing. Article 2 Description Of The Project Section 2.1 Description of Project. The Project is described in Project Summary attached to the Loan Resolution of the Authority, and in Exhibit B of this Loan Agreement. Section 2.2 Description of System. The term "System" means and includes all of the properties and facilities of the complete Waterworks plant and system of the Local Borrower, whether lying within or without the boundaries of the Local Borrower, as now existing and as they may hereafter be improved or extended, all improvements, additions and extensions thereto or replacements thereof hereafter constructed or acquired by purchase, contract or otherwise and all contracts, rights, agreements, leases and franchises of every nature owned by the Local Borrower and used or useful or held for use in the operation of said plant and system or any part or portion thereof. Article 3 Loan to Local Borrower; Amounts Payable Section 3.1 The Loan. The Authority shall loan and disburse to the Local Borrower in accordance with this Article 3 an amount listed in Exhibit A (the "Loan"), and the Local Borrower shall borrow and accept from the Authority, the Loan in the principal amount determined pursuant to this Article 3; provided, however, that (i) the Authority shall be under no obligation to disburse any amount of the Loan if an Event of Default has occurred and is continuing under this Loan Agreement, and (ii) the amount to be disbursed shall be lawfully 2 Marana Town Council Regular Meeting Agenda Packet Page 135 of 561 May 21, 2024 available for disbursement. The Local Borrower shall use the proceeds of the Loan strictly in accordance with the requirements of this Loan Agreement. Section 3.2 Disbursements of Loan Proceeds. The Authority may disburse funds by check, by electronic means or by means of magnetic tape or other transfer medium. Except as hereinafter provided, disbursements shall be made only when (i) the request for disbursements is in substantially the form provided by the Authority and is accompanied by the necessary certifications and documentation and (ii) an Authorized Officer of the Authority has determined that such disbursement is proper. An Authorized Officer of the Authority shall approve disbursements directly to the persons or entities entitled to payment or to the Local Borrower in the case of reimbursement for costs of services already paid, and shall provide the Local Borrower with a copy of the approval and the date approved. Disbursements may be made only for Eligible Project Costs. Section 3.3 Amounts Payable. The Local Borrower shall pay to the Authority the amounts shown in Exhibit A on or before the dates shown in Exhibit A, as the same may be adjusted as provided in the Standard Terms and Conditions, to reflect any revisions to the principal repayment schedule of the Loan. Such payments shall be made by electronic funds transfer or by direct debit to the Authority. Section 3.4 Tax Covenants. (a) General. The Local Borrower acknowledges that, in connection with its state revolving fund programs, the Authority issues its bonds ("Authority Bonds") from time to time to finance loans and the Authority also pledges certain loans to secure and to serve as the source of payment for the Authority Bonds. As a result, and under the provisions of federal tax law applicable to the Authority Bonds, it is in the Authority's interest for the Loan to qualify and be an obligation that bears interest that is excludable from gross income for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax imposed on individuals and corporations under the Internal Revenue Code. Therefore, the Local Borrower represents and covenants as follows with respect to the Loan and the Authority Bonds. The Local Borrower covenants that it will not take any action, or fail to take any action, if any such action or failure to take such action would adversely affect the exclusion from gross income of the interest on the Loan or the Authority Bonds under Section 103(a) of the Internal Revenue Code or cause the interest on the Loan or the Authority Bonds to become an item of tax preference for purposes of the alternative minimum tax imposed on individuals and corporations under the Internal Revenue Code, and in the event of such action or omission, it will, promptly upon having such brought to its attention, take such reasonable actions based upon a bond counsel opinion as may rescind or otherwise negate such action or omission. The Local Borrower will not directly or indirectly use or permit the use of any proceeds of the Loan or any other funds of the Local Borrower or take or omit to take any action that would cause the Loan or the Authority Bonds to be or become "arbitrage bonds" within the meaning of Section 148(a) of the Internal Revenue Code or to fail to meet any other applicable requirement of Sections 103, 141, 148, 149 and 150 of the Internal Revenue Code or cause the interest on the Loan or the Authority Bonds to become an item of tax preference for purposes of the alternative minimum tax imposed on individuals and corporations under the Internal Revenue Code. To that 3 Marana Town Council Regular Meeting Agenda Packet Page 136 of 561 May 21, 2024 end, the Local Borrower will comply with all applicable requirements of Sections 103, 141, 148, 149 and 150 of the Code to the extent applicable to the Loan. (b) Modification Based on Bond Counsel Opinion. Notwithstanding any provision of this Section, if the Local Borrower provides to the Authority a bond counsel opinion to the effect that any action required under this Section is no longer required, or to the effect that some further action is required, to maintain the exclusion from gross income of interest on the Loan or the Authority Bonds pursuant to Section 103(a) of the Internal Revenue Code, the provisions of this Section and the covenants in this Section shall be deemed to be modified to that extent. (c) Bond Counsel Opinion. For purposes of this Section, "bond counsel opinion" means an opinion letter of a firm of attorneys of national reputation experienced in the field of municipal bonds whose opinions are generally accepted by purchasers of municipal bonds, and who is acceptable to the Authority. IN WITNESS WHEREOF, the Authority and the Local Borrower have caused this Loan Agreement to be executed and delivered as of the date of execution hereof. Water Infrastructure Finance Authority of Arizona Charles Podolak, Director Town of Marana Terry Rozema, Town Manager Attest: By: Clerk 4 Marana Town Council Regular Meeting Agenda Packet Page 137 of 561 May 21, 2024 LOAN AGREEMENT ADDENDUM Wage Rate and Forgivable Principal Requirements for Compliance with P.L. 111-88 Water Infrastructure Finance Authority of Arizona This document (this "Wage Rate and Forgivable Principal Addendum") sets forth additional requirements applicable to state revolving fund Loans made by the Water Infrastructure Finance Authority of Arizona ("WIFA") that are subject to the requirements of Public Law 111-88, "Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes," enacted October 30, 2009 ("P.L. 111-88"). The provisions in this Wage Rate and Forgivable Principal Addendum are a part of the Loan Agreement. Capitalized terms not otherwise defined herein shall have the meanings given them in the Loan Agreement. The parties acknowledge and agree that funds disbursed by WIFA to the Local Borrower will include funds made available to WIFA by the federal government under P.L. 111-88, and that the requirements of P.L. 111-88 include those set forth in this Wage Rate and Forgivable Principal Addendum. The Local Borrower agrees to comply with all of those requirements and agrees that failure to do so is a breach of the provisions of the Loan Agreement which may result in a default under the Loan Agreement, termination of WIFA's obligation to make disbursements on the Loan and the Local Borrower being required to repay all amounts that have been disbursed by WIFA on the Loan, together with interest and fees as provided in the Loan Agreement (including interest and fees at rates adjusted from those originally in effect as described herein). Additional Requirement for Subrecipients that are not Governmental Entities: Obtaining Wage Determinations - Under this Wage Rate and Forgivable Principal Addendum, the non -governmental borrower must submit its proposed Davis Bacon wage determinations to WIFA for approval prior to including the wage determination in any solicitation, contract task orders, work assignments, or similar instruments to existing contractors. THIS PARAGRAPH DOES NOT APPLY TO GOVERNMENTAL ENTITIES. Section 1. P.L. 111-88 Compliance - Forgivable Principal Portion. (a) Section 1 of Exhibit A to the Loan Agreement specifies the Total Financial Assistance Amount, the amount, if any, designated as the Forgivable Principal Portion, the Intended Repayment Amount, and the required amount of reserves to be established based upon the Intended Repayment Amount. Section 2 of Exhibit A to the Loan Agreement specifics a schedule of interest and principal payments based on the Intended Repayment Amount. If the Local Borrower fails to comply with the requirements of P.L. 111-88, including those set forth in this Wage Rate and Forgivable Principal Addendum: (i) WIFA will provide a revised Exhibit A for the Loan Agreement to amortize the entire Total Financial Assistance Amount with the Forgivable Principal Portion set to $4,500,000.00, adjusted, as necessary, to incorporate, previous principal payments. 612015.2 Marana Town Council Regular Meeting Agenda Packet Page 138 of 561 May 21, 2024 (ii) The Local Borrower will repay the Total Financial Assistance Amount. Section 2. P.L. 111-88 Compliance - Wage Rate Requirements. This language must be included in all Davis Bacon covered construction contracts and subcontracts. (29 CFR Part 5.5) (a) The Local Borrower shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Sec. 5.1, or the FFY 2010 appropriation, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section I (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Local Borrowers may obtain wage determinations from the U. S. Department of Labor's web site, www.wdol.gov. (ii)(A) The Local Borrower, on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The WIFA award official shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 2 612015.2 Marana Town Council Regular Meeting Agenda Packet Page 139 of 561 May 21, 2024 (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Local Borrower agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Local Borrower to the WIFA award official. The WIFA award official will transmit the report, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA Davis Bacon Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the WIFA award official or will notify the WIFA award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Local Borrower do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the questions, including the views of all interested parties and the recommendation of the WIFA award official, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The Local Borrower shall upon its own action or upon written request of WIFA, EPA award official or an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, 3 612015.2 Marana Town Council Regular Meeting Agenda Packet Page 140 of 561 May 21, 2024 including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Local Borrower. Such documentation shall be available on request of WIFA or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5 (a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at hqp://www.dol.gov/whd/fonns/wh347.1)df or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Local Borrower for transmission to WIFA or EPA, if requested by EPA, WIFA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a 4 612015.2 Marana Town Council Regular Meeting Agenda Packet Page 141 of 561 May 21, 2024 subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the Local Borrower. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of WIFA. EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or WIFA may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees - (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, 5 612015.2 Marana Town Council Regular Meeting Agenda Packet Page 142 of 561 May 21, 2024 shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 6 612015.2 Marana Town Council Regular Meeting Agenda Packet Page 143 of 561 May 21, 2024 (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the Local Borrower, WIFA, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Local Borrower shall insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 7 612015.2 Marana Town Council Regular Meeting Agenda Packet Page 144 of 561 May 21, 2024 (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Local Borrower, upon its own action or upon written request of the EPA Award Official or an authorized representative of the Department of Labor shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR Sec. 5.1, the Local Borrower shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Local Borrower shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of WIFA, EPA and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. Section 3. General Provisions. (a) Binding Effect. This Wage Rate and Forgivable Principal Addendum shall inure to the benefit of and shall be binding upon WIFA and the Local Borrower and their respective successors and assigns. (b) Severability. In the event any provision of this Wage Rate and Forgivable Principal Addendum shall be held illegal, invalid or unenforceable by any court of competent 8 612015.2 Marana Town Council Regular Meeting Agenda Packet Page 145 of 561 May 21, 2024 jurisdiction, such holding shall not invalidate, render unenforceable or otherwise affect any other provision hereof. (c) Amendments, Supplements and Modifications. This Wage Rate and Forgivable Principal Addendum may not be amended, supplemented or modified without the prior written consent of WIFA and the Local Borrower. (d) Execution in Counterparts. This Wage Rate and Forgivable Principal Addendum may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. (e) Applicable Law. This Wage Rate and Forgivable Principal Addendum shall be governed by and construed in accordance with the laws of the State of Arizona. (f) Captions. The captions or headings in this Wage Rate and Forgivable Principal Addendum are for convenience only and shall not in any way define, limit or describe the scope or intent of any provisions of this Wage Rate and Forgivable Principal Addendum. (g) Further Assurances. The Local Borrower shall, at the request of WIFA , authorize, execute, acknowledge and deliver such further resolutions, conveyances, transfers, assurances, financing statements and other instruments as may be necessary or desirable for better assuring, conveying, granting, assigning and confirming the rights and agreements granted or intended to be granted by this Wage Rate and Forgivable Principal Addendum. (h) Arbitration. The parties hereto agree to use arbitration to the extent required by Section 12-1518 of the Arizona Revised Statutes. (i) Notice Regarding A.R.S. 38 511. To the extent applicable by provision of law, the parties acknowledge that this Wage Rate and Forgivable Principal Addendum is subject to cancellation pursuant to A.R.S. § 38-511, the provisions of which are hereby incorporated herein. [SIGNATURE PAGE FOLLOWS] 9 612015.2 Marana Town Council Regular Meeting Agenda Packet Page 146 of 561 May 21, 2024 WIFA and the Local Borrower are signing this Wage Rate and Forgivable Principal Addendum to be effective as part of the Loan Agreement. Water Infrastructure Finance Authority of Arizona Charles Podolak, Director Town of Marana Terry Rozema, Town Manager [Signature page to Wage Rate and Forgivable Principal Addendum to Loan Agreement] H1 612015.2 Marana Town Council Regular Meeting Agenda Packet Page 147 of 561 May 21, 2024 Last revised 1117114 LOAN AGREEMENT ADDENDUM American Iron and Steel Requirements for Compliance with Federal Law Water Infrastructure Finance Authority of Arizona This document (this "American Iron and Steel Addendum") sets forth additional requirements made applicable to state revolving fund Loans made by the Water Infrastructure Finance Authority of Arizona ("WIFA") by federal law. The provisions in this American Iron and Steel Addendum are a part of the Loan Agreement. Capitalized terms not otherwise defined herein shall have the meanings given them in the Loan Agreement. The parties acknowledge and agree that funds disbursed by WIFA to the Local Borrower will include funds made available to WIFA by the federal government under federal law, and that the requirements of federal law include those set forth in this American Iron and Steel Addendum. The Local Borrower agrees to comply with all of those requirements and agrees that failure to do so is a breach of the provisions of the Loan Agreement which may result in a default under the Loan Agreement, termination of WIFA's obligation to make disbursements on the Loan and the Local Borrower being required to repay all amounts that have been disbursed by WIFA on the Loan, together with interest and fees as provided in the Loan Agreement. Federal law requires that WIFA include in all assistance agreements, including the Loan Agreement, for the construction, alteration, maintenance, or repair of treatment works under the Clean Water State Revolving Fund and for the construction, alteration, maintenance, or repair of a public water system under the Drinking Water State Revolving Fund, a provision requiring the application of American Iron and Steel requirements for the entirety of the construction activities financed by the assistance agreement through completion of construction, no matter when construction commences. Whether or not the project has multiple sources of funding, the American Iron and Steel requirements apply to the entire project and not just to the activities funded by the money made available to WIFA by the federal government. Section 1. American Iron and Steel Requirements. In accordance with federal law: (a)(1) None of the funds made available to WIFA as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the "Administrator") finds that- 680121/5/PHOENIX Marana Town Council Regular Meeting Agenda Packet Page 148 of 561 May 21, 2024 (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. Section 2. General Provisions. (a) BindingEffect. ffect. This American Iron and Steel Addendum shall inure to the benefit of and shall be binding upon WIFA and the Local Borrower and their respective successors and assigns. (b) Severability. In the event any provision of this American Iron and Steel Addendum shall be held illegal, invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate, render unenforceable or otherwise affect any other provision hereof. (c) Amendments, Supplements and Modifications. This American Iron and Steel Addendum may not be amended, supplemented or modified without the prior written consent of WIFA and the Local Borrower. (d) Execution in Counterparts. This American Iron and Steel Addendum may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. (e) Applicable Law. This American Iron and Steel Addendum shall be governed by and construed in accordance with the laws of the State of Arizona and applicable federal law. (f) Captions. The captions or headings in this American Iron and Steel Addendum are for convenience only and shall not in any way define, limit or describe the scope or intent of any provisions of this American Iron and Steel Addendum. (g) Further Assurances. The Local Borrower shall, at the request of WIFA , authorize, execute, acknowledge and deliver such further resolutions, conveyances, transfers, assurances, financing statements and other instruments as may be necessary or desirable for better assuring, conveying, granting, assigning and confirming the rights and agreements granted or intended to be granted by this American Iron and Steel Addendum. 2 680121/5/PHOENIX Marana Town Council Regular Meeting Agenda Packet Page 149 of 561 May 21, 2024 (h) Prohibition Against Discrimination. In the event that it applies, the parties agree to comply with the Arizona Governor's Executive Order 2009-9, entitled "Prohibition of Discrimination in State Contracts Non -Discrimination in Employment by Government Contractors and Subcontractors," which mandates that all persons, regardless of race, color, religion, sex, age, or national origin shall have equal access to employment opportunities, and all other applicable state and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. The Local Borrower shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. (i) Arbitration. In the event of a dispute, the parties agree to use arbitration, after exhausting applicable administrative review, to the extent required by Arizona Revised Statutes Section 12-1518, and the prevailing party shall be entitled to attorney's fees and costs with respect thereto. 0) Notice of Arizona Revised Statutes Section 38-511 - Cancellation. Notice is hereby given of the provisions of Arizona Revised Statutes Section 38-511, as amended. By this reference, the provisions of said statute are incorporated herein to the extent of their applicability to this American Iron and Steel Addendum under the law of the State of Arizona. [SIGNATURE PAGE FOLLOWS] 3 680121/5/PHOENIX Marana Town Council Regular Meeting Agenda Packet Page 150 of 561 May 21, 2024 WIFA and the Local Borrower are signing this American Iron and Steel Addendum to be effective as part of the Loan Agreement. Water Infrastructure Finance Authority of Arizona Charles Podolak, Director Town of Marana Terry Rozema, Town Manager [Signature page to American Iron and Steel Addendum to Loan Agreement] 11 680121/5/PHOENIX Marana Town Council Regular Meeting Agenda Packet Page 151 of 561 May 21, 2024 Last revised 09123122 LOAN AGREEMENT ADDENDUM Build America, Buy America Act Requirements for Compliance with Federal Law Water Infrastructure Finance Authority of Arizona This document (this 'Build America, Buy America Addendum") sets forth additional requirements made applicable to state revolving fund Loans made by the Water Infrastructure Finance Authority of Arizona ("WIFA") by federal law. The provisions in this Build America, Buy America Addendum are a part of the Loan Agreement. Capitalized terms not otherwise defined herein shall have the meanings given them in the Loan Agreement. The parties acknowledge and agree that funds disbursed by WIFA to the Local Borrower will include funds made available to WIFA by the federal government under federal law, and that the requirements of federal law include those set forth in this Build America, Buy America Addendum. The Local Borrower agrees to comply with all of those requirements and agrees that failure to do so is a breach of the provisions of the Loan Agreement which may result in a default under the Loan Agreement, termination of WIFA's obligation to make disbursements on the Loan and the Local Borrower being required to repay all amounts that have been disbursed by WIFA on the Loan, together with interest and fees as provided in the Loan Agreement. Federal law requires that WIFA include in all assistance agreements, including the Loan Agreement, for any infrastructure project under the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund, a provision requiring the application of Build America, Buy America requirements. Whether or not the project has multiple sources of funding, the Build America, Buy America requirements apply to the entire project and not just to the activities funded by the money made available to WIFA by the federal government. Section 1. Build America, Buy America Requirements. In accordance with federal law (including those imposed by the Infrastructure Investment and Jobs Act, Public Law No. 117-58): (a) None of the funds made available to WIFA as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 0 1 0-9417-7439/4/AM E R I CAS Marana Town Council Regular Meeting Agenda Packet Page 152 of 561 May 21, 2024 (3) all construction materials' are manufactured in the United States —this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, which are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. (b) Waivers. When necessary, recipients may apply for, and the Environmental Protection Agency (EPA) may grant, a waiver from these requirements. The EPA has information on the process for requesting a waiver from these requirements at https://www.epa.gov/cwsrf/build- america-buy-america-baba. When the EPA has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the EPA determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The EPA will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at https://www.epa.gov/cwsrf/build-america-buy-america-baba. (c) The Local Borrower shall comply with all record keeping and reporting requirements under all applicable legal authorities, including any reports required by the funding authority (such as EPA and/or a state), such as performance indicators of program deliverables, information on costs and project progress. The Local Borrower understands that (i) each contract and subcontract related to the Project is subject to audit by appropriate federal and state entities and (ii) failure to comply with the applicable legal requirements and the Loan Agreement may result in a default hereunder that results in a repayment of the Loan Agreement, termination and/or 1 Excludes cement and cementitious materials, aggregates such as stone, sand or gravel, or aggregate binding agents or additives. 2 010-9417-7439/4/AMERICAS Marana Town Council Regular Meeting Agenda Packet Page 153 of 561 May 21, 2024 repayment of grants, cooperative agreements, direct assistance or other types of financial assistance, and/or other remedial actions. (d) Definitions. "Construction materials" includes an article, material, or supply --other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives 46—that is or consists primarily of: • non-ferrous metals; • plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. "Domestic content procurement preference" means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. "Infrastructure" includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. "Project" means the construction, alteration, maintenance, or repair of infrastructure in the United States. Section 2. General Provisions. (a) Binding Effect. This Build America, Buy America Addendum shall inure to the benefit of and shall be binding upon WIFA and the Local Borrower and their respective successors and assigns. (b) Severability. In the event any provision of this Build America, Buy America Addendum shall be held illegal, invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate, render unenforceable or otherwise affect any other provision hereof. 01 0-9417-7439/4/AM ERI CAS Marana Town Council Regular Meeting Agenda Packet Page 154 of 561 May 21, 2024 (c) Amendments, Supplements and Modifications. This Build America, Buy America Addendum may not be amended, supplemented or modified without the prior written consent of WIFA and the Local Borrower. (d) Execution in Counterparts. This Build America, Buy America Addendum may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. (e) Applicable Law. This Build America, Buy America Addendum shall be governed by and construed in accordance with the laws of the State of Arizona and applicable federal law. (f) Captions. The captions or headings in this Build America, Buy America Addendum are for convenience only and shall not in any way define, limit or describe the scope or intent of any provisions of this Build America, Buy America Addendum. (g) Further Assurances. The Local Borrower shall, at the request of WIFA , authorize, execute, acknowledge and deliver such further resolutions, conveyances, transfers, assurances, financing statements and other instruments as may be necessary or desirable for better assuring, conveying, granting, assigning and confirming the rights and agreements granted or intended to be granted by this Build America, Buy America Addendum. (h) Prohibition Against Discrimination. In the event that it applies, the parties agree to comply with the Arizona Governor's Executive Order 2009-9, entitled "Prohibition of Discrimination in State Contracts Non -Discrimination in Employment by Government Contractors and Subcontractors," which mandates that all persons, regardless of race, color, religion, sex, age, or national origin shall have equal access to employment opportunities, and all other applicable state and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. The Local Borrower shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. (i) Arbitration. In the event of a dispute, the parties agree to use arbitration, after exhausting applicable administrative review, to the extent required by Arizona Revised Statutes Section 12-1518, and the prevailing party shall be entitled to attorney's fees and costs with respect thereto. 0) Notice of Arizona Revised Statutes Section 38-511 - Cancellation. Notice is hereby given of the provisions of Arizona Revised Statutes Section 38-511, as amended. By this reference, the provisions of said statute are incorporated herein to the extent of their applicability to this Buy America, Build America Addendum under the law of the State of Arizona. [SIGNATURE PAGE FOLLOWS] rd 0 1 0-9417-7439/4/AM E R I CAS Marana Town Council Regular Meeting Agenda Packet Page 155 of 561 May 21, 2024 WIFA and the Local Borrower are signing this Build America, Buy America Addendum to be effective as part of the Loan Agreement. Water Infrastructure Finance Authority of Arizona Charles Podolak, Director Town of Marana Terry Rozema, Town Manager [Signature page to Build America, Buy America Addendum to Loan Agreement] 01 0-9417-7439/4/AM ERI CAS Marana Town Council Regular Meeting Agenda Packet Page 156 of 561 May 21, 2024 Exhibit A of Loan Agreement Loan Number........................................................................................ 920378-24 Closing Date.......................................................................................... 01/10/24 First Payment Period............................................................................... 07/01/24 Financial Assistance Terms and Conditions Original Loan Amount as of the Closing Date ........................................... $ 7,179,899.00 Forgivable Principal Amount............................................................... $ 4,500,000.00 Intended Repayment Amount................................................................ $ 2,679,899.00 LoanTerm...................................................................................... 20 Combined Interest & Fee Rate 4.275% Total # of Payment Periods within Loan Term ............................................ 40 *Combined Interest and Fee Rate (CIFR) allocation: Fee = 1.5% (150 basis points); Interest = CIFR minus Fee. Principal Repayments Period Principal Repayments Begin......................................................... 2 First Principal Repayment Date.............................................................. 07/01/24 Final Principal Repayment Date............................................................. 07/01/43 Combined Interest and Fee Payment Dates First Combined Interest and Fee Payment Date* .......................................... 07/01/24 Final Combined Interest and Fee Payment Date ........................................... 07/01/43 * Actual initial Combined Interest and Fee payment calculated only on dollar amount drawn against loan as of initial payment date Debt Service Reserve Fund Requirements Total Reserve Amount......................................................................... None AnnualAmount................................................................................ None Reserve Funded by (Date).................................................................... Not Applicable Repair and Replacement Fund Requirement Begin Funding on (Date)...................................................................... Not Applicable Annual Amount................................................................................ None Semi -Annual Deposit......................................................................... None Annual Payment Years 1 through 5......................................................................................... $ 202,023.25 Years 6 through 10....................................................................................... $ 202,023.25 Years 11 through 15...................................................................................... $ 202,023.25 Years 16 through 20...................................................................................... $ 202,023.25 WIFA Loan Agreement Exhibit A -- Page 1 Marana Town Council Regular Meeting Agenda Packet Page 157 of 561 May 21, 2024 Semi -Annual Combined Semi -Annual Annual Total Payment Interest and Combined Interest Principal Annual Year Period Dates Fee Rate and Fee Payment Repayment Payment 1 1 01/01/24 4.275% 0.00 1 2 07/01/24 4.275% 54,418.70 87,457.57 141,876.27 2 3 01/01/25 4.275% 55,413.43 2 4 07/01/25 4.275% 55,413.43 91,196.39 202,023.25 3 5 01/01/26 4.275% 53,464.11 3 6 07/01/26 4.275% 53,464.11 95,095.03 202,023.25 4 7 01/01/27 4.275% 51,431.46 4 8 07/01/27 4.275% 51,431.46 99,160.33 202,023.25 5 9 01/01/28 4.275% 49,311.90 5 10 07/01/28 4.275% 49,311.90 103,399.45 202,023.25 6 11 01/01/29 4.275% 47,101.74 6 12 07/01/29 4.275% 47,101.74 107,819.77 202,023.25 7 13 01/01/30 4.275% 44,797.10 7 14 07/01/30 4.275% 44,797.10 112,429.05 202,023.25 8 15 01/01/31 4.275% 42,393.92 8 16 07/01/31 4.275% 42,393.92 117,235.41 202,023.25 9 17 01/01/32 4.275% 39,888.02 9 18 07/01/32 4.275% 39,888.02 122,247.21 202,023.25 10 19 01/01/33 4.275% 37,274.98 10 20 07/01/33 4.275% 37,274.98 127,473.29 202,023.25 11 21 01/01/34 4.275% 34,550.24 11 22 07/01/34 4.275% 34,550.24 132,922.77 202,023.25 12 23 01/01/35 4.275% 31,709.02 12 24 07/01/35 4.275% 31,709.02 138,605.21 202,023.25 13 25 01/01/36 4.275% 28,746.33 13 26 07/01/36 4.275% 28,746.33 144,530.59 202,023.25 14 27 01/01/37 4.275% 25,656.99 14 28 07/01/37 4.275% 25,656.99 150,709.27 202,023.25 15 29 01/01/38 4.275% 22,435.58 15 30 07/01/38 4.275% 22,435.58 157,152.09 202,023.25 16 31 01/01/39 4.275% 19,076.45 16 32 07/01/39 4.275% 19,076.45 163,870.35 202,023.25 17 33 01/01/40 4.275% 15,573.72 17 34 07/01/40 4.275% 15,573.72 170,875.81 202,023.25 18 35 01/01/41 4.275% 11,921.26 18 36 07/01/41 4.275% 11,921.26 178,180.73 202,023.25 19 37 01/01/42 4.275% 8,112.64 19 38 07/01/42 4.275% 8,112.64 185,797.97 202,023.25 20 39 01/01/43 4.275% 4,141.21 20 40 07/01/43 4.275% 4,141.21 193,740.71 202,023.13 1,300,418.90 2,679,899.00 3,980,317.90 WIFA Loan Agreement Exhibit A -- Page 2 Marana Town Council Regular Meeting Agenda Packet Page 158 of 561 May 21, 2024 Exhibit B Technical Terms and Conditions Section 1 Budget Uses by Budget Item Planning.......................................................................... . Design & Engineering.......................................................... Legal/Debt Authorization...................................................... Financial Advisor............................................................... Land/System Acquisition...................................................... Equipment/Materials............................................................ Construction/Installation/Improvement....................................... Inspection & Construction Management ..................................... ProjectOfficer................................................................... Administration.................................................................. . StaffTraining.................................................................... Capitalized Interest.............................................................. Refinance Loan.............................................................. Amount Budgeted $0.00 $705,999.00 $0.00 $0.00 $0.00 $124,400.00 $6,349,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other.............................................................................. $0.00 Total Budget..................................................................... $7,179,899.00 Section 2 Project Description The loan will fund the installation of a treatment system, a new water storage tank, with the necessary lines, pumps, and other supporting equipment. Activities for this project will comprise of trenching new lines, footers for new equipment pads and the installation of fencing. The Marana Park treatment facility will help to mitigate the impacts of PFAS and 1,4 Dioxane, keeping compliance with EPA HAS rules which will come into effect soon. Town of Marana is a designated Colonia and per WIFA policy IIL6 qualifies as a "Disadvantage Community". WIFA Staff recommends up to $20,000 in Technical Assistance for Central Arizona Governments (CAG). B-1 Marana Town Council Regular Meeting Agenda Packet Page 159 of 561 May 21, 2024 Section 3 Estimated Observation and Disbursement Schedule Observation Schedule B: Observation 1: Upon borrower notification of construction commencement Additional Observations: at least one site observation within each 12 month period Final Observation: 80% construction budget disbursement Additional Observations — A WIFA representative may perform additional observations based on information provided in the projects status reports included in each Local Borrower disbursement requisition form. Withholding Percentage: 10% (released after deliverables received) Section 4 Requirements Prior To Construction Section 4.1 Submittal of Construction Bids. The Local Borrower shall submit to the Authority for review and approval prior to execution: (a) engineering contracts related to the Project, (b) bid documents related to the Project, (c) construction contracts related to the Project, and (d) certification of positive effort for disadvantaged business enterprise participation. Section 4.2 User Charges. The Local Borrower has established (or, if the System is not yet in operation, the Local Borrower will, at or before the time the System commences operation, establish) a system of user charges which, with other funds lawfully available, will at all times be sufficient to pay the costs of operation and maintenance of the System, including renewals and replacements of the System. The Local Borrower also agrees that such system of user charges will be established and maintained in compliance with any applicable requirements of state and federal law as long as the Local Borrower owes amounts under this Loan Agreement. The Local Borrower at its sole option may pay the costs of operation, maintenance, repair, replacement, extensions and additions to the System from any funds lawfully available to it for such purpose. Section 4.3 Interest in Project Site. As a condition of the Loan, the Local Borrower will demonstrate to the satisfaction of the Authority that the Local Borrower has or will have a fee simple or such other estate or interest in the site of the Project, including necessary easements B-2 Marana Town Council Regular Meeting Agenda Packet Page 160 of 561 May 21, 2024 and rights -of -way, as the Authority finds sufficient to assure undisturbed use and possession for the purpose of construction and operation of the Project for the estimated life of the Project. Section 4.4 Federal Clean Water Act. The Local Borrower covenants that, to the extent legally applicable, the Project will meet the requirements of the Federal Clean Water Act in effect on the date of Loan Closing and any amendments thereto that may retroactively apply to the Loan, and the Local Borrower agrees that the Project will comply with applicable provisions of those federal laws and authorities listed in Article 9 of the Standard Terms and Conditions. Section 4.5 Federal Safe Drinking Water Act. The Local Borrower covenants that, to the extent legally applicable, the Project will meet the requirements of the Federal Safe Drinking Water Act in effect on the date of Loan Closing and any amendments thereto that may retroactively apply to the Loan, and the Local Borrower agrees that the Project will comply with applicable provisions of those federal laws and authorities listed in Article 9 of the Standard Terms and Conditions. Section 4.6 Project Publicity/Signage. The Local Borrower shall erect a construction sign displaying information on the Project and the funding sources. The Authority shall provide specifications for such construction signs. Section 5 Requirements During Construction Section 5.1 Prior Review of Changes in Protect Scope. The Local Borrower shall submit to the Authority, for review and approval prior to execution, any change to the plans and specifications, construction contracts, Eligible Project Costs, or any other change which will effect the performance standards or purpose of the Project. Section 5.2 Completion of Project and Provision of Moneys Therefor. The Local Borrower covenants and agrees (a) to exercise its best efforts in accordance with prudent utility construction practice to complete the Project and (b) to the extent permitted by law, to provide from its own fiscal resources all moneys, in excess of the total amount of loan proceeds it receives hereunder and under any subsequent loan from the Authority, required to complete the Project. Section 5.3 Inspections; Information. The Local Borrower shall permit the Authority and any party designated by the Authority to examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project, and to inspect and make copies of any accounts, books and records, including (without limitation) its records regarding receipts, disbursements, contracts, investments and any other matters relating thereto and to its financial standing, and shall supply such reports and information as the Authority may reasonably require in connection therewith. Section 5.4 Adiustments for Ineligible Costs. The Local Borrower shall promptly reimburse the Authority for any portion of the Loan which is determined to have been used for costs that are not eligible for funding under the Authority Act, the Federal Clean Water Act, as amended, B-3 Marana Town Council Regular Meeting Agenda Packet Page 161 of 561 May 21, 2024 or the Federal Safe Drinking Water Act, as amended, unless such matter is curable in some other manner by the Local Borrower to the satisfaction of the Authority. Such reimbursement shall be promptly repaid to the Authority upon written request of the Authority. Any such reimbursed principal amount will be applied to reduce the outstanding principal amount of the Loan. Section 5.5 Archaeological Artifacts. In the event that archaeological artifacts or historical resources are discovered during construction excavation of the Project, the Local Borrower shall stop or cause to be stopped construction activities and will notify the State Historic Preservation Office and the Authority of such discovery. Section 6 Requirements Prior To Final Disbursements Section 6.1 Plan of Operation. After construction is 50% complete and prior to the release of the withholding, the Local Borrower will submit to the Authority a plan of operation which provides a concise, sequential description of an implementation schedule for those activities necessary to assure efficient and reliable start-up and continual operation of the Project. Section 6.2 Final Approval. Prior to the release of the withholding, the Local Borrower will submit to the Authority (a) as -built drawings by a professional engineer that document all changes from the original plans and specifications (b) copies of all testing results performed by or under the supervision of a professional engineer as required by the specifications, and (c) Arizona Department of Environmental Quality (ADEQ) approval of construction or an engineer's Certificate of Completion certifying that all construction was completed in accordance with the plans and specifications or that any changes made are in conformance with the Arizona Revised Statutes, ADEQ and Environmental Protection Agency rules, permits and guidelines and are documented in the as -built drawings. Based on a review of the information submitted, the Authority reserves the right, prior to the release of the withholding, to request modifications to the Project, the system, or the materials submitted pursuant to this section. B-4 Marana Town Council Regular Meeting Agenda Packet Page 162 of 561 May 21, 2024 Exhibit C Reporting Requirements Section 1. Annual Loan Review. The Authority's Annual Loan Review Form and annual financial statements in a format approved by the Authority, including the report of any annual audit(s) and all audit reports required by governmental auditing standards and any applicable Arizona rules, shall be provided by the Local Borrower to the Authority within one -hundred and eighty (180) days after the end of each fiscal year of the Local Borrower. The Local Borrower shall complete all audits and submit all reports required by the federal Single Audit Act within the time limits under that federal law, currently within the earlier of 30 days after receipt of the auditor's reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the federal agency that provided the funding or a different period is specified in a program -specific audit guide. Section 2. Records and Accounts. The Local Borrower shall keep accurate records and accounts for the System, including records and accounts for the Project (the "System Records"), separate and distinct from its other records and accounts (the "General Records"). The Local Borrower must maintain the System Records in accordance with generally accepted accounting principles (GAAP), including standards relating to the reporting of infrastructure assets, as issued by the Governmental Accounting Standards Board (GASB) or by the Financial Accounting Standards Board (FASB), as applicable to the Local Borrower. If required by law, the Local Borrower must have the System Records audited annually by an independent accountant, which audit may be part of the annual audit of the General Records of the Local Borrower. The Local Borrower must make all System Records and General Records available for inspection by the Authority at any reasonable time. Section 3. Notice of Change In Key Personnel. Promptly after becoming aware thereof, the Local Borrower shall provide notice in writing to the Authority of any change to the information in Section I of the Loan Agreement and any other change in key personnel connected to the Project and Loan. Section 4. Notice of Material Adverse Change. The Local Borrower shall promptly notify the Authority of any material adverse change in the activities, prospects or condition (financial or otherwise), of the Local Borrower relating to the System, or in the ability of the Local Borrower to make all Loan Repayments from the Source of Repayment described in this Loan Agreement and otherwise to observe and perform its duties, covenants, obligations and agreements hereunder. Section 5. Disadvantaged Business Enterprise (DBE) Program. The Local Borrower must report DBE participation to the Authority based on guidance from the Authority. Section 6. Notice of Default. Promptly after becoming aware thereof, Local Borrower shall give notice to the Authority of (i) the occurrence of any Event of Default under the Loan Agreement or (ii) the occurrence of any breach, default, Event of Default, or event which with the giving of notice or lapse of time, or both, could become a material breach, default, or Event of Default (a "Future Breach") under any agreement, indenture, mortgage, or other instrument C-1 Marana Town Council Regular Meeting Agenda Packet Page 163 of 561 May 21, 2024 (other than the Loan Agreement) to which the Local Borrower is a party or by which it or any of its property is bound or affected. Local Borrower shall provide written notice to the Authority if the effect of such breach, default, Event of Default or Future Breach is to accelerate, or to permit the acceleration of, the maturity of any indebtedness under such agreement, indenture, mortgage, or other instrument; provided, however, that the failure of the Local Borrower to give such notice shall not affect the right and power of the Authority to exercise any and all of the remedies specified herein. Section 7. Notice of Construction Commencement. The Local Borrower shall promptly notify the Authority immediately upon commencement of construction activities. Section 8. Notice of Non -Environmental Litigation. Promptly after the commencement or overt threat thereof, Local Borrower shall provide the Authority with written notice of the commencement of all actions, suits, or proceedings before any court, arbitrator, or governmental department, commission, board, bureau, agency, or instrumentality affecting Local Borrower which, if adversely determined, could have a material adverse effect on the condition (financial or otherwise), operations, properties, or business of Local Borrower, or on the ability of Local Borrower to perform its obligations under the Loan Agreement. Section 9. Notice of Environmental Litigation. Without limiting the provisions of Section 8 above, promptly after receipt thereof, Local Borrower shall provide the Authority with written notice of the receipt of all pleadings, orders, complaints, indictments, or other communication alleging a condition that may require Local Borrower to undertake or to contribute to a cleanup or other response under laws relating to environmental protection, or which seek penalties, damages, injunctive relief, or criminal sanctions related to alleged violations of such laws, or which claim personal injury to any person or property damage as a result of environmental factors or conditions or which, if adversely determined, could have a material adverse effect on the condition (financial or otherwise), operations, properties, or business of Local Borrower, or on the ability of Local Borrower to perform its obligations under the Loan Agreement. Section 10. Regulatory and Other Notices. Promptly after receipt or submission thereof, Local Borrower shall provide the Authority with copies of any notices or other communications received from or directed to any governmental authority with respect to any matter or proceeding which could have a material adverse effect on the condition (financial or otherwise), operations, properties, or business of Local Borrower, or the ability of Local Borrower to perform its obligations under the Loan Agreement, or which reveals a substantial non compliance with any applicable law, regulation or rule. Section 11. Other Information. The Local Borrower shall submit to the Authority other information regarding the condition (financial or otherwise), or operation of the Local Borrower as the Authority may, from time to time, reasonably request. Section 12. Additional Reporting Requirements. The Local Borrower shall refer to the Loan Agreement Addendum for wage rate reporting requirements. C-2 Marana Town Council Regular Meeting Agenda Packet Page 164 of 561 May 21, 2024 Exhibit D Source of Repayment: Excise Taxes Section 1 Certain Definitions As used in this Loan Agreement, the following terms shall have the meanings set forth below unless the context clearly requires otherwise: "Additional Revenue Obligations" means any additional obligations which may hereafter be issued or incurred by the Local Borrower (or any financing conduit acting on behalf of the Local Borrower) having a lien upon and payable from Excise Tax Revenues and State Shared Revenues on a parity with, and in compliance with the terms of, the Second Purchase Agreement, the Third Purchase Agreement, the Fourth Purchase Agreement, the First Loan Agreement, the Second Loan Agreement, the Third Loan Agreement, the Fifth Loan Agreement and this Loan Agreement. "Annual Debt Service" means the amount to be paid in any Fiscal Year with respect to the Parity Obligations for payment of principal and interest requirements. "Excise Tax Revenues" means revenues from the Local Borrower sales taxes, license and permit fees and fines and forfeitures which the Local Borrower now collects; provided that the Mayor and Common Council of the Local Borrower may impose other transaction privilege taxes in the future, the uses of revenue from which will be restricted, at the discretion of such Council. "Fifth Loan Agreement" means the Loan Agreement (DW 920362-23), dated as of December 9, 2022, by and between the Local Borrower and the Authority. "First Loan Agreement" means the Loan Agreement (CW 910176-19), dated as of August 10, 2018, by and between the Local Borrower and the Authority. "Fiscal Year" means the fiscal year of the Local Borrower, currently the period July 1 through June 30. "Fourth Loan Agreement" means the Loan Agreement (DW 920303-20), dated as of May 15, 2020, by and between the Local Borrower and the Authority. "Fourth Purchase Agreement" means the Fourth Purchase Agreement, dated as of February 1, 2024, by and between U.S. Bank Trust Company, National Association, as seller, and the Local Borrower, as purchaser. "Maximum Annual Debt Service" means, for any Fiscal Year, the greatest Annual Debt Service for the then -current or any succeeding Fiscal Year. "ParityObligations" means the Second Purchase Agreement, the Third Purchase Agreement, Fourth Purchase Agreement, the First Loan Agreement, the Second Loan Agreement, the Third Loan Agreement, the Fourth Loan Agreement, the Fifth Loan Agreement, this Loan Agreement and any Additional Revenue Obligations. D-1 Marana Town Council Regular Meeting Agenda Packet Page 165 of 561 May 21, 2024 "Second Loan Agreement" means the Loan Agreement (DW 920293-19), dated as of January 18, 2019, by and between the Local Borrower and the Authority. "Second Purchase Agreement" means the Second Purchase Agreement, dated as of June 1, 2014, by and between Zions First National Bank, as seller, and the Local Borrower, as purchaser. "State" means the State of Arizona. "State Shared Revenues" means revenues from amounts allocated or apportioned to the Local Borrower by the State, any political subdivision thereof or any other governmental unit or agency, except the share of the Local Borrower of any taxes which by State law, rule or regulation must be expended for other purposes, such as motor vehicle fuel taxes. "Third Loan Agreement" means the Loan Agreement (CW 910183-20), dated as of May 15, 2020, by and between the Local Borrower and the Authority. "Third Purchase Agreement" means the Third Purchase Agreement, dated as of April 1, 2017, by and between U.S. Bank National Association, as seller, and the Local Borrower, as purchaser. Section 2 Source of Repayment and Rate Covenant Provisions (a) It is understood and agreed that all payments with respect to the Loan shall be made only from the Source of Repayment, which is hereby pledged to the payment of all amounts due under the Loan. The Source of Repayment is Excise Tax Revenues and State Shared Revenues. The Excise Tax Revenues and State Shared Revenues are hereby pledged by the Local Borrower to the payment of all amounts due under the Loan and such amounts shall be secured by a paramount and first lien on and pledge of the Excise Tax Revenues and State Shared Revenues on parity with the pledge and lien granted by the Local Borrower for the payment and security of the Second Purchase Agreement, the Third Purchase Agreement, the Fourth Purchase Agreement, the First Loan Agreement, the Second Loan Agreement, the Third Loan Agreement, the Fourth Loan Agreement, the Fifth Loan Agreement and any Additional Parity Obligations. The amounts due under this Loan Agreement, the Second Purchase Agreement, the Third Purchase Agreement, the Fourth Purchase Agreement, the First Loan Agreement, the Second Loan Agreement, the Third Loan Agreement, the Fourth Loan Agreement, the Fifth Loan Agreement and any Additional Parity Obligations shall be equally and ratably secured by said pledge and lien without priority one over the other. (b) The Local Borrower shall remit to the Authority from Excise Tax Revenues and State Shared Revenues all amounts due under this Loan Agreement in the amounts and at the times and for the purposes as required herein. The obligation of the Local Borrower to make payments of any amounts due under this Loan Agreement, including amounts due after default or termination hereof, is limited to payment from Excise Tax Revenues and State Shared Revenues and shall under no circumstances constitute a general obligation or a pledge of the full faith and credit of D-2 Marana Town Council Regular Meeting Agenda Packet Page 166 of 561 May 21, 2024 the Local Borrower, the State or any of its political subdivisions, or require the levy of, or be payable from the proceeds of, any ad valorem property taxes. (c) The Local Borrower may, at the sole option of the Local Borrower, make payments due pursuant to the Loan from its other funds as permitted by law and as the Local Borrower shall determine from time to time, but the Authority acknowledges that it has no claim hereunder to such other funds. No part of the purchase price payable pursuant to this Loan Agreement shall be payable out of any ad valorem property taxes imposed by the Local Borrower or from bonds or other obligations, the payment of which the Local Borrower's general taxing authority is pledged, unless (i) the same shall have been duly budgeted by the Local Borrower according to law, (ii) such payment or payments shall be within the budget limitations of the statutes of the State and (iii) any such bonded indebtedness or other obligation is within the debt limitations of the Constitution of the State. (d) Excise Tax Revenues and State Shared Revenues in excess of amounts, if any, required to be deposited with or held by the Authority for payments due under this Loan Agreement shall constitute surplus revenues and may be used by the Local Borrower for any lawful purpose for the benefit of the Local Borrower, including the payment of obligations to which Excise Tax Revenues and State Shared Revenues may from time to time be pledged on a basis subordinate hereto. If at any time the moneys in the funds held for payment of amounts due under this Loan Agreement are not sufficient to make the deposits and transfers required, any such deficiency shall be made up from the first moneys thereafter received and available for such transfers under the terms of this Loan Agreement and, with respect to payment from Excise Tax Revenues and State Shared Revenues, pro rata, as applicable, with amounts due with respect to the Second Purchase Agreement, the Third Purchase Agreement, the Fourth Purchase Agreement, the First Loan Agreement, the Second Loan Agreement, the Third Loan Agreement, the Fourth Loan Agreement, the Fifth Loan Agreement, and any Additional Revenue Obligations, and the transfer of any such sum or sums to said fund as may be necessary to make up any such deficiency shall be in addition to the then -current transfers required to be made pursuant hereto. (e) To the extent permitted by applicable law, Excise Tax Revenues shall be retained and maintained so that the amounts received from Excise Tax Revenues plus State Shared Revenues, when combined mathematically for such purpose only, all within and for the most recently completed Fiscal Year, shall have been equal to at least two (2) times the Annual Debt Service for the current Fiscal Year. If Excise Tax Revenues plus State Shared Revenues for any such Fiscal Year shall not have been equal to at least one and one -quarter (1.25) times the Annual Debt Service for the current Fiscal Year or if at any time it appears that Excise Tax Revenues plus State Shared Revenues will not be sufficient to meet such requirements, the Local Borrower shall, to the extent permitted by applicable law, impose new exactions of the type of the excise taxes which will be part of the excise taxes or increase the rates for the excise taxes currently imposed fully sufficient at all times, after making allowance for contingencies and errors, in each Fiscal Year in order that (i) Excise Tax Revenues plus State Shared Revenues will be sufficient to meet all current requirements hereunder and (ii) Excise Tax Revenues plus State Shared Revenues will be reasonably calculated to attain the level as required by the first sentence of this paragraph. (f) The Excise Tax Revenue Fund established in connection with the Third Purchase Agreement is expanded to provide for the purposes of this Loan Agreement and, after paying therefrom D-3 Marana Town Council Regular Meeting Agenda Packet Page 167 of 561 May 21, 2024 amounts for the purposes described herein, such Fund may be reduced to zero, including by transferring any such balance to the General Fund of the Local Borrower. Section 3 Additional Parity Obligations Additional Revenue Obligations may be incurred but only if Excise Tax Revenues plus State Shared Revenues, when combined mathematically for such purpose only, in the most recently completed Fiscal Year, shall have amounted to at least two (2) times the Maximum Annual Debt Service. Section 4 Default; Remedies Upon Default The following shall supersede all contrary provisions herein to the extent of the subject matter hereof: (a) (i) Upon (A) the nonpayment of the whole or any part of any of the amounts described herein at the time when the same are to be paid as provided herein, (B) herein the violation by the Local Borrower of any other covenant or provision of this Loan Agreement, (C) the occurrence of an event of default with respect to the Second Purchase Agreement, the Third Purchase Agreement, the Fourth Purchase Agreement, the First Loan Agreement, the Second Loan Agreement, the Third Loan Agreement, the Fourth Loan Agreement, the Fifth Loan Agreement or any Additional Revenue Obligations or (D) the insolvency or bankruptcy of the Local Borrower as the same may be defined under any law of the United States of America or the State, or any voluntary or involuntary action of the Local Borrower or others to take advantage of, or to impose, as the case may be, any law for the relief of debtors or creditors, including a petition for reorganization, and (ii) if such default has not been cured (A) in the case of nonpayment of any of the amounts described herein as required hereunder on the due date or the nonpayment of principal or interest due with respect to the Second Purchase Agreement, the Third Purchase Agreement, the Fourth Purchase Agreement, the First Loan Agreement, the Second Loan Agreement, the Third Loan Agreement, the Fourth Loan Agreement, the Fifth Loan Agreement or any Additional Revenue Obligations on their due dates; (B) in the case of the breach of any other covenant or provision of this Loan Agreement not cured within sixty (60) days after notice in writing from the Authority specifying such default and (C) in the case of any other default under any of the Second Purchase Agreement, the Third Purchase Agreement, the Fourth Purchase Agreement, the First Loan Agreement, the Second Loan Agreement, the Third Loan Agreement, the Fourth Loan Agreement, the Fifth Loan Agreement or any Additional Revenue Obligations after any notice and passage of time provided for under the proceedings under which such obligations were issued then, (iii) the Authority may take whatever action at law or in equity, including the remedy of specific performance, may appear necessary or desirable to collect any amounts payable by the Local Borrower under this Loan Agreement then due (but not such amounts D-4 Marana Town Council Regular Meeting Agenda Packet Page 168 of 561 May 21, 2024 accruing), or to enforce performance and observance of any pledge, obligation, agreement or covenant of the Local Borrower under this Loan Agreement, and with respect to Excise Tax Revenues and State -Shared Revenues, without notice and without giving any bond or surety to the Local Borrower or anyone claiming under the Local Borrower, have a receiver appointed of Excise Tax Revenues and State Shared Revenues which are pledged to the payment of amounts due hereunder, with such powers as the court making such appointment shall confer (and the Local Borrower does hereby irrevocably consent to such appointment); provided, however, that under no circumstances may such amounts due hereunder be accelerated. Each right, power and remedy of the Authority provided for in this Loan Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for herein, or, unless prohibited by the terms hereof, now or hereafter existing at law or in equity or by statute or otherwise, in any jurisdiction where such rights, powers and remedies are sought to be enforced, and the exercise or beginning of the exercise by the Authority of any one or more of the rights, powers or remedies provided for herein or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by either party of any or all of such other rights, powers or remedies. The failure to insist upon strict performance of any of the covenants or agreements herein set forth shall not be considered or taken as a waiver or relinquishment for the future of the rights of the Authority to insist upon a strict compliance by the Authority with all the covenants and conditions hereof. The Local Borrower shall, upon not less than 10 days' prior request by the Authority, execute, acknowledge and deliver to the Authority a statement in writing certifying that this Loan Agreement is unmodified and in full force and effect (or, if this Loan Agreement has been modified, that it is in full force and effect except as modified, and stating the modification), and the dates to which the amounts payable hereunder have been paid in advance, if any. (b) The Authority shall in no event be in default in the performance of any of its obligations hereunder unless and until the Authority shall have failed to perform such obligation within 30 days or such additional time as is reasonably required to correct any such default after notice by the Local Borrower properly specifying wherein the Authority has failed to perform any such obligation. D-5 Marana Town Council Regular Meeting Agenda Packet Page 169 of 561 May 21, 2024 Exhibit E Debt Service Reserve Requirement No Debt Service Reserve Required The Local Borrower shall not be required to either (i) provide a Reserve Fund Surety or (ii) fund a Reserve Fund in cash in connection with this Agreement. E-1 Marana Town Council Regular Meeting Agenda Packet Page 170 of 561 May 21, 2024 Exhibit F Replacement Reserve Requirements No Replacement Reserve Required The Local Borrower shall not be required to maintain a Replacement Reserve in connection with the Loan. F-1 Marana Town Council Regular Meeting Agenda Packet Page 171 of 561 May 21, 2024 Exhibit G Opinion of Local Borrower Counsel Enter Date of Opinion Water Infrastructure Finance Authority of Arizona Phoenix, Arizona Ladies and Gentlemen: I am an attorney admitted to practice in the State of Arizona and I have acted as counsel to the Town of Marana (the "Local Borrower"), which has entered into a Loan Agreement (as hereinafter defined) with the Water Infrastructure Finance Authority of Arizona (the "Authority"), and have acted as such in connection with the authorization, execution and delivery by the Local Borrower of the Loan Agreement (as hereinafter defined). Terms used and not otherwise defined herein have the meanings given to them in the Loan Agreement. In so acting I have examined the Constitution and laws of the State of Arizona. I have also examined originals, or copies certified or otherwise identified to my satisfaction, of the following: (a) the Loan Agreement, dated as of TBD (the "Loan Agreement") by and between the Authority and the Local Borrower; and (b) proceedings of the governing board of the Local Borrower relating to the approval of the Loan Agreement and the Local Borrower Bond and the execution, issuance and delivery thereof on behalf of the Local Borrower, and the authorization of the undertaking and completion of the Project, including the proceedings relating to the election held on Enter Election Date on the question of authorizing the Local Borrower to enter into loan agreements with the Authority and/or issue the Local Borrower Bond, of which there is authorized but unissued capacity at least equal to the principal amount of the Loan. I have also examined and relied upon originals, or copies certified or otherwise authenticated to my satisfaction, of such other records, documents, certificates and other instruments, and made such investigation of law as in my judgment I have deemed necessary or appropriate to enable me to render the opinions expressed below. Based upon the foregoing, I am of the opinion that: 1. The Local Borrower is a political subdivison of the State of Arizona with the legal right to carry on the business of the System as currently being conducted and as proposed to be conducted. 2. The Local Borrower has full legal right and authority to pledge the Source of Repayment for the Loan Repayments and to execute and deliver the Loan Agreement, and to observe and perform its duties, covenants, obligations and agreements thereunder and to undertake and complete the Project; subject, however, to the effect of restrictions and limitations imposed by or G-1 Marana Town Council Regular Meeting Agenda Packet Page 172 of 561 May 21, 2024 resulting from, bankruptcy, insolvency, moratorium, reorganization, debt adjustment or other similar laws affecting creditors rights generally ("Creditor's Rights Limitations") heretofore or hereafter enacted. 3. The Local Borrower has duly and validly pledged the Source of Repayment for the punctual payment of the principal of and interest on the Loan and all other amounts due under the Loan Agreement and the Local Borrower Bond according to their respective terms. 4. All additional debt tests and reserve and other requirements applicable to the Local Borrower with respect to the pledge of the Source of Repayment have been satisfied. 5. The authorizing proceedings of the Local Borrower's governing body approving the Loan Agreement and authorizing its execution, issuance and delivery on behalf of the Local Borrower, and authorizing the Local Borrower to undertake and complete the Project (hereinafter collectively called the "Authorizing Resolutions") have been duly and lawfully adopted and authorized in accordance with applicable Arizona law, at a meeting or meetings which were duly called pursuant to necessary public notice and held in accordance with applicable Arizona law, and at which quorums were present and acting throughout. 6. The Loan Agreement has been duly authorized, executed and delivered by the authorized officers of the Local Borrower; and, assuming that the Authority has all the requisite power and authority to authorize, execute and deliver, and has duly authorized, executed and delivered the Loan Agreement, the Loan Agreement constitutes the legal, valid and binding obligation of the Local Borrower enforceable in accordance with its terms; subject, however, to the effect of and to restrictions and limitations imposed by or resulting from Creditor's Rights Limitations or other laws, judicial decisions and principles of equity relating to the enforcement of contractual obligations generally. 7. To the best of my knowledge, after such investigation as I have deemed appropriate, the authorization, execution and delivery of the Loan Agreement by the Local Borrower, the observance and performance by the Local Borrower of its duties, covenants, obligations and agreements thereunder and the consummation of the transactions contemplated therein and the undertaking and completion of the Project do not and will not contravene any existing law or any existing order, injunction, judgment, decree, rule or regulation of any court or governmental or administrative agency, authority or person having jurisdiction over the Local Borrower or its property or assets or result in a breach or violation of any of the terms and provisions of, or constitute a default under, any existing bond resolution, trust agreement, indenture, mortgage, deed of trust or other agreement to which the Local Borrower is a party or by which it, the System or its property or assets is bound. 8. To the best of my knowledge, after such investigation as I have deemed appropriate, all approvals, consents or authorizations of, or registrations of or filings with, any governmental or public agency, authority or person required to date on the part of the Local Borrower in connection with the authorization, execution, delivery and performance of the Loan Agreement, and the undertaking and completion of the Project have been obtained or made. G-2 Marana Town Council Regular Meeting Agenda Packet Page 173 of 561 May 21, 2024 9. To the best of my knowledge, after such investigation as I have deemed appropriate, there is no litigation or other proceeding pending or threatened in any Court or other tribunal of competent jurisdiction (either State or Federal) questioning the creation, organization or existence of the Local Borrower or the validity, legality or enforceability of the Loan Agreement, or the undertaking or completion of the Project. This opinion is rendered on the basis of Federal law and the laws of the State of Arizona as enacted and construed on the date hereof. I express no opinion as to any matter not set forth in the numbered paragraphs herein. Very truly yours, G-3 Marana Town Council Regular Meeting Agenda Packet Page 174 of 561 May 21, 2024 Exhibit H Tax Compliance Certificate of Local Borrower Water Infrastructure Finance Authority of Arizona $7,179,899.00 Loan to Town of Marana The Water Infrastructure Finance Authority of Arizona (the "Authority") and Town of Marana (the "Local Borrower") are entering into a Loan Agreement (the "Loan Agreement") in the maximum principal amount stated above pursuant to which the Authority will make a loan (the "Loan") to the Local Borrower. In connection with its state revolving fund programs, the Authority issues its bonds ("Authority Bonds") from time to time to finance loans and the Authority also pledges certain loans to secure and to serve as the source of payment for the Authority Bonds. As a result, and under the provisions of federal tax law applicable to the Authority Bonds, it is in the Authority's interest for the Loan to qualify and be a Tax -Exempt Obligation that is not an AMT Obligation. Therefore, in order to establish certain facts necessary for the Loan to qualify and be treated as a Tax -Exempt Obligation that is not an AMT Obligation, and as required by the provisions of the Loan Agreement, the Local Borrower by its officer signing this Certificate, certifies, represents, and covenants as follows with respect to the Loan. All statements in this Certificate are of facts or, as to events to occur in the future, reasonable expectations. I. DEFINITIONS 1.10. Attachment A. The definitions and cross-references set forth in Attachment A apply to this Certificate and its Attachments. All terms relating to a particular issue, such as Sale Proceeds, relate to the Loan, unless indicated otherwise. (For example, "Sale Proceeds" refers to Sale Proceeds of the Loan, unless indicated otherwise.) 1.20. Special Definitions. Terms used herein, to the extent not defined in Attachment A or below, have the same meaning as defined in the Loan Agreement. In addition, the following definitions apply to this Certificate and its Attachments: "Instructions" means the Rebate Instructions attached hereto as Attachment A-1. "Issue" means the Loan. "Issuer" means the Local Borrower. "Project" means the financing of a portion of the costs of acquisition, construction and improvement of facilities to be financed by the Loan and includes Issuance Costs and interest on the Loan for up to three years from the Issuance Date or, if later, one year after the date the Project is placed in service, all of which are governmental purposes for purposes of the Code. "Reserve Fund" is defined in 3.40(a). Marana Town Council Regular Meeting Agenda Packet Page 175 of 561 May 21, 2024 1.30. References. Reference to a Section means a section of the Code. Reference by number only (for example, "2.10") means that numbered paragraph of this Certificate. Reference to an Attachment means an attachment to this Certificate. II. ISSUE DATA 2.10. Issuer. The Issuer is a Governmental Unit. 2.20. Purpose of Issue. The Issue is being issued to provide funds to pay costs of the Proj ect. 2.30. Dates. The Sale Date of the Issue is the date on which the Loan Agreement is executed and delivered by the Authority and the Local Borrower, and the Issuance Date of the Issue is the first date on which the aggregate draws under the Loan exceed the lesser of $50,000 or 5% of the principal amount of the Loan. 2.40. Issue Price. The Issue Price of the Issue is the principal amount actually advanced by the Authority to the Issuer as the Loan. 2.50. Sale Proceeds, Net Proceeds, and Net Sale Proceeds. The amount of Sale Proceeds equals the Issue Price. The amount of Net Proceeds equals the Issue Price minus the amount of Proceeds (if any) deposited in the Reserve Fund (if any). The amount of Net Sale Proceeds equals the amount of Net Proceeds minus the Minor Portion. 2.60. Disposition of Sale Proceeds. There will be no Pre -Issuance Accrued Interest with respect to the Issue. The Sale Proceeds will be used to pay costs of the Project and, if applicable, to fund the Reserve Fund (if any). 2.70. Higher Yielding Investments. Gross Proceeds will not be invested in Higher Yielding Investments except for (A) the Minor Portion to the extent provided in 3.80, (B) those Gross Proceeds identified in 3.10, 3.20, and 3.30, but only during the applicable Temporary Periods there described for those Gross Proceeds, and (C) Gross Proceeds held in the Reserve Fund (if any) to the extent set forth in 3.40(a). 2.80. Single Issue. No other obligations have been or will be sold less than 15 days before or after the Sale Date pursuant to the same plan of financing with the Issue that are expected to be paid from substantially the same source of funds as the Issue, determined without regard to guarantees from a person who is not a Related Party to the Issuer. Accordingly, no obligations other than those of the Issue are a part of a single issue with the Issue. III. ARBITRAGE (NONREBATE) MATTERS 3.10. Use of Net Sale Proceeds and Pre -Issuance Accrued Interest; Temporary Periods. (A) Pre -Issuance Accrued Interest. There will be no Pre -Issuance Accrued Interest with respect to the Issue. (B) Payment of Costs of the Project. 2 Marana Town Council Regular Meeting Agenda Packet Page 176 of 561 May 21, 2024 (1) All of the Net Sale Proceeds will be used to pay costs of the Project. Such Sale Proceeds may be used to acquire or hold Higher Yielding Investments for a period ending on the third anniversary of the Issuance Date (such period being the Temporary Period for such amount) because the following three tests are reasonably expected to be satisfied: (i) At least 85% of the Net Sale Proceeds will be allocated to expenditures on the Project by the end of the Temporary Period; (ii) Within 6 months of the Issuance Date, the Issuer will incur substantial binding obligations to third parties to expend at least 5% of the Net Sale Proceeds on the Project; and (iii) Completion of the Project and allocation of the Net Sale Proceeds to expenditures will proceed with due diligence. Any Sale Proceeds that remain unspent on the third anniversary of the Issuance Date, which is the expiration date of the Temporary Period for such Proceeds, shall not be invested in Higher Yielding Investments with respect to the Issue after that date except as part of the Minor Portion. In complying with the foregoing sentence, the Issuer may take into account "yield reduction payments" (within the meaning of Regulations § 1.148-5(c)) paid to the United States. (2) Any Reimbursement Allocation will qualify as a Reimbursement of Prior Capital Expenditures and will be made by an entry in the financial records of the Issuer kept with respect to the Issue showing that Sale Proceeds of the Issue have been returned to the fund or account of the Issuer from which such amount was originally and temporarily advanced to finance Capital Expenditures paid before this date by not more than (A) 18 months after the later of the date such Capital Expenditures were paid or the date on which the property resulting from such Capital Expenditures and comprising part of the Project was placed in service or (B) three years after the original expenditures were paid. 3.20. Investment Proceeds. Any Investment Proceeds will be used to pay costs of the Project and may be invested in Higher Yielding Investments during the Temporary Period identified in 3.10(B)(1) or, if longer, one year from the date of receipt, such period being the Temporary Period for such Proceeds. 3.30. Payment Fund. Amounts deposited from time to time in the fund of the Issuer from which payments will be made on the Issue, which is a Bona Fide Debt Service Fund, will be used to pay Debt Service on the Issue within 13 months after the amounts are so deposited, such period being the Temporary Period for such amounts. 3.40. Reserve Funds. (A) Debt Service Reserve Fund. If (and only if) the Loan Agreement requires the funding of a debt service reserve fund ("Reserve Fund") in cash: The amount of Proceeds of the Loan deposited in the Reserve Fund shall not exceed 3 Marana Town Council Regular Meeting Agenda Packet Page 177 of 561 May 21, 2024 10% of the stated principal amount of the Loan. Amounts in the portion of the Reserve Fund allocable to the Issue may be invested in Higher Yielding Investments with respect to the Issue to the extent that such amounts do not exceed the least of (i) 10% of the principal amount of the Issue; (ii) maximum annual Debt Service; and (iii) 125% of average annual Debt Service. Any amounts in the portion of the Reserve Fund allocable to the Issue in excess of the least of these amounts will not be invested in Higher Yielding Investments with respect to the Issue. In complying with the yield restriction set forth in this Section, the Issuer may take into account "yield reduction payments" (within the meaning of Regulations § 1.148-5(c)) timely paid or to be timely paid to the United States because amounts in the Reserve Fund (other than investment earnings) are not reasonably expected to be used to pay Debt Service other than in connection with reductions in the amount required to be in the Reserve Account. The establishing and funding of the Reserve Fund was reasonably required by the Authority as a condition of making the Loan. (B) Replacement Reserve Fund. If (and only if) the Loan Agreement requires the funding of a replacement reserve fund ("Replacement Reserve Fund") in cash: The Replacement Reserve Fund may be used for one or more of the following purposes: (i) the acquisition of new, or the replacement of obsolete or worn out, machinery, equipment, furniture, fixtures or other personal property for the Issuer's utility system, provided that the property is depreciable; (ii) the performance of repairs with respect to the Issuer's utility system that are of an extraordinary and non -recurring nature, provided that the property is depreciable; (iii) the acquisition or construction of additions to or improvements, extensions or enlargements to, or remodeling of, the Issuer's utility system, provided that the property is depreciable; and/or (iv) to make Debt Service payments to the Authority on the Issue (collectively, the "Permitted Uses"). The Issuer reasonably expects to use amounts in the Replacement Reserve Fund for Permitted Uses other than to make Debt Service payments to the Authority on the Issue, and therefore there is no reasonable assurance of the availability of those amounts to make Debt Service payments to the Authority on the Issue if the Issuer encounters financial difficulties 3.50. No Other Replacement Fund or Assured Available Funds. Except as described in 3.30 and, if and to the extent applicable, 3.40(A), , the Issuer has not established and does not expect to establish or use any sinking fund, debt service fund, redemption fund, reserve or replacement fund, or similar fund, or any other fund to pay Debt Service on the Issue. Except for money referred to in 3.30 and Proceeds of a Refunding Issue, if any, no other money or Investment Property is or will be pledged as collateral or used for the payment of Debt Service on the Issue (or for the reimbursement of any others who may provide money to pay that Debt Service), or is or will be restricted, dedicated, encumbered, or set aside in any way as to afford the holders of the Issue reasonable assurance of the availability of such money or Investment Property to pay Debt Service on the Issue. 3.60. No Overissuance. The Proceeds of the Issue are not reasonably expected to exceed the amount needed for the governmental purposes of the Issue as set forth in 2.20. 4 Marana Town Council Regular Meeting Agenda Packet Page 178 of 561 May 21, 2024 3.70. Other Uses of Proceeds Negated. Except as stated otherwise in this Certificate, none of the Proceeds of the Issue will be used: (A) to pay principal of or interest on, refund, renew, roll over, retire, or replace any other obligations issued by or on behalf of the Issuer or any other Governmental Unit, (B) to replace any Proceeds of another issue that were not expended on the project for which such other issue was issued, (C) to replace any money that was or will be used directly or indirectly to acquire Higher Yielding Investments, (D) to make a loan to any person or other Governmental Unit, (E) to pay any Working Capital Expenditure other than expenditures identified in Regulations § 1.148-6(d)(3)(ii)(A) and (B) (i.e., Issuance Costs of the Issue, Qualified Administrative Costs, reasonable charges for a Qualified Guarantee or for a Qualified Hedge, interest on the Issue for a period commencing on the Issuance Date of the Issue and ending on the date that is the later of three years from such Issuance Date or one year after the date on which the project financed or refinanced by the Issue was or will be placed in service, payments of the Rebate Amount, and costs, other than those already described, that do not exceed 5% of the Sale Proceeds and that are directly related to Capital Expenditures financed or deemed financed by the Issue, principal or interest on an issue paid from unexpected excess Sale Proceeds or Investment Proceeds, and principal or interest on an issue paid from investment earnings on a reserve or replacement fund that are deposited in a Bona Fide Debt Service Fund), or (F) to reimburse any expenditures made prior to the Issuance Date except those that qualify as a Reimbursement of Prior Capital Expenditures. No portion of the Issue is being issued solely for the purpose of investing Proceeds in Higher Yielding Investments. 3.80. Minor Portion. The Minor Portion is equal to the lesser of 5% of the Sale Proceeds of the Issue and $100,000. Such Minor Portion may be invested in Higher Yielding Investments with respect to the Issue. 3.90. No Other Replacement Proceeds. That portion of the Issue that is to be used to finance Capital Expenditures has a weighted average maturity that does not exceed 120% of the weighted average reasonably expected economic life of the property resulting from such Capital Expenditures. IV. REBATE MATTERS 4.10. Issuer Obligation RegardingRebate. ebate. Consistently with its covenants contained in the Loan Agreement, the Issuer will calculate and make, or cause to be calculated and made, Marana Town Council Regular Meeting Agenda Packet Page 179 of 561 May 21, 2024 payments of the Rebate Amount in the amounts and at the times and in the manner provided in Section 148(f) with respect to Gross Proceeds to the extent not exempted under Section 148(f)(4) and the Instructions. 4.20. No Avoidance of Rebate Amount. No amounts that are required to be paid to the United States will be used to make any payment to a party other than the United States through a transaction or a series of transactions that reduces the amount earned on any Investment Property or that results in a smaller profit or a larger loss on any Investment Property than would have resulted in an arm's length transaction in which the Yield on the Issue was not relevant to either party to the transaction. 4.30. Exceptions. (A) Small Issuer Exception. The Issue is exempt under Section 148(f)(4)(D) from the rebate requirement if all of the following requirements are satisfied: (1) The Issuer is a Governmental Unit with general taxing powers within the meaning of Section 148(f)(4)(D), and (2) No part of the Issue is a Private Activity Bond, and (3) All of the Net Proceeds will be used for "local governmental activities" of the Issuer within the meaning of Section 148(f)(4)(D) and none of the Net Proceeds will be used for any Private Business Use, and (4) The aggregate principal amount of all Tax -Exempt Obligations, including the Issue, issued or to be issued by the Issuer, its subordinate entities and entities that issue any such obligations on behalf of the Issuer, or on behalf of which the Issuer issues any such obligations, during the current calendar year does not, and is not reasonably expected to, exceed $5,000,000. The Tax -Exempt Obligations taken into account for this purpose exclude any Private Activity Bonds and any Current Refunding Portion and Current Refunding Issue to the extent that the amount of such Current Refunding Portion or Current Refunding Issue does not exceed the outstanding amount of the obligations refunded by such Current Refunding Portion or Current Refunding Issue. No entity has been or will be formed or availed of to avoid the purposes of Section 148(f)(4)(D)(i)(IV). If, but only if, all of the above requirements are satisfied, check here: [ ] and sign here: (B) General Exception. Notwithstanding the foregoing, the computations and payments of amounts to the United States referred to in IV need not be made to the extent that the Issuer will not thereby fail to comply with any requirements of Section 148(f) and the Instructions based on an opinion of bond counsel. 6 Marana Town Council Regular Meeting Agenda Packet Page 180 of 561 May 21, 2024 4.40. Election. The Issue is a Construction Issue. The Issuer hereby elects to apply the 2-year spending exception to the rebate requirements on the basis of actual facts instead of the Issuer's reasonable expectations. V. OTHER TAX MATTERS 5.10. Not Private Activity Bonds or Pool Bonds. No obligation of the Issue will be a Private Activity Bond or a pooled financing bond (within the meaning of Section 149(f)), based on the following: (A) Not more than 5% of the Proceeds, if any, directly or indirectly, will be used for a Private Business Use and not more than 5%, if any, of the Debt Service on the Issue, directly or indirectly, will be secured by any interest in property used or to be used for a Private Business Use or payments in respect of such property, or will be derived from payments (whether or not to the Issuer) in respect of property, or borrowed money, used or to be used for a Private Business Use. (B) Less than 5% of the Proceeds, if any, will be used to make or finance loans to any Private Person or Governmental Unit other than the Issuer. (C) The lesser of the Proceeds that are being or will be used for any Private Business Use or the Proceeds with respect to which there are payments or (borrowed money) that are being or will be used for any Private Business Use does not exceed $15,000,000 and none of the Proceeds will be used with respect to an "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141(b)(4). (D) The Issuer does not expect to sell or otherwise dispose of the Project or any portion thereof during the term of the Issue except for dispositions of property in the normal course at the end of such property's useful life to the Issuer. With respect to tangible personal property, if any, that is part of the Project, the Issuer reasonably expects that: (1) Dispositions of such tangible personal property, if any, will be in the ordinary course of an established governmental program; (2) The weighted average maturity of the obligations of the Issue financing such property (treating the obligations of the Issue properly allocable to such personal property as a separate issue for this purpose) will not be greater than 120% of the reasonably expected actual use of such property for governmental purposes; (3) The fair market value of such property on the date of disposition will not be greater than 25% of its cost; (4) The property will no longer be suitable for its governmental purposes on the date of disposition; and 7 Marana Town Council Regular Meeting Agenda Packet Page 181 of 561 May 21, 2024 (5) The amounts received from any disposition of such property are required to be, and will be, commingled with substantial tax or other governmental revenues and will be spent on governmental programs within 6 months from the date of such deposit and commingling. 5.20. Issue Not Federally Guaranteed. The Issue is not Federally Guaranteed. 5.30. Not Hedge Bonds. At least 85% of the Spendable Proceeds will be used to carry out the governmental purposes of the Issue within three years from the Issuance Date. Not more than 50%, if any, of the Proceeds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for four years or more (including but not limited to any investment contract or fixed yield investment having a maturity of four years or more). The reasonable expectations stated above are not based on and do not take into account (A) any expectations or assumptions as to the occurrence of changes in market interest rates or changes of federal tax law or regulations or rulings thereunder or (B) any prepayments of items other than items that are customarily prepaid. 5.40. Hedge Contracts. The Issuer has not entered into, and does not reasonably expect to enter into, any Hedge with respect to the Issue, or any portion thereof. The Issuer acknowledges that entering into a Hedge with respect to the Issue, or any portion thereof, may change the Yield and that Bond Counsel should be contacted prior to entering into any Hedge with respect to the Issue in order to determine whether payments/receipts pursuant to the Hedge will be taken into account in computing the Yield. 5.50. Internal Revenue Service Information Return. Within the time and on the form prescribed by the Internal Revenue Service under Section 149(e), the Issuer will file with the Internal Revenue Service an Information Return setting forth the required information relating to the Issue. The information reported on that Information Return will be true, correct, and complete to the best of the knowledge and belief of the undersigned. 5.60. Responsibility of Officer. (A) The officer signing this Certificate is one of the officers of the Issuer responsible for issuing the Issue. (B) To the best of the knowledge, information, and belief of the undersigned, all expectations stated in this Certificate are the expectations of the Issuer and are reasonable, all facts stated are true, and there are no other existing facts, estimates, or circumstances that would or could materially change the statements made in this Certificate. The certifications and representations made in this Certificate are intended to be relied upon as certifications described in Regulations § 1.148-2(b). The Issuer acknowledges that any change in the facts or expectations from those set forth in this Certificate may result in different requirements or a change in status of the Issue or interest thereon under the Code, and that bond counsel should be contacted if such changes are to occur or have occurred. 8 Marana Town Council Regular Meeting Agenda Packet Page 182 of 561 May 21, 2024 Town of Marana By: Name: Title: Marana Town Council Regular Meeting Agenda Packet Page 183 of 561 May 21, 2024 List of Attachments Attachment A -- Definitions for Tax Compliance Certificate Attachment A-1 --Rebate Instructions 10 Marana Town Council Regular Meeting Agenda Packet Page 184 of 561 May 21, 2024 Attachment A Definitions for Tax Compliance Certificate of Local Borrower The following terms, as used in Attachment A and in the Tax Compliance Certificate to which it is attached and in the other Attachments to the Tax Compliance Certificate, have the following meanings unless therein otherwise defined or unless a different meaning is indicated by the context in which the term is used. Capitalized terms used within these definitions that are not defined in Attachment A have the meanings ascribed to them in the Tax Compliance Certificate to which this Attachment A is attached. The word "Issue," in lower case, refers either to the Issue or to another issue of obligations or portion thereof treated as a separate issue for the applicable purposes of Section 148, as the context requires. The word "obligation" or "obligations," in lower case, includes any obligation, whether in the form of bonds, notes, certificates, or any other obligation that is a "bond" within the meaning of Section 150(a)(1). All capitalized terms used in this Certificate include either the singular or the plural. All terms used in this Attachment A or in the Tax Compliance Certificate to which this Attachment A is attached, including terms specifically defined, shall be interpreted in a manner consistent with Sections 103 and 141-150 and the applicable Regulations thereunder except as otherwise specified. All references to Section, unless otherwise noted, refer to the Code. "Advance Refunding Issue" means any Refunding Issue that is not a Current Refunding Issue. "Advance Refunding Portion" means that portion of a Multipurpose Issue that constitutes a separate governmental purpose and that would be treated as an Advance Refunding Issue if it had been issued as a separate issue. "AMT Obligation" means a Tax -Exempt Obligation the interest on which is an item of tax preference for purposes of the alternative minimum tax imposed on individuals and corporations under the Internal Revenue Code. "Available Construction Proceeds" means an amount equal to (a) the sum of (i) the Issue Price of an issue, (ii) Investment Proceeds on that Issue Price, (iii) earnings on any reasonably required reserve or replacement fund allocable to the issue not funded from the Issue Price, and (iv) Investment Proceeds and earnings on (ii) and (iii), (b) reduced by the portions, if any, of the Issue Price of the issue (i) attributable to Pre -Issuance Accrued Interest and earnings thereon, (ii) allocable to the underwriter's discount, (iii) used to pay other Issuance Costs of the issue, and (iv) deposited in a reasonably required reserve or replacement fund allocable to the issue. "Available Construction Proceeds" does not include Investment Proceeds or earnings on a reasonably required reserve or replacement fund allocable to the issue for any period after the earlier of (a) the close of the 2-year period that begins on the Issuance Date or (b) the date the construction of the project financed by the issue is substantially completed, provided, however, that such Investment Proceeds or earnings shall be excluded from "Available Construction Proceeds" if the Issuer has timely elected such exclusion. If an issue is a Multipurpose Issue that includes a New Money Portion that is a Construction Issue, this definition shall be applied by substituting "New Money Portion" for "issue" each place the latter term appears. If an issue or the New Money Portion of a Multipurpose Issue, as applicable, is A-1 Marana Town Council Regular Meeting Agenda Packet Page 185 of 561 May 21, 2024 not a Construction Issue, and the Issuer makes the bifurcation election under Regulations §1.148-70)(1) and Section 148(f)(4)(C)(v) to treat the issue or the New Money Portion as two separate issues consisting of the Construction Portion and the Nonconstruction Portion, this definition shall be applied by substituting "Construction Portion" for "issue" each place the latter term appears. "Bona Fide Debt Service Fund" means a fund, including a portion of or an account in that fund (or in the case of a fund established for two or more issues, the portion of that fund properly allocable to an issue), or a combination of such funds, accounts or portions that is used primarily to achieve a proper matching of revenues with Debt Service on an issue within each Bond Year and that is depleted at least once each year except for a reasonable carryover amount not to exceed the greater of the earnings thereon for the immediately preceding Bond Year or one -twelfth of the annual Debt Service on the issue for the immediately preceding Bond Year. "Bond Year" means the annual period relevant to the application of Section 148(f) to an issue, except that the first and last Bond Years may be less than 12 months long. The last day of a Bond Year shall be the close of business on the day preceding the anniversary of the Issuance Date of an issue unless the Issuer selects another date on which to end a Bond Year in the manner permitted by the Code. "Capital Expenditures" means costs of a type that are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of Placed in Service) under general federal income tax principles. "Code" means the Internal Revenue Code of 1986, the Regulations (whether temporary or final) under that Code or the statutory predecessor of that Code, and any amendments of, or successor provisions to, the foregoing and any official rulings, announcements, notices, procedures and judicial determinations regarding any of the foregoing, all as and to the extent applicable. Unless otherwise indicated, reference to a Section includes any applicable successor section or provision and such applicable Regulations, rulings, announcements, notices, procedures and determinations pertinent to that Section. "Commingled Fund" means any fund or account of the Issuer that contains both Gross Proceeds of an issue and amounts in excess of $25,000 that are not Gross Proceeds of the issue if the amounts in the fund or account are invested and accounted for collectively, without regard to the source of funds deposited in the fund or account. "Commingled Investment Proceeds" means Investment Proceeds of an issue (other than Investment Proceeds held in a Refunding Escrow) that are deposited in a Commingled Fund with substantial tax or other revenues from governmental operations of the Issuer and that are reasonably expected to be spent for governmental purposes within 6 months from the date of deposit in the Commingled Fund, using any reasonable accounting assumptions. "Conduit Borrower" means the obligor on a purpose investment. A-2 Marana Town Council Regular Meeting Agenda Packet Page 186 of 561 May 21, 2024 "Conduit Financing Issue" means an issue the Proceeds of which are reasonably expected to be used to finance one or more Conduit Loans. "Conduit Loan" means a purpose investment acquired by the Issuer with Proceeds of a Conduit Financing Issue, thereby effecting a loan to the Conduit Borrower. "Construction Expenditures" means Capital Expenditures allocable to the cost of real property (including the construction or making of improvements to real property, but excluding acquisitions of interests in land or other existing real property) or constructed personal property within the meaning of Regulations § 1.148-7(g). "Construction Issue" means an issue at least 75% of the Available Construction Proceeds of which are to be used for Construction Expenditures with respect to property that is, or upon completion will be, owned by a Governmental Unit or a 501(c)(3) Organization. If an issue is a Multipurpose Issue that includes a New Money Portion, this definition shall be applied by substituting "New Money Portion" for "Construction Issue" each place the latter term appears. If an election under Section 148(f)(4)(C)(v) and Regulations §1.148-70) is made to bifurcate an issue or the New Money Portion of a Multipurpose Issue, this definition shall be applied by substituting "Construction Portion" for "Construction Issue" each place the latter term appears. "Construction Portion" means that portion of an issue or the New Money Portion of a Multipurpose Issue at least 75% of the Available Construction Proceeds of which are to be used for Construction Expenditures with respect to property that is, or upon completion will be, owned by a Governmental Unit or a 501(c)(3) Organization and that finances 100% of the Construction Expenditures. "Controlled Group" means a group of entities controlled directly or indirectly by the same entity or group of entities within the meaning of Regulations § 1.150-1(e). "Current Refunding Issue" means a Refunding Issue that is issued not more than 90 days before the last expenditure of any Proceeds of the Refunding Issue for the payment of Debt Service on the Refunded Bonds. "Current Refunding Portion" means that portion of a Multipurpose Issue that constitutes a separate governmental purpose and that would be treated as a Current Refunding Issue if it had been issued as a separate issue. "Debt Service" means principal of and interest and any redemption premium on an issue. "Excess Gross Proceeds" means all Gross Proceeds of an Advance Refunding Issue that exceed an amount equal to 1% of the Sale Proceeds of such Advance Refunding Issue, other than Gross Proceeds allocable to: (a) payment of Debt Service on the Refunded Bonds; (b) payment of Pre -Issuance Accrued Interest on the Advance Refunding Issue and interest on the Advance Refunding Issue that accrues for a period up to the completion date of any capital project financed by the Prior Issue, plus one year; (c) a reasonably required reserve or replacement fund for the A-3 Marana Town Council Regular Meeting Agenda Packet Page 187 of 561 May 21, 2024 Advance Refunding Issue or Investment Proceeds of such fund; (d) payment of Issuance Costs of the Advance Refunding Issue; (e) payment of administrative costs allocable to repaying the Refunded Bonds, carrying and repaying the Advance Refunding Issue, or investments of the Advance Refunding Issue; (f) Transferred Proceeds allocable to expenditures for the governmental purpose of the Prior Issue (treating for this purpose all unspent Proceeds of the Prior Issue properly allocable to the Refunded Bonds as of the Issuance Date of the Advance Refunding Issue as Transferred Proceeds); (g) interest on purpose investments; (h) Replacement Proceeds in a sinking fund for the Advance Refunding Issue; and (i) fees for a Qualified Guarantee for the Advance Refunding Issue or the Prior Issue. If an Issue is a Multipurpose Issue that includes an Advance Refunding Portion, this definition shall be applied by substituting "Advance Refunding Portion" for "Advance Refunding Issue" each place the latter term appears. "Federally Guaranteed" means that (a) the payment of Debt Service on an issue, or the payment of principal or interest with respect to any loans made from the Proceeds of the issue, is directly or indirectly guaranteed in whole or in part by the United States or by an agency or instrumentality of the United States, within the meaning of Section 149(b) of the Code, or (b) more than 5% of the Proceeds of an issue will be invested directly or indirectly in federally insured deposits or accounts. The preceding sentence does not apply to (a) Proceeds invested during an initial Temporary Period until such Proceeds are needed to pay costs of the project, (b) investments of a Bona Fide Debt Service Fund, (c) direct purchases from the United States of obligations issued by the United States Treasury, or (d) other investments permitted by Section 149(b) or Regulations § 1.149(b)-1(b). "501(c)(3) Organization" means an organization described in Section 501(c)(3) and exempt from tax under Section 501(a). "Fixed Yield Issue" means an issue of obligations the Yield on which is fixed and determinable on the Issuance Date. "Governmental Unit" means a state, territory or possession of the United States, the District of Columbia, or any political subdivision thereof referred to as a "State or local governmental unit" in Regulations § 1.103-1(a). "Governmental Unit" does not include the United States or any agency or instrumentality of the United States. "Gross Proceeds" means Proceeds and Replacement Proceeds of an issue. "Hedge" means a contract entered into by the Issuer or the Conduit Borrower primarily to modify the Issuer's or the Conduit Borrower's risk of interest rate changes with respect to an obligation (M, an interest rate swap, an interest rate cap, a futures contract, a forward contract or an option). "Higher Yielding Investments" means any Investment Property that produces a Yield that (a) in the case of Investment Property allocable to Replacement Proceeds of an issue and Investment Property in a Refunding Escrow, is more than one thousandth of one percentage point (.00001) higher than the Yield on the applicable issue, and (b) for all other purposes is more than one -eighth of one percentage point (.00125) higher than the Yield on the issue. A-4 Marana Town Council Regular Meeting Agenda Packet Page 188 of 561 May 21, 2024 "Investment Proceeds" means any amounts actually or constructively received from investing Proceeds of an issue in Investment Property. "Investment Property" means investment property within the meaning of Sections 148(b)(2) and 148(b)(3), including any security (within the meaning of Section 165(g)(2)(A) or (B)), any obligation, any annuity contract and any other investment -type property (including certain residential rental property for family units as described in Section 148(b)(2)(E) in the case of any bond other than a Private Activity Bond). Investment Property includes a Tax -Exempt Obligation that is a "specified private activity bond" as defined in Section 57(a)(5)(C), but does not include other Tax -Exempt Obligations. "Issuance Costs" means costs to the extent incurred in connection with, and allocable to, the issuance of an issue, and includes underwriter's compensation withheld from the Issue Price, counsel fees, financial advisory fees, rating agency fees, trustee fees, paying agent fees, bond registrar, certification and authentication fees, accounting fees, printing costs for bonds and offering documents, public approval process costs, engineering and feasibility study costs, guarantee fees other than for a Qualified Guarantee and similar costs, but does not include fees charged by the Issuer. "Issuance Date" means the date of physical delivery of an issue by the Issuer in exchange for the purchase price of the issue. "Issue Price" means in the circumstances applicable to an issue: (1) Public Offering. In the case of obligations actually offered to the general public in a bona fide public offering at the initial offering price for each maturity set forth in the certificate of the underwriter or placement agent attached to the Tax Compliance Certificate of the Issuer, the aggregate of the initial offering price for each maturity (including any Pre -Issuance Accrued Interest and original issue premium, but excluding any original issue discount), which price is not more than the fair market value thereof as of the Sale Date, and at which initial offering price not less than 10% of the principal amount of each maturity, as of the Sale Date, was sold or reasonably expected to be sold (other than to bond houses, brokers or other intermediaries). In the case of publicly offered obligations that are not described in the preceding sentence, Issue Price means the aggregate of the initial offering price to the public of each maturity set forth in the certificate of the underwriter or placement agent attached to the Tax Compliance Certificate of the Issuer, which price is not more than the fair market value thereof as of the Sale Date, and at which initial offering price not less than 10% of the principal amount of each maturity was sold to the public. (2) Private Placement. In the case of obligations sold by private placement, the aggregate of the prices (including any Pre -Issuance Accrued Interest and original issue premium, but excluding any original issue discount) paid to the A-5 Marana Town Council Regular Meeting Agenda Packet Page 189 of 561 May 21, 2024 Issuer by the first purchaser(s) (other than bond houses, brokers or other intermediaries). "Minor Portion" means an amount equal to the lesser of $100,000 or 5% of the Sale Proceeds of an issue. "Multipurpose Issue" means an issue the bonds of which are allocable to two or more separate governmental purposes within the meaning of Regulations § 1.148-9(h). "Net Proceeds" means the Sale Proceeds of an issue less the portion thereof, if any, deposited in a reasonably required reserve or replacement fund for the issue. "Net Sale Proceeds" means the Sale Proceeds of an issue less the portion thereof, if any, deposited in a reasonably required reserve or replacement fund for the issue and the portion invested as a part of a Minor Portion for the issue. "New Money Issue" means an issue that is not a Refunding Issue. "New Money Portion" means that portion of a Multipurpose Issue other than the Refunding Portion. "Nonpurpose Investments" means any Investment Property that is acquired with Gross Proceeds as an investment and not in carrying out any governmental purpose of an issue. "Nonpurpose Investments" does not include any investment that is not regarded as "investment property" or a "nonpurpose investment" for the particular purposes of Section 148 (such as certain investments in U.S. Treasury obligations in the State and Local Government Series and certain temporary investments), but does include any other investment that is a "nonpurpose investment" within the applicable meaning of Section 148. "Placed in Service" means the date on which, based on all the facts and circumstances, a facility has reached a degree of completion that would permit its operation at substantially its design level and the facility is, in fact, in operation at such level. "Pre -Issuance Accrued Interest" means interest on an obligation that accrued for a period not greater than one year before its Issuance Date and that will be paid within one year after such Issuance Date. "Preliminary Expenditures" means any Capital Expenditures that are "preliminary expenditures" within the meaning of Regulations § 1.150-2(f)(2), i.e., architectural, engineering, surveying, soil testing, reimbursement bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction, or rehabilitation of a project other than land acquisition, site preparation, and similar costs incident to commencement of construction. The aggregate amount of Preliminary Expenditures may not exceed 20% of the aggregate Issue Price of the issue or issues that financed or are reasonably expected to finance the project for which such Preliminary Expenditures are or were incurred. A-6 Marana Town Council Regular Meeting Agenda Packet Page 190 of 561 May 21, 2024 "Prior Issue" means an issue of obligations all or a portion of the Debt Service on which is paid or provided for with Proceeds of a Refunding Issue. The Prior Issue may be a Refunding Issue. "Private Activity Bond" means (a) obligations of an issue more than 10% of the Proceeds of which, directly or indirectly, are or are to be used for a Private Business Use and more than 10% of the Debt Service on which, directly or indirectly, is or is to be paid from or secured by payments with respect to property, or secured by property, used for a Private Business Use, or (b) obligations of an issue, the Proceeds of which are or are to be used to make or finance loans to any Private Person that, in the aggregate, exceed the lesser of 5% of such Proceeds or $5,000,000. In the event of Unrelated or Disproportionate Use, the tests in (a) shall be applied by substituting 5% for 10% each place the latter term is used. "Private Business Use" means use (directly or indirectly) in a trade or business carried on by any Private Person other than use as a member of, and on the same basis as, the general public. Any activity carried on by a Private Person (other than a natural person) shall be treated as a trade or business. In the case of a Qualified 501(c)(3) Bond, Private Business Use excludes use by a 501(c)(3) Organization that is not an unrelated trade or business activity by such 501(c)(3) Organization within the meaning of Section 513(a). "Private Person" means any natural person or any artificial person, including a corporation, partnership, trust or other entity, other than a Governmental Unit. "Private Person" includes the United States and any agency or instrumentality of the United States. "Proceeds" means any Sale Proceeds, Investment Proceeds, and Transferred Proceeds of an issue. "Proceeds" does not include Replacement Proceeds. "Qualified Administrative Costs" means reasonable direct administrative costs (other than carrying costs) such as separately stated brokerage or selling commissions, but not legal and accounting fees, recordkeeping, custody and similar costs. General overhead costs and similar indirect costs of the Issuer such as employee salaries and office expenses and costs associated with computing the Rebate Amount are not Qualified Administrative Costs. "Qualified 501(c)(3) Bonds" means an issue of obligations that satisfies the requirements of Section 145(a). "Qualified Guarantee" means any guarantee of an obligation that constitutes a "qualified guarantee" within the meaning of Regulations § 1.148-4(f). "Qualified Hedge" means a Hedge that is a "qualified hedge" within the meaning of Regulations § 1.148-4(h)(2). "Rebate Amount" means the excess of the future value, as of any date, of all receipts on Nonpurpose Investments acquired with Gross Proceeds of an issue over the future value, as of that date, of all payments on those Nonpurpose Investments, computed in accordance with Section 148(f) and Regulations § 1.148-3. A-7 Marana Town Council Regular Meeting Agenda Packet Page 191 of 561 May 21, 2024 "Refunded Bonds" means obligations of a Prior Issue the Debt Service on which is or is to be paid from Proceeds of a Refunding Issue. "Refunding Bonds" means obligations of a Refunding Issue. "Refunding Issue" means an issue the Proceeds of which are or are to be used to pay Debt Service on Refunded Bonds and includes Issuance Costs, Pre -Issuance Accrued Interest or permitted capitalized interest, a reasonably required reserve or replacement fund and similar costs of the Refunding Issue. "Refunding Escrow" means one or more funds established as part of a single transaction, or a series of related transactions, containing Proceeds of a Refunding Issue and any other amounts to be used to pay Debt Service on Refunded Bonds of one or more issues. "Refunding Portion" means that portion of a Multipurpose Issue the Proceeds of which are, or are to be, used to pay Debt Service on Refunded Bonds and includes Issuance Costs, Pre -Issuance Accrued Interest or permitted capitalized interest, a reasonably required reserve or replacement fund and similar costs properly allocable to the Refunding Portion. "Regulations" or "Reg." means Treasury Regulations. "Reimbursement Allocation" means an allocation of the Proceeds of an issue for the Reimbursement of Prior Capital Expenditures, other than Preliminary Expenditures, that meets each of the following requirements: (a) is evidenced on the books or records of the Issuer maintained with respect to the issue, (b) the allocation entry identifies either actual prior Capital Expenditures, or the fund or account from which the prior Capital Expenditures were paid, and (c) evidences the Issuer's use of Proceeds of the issue to reimburse a Capital Expenditure for a governmental purpose that was originally paid from a source other than the Proceeds of the issue. "Reimbursement of Prior Capital Expenditures" means a Reimbursement Allocation of Proceeds of the Issue to a Capital Expenditure paid prior to the Issuance Date of such Issue, that satisfies the following requirements: (a) the Capital Expenditure was paid after March 1, 1992; (b) prior to, or within 60 days after, payment of the Capital Expenditure (except Preliminary Expenditures), the Issuer adopted an official intent for the Capital Expenditure that satisfies Regulations § 1.150-2(e); and (c) except for Preliminary Expenditures, the Reimbursement Allocation occurs or will occur within 18 months after the later of the date the Capital Expenditure was paid or the date the project resulting from such Capital Expenditure was Placed in Service or abandoned, but in no event more than 3 years after the Capital Expenditure was paid. "Related Party" means, in reference to a Governmental Unit or 501(c)(3) Organization, any member of the same Controlled Group and, in reference to any person that is not a Governmental Unit or 501(c)(3) Organization, a "related person" as defined in Section 144(a)(3) of the Code. A-8 Marana Town Council Regular Meeting Agenda Packet Page 192 of 561 May 21, 2024 "Replacement Proceeds" means, with respect to an issue, amounts (including any investment income, but excluding any Proceeds of any issue) replaced by Proceeds of that issue within the meaning of Section 148(a)(2). "Replacement Proceeds" includes amounts, other than Proceeds, held in a sinking fund, pledged fund or reserve or replacement fund for an issue. "Sale Date" means, with respect to an issue, the first date on which there is a binding contract in writing with the Issuer for the sale and purchase of an issue (or of respective obligations of the issue if sold by the Issuer on different dates) on specific terms that are not later modified or adjusted in any material respect. "Sale Proceeds" means that portion of the Issue Price actually or constructively received by the Issuer upon the sale or other disposition of an issue, including any underwriter's compensation withheld from the Issue Price, but excluding Pre -Issuance Accrued Interest. "Spendable Proceeds" means the Net Sale Proceeds of an issue. "Tax -Exempt Obligation" means any obligation or issue of obligations (including bonds, notes and lease obligations treated for federal income tax purposes as evidences of indebtedness) the interest on which is excluded from gross income for federal income tax purposes within the meaning of Section 150, and includes any obligation or any investment treated as a "tax-exempt bond" for the applicable purpose of Section 148. "Tax -Exempt Organization" means a Governmental Unit or a 501(c)(3) Organization. "Temporary Period" means the period of time, as set forth in the Tax Compliance Certificate, applicable to particular categories of Proceeds of an issue during which such category of Proceeds may be invested in Higher Yielding Investments without the issue being treated as arbitrage bonds under Section 148. "Transferred Proceeds" means that portion of the Proceeds of an issue (including any Transferred Proceeds of that issue) that remains unexpended at the time that any portion of the principal of the Refunded Bonds of that issue is discharged with the Proceeds of a Refunding Issue and that thereupon becomes Proceeds of the Refunding Issue as provided in Regulations § 1.148-9(b). "Transferred Proceeds" does not include any Replacement Proceeds. "Unrelated or Disproportionate Use" means Private Business Use that is not related to or is disproportionate to use by a Governmental Unit within the meaning of Section 141(b)(3) and Regulations § 1.141-9. "Variable Yield Issue" means any Issue that is not a Fixed Yield Issue. "Working Capital Expenditures" means any costs of a type that do not constitute Capital Expenditures, including current operating expenses. A-9 Marana Town Council Regular Meeting Agenda Packet Page 193 of 561 May 21, 2024 "Yield" has the meaning assigned to it for purposes of Section 148 of the Code, and means that discount rate (stated as an annual percentage) that, when used in computing the present worth of all applicable unconditionally payable payments of Debt Service, all payments for a Qualified Guarantee, if any, and all payments and receipts with respect to a Qualified Hedge, if any, paid and to be paid with respect to an obligation (paid and to be paid during and attributable to the Yield Period in the case of a Variable Yield Issue), produces an amount equal to (a) the Issue Price in the case of a Fixed Yield Issue or the present value of the Issue Price at the commencement of the applicable Yield Period in the case of a Variable Yield Issue, or (b) the purchase price for yield purposes in the case of Investment Property, all subject to the applicable methods of computation provided for under Section 148, including variations from the foregoing. The Yield on Investment Property in which Proceeds or Replacement Proceeds of an issue are invested is computed on a basis consistent with the computation of Yield on that issue, including the same compounding interval of not more than one year selected by the Issuer. "Yield Period" means, in the case of the first Yield Period, the period that commences on the Issuance Date and ends at the close of business on the first Computation Date and, in the case of each succeeding Yield Period, the period that begins immediately after the end of the immediately preceding Yield Period and ends at the close of business on the next succeeding Computation Date. The terms "bond", "obligation", "reasonably required reserve or replacement fund", "reserve or replacement fund", "loan", "sinking fund", "purpose investment", "same plan of financing", "other replacement proceeds", and other terms relating to Code provisions used but not defined in this Certificate shall have the meanings given to them for purposes of Sections 103 and 141 to 150 unless the context indicates another meaning. (End of Attachment A) A-10 Marana Town Council Regular Meeting Agenda Packet Page 194 of 561 May 21, 2024 ATTACHMENT A- I to Tax Compliance Certificate of Local Borrower INSTRUCTIONS FOR COMPLIANCE WITH REBATE REQUIREMENTS OF SECTION 148(f) OF THE CODE. The Issuer covenanted in the Loan Agreement and Tax Compliance Certificate to comply with the arbitrage rebate requirement of Section 148(f) of the Code. These Instructions provide guidance for that compliance, including the spending exceptions that free the Issue from all or part of the rebate requirements. PART L• GENERAL SECTION 1.01. REBATE GENERALLY. The Rebate Amount' with respect to the Issue must be paid (rebated) to the United States to prevent the bonds of the Issue from being arbitrage bonds, the interest on which is subject to federal income tax. In general, the Rebate Amount is the amount by which the actual earnings on Nonpurpose Investments purchased (or deemed to have been purchased) with Gross Proceeds of the Issue exceed the amount of earnings that would have been received if those Nonpurpose Investments had a Yield equal to the Yield on the Issue.2 Stated differently, the Rebate Amount for the Issue as of any date is the excess of the Future Value, as of that date, of all Receipts on Nonpurpose Investments over the Future Value, as of that date, of all Payments on Nonpurpose Investments, computed using the Yield on the Issue as the Future Value rate.3 If the Issue is a Fixed Yield Issue, the Yield on the Issue generally is the Yield to maturity, taking into account mandatory redemptions prior to maturity. If the Issue is a Variable Yield Issue, the Yield on the Issue is computed separately for each Yield Period selected by the Issuer. SECTION 1.02. SPECIAL DEFINITIONS. Capitalized terms that are not defined in these Instructions are defined in Attachment A to the Tax Compliance Certificate of the Issuer. Amounts earned on the Bona Fide Debt Service Fund for the Issue are not taken into account in determining the Rebate Amount since none of the obligations of the Issue are Private Activity Bonds, the rates of interest on the Issue do not vary and the average maturity of the Issue is at least 5 years. The scope of these Instructions does not permit a detailed description of the computation of the Rebate Amount with respect to the Issue. If you need assistance in computing the Rebate Amount on the Issue, please contact your bond counsel. A-1-1 Marana Town Council Regular Meeting Agenda Packet Page 195 of 561 May 21, 2024 For purposes of these Instructions, the following terms shall have the following meanings. "Available Construction Proceeds" means an amount equal to (a) the sum of (i) the Issue Price of the issue, (ii) Investment Proceeds on that Issue Price, (iii) earnings on any reasonably required reserve or replacement fund allocated to the issue not funded from the Issue Price, and (iv) Investment Proceeds and earnings on (ii) and (iii), (b) reduced by the portions, if any, of the Issue Price of the issue (i) attributable to Pre -Issuance Accrued Interest and earnings thereon, (ii) allocated to the Underwriter's discount, (iii) used to pay other Issuance Costs of the issue, and (iv) deposited in a reasonably required reserve or replacement fund allocated to the issue. Available Construction Proceeds do not include Investment Proceeds or earnings on a reasonably required reserve or replacement fund allocated to the issue for any period after the earlier of (a) the close of the 2-year period that begins on the Issuance Date or (b) the date the construction of the Projects financed by the issue is substantially completed. If the issue consists of a New Money Portion and a Refunding Portion and the New Money Portion is a Construction Issue, this definition shall be applied by substituting "New Money Portion" for "issue" each place the latter term appears. If the issue or the New Money Portion, as applicable, is not a Construction Issue, and the Issuer makes the election under Regulations § 1. 148-70)(1) and Section 148(f)(4)(C)(v) to treat the issue or the New Money Portion as two separate issues consisting of the Construction Portion and the Nonconstruction Portion, this definition shall be applied by substituting "Construction Portion" for "issue" each place the latter term appears. "Bifurcated Issue" means a New Money Issue or the New Money Portion of a Multipurpose Issue that the Issuer, pursuant to Section 148(f)(4)(C)(v) and Regulations § 1.148-70), has elected in its Tax Compliance Certificate to bifurcate into a Construction Portion and a Nonconstruction Portion. "Bond Counsel's Opinion" means an opinion or opinions of a nationally recognized bond counsel firm whose opinion is given with respect to the Issue when issued, or its successors or other nationally recognized bond counsel appointed by the Issuer. "Bond Year" means the annual period relevant to the application of Section 148(f) to the issue, except that the first and last Bond Years may be less than 12 months long. The last day of a Bond Year shall be the close of business on the day preceding the anniversary of the Issuance Date of the issue unless the Issuer selects another date on which to end a Bond Year in the manner permitted by the Code. "Computation Date" means each date on which the Rebate Amount for an issue is required to be computed under Regulations § 1.148-3(e). In the case of a Fixed Yield Issue, the first Computation Date shall not be later than 5 years after the Issuance Date of the issue. Subsequent Computation Dates shall be not later than 5 years after the immediately preceding Computation Date for which an installment payment of the Rebate Amount was paid. In the case of a Variable Yield Issue, the first Computation Date shall be the last day of any Bond Year irrevocably selected by the Issuer ending on or before the fifth anniversary of the Issuance Date of such issue and A- 1-2 Marana Town Council Regular Meeting Agenda Packet Page 196 of 561 May 21, 2024 subsequent Computation Dates shall be the last day of each Bond Year thereafter or each fifth Bond Year thereafter, whichever is irrevocably selected by the Issuer after the first date on which any portion of the Rebate Amount is required to be paid to the United States. The final Computation Date is the date an issue is retired. "Construction Expenditures" means Capital Expenditures allocable to the cost of real property (including the construction or making of improvements to real property, but excluding acquisitions of interests in land or other existing real property) or constructed personal property within the meaning of Regulations § 1.148-7(g). "Construction Issue" means an issue at least 75 percent of the Available Construction Proceeds of which are to be used for Construction Expenditures with respect to property which is or is to be owned by a Governmental Unit or a 501(c)(3) Organization. If an election has been made in the Issuer's Tax Compliance Certificate to bifurcate an issue or the New Money Portion, the Construction Portion (i.e., that portion of the issue or the New Money Portion which satisfies the 75 percent test stated in the preceding sentence and which finances 100% of the Construction Expenditures) is treated as the Construction Issue and the balance of the issue or the New Money Portion is treated as the Nonconstruction Portion. "Fixed Yield Issue" means an issue of obligations the Yield on which is fixed and determinable on the Issuance Date. "Future Value" means the value of a Payment or Receipt at the end of a period determined using the economic accrual method as the value of that Payment or Receipt when it is paid or received (or treated as paid or received), plus interest assumed to be earned and compounded over the period at a rate equal to the Yield on the Issue, using the same compounding interval and financial conventions that were used to compute that Yield. "Guaranteed Investment Contract" means any Nonpurpose Investment that has specifically negotiated withdrawal or retirement provisions and a specifically negotiated interest rate and any agreement to supply investments on two or more future dates (ems., a forward supply contract). "Multipurpose Issue" means an issue that consists of a Refunding Portion and a New Money Portion. "Payment" means payments actually or constructively made to acquire Nonpurpose Investments, as specified in Regulations §1.148-3(d)(1)i) through (v). "Qualified Administrative Costs" means the reasonable, direct administrative costs, other than carrying costs, of purchasing or selling Nonpurpose Investments such as separately stated brokerage or selling commissions. Qualified Administrative Costs do not include legal and accounting fees, recordkeeping, custody, and similar costs, general overhead costs and similar indirect costs of the Issuer such as employee salaries and office expenses and costs associated with computing the Rebate Amount. In general, Qualified Administrative Costs are not reasonable unless they are comparable to administrative costs that would be charged for the same investment or A- 1-3 Marana Town Council Regular Meeting Agenda Packet Page 197 of 561 May 21, 2024 a reasonably comparable investment if acquired with a source of funds other than Gross Proceeds of Tax -Exempt Obligations. "Reasonable Retainage" means an amount, not to exceed 5% of the Net Sale Proceeds of the Issue, that is retained for reasonable business purposes relating to the property financed with Proceeds of the Issue. For example, Reasonable Retainage may include a retention to ensure or promote compliance with a construction contract in circumstances in which the retained amount is not yet payable, or in which the Issuer reasonably determines that a dispute exists regarding completion or payment. "Rebate Analyst" means an independent individual, firm or entity experienced in the computation of the Rebate Amount pursuant to Section 148(f) of the Code. "Receipt" means amounts actually or constructively received from Nonpurpose Investments as specified in Regulations § 1.148-3(d)(2)(i) through (iii). "Variable Yield Issue" means any issue that is not a Fixed Yield Issue. "Yield Period" means, in the case of the first Yield Period, the period that commences on the Issuance Date and ends at the close of business on the first Computation Date and, in the case of each succeeding Yield Period, the period that begins immediately after the end of the immediately preceding Yield Period and ends at the close of business on the next succeeding Computation Date. PART II: EXCEPTIONS TO REBATE SECTION 2.01. SPENDING EXCEPTIONS. The rebate requirements with respect to the Issue are deemed to have been satisfied if any one of three spending exceptions (the 6-Month, the 18-Month, or the 2-Year Spending Exception, collectively, the "Spending Exceptions") is satisfied. The Spending Exceptions are each independent exceptions. The Issue need not meet the requirements of any other exception in order to use any one of the three exceptions. For example, a Construction Issue may qualify for the 6-Month Spending Exception or the 18-Month Spending Exception even though the Issuer makes one or more elections under the 2-Year Exception with respect to the Issue. The following rules apply for purposes of all of the Spending Exceptions except as otherwise noted. Refundin Issues. ssues. The only spending exception available for a Refunding Issue is the 6-Month Spending Exception. For purposes of these Instructions, references to "Refunding Issue" include the Refunding Portion of a Multipurpose Issue. A- 1-4 Marana Town Council Regular Meeting Agenda Packet Page 198 of 561 May 21, 2024 Special Transferred Proceeds Rules. In applying the Spending Exceptions to a Refunding Issue, unspent Proceeds of the Prior Issue that become Transferred Proceeds of the Refunding Issue are ignored. If the Prior Issue satisfies one of the rebate Spending Exceptions, the Proceeds of the Prior Issue that are excepted from rebate under that exception are not subject to rebate either as Proceeds of the Prior Issue or as Transferred Proceeds of the Refunding Issue. However, if the Prior Issue does not satisfy any of the Spending Exceptions and is not otherwise exempt from rebate, the Transferred Proceeds from the Prior Issue will be subject to rebate, even if the Refunding Issue satisfies the 6-Month Spending Exception. The Rebate Amount will be calculated on the Transferred Proceeds on the basis of the Yield of the Prior Issue up to each transfer date and on the basis of the Yield of the Refunding Issue after each transfer date. Application of Spending Exceptions to a Multipurpose Issue. If the Issue is a Multipurpose Issue, the Refunding Portion and the New Money Portion are treated for purposes of the rebate Spending Exceptions as separate issues. Thus, the Refunding Portion is eligible to use only the 6-Month Spending Exception. The New Money Portion is eligible to use any of the three Spending Exceptions. Expenditures for Governmental Purposes of the Issue. Each of the spending exceptions requires that expenditures of Gross Proceeds be for the governmental purposes of the Issue. These purposes include payment of interest (but not principal) on the Issue. SECTION 2.02. 6-MONTH SPENDING EXCEPTION. The Issue will be treated as satisfying the rebate requirements if all of the Gross Proceeds of the Issue are allocated to expenditures for the governmental purposes of the Issue within the 6-month period beginning on the Issuance Date and the Rebate Amount, if any, with respect to earnings on amounts deposited in a reasonably required reserve or replacement fund or a Bona Fide Debt Service Fund if and to the extent that such Fund is subject to rebate (see footnote 3) is timely paid to the United States. If no bond of the Issue is a Private Activity Bond (other than a Qualified 501(c)(3) Bond) or a tax or revenue anticipation bond, the 6-month period is extended for an additional 6 months if the unexpended Gross Proceeds of the Issue at the end of the 6-month period do not exceed the lesser of 5% of the Proceeds of the Issue or $100,000. For purposes of the 6-Month Spending Exception, Gross Proceeds required to be spent within 6 months do not include amounts in a reasonably required reserve or replacement fund for the Issue or in a Bona Fide Debt Service Fund for the Issue. A- 1-5 Marana Town Council Regular Meeting Agenda Packet Page 199 of 561 May 21, 2024 SECTION 2.03. 18-MONTH SPENDING EXCEPTION. The Issue (or the New Money Portion if the Issue is a Multipurpose Issue) is treated as satisfying the rebate requirement if the conditions set forth in (A), (B) and (C) are satisfied. (A) All of the Gross Proceeds of the Issue (excluding amounts in a reasonably required reserve or replacement fund for the Issue or in a Bona Fide Debt Service Fund for the Issue) are allocated to expenditures for the governmental purposes of the Issue in accordance with the following schedule, measured from the Issuance Date: (1) at least 15% within 6 months; (2) at least 60% within 12 months; and (3) 100% within 18 months, subject to the Reasonable Retainage exception described below. (B) The Rebate Amount, if any, with respect to earnings on amounts deposited in a reasonably required reserve or replacement fund or in a Bona Fide Debt Service Fund for the Issue, to the extent such Fund is subject to rebate (see footnote 3), is timely paid to the United States. And, (C) The Gross Proceeds of the Issue qualify for the initial 3-year Temporary Period. If the only unspent Gross Proceeds at the end of the 18th month are Reasonable Retainage, the requirement that 100% of the Gross Proceeds be spent by the end of the 18th month is treated as met if the Reasonable Retainage, and all earnings thereon, are spent for the governmental purposes of the Issue within 30 months of the Issuance Date. For purposes of determining whether the spend -down requirements have been met as of the end of each of the first two spending periods, the amount of Investment Proceeds that the Issuer reasonably expects as of the Issuance Date to earn on the Sale Proceeds and Investment Proceeds of the Issue during the 18-month period are included in Gross Proceeds of the Issue. The final spend -down requirement includes actual Investment Proceeds for the entire 18 months. The 18-Month Spending Exception does not apply to the Issue (or the New Money Portion, as applicable) if any portion of the Issue (or New Money Portion) is treated as meeting the rebate requirement under the 2-Year Spending Exception discussed below. This rule prohibits use of the 18-Month Spending Exception for the Nonconstruction Portion of a Bifurcated Issue. The only Spending Exception available for the Nonconstruction Portion of a Bifurcated Issue is the 6-Month Spending Exception. A- 1-6 Marana Town Council Regular Meeting Agenda Packet Page 200 of 561 May 21, 2024 SECTION 2.04. 2-YEAR SPENDING EXCEPTION FOR CERTAIN CONSTRUCTION ISPsI IF, Ps_ (A) In genera. lA Construction Issue no bond of which is a Private Activity Bond (other than a Qualified 501(c)(3) Bond or a Bond that finances property to be owned by a Governmental Unit or a 501(c)(3) Organization) is treated as satisfying the rebate requirement if the Available Construction Proceeds of the Issue are allocated to expenditures for the governmental purposes of the Issue in accordance with the following schedule, measured from the Issuance Date: (1) at least 10% within 6 months; (2) at least 45% within 1 year; (3) at least 75% within 18 months; and (4) 100% within 2 years, subject to the Reasonable Retainage exception described below. Amounts in a Bona Fide Debt Service Fund or a reasonably required reserve or replacement fund for the Issue are not treated as Gross Proceeds for purposes of the expenditure requirements. However, unless the Issuer has elected otherwise in the Tax Compliance Certificate, earnings on amounts in a reasonably required reserve or replacement fund for the Issue are treated as Available Construction Funds during the 2-year period and therefore must be allocated to expenditures for the governmental purposes of the Issue. If the Issuer elected in the Tax Compliance Certificate to exclude from Available Construction Proceeds the Investment Proceeds or earnings on a reasonably required reserve or replacement fund for the Issue during the 2-year spend -down period, the Rebate Amount, if any, with respect to such Investment Proceeds or earnings from the Issuance Date must be timely paid to the United States. If the election is not made, the Rebate Amount, if any, with respect to such Investment Proceeds or earnings after the earlier of the date construction is substantially completed or 2 years after the Issuance Date must be timely paid to the United States. The Rebate Amount, if any, with respect to earnings on amounts in a Bona Fide Debt Service Fund must be timely paid to the extent such Fund is subject to the rebate requirements (see footnote 3). The Issue does not fail to satisfy the spending requirement for the fourth spend -down period (i.e., 100% within 2 years of the Issuance Date) if the only unspent Available Construction Proceeds are amounts for Reasonable Retainage if such amounts (together with all earnings on such amounts) are allocated to expenditures within 3 years of the Issuance Date. For purposes of determining whether the spend -down requirements have been met as of the end of each of the first 3 spend -down periods, Available Construction Proceeds include the amount of Investment Proceeds or earnings that the Issuer reasonably expected as of the Issuance Date to earn during the 2-year period. For purposes of satisfying the final spend -down requirement, A- 1-7 Marana Town Council Regular Meeting Agenda Packet Page 201 of 561 May 21, 2024 Available Construction Proceeds include actual Investment Proceeds or earnings from the Issuance Date through the end of the 2-year period. Available Construction Proceeds do not include Gross Proceeds used to pay Issuance Costs financed by the Issue, but do include earnings on such Proceeds. Thus, an expenditure of Gross Proceeds to pay Issuance Costs does not count toward meeting the spend -down requirements, but expenditures of earnings on such Gross Proceeds to pay Issuance Costs do count. (B) 11/z% penalty in lieu of rebate for Construction Issues. If the Issuer elected in the Tax Compliance Certificate for a Construction Issue, or for the Construction Portion of a Bifurcated Issue, to pay a 11/2% penalty in lieu of the Rebate Amount on Available Construction Proceeds in the event that the Construction Issue fails to satisfy any of the spend -down requirements, the 1 %2% penalty is calculated separately for each spend -down period, including each semi-annual period after the end of the fourth spend -down period until all Available Construction Proceeds have been spent. The penalty is equal to 0.015 times the underexpended Proceeds as of the end of the applicable spend -down period. The fact that no arbitrage is in fact earned during such spend -down period is not relevant. The Rebate Amount with respect to Gross Proceeds other than Available Construction Proceeds (�&, amounts in a reasonably required reserve or replacement fund or in a Bona Fide Debt Service Fund, to the extent subject to rebate (see footnote 3)) must be timely paid. PART III: COMPUTATION AND PAYMENT. SECTION 3.01. COMPUTATION AND PAYMENT OF REBATE AMOUNT. If none of the Spending Exceptions described above is satisfied (and if the 1-1/2% penalty election for a Construction Issue or the Construction Portion of a Bifurcated Issue has not been made), then within 45 days after each Computation Date, the Issuer shall compute, or cause to be computed, the Rebate Amount as of such Computation Date. The first Computation Date is a date selected by the Issuer, but shall be not later than 5 years after the Issuance Date. Each subsequent Computation Date shall end 5 years after the previous Computation Date except that, in a Variable Yield Issue, the Issuer may select annual Yield Periods. The final Computation Date shall be the date the last obligation of the Issue matures or is finally discharged. Within 60 days after each Computation Date (except the final Computation Date), the Issuer shall pay to the United States not less than 90% of the Rebate Amount, if any, computed as of such Computation Date. Within 60 days after the final Computation Date, the Issuer shall pay to the United States 100% of the Rebate Amount, if any, computed as of the final Computation Date. In computing the Rebate Amount, a computation credit of $1,000 may be taken into account on the last day of each Bond Year to the Computation Date during which there are unspent Gross Proceeds that are subject to the rebate requirement, and on the final maturity date. If the operative documents pertaining to the Issue establish a Rebate Fund and require the computation of the Rebate Amount at the end of each Bond Year, the Issuer shall calculate, or cause to be calculated, within 45 days after the end of each Bond Year the Rebate Amount, taking into account the computation credit of $1,000 for each Bond Year. Within 50 days after the end of A-1-8 Marana Town Council Regular Meeting Agenda Packet Page 202 of 561 May 21, 2024 each Bond Year, if the Rebate Amount is positive, the Issuer shall deposit in the Rebate Fund such amount as will cause the amount on deposit therein to equal the Rebate Amount, and may withdraw any amount on deposit in the Rebate Fund in excess of the Rebate Amount. Payments of the Rebate Amount to the Internal Revenue Service on a Computation Date shall be made first from amounts on deposit in the Rebate Fund and second from other amounts specified in the operative documents. Each payment of the Rebate Amount or portion thereof shall be payable to the Internal Revenue Service and shall be made to the Internal Revenue Service Center, Ogden, UT 84201 by certified mail. Each payment shall be accompanied by Internal Revenue Service Form 8038-T and any other form or forms required to be submitted with such remittance. SECTION 3.02. BOOKS AND RECORDS. (A) The Issuer or Trustee, as applicable, shall keep proper books of record and accounts containing complete and correct entries of all transactions relating to the receipt, investment, disbursement, allocation and application of the Gross Proceeds of the Issue. Such records shall specify the account or fund to which each Nonpurpose Investment (or portion thereof) held by the Issuer or Trustee is to be allocated and shall set forth as to each Nonpurpose Investment (1) its purchase price, (2) identifying information, including par amount, interest rate, and payments dates, (3) the amount received at maturity or its sales price, as the case may be, including accrued interest, (4) the amounts and dates of any payments made with respect thereto, and (5) the dates of acquisition and disposition or maturity. The Issuer, Trustee, or Rebate Analyst, as applicable, shall retain the records of all calculations and payments of the Rebate Amount until six years after the retirement of the last obligation that is a part of the Issue. SECTION 3.03. FAIR MARKET VALUE. No Nonpurpose Investment shall be acquired for an amount in excess of its fair market value. No Nonpurpose Investment shall be sold or otherwise disposed of for an amount less than its fair market value. The fair market value of any Nonpurpose Investment shall be the price at which a willing buyer would purchase the Nonpurpose Investment from a willing seller in an arms -length transaction. Fair market value generally is determined on the date on which a contract to purchase or sell the Nonpurpose Investment becomes binding (i.e., the trade date rather than the settlement date). Except as otherwise provided in this Section, a Nonpurpose Investment that is not of a type traded on an established securities market (within the meaning of Section 1273 of the Code) is rebuttably presumed to be acquired or disposed of for a price that is not equal to its fair market value. (A) Obligations purchased directly from the Treasury. The fair market value of a United States Treasury obligation that is purchased directly from the United States Treasury is its purchase price. A-1-9 Marana Town Council Regular Meeting Agenda Packet Page 203 of 561 May 21, 2024 (B) Safe harbor for Guaranteed Investment Contracts. The purchase price of a Guaranteed Investment Contract shall be treated as its fair market value on the purchase date if all the following conditions are met: (1) The Issuer or broker makes a bona fide solicitation for a specified Guaranteed Investment Contract and receives at least three bona fide bids from reasonably competitive providers (of Guaranteed Investment Contracts) that have no material financial interest in the Issue. (2) The Issuer purchases the highest -yielding Guaranteed Investment Contract for which a qualifying bid is made (determined net of broker's fees); (3) The Yield on the Guaranteed Investment Contract (determined net of broker's fees) is not less than the Yield then available from the provider on reasonably comparable Guaranteed Investment Contracts, if any, offered to other persons from a source of funds other than Gross Proceeds of Tax -Exempt Obligations; (4) The determination of the terms of the Guaranteed Investment Contract takes into account as a significant factor the Issuer's reasonably expected drawdown schedule for the amounts to be invested, exclusive of amounts deposited in a Bona Fide Debt Service Fund and a reasonably required reserve or replacement fund; (5) The terms of the Guaranteed Investment Contract, including collateral security requirements, are reasonable; and (6) The obligor on the Guaranteed Investment Contract certifies the administrative costs that it is paying (or expects to pay) to third parties in connection with the Guaranteed Investment Contract. (C) Safe harbor for certificates of deposit. The purchase price of a certificate of deposit shall be treated as its fair market value on the purchase date if all of the following requirements are met: (1) The certificate of deposit has a fixed interest rate, a fixed payment schedule, and a substantial penalty for early withdrawal; and (2) The Yield on the certificate of deposit is not less than (a) the Yield on reasonably comparable direct obligations of the United States, or (b) the highest Yield that is published or posted by the provider to be currently available from the provider on reasonably comparable certificates of deposit offered to the public. Certificates evidencing the foregoing requirements should be obtained before purchasing any Guaranteed Investment Contract or certificate of deposit. A-1-10 Marana Town Council Regular Meeting Agenda Packet Page 204 of 561 May 21, 2024 SECTION 3.04. CONSTRUCTIVE SALE/PURCHASE. (A) Nonpurpose Investments that are held by the Issuer or Trustee as of any Computation Date (or Bond Year if the computations are required to be done annually) shall be treated for purposes of computing the Rebate Amount as of such date as having been sold for their fair market value as of such date. Investment Property which becomes allocated to Gross Proceeds of the Issue on a date after such Investment Property has actually been purchased shall be treated for purposes of the rebate requirements as having been purchased by the Issuer on such date of allocation at its fair market value on such date. (B) For purposes of constructive or deemed sales or purchases of Investment Property (other than Investment Property in the Escrow Fund or that is otherwise not invested for a Temporary Period or is not part of a reasonably required reserve or replacement fund for the Issue) must be valued at its fair market value on the date of constructive or deemed sale or purchase (C) Except as set forth in (B), fixed rate Investment Property that is (1) issued with not more than 2% of original issue discount or original issue premium, (2) issued with original issue premium that is attributable exclusively to reasonable underwriters' compensation or (3) acquired with not more than 2% of market discount or market premium, may be treated as having a fair market value equal to its outstanding stated principal amount, plus accrued interest. Fixed rate Investment Property also may be treated as having a fair market value equal to its present value. SECTION 3.05. ADMINISTRATIVE COSTS. (A) Administrative costs shall not be taken into account in determining the payments for or receipts from a Nonpurpose Investment unless such administrative costs are Qualified Administrative Costs. Thus, administrative costs or expenses paid, directly or indirectly, to purchase, carry, sell, or retire Nonpurpose Investments generally do not increase the Payments for, or reduce the Receipts from, Nonpurpose Investments. (B) Qualified Administrative Costs are taken into account in determining the Payments and Receipts on Nonpurpose Investments and thus increase the Payments for, or decrease the Receipts from, Nonpurpose Investments. In the case of a Guaranteed Investment Contract, a broker's commission or similar fee paid on behalf of either the Issuer or the provider is an administrative cost that is not a Qualified Administrative Cost to the extent that the present value (computed using the taxable discount rate used by the parties to compute the commission or, if not readily ascertainable, a reasonable taxable discount rate) of the commission, as of the date the contract is purchased, exceeds the present value of annual payments equal to 0.05 percent of the weighted average amount reasonably expected to be invested each year during the term of such contract. A-1-11 Marana Town Council Regular Meeting Agenda Packet Page 205 of 561 May 21, 2024 PART IV: COMPLIANCE AND AMENDMENT SECTION 4.01. COMPLIANCE. The Issuer, Trustee or Rebate Analyst, as applicable, shall take all necessary steps to comply with the requirements of these Instructions in order to ensure that interest on the Issue is excluded from gross income for federal income tax purposes under Section 103(a) of the Code. However, compliance shall not be required in the event and to the extent stated therein the Issuer and the Trustee receive a Bond Counsel's Opinion that either (A) compliance with such requirement is not required to maintain the exclusion from gross income for federal income tax purposes of interest on the Issue, or (B) compliance with some other requirement in lieu of such requirement will comply with Section 148(f) of the Code, in which case compliance with the other requirement specified in the Bond Counsel's Opinion shall constitute compliance with such requirement. SECTION 4.02. LIABILITY. If for any reason any requirement of these Instructions is not complied with, the Issuer and the Trustee, if applicable, shall take all necessary and desirable steps to correct such noncompliance within a reasonable period of time after such noncompliance is discovered or should have been discovered with the exercise of reasonable diligence. The Trustee shall have no duty or responsibility to independently verify any of the Issuer's, or the Rebate Analyst's, calculations with respect to the payments of the Rebate Amount due and owing to the United States. Under no circumstances whatsoever shall the Trustee be liable to the Issuer, any bondholder or any other person for any inclusion of the interest on the Issue in gross income for federal income tax purposes, or any claims, demands, damages, liabilities, losses, costs or expenses resulting therefrom or in any way connected therewith, so long as the Trustee acts only in accordance with these Instructions and the operative documents pertaining to the Issue. (End of Attachment A-1) A-1-12 Marana Town Council Regular Meeting Agenda Packet Page 206 of 561 May 21, 2024 The 8038G will be prepared when $50,000 of loan funds have been disbursed Marana Town Council Regular Meeting Agenda Packet Page 207 of 561 May 21, 2024 LOAN AGREEMENT STANDARD TERMS AND CONDITIONS Water Infrastructure Finance Authority of Arizona Marana Town Council Regular Meeting Agenda Packet Page 208 of 561 May 21, 2024 TABLE OF CONTENTS Page ARTICLE 1 COVENANTS OF THE LOCAL BORROWER RELATING TO THE SYSTEM AND THE PROJECT...................................................................................................................................................... 1 Section 1.1 Operation and Maintenance of System....................................................................................... 1 Section 1.2 Additions and Modifications...................................................................................................... 1 Section 1.3 Disposition of Project and System.............................................................................................. 1 Section1.4 Cost of Project............................................................................................................................ 1 ARTICLE 2 ADDITIONAL COVENANTS OF THE LOCAL BORROWER.......................................................... 2 Section 2.1 Unconditional Obligations.......................................................................................................... 2 Section 2.2 Performance Under Loan Agreement......................................................................................... 2 Section 2.3 Disclaimer of Warranties............................................................................................................ 2 Section 2.4 Loan Repayments; Prepayments; Adjustments; Late Charges ................................................... 2 Section 2.5 Source of Repayment of Local Borrower's Obligations and Pledge .......................................... 3 Section2.6 Insurance.................................................................................................................................... 3 Section2.7 No Liens..................................................................................................................................... 3 Section 2.8 Disadvantaged Business Enterprises.......................................................................................... 3 ARTICLE 3 REPRESENTATIONS OF LOCAL BORROWER................................................................................ 5 Section 3.1 Organization and Authority........................................................................................................ 5 Section3.2 Full Disclosure........................................................................................................................... 5 Section3.3 Pending Litigation...................................................................................................................... 5 Section 3.4 Compliance with Existing Laws and Agreements...................................................................... 6 Section3.5 No Defaults................................................................................................................................. 6 Section 3.6 Governmental Consent............................................................................................................... 6 Section 3.7 Compliance with Law................................................................................................................. 6 ARTICLE4 ASSIGNMENT....................................................................................................................................... 7 Section 4.1 Assignment and Transfer by Authority...................................................................................... 7 Section 4.2 Assignment by Local Borrower.................................................................................................. 7 ARTICLE 5 DEFAULTS AND REMEDIES.............................................................................................................. 7 Section5.1 Events of Default........................................................................................................................ 7 Section5.2 Notice of Default........................................................................................................................ 8 Section5.3 Remedies on Default.................................................................................................................. 8 Section 5.4 Attorney's Fees and Other Expenses.......................................................................................... 8 Section 5.5 Application of Moneys............................................................................................................... 8 Section 5.6 No Remedy Exclusive; Waiver; Notice...................................................................................... 8 Section 5.7 Retention of Authority's Rights................................................................................................. 9 Section 5.8 Default by the Authority............................................................................................................. 9 PHOENIX/562066.2 i Marana Town Council Regular Meeting Agenda Packet Page 209 of 561 May 21, 2024 TABLE OF CONTENTS (continued) Page ARTICLE 6 PROVISIONS APPLICABLE TO LOANS FINANCED BY OR PLEDGED TO SECURE AUTHORITYBONDS................................................................................................................................. 9 Section6.1 General....................................................................................................................................... 9 Section6.2 Tax Covenants............................................................................................................................ 9 Section 6.3 Third Party Beneficiaries.......................................................................................................... 10 Section 6.4 Additional Documents Relating to Authority Bonds................................................................ 10 Section 6.5 Disclosure Regarding Authority Bonds.................................................................................... 10 Section 6.6 Assignment and Transfer by Authority to Trustee................................................................... 11 Section 6.7 Conditions to Assignment by Local Borrower......................................................................... 11 Section 6.8 Sale or Other Disposition of Project or System........................................................................ 12 Section 6.9 Deficiencies Under Bond Documents Caused by Failure to Make Loan Repayment .............. 12 Section6.10 Indemnification...................................................................................................................... 12 Section 6.11 Compliance with Master Trust Indenture............................................................................... 12 Section 6.12 Provisions Relating to Default................................................................................................ 12 Section 6.13 Tax Compliance Certificate.................................................................................................... 13 ARTICLE7 MISCELLANEOUS............................................................................................................................. 13 Section7.1 Binding Effect.......................................................................................................................... 13 Section7.2 Severability............................................................................................................................... 13 Section 7.3 Amendments, Supplements and Modifications........................................................................ 13 Section 7.4 Execution in Counterparts........................................................................................................ 13 Section7.5 Captions.................................................................................................................................... 13 Section 7.6 Further Assurances................................................................................................................... 13 Section 7.7 State of Arizona Contract Provisions....................................................................................... 13 ARTICLE 8 DEFINITIONS...................................................................................................................................... 15 Section8.1 Definitions................................................................................................................................ 15 Section 8.2 Rules of Interpretation.............................................................................................................. 18 ARTICLE 9 LIST OF FEDERAL LAWS AND AUTHORITIES............................................................................ 18 PHOENIX/562066.2 ii Marana Town Council Regular Meeting Agenda Packet Page 210 of 561 May 21, 2024 This document sets forth Standard Terms and Conditions applicable to the Loan made by the WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA (the "Authority") to the Local Borrower. These Standard Terms and Conditions are a part of the Loan Agreement to which this document is attached. Certain terms used herein are defined in Article 8. Article 1 Covenants of the Local Borrower Relating to the System and the Project. Section 1.1 Operation and Maintenance of System. The Local Borrower covenants and agrees that it shall, in accordance with prudent utility practice, (a) at all times operate the properties of the System and any business in connection therewith in an efficient manner, (b) maintain the System in good repair, working order and operating condition, and (c) from time to time make all necessary and proper repairs, renewals, replacements, additions, betterments and improvements with respect to the System so that at all times the operations carried on in connection therewith shall be properly and advantageously conducted from revenues of the System or, if the Local Borrower so elects, from any other source of funds lawfully available. Section 1.2 Additions and Modifications. The Local Borrower may make any additions, renewals, replacements, modifications or improvements to the System which it deems desirable and which do not materially reduce the operational integrity of any part of the System. All such renewals, replacements, additions, modifications and improvements shall become a part of the System. Section 1.3 Disposition of Proiect and System. (a) The Local Borrower shall not sell, lease, abandon or otherwise dispose of all or substantially all or any substantial portion of the Project or the System except upon compliance with the provisions of this Section; provided, however that the requirements of this Section shall not apply to transactions which are capital leases within the meaning of generally accepted accounting principles to finance expansion or improvement of the System and under which the Local Borrower maintains a purchaser's interest or other beneficial ownership, use, possession and control of the System so long as no default exists. (b) The Local Borrower may sell, lease, abandon or otherwise dispose of all or substantially all or any substantial portion of the Project or the System if the Local Borrower shall give at least ninety (90) days' prior written notice to the Authority of the proposed transaction, and the Authority gives its written consent which shall not be unreasonably withheld. The Local Borrower understands that the Authority, in determining whether or not to give its consent, must determine that the proposed transaction will not adversely affect the Authority's ability to meet its duties, covenants, obligations and agreements or conditions of any grant received by the Authority or the State from the United States of America, which is related to the Capital Grant Facility or any capitalization grants received by the Authority or the State under the Federal Water Pollution Control Act, as amended, and the Federal Safe Drinking Water Act, as amended. (c) Notwithstanding the provisions of subsection (b) above, the Local Borrower may sell, lease or otherwise dispose of, any of the property comprising part of the System without prior notice to or the consent of the Authority, other than the Project, in either of the following circumstances: (i) If the Local Borrower determines that such property is not necessary, useful or profitable to the operation of the System; or (ii) If the value of such property sold, leased or otherwise disposed of in any one year is equal to not more than 5% of the value of the fixed assets of the System. Section 1.4 Cost of Proiect. The Local Borrower certifies that the estimated Eligible Project Costs as listed in Section 1 of Exhibit B is a reasonable and accurate estimation of the Eligible Project Costs and, upon the direction of the Authority the Local Borrower will supply the Authority with a certificate from its engineer stating that such estimated Eligible Project Costs is a reasonable and accurate estimation. PHOENIX/562066.2 Marana Town Council Regular Meeting Agenda Packet Page 211 of 561 May 21, 2024 Article 2 Additional Covenants of the Local Borrower Section 2.1 Unconditional Obligations. The obligation of the Local Borrower to make the Loan Repayments and the obligation to perform and observe the other duties, covenants, obligations and agreements on its part described herein are payable solely from the Source of Repayment described in this Loan Agreement and shall be absolute and unconditional and shall not be abated, rebated, set-off, reduced, abrogated, terminated, waived, diminished, postponed or otherwise modified in any manner or to any extent whatsoever, while any payments hereunder remain unpaid, regardless of any contingency, act of God, event or cause whatsoever, including (without limitation) any acts or circumstances that may constitute failure of consideration, eviction or constructive eviction, the taking by eminent domain or destruction of or damage to the Project or the System, commercial frustration of the purpose, any change in the laws of the United States of America or of the State or any political subdivision of either or in the rules or regulations of any governmental authority, any failure of the Authority to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with the Project or this Loan Agreement, or any rights of set-off, recoupment, abatement or counterclaim that the Local Borrower might otherwise have against the Authority or any other party or parties; provided, however, that payments under this Loan Agreement shall not constitute a waiver of any such rights. The Local Borrower shall not be obligated to make any payments required to be made by any other local borrowers under separate loan agreements or local borrower bonds. Notwithstanding any other provision of this Section 2.1, or this Loan Agreement, neither the Authority, nor any assignee of the Authority shall have the right or ability to compel the repayment of this Loan Agreement from any source other than the Source of Repayment. Section 2.2 Performance Under Loan Agreement. The Local Borrower covenants and agrees (a) to maintain the System in good repair and operating condition; (b) to cooperate with the Authority to the extent it may lawfully do so, in the observance and performance of the respective duties, covenants, obligations and agreements of such Local Borrower and the Authority under this Loan Agreement; and (c) to comply with the covenants set forth in this Loan Agreement. Section 2.3 Disclaimer of Warranties. The Local Borrower acknowledges and agrees that (i) the Authority makes no warranty or representation, either express or implied as to the value, design, condition, merchantability or fitness for particular purpose or fitness for any use of the System or the Project or any portions thereof or any other warranty or representation with respect thereto; (ii) in no event shall the Authority or its respective agents be liable or responsible for any direct, incidental, indirect, special or consequential damages in connection with or arising out of this Loan Agreement or the Project or the existence, furnishing, functioning or use of the System or the Project; and (iii) are not intended to and shall not be construed as a waiver of any defense or limitation on damages provided for under and pursuant to the laws of the United States or of the State. Section 2.4 Loan Repayments; Prepayments; Providing for Payment of the Loan. (a) Loan Repayments. (i) The Local Borrower shall pay to the Authority the amounts set forth in the Loan Repayment Schedule contained in Exhibit A on or before the due dates shown in Exhibit A. (ii) Each payment made as a Loan Repayment as described in subsection (i) shall be applied first to the combined interest and fee payment then due and payable on the Loan and then to the principal amount of the Loan. (iii) In addition to the other payments required by this Section, the Local Borrower shall pay a late charge for any payment that is received by the Authority later than the tenth day following its due date, in an amount equal to six percent per annum of the amount of the late payment from its due date to the date it is actually paid; provided, however, that the combined interest and fee rate payable on the Loan including such late charge shall not be in excess of the maximum rate permitted by law or any proceedings or resolution authorizing the execution of this Loan Agreement. PHOENIX/562066.2 2 Marana Town Council Regular Meeting Agenda Packet Page 212 of 561 May 21, 2024 (iv) Upon the final disbursement, if the Loan amount is less than the estimated Eligible Project Costs, the amount of each Principal Installment due as set forth in the Loan Repayment Schedule contained in Exhibit A shall be adjusted to achieve substantially level debt service, and the Authority shall compute the adjusted combined interest and fee amounts to reflect the adjusted principal amounts and shall enter the results in a revised Loan Repayment Schedule delivered to the Local Borrower. (b) Prepayments. The Loan is not subject to prepayment prior to the tenth anniversary of the final loan draw. The Local Borrower may prepay the Principal Repayment Amount of the Loan in whole or in part in advance of the due dates on or after the tenth anniversary of the final loan draw without penalty upon written notice delivered to the Authority at least 60 days prior to the prepayment date. If the Local Borrower prepays the Repayment Principal Amount in part, the amount of each Principal Installment due as set forth in the Loan Repayment Schedule contained in Exhibit A shall be adjusted to achieve substantially level debt service. Upon such adjustment, the Authority shall compute the adjusted combined interest and fees amounts to reflect the adjusted principal amounts and shall enter the results in the Loan Repayment Schedule with notice to the Local Borrower. (c) Providingfor or Payment of the Loan. The Local Borrower may at any time provide for the payment and discharge of the Loan, as provided in this subsection. The Loan shall be deemed to have been paid and discharged if- (i) the Local Borrower has delivered to the Authority proof satisfactory to the Authority that the Local Borrower has deposited with a financial institution acceptable to the Authority, in trust for and irrevocably committed to payments on the Loan, cash or non -callable direct obligations of the United States of America (including obligations issued or held in book entry form on the books of the Department of Treasury of the United States of America) and obligations of any agency or instrumentality of the United States of America the timely payment of the principal of and interest on which are unconditionally guaranteed by the United States of America, which are of such maturities and interest payment dates, and bear such interest, as will be sufficient together with any moneys also deposited, without further investment or reinvestment of either the principal amount or the interest earnings (which earnings are to be held likewise in trust and so committed), to pay all the amounts due under the Loan, as set forth in the Loan Repayment Schedule contained in Exhibit A, as evidenced in a report of an independent firm of nationally recognized certified public accountants addressed to and delivered to the Authority; and (ii) the Authority has received a bond counsel opinion (as described in Section 6.2(b) and (c) below) to the effect that the deposit of funds and the investment of such deposit, as described in the preceding paragraph, will not, by itself, adversely affect the exclusion from gross income of interest on the Loan or any Authority Bonds for federal income tax purposes. Section 2.5 Source of Repayment of Local Borrower's Obligations and Pledge. The Local Borrower irrevocably pledges the Source of Repayment described in this Loan Agreement for the punctual payment of all amounts due under the Loan Agreement. The Authority and the Local Borrower agree that the amounts payable by the Local Borrower under this Loan Agreement are payable solely from the Source of Repayment described in this Loan Agreement and are not payable from any other source whatsoever, unless the Local Borrower chooses to pay, and pays, any amount due hereunder from any other source lawfully available to it. Section 2.6 Insurance. The Local Borrower shall maintain or cause to be maintained in force, insurance policies with responsible insurers or self-insurance programs or through membership in a risk retention pool, including, but not limited to, the Arizona Municipal Risk Retention Pool (in accordance with the Local Borrower's customary practices) providing against risk of direct physical loss, damage or destruction of the Project and the System, at least to the extent that similar insurance is usually carried by utilities constructing, operating and maintaining system facilities of the nature of the System, including liability coverage, all to the extent available at reasonable cost. Section 2.7 No Liens. Except for: (a) the debt service on any future bonds, notes or other evidence of indebtedness of the Local Borrower issued or contractual obligations incurred in accordance with this Loan Agreement payable from the funds pledged to the payment of this Loan Agreement which are on parity with the lien and charge on the funds so pledged to pay this Loan Agreement and PHOENIX/562066.2 3 Marana Town Council Regular Meeting Agenda Packet Page 213 of 561 May 21, 2024 (b) as provided in Exhibit D of this Loan Agreement, the debt service on currently outstanding bonds, notes or evidences of indebtedness or contractual obligations of the Local Borrower, if any, payable from the Source of Repayment described in Exhibit D of this Loan Agreement which the Local Borrower has disclosed to the Authority in writing, the funds so pledged as described in this Loan Agreement after the payment of all costs of operating and maintaining the System, are and will be free and clear of any pledge, lien, charge or encumbrance thereon or with respect thereto which are prior to, or of equal rank with, the obligation of the Local Borrower to pay this Loan Agreement, and all corporate or other action on the part of the Local Borrower to that end has been and will be duly and validly taken. Section 2.8 Disadvantaud Business Enterprises. As applicable, the Local Borrower shall comply with 40 C.F.R Part 331including but not limited to: Local Borrowers and their prime contractors must follow, document, and maintain documentation of their good faith efforts as listed below to ensure that Disadvantage Business Enterprises (DBEs) have the opportunity to participate in the project by increasing DBE awareness of procurement efforts and outreach. (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities; including placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could be subcontracted with DBEs. This will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U. S. Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in sections (a) through (e) above. These conditions must be included in all procurement contracts entered into by the Local Borrower for all DWRF and CWRF projects: (a) The prime contractor must pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the owner. (b) The prime contractor must notify the owner in writing prior to the termination of any Disadvantage Business Enterprise subcontractor for convenience by the prime contractor. (c) If a Disadvantage Business Enterprise contractor fails to complete work under the subcontract for any reason, the prime contractor must employ the six good faith efforts if soliciting a replacement contractor. 1 See Article 9 for a full list of applicable federal laws and authorities relating to Participation by Disadvantaged Business Enterprises in Procurement Under Environmental Protection Agency (EPA) Financial Assistance Agreements. PHOENIX/562066.2 4 Marana Town Council Regular Meeting Agenda Packet Page 214 of 561 May 21, 2024 (d) The prime contractor must continue to employ the six good faith efforts even if the prime contractor has achieved its fair share objectives. (e) The prime contractor must provide EPA Form 6100-2 DBE Program Subcontractor Participation Form to all of its Disadvantaged Business Enterprise subcontractors. Disadvantaged Business Enterprise subcontractors may send completed Form 6100-2 directly to the Region 9 DBE Coordinator listed below. Joe Ochab, EPA Region 9, 75 Hawthorne St. (P-22), San Francisco, CA 94105 (f) The prime contractor must have its Disadvantaged Business Enterprise subcontractors complete EPA Form 6100-3 — DBE Program Subcontractor Performance Form. The prime contractor must include all completed forms as part of the prime contractor's bid or proposal package to the Local Borrower. (g) The prime contractor must complete and submit EPA 6100-4 DBE Program Subcontractor Utilization Form as part of the prime contractor's bid or proposal package to the Local Borrower. (h) A Local Borrower must ensure that each procurement contract it awards contains the following terms and conditions: The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. Article 3 Representations of Local Borrower The Local Borrower represents for the benefit of the Authority that the representations contained in this Loan Agreement are true at the time of execution and delivery of this Loan Agreement and, other than with respect to events outside of Local Borrower's control, will be true in all material respects at all times during the term of this Loan Agreement. Section 3.1 Omanization and Authority. (a) The Local Borrower is a Political Subdivision or Indian Tribe as defined in the Authority Act. (b) The Local Borrower has full legal right and authority and has, or will obtain as and when required, all necessary licenses and permits required to acquire, own, operate and maintain the Project and the System, to carry on its activities relating thereto, to execute and deliver this Loan Agreement, to undertake and complete the Project, to pledge the Source of Repayment, and to carry out and consummate all transactions contemplated by this Loan Agreement. The Project is a project which the Local Borrower may undertake pursuant to State law and for which the Local Borrower is authorized by law to borrow money. (c) The proceedings of the Local Borrower's governing body approving this Loan Agreement and authorizing its execution, issuance and delivery on behalf of the Local Borrower, and authorizing the Local Borrower to undertake and complete the Project have been duly and lawfully adopted in accordance with the laws of the State. (d) This Loan Agreement has been duly authorized, executed and delivered by an Authorized Officer of the Local Borrower; and, assuming that the Authority has all the requisite power and authority to authorize, execute and deliver, and has duly authorized, executed and delivered this Loan Agreement, this Loan Agreement constitutes a legal and valid obligation of the Local Borrower enforceable in accordance with its terms, and the information contained under "Description of the Loan" in this Loan Agreement is true and accurate in all material respects. PHOENIX/562066.2 5 Marana Town Council Regular Meeting Agenda Packet Page 215 of 561 May 21, 2024 Section 3.2 Full Disclosure. (a) To the best of the Local Borrower's knowledge, there is no fact that the Local Borrower has not disclosed to the Authority in writing that materially adversely affects the properties, activities, prospects or condition (financial or otherwise) of the Local Borrower or the System, or the ability of the Local Borrower to make all Loan Repayments due hereunder and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement. (b) The information relating to the Local Borrower (including without limitation the financial and statistical data contained therein) submitted to the Authority by the Local Borrower in connection with the Authority's approval of the Loan was at the time of the Authority's approval of the Loan and at all times subsequent thereto up to and including the Loan Closing, will be (if necessary by amendment provided by the Local Borrower) true and correct and will not contain an untrue statement of material fact or omit to state a material fact necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading in any adverse respect. To the extent permitted by law, and notwithstanding any other provision of this Loan Agreement, the Local Borrower will indemnify, save and hold harmless the Authority, and each of the Authority's agents, for, from and against any and all claims, damages, liability and court awards including costs, expenses and reasonable attorneys' fees incurred as a result of any omission or misstatement of material fact in the information submitted to the Authority by the Local Borrower in connection with the Authority's approval of the Loan, as it may have been supplemented and amended by the Local Borrower. Section 3.3 Pending Litigation. There are no proceedings pending, or to the knowledge of the Local Borrower, threatened, against or affecting the Local Borrower, in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would materially adversely affect the properties, activities, prospects or condition (financial or otherwise) of the Local Borrower or the System, or the ability of the Local Borrower to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement that have not been disclosed in writing to the Authority in the Local Borrower's application for the Loan or otherwise. Section 3.4 Compliance with Existing Laws and Agreements. The authorization, execution and delivery of this Loan Agreement by the Local Borrower, the observance and performance by the Local Borrower of its duties, covenants, obligations and agreements hereunder and the consummation of the transactions provided for in this Loan Agreement, the compliance by the Local Borrower with the provisions of this Loan Agreement and the undertaking and completion of the Project will not result in any breach of any of the terms, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Local Borrower pursuant to any existing ordinance or resolution, trust agreement, indenture, mortgage, deed of trust, loan agreement or other instrument (other than the lien and charge of this Loan Agreement and any ordinance or resolution or indenture which authorized outstanding obligations of the Local Borrower which are on a parity with this Loan Agreement as to a lien on, or a source and security for, payment thereon from the source of payment that is pledged to the Loan Repayments) to which the Local Borrower is a party or by which the Local Borrower, the System or any of its property or assets may be bound, nor will such action result in any violation of the provisions of the charter or other document pursuant to which the Local Borrower was established or any laws, ordinances, resolutions, governmental rules, regulations or court orders to which the Local Borrower, the System or its properties or operations are subject. Section 3.5 No Defaults. No event has occurred and no condition exists that, upon authorization, execution and delivery of this Loan Agreement or receipt of the amount of the Loan, would constitute an Event of Default hereunder. The Local Borrower is not in violation of, and has not received notice of any claimed violation of, any term of any agreement or other instrument to which it is a party or by which it may be bound, which violation would materially adversely affect the properties, activities, prospects or condition (financial or otherwise) of the Local Borrower or the ability of the Local Borrower to make all Loan Repayments or otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement. Section 3.6 Governmental Consent. The Local Borrower has or will have obtained prior to the date of the Loan Closing all permits and approvals required to date by any governmental body or officer (and reasonably expects to receive all permits required in the future by any governmental agency) for the making, observance and performance PHOENIX/562066.2 6 Marana Town Council Regular Meeting Agenda Packet Page 216 of 561 May 21, 2024 by the Local Borrower of its duties, obligations and agreements under this Loan Agreement or for the undertaking or completion of the Project and the financing thereof, and the Local Borrower has complied with all applicable provisions of law requiring any notification, declaration, filing or registration with any governmental body or officer in connection with the making, observance and performance by the Local Borrower of its duties, covenants, obligations and agreements under this Loan Agreement or with the undertaking or completion of the Project and the financing thereof; and the Local Borrower has complied with all applicable provisions of law requiring any notification, declaration, filing or registration with any governmental body or officer in connection with the making, observance and performance by the Local Borrower of its duties, covenants, obligations and agreements under this Loan Agreement or with the undertaking or completion of the Project and the financing thereof. No consent, approval or authorization of, or filing, registration or qualification with, any governmental body or officer, other than those already obtained or reasonably expected to be obtained, is required on the part of the Local Borrower as a condition to the authorization, execution and delivery of this Loan Agreement, the undertaking or completion of the Project or the consummation of any transaction herein contemplated. Section 3.7 ComDliance with Law. The Local Borrower: (a) is in compliance with all laws, ordinances, governmental rules and regulations to which it is subject and the failure to comply with which would materially adversely affect the ability of the Local Borrower to conduct its activities or undertake or complete the Project or the condition (financial or otherwise) of the Local Borrower or the System; and (b) has obtained, or will obtain as and when required, all licenses, permits, franchises or other governmental authorizations necessary for the ownership of its property or for the conduct of its activities which, if not obtained, would materially adversely affect the ability of the Local Borrower to undertake or complete the Project or the condition (financial or otherwise) of the Local Borrower or the System. Article 4 Assignment Section 4.1 Assignment and Transfer by Authority. The Local Borrower hereby approves and consents to any assignment or transfer of this Loan Agreement that the Authority deems to be necessary in connection with the Clean Water Revolving Fund and Drinking Water Revolving Fund programs of the Authority. Section 4.2 Assignment by Local Borrower. This Loan Agreement may not be assigned by the Local Borrower for any reason, unless the following conditions shall be satisfied: (i) the assignee shall be a governmental unit within the meaning of Section 141(c) of the Code or another entity acceptable to the Authority and the assignee shall have expressly assumed in writing the full and faithful observance and performance of the Local Borrower's duties, covenants, agreements and obligations hereunder; (ii) immediately after such assignment, the assignee shall not be in default in the performance or observance of any duties, covenants, obligations or agreements of the Local Borrower hereunder; and (iii) the Authority shall receive an opinion of counsel to the effect that such assignment will not violate the provisions of any agreement entered into by the Authority with, or condition of any grant received by the Authority from the United States of America relating to the Capital Grant Facility or any capitalization grants received by the Authority or the State under the Federal Water Pollution Control Act and the Federal Safe Drinking Water Act. No assignment shall relieve the Local Borrower from primary liability for any of its obligations under this Loan Agreement and in the event of such assignment, the Local Borrower shall continue to remain primarily liable for the performance and observance of its obligations to be performed and observed under this Loan Agreement. Article 5 Defaults and Remedies Section 5.1 Events of Default. If any of the following events occurs, it is hereby defined as and declared to be and to constitute an "Event of Default": (a) failure by the Local Borrower to pay, or cause to be paid, when due any Loan Repayment; PHOENIX/562066.2 7 Marana Town Council Regular Meeting Agenda Packet Page 217 of 561 May 21, 2024 (b) failure by the Local Borrower to make, or cause to be made, any required payments of principal, redemption premium, if any, and interest on any bonds, notes or other obligations of the Local Borrower for borrowed money (other than the Loan), after giving effect to the applicable grace period, the payments of which are secured by the Source of Repayment described in this Loan Agreement; (c) failure by the Local Borrower to perform any duty, covenant, obligation or agreement on its part to be observed or performed under this Loan Agreement, other than as referred to in paragraphs (a) and (b) of this Section, which failure shall continue for a period of thirty (30) days after written notice, specifying such failure and requesting that it be remedied, is given to the Local Borrower by the Authority, unless the Authority agrees in writing to an extension of such time prior to its expiration, provided, however, that if the failure stated in such notice is correctable but cannot be corrected within the applicable period the Authority may not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the Local Borrower and diligently pursued until the Event of Default is corrected; (d) the institution of any proceeding, with the acquiescence of the Local Borrower, for the purpose of effecting a composition between the Local Borrower and its creditors or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are payable from the Source of Repayment described in this Loan Agreement; (e) a determination by the Authority that any material representation made by or on behalf of the Local Borrower contained in this Loan Agreement, or in any instrument furnished in compliance with or with reference to this Loan Agreement, is false or misleading in any material respect; and (f) the filing of a petition by or against the Local Borrower under any federal or state bankruptcy or insolvency law or other similar law in effect on the date of this Loan Agreement or thereafter enacted, unless in the case of any such petition filed against the Local Borrower such petition shall be dismissed within thirty (30) days after such filing and such dismissal shall be final and not subject to appeal; or the Local Borrower becoming insolvent or bankrupt or making an assignment for the benefit of its creditors; or the appointment of a custodian (including, without limitation, a receiver, liquidator or trustee of the Local Borrower or any of its property including the System) by court order, or possession of the Local Borrower or its property or assets is taken if such order remains in effect or such possession continues for more than thirty (30) days. Section 5.2 Notice of Default. The Local Borrower shall give the Authority prompt telephone notice of the occurrence of any Event of Default referred to in Section 5.1 paragraph (c) hereof, and of the occurrence of any other event or condition that constitutes an Event of Default, at such time as any senior administrative or financial officer of the Local Borrower becomes aware of the existence thereof. Any telephone notice pursuant to this Section shall be confirmed in writing by the end of the next Business Day. Section 5.3 Remedies on Default. (a) Whenever an Event of Default referred to in Section 5.1 hereof shall have occurred and be continuing, the Authority shall have the right to take any action permitted or required pursuant to this Loan Agreement and to take whatever other action at law or in equity as may appear necessary or desirable to collect the amounts then due and thereafter to become due on their scheduled payment dates or to enforce the performance and observance of any duty, covenant, obligation or agreement of the Local Borrower hereunder, including, without limitation, appointment of a receiver of the System. (b) Nothing in this Loan Agreement shall be construed to affect the Attorney General taking action to enforce this Loan Agreement in accordance with the Authority Act. Section 5.4 Attorney's Fees and Other Expenses. In the event of a default hereunder by the Local Borrower, the Local Borrower shall on demand and to the extent not prohibited by applicable law pay to the Authority the reasonable fees and expenses of attorneys and other reasonable expenses (including without limitation the reasonably allocated costs of in-house counsel and legal staff) incurred by the Authority in the collection of Loan PHOENIX/562066.2 8 Marana Town Council Regular Meeting Agenda Packet Page 218 of 561 May 21, 2024 Repayments or any other sum due hereunder or in the enforcement of performance or observance of any other duties, covenants, obligations or agreements of the Local Borrower to the extent permitted by law. Section 5.5 Application of Moneys. The parties acknowledge that: (a) all amounts coming due hereunder as Loan Repayments shall be treated as principal and combined interest and fees with respect to the Loan which amounts are secured by a pledge of the Source of Repayment in accordance with Exhibit D of this Loan Agreement; and (b) amounts coming due under Section 5.4 hereof shall be secured by the Source of Repayment on a basis subordinate to the Loan Repayments, but on a parity with comparable expenses relating to such Outstanding Parity Obligations and Additional Parity Obligations. However, any moneys collected by the Authority pursuant to Section 5.3 in the exercise of remedies with respect to amounts due or to become due hereunder shall be applied: (a) first, to pay any attorney's fees or other fees and expenses owed by the Local Borrower pursuant to Section 5.4 hereof, (b) second, to pay delinquent combined interest fees and late charges on the Loan; (c) third, to pay combined interest and fees then due and payable on the Loan; (d) fourth, to pay delinquent principal on the Loan in order of scheduled maturity; (e) fifth, to pay principal then due and payable on the Loan; and (f) sixth, to pay any other amounts due and payable pursuant to this Loan Agreement. Section 5.6 No Remedy Exclusive; Waiver; Notice. No remedy conferred upon or reserved to the Authority hereunder is intended to be exclusive, and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. No delay or omission to exercise any right, remedy or power accruing upon any Event of Default shall impair any such right, remedy or power or shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it as described in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this Article. Section 5.7 Retention of Authority's Rights. Notwithstanding any assignment or transfer of this Agreement pursuant to the provisions hereof, or anything else to the contrary contained herein, the Authority shall have the right upon the occurrence of an Event of Default to take any action, including (without limitation) bringing an action against the Local Borrower at law or in equity, as the Authority may, in its discretion, deem necessary to enforce the obligations of the Local Borrower to the Authority. Section 5.8 Default by the Authority. In the event of any default by the Authority in any duty, covenant, agreement or obligation described in this Agreement, the Local Borrower's remedy for such default shall be limited to injunction, special action, action for specific performance or any other available equitable remedy designed to enforce the performance or observance of any duty, covenant, obligation or agreement of the Authority described herein as may be necessary or appropriate. The Authority shall on demand pay to the Local Borrower the reasonable fees and expenses of attorneys and other reasonable expenses in the enforcement of such performance or observance. Article 6 Provisions Applicable to Loans Financed by or Pledged to Secure Authority Bonds Section 6.1 General. The Local Borrower acknowledges that the Authority is entering into this Loan Agreement and agreeing to make the Loan at this time for the benefit of the Local Borrower, and that the Authority may finance the Loan, along with other loans to other local borrowers, through the issuance of Authority Bonds and may pledge the Loan to secure Authority Bonds. If and for so long as the Authority's source of funds to make disbursements on, or to carry, the Loan represented by this Loan Agreement is, or becomes, the proceeds of Authority Bonds, or this Loan Agreement is assigned by the Authority as security for payment of amounts due or to become due on Authority Bonds, the Local Borrower agrees to cooperate with the Authority with respect to the issuance of Authority Bonds by furnishing and certifying information concerning the Local Borrower, the Project, the System and the Source of Repayment, and by agreeing to reasonable modifications and additions to this Loan Agreement necessary or convenient for the Authority Bond transaction. Without limiting the generality of the foregoing, the Local Borrower agrees that if the Authority at any time determines, in its discretion, that it is necessary in connection with the PHOENIX/562066.2 9 Marana Town Council Regular Meeting Agenda Packet Page 219 of 561 May 21, 2024 issuance of Authority Bonds or the maintenance of the Authority's bond program, then the provisions set forth in this Article shall be in effect. Section 6.2 Tax Covenants. (a) General. The Local Borrower acknowledges that, in connection with its state revolving fund programs, the Authority issues its Authority Bonds from time to time to finance loans and the Authority also pledges certain loans to secure and to serve as the source of payment for the Authority Bonds. As a result, and under the provisions of federal tax law applicable to the Authority Bonds, it is in the Authority's interest for the Loan to qualify and be a Tax -Exempt Obligation that is not an AMT Obligation. Therefore, the Local Borrower represents and covenants as follows with respect to the Loan and the Authority Bonds. The Local Borrower covenants that it will not take any action, or fail to take any action, if any such action or failure to take such action would adversely affect the exclusion from gross income of the interest on the Loan or the Authority Bonds under Section 103(a) of the Internal Revenue Code or cause the interest on the Loan or the Authority Bonds to become an AMT Obligation, and in the event of such action or omission, it will, promptly upon having such brought to its attention, take such reasonable actions based upon a bond counsel opinion as may rescind or otherwise negate such action or omission. The Local Borrower will not directly or indirectly use or permit the use of any proceeds of the Loan or any other funds of the Local Borrower or take or omit to take any action that would cause the Loan or the Authority Bonds to be or become "arbitrage bonds" within the meaning of Section 148(a) of the Internal Revenue Code or to fail to meet any other applicable requirement of Sections 103, 141, 148, 149 and 150 of the Internal Revenue Code or cause the interest on the Loan or the Authority Bonds to become an item of tax preference for purposes of the alternative minimum tax imposed on individuals and corporations under the Internal Revenue Code. To that end, the Local Borrower will comply with all applicable requirements of Sections 103, 141, 148, 149 and 150 of the Code to the extent applicable to the Loan. (b) Modification Based on Bond Counsel Opinion. Notwithstanding any provision of this Section, if the Local Borrower provides to the Authority a bond counsel opinion to the effect that any action required under this Section is no longer required, or to the effect that some further action is required, to maintain the exclusion from gross income of interest on the Loan or the Authority Bonds pursuant to Section 103(a) of the Internal Revenue Code, the provisions of this Section and the covenants in this Section shall be deemed to be modified to that extent. (c) Bond Counsel Opinion. For purposes of this Article, "bond counsel opinion" means an opinion letter of a firm of attorneys of national reputation experienced in the field of municipal bonds whose opinions are generally accepted by purchasers of municipal bonds, and who is acceptable to the Authority. Section 6.3 Third Party Beneficiaries. The Trustee, the owners from time to time of the Authority Bonds, any Credit Enhancer from time to time of the Authority Bonds and any underwriter of the Authority Bonds are each expressly acknowledged to be third party beneficiaries of this Loan Agreement and each representation, agreement, duty, obligation and provision of this Loan Agreement. Section 6.4 Additional Documents Relating to Authority Bonds. The Local Borrower will furnish to the Authority and certify to such information and execute and deliver and cause to be executed and delivered such documents as the Authority, the underwriter or other parties to any Authority Bond transaction may reasonably require, including, without limitation: (a) a certificate of an Authorized Officer of the Local Borrower to the effect that the information contained in the Final Official Statement (defined in Section 6.5, paragraph (a)) for the Authority Bonds concerning the Local Borrower is correct in all material respects and is an accurate summary of the information which it purports to summarize, and that nothing has come to the Authorized Officer's attention that would lead the Authorized Officer to believe that the information in the Final Official Statement relating to the Local Borrower contains an untrue statement of a material fact or omits to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and (b) subject to the continuing disclosure requirements of Securities and Exchange Commission Rule 15c2-12 (the "Disclosure Rule"), a continuing disclosure undertaking of the Local Borrower meeting the requirements of the Disclosure Rule , and a statement of the Local Borrower as to whether it has failed to provide any information and PHOENIX/562066.2 10 Marana Town Council Regular Meeting Agenda Packet Page 220 of 561 May 21, 2024 notices required by the provisions of previous continuing disclosure undertakings, if any, of the Local Borrower under the Disclosure Rule, and if it has not, describing the circumstances and status of such failure; and (c) an appropriate certificate executed by Authorized Officer of the Local Borrower concerning the reasonable expectations of the Local Borrower as to the use of the proceeds of the Loan and such other matters as may be required on the part of the Local Borrower in order to ensure that the Authority Bonds are and will remain Tax - Exempt Obligations that are not AMT Obligations, and the Local Borrower covenants to comply with the provisions of such certificate; and (d) such other certificates, documents and information, and supplemental opinions of Local Borrower's counsel, as the Authority, the underwriters of the Authority Bonds or other parties to the Authority Bonds transaction may reasonably require and as are necessary to confirm the continued truth and accuracy of information supplied by or on behalf of the Local Borrower. Section 6.5 Disclosure Regarding Authority Bonds. (a) The information, if any, relating to the Local Borrower (including without limitation the financial and statistical data contained therein) which has been furnished by the Local Borrower to be included in, and which is included in, a Preliminary Official Statement of the Authority (the "Preliminary Official Statement"), or a final Official Statement (the "Final Official Statement") of the Authority concerning any Authority Bonds, as of the respective dates of each such document and at all times subsequent thereto up to and including the Bond Closing, will be (if necessary by amendment provided by the Local Borrower) true and correct and will not contain an untrue statement of material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. To the extent permitted by law, and notwithstanding any other provision of this Loan Agreement, the Local Borrower will indemnify, save and hold harmless the Authority and each other local borrower, if any, included in the Final Official Statement, and each of such parties' respective agents, for, from and against any and all claims, damages, liability and court awards including costs, expenses and attorneys fees incurred as a result of any omission or misstatement of a material fact in the Local Borrower's information in the Final Official Statement, as it may have been supplemented or amended by the Local Borrower. (b) The Local Borrower agrees that from the date of the Final Official Statement and for a period until not later than 25 days after the date of the Bond Closing if and so long as the offering of the Authority Bonds continues (i) the Local Borrower will furnish such information with respect to itself as the Authority (for itself or at the request of the underwriters of the Authority Bonds) may from time to time reasonably request and (ii) if any event shall occur as a result of which it is necessary, in the opinion of Bond Counsel to the Authority, or counsel for the underwriters of the Authority Bonds, to amend or supplement the information in the Final Official Statement relating to the Local Borrower in order to make such information not misleading in light of the circumstances then existing, the Local Borrower will forthwith prepare, and furnish to the Authority and the underwriters such information relating to the Local Borrower as may be necessary to permit the preparation of an amendment of or supplement to the Final Official Statement (in form and substance satisfactory to the Bond Counsel to the Authority and counsel for the underwriters) which will amend or supplement the Final Official Statement so that it will not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances then existing, not misleading. (c) The Local Borrower agrees that if prior to the 25th day following the end of the underwriting period of the Authority Bonds, as defined for purposes of the Disclosure Rule, any event shall occur which causes the representations contained in Section 6.4, paragraph (a) to be false in any material respect, the Local Borrower shall promptly notify the Authority of such development, and if in the opinion of the Authority and the underwriters of the Authority Bonds such development requires the preparation of a supplement or an amendment to the Preliminary Official Statement or the Final Official Statement, the Local Borrower agrees to cooperate with the Authority and the underwriters for the Authority Bonds in preparing any such supplement or amendment in a form acceptable to such parties and to pay all reasonable expenses incurred by such parties in connection with the preparation thereof. Section 6.6 Assignment and Transfer by Authority to Trustee. PHOENIX/562066.2 11 Marana Town Council Regular Meeting Agenda Packet Page 221 of 561 May 21, 2024 (a) The Local Borrower expressly acknowledges that, other than the right of the Authority to be indemnified by the Local Borrower, all right, title and interest of the Authority in, to and under this Loan Agreement will be assigned to the Trustee as security for the Authority Bonds, as applicable, as provided in the Authority's Master Trust Indenture, and that if any Event of Default shall occur the Trustee, pursuant to the Authority's Master Trust Indenture, shall be entitled to act hereunder in the place and stead of the Authority. The Local Borrower hereby acknowledges the requirements of the Authority's Master Trust Indenture applicable to the Authority Bonds and consents to such assignment and appointment. The Authority shall retain the right to compel or otherwise enforce observance and performance by the Local Borrower of its duties, covenants, obligations and to be indemnified by the Local Borrower; provided, however, that in no event shall the Authority or the Trustee have the right to accelerate the payments under this Loan Agreement. (b) The Local Borrower hereby approves and consents to any assignment or transfer of this Loan Agreement that the Authority deems to be necessary in connection with any refunding of the Authority Bonds or otherwise in connection with the Clean Water Revolving Fund and Drinking Water Revolving Fund programs of the Authority. Section 6.7 Conditions to Assignment by Local Borrower. Notwithstanding Section 4.2, this Loan Agreement may not be assigned by the Local Borrower for any reason, unless the following conditions shall be satisfied: (i) the Authority, the Trustee and the Credit Enhancer, if any, of the Authority Bonds shall have approved said assignment in writing; (ii) the assignee shall be a governmental unit within the meaning of Section 141(c) of the Internal Revenue Code or another entity acceptable to the Authority and the assignee shall have expressly assumed in writing the full and faithful observance and performance of the Local Borrower's duties, covenants, agreements and obligations hereunder; (iii) immediately after such assignment, the assignee shall not be in default in the performance or observance of any duties, covenants, obligations or agreements of the Local Borrower hereunder; (iv) the Authority and the Trustee shall have received an opinion of bond counsel to the effect that such assignment will not adversely affect the exclusion of interest on the Authority Bonds from gross income for purposes of Federal income taxation under Section 103(a) of the Code or make the Authority Bonds or the Loan AMT Obligations; and (v) the Authority and the Trustee shall receive an opinion of counsel to the effect that such assignment will not violate the provisions of the Master Trust Indenture or any agreement entered into by the Authority with, or condition of any grant received by the Authority from, the United States of America relating to the Capital Grant Facility or any capitalization grants received by the Authority or the State under the Federal Water Pollution Control Act and the Federal Safe Drinking Water Act. No assignment shall relieve the Local Borrower from primary liability for any of its obligations under this Loan Agreement and in the event of such assignment, the Local Borrower shall continue to remain primarily liable for the performance and observance of its obligations to be performed and observed under this Loan Agreement. Section 6.8 Sale or Other Disposition of Proiect or System. The Local Borrower agrees that it will not sell, lease, abandon or otherwise dispose of all or substantially all or any substantial portion of the Project or the System unless (i) the transferee assumes the Local Borrower's obligations under this Loan Agreement in accordance with Section 6.6, (ii) the Authority shall by appropriate action determine, in its sole discretion, that such sale, lease, abandonment or other disposition will not adversely affect the Authority's ability to meet its duties, covenants, obligations and agreements under the Bond Documents, and will not adversely affect the eligibility of interest on Authority Bonds then outstanding or which could be issued in the future for exclusion from gross income for purposes of federal income taxation or cause such Authority Bonds to be AMT Obligations, and (iii) the Credit Enhancer, if any, of the Authority Bonds shall have given its prior written consent to such disposition. Section 6.9 Deficiencies Under Bond Documents Caused by Failure to Make Loan Repayment. The Local Borrower acknowledges that payment of the Authority Bonds by the Authority, including payment from moneys drawn by the Trustee from the Bond Reserves or the CWRF Financial Assistance Account and DWRF Financial Assistance Accounts established under the Bond Documents, does not constitute payment of the amounts due under this Loan Agreement. If at any time the amounts on deposit in the Bond Reserves or the CWRF Financial Assistance Account and DWRF Financial Assistance Accounts shall be less than the amounts required by the Bond Documents as the result of any transfer of moneys from the Bond Reserves or the CWRF Financial Assistance Account and DWRF Financial Assistance Accounts which in turn is the result of a failure by the Local Borrower to make any Loan Repayments required hereunder, the Local Borrower agrees to (i) replenish such moneys so transferred, and (ii) replenish any deficiency arising from losses incurred in making such transfer as the result of the PHOENIX/562066.2 12 Marana Town Council Regular Meeting Agenda Packet Page 222 of 561 May 21, 2024 liquidation by the Authority of investment securities acquired as an investment of moneys in the Bond Reserves or the CWRF Financial Assistance Account and DWRF Financial Assistance Accounts, by making payments to the Authority in equal monthly installments for the lesser of six (6) months or the remaining term of the Loan at a combined interest and fee rate to be determined by the Authority necessary to make up any loss caused by such deficiency, provided that the combined interest and fee rate payable on the Loan including such make-up combined interest and fees shall not exceed the maximum rate permitted by the Authorizing Proceedings which authorized this Loan Agreement. Section 6.10 Indemnification. To the extent permitted by law, the Local Borrower shall indemnify, save and hold harmless the Authority against any and all claims, damages, liability and court awards including costs, expenses and attorney fees to the extent incurred as a result of any gross negligence or willful misconduct by the Local Borrower, or its employees, agents or subcontractors pursuant to the terms of this Loan Agreement. Section 6.11 Compliance with Master Trust Indenture. The Local Borrower covenants and agrees to take such action as it may lawfully take and as the Authority shall reasonably request so as to enable the Authority to observe and comply with, all duties, covenants, obligations and agreements contained in the Master Trust Indenture insofar as such duties, covenants, obligations and agreements relate to the obligations of the Local Borrower under this Loan Agreement. Section 6.12 Provisions Relating to Default. (a) Any notice or information which the Local Borrower is to give to the Authority pursuant to the provisions of Article 5 shall also be given by the Local Borrower to the Trustee and to any Credit Enhancer at the same time. (b) Notwithstanding the provisions of Section 5.3, paragraph (a) and Section 5.7, so long as a Credit Enhancer is not in default of its obligations with respect to its payment guarantee of the Authority Bonds and such guarantee is in effect, the Credit Enhancer shall have the right to direct the exercise of remedies provided for herein and the Trustee and the Authority shall not pursue any remedy except with the prior written consent of the Credit Enhancer. (c) In the event of a default hereunder by the Local Borrower, the Local Borrower shall also pay the expenses of the Trustee and of any Credit Enhancer in the same manner as provided in Section 5.4 with respect to the expenses of the Authority. Section 6.13 Tax Compliance Certificate. If the Authority Bonds are issued and sold on the basis that they are Tax -Exempt Obligations, an Authorized Officer of the Local Borrower shall deliver an appropriate certificate concerning the reasonable expectations of the Local Borrower as to the use of the proceeds of the Loan and such other matters as may be required on the part of the Local Borrower in order to ensure that the Authority Bonds are and will remain Tax -Exempt Obligations that are not AMT Obligations, and the Local Borrower covenants to comply with the provisions of such certificate. Article 7 Miscellaneous Section 7.1 Binding Effect. This Loan Agreement shall inure to the benefit of and shall be binding upon the Authority and the Local Borrower and their respective successors and assigns. Section 7.2 Severability. In the event any provision of this Loan Agreement shall be held illegal, invalid or unenforceable by any Court of competent jurisdiction, such holding shall not invalidate, render unenforceable or otherwise affect any other provision hereof. Section 7.3 Amendments, Supplements and Modifications. This Loan Agreement may not be amended, supplemented or modified without the prior written consent of the Authority and the Local Borrower. Section 7.4 Execution in Counterparts. This Loan Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. PHOENIX/562066.2 13 Marana Town Council Regular Meeting Agenda Packet Page 223 of 561 May 21, 2024 Section 7.5 Captions. The captions or headings in this Loan Agreement are for convenience only and shall not in any way define, limit or describe the scope or intent of any provisions or sections of this Loan Agreement. Section 7.6 Further Assurances. The Local Borrower shall, at the request of the Authority, authorize, execute, acknowledge and deliver such further resolutions, conveyances, transfers, assurances, financing statements and other instruments as may be necessary or desirable for better assuring, conveying, granting, assigning and confirming the rights and agreements granted or intended to be granted by this Loan Agreement. Section 7.7 State of Arizona Contract Provisions. (a) Books and Records. As required by the provisions of Arizona Revised Statutes Section 35-214, the Local Borrower agrees that all books, accounts, reports, files and other records relating to this Loan Agreement shall be retained and shall be subject at all reasonable times to inspection and audits by the Authority for five years after completion of this Loan Agreement, and that upon request by the Authority such records shall be produced at any of the Authority offices designated herein as the place at which notices to the Authority are to be given. (b) Prohibition Against Discrimination. In the event that it applies, the parties agree to comply with the Arizona Governor's Executive Order 2009-9, entitled "Prohibition of Discrimination in State Contracts Non -Discrimination in Employment by Government Contractors and Subcontractors," which mandates that all persons, regardless of race, color, religion, sex, age, or national origin shall have equal access to employment opportunities, and all other applicable state and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. The Local Borrower shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. (c) Governing Law and Forum. This Loan Agreement shall be governed by and construed in accordance with the laws and judicial decisions of the State of Arizona, except as such laws may be preempted by any federal rules or regulations. The parties hereto expressly acknowledge and agree and all Local Borrowers by their acceptance thereof shall be deemed to have acknowledged and agreed that any judicial action to interpret or enforce the terms of this Loan Agreement against the Authority shall be brought and maintained in the Superior Court of the State of Arizona in and for Maricopa County or in the United States District Court in and for the District of Arizona. (d) Arbitration. In the event of a dispute, the parties agree to use arbitration, after exhausting applicable administrative review, to the extent required by Arizona Revised Statutes Section 12-1518, and the prevailing party shall be entitled to attorney's fees and costs with respect thereto. (e) Notice of Arizona Revised Statutes Section 38-511 — Cancellation. Notice is hereby given of the provisions of Arizona Revised Statutes Section 38-511, as amended. By this reference, the provisions of said statute are incorporated herein to the extent of their applicability to this Loan Agreement under the law of the State of Arizona. (f) Additional Warranties and Certifications from the Local Borrower. In compliance with Section 23-214(B) of the Arizona Revised Statutes, the Local Borrower warrants to the Authority that either (i) it is not an "employer" (within the meaning of Arizona Revised Statutes Section 23-214(B)) or (ii) it is registered with and is participating in the employment verification pilot program as jointly administered by the United States department of homeland security and the social security administration or any of its successor programs (the "E-Verify Program") and that the proof submitted to the Authority of that registration and participation is true and correct. The Local Borrower agrees that, until the Loan is fully paid, at all times during which it is an "employer" (within the meaning of Arizona Revised Statutes Section 23-214(B)) it will be registered with and will participate in the E-Verify Program. The breach by the Local Borrower of the foregoing shall be deemed a material breach by the Local Borrower of this Loan Agreement and may result in penalties up to and including the termination of this Loan Agreement. If the Authority determines that the Local Borrower is not so registered and participating when required, the Authority will notify the Local Borrower by certified mail of the determination of noncompliance and the Local Borrower's right to appeal the determination. On a final determination of noncompliance, the Local Borrower shall repay all monies received as an economic development incentive (within the meaning of Arizona Revised Statutes Section 23- 214(B)) to the Authority within thirty days of the final determination. PHOENIX/562066.2 14 Marana Town Council Regular Meeting Agenda Packet Page 224 of 561 May 21, 2024 Article 8 Definitions Section 8.1 Definitions. The following terms as used in this Loan Agreement shall, unless the context clearly requires otherwise, have the following meaning: "AMT Obligation" means a Tax -Exempt Obligation the interest on which is an item of tax preference for purposes of the alternative minimum tax imposed on individuals and corporations under the Internal Revenue Code. "Annual Loan Review Form" means the loan compliance questionnaire circulated by the Authority to all borrowers as part of the Authority's annual loan portfolio review. "Authority" means the Water Infrastructure Finance Authority of Arizona, a body corporate and politic of the State of Arizona duly created and validly existing under and by virtue of the Authority Act. "Authority Act" means Title 49, Chapter 8 (Section 49-1201 et seq.) of the Arizona Revised Statutes ("A.R.S. "Authority Bonds" means any bonds of the Authority issued to finance the State's revolving fund established pursuant to the Water Pollution Control Act, as amended, and the Safe Drinking Water Act, as amended. "Authorized Officer" means, (i) with respect to the Local Borrower, the person whose name is set forth in this Loan Agreement or such other person or persons authorized by the Local Borrower to act as an authorized officer of the Local Borrower to perform any act or execute any document relating to the Loan or this Loan Agreement whose name is furnished in writing to the Authority and the Trustee; and (ii) with respect to the Authority, the Chairman, Vice Chairman, Executive Director, or any other person or persons designated by the Board to act on behalf of the Authority with respect to this Loan Agreement; the designation of such person or persons shall be evidenced by a written certificate containing a specimen signature of such person or persons and signed on behalf of the Authority by its Chairman or Vice Chairman. "Bond Closing" means the date of initial delivery of and payment for the Authority Bonds. "Bond Documents" means and includes the Master Trust Indenture, any supplemental indenture and any comparable or related document pursuant to which the Authority Bonds are issued, and all further amendments and supplements thereto adopted in accordance with the provisions thereof. "Bond Reserves" means reserves established by the Bond Documents for the Authority Bonds to secure timely payment of amounts due on the Authority Bonds even if one or more local borrowers do not make timely payments on their loans. "Business Day" means any day other than a Saturday, Sunday or legal holiday or a day on which banking institutions, in the city in which the designated office of the Authority (being Phoenix, Arizona) is located, are closed. "Capital Grant Facility" means the contractual arrangement established with the Authority by the United States of America Environmental Protection Agency to make capitalization grant payments pursuant to Title VI of the Federal Water Pollution Control Act, as amended (33 U.S.C. § 125 et seq.) and the Federal Safe Drinking Water Act, as amended (particularly 42 U.S.C. § 300j-12 et seq.). "Clean Water Act" means the Federal Water Pollution Control Act amendments of 1972 (P.L. 92-500; 86 Stat. 816), as amended by the Water Quality Act of 1987 (P.L. 100-4; 101 Stat. 7) and the Water Resources Reform and Development Act of 2014 (P.L. 113-21, 128 Stat. 1193). "Clean Water Revolving Fund" means the fund established by A.R.S. § 49-1221. "Code" means the Internal Revenue Code of 1986, the Regulations (whether temporary or final) under that Code or the statutory predecessor of that Code, and any amendments of, or successor provisions to, the foregoing and any PHOENIX/562066.2 15 Marana Town Council Regular Meeting Agenda Packet Page 225 of 561 May 21, 2024 official rulings, announcements, notices, procedures and judicial determinations regarding any of the foregoing, all as and to the extent applicable. Unless otherwise indicated, reference to a Section includes any applicable successor section or provision and such applicable Regulations, rulings, announcements, notices, procedures and determinations pertinent to that Section. "Combined Interest and Fee Rate" means periodic interest and fee payments made by the Borrower, see Exhibit A to this Loan Agreement. "Construction Period" means the period from the date of the Loan Closing until the date of the final disbursement of proceeds of the Loan pursuant to this Loan Agreement, but in no event later than the third anniversary of the Loan Closing. "Cost" means those costs that are eligible to be funded from draws under the Capital Grant Facility and are reasonable, necessary and allocable to the Project and are permitted by generally accepted government auditing standards to be costs of the Project. "Credit Enhancer" means the entity so designated in the Bond Documents, if any, or any successor thereto, that from time to time has issued and outstanding a municipal bond insurance policy or similar payment guarantee relating to the Authority Bonds. "CWRF Financial Assistance Account" means the account so designated in the Master Trust Indenture to which loans funded by the Clean Water Revolving Fund shall be credited. "Debt Management Fee" means the fee component of the combined interest and fee payments made by the Borrower, see Exhibit A to this Loan Agreement. "Department" means the Department of Environmental Quality of the State of Arizona. "Drinking Water Facility" has the meaning given that term in the Authority Act, currently: a community water system or a non-profit noncommunity water system as defined in the Federal Safe Drinking Water Act (P.L. 93-523; 88 Stat. 16601; P.L. 95-190; 91 Stat. 1393; P.L. 104-182; 110 Stat. 1613) that is located in the State. The term does not include water systems owned by federal agencies. "Drinking Water Revolving Fund" means the fund established by A.R.S. § 49-1241. "DWRF Financial Assistance Account" means the account so designated in the Master Trust Indenture to which loans funded by the Drinking Water Revolving Fund shall be credited. "Eligible Project Costs" means, whether incurred before or after the date of this Loan Agreement, such portion of the Costs as is disbursed by the Authority for the benefit of the Local Borrower. The Local Borrower and the Authority acknowledge that the actual Eligible Project Costs for the Project have not been determined as of the effective date of this Loan Agreement. The final Eligible Project Costs shall be established after all disbursements have been made. "Event of Default" means any occurrence or event specified in Section 5.1 hereof. "Indian Tribe" has the meaning given that term by the Authority Act, currently: any Indian tribe, band, group or community that is recognized by the United States Secretary of the Interior and that exercises governmental authority within the limits of any Indian reservation under the Jurisdiction of the United States government notwithstanding the issuance of any patent and including rights -of -way running through the reservation. "Loan" means (a) during the Construction Period, the commitment to lend to the Local Borrower the Estimated Eligible Project Costs set forth in this Loan Agreement (as it may be amended or revised from time to time), and (b) thereafter, the amount of money equal to the Eligible Project Costs which is actually loaned to the Local Borrower pursuant to this Loan Agreement. PHOENIX/562066.2 16 Marana Town Council Regular Meeting Agenda Packet Page 226 of 561 May 21, 2024 "Loan Agreement" or "Agreement" means this Loan Agreement, including the Exhibits and these Standard Terms and Conditions attached to this Loan Agreement, as it may be supplemented, modified or amended from time to time in accordance with the terms hereof. "Loan Closing" means the date of execution and delivery of this Loan Agreement. "Loan Repayment Date" means the payment dates commencing and ending on the dates set forth in this Loan Agreement. "Loan Repayments" means the payments payable by the Local Borrower pursuant to this Loan Agreement. "Local Borrower" means the Political Subdivision or Indian Tribe that is a party to and is described in the first paragraph of this Loan Agreement. "Master Trust Indenture" means and includes the Master Trust Indenture dated as of August 1, 1999, as supplemented, and any comparable or related document, pursuant to which the Authority issues Authority Bonds. "Political Subdivision" has the meaning given that term by the Authority Act, currently: a county, city, town or special taxing district authorized by law to construct wastewater treatment facilities. "Project" is the project described in Section 2.1 of the Loan Agreement, all or a portion of the Cost of which is financed from the proceeds of the Loan. "Repayment Period" means the period over which the principal amount of the Loan will be repaid which period begins and ends on the dates set forth in this Loan Agreement. "Repayment Principal Amount" means the amount the Authority agrees to loan to the Local Borrower pursuant to this Loan Agreement or such lesser amount of actual Eligible Project Costs as represents the aggregate amount of the Loan actually made pursuant to this Loan Agreement. "Reserve Fund Surety" means a surety bond, insurance policy, letter of credit or similar arrangement representing the irrevocable obligation of the issuer thereof to pay to or at the direction of the Local Borrower an amount up to the Reserve Requirement as set forth in Exhibit A. "Safe Drinking Water Act" means the Federal Safe Drinking Water Act (P.L. 93-523; 88 Stat. 1660; P.L. 96-190; 91 Stat. 1393; P.L. 104-182; 110 Stat. 1613), as amended in 1996. "Source of Repayment" means the "source of repayment" set forth in this Loan Agreement as defined in Exhibit D. "State" means the State of Arizona. "System" means the "System" as defined in Section 2.2 of the Loan Agreement. "Tax -Exempt Obligation" means any obligation or issue of obligations (including bonds, notes and lease obligations treated for federal income tax purposes as evidences of indebtedness) the interest on which is excluded from gross income for federal income tax purposes within the meaning of Section 150 of the Code, and includes any obligation or any investment treated as a "tax-exempt bond" for the applicable purpose of Section 148 of the Code "Trustee" means the Trustee appointed by the Authority pursuant to the Bond Documents and its successor or successors and any other corporation which may at any time be substituted in its place as Trustee pursuant to the Bond Documents. Terms not otherwise defined herein shall have the meanings ascribed to them in Exhibit D to the Loan Agreement. PHOENIX/562066.2 17 Marana Town Council Regular Meeting Agenda Packet Page 227 of 561 May 21, 2024 Section 8.2 Rules of Interpretation. For all purposes of this Loan Agreement, except as otherwise expressly provided or unless the context otherwise requires: (a) Words of one gender include the corresponding words of other genders; words of neuter include both genders; and words in the singular include words in the plural and vice versa. (b) Words indicating persons, parties, or entities (and the like) include firms, associations, partnerships (including limited partnerships), limited liability companies (and the like), corporations, trusts and other legal entities, including public and governmental bodies, as well as natural persons. (c) References to a statute refer to the statute, as amended, and any successor statute, and to all regulations promulgated under or implementing the statute or successor statute, as in effect at the relevant time. (d) References to a governmental or quasi -governmental entity or representatives thereof also refer to an entity that succeeds to the functions of the governmental or quasi -governmental entity and representatives thereof. (e) Headings preceding sections of text and any table of contents are solely for convenience of reference and are not part of this Loan Agreement and are not to affect its meaning, interpretation or effect. (f) Actions permitted under this Loan Agreement may be taken at any time and from time to time in the actor's sole discretion. (g) The word "including" means "including, but not limited to" and the word "include" means "include, among others." (h) The terms "hereby," "hereof," "herein," and "hereunder" (and the like) refer to this Loan Agreement. (i) Indications of time of day mean local time in Phoenix, Arizona. 0) This Loan Agreement shall be governed by and construed in accordance with the applicable law of the State of Arizona, except for its conflict of law rules and except as preempted by federal. Article 9 List of Federal Laws and Authorities By Section 5.4 and Section 5.5 of Exhibit B to the Loan Agreement, the Local Borrower agrees that the Project will comply with applicable provisions of the following federal laws and authorities: F.nvirnnmentA 1. Archaeological and Historical Preservation Act of 1974, Pub. L. 93-291; 16 U.S.C. § 469a-1. 2. Clean Air Act, Pub. L. 95-95, as amended; 42 U.S.C. § 7401 et. seq. 3. Clean Water Act, Titles II, IV, and V, Pub. L. 92-500, as amended. 4. Coastal Barrier Resources Act, Pub. L. 97-348; 16 U.S.C. § 3501 et. seq. 5. Coastal Zone Management Act, Pub. L. 92-583, as amended; 16 U.S.C. § 1451 et. seq. 6. Endangered Species Act, Pub. L. 93-205, as amended; 16 U.S.C. § 1531 et seq. 7. Environmental Justice, Executive Order 12898. 8. Farmland Protection Policy Act, Pub. L. 97-98; 7 U.S.C. § 4201 et seq. PHOENIX/562066.2 18 Marana Town Council Regular Meeting Agenda Packet Page 228 of 561 May 21, 2024 9. Fish and Wildlife Coordination Act, Pub. L. 85-624, as amended. 10. Floodplain Management, Executive Order 11988, as amended by Executive Order 12148. 11. Magnunson-Stevens Fishery Conservation and Management Act, Pub L. 94-265, as amended; 16 U.S.C. § 1801 et. seq. 12. National Historic Preservation Act of 1966, Pub. L. 89-665, as amended; 16 U.S.C. § 470 et. seq. 13. Protection and Enhancement of the Cultural Environment, Executive Order 11593. 14. Protection of Wetlands, Executive Order 11990, as amended by Executive Order 12608; Pub. L. 99-645, as codified at 16 U.S.C. § 3901 et. seq. 15. Safe Drinking Water Act, Section 1424(e), Pub. L. 92-523, as amended; 42 U.S.C. § 300f et. seq. 16. Wild and Scenic Rivers Act, Pub. L. 90-542, as amended; 16 U.S.C. § 1271 et. seq. 17. Migratory Bird Treaty Act of 1918, 16 U.S.C. § 703 et. seq. Social Legislation: 1. Age Discrimination Act, Pub. L. 94-135; 42 U.S.C. § 6102. 2. Civil Rights Act of 1964, Pub. L. 88-352, Title VI; 42 U.S.C. § 2000d. 3. Equal Employment Opportunity, Executive Order 11246, as amended. 4. Participation by Disadvantaged Business Enterprises in Procurement Under Environmental Protection Agency (EPA) Financial Assistance Agreements. a. Promoting the use of Small, Minority, and Women -owned Businesses, Executive Orders 11625, 12138 and 12432. b. Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Pub. L. 100-590. c. Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993, Pub. L. 102-389; 42 U.S.C. § 4370d. d. Title X Clean Air Act, Pub. L. 101-549; 42 U.S.C. § 7601 note. 5. Rehabilitation Act of 1973, Pub. L. 93-112; 29 U.S.C. § 794 (including Executive Order 11914 and 11250). 6. Section 13 of the Federal Water Pollution Control Act, Pub. L. 92-500; 33 U.S.C. § 1251. 7. The Drug Free Workplace Act Of 1988, Pub. L. 100-690. Economic and Miscellaneous Authority: 1. Anti -Lobbying Provision (40 CFR Part 34) and New Restrictions on Lobbying, Section 319 of Pub. L. 101-121. 2. Debarment and Suspension, Executive Order 12549. PHOENIX/562066.2 19 Marana Town Council Regular Meeting Agenda Packet Page 229 of 561 May 21, 2024 3. Demonstration Cities and Metropolitan Development Act of 1966, Pub. L. 89-754, as amended; 42 U.S.C. § 3331 et. seq. 4. Preservation of Open Competition and Government Neutrality, Executive Order 13502. 5. Prohibitions relating to violators of the Clean Air Act, Section 306 of the Clean Air Act, 42 U.S.C. § 7505; Section 508 of the Clean Water Act, 33 U.S.C. § 1368; Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans. 6. Uniform Relocation and Real Property Acquisition Policies Act of 1970, Pub. L. 91-646, as amended; 42 U.S.C. §§ 4601-4655. PHOENIX/562066.2 20 Marana Town Council Regular Meeting Agenda Packet Page 230 of 561 May 21, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting Meeting Date: 05/21/2024 To: Mayor and Council From: David L. Udall, Town Clerk/Assistant Town Attorney Date: May 21, 2024 Subject: Approval of Regular Council Meeting Summary Minutes of May 7, 2024 (David L. Udall) Attachments Regular Council Meeting Summary Minutes, 05/07/2024 C10 Marana Town Council Regular Meeting Agenda Packet Page 231 of 561 May 21, 2024 MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 7, 2024, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:00 PM and directed the Town Clerk to call the roll. Council Member Ziegler was absent. All other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Mayor Honea asked for a motion to approve the agenda. Vice Mayor Post moved to approve the agenda as presented. Council Member Kai seconded the motion. Motion passed, 6-0. Council Regular Meeting Summary Minutes May 7, 2024 Page 1 of 6 Marana Town Council Regular Meeting Agenda Packet Page 232 of 561 May 21, 2024 CALL TO THE PUBLIC Town Clerk / Assistant Town Attorney David Udall noted that the Town received a letter from the Tortolita Alliance related to Item A2 and that copies were distributed to Council Members on the dais. PROCLAMATIONS P1 Proclamation Recognizing Officer Robert Santos (David L. Udall) Mr. Udall read the proclamation as Mayor Honea presented it to its recipient. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Officer said Arizona Department of Transportation (ADOT) personnel were doing a great job cleaning up the interstate and requested that the Town find a way to give them accolades for doing so. Mayor Honea commented on an Environmental Protection Agency (EPA) event related to PFAS recently hosted at one of the Town's water treatment facilities and on upcoming events this week related to electric cooperatives, RTA Next, and a Marana Police Department award ceremony. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Deputy Town Manager Erik Montague said the Town issued 110 single-family residential permits in April. Last April, there were 66 total permits issued. He provided an update on the construction of the Marana Community and Aquatics Center and maintenance of the Marana pool. He said the Town partnered with other groups in moving barbed wire fence at the Tortolita Preserve and that the Town recently celebrated its ninth annual Arbor Day. He also commented on the EPA event and said the Towri s water treatment facilities are state-of-the-art. PRESENTATIONS CONSENT AGENDA C1 Resolution No. 2024-036: Relating to the Police Department; exempting undercover vehicles used by the Marana. Police Department in felony investigations or activities of a confidential nature from Arizona state laws related to the designation of Council Regular Meeting Summary Minutes May 7, 2024 Page 2 of 6 Marana Town Council Regular Meeting Agenda Packet Page 233 of 561 May 21, 2024 political subdivision motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for these undercover police vehicles and to obtain vehicle registrations for new undercover vehicles to be used in felony investigations or activities of a confidential nature (Libby Shelton) C2 Resolution No. 2024-038: Relating to the Police Department; approving and authorizing the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) Grant Agreement between the City of Tucson (COT) and the Town of Marana to receive funding under COT Grant Number HT-24-2930 (Melissa Weimer) C3 Resolution No. 2024-039: Relating to Public Works; authorizing the Town Manager to sign all documents and do all other things necessary or prudent to obtain land use rights from the Central Arizona Project (CAP) needed for Town Capital Improvement Program (CIP) projects (Jane Fairall) C4 Approval of Regular Council Meeting Summary Minutes of April 16, 2024 and approval of Special Council Meeting Summary Minutes of April 22, 2024 (David L. Udall) Council Member Comerford moved to approve the consent agenda. Council Member Craig seconded the motion. Motion passed, 6-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2024-041: Relating to Real Estate; vacating unneeded public right- of-way located south of the existing cul-de-sac at Romero Pools Place and authorizing the Town Engineer to sign a quit claim deed of abandonment for the unneeded right-of-way in favor of Loyal A. Mehrhoff and Peggy Oyama (George Cardieri) Real Property Manager George Cardieri presented on this item. Maps related to the presentation are on file with the Town Clerk's Office. Mr. Cardieri explained that early last year, property owners Loyal A. Mehrhoff and Peggy Oyama requested Town approval to make improvements to their existing driveway, which turned out to be in the Towri s right-of-way. Town staff subsequently determined that abandoning the involved portion of right-of-way was the best way to proceed. He said that staff went through a due diligence process and now recommended that the portion of right-of-way be abandoned. Mr. Cardieri answered a clarifying question during the presentation. Council Regular Meeting Summary Minutes May 7, 2024 Page 3 of 6 Marana Town Council Regular Meeting Agenda Packet Page 234 of 561 May 21, 2024 Vice Mayor Post moved to adopt Resolution No. 2024-041. Council Member Comerford seconded the motion. Motion passed, 6-0. A2 Resolution No. 2024-042: Relating to Water; adopting the Town of Marana Water Conservation Rebates Policy (Jing Luo) Water Resources Administrator Asia Philbin and Water Conservation Analyst Karn Boyce presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Also on file with the Town Clerk is a letter received from the Tortolita Alliance related to this item. For more detail regarding the presentation, including tables, timelines, and next steps, please see the presentation slides. Clarifying questions were asked and answered during the presentation. Ms. Philbin began the presentation and provided an overview of customer rebates designed to conserve water and a history of the Towri s exploration of rebate program since April 2023. Ms. Boyce presented on the pilot rebate program grant, including on the program's cost breakdowns, and on the proposed rebates policy. She also provided an overview on the policy workflow, which is depicted in the presentation slides. Ms. Philbin discussed the rebate program's decision framework table, as outlined in the slides. Council Member Kai asked how many water meters would be replaced under this program. Ms. Philbin said around 200 would be replaced under the grant program, but that the intention is to replace all customer meters eventually. Council Member Craig asked if a determination has been made regarding what the rebates would be used for. Ms. Philbin said that the Towri s grant proposal included low - flow toilets, irrigation controllers, and water harvesting, but that the Town was not necessarily limited to those items under the terms of the grant. Council Member Kai moved to adopt Reso lution No. 2024-042. Vice Mayor Post seconded the motion. Motion passed, 6-0. ITEMS FOR DISCUSSION/ POSSIBLE ACTION Council Regular Meeting Summary Minutes May 7, 2024 Page 4 of 6 Marana Town Council Regular Meeting Agenda Packet Page 235 of 561 May 21, 2024 D1 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Towri s Marana Current and Proposed Projects internet site (Jason Angell) Development Services Director Jason Angell provided an update on public and private projects and development applications in the Town, as currently listed on the following website: https: / / experience.arcgis.com/ experience / 9bcda179c412496a8be2a5af29727745 During the presentation, Mr. Angell answered questions about the various projects. D2 Relating to Legislation and Government Actions; discussion and possible action or direction regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Terry Rozema) Mr. Montague said there was not much activity at the Legislature on bills or on the state budget. Mayor Honea commented that the two water -related bills appear to have support and would benefit the Town if they end up moving forward. D3 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2024/2025 budget, including proposed budget initiatives and expenditures (Terry Rozema) Mr. Montague said this was the Council's opportunity to provide feedback for next fiscal year's budget. Council Member Comerford requested that the Town look into giving Town employees paid time off for the week in between the Christmas and New Years holidays. Vice Mayor Post asked Council Member Comerford clarifying questions regarding her vision for how the proposed time off would work. He commented that employees required to work on the week in between Christmas and New Years would be required to be paid double time or time -and -a -half due to those days being deemed holidays. He said it could impose a serious financial burden on the Town. Council Member Comerford said she didn't think it would be a major expense for the Town. Council Regular Meeting Summary Minutes May 7, 2024 Page 5 of 6 Marana Town Council Regular Meeting Agenda Packet Page 236 of 561 May 21, 2024 Mr. Montague said Town staff is in the process of reviewing and evaluating Council Member Comerford's proposal and will bring forward an analysis for review when it is ready. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). Mayor Honea asked for future agenda items. There were no future agenda items. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Council Member Officer seconded the motion. Motion passed, 6-0. Meeting adjourned at 6:49 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on May 7, 2024. I further certify that a quorum was present. David L. Udall, Town Clerk Council Regular Meeting Summary Minutes May 7, 2024 Page 6 of 6 Marana Town Council Regular Meeting Agenda Packet Page 237 of 561 May 21, 2024 A6� MARANA AZ E STAB L IS HE D 1 9 7 7 Council -Regular Meeting Al Meeting Date: 05/21/2024 To: Mayor and Council Submitted For: Scott Radden, Senior Planner From: Steven Cheslak, Principal Planner Date: May 21, 2024 Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING: Ordinance No. 2024.012: Relating to Development; approving a rezoning of approximately 19.6 acres of land generally located approximately one-half mile west of the intersection of West Grier Road and North Wentz Road from Zone A (Small Lot Zone) To NC (Neighborhood Commercial); and approving a minor amendment to the General Plan amending the land use category from Traditional Neighborhood (TN) to Commercial (C) (Scott S. Radden) Discussion: Request Sonoran Land Resources, representing Tucson Electric Power (TEP) on behalf of Cortaro Farms LTD (Property Owner), is requesting approval from the Marana Town Council to rezone approximately 19.6 acres of land (Pima County Assessor Parcel No. (APN) 217-23-0310) from Small Lot Zone (Zone A) to Neighborhood Commercial (NC) in order to construct, maintain, and operate a 138/ 13.8 kilovolt (kV) electric substation. Marana 2040 General Plan The Marana General Plan designates the proposed rezoning area with a land use category of Traditional Neighborhood (TN). The proposed rezoning is accompanied by a request to amend the Marana General Plan Land Use Map category designation from Traditional Neighborhood (TN) to Commercial (C). Marana Town Council Regular Meeting Agenda Packet Page 238 of 561 May 21, 2024 Surrounding Land Use and Zoning To the north of the subject property is Anyway Farms Master Planned Area, zoned Specific Plan (SP), with mostly agricultural land uses. Located to the east are agricultural lands zoned Small Lot (Zone A). On the west side of the property are six single-family residential lots, zoned Small Lot (Zone A). On the south side of the property, across Grier Rd, is agricultural land, zoned Medium Lot (Zone B). Proposed Land Use To accommodate the existing electric service needs of Marana, future load growth, and improve system reliability, as well as retire the Lateral 7 1/246-kV Substation, TEP proposes to construct, maintain, and operate the proposed Grier 138/ 13.8-kV Substation. The new substation would be sourced from the existing North Loop to Tortolita Quad Circuit (east of I-10), utilizing the recently approved (by the Arizona Corporation Commission (ACC)) Arizona Electric Power Cooperative, Inc. (AEPCO)/TEP double -circuit Marana to Saguaro 115/138-kV transmission line, which would then loop back to the existing North Loop to Tortolita Quad Circuit via an as -yet -undetermined route, in order to provide needed redundancy to the grid. As shown in the proposed Conceptual Site Plan, the 19.6 acres are intended to accommodate the Grier Substation and associated transmission and distribution facilities. The proposed Grier Substation is generally located on the south half of the property, surrounded by a 12-foot-tall decorative masonry wall and 20-foot-wide security road around the perimeter of the wall. The site will be accessed through ingress and egress driveways off Grier Road. Landscape buffers consisting of drought -tolerant vegetation, typical of the Sonoran Desert, will be planted along the perimeter of the property. Facilities within the wall consist of a grounding grid, static masts, an equipment shelter, a main transformer, current transformers, circuit breakers, H-frame structures, transmission line drop -in structures, pull boxes, switchgear, as well as overhead and buried primary and secondary power lines. H-frame structure heights would be between 50-60-feet tall. The drop -in structure and static mast heights would be approximately 75-feet tall. Access and Circulation The subject property has direct access, to the south, from Grier Road. Utilities The rezoning area is located within the Marana Water intended service area, but TEP does not intend to connect to the public water supply. There is currently no sewer service to the property, and as the substation will be unmanned, the site will not require wastewater service. There is no need for natural gas for operations and electricity and communication services would be installed by TEP if the development is approved. Fire Service The rezoning area is currently not located within a fire district. The property is Marana Town Council Regular Meeting Agenda Packet Page 239 of 561 May 21, 2024 adjacent to the Northwest Fire District service area and may annex at the time of development. Citizen Participation The applicant mailed a letter to each of the property owners within 300 feet of the subject property informing them of the application submitted to the Town. The letter provided the opportunity for the owners to contact and meet with the applicants to discuss the project on April 4, 2024, at the Marana Municipal Complex 2nd Floor Conference Room, from 6:OOPM to 7:30PM. Eleven people (10 adults,1 child) attended the meeting. Comments involving potential decrease in property values, noise, health concerns, and past issues with the AEPCO/TEP Transmission Line Project were made by concerned individuals. A full report of the meeting is provided as an attachment to this staff report. Public Notification This public hearing was noticed in The Daily Territorial newspaper, and all property owners within 300 feet of the rezoning area were noticed by United States Mail of the date, time, and topic of the public hearing. Additional notice was posted at the property, various locations within the community and on the Town's website. Staff received no comments prior to the time of writing this report. Case Analysis Review Criteria Pursuant to Town Code section 17-3-1(D), the Planning Commission and Town Council shall consider the following questions, at a minimum, in reviewing an application for rezoning: 1. Any change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration, and development; Based upon the requirements and conditions, the rezoning amendment does not appear to be detrimental to the character of the area due to installation of public facilities or any other rezoning changes. 2. The degree to which the proposed zoning will benefit the community; whether there will be benefits derived by the community, or area, by granting the proposed rezoning; With the acceptance of the recommended conditions, this rezoning will benefit the community through the increased capacity of public utilities. 3. Whether the proposed rezoning is compatible with the surrounding area or whether there will be adverse impacts on the capacity or safety of the portion of street network influenced by the rezoning, parking problems, or environmental impacts that the new use will generate such excessive storm runoff, water, air, or noise pollution, excessive nighttime lighting, or other nuisances; Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding area and does not appear to adversely impact the adjacent street network or generate such excessive storm runoff, water, air, or noise pollution, excessive nighttime lighting, or other nuisances. 4. Whether the proposal conforms with and is in furtherance of the implementation of the goals and policies of the general plan, other adopted plans, and the goals, objectives and policies of the land development code, and other Marana Town Council Regular Meeting Agenda Packet Page 240 of 561 May 21, 2024 town regulations and guidelines, including goals and policies relating to economic development; The rezoning amendment conforms to the goals and policies of the general plan, the land development code, and other town regulations and guidelines. 5. The zoning districts and existing land uses of the surrounding properties; Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding property zoning and existing land use. 6. Whether the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development; With the acceptance of the recommended conditions, the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development. 7. Whether the existing and proposed utility infrastructure, public facilities, and public services are suitable and adequate to serve the proposed rezoning area; Based upon the rezoning requirements and conditions, there is adequate utility infrastructure, public facilities, and public services in the area to serve the proposed rezoning area. 8. Whether the subject property is suitable for the uses to which it has been restricted under the existing zoning classification; Based upon the rezoning requirements and conditions, the subject property is suitable for the uses permitted within the NC zoning district. 9. Whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character; Based upon the rezoning requirements and conditions, this rezoning amendment is compatible with the adjacent neighborhood in area stability and character. 10. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs: Based upon the rezoning subject area location, there is a limited supply of land available in the area and the surrounding community, but will accommodate the zoning and community needs by utilizing successful infill. 11. If applicable, the length of time the subject property has remained vacant as zoned: The last residential structure was demolished in 1972 and continuously farmed since then. Staff Recommendation: This is a discretionary item for the Town Council to consider. Should the Town Council choose to approve this item, staff recommends the approval be based upon the recommended findings and subject to the conditions set forth in the attached draft ordinance. Planning Commission Recommendation The requested rezoning was considered at a public hearing before the Marana Planning Commission on April 24, 2024. The Planning Commission voted 5-2 to recommend to the Town Council approval of the request, subject to the recommended conditions and the following additional conditions: Marana Town Council Regular Meeting Agenda Packet Page 241 of 561 May 21, 2024 1. Notwithstanding the conceptual land use plan presented to and approved by the Town Council as part of this Rezoning, the landscape buffer along the west side of the Rezoning Area shall be 20 feet. 2. In addition to general landscape requirements, the Property Owners shall coordinate with the residents to the west of the Rezoning Area to position 36-inch to 48-inch box trees on the west side of the Rezoning Area. Suggested Motion: I move to adopt Ordinance No. 2024.012, approving the Grier 138/13.8 Kilovolt Substation rezoning subject to the recommended conditions, and a minor amendment to the General Plan. Attachments Ordinance No. 2024.012 Exhibit A to Ordinance Project Narrative and Associated Information Location and Zoning Maps Application Neighborhood Meeting Summary Letter of Support - Crown West Marana Town Council Regular Meeting Agenda Packet Page 242 of 561 May 21, 2024 MARANA ORDINANCE NO.2024.012 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 19.6 ACRES OF LAND GENERALLY LOCATED APPROXIMATELY ONE-HALF MILE WEST OF THE INTERSECTION OF WEST GRIER ROAD AND NORTH WENTZ ROAD FROM ZONE A (SMALL LOT ZONE) TO NEIGHBORHOOD COMMERCIAL (NC); AND APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN AMENDING THE LAND USE CATEGORY FROM TRADITIONAL NEIGHBORHOOD (TN) TO COMMERCIAL (C) WHEREAS Cortaro Farms Ltd (the "Property Owners") owns approximately 19.6 acres of land generally located approximately one-half mile west of the intersection of West Grier Road and North Wentz Road, on the north side of Grier Road, in Section 19, Township 11 South, Range 11 East, described on Exhibit "A" attached to and incorporated in this ordinance by this reference (the "Rezoning Area"); and WHEREAS the Property Owners have authorized Sonoran Land Resources, representing Tucson Electric Power (TEP) to submit an application to rezone the Rezoning Area from Zone A (Small Lot Zone) to NC (Neighborhood Commercial) ("this Rezoning"), and to request a minor amendment to the Marana General Plan changing the land use category designation for the Rezoning Area from Traditional Neighborhood (TN) to Commercial (C); and WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on April 24, 2024, and voted 5-2 to recommend that the Town Council approve this Rezoning and minor General Plan amendment subject to the recommended conditions and two additional conditions; and WHEREAS the Marana Town Council held a public hearing on this Rezoning on May 21, 2024, and determined that this Rezoning and minor General Plan amendment should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of the Rezoning Area is hereby changed from Zone A (Small Lot Zone) to NC (Neighborhood Commercial). Section 2. A minor amendment to the General Plan is hereby approved, changing the General Plan land use designation of the Rezoning Area from Traditional Neighborhood (TN) to Commercial (C). Section 3. This Rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Marana Town Code (but which shall not cause a reversion of this Rezoning), and which shall be binding on the Property Owners 1 Marana Ordinance No. 2024.012 Marana Town Council Regular Meeting Agenda Packet Page 243 of 561 May 21, 2024 and their successors in interest (all of whom are collectively included in the term "Property Owners' in the following conditions): 1. Compliance with all applicable provisions of the Towri s codes and ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements and payment of application fees and applicable development impact fees. 2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in general conformance with the conceptual land use plan presented to and approved by the Town Council as part of this Rezoning. 3. A master drainage study must be submitted by the Property Owners and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area. 4. A detailed traffic impact analysis (TIA) has been submitted by the Property Owners and accepted by Town staff. The Property Owners may be required to submit an updated TIA or updated traffic studies when warranted by changes to the Rezoning Area or in development surrounding the Rezoning Area. 5. The Property Owners must design and construct any roadway or drainage improvements, and dedicate or acquire any property rights associated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis and the accepted master drainage study, and other studies approved in connection with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 6. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Property Owners from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Property Owners should retain appropriate experts and consult appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 7. The Town is not providing a designation of assured water supply and water service to the Rezoning Area at this time. If the Property Owners request a designation of assured water supply and water service to the Rezoning Area in the future, the Property Owners will be required to transfer to Marana, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for the Town providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the Town and the Property Owners shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 8. Prior to the issuance of any grading permits, the Property Owners shall submit evidence to the Town that all federal permit requirements have been met through the Corps of Engineers and the State Historic Preservation Office, if federal permits are required for the development of the Rezoning Area. 9. The Property Owners shall not cause any lot split of any kind without the written consent 2 Marana Ordinance No. 2024.012 Marana Town Council Regular Meeting Agenda Packet Page 244 of 561 May 21, 2024 of the Town of Marana. 10. The Property Owners shall dedicate 45 feet of land for Grier Road right-of-way along the southern property line of the Rezoning Area upon demand of the Town. 11. The Rezoning Area lies within the Town's intended water service area. If a well is drilled to supply the Rezoning Area and that well later becomes a barrier for siting Town wells, the Property Owners shall work with the Town to arrive at an agreeable solution to allow the Town to site its wells. 12. Notwithstanding the conceptual land use plan presented to and approved by the Town Council as part of this Rezoning, the landscape buffer along the west side of the Rezoning Area shall be 20 feet. 13. In addition to general landscape requirements, the Property Owners shall coordinate with the residents to the west of the Rezoning Area to position 36-inch to 48-inch box trees on the west side of the Rezoning Area. Section 4. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 5. 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, such 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 21st day of May, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney 3 Marana Ordinance No. 2024.012 Marana Town Council Regular Meeting Agenda Packet Page 245 of 561 May 21, 2024 Exhibit " N' to Marana Ordinance No. 2024.012 Legal Description The East half of the Southeast quarter of the Southwest quarter of Section 19, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County. Except any portion thereof lying within Grier Road, Trico - Marana Road, and Avra Road. Marana Town Council Regular Meeting Agenda Packet Page 246 of 561 May 21, 2024 Grier Substation Rezone & Minor General Plan Amendment 13860 W. Grier Road Marana, Arizona 85653 Revised April 11, 2024 General Plan Amendment Project Number: GPA2402-001 Rezone Project Number: PCZ2402-001 Marana Town Council Regular Meeting Agenda Packet Page 247 of 561 May 21, 2024 Grier Substation Rezone & Minor General Plan Amendment 13860 W. Grier Road Marana, Arizona 85653 Submitted to: Town of Marana Planning and Zoning Division 11555 West Civic Center Drive Marana, Arizona 85653 Prepared for: Tucson Electric Power Company P.O. Box 711 Tucson, Arizona 85702 Telephone: (520) 429-6662 Email: bpugh@tep.com Prepared by: Sonoran Land Resources 8750 E. Speedway Blvd., Suite 230 Tucson, Arizona 85710 Telephone: (520) 213-7665 Email: rdarling@sonoranlandresources.com With assistance from: JE Fuller 40 E. Helen Street Tucson AZ 85705 Telephone: (520) 623-3112 Email: chris@jefuller.com February 2024 Marana Town Council Regular Meeting Agenda Packet Page 248 of 561 May 21, 2024 Table of Contents INTRODUCTION..................................................................................................................................................1 A. Site Selection.................................................................................................................................................3 B. Anticipated Benefits to the Community........................................................................................................4 C. Adherence to Make Marana 2040 and Strategic Plan 5................................................................................5 DEVELOPMENT CAPABILITY REPORT..................................................................................................................6 A. Location and Onsite Land Use.......................................................................................................................6 B. Information on Properties within a Quarter Mile.........................................................................................7 1. Existing Zoning............................................................................................................................ 7 2. General Plan Land Use Designation............................................................................................ 9 3. Surrounding Existing Land Use.................................................................................................... 9 4. Pending and Conditional Rezoning Cases.................................................................................. 10 S. Subdivisions & Development Plans........................................................................................... 10 C. Septic Systems and Wells........................................................................................................................... 11 D. Topography and Slope................................................................................................................................ 11 1. Hillside and Conservation Areas: .............................................................................................. 12 2. Rock Outcrops: .......................................................................................................................... 12 3. Slopes of 15% or greater: .......................................................................................................... 12 4. Other Significant Topographic Features: ................................................................................... 12 5. Existing Grading and Ground Disturbance: ............................................................................... 12 E. Hydrology................................................................................................................................................... 13 1. Off -site Hydrologic Analysis....................................................................................................... 13 2. On -site Hydrologic Analysis (Existing Conditions)..................................................................... 15 3. Hydraulic Analysis..................................................................................................................... 16 F. Vegetation.................................................................................................................................................. 24 1. Vegetative Communities........................................................................................................... 24 2. Significant Vegetation................................................................................................................ 24 3. Vegetative Densities.................................................................................................................. 24 G. Wildlife........................................................................................................................................................24 1. Background Research................................................................................................................ 24 2. Presence of Sensitive Species................................................................................................... 24 Marana Town Council Regular Meeting Agenda Packet Page 249 of 561 May 21, 2024 3. High densities of given species population............................................................................... 25 4. Aquatic or Riparian Ecosystems................................................................................................ 25 5. Wildlife Corridors...................................................................................................................... 25 H. Soils.............................................................................................................................................................25 I. Viewsheds...................................................................................................................................................26 J. Road Right-of-Way...................................................................................................................................... 30 K. Traffic.......................................................................................................................................................... 30 L. Recreation and Trails.................................................................................................................................. 30 M. Cultural, Archaeological and Historic Resources........................................................................................ 30 N. Existing Utilities.......................................................................................................................................... 31 1. Water.........................................................................................................................................31 2. Sewer.........................................................................................................................................31 3. Natural Gas................................................................................................................................ 31 4. Electricity...................................................................................................................................31 5. Communication.........................................................................................................................31 O. Public Facilities........................................................................................................................................... 31 1. Police.........................................................................................................................................31 2. Fire............................................................................................................................................ 31 3. Schools...................................................................................................................................... 31 4. Library....................................................................................................................................... 31 III. PROPOSED LAND USE PLAN............................................................................................................................. 32 A. Project Overview........................................................................................................................................ 32 B. Relationship to Marana General Plan and Strategic Plan........................................................................... 32 1. Make Marana 2040................................................................................................................... 32 2. Strategic Plan 5.......................................................................................................................... 33 C. Compatibility with Adjoining Properties.................................................................................................... 33 1. Dust........................................................................................................................................... 33 2. Noise......................................................................................................................................... 33 3. Traffic.........................................................................................................................................33 4. Views......................................................................................................................................... 33 5. Safety.........................................................................................................................................33 6. Electric and Magnetic Fields..................................................................................................... 34 Marana Town Council Regular Meeting Agenda Packet Page 250 of 561 May 21, 2024 D. Conceptual Site Plan................................................................................................................................... 34 E. Proposed Topography................................................................................................................................. 36 F. Proposed Hydrology................................................................................................................................... 36 1. Drainage Concept...................................................................................................................... 36 2. Conformance with Current Policies........................................................................................... 38 3. Erosion Protection..................................................................................................................... 39 4. Effect on Offsite Properties....................................................................................................... 39 G. Vegetation.................................................................................................................................................. 39 H. Wildlife........................................................................................................................................................39 I. Viewsheds...................................................................................................................................................40 J. Road Right-of-Way...................................................................................................................................... 44 K. Traffic.......................................................................................................................................................... 44 L. Proposed Public Utilities............................................................................................................................. 44 1. Water.........................................................................................................................................44 2. Sewer.........................................................................................................................................44 3. Natural Gas................................................................................................................................ 44 4. Electricity...................................................................................................................................44 S. Communication.........................................................................................................................44 M. Public Service Impacts................................................................................................................................ 44 1. Police.........................................................................................................................................44 2. Fire & Emergency Services........................................................................................................ 44 3. Refuse........................................................................................................................................45 4. Schools...................................................................................................................................... 45 S. Parks..........................................................................................................................................45 6. CMID Canals.............................................................................................................................. 45 N. Recreation and Trails.................................................................................................................................. 45 0. Cultural, Archaeological and Historic Resources........................................................................................ 45 List of Appendices Appendix A. TEP Substation Example Photos................................................................................................. A AppendixB. ALTA Survey.............................................................................................................................. B Appendix C. Arizona Game and Fish Online Environmental Review Tool Report ......................................... C Appendix D. US Fish & Wildlife Service Correspondence............................................................................. D Iv Marana Town Council Regular Meeting Agenda Packet Page 251 of 561 May 21, 2024 List of Exhibits Exhibit1. TEP Service Area.........................................................................................................................................1 Exhibit2. TEP Marana Area Study..............................................................................................................................2 Exhibit 3. Grier Substation Location...........................................................................................................................4 Exhibit4. Regional Location........................................................................................................................................6 Exhibit 5. Existing Zoning within 1/4 Mile of Subject Property..................................................................................8 Exhibit6. Surrounding Land Use.............................................................................................................................. 10 Exhibit 7. Subdivisions & Development Plans......................................................................................................... 11 Exhibit8. Topography & Slope................................................................................................................................. 12 Exhibit9. Off -site Watershed................................................................................................................................... 14 Exhibit10. On -site Watersheds............................................................................................................................... 15 Exhibit 11. FEMA Floodplain.................................................................................................................................... 16 Exhibit 12. Santa Cruz River 100-year Flow Depth.................................................................................................. 18 Exhibit 13. Tortolita Mountains 100-year Flow Depth............................................................................................. 19 Exhibit 14. Erosion Hazard Setback Map................................................................................................................. 21 Exhibit 15. Santa Cruz River 500-year Flow Depth.................................................................................................. 22 Exhibit 16. Tortolita Mountains 500-year Flow Depth............................................................................................. 23 Exhibit17. Soils........................................................................................................................................................ 26 Exhibit18. Site Photo Locations.............................................................................................................................. 27 Exhibit19. Site Photos 1-6....................................................................................................................................... 28 Exhibit 20. Site Photos 7-12..................................................................................................................................... 29 Exhibit21. Conceptual Site Plan.............................................................................................................................. 35 Exhibit 22. Drainage Concept with Contributing Area............................................................................................. 37 Exhibit 23. Grier Substation Photo Simulation #1................................................................................................... 41 Exhibit 24. Grier Substation Photo Simulation #2................................................................................................... 42 Exhibit 25. Grier Substation Photo Simulation #3................................................................................................... 43 LIST OF TABLES Table 1: Properties within 1/4-mile of Subject Property............................................................................................8 Table 2. Summary of Hydrologic Parameters: Off -site and On -site Watersheds (Existing Conditions) ................... 15 Table 3. Summary of Hydrologic Analysis (Existing Conditions): Off -site and On -site Watersheds ......................... 16 Table 4. Special Status Species Documented Within 3 miles of Project Vicinity ..................................................... 25 Table 5. Summary of Hydrologic Parameters: Off -site and On -site Watersheds (Existing Conditions) ................... 38 Table 6. Summary of Hydrologic Analysis: Off -site and On -site Watersheds (Existing Conditions) ......................... 38 LIST OF ACRONYMS ac Acre ACC Arizona Corporation Commission AEPCO Arizona Electric Power Cooperative, Inc AG Agriculture u Marana Town Council Regular Meeting Agenda Packet Page 252 of 561 May 21, 2024 ALTA American Land Title Association amsl Above mean sea level APN Assessor's Parcel Number ASM Arizona State Museum AZGFD Arizona Game and Fish Department AZGFD Arizona Game and Fish Department C Commercial CEC Certificate of Environmental Compatibility Cfs Cubic feet per second CMU Concrete Masonry Unit CMID Cortaro-Marana Irrigation District CWA Clean Water Act DG Decomposed granite du/ac Dwelling units per acre ESA Endangered Species Act FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map Fps Feet per second Ft' Square feet HDMS Heritage Data Management System IPaC Information for Planning and Consultation kV kilovolt KVA kilovolt amperes kW kilowatts LOMR Letter of Map Revision MUSD Marana Unified School District MVA megavolt amperes NC Neighborhood Commercial NOAA National Oceanic and Atmospheric Administration NRCS Natural Resources Conservation Service NRHP National Register of Historic Places PSA Purchase Sales Agreement SP (zoning) Specific Plan SP (soils) Standard Proctor TEP Tucson Electric Power Company TN Traditional Neighborhood TOM Town of Marana TRSQ Township Range Section Quarter USFWS US Fish and Wildlife Service USGS US Geological Survey WOTUS Waters of the United States WSS Web Soil Survey Marana Town Council Regular Meeting Agenda Packet Page 253 of 561 May 21, 2024 This page intentionally left blank. m Marana Town Council Regular Meeting Agenda Packet Page 254 of 561 May 21, 2024 I. INTRODUCTION This is a request by Tucson Electric Power Company (TEP) for approval of a rezone of Pima County Assessor Parcel No. (APN) 217-23-0310 (subject parcel) from Small Lot Zone (Zone A) to Neighborhood Commercial (NC) and a minor amendment to the Make Marana 2040 General Plan (General Plan) in order to construct, maintain, and operate a 138/13.8 kilovolt (W) electric substation. As early as 2007, TEP identified the need for a new substation in the northwest portion of its service area (Exhibit 1: TEP Service Area) as evidenced in the filing of its 10-year plan with the Arizona Corporation Commission in 2008. The downturn of the economy slowed this need. However, as both the economy and land development have recovered, the need for electric capacity has increased. Due to continued and steady growth in the Town of Marana (TOM), a new substation is needed to support electric services and reliability for current, planned, and future development in TOM and the surrounding area. The subject parcel is located just outside of TEP's service area. Transmission and distribution lines would connect the substation to TEP's facilities in its service area via distribution and transmission lines. TEP operates and maintains generation and transmission facilities throughout Arizona and into New Mexico to bring safe, reliable power to customers in its service area. Exhibit 1. TEP Service Area PM 217.23.0010 i ..4- — 1 � \ 'Ason i 'Jr r 16 C. MEMEL- r ♦ _ l;Kt Legend Aiuona Counties N k 0 07515 3 J5 6 Q Mauna units Cenbal Arizona Project TEP Miles 0 TEP Se�wce A,ea r� j Subject Piopetty Tucson Electric Power 1 Marana Town Council Regular Meeting Agenda Packet Page 255 of 561 May 21, 2024 In 2019, TEP completed the Marano Area Study to determine how new development can be served reliable electric service in the northwest portion of its service area. The Marana study area encompasses 13.9 square miles, located north of North Tangerine Farms Road, east of North Trico Road, and west of Interstate-10 (Exhibit 2: TEP Marana Area Study). The study determined that the 2019 peak demand was 15.10 megavolt amperes (MVA) and a future peak demand of 166.98 MVA at full build -out' is anticipated. Four (4) existing TEP distribution circuits serve the study area. Two circuits are fed from TEP's existing 46-kV Lateral 7 %2 Substation. The other two circuits are fed from TEP's 138-kV North Loop Substation. To provide contingency support to existing circuits and allow for greater flexibility in response to outages, construction of a new distribution substation is necessary. Exhibit 2. TEP Marana Area Study Figure 1- Study Area and Load Center 11-11-07 11-11-08 11-11-09 1-10-11-11 11-11-12 Z 1 b'J 18 11-11-1 11-11-16 11-N-15 b14 11-11-13 W Ki iby ughes Rd p 11-11-19 3 11-11-20 11-11-21 11-11-22 11-11-23 Z W Marana Rd O W Grier Rd Z 11-11-29 11-11-28 11-11-27 11-11-26 11-11-25 11-11-30 W Barnett Rd W Moore Rd v 1 r u 11-11-31 11-11-32 11-11-33 11- j tt 11-11-35 11-1 Z n Z N Tangerine Fa ms Rd Legend - Existing 46kV Study Boundary Existing 138kV Calculated Load Center Existing Lateral 7 - % Su bst at io n 11-10-�� 11-10-12 11-10-13 11-10-14 O t` Z 11-10-23 11-10-2 W Trim Marana d 11-10-26 11.10.25 11-10-35 11-1036 ' The projected MVA was determined by identifying what each vacant land parcel in the study area is zoned for, finding the total acreage associated with each empty parcel in each Township, Range, Section, and Section Quarter (TRSQ), then multiplying the projected load in kilowatts (kW) per acre, based on that parcel's zoning, by the number of available acres, and then converting WA to MVA. 2 Marano Town Council Regular Meeting Agenda Packet Page 256 of 561 May 21, 2024 Based off both the 2019 load profile and the forecasted load in the study area, the load center was calculated to be northeast of the intersection of North Sanders Road and West Grier Road. This load center indicates the ideal location for a new TEP 138/13.8-kV substation that will provide adequate power within the Marana study area. In May of 2023, TEP installed a temporary mobile substation in the study area and is currently performing system upgrades at the Lateral 7 % 46-kV Substation to maintain system reliability and keep pace with the growing electrical demand in TOM until a new substation can be built and placed into operation. To accommodate the existing needs, future load growth, and improve system reliability, as well as retire the Lateral 7 % 46-kV Substation, TEP proposes to construct, maintain, and operate the proposed Grier 138/13.8-kV Substation. The new substation would be sourced from the existing North Loop to Tortolita Quad Circuit (east of 1-10), utilizing the recently approved (by the Arizona Corporation Commission (ACC)) Arizona Electric Power Cooperative, Inc. (AEPCO)/TEP double -circuit Marana to Saguaro 115/138-kV transmission line, which would then loop back to the existing North Loop to Tortolita Quad Circuit via an as yet, undetermined route, in order to provide needed redundancy to the grid. Siting for this undetermined route will follow (in the event of) approval of the rezone and minor plan amendment request. The transmission line will require approval from the ACC. A. Site Selection Beginning in 2020, TEP land use planners, engineers, and their consultants conducted a detailed study to identify and evaluate suitable sites near the load center. As outlined below, each site was screened for technical and logistical constraints that are typically applied during the site selection process for new substations. The new substation site must: • Be available for purchase from a willing seller; • Meet Substation and Distribution Planning's technical system requirements; • Accommodate a substation footprint of approximately 12 acres, as well as associated jurisdictional setback requirements; • Avoid or minimize impacts to natural or cultural resources (i.e., washes, riparian areas, historic properties, threatened or endangered species, etc.); • Be compatible with surrounding land uses, particularly existing adjacent residential land uses; and • Be the most cost-effective siting option (e.g., property cost close to market value, least cost for associated improvements necessary to distribute power from the location). Over a more than two-year period, TEP evaluated 10 potential substation sites to determine the most suitable location for the new substation. The results of the selection process identified the subject parcel as the most suitable location with a willing seller. This location also meets substation and distribution technical system requirements, avoids or minimizes impacts to natural or cultural resources, and is compatible with surrounding land uses. 3 Marana Town Council Regular Meeting Agenda Packet Page 257 of 561 May 21, 2024 TEP has entered into a Purchase Sales Agreement (PSA) with Cortaro Farms, Ltd. for the purchase of the subject parcel in Township 11 South, Range 11 East, SW % Section 19, which will be executed in the event a rezone and minor plan amendment are granted by TOM (Exhibit 3: Grier Substation Location). Exhibit 3. Grier Substation Location B. Anticipated Benefits to the Community The importance of reliable energy grows more important as technologies develop, and communities grow. High- speed internet and regular access to electricity have become necessary commodities in 2024 and will continue to be so into the future. The General Plan has laid out the top priorities for Marana's continued development and includes the utilization and improvement of public services and facilities. Building new substations with the ability to accommodate future upgrades can help ensure the long-term viability and adaptability of the electrical grid. Enhanced voltage control via new substations helps to prevent damage to appliances and electrical equipment, it enhances grid efficiency, and helps to maintain stable voltage levels throughout the system. With modern technologies, a new substation would improve reliability and resilience to the electric grid in TOM, as well as increase the grid's capacity. Once in service, the proposed Grier Substation will strengthen electric reliability for customers, meet future energy needs, and expand power capacity in the area to help drive economic development throughout northwestern 4 Marana Town Council Regular Meeting Agenda Packet Page 258 of 561 May 21, 2024 Marana. The proposed Grier Substation will support several large approved/planned projects in the area depicted on Exhibit 7: Subdivisions and Development Plans, that include: • Southern Arizona Logistics — An industrial and retail planned space covering 1.7 million ftz. • Ranch House (formerly Sanders Grove)- Up to 3,500 residential units and commercial space. • Gladden Farms Commercial Area- A commercial center to include a Fry's Grocery Store, fuel center, retail, and restaurant pads. • Remington Ranch, Phase 2 - A re -subdivision of Block 1 of Remington Ranch, a residential community. • Cypress Gardens - A detached single-family residential subdivision. • TOM Community and Aquatic Center- multi -generational recreation/community center that includes fitness and exercise facilities, multi -use gymnasium, indoor walking track, reservable classroom and meeting space, and an aquatics facility. • Wentz 154 Development Project —154 acres on the corner of Wentz and Marano Roads to accommodate approximately 690 new residential lots. • Rancho Marano Towne Center — Mixed -use development project with potential for large amounts of apartments and commercial use. C. Adherence to Make Marana 2040 and Strategic Plan 5 The General Plan identifies the subject parcel as being located within the Central Growth Area with a future land use designation of Traditional Neighborhood (TN). The TN category provides for a range of residential densities between 2 du/ac (dwelling units per acre) and 18 du/ac, along with limited commercial, offices, education, and religious institutions and is consistent with existing zoning districts A, R-16, R-10, R-8, R-7, R-6, R-3.5, MH, MR-1, MR-2, NC, VC, and BU. As the subject parcel is within Zone A, it will require a rezone to NC, which allows for the permissible development of the subject parcel as an electric substation. Also, as the proposed development of the substation exceeds 15 acres, a minor plan amendment to change the subject parcel's designation from TN to Commercial (C) on the General Plan's Future Land Use Map would be required. However, the Grier Substation does support the TOM's goals and policies. Specific goals from the Marana General Plan that the proposed Grier Substation would adhere to, and support include but are not limited to: • Non-residential development is compatible with existing and planned residential areas (BE-2) - TEP 138- kV substations are integrated successfully in residential neighborhoods throughout its service area (see Appendix A: Examples of Existing TEP Substations), • Residential areas are well -served by a full range of supporting land uses that contribute to a balanced community (BE-7) — The proposed Grier Substation supports existing and future residential development and would be part of the balanced community, • Multi -family development in Marana is of high design quality and is supported by necessary infrastructure and community serving uses (BE-9) —The proposed Grier Substation provides the infrastructure necessary to support multi -family development, • Marana prioritizes infrastructure enhancements and extensions that support desired new growth and development in an efficient and sustainable manner (BE-14) — As communities increasingly transition to renewable energy sources, a high -voltage substation becomes essential for integrating renewable energy Marana Town Council Regular Meeting Agenda Packet Page 259 of 561 May 21, 2024 into the grid. The substation can handle the fluctuations in power generation from renewable sources like wind and solar, contributing to the TOM's sustainability goals, and • Maintaining an inventory of development -ready sites to attract future businesses (PC-7) - Investing in a 138-kV substation demonstrates foresight in anticipated future growth. This type of infrastructure is designed to accommodate expansion and increased demand over the long term. II. DEVELOPMENT CAPABILITY REPORT A. Location and Onsite Land Use As shown in Exhibit 4: Regional Location, the subject property is located three miles to the west of downtown Marana, just northwest of the Santa Cruz River. This 19.5413-acre parcel, identified by Pima County Assessor's Parcel Number (APN): 217-23-0310, is located at 13860 W. Grier Road Marana, Arizona 85653 (temporary address assigned by TOM), in the East half of the Southeast Quarter of the Southwest Quarter of Section 19, Township 11 South, Range 11 East, on the north side of Grier Road, Marana, Pima County, Arizona. Exhibit 4. Regional Location of Pi Yam.'` _ .' rtMn _....r'.:..�..........:..... �......:........... Lmend C3 Maiana Imits !: J Sub)ect Piopeity � •F_ 19 FP N ° TEP 05, 2 3 O Aiuona Counties Miles Cenbal Puizona Pio)ect Tucson Electric Power A 6 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 260 of 561 The property is currently vacant and used as an agricultural field. The southeast corner of the property was formerly a residential site. Historical US Geological Survey (USGS) aerial photographs from 1958 and a historical USGS quadrangle map from 1959 show that the residential structures were present by this time. The rural property record card for this parcel places the construction date in 1950, and records the main building as a simple, rectilinear, four -family dwelling (four apartments) constructed of painted cement blocks. This building likely served as housing for farm staff and was recorded as having been demolished in 1972. The most recent USGS quadrangle map to depict the possible farm or ranch house dates to 1996, and the rural property record card classifies the parcel as a homesite as late as 1999; however no additional building information was provided with this update. It is possible that a subsequent, temporary structure was added to the property after the demolition of the apartment block in the 1970s. Vestiges of these residential uses are apparent in the remains of building foundations and pads. The area also has a large fan palm on the old homesite along with other native and non- native herbaceous plants as can be seen in Exhibit 3: Grier Substation Location, above. In addition, the subject property has unused irrigation canals on the south property boundary, running parallel to Grier Road and on the north and west sides of the old homesite. Active Cortaro-Marana Irrigation District (CMID) irrigation canals run the length of the east and north property boundaries. See Section III.L.6 for details regarding TEP's coordination with CMID. B. Information on Properties within a Quarter Mile 1. Existing Zoning The subject property is located within the Small Lot Zone (Zone A), one of TOM's Legacy zones. This zoning permits residential, commercial, industrial, and quasi -public land uses so long as each such land use is conducted on a lot no larger than 2.5 acres. The subject property is farmed, as is allowed per section 17-4-2 of the TOM Code of Ordinance in which agricultural practices may be conducted in a Zone A lot under the same circumstances as they are permitted in the Agriculture (AG) zone. Zoning within a 1/4 mile of the subject property consists of a mix of residential and Specific Plan (SP) zones, as well as a nearby designated floodplain (see Exhibit 5: Existing Zoning Within 1/4 Mile of Subject Property and Table 1: Properties within 1/4-mile of Subject Property below): • North: Anway Farms SP • South: Zone B — Medium Lot Zone • East: Zone A — Small Lot Zone • West: Zone A — Small Lot Zone 7 Marana Town Council Regular Meeting Agenda Packet Page 261 of 561 May 21, 2024 Exhibit 5. Existing Zoning within 114 Mile of Subject Property i moo• !� i Now Legend N J Subject Property With 1/4-mlk Buffer ■ `r /� 0 0.25 0.5 N MileS Tucson Electric Power Table 1: Properties within 1/4-mile of Subject Property North South East West Zone A- Small -lot Zone Zone Zone B Zone A SP- Specific Plan Zone D- Designated (Jurisdictional) Medium -lot Zone Small -lot Zone Floodplain General Plan Master Planned Traditional Traditional Traditional Designation Area Neighborhood Neighborhood Neighborhood Land Use Grier Road, Single-family Farmland Farmland (Existing) Farmland Residential Building Height N/A N/A 1-story N/A Commercial, Likely Likely Residential or Land Use (Future) Technical, Residential or Residential Mixed -Use Apartments Mixed -Use 0 Marana Town Council Regular Meeting Agenda Packet Page 262 of 561 May 21, 2024 2. General Plan Land Use Designation The General Plan identifies the subject parcel as being located within the Central Growth Area with a future land use designation of TN. The TN category provides for a range of residential densities between 2 du/ac and 18 du/ac, along with limited commercial, offices, education, and religious institutions and is consistent with existing zoning districts A, R-16, R-10, R-8, R-7, R-6, R-3.5, MH, MR-1, MR-2, NC, VC, and BU. As the subject parcel is within Zone A, it will require a rezone to NC, which allows for the permissible development of the subject parcel as an electric substation. Also, as the proposed development of the substation exceeds 15 acres, a minor plan amendment to change the subject parcel's designation from TN to C on the General Plan's Future Land Use Map would be required. However, the Grier Substation does support the TOM's goals and policies. Specific goals from the Marana General Plan that the proposed Grier Substation would adhere to, and support include but are not limited to: • Non-residential development is compatible with existing and planned residential areas (BE-2) - TEP 138-kV substations are integrated successfully in residential neighborhoods throughout its service area (see Appendix A: Examples of Existing TEP Substations), • Residential areas are well -served by a full range of supporting land uses that contribute to a balanced community (BE-7) — The proposed Grier Substation supports existing and future residential development and would be part of the balanced community, • Multi -family development in Marana is of high design quality and is supported by necessary infrastructure and community serving uses (BE-9) — The proposed Grier Substation provides the infrastructure necessary to support multi -family development, • Marana prioritizes infrastructure enhancements and extensions that support desired new growth and development in an efficient and sustainable manner (BE-14) — As communities increasingly transition to renewable energy sources, a high -voltage substation becomes essential for integrating renewable energy into the grid. The substation can handle the fluctuations in power generation from renewable sources like wind and solar, contributing to the TOM's sustainability goals, and • Maintaining an inventory of development -ready sites to attract future businesses (PC-7) - Investing in a 138-kV substation demonstrates foresight in anticipated future growth. This type of infrastructure is designed to accommodate expansion and increased demand over the long term. 3. Surrounding Existing Land Use Properties to the north, east, and south are farmland. Six residential properties border the west subject property boundary. Five of these parcels are approximately one acre in size. The furthest south parcel is more than 2.5 acres in size. The floodplain from the Santa Cruz River is located to the southwest, less than a tenth of a mile from the subject property. The surrounding land uses are listed below and depicted in Exhibit 6: Surrounding Land Use: • North: Farmland • South: Farmland • East: Farmland • West: Residential 0 Marana Town Council Regular Meeting Agenda Packet Page 263 of 561 May 21, 2024 Exhibit 6. Surrounding Land Use 4. Pending and Conditional Rezoning Cases There are no pending or conditional rezoning cases within five miles of the subject property. 5. Subdivisions & Development Plans The nearest planned subdivision to the subject property is Bridle Bit Ranch, located on Grier Road, approximately % mile west. The next nearest planned subdivision is Remington Ranch, located southeast of the subject property at North Sanders Road and West Barnett Road. The nearest active development is Villages at Barnett, located southeast of the subject property at North Sanders Road and West Grier Road (see Exhibit 7: Subdivisions & Development Plans, below.) 10 Marana Town Council Regular Meeting Agenda Packet Page 264 of 561 May 21, 2024 Exhibit 7. Subdivisions & Development Plans C. Septic Systems and Wells There are no septic systems or wells present on the subject property. The nearest regulated well sites are located approximately 0.5 miles to the east near the intersection of West Grier Road and North Wentz Road. A non-exempt well owned by Tomas Hum is located northwest of the intersection and a non-exempt well owned by Cortaro- Marana Irrigation District (CMID) is located northeast of the intersection. D. Topography and Slope TEP completed an ALTA survey of the subject property. Elevation points are shown on the survey located in Appendix B: ALTA Survey and summarized below. The site is flat with a less than 1% northwest -facing slope and an elevation of 1,950'-1,952' above mean sea level (amsl). The old home site area in the southeast corner of the subject property sits approximately two feet higher (1,952' amsl) than the majority of the site (1,950' amsl) (Also see Exhibit 8: Topography and Slope, below). 11 Marana Town Council Regular Meeting Agenda Packet Page 265 of 561 May 21, 2024 1. Hillside and Conservation Areas: No hillside or conservation areas exist onsite. 2. Rock Outcrops: A review of the Natural Resources Conservation Service (NRCS) soils data found that no rock outcrops are located onsite. 3. Slopes of 15% or greater: No slopes are 15% or greater. 4. Other Significant Topographic Features: No other significant topographic features exist onsite. 5. Existing Grading and Ground Disturbance: As stated previously, the subject property is used for agriculture purposes. As a result, the entire parcel has been graded/regraded/disturbed to support this use. The construction of the substation would not disturb any new areas and as a result of the landscaped buffers and water harvesting basins, some areas that were disturbed will, to some degree, be recovered. Exhibit 8. Topography & Slope 12 Marana Town Council Regular Meeting Agenda Packet Page 266 of 561 May 21, 2024 E. Hydrology 1. Off -site Hydrologic Analysis The off -site hydrologic analysis was divided into three separate components based on their contributing areas. The first contributing area is associated with the Santa Cruz River, located west of the subject parcel. The second is the contributing watershed associated with the runoff stemming from the Tortolita Mountains, located east of the subject parcel. The third was associated with abutting properties located directly east and south of the subject parcel. a) Santa Cruz River Watershed A review of the 'Technical Support Data Notebook for the Letter of Map Revision (LOMR) Santa Cruz River, Sanders Road to Pinal County, Arizona', prepared byJE Fuller/Hydrology and Geomorphology, Inc. (JE Fuller 11-15-2021) for the Pima County Regional Flood Control District, determined that during the 100-year storm event, runoff from the Santa Cruz does not impact the subject parcel. Exhibit 12: 100-year Flood Limits for the Santa Cruz River illustrates the 100-year flood limits for the Santa Cruz River and is provided in Section E.3: Hydraulic Discussion, below. b) Tortolita Mountains Watershed To evaluate the impacts stemming from the Tortolita Mountains Watershed, the 'Technical Support Data Notebook for the Letter of Map Revision (LOMR) Santa Cruz River, Sanders Road to Pinal County, Arizona,' was again consulted as the LOMR application included hydrologic and hydraulic analysis associated with this regional watershed. Per this review it was determined that during the 100-year event, runoff from the regional watershed originating in the Tortolita Mountains does not impact the subject parcel. Exhibit 13: 100-year Flood Limits for the Tortolita Mountains illustrates the 100-year flood limits for the Tortolita Mountains and is provided in Section E.3: Hydraulic Discussion, below. c) Local Off -site Watersheds Given that runoff from the larger watersheds does not impact the subject parcel, the off -site hydrologic analysis focused on the runoff generated solely by the local watersheds directly east and south of the subject parcel. In determining the contributing area impacting the subject parcel from the south and east, aerial topography was confirmed via site reconnaissance. Based on this, it was determined that runoff south of Grier Road flows east and is discharged directly into a tributary of the Santa Cruz River. Based on existing site topography, runoff generated by the properties to the east of the subject parcel flows northwest. This contributing area is primarily fallow farm fields and a portion of Grier Road. To determine the runoff generated by this contributing area, two off -site watersheds were delineated (Off- 1 & Off-2). Two watersheds were created for the purpose of quantifying the design discharges used in the proposed drainage design discussed in Section III.F of this document (see Exhibit 9: Off -site Watershed). 13 Marana Town Council Regular Meeting Agenda Packet Page 267 of 561 May 21, 2024 Exhibit 9. Off -site Watershed 1950- t 4J o JUDYn •► sfk'.�j�-ram^+ v a'• r 1 a O �i ��RRRjjjVVV��L)))V a 1950 �b a p a T _ A D � C n Ar t 0 150 300 600 900 Feet Legend w �r L _ _ on -site Sils V 5 Q Off_Wtshd OProject Location Streets Parcels �\ \ Regulatory Watershed 1 Off-2 o DA- 19.77'ac 0100 = 28.2 cfs �e DA - 2 73 ac, s.-_ — -��0100.=!10.4•cfs _ - GRIER - fy I�gil��I�I�i .T� ri To quantify the peak discharges for the watersheds associated with the proposed substation development, Pima County's interpretation of the Rational Method embedded in the online software program, PC Hydro (V AL was utilized. PC Hydro is used to quantify peak discharges for watersheds in Pima County encompassing less than 10 square miles. Input parameters used to define the off -site watersheds were based on the parameters recommended in the PC Hydro User Manual. Rainfall data for the 100-year event was extracted from the National Oceanic and Atmospheric Administration (NOAA) 14 dataset. On -site soils information was obtained from the NRCS Soils Survey for Pima County, Arizona. A list of the parameters used in the analysis is provided in Table 2: Summary of Hydrologic Parameters: Off -site and On -site Watersheds (Existing Conditions). Once the parameters were determined, PC Hydro calculated the peak discharges within the program. The results are presented in Table 3: Summary of Hydrologic Analysis (Existing Conditions). 14 Marana Town Council Regular Meeting Agenda Packet Page 268 of 561 May 21, 2024 2. On -site Hydrologic Analysis (Existing Conditions) a) On -site Watersheds The on -site hydrologic analysis divided the subject parcel into two contributing areas based on the planned future layout of the substation. These two sub -watersheds are presented in Exhibit 10: On -site Watersheds below. The analysis for the onsite watersheds was also based on PC Hydro with the parameters obtained from the same sources discussed above. These parameters are also presented in Table 2: Summary of Hydrologic Parameters: Off -site and On -site Watersheds (Existing Conditions). The results of the analysis are presented in Table 3: Summary of Hydrologic Analysis (Existing Conditions). Exhibit 10. On -site Watersheds Table 2. Summary of Hydrologic Parameters: Off -site and On -site Watersheds (Existing Conditions) Contributing Watershed 100-Rainfall Depth (inches) Hydrologic Soil Type Impervious Cover N Basin Factor Watershed Slope (%) Runoff Coefficient 100-yr Event Off-1 2.46 100% 8 0 0.05 0.8 0.47 Off-2 2.46 72% B, 28% C 0 0.05 0.8 0.5 On-1 2.46 100% 8 0 0.05 0.11 0.47 On-2 2.46 100% B 0 0.05 0.11 0.47 15 Marana Town Council Regular Meeting Agenda Packet Page 269 of 561 May 21, 2024 Table 3. Summary of Hvdroloaic Analvsis (Existing Conditions): Off -site and On -site Watersheds Contributing Watershed Drainage Area (acres) 2-year Peak Discharge (cfs) 10-year Peak Discharge (cfs) 100-year Peak Discharge (cfs) Off-1 2.70 1 2.4 10.4 Off-2 19.80 2 5.1 28.2 On-1 1.98 0.2 0.5 3.1 On-2 1 17.40 1.7 4.8 27.3 *cfs = cubic feet per second 3. Hydraulic Analysis a) Effective Federal Emergency Management Agency Floodplains A review of Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map (FIRM) Panel 04019C1010L, determined that the subject property does not lie within the 100-year floodplain or floodway for the Santa Cruz River. It does, however, lie within the Special Flood Hazard Zone X, which is associated with the 500-year floodplain. A map illustrating the effective FEMA floodplains is provided in Exhibit 11: FEMA Floodplain, below. Exhibit 11. FEMA Floodplain National Flood Hazard Layer FIRMette $ FFM.A 0 250 500 1.000 1,500 2000. 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Map Mans fIX ngulalOry Marana Town Council Regular Meeting Agenda Packet Page 270 of 561 May 21, 2024 b) Santa Cruz River/Tortolita Mountains Watershed Flood Inundation Discussion A review of the 'Technical Support Data Notebook for the Letter of Map Revision (LOMR) Santa Cruz River, Sanders Road to Pinal County, Arizona' confirmed that the subject parcel is outside of the 100-year floodplain for the Santa Cruz River and is not affected by the Tortolita Mountains Watershed. Exhibits 12 and 13 depict the 100-year flow depths and 100-year floodplain as determined in the LOMR. See Exhibit 12: Santa Cruz River 100-year Flow Depth and Exhibit 13: Tortolita Mountains 100-year Flow Depth, below. 17 Marana Town Council Regular Meeting Agenda Packet Page 271 of 561 May 21, 2024 Exhibit 12. Santa Cruz River 100-year Flow Depth Mt In r 19 — �: -Esr - JUDY o _ - yy of r rn Legend ja' �ProjectLocabon `1v E Streets ti Regulatory Watershed Parcels 100-yr Flow Depths (Santa Cruz River) 0.2' - os• t.0 - 2.0' o . 2.0. 3.0 1 150 300 600 900 100-yr Flood Elevations 18 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 272 of 561 Exhibit 13. Tortolita Mountains 100-year Flow Depth f , Qk- 900 N Legend OProject Locatron +1; Streets Regulatory Watershed Parcels 100-yr Flow Depths (Tortolita Watershed) 0 2 0.2'-0.5' 0.5' - 1.0- J I.U-2.0' '3.0- 19 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 273 of 561 Because the effective FIRM provides limited information on the flow depths associated with the Special Flood Hazard Zone X, the flow depths impacting the subject parcel were extracted from the hydraulic models generated as part of the 'Technical Support Data Notebook for the Letter of Map Revision (LOMR) Santa Cruz River, Sanders Road to Pinal County, Arizona'. Exhibit 15: Santa Cruz River 500-year Flow Depth and Exhibit 16: Tortolita Mountains 500-year Flow Depth below depict the 500-year flow depths and the 500-year floodplain as determined as part of the LOMR. Based on the above analysis, it was determined that the subject parcel is impacted by runoff from the Santa Cruz River 500-year flow depth as well as the Tortolita Mountains 500-year flow depth. For the purposes of determining scour and setting the elevations for the fill pads and equipment, the flow parameters associated with the 500-year event from the Santa Cruz River model will be used. The use of the 500-year hydraulic parameters is in accordance with Marana Town Code Chapter 17-15-10 H. c) Santa Cruz River Erosion Hazard Setback Per the Pima County Code Title 16.28, the erosion hazard setback from the Santa Cruz River is 500 feet. The setback, as measured from the bank of the main channel, does not extend to the subject parcel. The setback is presented in Exhibit 14. 20 Marana Town Council Regular Meeting Agenda Packet Page 274 of 561 May 21, 2024 Exhibit 14. Erosion Hazard Setback Map e RRv + — � V A JUDY b r• 'Y r� _ i •+ w fie, , ,•�� ,• •� `'t _ _�Y Y -_ — - 07 t :44 Legend Erosion Hazard Setback (500 ft) Project Location -73 ry 0 150 300 600 Streets 900 Parcels n+ Feet- --- • -- '- ' 1 s 21 Marana Town Council Regular Meeting Agenda Packet Page 275 of 561 May 21, 2024 Exhibit 15. Santa Cruz River 500-year Flow Depth 22 Marana Town Council Regular Meeting Agenda Packet Page 276 of 561 May 21, 2024 0 Exhibit 16. Tortolita Mountains 500-year Flow Depth 01, J 150 300 600 900 Feet I Legend N Project Location w+F — Streets S = Regulatory Watershed Parcels 500-yr Flow Depths (Tortolita Watershed) <0.2- - O,Z-0.6 1.0.2.01 - 2.0 - 3.a - ' 3.0- 23 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 277 of 561 F. Vegetation 1. Vegetative Communities The parcel falls within the Lower Colorado Subdivision of the Sonoran Desertscrub biome in southeast Arizona. This ecosystem is characterized by an arid climate with vegetation well -adapted to dry conditions such as creosotebush (Larrea tridentate), saguaro (Carnegeia gigantea), and mesquite trees (Prosopis spp.). The subject property, however, has been converted to farmland and has been mostly stripped of any native vegetation, apart from amaranth, corn, and the occasional desert grass growing within and along the existing irrigation canals. 2. Significant Vegetation There is no significant vegetation within the parcel, as it is an agricultural field. No sensitive flora or fauna species have been identified within the subject property. 3. Vegetative Densities The only vegetation cover is located at the southeast corner of the subject property, associated with the vestiges of the old housing site. Vegetation is limited, however, to a large fan palm tree (Washingtonia sp.) and other native and non-native herbaceous growth. G. Wildlife 1. Background Research In support of Section 7 of the Endangered Species Act (ESA), the Arizona Game and Fish Department (AZGFD) Heritage Data Management System (HDMS) was accessed in September of 2023 to locate records of habitat and sensitive species occurrence within three miles of the subject property (Appendix C: AZGFD Online Environmental Review Tool Report). Additionally, personal communication with the US Fish & Wildlife Service (USFWS) field office in Tucson has determined that while cactus ferruginous pygmy owl (Glaucidium brasilianum cactorum) may be in the area, there is no suitable habitat for the owl on site and no further action is required (Appendix D: USFWS Correspondence). 2. Presence of Sensitive Species HDMS online environmental review tool identified eight Special Status species documented as occurring within three miles of the subject property. These species and their status are listed in Table 4: Special Status Species Documented within 3 Miles of Project Vicinity below. 24 Marana Town Council Regular Meeting Agenda Packet Page 278 of 561 May 21, 2024 Table 4. Special Status Species Documented Within 3 miles of Proiect Vicinitv Scientific Name Common Name FWS USFS BLM NPL SG Athene cunicularia hypugaea Western Burrowing Owl SC S S 2 Coccyzus americanus Yellow -billed Cuckoo (WDPS) LT S S Cynanthus latirostris Broad -billed Hummingbird S 2 Empidonax traillii extimus Southwestern Willow Flycatcher LE S 1 Falco peregrinus anatum American Peregrine Falcon SC S S 1 Lanius ludovicianus Loggerhead Shrike SC 2 Melozone aberti Abert's Towhee S 2 Myotis velifer Cave Myotis SC S 2 Note: FWS— Fish and Wildlife Service; USFS— US Forest Service; BLM — US Bureau of Land Management; NPL—Arizona Native Plant Law; SGCN — Species of Greatest Conservation Need; CCA - Candidate Conservation Agreement; LE - Listed Endangered; PT - Proposed Threatened; SC - Species of Concern; S — Sensitive; SR - Salvage Restricted (collection only with permit); SGCN — Species of Greatest Conservation Need 3. High densities of given species population As indicated by the HDMS review, there are no high densities of a given species located within the boundaries of the subject property. 4. Aquatic or Riparian Ecosystems There are no aquatic or riparian ecosystems present onsite. 5. Wildlife Corridors A Pima County Wildlife Movement Area intersects with the subject property, as identified in the AZGFD HDMS report. This is a 'Special Area' that is part of the larger Coyote -Ironwood -Tucson Linkage Design, designated for wildlife connectivity between the Tucson Mountains and the Santa Cruz River (see Appendix B. page 6, for map of Wildlife Movement Area). One soil type is found on the subject parcel. Gila Loam, 0 to 1 percent slopes (GbA), or Hydrologic Soil Group 'B' (Pima County Hydro Map) covers 100% of the subject property (Exhibit 17: Soils). Commonly located on floodplains, the parent material of Gila Loam is mixed stream alluvium and is well drained. There are more than 80 inches between the soil surface and the underground water table, and is described as, 'Prime farmland if irrigated and either protected from flooding or not frequently flooded during the growing season' by the NRCS Web Soil Survey (NRCS WSS). 25 Marana Town Council Regular Meeting Agenda Packet Page 279 of 561 May 21, 2024 Exhibit 1 Z Soils I. Viewsheds The subject property is located east of the Tucson Mountains just south of Marana Road and west of North Sanders Road. The natural topography of the site is flat and has historically been used as farmland. A gentle <1% slope to the northwest exists on a broader level that would include adjacent properties, allowing for mostly unobstructed views in all directions. Existing condition site photos were taken from the locations depicted in Exhibit 18: Site Photo Locations and site photos are provided in Exhibits 19 & 20: Site Photos. Near- and mid -range views of the subject property, approaching from Grier Road are of agricultural fields, a fan palm at the southeast corner of the subject property, and the residences along North Jane Avenue. Long-range views are mainly of fields and sky. Views from the residences looking east and northeast towards the subject property are of fields in the near- and mid -range. Long-range views are of the Tortolita Mountains. Near- and mid- range views looking south towards the subject property from Marana Road or from the fields to the north are of fields and the residences along North Jane Avenue. Long-range views are of the Tucson Mountains. Near- and mid- range views looking west towards the subject property from the fields to the east are of fields and the residences along North Jane Avenue. Long-range views are of the Silver Bell Mountains. 26 Marana Town Council Regular Meeting Agenda Packet Page 280 of 561 May 21, 2024 Exhibit 18. Site Photo Locations Legend Subject Parcel Photo Point Location TEP Tucson Electric Power A 27 0 65 130 260 390 520 Feet Marana Town Council Regular Meeting Agenda Packet Page 281 of 561 May 21, 2024 Exhibit 19. Site Photos 1-6 1. View from old homesite in SE corner of the parcel looking West on Grier Rd. 4. View from homesite in SE corner of the parcel looking Northwest. Note homes on Jane Ave. in the distance. 2. View from old homesite in SE corner of parcel looking North 3. View from old home site in SE corner of parcel looking East 5. View from dirt road along West edge of parcel looking East. For refer- ence, note palm tree in SE corner of parcel on old hone site. M 6. View from dirt road along West edge of parcel looking North. i I Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 282 of 561 Exhibit 20. Site Photos 7-12 7. View from dirt road along West edge of parcel looking East. 10. View from North side of parcel looking directly South. 8. View from dirt road along West edge of parcel looking southeast. For reference, note palm tree in SE corner of parcel on old home site. 11. View from NE corner of the parcel looking SW. Note canals along eastern and northern boundaries of the parcel. 29 9. View from northwest corner of parcel looking southeast. For refer- ence, note palm tree in SE corner of parcel on old home site. 12. View from dirt road along East edge of parcel looking South. Note canal along eastern boundary. Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 283 of 561 J. Road Right -of -Way Grier Road is located on the south boundary of the subject property and is identified by TOM as an existing arterial road with a 60-foot right-of-way (Appendix B: ALTA Survey). Grier Road is identified in the General Plan as having a future right-of-way width of 150' (75' on each side of the section line). K. Traffic The subject property is located on the north side of Grier Road just before it turns to the north to connect with Berry Street. Grier Road is identified by TOM as an existing arterial road that connects with Downtown Marana and the 1-10 frontage road. Traffic in this area is typical of a rural setting and composed of residential, commercial — serving residential uses, and agricultural land uses. Marana Road to the north is more heavily trafficked and connects with Trico Road to the west. L. Recreation and Trails There are several city parks within a few miles of the subject property with the closest being less than two miles away. These 'Open Space' areas are intended for public recreation and resource conservation, including any passive undisturbed natural areas along the Santa Cruz River. Primary and secondary bikeways are planned near the subject property and will spread throughout Marana per the current General Plan. Picacho Peak State Park is located roughly 13 miles to the north of the subject property, and the Tucson Mountains division of Saguaro National Park is located roughly 12 miles to the south. The largest park nearby is Ironwood Forest National Monument, located 5 miles to the west. M. Cultural, Archaeological and Historic Resources Information regarding cultural, archaeological, and historical resources on site can be found in the document titled 'A Cultural Resources Assessment in Support of the Grier Substation Project, Marano, Pima County, Arizona' conducted by Westland Engineering & Environmental Services in January 2024, which is submitted under separate cover. Westland performed a cultural resources assessment to better inform the evaluation of subject property APN 217- 23-0310. In order to understand previous survey coverage and known archaeological site density, Westland reviewed existing archaeological survey and site information available in the AZSITE archaeological database and at the Arizona State Museum (ASM) Archaeological Records Office, in addition to historical maps of the Study Area to assess the potential for historical sites that have not yet been recorded. Westland found that the subject parcel has not been previously surveyed. Given the lack of previous survey coverage on the subject parcel, and the proximity of the subject property to the Santa Cruz River, where a high density of prehistoric sites may be expected, Westland recommended that a Class III survey be conducted. The Class III survey is in progress and a copy of the survey report will be provided to TOM when it is complete. In the event any sites are discovered and determined to be A/NRHP-eligible, they will be mitigated through avoidance or as required by State law. 30 Marana Town Council Regular Meeting Agenda Packet Page 284 of 561 May 21, 2024 N. Existing Utilities 1. Water There is no water service on the subject property. The nearest public water main is located east of the subject property at West Grier Road and North Wentz Road. TEP does not intend to connect to the public water supply as the subject parcel has Type 1 water rights. TEP will either utilize CMID water or drill a well for irrigation purposes. The operation of the substation does not require water. 2. Sewer There is currently no sewer service on the subject property. The substation is unmanned and therefore does not require sewer service. 3. Natural Gas There is currently no natural gas service on the subject property. The substation does not require natural gas for operation. 4. Electricity There is currently no electric service on the subject property. Electricity needed for lighting and security would be powered by facilities built as part of the project. 5. Communication There is currently no communication service on the subject property. TEP will install communication equipment as necessary to link the substation to their electric grid. 0. Public Facilities 1. Police The nearest Marana Police Department facilities are at 11555 W. Civic Center Drive, approximately three miles east of the subject property. 2. Fire The nearest fire department is Northwest District Station #341, 13535 N. Marana Main Street, approximately 2.8 miles to the East. 3. Schools The subject property is located within the western portion of the Marana Unified School District (MUSD) located to the west of 1-10. No schools exist within a mile of the subject property, however several schools are located near downtown Marana. The closest school to the subject property is the Marana campus for La Paloma Academy at 13644 N. Sandario Rd 2.5 miles to the east, along with the Community Christian Preschool located at 13808 N. Sandario Rd adjacent to the La Paloma Academy Marana campus. 4. Library The nearest county -owned library is the Wheeler Taft Abbett Sr. Library located 12 miles away at 7800 N. Schisler Dr. Tucson, AZ 85743. 31 Marana Town Council Regular Meeting Agenda Packet Page 285 of 561 May 21, 2024 III. PROPOSED LAND USE PLAN A. Project Overview TEP proposes to construct, maintain, and operate the Grier 138/13.8 kV Substation to accommodate the existing needs, future load growth, and improve system reliability, as well as retire the Lateral 7 % 46-kV Substation in the Marana area. The new substation would be sourced from the existing North Loop to Tortolita Quad Circuit (east of 1-10), utilizing the recently approved (by the ACC) AEPCO/TEP double -circuit Marana to Saguaro 115kV/138-kV transmission line which would then loop back to the existing North Loop to Tortolita Quad Circuit via an as yet, undetermined route, in order to provide needed redundancy to the grid. To meet the energy needs of TOM, TEP has identified the subject property for the proposed Grier 138/13.8 kV Substation that meets substation and distribution technical system requirements, avoids, or minimizes impacts to natural or cultural resources, and is compatible with surrounding land uses. TEP has entered into a PSA with Cortaro Farms, Ltd. for the purchase of APN 217-23-0310, in Township 11 South, Range 11 East, SW % Section 19. B. Relationship to Marana General Plan and Strategic Plar 1. Make Marana 2040 Re -zoning the parcel to accommodate a new substation operated and managed by TEP would further the goals of Marana's General Plan through 2040, in that it will provide the energy requirements for current and future development in the area as laid out in the General Plan. As the subject parcel is within Zone A, it will require a rezone to NC, which allows for the permissible development of the subject parcel as an electric substation. Also, as the proposed development of the substation exceeds 15 acres, a minor plan amendment to change the subject parcel's designation from TN to Commercial (C) on the General Plan's Future Land Use Map would be required. However, the Grier Substation does support the TOM's goals and policies. Specific goals from the Marana General Plan that the proposed Grier Substation would adhere to, and support include but are not limited to: • Non-residential development is compatible with existing and planned residential areas (BE-2) - TEP 138-kV substations are integrated successfully in residential neighborhoods throughout its service area (see Attachment 2 for examples of other TEP substations), • Residential areas are well -served by a full range of supporting land uses that contribute to a balanced community (BE-7) — The proposed Grier Substation supports existing and future residential development and is a part of the balanced community, • Multi -family development in Marana is of high design quality and is supported by necessary infrastructure and community serving uses (BE-9) — The proposed Grier Substation provides the infrastructure necessary to support multi -family development, • Marana prioritizes infrastructure enhancements and extensions that support desired new growth and development in an efficient and sustainable manner (BE-14) —As communities increasingly transition to renewable energy sources, a high -voltage substation becomes essential for integrating renewable energy into the grid. The substation can handle the fluctuations in power generation from renewable sources like wind and solar, contributing to the TOM's sustainability goals, and • Maintaining an inventory of development -ready sites to attract future businesses (PC-7) - Investing in a 138-kV substation demonstrates foresight in anticipated future growth. This type of infrastructure is designed to accommodate expansion and increased demand over the long term. 32 Marana Town Council Regular Meeting Agenda Packet Page 286 of 561 May 21, 2024 It is anticipated that a rezone effort now will permit continued growth within the TOM by providing the infrastructure necessary for planned, proposed, and future power demands. 2. Strategic Plan 5 The Conceptual Land Use Plan furthers Marana's Strategic Plan 5 by promoting the following Focus Areas' goals and strategies: Focus Area 5: Proactive Public Services Goal: Prioritize Infrastructure and Maintenance that Support New Growth and Development in a Proactive and Sustainable Manner. Approval of this rezone and minor general plan amendment request would allow for the Grier Substation to be constructed and operated to serve current and future needs in support of continued development in Marana, as per their goals listed in the General Plan. C. Compatibility with Adjoining Properties The proposed Grier Substation would be compatible with adjoining properties. TEP has existing 138/13.8 kV substations throughout its service territory, many of which are adjacent to residential uses. See Appendix A: Examples of Existing TEP Substations. The substation is an unmanned, passive use and is therefore less intensive than the current agricultural use on site or other potential future permitted uses, such as a residential subdivision or mixed -use development. 1. Dust The substation site would be covered with decomposed granite (DG), gravel, and landscaping to control fugitive dust. 2. Noise Utilizing advanced technology, the 12-foot-tall masonry wall, and landscape buffers; noise associated with the power transformer would not exceed TOM's minimum regulatory stationary noise source standards of 50db at the property boundary. 3. Traffic As the substation is unmanned, only 2-4 trips per month are anticipated for the maintenance and operation of the substation. This is likely less traffic than generated by the existing agricultural use and far less traffic than would be generated were the subject parcel to be developed as a residential subdivision. 4. Views Please see Section 111.1 below. 5. Safety The substation is safe and secured. It is monitored via closed-circuit cameras 24/7 from TEP's headquarters. 33 Marana Town Council Regular Meeting Agenda Packet Page 287 of 561 May 21, 2024 6. Electric and Magnetic Fields Electric and magnetic fields (EMFs) are part of our everyday environment. They are emitted by power lines and other electrically powered systems that light, cool, and heat our homes, provide our communications and entertainment, and support other aspects of our modern lifestyle. EMFs also are produced naturally by the Earth. Concerns related to electric and magnetic fields and their effects on human health have been studied for more than 30 years by scientists, universities, national laboratories, health agencies, and the World Health Organization. According to this large body of research, there are no confirmed health risks caused by exposure to low-level EMFs. The EMFs associated with power lines and electrical devices are much weaker than those associated with other sources such as microwaves or radio waves; they are considered to be "extremely low frequency" fields at 60 Hertz (Hz). These EMFs, at the low end of the electromagnetic spectrum, are described as "non -ionizing" because they are not known to damage DNA or cells directly. TEP's website has additional information related to EMFs including links to studies conducted by the World Health Organization, National Institutes of Health, National Institute of Environmental Health Sciences, Environmental Protection Agency, National Cancer Institute, and American Cancer Society. https://www.tep.com/electric-and-magnetic-fields/ D. Conceptual Site Plan As shown in Exhibit 21: Conceptual Site Plan, the 19.54-acres are intended to accommodate the Grier Substation and associated transmission and distribution facilities. The proposed Grier Substation is generally located on the south half of the property, surrounded by a 12-foot-tall decorative masonry wall and 20-foot-wide security road around the perimeter of the wall. The site will be accessed through ingress and egress driveways off Grier Road. Landscape buffers consisting of drought -tolerant vegetation, typical of the Sonoran Desert will be planted along the perimeter of the property. These landscape buffers effectively create a transition and soften the substation's impacts on neighboring properties (see Appendix A: Existing TEP Substation Examples and Exhibits 22-24: Photo Simulations below). Drainage features in the form of retention basins and drainage canals are also located on all sides of the property (see Section III.F below for additional information) Facilities within the wall consist of a grounding grid, static masts, an equipment shelter, a main transformer, current transformers, circuit breakers, H-frame structures, transmission line drop -in structures, pull boxes, switchgear, as well as overhead and buried primary and secondary power lines. H-frame structure heights would be between 50- 60-feet tall. Drop -in structure and static mast heights would be approximately 75-feet tall. 34 Marana Town Council Regular Meeting Agenda Packet Page 288 of 561 May 21, 2024 Exhibit 21. Conceptual Site Plan • Conceptual Vegetation 20' Driveway Conceptual Underground /cr/� � 12' Masonry Wall O 20' Security Road Distribution Line e Tucson Electric Power Irrigation Channel Landscape Buffers Conceptual Transmission Line v — Parcels, 45' Future Road Right- Grier Substation Drainage Feature of -Way Dedication _ ApprovedTransmission Line Conceptual Retention Basin PME Site Plan New Pull Box •roryp•.•• •_ •. Switchgear 35 Marana Town Council Regular Meeting Agenda Packet Page 289 of 561 May 21, 2024 E. Proposed Topography Portions of the site will require import of fill material to properly convey off -site runoff around the substation, while providing adequate drainage inside the substation and elevating the structural elements of the substation above the 500-year floodplain. While achieving these objectives is paramount, it is also the intent to have the substation blend with the neighboring properties and as such, the conceptual grading design will limit the amount of fill being imported to the east and north portions of the subject property, and certain infrastructure elements to be constructed within the interior of the substation (enclosed structures, electrical cabinets etc.). Based on a conceptual grading analysis, the security road will be elevated in the range of +/- two to three feet. The infrastructure within the perimeter of the wall will be elevated in the range of +/- one to two feet depending on the location within the subject property. F. Proposed Hydrology 1. Drainage Concept A review of the site topography determined that the subject property is recessed compared to the adjacent properties. The site does contain a small drainpipe located at the northwest corner which empties into the existing drainage canal. This pipe serves to provide positive drainage for the subject property. The conceptual drainage design will account for these conditions and maintain historic flow paths. Off -site runoff entering from the east will be captured within a diversion channel located on the east side of the proposed access road. This flow will be conveyed north and then west and discharged into the existing pipe, which outfalls into an existing irrigation canal. On -site runoff will be addressed by a combination of onsite water harvesting/retention, and surface water conveyance/diversion. The site was divided into the following four contributing areas (Dev-1 thru Dev-4): Dev-1, which consists of the southern area of the subject property, outside of the concrete masonry unit (CMU) wall, will be drained to a water harvesting/retention basin located at the front of the property, between the two driveways. This flow will be fully retained within the shallow (depth = 9") basin. Dev-2 constitutes the developed area of the substation inside the CMU wall. The runoff from this area will drain to the west, exit through a series of openings in the wall and be discharged into a 20-foot- wide, 4:1 slope drainage corridor that will serve to both convey flow to the north and to some degree harvest the on -site runoff. Dev-3 consists of the undeveloped area of the substation, north of Dev-2. This contributing area will be stabilized with DG. Dev-3 will be sloped such that the runoff will drain to the north. Runoff from Dev-3 will be discharged through a series of openings within the CMU wall into a shallow, approximately 40-foot-wide water harvesting/retention basin (depth = 9") located outside of the wall to capture runoff. The basin will contain sufficient volume to accommodate the runoff from 100-year flood events. Dev-4 consists of a diversion channel on the east side of the subject property and a drainage corridor on the west side of the subject property. o On the east side of Dev-4, a 20-foot-wide diversion channel will be constructed to collect the off -site runoff from the local watershed to the east. Runoff will flow north and then west through the diversion channel to the existing pipe. o On the west side of Dev-4, a 20-foot-wide drainage corridor, extending the length of the parcel will direct water to the north and to the west landscape buffer utilizing swales and contours to further retain runoff. For visual, see Exhibit 22: Drainage Concept with Contributing Area. 36 Marana Town Council Regular Meeting Agenda Packet Page 290 of 561 May 21, 2024 Exhibit 22. Drainage Concept with Contributing Area D0.395ac?'T' 'T Q1 uu 2:4icfs `141 00 25 us 0 75 150 300 450 Feet { Legend 1 w> Drainpipe Buffer Access Road I Substation Water Harvesting Basin I Water Havesting Basin/Channel QPost -Construction 11.'ater=.hed Wall Driveway Off -site Watersheds Streets Off-2 DA = 19.7 ec Q 100 = 28 2 cfs ff-1 _, .. a100=10.-cf, 37 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 291 of 561 Table 5. Summary of Hydrologic Parameters: Off -site and On -site Watersheds (Existing Conditions) Contributing Watershed 100-Rainfall Depth (inches) Hydrologic Soil Type Impervious Cover N Basin Factor Watershed Slope (%) Runoff Coefficient 100-yr Event Dev-1 2.46 100% B 0 0.05 0.03 0.47 Dev-2 2.46 100% 8 0 0.05 0.18 0.52 Dev-3 2.46 100% B 0 0.05 0.5 0.39 Dev-4 2.46 100% 8 0 0.05 0.06 0.39 Table 6. Summary of Hydrologic Analysis: Off -site and On -site Watersheds (Existing Conditions) Contributing Watershed Drainage Area (acres) 2-year Peak Discharge (cfs) 10-year Peak Discharge (cfs) 100-year Peak Discharge (cfs) Dev-1 2.08 0.3 0.7 4 Dev-2 9.22 2.4 5.6 25 Dev-3 3.78 0.9 2.6 13 Dev-4 3.95 0.1 0.3 2.4 *cfs = cubic feet per second 2. Conformance with Current Policies FEMA FIRM Panel 04019C1010L depicts the entire subject parcel as being located in Special Flood Hazard Zone X, meaning that the subject property is located within the 0.2% annual chance floodplain. Because the Marana Town Code Chapter 17-25-10 H.2 identifies the substation as a critical facility, the finished floor of buildings and equipment will be elevated 1-foot above the 500-year water surface elevation for the Santa Cruz River. The 500-year water surface will be determined from the effective FEMA model. In addition, the foundation of the CMU wall will be designed based on the potential scour associated with the 500-year event associated with Santa Cruz River. Adherence to these criteria will be illustrated on the Development Plan and the Drainage Report submitted to the Town of Marana for review and approval as part of the process for obtaining a Floodplain Use Permit. The site does not contain any watercourses that could be considered Waters of the United States (WOTUS) as defined by the Clean Water Act (CWA) and as such the project will be compliant with Section 404 of the CWA. A Section 404 Compliance Statement may be required. The site will be designed in accordance with TOM's current development standards. Pending approval of the proposed project, a Flood Plain Use Permit and FEMA Elevation Certificate will be acquired prior to construction. Additionally, it will be required that post -development 2-, 10-, and 100-year peak discharges are less than or equal to the pre -development discharges as stated during the pre -application process. It is recognized that individual improvements will be issued their own Floodplain Use Permit. TEP will conform to all TOM development requirements regarding development within a 500-year floodplain. IN Marana Town Council Regular Meeting Agenda Packet Page 292 of 561 May 21, 2024 The subject parcel is on already -disturbed land due to continual agricultural use and a temporary home site. The development of a substation facility will be restricted to a portion of the site and will not disturb additional area outside of the subject property. Additionally, planting native vegetation and incorporating landscaped buffers around the site will recover some of the natural/pre-farm status. 3. Erosion Protection The foundation of the CMU wall, and the structural elements within the substation will account for potential erosion from the 500-year flow event by extending the infrastructure below the scour depth calculated using the approved methodologies accepted by TOM and Pima County. It is anticipated that the minimum foundation extension will be 3 feet, per agency requirements. Fill pads used to elevate the various structures will be compacted to a minimum of 95% Standard Proctor (SP). In addition, should it be determined that the flow velocities exceed 3 feet -per -second (fps), the fill pads will be armored with rock riprap (Mean Rock Diameter 6 inches, thickness 1 foot, underlined with a Non -Woven Geotextile). 4. Effect on Offsite Properties The proposed substation project will not adversely impact the adjacent properties. On the upstream (east) side, the elevated security road will be set a minimum of 35 feet inside the property line. This will account for the 15-foot landscape buffer and 20 additional feet to account for the diversion channel and fill slope for the access road. The diversion channel will be used to divert runoff generated from a 100-year storm event on the local watersheds described in Section 2.H.1.d. On the downstream side (west), the on -site flow will be conveyed beneath the CMU wall via a series of openings at the base of the wall. The flow will be conveyed over the security road and into drainage corridor for water harvesting and flow conveyance. Runoff will be conveyed to an existing 18" pipe and will not be discharged onto the properties west of the subject property. G. Vegetation As the subject parcel has been converted to farmland, it has been mostly stripped of any native vegetation, apart from that growing within the irrigation canals that run along the edges of the subject property. The remaining vegetation on the parcel includes some herbaceous growth of native and non-native grasses and forbs and a lone fan palm tree (Washingtonia sp.). All existing vegetation on site will be cleared before construction activities begin. As shown in Exhibit 21: Conceptual Site Plan above and Exhibits 22-24: Photo Simulations below, landscape buffers ranging from ten to 15 feet and consisting of native, drought -tolerant plant species and ground cover will be planted along Grier Road and the northern, eastern, and western property boundaries. 1. Wildlife The site is adjacent to an important wildlife corridor along a portion of the Santa Cruz River, east of the Silver Bell Mountains. The development of a substation at this location will not affect wildlife movement through the corridor as there is no habitat or cover that currently exists on site. Habitat and cover for wildlife is restricted to directly within the floodplain and quickly transitions into agricultural farmland beyond the banks of the Santa Cruz River. Existing irrigation canals on site may provide habitat for burrowing owls (Athene cunicularia) and will be surveyed for before any construction activities occur, as recommended by the Tucson Field Office of the USFWS (Appendix D.) In addition to burrowing owls, the property is within the dispersal distance of known cactus ferruginous pygmy owl (Glaucidium brasilianum cactorum) nesting territories, however the subject parcel does not support the 39 Marana Town Council Regular Meeting Agenda Packet Page 293 of 561 May 21, 2024 appropriate habitat elements for continued occupancy. As such, no surveys are recommended for this species, per USFWS guidance (Appendix D.) Viewsheds Views in the area would change. The proposed Grier Substation would be seen when travelling along Grier Road, from the adjacent residential properties to the west, and from adjacent agricultural fields to the north, east, and south. TEP completed photo simulations of the Grier Substation (see Exhibit 23: Photo Simulation 1, Exhibit 24: Photo Simulation 2, and Exhibit 25: Photo Simulation 3). Note that these simulations are for visual purposes only and subject to change pending final engineered plans. Transmission structure (drop -in structures) locations are subject to ACC approval and may change. Landscape pallet and plant placements are representative and subject to TOM review and approval. TEP makes every effort to work with neighbors to place trees in locations that soften the views of the substation. Exhibit 23 depicts the proposed Grier Substation looking northwest from the south side of Grier Road. This simulation represents the view one would see travelling westbound on Grier Road, or from the adjacent agricultural fields. The residences seen in the existing conditions photo would no longer be visible. As can be seen in the photo simulation, the proposed Grier Substation has an aesthetically pleasing decorative masonry wall and native drought -tolerant landscape buffers that soften the substation in this rural setting. Exhibit 24 depicts the proposed Grier Substation looking North from Grier Road. This simulation represents the view one would see travelling along Grier Road or looking from the agricultural fields to the north. The residences to the northwest and fields to the north would no longer be visible. Exhibit 25 depicts the proposed Grier Substation looking East from the west property boundary and residences to the west. This is a closer -up view detailing the decorative masonry wall, access road, and landscaping. 40 Marana Town Council Regular Meeting Agenda Packet Page 294 of 561 May 21, 2024 Exhibit 23. Grier Substation Photo Simulation #1 VIEW POINT 18 DECORATIVE MASONRY WALL GRIER SUBSTATION PHOTO SIMULATION #1 F =f EXISTING CONDITIONS �J Noce: This exhibit is for visual purposes only and subject to change pending final engineered plans. Transmission Structure locations are subject to ACC CEC approval. Locations shown are estimates. FROM THE SOUTHEAST CORNER TEP LOOKING NORTHWEST 41 Marana Town Council Regular Meeting Agenda Packet Page 295 of 561 May 21, 2024 GRIER SUBSTATION REZONE & MINOR GENERAL PLAN AMENDMENT L&WMCAP6 eU►RR J >I= _ .- rtW$'►�r � ?-yam , � .. ��..we+."�""'°"'�'°"""°'w'rw+...-<w..w..�.�w....w•.w. w..� .r�M'--, wrote ..w�wc.-�-+ Static Mast (-7S' HT) l H Frames (-50' - 60' HT) :> Drop in Structures (-75' HT) -� - Ornp In Ctrn,nw— i -75' HT) r••i try a' •t' -.> r.•�, , :..- yr;, •-<., Mart S i, -/r Frames (-25' - 16' HT 12' Decorative Wall�( with Signage Z ( r •'� Mitt. lll' Wndsca a Bu 'r�n�'R��!1ii�:a•�flgq,TV�i.�.t>��k.�� ...- _.. - � _- �j' -.�E". +m+.av�ar..r+•r+r+'�,.1nrw�-tv�.ws'9R.+nvlr.w4�.Mbwwiwna.wr�� Y�I�M4}err�l4 . ��'r++✓ti'�'� �T`Mom-'mMw'>.�•v1M+•vw�,ww.w..'T��M'bwwll�MM9M'P�'11'��MM�- . Exhibit 25. Grier Substation Photo Simulation #3 VIEW POINT 12' DECORATIVE I,IASONR'I WALL GRIER SUBSTATION PHOTO SIMULATION #3 EXISTING CONDITIONS Note; This exhibit is for visual purposes only and subject to change pending final engineered plans. Transmission Structure locations are subject to ACC CEC approval. Locations shown are estimates. FROM THE WEST LOOKING EAST TEO"O�P 43 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 297 of 561 J. Road Right -of -Way Grier Road is located on the south boundary of the subject property and is identified by TOM as an existing arterial with a 60-foot right-of-way (Appendix B: ALTA Survey). Grier Road is identified in the General Plan as having a future right-of-way width of 150' (75' on each side of the section line). TEP will be conditioned to dedicate an additional 45' to TOM for public right-of-way. This future dedication is depicted on Exhibit 21: Conceptual Site Plan. K. Traffic Primary access will be from Grier Road. Ingress and egress driveways will be constructed as shown in Exhibit 21: Conceptual Site Plan above. No other roadway improvements or modifications are anticipated as a result of this project. Once constructed, the proposed Grier Substation would generate very little traffic, and is expected to be less than that of the current agricultural use on the subject property. Daily trips to the subject property are limited and average 2-4 trips per month for inspection and maintenance. L. Proposed Public Utilities 1. Water Grier substation will not need to connect to the public water supply. Water would only be necessary for irrigation purposes. The subject property has Type 1 water rights, therefore TEP will either obtain water from CMID or drill a well. 2. Sewer Grier Substation will not need to connect to the public sewer. The substation is unmanned. 3. Natural Gas Grier Substation will not need to connect to natural gas service. 4. Electricity Grier Substation is an electric substation and electricity needed for lighting and security would be powered by facilities built as part of the project. 5. Communication TEP will install communication equipment as necessary to link the substation to their electric grid. M. Public Service Impacts 1. Police The Marana Police Department will serve the site. The nearest Marana Police Department facilities are at 11555 W. Civic Center Drive, approximately three miles east of the subject property. 2. Fire & Emergency Services The site is within the Northwest Fire District boundary and is less than 3 miles east at Northwest Fire District Station #341, 13535 N. Marana Main Street. The Northwest Fire District also serves the adjacent residential properties. The subject parcel has not been annexed into the Northwest Fire District. TEP would initiate annexation prior to development of the substation. 44 Marana Town Council Regular Meeting Agenda Packet Page 298 of 561 May 21, 2024 3. Refuse Grier Substation would not require refuse pickup services. Any refuse generated on site will be removed by TEP and disposed of. 4. Schools The proposed land use would not impact schools in the project area. 5. Parks The proposed land use would not impact parks in the project area. 6. CMID Canals TEP met with CMID and it was confirmed that the canals on the east and north side of the subject property are CMID canals and that the canal along the south side of the subject property is owned by the landowner. It was determined that TEP will submit an application to CMID for the undergrounding of the CMID canals in compliance with the underground requirement codified in 17-6-4 of TOM code. N. Recreation and Trails The proposed land use would not impact existing recreation and trails in the project area. No recreation or trail opportunities would be provided as part of the substation development. 0. Cultural, Archaeological and Historic Resources The subject property is currently being assessed forthe presence of cultural, archaeological, and historic resources. TOM will be provided with a copy of the Class III survey report once it is complete. In the event any sites are discovered and determined to be A/NRHP-eligible, they would be mitigated through avoidance or as required by State law. 45 Marana Town Council Regular Meeting Agenda Packet Page 299 of 561 May 21, 2024 Appendix A— Examples of Existing TEP Substations Marana Town Council Regular Meeting Agenda Packet Page 300 of 561 May 21, 2024 Photo 1. Orange Grove Substation at Orange Grove Rd. and La Canada Dr., looking west. rr .ram. t +ay.M ` y�Y•s . �5:. �,� .- ..I. �. i� Iqi,::,-.S eP�` � - _ a. •ems. '3. - . 1i � _+4� � cf�s_�, ,�, _ yl r Marana Town Council Regular Meeting Agenda Packet Page 301 of 561 May 21, 2024 Photo 2. Kino Substation at 36th Street and Campbell Ave., looking south. My a er IN TI �� Y i. J�� `� MR�5, ✓3d '.7 yid 1�1V � AS�I -��. �� ,.•.v°x� `�'` � - " s ti s �r,.5�,i, � r �� ry vd,_ ,ay,� �tf r, ' �, ,t�.. ,e . / w gyp ram' :-IAN Marana Town Council Regular Meeting Agenda Packet Page 302 of 561 May 21, 2024 Appendix B- ALTA Survey Marana Town Council Regular Meeting Agenda Packet Page 303 of 561 May 21, 2024 GENERAL NOTES: 1. THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE COMMITMENT FOR TITLE INSURANCE (TITLE REPORT) ISSUED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY, ISSUING OFFICE FIDELITY NATIONAL TITLE AGENCY INC., COMMITMENT AND ORDER No. FP50230500, AMENDMENT 5—DOC, COMMITMENT DATE DECEMBER 20, 2023. EASEMENTS AND ITEMS OF RECORD MAY BE LIMITED TO THOSE SHOWN ON THE NOTED TITLE REPORT ANYONE HAVING AN INTEREST IN THE SUBJECT PROPERTY SHOULD OBTAIN A COPY OF THE NOTED TITLE REPORT AND REVIEW THE SCHEDULE B ITEMS 2. THE BASIS OF ELEVATIONS FOR THIS PROJECT /S THE PIMA COUNTY DEPARTMENT OF TRANSPORTATION (PCDOT) BENCHMARK T11S—R11E—R03, BEING A CHISELED 'X" AT THE SOUTH END OF A CONCRETE HEADWALL LOCATED APPROXIMATELY 33 FEET NORTH AND 13 FEET WEST OF THE SOUTH QUARTER CORNER OF SECTION 19, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. SAID ELEVATION BEING 1954.65 (NAVD-88) PER THE PCDOT DATA SHEET FOR SAID CONTROL POINT TITLE REPORT LEGAL DESCRIPTION: THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 11 SOUTH, RANGE 11 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY. EXCEPT ANY PORTION THEREOF LYING WITHIN GRIER ROAD, TRICO — MARANA ROAD, AND AVR4 ROAD. SCHEDULE B EXCEPTIONS: THE FOLLOWING SURVEY RELATED ITEMS ARE REFERENCED AS SCHEDULE B EXCEPTIONS IN THE AFOREMENTIONED TITLE REPORT- J . THE BASIS OF BEARINGS FOR THIS PROJECT IS THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 11 SOUTH, RANGE 1. NOT SURVEY RELATED. 11 EAST GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. SAID BEARING BEING SOUTH 00'2852 EAST AS SHOWN HEREON. 2. NOT SURVEY RELATED 4. REFERENCES USED FOR THIS SURVEY INCLUDE, BUT MAY NOT BE LIMITED TO, THE FOLLOWING, GENERAL LAND OFFICE / BUREAU OF LAND MANAGEMENT PLSS RECORDS 3. NOT SURVEY RELATED. PIMA COUNTY ROAD PROCEEDING No. 0113. (R1) BOOK 01, PAGE 267, MISCELLANEOUS SURVEYS (LS 15933, 1995). 4. RESERVATIONS CONTAINED IN THE PATENT FROM THE UNITED STATES OF AMERICA, RECORDED IN BOOK 52 OF DEEDS, PAGE (R2) BOOK Z-2017, PAGE 237, MISCELLANEOUS SURVEYS (LS 4680, 1993). 375. (R2) BOOK Z-2018, PAGE 223, MISCELLANEOUS SURVEYS (LS 4680, 1986). (NOT GRAPHICALLY PLOTTABLE —AFFECTS SUBJECT PARCEL) (R3) BOOK Z-2020, PAGE 733, MISCELLANEOUS SURVEYS (LS 4680, 1987). 5. NOT SURVEY RELATED. (R3) BOOK Z-2020, PAGE 958, MISCELLANEOUS SURVEYS (LS 4680, 1987). (R4)** BOOK 6, PAGE 61, RECORDS OF SURVEY (LS 11373, 1990). 6. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED CONTRACT FOR THE SALE OF REAL ESTATE, RECORDED IN DOCKET (R5) BOOK 31, PAGE 55, RECORDS OF SURVEY (LS 29873, 2003). 60, PAGE 522. (R6)** BOOK 36, PAGE 79, RECORDS OF SURVEY (LS 29873, 2004). (NOT GR4PHICALLY PLOTTABLE — SAID DOCUMENT SUBJECT TO VARIOUS NON —GRAPHICALLY PLOTTABLE ITEMS AND (R6)** BOOK 77, PAGE 3, RECORDS OF SURVEY (LS 29873, 2010). SUBJECT TO BOOK 107 OF MISCELLANEOUS RECORDS, PAGE 151, EASEMENTS LISTED IN SCHEDULE '$" ITEM No. 7, (R7) BOOK 42, PAGE 18, RECORDS OF SURVEY (LS 25086, 2005). BELOW — SEE DOCUMENT FOR PARTICULARS — AFFECTS SUBJECT PARCEL) (R8) SEQUENCE No. 2023-0540040 MISCELLANEOUS SURVEYS (LS 37933, 2023). NOTE. REFERENCES FOLLOWED BY ** DENOTE SURVEYS THAT DO NOT USE THE SAME SOUTH LINE FOR SECTION 19 AS THIS SURVEY, SEE 7. RIGHT OF WAY FOR CANALS, WELLS SITES AND EASEMENTS, RECORDED IN BOOK 107 OF MISCELLANEOUS RECORDS, PAGE 151. SURVEYORS NOTE. (EASEMENTS ON OR ADJACENT TO THE SUBJECT PARCEL, LATERAL No. 8 and LATERAL No. 8, SUB LATERAL No. 2, SHOWN HEREON) 5. ASSESSORS PARCEL NUMBERS (APN's), STREET NAMES, OWNERS NAMES AND ADDRESSES, IF SHOWN HEREON, ARE FROM THE PIMA COUNTY GIS WEBSITE, JANUARY 2, 2024. 8. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED NON—EXCLUSIVE RIGHT OF WAY USE LICENSE FOR PUBLIC UTILITY (ALTA/NSPS OPTIONAL TABLE ITEM No. 2 and No. 13) FACILITIES, RECORDED IN SEQUENCE No. 2022-26900JZ (RIGHT OF WAYS SHOWN HEREON) 6. FLOODPLAIN: PER THE LETTER OF MAP REVISION (LOUR) CASE No. 21-09-1382P, EFFECTIVE DATE AUGUST 18, 2023, THE SUBJECT PARCEL IS 9. ANY RIGHTS OF THE PARTIES IN POSSESSION OF A PORTION OF, OR ALL OF, SAID LAND, WHICH RIGHTS ARE NOT DISCLOSED LYING WITHIN ZONE X" DESCRIBED AS 0.27 ANNUAL FLOOD CHANCE HAZARD, AREAS OF 1% ANNUAL FLOOD CHANCE HAZARD WITH AVERAGE BY THE PUBLIC RECORDS. DEPTH OF LESS THAN ONE FOOT OR WITH DRAINAGE AREAS OF LESS THAN ONE MILES (NOT GRAPHICALLY PLOTTABLE) (ALTA/NSPS OPTIONAL TABLE ITEM No. 3) 7. THE TOTAL AREA FOR THE SUBJECT PROPERTY IS 19.5413 ACRES (851,220 SQUARE FEET), MORE OR LESS 10. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION AND/OR BY A CORRECT ALTA/ACSM LAND TITLE SURVEY OF SAID LAND. (ALTA/NSPS OPTIONAL TABLE ITEM No. 4) (THIS IS AN ALTA/NSPS LAND TITLE SURVEY OF SAID LAND) 8. THE TOPOGRAPHY SHOWN HEREON IS BASED ON CLASSIC SURVEY AERIAL TOPOGRAPHIC METHODOLOGY USING AERIAL PHOTOGR4METRY CONTROL SET BY PUTT LAND SURVEYING, INC., DECEMBER 2023. (ALTA/NSPS OPTIONAL TABLE ITEM No. 5) 9. THIS IS AN ABOVE GROUND SURVEY ONLY. ANY UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED. THE SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. (ALTA/NSPS OPTIONAL TABLE ITEM No. 11) 10. THERE WAS NO OBSERVED EVIDENCE OF CURRENT EARTH MOVING WORK, BUILDING CONSTRUCTION, OR BUILDING ADDITIONS AT THE TIME OF THIS SURVEY. (ALTA/NSPS OPTIONAL TABLE ITEM No. 16) 11. PROPOSED CHANGES IN STREET RIGHT OF WAY LINES WAS NOT PROVIDED TO THE SURVEYOR. THERE WAS NO OBSERVED EVIDENCE OF RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS. (ALTA/NSPS OPTIONAL TABLE ITEM No. 17) 12. THERE ARE NO PLOTTABLE OFFSITE EASEMENTS CONTAINED IN THE TITLE REPORT FOR THIS PROJECT. THERE IS AN OFFISTE BLANKET EASEMENT (NON—PLOTTABLE) FOR THE PURPOSE OF ELECTRIC TRANSMISSION OR DISTRIBUTION LINE OR SYSTEM, AND RIGHTS INCIDENTAL THERETO, AS SET FORTH IN DOCKET 365, PAGE 113, SCHEDULE '$" ITEM No. 7, OVER THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19 (APPX 1320 FEET EAST OF THE SUBJECT PARCEL). (ALTA/NSPS OPTIONAL TABLE ITEM No. 18) 13. THE WORD "CERTIFY" OR "CERTIFICATION" IS AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THE FACTS OF THIS SURVEY AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED. 14. THIS SURVEY WAS PERFORMED BY PAUL M. COTE', AZ RLS 50761, OR UNDER MY DIRECT SUPERVISION. SURVEYORS NOTE: THERE ARE TWO LOCATIONS FOR THE SOUTH QUARTER CORNER OF SECTION 19, HEREINAFTER REFERRED TO AS THE 'SPETH QUARTER CORNER" (ACCEPTED PER THIS SURVEY) AND THE "HANSEN QUARTER CORNER" (NOT ACCEPTED PER THIS SURVEY). PER BOOK 6, PAGE 61, RECORDS OF SURVEY (LS 11373, 1990), THE HANSEN QUARTER CORNER APPEARED FIRST, AND WAS SET ON A STRAIGHT LINE FROM THE SOUTHEAST CORNER OF SECTION 19 TO A CALCULATED SOUTHWEST CORNER OF SECTION 19. THE CALCULATED SOUTHWEST SECTION CORNER WAS NOT SET, BUT THE HANSEN QUARTER CORNER WAS SET AS A PART OF BOOK 6, PAGE 61, RECORDS OF SURVEY. IT IS IMPORTANT TO NOTE THAT THE HANSEN QUARTER CORNER WAS CALCULATED IN ORDER TO FURTHER SUBDIVIDE THE SECTION, BUT WAS NOT SET AS A PROPERTY CORNER FOR THAT SURVEY. FIVE YEARS LATER, THE SPETH QUARTER CORNER WAS SET AT A POSITION 2.9 FEET SOUTH BY 0.7 FEET EAST OF THE HANSEN QUARTER CORNER AS SHOWN IN BOOK 1, PAGE 267, MISCELLANEOUS RECORDS (LS 15933, 1995). IN SAID BOOK 1, PAGE 267, MISCELLANEOUS RECORDS, THE SURVEYOR SPECIFICALLY STATES THE REASONING FOR NOT ACCEPTING THE HANSEN QUARTER CORNER (SEE GENERAL NOTE 8 THEREIN). THIS SURVEY HONORS THE SPETH QUARTER CORNER EVEN THOUGH /T CAME INTO EXISTENCE AFTER THE HANSEN QUARTER CORNER BECAUSE. A. BOOK 1, PAGE 267, MISCELLANEOUS RECORDS EXPLAINS THE REASONING FOR SETTING THE SPETH QUARTER CORNER TO THIS SURVEYORS SATISFACTION. B. BOOK Z-2018, PAGE 223, MISCELLANEOUS SURVEYS (LS 4680, 1986), BOOK Z-2020, PAGE 733, MISCELLANEOUS SURVEYS (LS 4680, 1987) AND BOOK Z-2020, PAGE 958, MISCELLANEOUS SURVEYS (LS 4680, 1987) ALL PRE —DATE THE HANSEN QUARTER CORNER AND SUBDIVIDED PROPERTIES IN THE SOUTHWEST QUARTER OF SECTION 19 AND MA THEMA T/CALL Y MATCH THE L OCA T/ON OF THE SPETH QUARTER CORNER. BOOK Z-2017, PAGE 237, MISCELLANEOUS SURVEYS (LS 4680, 1993) FURTHER SUBDIVIDED PROPERTIES IN THE SOUTHWEST QUARTER OF SECTION 19 THAT MATHEMATICALLY MATCH THE LOCATION OF THE SPETH QUARTER CORNER. C. THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 19 IS MONUMENTED AS SHOWN HEREON AND THE LOCATION OF THESE MONUMENTS BEST FIT THE SPETH QUARTER CORNER LOCATION. D. THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 19 /S MONUMENTED AS SHOWN HEREON, AND THE LOCATION OF THESE MONUMENTS BEST FIT THE SPETH QUARTER CORNER LOCATION. CERTIFICATION: TO FIDELITY NATIONAL TITLE INSURANCE COMPANY; to TUCSON ELECTRIC POWER COMPANY, AN ARIZONA CORPOR477ON; and to CORTARO FARMS LIMITED, AN ARIZONA LIMITED PARTNERSHIP: THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2021 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 5, 8, 11(a), 11(b), 13, 16, 17, 18 AND 19 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED ON JANUARY 12, 2024. JANUARY 23, 2024 PAUL M. COTE, ARIZONA, R.L.S. ARIZONA REGISTRATION No. 50761 SEE DETAIL 'A " 4 �w � FOUND 112" REBAR, LS � 159JJ (PURPOSE UNKNOWN) o ^ r> N1 �II� FOUND 112" REBAR, NO TAG, PER (R4 & R6), I i� NOT ACCEPTED PER THIS SURVEY, 'HANSEN oo QUARTER CORNER (SEE SURVEYORS NOTE) S89'27 43"W 3179.32' (C) I 18.76' (C) 2619 09' (C) _ _SECTION LINE PER (R4 & R6) S89.27 43"W-2637.85' (M) ---- N2332'14"W 2.81' (M) � _ _ _ _ S89 2420 "W 3180. 41 ' (C) S89-24'20 "W 26J6. 75' (M) SECTION LINE PER (R1, R2 & R3) 1180.89, (R1) 2636.96 (R1) SOUTH QUARTER CORNER SECTION 19, FOUND BENT 112" REBAR, NO TAG, PER (R1, R2 & R3), REPLACED WITH 1-112"ALUMINUM CAPPED PIN, LS 50761, ACCEPTED LOCATION OF SOUTH \ QUARTER CORNER PER THIS SURVEY. 'SPETH" QUARTER CORNER (SEE SURVEYORS NOTE) J SEE DETAIL 'B" SOUTHWEST CORNER SECTION 19, NOTHING Qs � FOUND OR SET, POSITION PER (R4 & R6), N cfl I NOT ACCEPTED PER THIS SURVEY (SEE `V cV I SURVEYORS NOTE) S89.274J"W 3179.32' (C) SECTION LINE PER (R4 & R6) 1 ,S,89 24 ,20 "W 3180.41 ' (G) SECTION LINE PER (R 1, R2 & R3) 3180.BY (R1) v I SOUTHWEST CORNER SECTION 19, NOTHING FOUND OR SET, POSITION PER (R1, R2 & R3), I ACCEPTED LOCATION OF SOUTHWEST SECTION CORNER PER THIS SURVEY (SEE SURVEYORS NOTE) N N I LOCATION MAP SECTION 19 TOWNSHIP 11 SOUTH, RANGE 11 EAST GILA & SALT RIVER MERIDIAN PIMA COUNTY, ARIZONA SCALE- 3"=1 MILE SHEET INDEX SHEET 1: GENERAL NOTES, DETAILS SHEET 2: BOUNDARY SHEET J.• TOPOGRAPHY Q QW ti Lz ZQO� Wo W�ZZ �� Q� �Z z � CO C6 N Q N Z o 0 LQ N cz Cn ai of QQ Q� W za a 50761 PAUL M. COTE W__ DESIGNED: N/A DRAWN.- PMC CHECKED: DLP DATE.• 1123/24 JOB No. 23-169 1 of 3 0 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 304 of 561 N � I 24 I u 1 I EAST QUARTER CORNER SECTION 24, FOUND 1/2" REBAR, NO TAG, IN PAVEMENT U WEST QUARTER CORNER SECTION 19, FOUND 3186.47' (R3) 3-1/4" ARIZONA DEPARTMENT OF TRANSPORTATION_ _ MARANA ROAD S89.28'03"W 3186.J5' (C) _ ALUMINUM CAP SURVEY MONUMENT IN CASTING r 100' 0' 100' 200' SCALE- 1 INCH = 100 FEET NORTH QUARTER CORNER SECTION 19, FOUND 2" OPEN IRON PIPE NORTHEAST CORNER SECTION 19, FOUND w/ 60d NAIL IN CENTER - 2" BRASS CAP SURVEY MONUMENT N89'20'58"E 2637.46' M — i 2637.56 (R8) Z_ N 2537.17' (R3) N N CENTER QUARTER SECTION 19' S89.26'211W 263728' (C) NOTHING FOUND OR SET _ _ _ _ _ _ _ 30.00' (R3 & M) EAST QUARTER CORNER SECTION 19, FOUND 3-1/4" ARIZONA DEPARTMENT FOUND 1/2" REBAR, LS 4680 (ALSO OF TRANSPORTATION ALUMINUM CAP FOUND 1/2" REBAR, LS 35543, 0.20' I SURVEY MONUMENT IN CASTING NORTH, DID NOT ACCEPT) I I LEGEND: ' R RECORD BEARING AND OR DISTANCE, PER GENERAL NOTE REFERENCES (M) MEASURED BEARING AND/OR DISTANCE (C) CALCULATED BEARING AND/OR DISTANCE _ ❑❑ FOUND SECTION CORNER, AS NOTED o O FOUND PROPERTY CORNER, AS NOTED o � ' o�ISET 1-112 " AL UMINUM CAPPED PIN, RLS 50761 Q� 0 CALCULATED POINT, NOTHING FOUND OR SET ® PROJECT BENCHMARK — — SECTION LINE MISCELLANEOUS MATHEMATICAL LINE (SHOWN FOR REFERENCE ONLY) PROPERTY LINE — — — EASEMENT LINE 217-23- PARCEL NUMBER, PER 026A SCOUNTY PIMA GIS CO O I I I FOUND MASONRY NAIL 2218.08' (C) I w/ ILLEGIBLE TAG 30.29' (C) 30.00' (0) I I I I I I I I I ^coo N N N I c 1�01 N I �I zi INN I I I � 217-23-0IJC U&MLLC <no s#us address> N89 26'32 "E _— — 274.22'(C)--� FOUND 1/2" 273.80' (R2) 7FOUND LS 5/8 4680 REBAR, NO 10.00' (R2 & C) TAG, ADDED TAG, LS 217-23- 0300 50761 PA YNE CHRISTOPHER GARY 13748 N JANE A VE 217-23-0290 MC ELHANNON STEVEN D & SANDRA LEE 13742 N JANE AVE z o. 217-23-0280 PROBST WILLIAM S & LISA L 13720 N JANE A VE 217-23- 0270 N ERNST RICK JAMES 13700 N JANE A VE rn iik 217-23-026B o THORNTON B ELAINE z 13672 N JANE AVE 273.80' (R2) FOUND 1/2" REBAR, 273.94' (M) LS 4680 FOUND 1/2" REBAR, LS 4680 h O N � N 217-23-026A PETERS GERALD D & SHARON K O o N " 13612 N JANE AVE 3182.89' (R3) 3182.99' (C) 15.00' 1 I I I I FOUND 1/2" REBAR, LS 35543 1 F I"" I 0 N N I � o N N I O O N T FOUND I" OPEN IRON PIPE, NO TAG, ADDED 15.00' CANAL EASEMENT (LATERAL No. TAG, LS 50761 8, SUB LATERAL No. 2), PER BOOK 107 OF MISCELLANEOUS RECORDS, PAGE 151, SCHEDULE 13" ITEM No. 7 W 217-23-0310 CORTARO FARMS LTD <no situs address f 19.5413 acres (+85 1,220 sq ft) I 3 SEE SHEET 3 FOR TOPOGRAPHY 217-23-0320 I CORTARO FARMS LTD 13396 W GRIER RD N a 15.00' CANAL EASEMENT (LATERAL No. 8, SUB LATERAL No. 2), PER BOOK 107 OF MISCELLANEOUS RECORDS, PAGE 151, SCHEDULE '$" ITEM No. 7, THIS NORTH —SOUTH PORTION OF THE 15.00' CANAL EASEMENT IS APPROXIMATELY 15 FEET EAST OF THE EXISTING CONCRETE IRRIGATION DITCH IT APPEARS TO HAVE BEEN MEANT TO COVER (POSSIBLE BAD LEGAL DESCRIPTION?), SEE SHEET 3 15.00' 273.80' (R2) FOUND 1/2" REBAR, PUBLIC RIGHT OF WAY LYING WITHIN THE 273.85' (M) — LS 4680 SOUTHWEST QUARTER OF SECTION 19 IS FOUND 1/2" REBAR, THE 30.00' PORTION OF RIGHT OF ALSO A NON—EXCLUSIVE RIGHT OF WAY LS 4680 WAY LYING WITHIN THE i FOR WATER DISTRIBUTION FACILITIES, SOUTHWEST QUARTER OF SECTION PER SEQUENCE No. 2022-2690037 A M, 19 /S ALSO A NON—EXCLUSIVE (SCHEDULE '$" ITEM No. 8) RIGHT OF WAY FOR WATER I 25.00, CANAL EASEMENT DISTRIBUTION FACILITIES, PER PROJECT BENCHMARK (LATERAL No. 8), PER BOOK LI SEQUENCE No. 2022-2690037 'B" (NAVD-88) 107 OF MISCELLANEOUS I SFOUND FOUND 1 "OPEN (SCHEDULE ITEM No. 8)ELEV-1954.65 „„ RECORDS, , PAGE 151IRON PIPE, NO TAG CHISELED X, SOUTH END OF ASCHEDULE '$" ITEM No. 7 30.00' RIGHT OF WAY, PER 30.00 RIGHT OF WAY, PER CONCRETE HEADWALLROAD PROCEEDING No. 113 ROAD PROCEEDING No. 113 SOUTHWEST CORNER SECTION 19, NOTHING o o 589.24'20"W ) 660.42' (i'/ SOUTHEAST CORNER SECTION 2500' 19, FOUND 2" BRASS CAP FOUND OR SET, POSITION PER (R1) DETAIL DETAIL "B ; SHEET 1 12" 273.80' (R2)SEE �' () ' () GRIER ROAD 3000' SURVEY_--- --_ ---- _--- - —_-- _-- _---_---_ -----_— —_ -- _ -- _--- _--- _ — 934.19 M30.00 ' () S89'24'20)V 2636.75' (M) 2636.96 (R1) 224677 (C) va S89"24'20 "W 3180.41 ' (C) SOUTH QUARTER CORNER SECTION 19, FOUND BENT 1/2" REBAR, NO TAG, PER (Rl), REPLACED WITH 712.23 (R 1 & C) 1180.81 (R1) 30.00 RIGHT OF WAY, PER 1-1/2" ALUMINUM �CAP�PED PIN, LS 50761 SHEET INDEX ROAD PROCEEDING No. 113 SEE DETAIL A , SHEET 1 SHEET 1: GENERAL NOTES, DETAILS SOUTHEAST CORNER SECTION 24, FOUND 1-1/2" SHEET 2: BOUNDARY ALUMINUIM CAPPED PIN, LS 15933 (BENT, LOCATED BASE) SHEET 3: TOPOGRAPHY NOTICE OF DRAWING AUTHORIZATION- THIS DRAWING IS A COPYRIGHT PROTECTED DOCUMENT PRODUCED BY COMPUTER AIDED DESIGN AND DRAFTING TECHNIQUES MULTIPLE AND/OR UNAUTHORIZED COPIES OF DRAWING DATA FILES MAY EXIST ANY USE, REUSE OR MODIFICATION OF THE DRAWING OR ITS DATA FILES WITHOUT THE APPROPRIATE AUTHORIZED SIGNED REGISTERED LAND SURVEYOR SEAL AND WRITTEN VERIFICATION BY PUTT LAND SURVEYING IS PROHIBITED AND WILL BE AT THE USERS RISK AND FULL LEGAL RESPONSIBILITY. DESIGNED: N/A ��o LArva sG DRAWN.• PMC \�� F ICATFL �L PUTT LAND CHECKED: DLP w 50761 �o AUL M. PLS LDATE. 1 23 24 Of P COTE ti� SUT VEYING, INC. P JOB No. 23-169 �'� ESN ed , ? 4817 EAST FIFTH STREET TUCSON, ARIZONA, 85711 TELEPHONE- (520) 790-8373 FAX (520) 512-8373 2of3 AL TAINSPS LAND TITLE SURVEY ! N0. REVISION ING A PORTION OF THE SOUTHWEST I � NEARARY SOU HEASr CORNER Of SMALL LB✓EC GREEN PAR�ELUEADDED QUARTER OF SECTION 19 TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, P/MA COUNTY, ARIZONA CMP AND DROP INLET INFORMATION AT NORTHWEST END OF PARCEL. AFFECTS SHEET THREE ONLY. Q JANUARY 30, 2024. PLOTTED SMALL GREEN BLUESTAKING NEAR SOUTHEAST CORNER OF SUBJECT PARCEL (FAILED TO PLOT IN REVISION i). AFFECTS SHEET 1FlR££ ONLY. May 21, 2U24 Col x x x x x x 1947.9 1946.E 1946.8 1947.1 1947.3 2 1 7-23 - 0 I 3C 1947.4 U& M L L C CONCRETE IRRIGATION DITCH x1946.6 x1947.1 <no s#us ad&62 s> x O- O- 18" CUP, NW INV: 1946.0, SE x 1947.1 x 1947.3 x 1947.7 19 •9x 24" CUP. INV: 1946.4, SMALL BRICK DROP OUND 1' 0 EN IRON PIP€ NO" INLET, SOUTHEAST END 1946.9 15.00, 1947.7 x TAG, ADDED -_TAG,; LS 561 ------------- - 1947A x FOUND 518" REBAR, NO -- ---------- 1947.3 --�g4i1- x -----------------------1947.fi "E ------- 40' (M) x --------T948�------------- --- x o ---TAB-AbDEYriA��5876i--------------------------- _ _ _ _ _N8_9'202 _ -- -660. - ------------ ---------------------------- 194 .4 19 8.6 -- - - - 1950.3 ---------1-95�5---------19504- 1950.4 - - - / ��---------------�c-----------------------x------------ x ------------------------------------------------- x/1950.1;-=" --------------------------------- -------------------------------- --------------------------------------------------------------- -------X--------------------0-------D--- --- Vegetation I 15.00, CANAL EASEMENT (LATERAL CONCRETE IRRIGATION DITCH Ground Obscured I I / NO. 8 SUB LATERAL No. 2) PER CONCRETE IRRIGATION - BOOK 107 OF MISCELLANEOUS JUNCTION STRUCTURE 217-23- n3nn U I 1950.1 1 1 x it RECORDS, PAGE 151, SCHEDULE 195o., '$" ITEM No. 7 x 1950.4 1950.1 1950.1 x x x � I PA YNE CHRISTOPHER GAR x 1948.4 13748 N JANE E o I 1947.8 I x I z I 1948.4 I 11 1950.1 19484 S x� 1 II' CHAIN LINE FENCE ON EAST SIDE I I, OF THIS PROPERTY- f0.6' to I I i0.9' WEST OF PROPERTY LINE] I 217-23-02 183� I '! I I 1 MC ELHANNON STEVE 11 I I I! l OI I SANDRA LEE `�948.6 / I I l 13742 N JANE A VE \ - - - - 1948•1 GATE; I I II 1948.9- I l 1 19$p.3 I I x I 1'1 217-23- 0280 l ' 'I l 1948.E I PROBST WILLIAM S & LISA L x 13720 N JANE A VE GATE 1 I I 1948.6 x CHAIN LINK FENCE 1 I I I II ON EAST SIDE OF I I THIS PROPERTY: I l 10.9' WEST OF 1, 1946.6 PROPERTY LlN x I! '1950.1 I �I I II� 1948.9 x I l I II I l 1949.4 I I I J - L II 217-23-02 194 ^-► ERNST RICK JAMES III I� 13700 N JANE z II o II 1949.1 x p O D z L� l I' 1949.6 D 19 9.1 1 I! x l Grou d I I, li> red bsc red I l - �1949.1 - - x 1! to 1 II � II z I a 4 I I I I -23-J 1949.4 217 II' THORNTON B ELAINE ; ; WIRE FENCE ON 13672 N JANE A VE ,l //PROPERTY f0.to EAST SIDE OF THIS ;'I, f0.9' WEST OF I' x�1449.1, PROPERTY LINE 1 11 1 l 1949.6 x 9 II I I, UND 1 " REBAR 1 I', _ LS 4 I I! 1949.60 x 1949.6 x O 0 217-23- 026A x 19 .9 PETERS GERALD D & )SHARON K 13612 N JA NE A ,1;.�49.6 0 (D C) O x 194).9 1950.1 x W I� I I I I l l l l 1950.4 ,I x 1950.4 x 1950.1 x 1950.1 x 1950.4 x 1950.4 x 1950.1 x 1950.1 x 1950.1 x 1950.1 x 1950.1 x 1950.4 x 1950.1 x 1950.1 x 1950.1 x 1950.1 x 1950.1 x 1950.1 x x 1950.1 CONCRETE IRRIGATION DITCHES ON THE SUBJECT PARCEL MAY x 1950.1 SERVICE OTHER PARCELS 1950.1 x 1950.1 x CONCRETE IRRIGATION DITCH 1950.4 x 1950.1 1950.1 x x 1950.1 1950.4 x x 1950.1 x 1950.1 1950.4 x x 1950.1 x 1950.4 x CONCRETE IRRIGATION DITCHES x 1950.4 ON THE SUBJECT PARCEL MAY SERVICE OTHER PARCELS THIS CONCRETE IRRIGATION DITCH IS f 15' WEST OF THE - CANAL EASEMENT E i50.2 I x 1949.6 I I' I II I! I II III, 1 119!49. 50.1 I xl x I / I / I � I 1 I, I 1950.4 I' x I II 50 0 50 100 I I SCALE- 1 INCH _ 50FEET j ► CONTOUR INTERVAL = 1 FOOT II i 1 I I I 1195011 I I 1950.1 x j1 I 1 I I II j V LEGEND: I � I (R) RECORD BEARING AND/OR DISTANCE, PER GENERAL 11 NOTE REFERENCES (M) MEASURED BEARING AND/OR DISTANCE I (C) CALCULATED BEARING AND/OR DISTANCE 11?350.4x 0 FOUND SECTION CORNER, AS NOTED Ij 1 0 FOUND PROPERTY CORNER, AS NOTED 1 S SET 1-112" ALUMINUM CAPPED PIN, RLS 50761 Ij 0 CALCULATED POINT NOTHING FOUND OR SET 1 ! ® PROJECT BENCHMARK II GROUND LOCATED UTILITY POLE Ij © GROUND LOCATED COMMUNICATION PEDESTAL 1 - - SECTION LINE II ; - - - - - - - - - - - MISCELLANEOUS MATHEMATICAL LINE I (SHOWN FOR REFERENCE ONLY) 1 I1 j PROPERTY LINE I j oHu-OH u CENTERLINE (POLE TO POLE) II I, GROUND IDENTIFIED OVERHEAD I UTILITY LINE(s) I I II COMM COMM UNDERGROUND COMMUNICATION, 1 191.4 ! PER ORANGE BLUESTAKE '11 (MARKED "CTL') I I 217-23- 026A PIMA ASSESCOUNTY GISCEL WEBSITE PER j I II I , I II D 1 I Ij 1 I x 1950.9 I I ' I I I j I 1 II I I I I I I I Ili I 1950.11195114 x II I 1950.1 x II 1950.1 1950.4 x x I� I II I� I I� II 1951.1 x 1950.1 x I I III I i! I 1950.1 x II II I� II 217-23-0320 x 1950.1 x 1950.2 \ x 1951.4 CORTARO FARMS LTD 13396 W GRIER RD I I N 1950.1 x j I 1951.E x 1950.1 1950.4 x x LLJ 217-23-0310 CORTARO FARMS LTD 1950.1 I � I N II1 I� III x �I xI1951.E I <no situs address> j I f 19.5413 acres i II 1 j I (+851,220 sq ft) I II �I 1950.1 1950.4 I I x xx 1950.4 I I I• O III IP iI I I I O x 1950.1 I 1951.8 x ` I 11 52.1 x 15.00' CANAL EASEMENT (LATERAL No. 8, SUB LATERAL No. 1950.4 15.00, II 2), PER BOOK 107 OF MISCELLANEOUS RECORDS, PAGE x 1 151, SCHEDULE '$" ITEM No. 7, THIS NORTH -SOUTH II PORTION OF THE 15.00' CANAL EASEMENT IS 1950.1 x I APPROXIMATELY 15 FEET EAST OF THE EXISTING CONCRETE IRRIGATION DITCH IT APPEARS TO HAVE BEEN I MEANT TO COVER (POSSIBLE BAD LEGAL DESCRIPTION?) CONCRETE IRRIGATION DITCHES ON THE EAST, II SOUTHEAST AND SOUTH PORTION OF THE SUBJECT PARCEL, WHETHER WITHOUT EASEMENTS II OR OUTSIDE OF EXISTING EASEMENTS, APPEAR IN x 1950.4 CONCRETE IRRIGATION DITCH I THE 1998 PAG AERIAL IMAGERY 1950.1 x U/v 1949.9 - - LS 46 0 1 II 1950.1 ---x CJ I x 1950.1 1950.1 x I li x ° 1 l ° 1 l V rnd I I I II x I 0 li x 1950.1 1950.1 I 1 l I x I 1, x 1950.1 1950.4 I l I 1950.4 x 1950.1 x ,I 1952.3 x 1950.1 x I„1 I II � x I I I 11�52.6 1 I I I 1 I 1950.1 I II I I I 1952.6 x CONCRETE IRRIGA7ON DITCH 1950.1 x I I I I e et ti n I x 0 Oro d ► I SMALL PIECE OF GREEN 1952.4 Obscure I I 1 BLUESTAKING (SEWER?) 0 1952.3 Q I I 1 1 1952.7 E- C�> I I x I III I CONCRETE IRRIGATION DITCH 1949.9 x CONCRETE 1952.3 x 1 I I II I CROSSES PROPERTY LINE HERE I (� �!; 1950.1 CONCRETE IRRIGATION DITCHES ! 1 �195 .I 1952.8 0 CD- - -'- - - / `, x ON THE SUBJECT PARCEL MAY ! i I x \\ 1950II3 1950.4, �� SERVICE OTHER PARCELS i i I I PROJECT' BENCHMARK f I /rx x 1950.4 x 1952. 1 i LEV.• 1954.65 (NAVD-881 \ I , NO EASEMENT WAS FOUND FOR I I I \ fPUND 1; �OP�KI THE CONCRETE IRRIGATION b Wx - - - I C FLED 'x ; SOUTH END OF A \ IRON PIPE/ NO TAG / I ! CONCRETE HEADWALL 19 , \ \ ,� 951.11 THIS LINE OF THE 30.00 PORTION OF RIGHT OF WAY LYING DITCHES ALONG THE SOUTH 2 / �- -\ 19 i I 25.00' CANAL EASEMENT (LATERAL No. WITHIN THE SOUTHWEST QUARTER OF SECTION 19 1950.1 1950.4 8 PER BOOK 107 OF BLUESTAKING x AND SOUTHEAST PORTION OF xT / / , 952.,x - x ), \ \ MARKED IBD" IS ALSO A NON-EXCLUSIVE RIGHT OF WAY FOR �/ / I ; 1953.1 a MISCELLANEOUS RECORDS, PAGE 151, COMN� WATER DISTRIBUTION FACILITIES PER SE UENCE THE SUBJECT PARCEL I l \ „ „ (ABANDONED?) Q \ I \ No. 2022-2690037 (SCHEDULE 'B" ITEM No. 8) \ ti \ 1950� \ CONCRETE IRRIGATION DITCH x \ \� \ 95 ------------------------- \ - 8k1.� web ^tlk1 6H @JINW 01HW1 1950.5 I �� COMM - 1951.2 _ COMM - CC 1952.5T6 , __ ___________- ---- - - - - - - - - ---_ ---� --�`� -- -- ------� - 1952�-- - - r--------------------- THIS LINE OF x1952.5 / 1s5J. � CONCRETE SLAB SCHEDULE B ITEM No. 7 BLUESTAKING MARKED o /I x / o� OVER IRRIGATION Vegetation / � - _____ ____ ABD" (ABANDONED?) BADLY A GE I� j � \ 1 ss3. - � - - Ground -- ____;-' CoMMU A Jo 118" CM Obscur - -- -- 30.00' RIGHT OF WAY, PER 25.00' ROAD PROCEEDING No. 113 COMM COMM COMM COMM COMM C COMM COM COMM 1953.4 - - - 1953.9 - - - - ETE_lRRIGATIlDA1 - - - 1954.3 , ----GRfERO,AD-- x- ------------- 30.00 - --------- - - - - - -- _ ______�= ____________=_-_ ---_ ---_ --- ----_ -- --------- - - - - - - 1952.9 SOUTH QUARTER CORNER SECTION 19, FOUND BENT 112" REBAR, NO TAG, �� - 3f7-OfT _RlG_H_T-flF_ WIfi�' PfR ------ _ _ _ _ - - x - _ - - - - - - 1953.2 PER (R 1), REPLACED WITH 1-112" ALUMINUM CAPPED PIN, LS 50761 30. 00' \ / - - - - - -MAD PROCEEDING No. 113 0 SEE DETAIL »4 ; SHEET 1 x 1949.1 5� 1951.9 1952.1 x x x 1952.3 1952.1 1952.3 30.00' RIGHT OF I 1952.1 -- - - 1952.5 -- - - - - - - - -- - -- WAY, PER ROAD I x - - - -- -- -- -- -- -- -- -- -- - - - - -- -- -- -- -- - _ __ ___ - - - - - - SHEET INDEX PROCEEDING No. 113 I ---------------------7n----- x - " " ' SHEET: GENERAL NOTES, DETAILS I 1948. I III [11.9 IT x 195 4 x 51.9 x 1952.1 x 1951.8 x 1951',8 SHEET 2: BOUNDARY xSHEET 3.• TOPOGRAPHY 11952. , O� NOTICE OF DRAWING AUTHORIZATION.• THIS DRAWING IS A COPYRIGHT PROTECTED DOCUMENT PRODUCED BY COMPUTER AIDED DESIGN AND DRAFTING TECHNIQUES MULTIPLE AND/OR UNAUTHORIZED COPIES OF DRAWING DATA FILES MAY EXIST ANY USE, REUSE OR MODIFICATION OF THE DRAWING OR ITS DATA FILES WITHOUT THE APPROPRIATE AUTHORIZED SIGNED REGISTERED LAND SURVEYOR SEAL AND WRITTEN VERIFICATION BY PUTT LAND SURVEYING IS PROHIBITED AND WILL BE AT THE USERS RISK AND FULL LEGAL RESPONSIBILITY. DESIGNED: NIA ALTAINSPS LAND TITLE SURVEY NO. REVISION PUTT LAND ICA DRAWN. • PMC ICArF �'��,�\F oG�p0 JANUARY 26, 2024. ADDED SMALL GREEN BLUESTAKING CHECKED: DLP 50761 o A PORTION OF THE SOUTHWEST NEAR SOUTHEAST CORNER OF SUBJECT PARCEL, ADDED r PAUL M. ;'0 INC. OF SECTION �9 CMP AND DROP INLET INFORMATION AT NORTHWEST END DATE.• 112JI24 $COTE SURVEYING �� QUARTER OF PARCEL. AFFECTS SHEET THREE ONLY. JOB No. 23-169 �' ed �P 4817 EAST FIFTH STREET TUCSON ARIZONA 85711 JANUARY JO, 2024. PLOTTED SMALL GREEN � N , , , TOWNSHIP 11 SOUTH, RANGE 11 EAST, � TELEPHONE. (520) 790-8373 FAX (520) 512-8373 GILA AND SALT RIVER MERIDIAN, BLUESTAKING NEAR SOUTHEAST CORNER OF SUBJECTPARCEL (FAILED TO PLOT IN REVISION 1). AFFECTS 3 of 3 PIMA COUNTY, ARIZONA SHEET THREE ONLY. may 21, 2U24 Appendix C- Arizona Game & Fish Environmental Online Review Tool Report Marana Town Council Regular Meeting Agenda Packet Page 307 of 561 May 21, 2024 Arizona Environmental Online Review Tool Report Arizona Game and Fish Department Mission To conserve Arizona's diverse wildlife resources and manage for safe, compatible outdoor recreation opportunities for current and future generations. Project Name: Grier Substation Project Description: Re -zoning and substation Project Type: Energy Storage/Production/Transfer, Energy Transfer, substation Contact Person: Gerald Berthelette Organization: Sonoran Land Resources On Behalf Of: OTHER Project ID: HGIS-20428 Please review the entire report for project type and/or species recommendations for the location information entered. Please retain a copy for future reference. Marana Town Co �24pqyIgSMeeting Agenda Packet Page 308 of 561 Lll�ay 21, 2024 Arizona Game and Fish Department project_report_grier_substation_70088_72091.pdf Project ID: HGIS-20428 Review Date: 9/27/2023 11:27:31 AM Disclaimer: 1. This Environmental Review is based on the project study area that was entered. The report must be updated if the project study area, location, or the type of project changes. 2. This is a preliminary environmental screening tool. It is not a substitute for the potential knowledge gained by having a biologist conduct a field survey of the project area. This review is also not intended to replace environmental consultation (including federal consultation under the Endangered Species Act), land use permitting, or the Departments review of site -specific projects. 3. The Departments Heritage Data Management System (HDMS) data is not intended to include potential distribution of special status species. Arizona is large and diverse with plants, animals, and environmental conditions that are ever changing. Consequently, many areas may contain species that biologists do not know about or species previously noted in a particular area may no longer occur there. HDMS data contains information about species occurrences that have actually been reported to the Department. Not all of Arizona has been surveyed for special status species, and surveys that have been conducted have varied greatly in scope and intensity. Such surveys may reveal previously undocumented population of species of special concern. 4. Arizona Wildlife Conservation Strategy (AWCS), specifically Species of Greatest Conservation Need (SGCN), represent potential species distribution models for the State of Arizona which are subject to ongoing change, modification and refinement. The status of a wildlife resource can change quickly, and the availability of new data will necessitate a refined assessment. Locations Accuracy Disclaimer: Project locations are assumed to be both precise and accurate for the purposes of environmental review. The creator/owner of the Project Review Report is solely responsible for the project location and thus the correctness of the Project Review Report content. Marana Town Co J�p%y1fS Meeting Agenda Packet Page 309 of 561 ay, 21, 2024 Arizona Game and Fish Department project_report_grier_substation_70088_72091.pdf Project ID: HGIS-20428 Review Date: 9/27/2023 11:27:31 AM Recommendations Disclaimer: 1. The Department is interested in the conservation of all fish and wildlife resources, including those species listed in this report and those that may have not been documented within the project vicinity as well as other game and nongame wildlife. 2. Recommendations have been made by the Department, under authority of Arizona Revised Statutes Title 5 (Amusements and Sports), 17 (Game and Fish), and 28 (Transportation). 3. Potential impacts to fish and wildlife resources may be minimized or avoided by the recommendations generated from information submitted for your proposed project. These recommendations are preliminary in scope, designed to provide early considerations on all species of wildlife. 4. Making this information directly available does not substitute for the Department's review of project proposals, and should not decrease our opportunity to review and evaluate additional project information and/or new project proposals. 5. Further coordination with the Department requires the submittal of this Environmental Review Report with a cover letter and project plans or documentation that includes project narrative, acreage to be impacted, how construction or project activity(s) are to be accomplished, and project locality information (including site map). Once AGFD had received the information, please allow 30 days for completion of project reviews. Send requests to: Project Evaluation Program, Habitat Branch Arizona Game and Fish Department 5000 West Carefree Highway Phoenix, Arizona 85086-5000 Phone Number: (623) 236-7600 Fax Number: (623) 236-7366 Or PEP&azgfd.gov 6. Coordination may also be necessary under the National Environmental Policy Act (NEPA) and/or Endangered Species Act (ESA). Site specific recommendations may be proposed during further NEPA/ESA analysis or through coordination with affected agencies Marana Town Co J�9%yIfS Meeting Agenda Packet Page 310 of 561 j�,;ay 21, 2024 Arizona Game and Fish Department project_report_grier_substation_70088_72091.pdf Project ID: HGIS-20428 Review Date: 9/27/2023 11:27:31 AM Grier Substation USA Topo Basemap With Locator Map VA =MAN EP= Oki Q Buffered Project Boundary Project Boundary Project Size (acres): 1933. Lat/Long (DD): 32.4550 /-111.2609 County(s): Pima AGFD Region(s): Tucson Township/Range(s): T11S, R11E USGS Quad(s): WEST OF MARANA Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community Las Vegas Colorado ° Plateau Arizona Phoenix 0 0 Tucson ° I ------------ Marana Town Co J Zylgg Meeting Agenda Packet Page 311 of 561 ay 21, 2024 Arizona Game and Fish Department project_report_grier_substation_70088_72091.pdf Project ID: HGIS-20428 Review Date: 9/27/2023 11:27:31 AM Grier Substation Web Map As Submitted By User Buffered Project Boundary Project Size (acres): 19.33 Project Boundary Lat/Long (DD): 32.4550 /-111.2609 County(s): Pima AGFD Region(s): Tucson Towns hip/Range(s): T11 S, R11 E USGS Quad(s): WEST OF MARANA Sources, Esn, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS.. OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community Marana Town CoL EEb %ylggMeeting Agenda Packet Page 312 of 561 ay 21, 2024 Arizona Game and Fish Department project_report_grier_substation_70088_72091.pdf Project ID: HGIS-20428 Review Date: 9/27/2023 11:27:31 AM Grier Substation Important Areas anhRd -- -WTr Buffered Project Boundary Project Boundary Important Bird Areas Critical Habitat Pinal County Riparian Important Connectivity Zones Wildlife Connectivity -W Sagebrush Rd i W Marana Rd W Grier Rd W c chi Marana WW� Barnett Rd :+'6rirk Farms Blvd Project Size (acres): 19.33 Lat/Long (DD): 32.4550 /-111.2609 County(s): Pima AGFD Region(s): Tucson Towns hip/Range(s): T11 S, R11 E USGS Quad(s): WEST OF MARANA Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIs user community Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community Marana Town Co J %ylggMeeting Agenda Packet Page 313 of 561 ay 21, 2024 Arizona Game and Fish Department project_report_grier_substation_70088_72091.pdf Project ID: HGIS-20428 Review Date: 9/27/2023 11:27:31 AM Grier Substation Township/Ranges and Land Ownership 0 T11S, R11E H z W Hardin Rd 0- W Hardin R.. �P W Kirby Hughes Rd ry W Sagebrush RY11S, R11E 0 W C chi Z W Marana Rd Marana TT �r W Grier Rd ara Rd W Trico Marana Rd W Barnett Rd 1965f • W Clark Farms Blvd s ` T11S, R11E I ley ■P'b a " Sandy St v a a N Ison z Marana or 0 Heritage Rive Z 11 -11/1 Pr bP/� R a N W�E 0 0.25 0.5 1 1.5 I 2 S Miles Buffered Project Boundary National Park/Mon. Project Size (acres): 19.33 0 Project Boundary Private Lat/Long (DD): 32.4550 /-111.2609 AZ Game & Fish Dept. State & Regional Parks County(s): Pima AGFD Region(s): Tucson BLM State Trust Towns hip/Range(s): T11 S, R11 E BOR US Forest Service USGS Quad(s): WEST OF MARANA Indian Res. Wildlife Area/Refuge Sources: Esri, Airbus IDS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS.. OS, NMA, Military Township/Ranges Geodatastyrelsen, Rirkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS Mixed/Other User Community Marana Town Co JE%plggMeeting Agenda Packet Page 314 of 561 ay 21, 2024 Arizona Game and Fish Department project_report_grier_substation_70088_72091.pdf Project ID: HGIS-20428 Review Date: 9/27/2023 11:27:31 AM Special Status Species Documented within 3 Miles of Project Vicinity Scientific Name Agelaius phoeniceus Amphispiza bilineata Athene cunicularia hypugaea Auriparus flaviceps Bat Colony Buteo swainsoni Calamospiza melanocorys Calypte costae Campylorhynchus brunneicapillus Cardinalis sinuatus Catharus guttatus Charadrius vociferus Chilomeniscus stramineus Circus hudsonius Coccyzus americanus Columbina inca Contopus sordidulus Corvus cryptoleucus Cynanthus latirostris Empidonax traillii extimus Empidonax wrightii Eremophila alpestris Euphagus cyanocephalus Falco mexicanus Falco peregrinus anatum Falco sparverius Geothlypis tolmiei Heloderma suspectum Icterus bullockii Icterus cucullatus Incilius alvarius Lanius ludovicianus Melanerpes uropygialis Melospiza lincolnii Melozone aberti Micruroides euryxanthus Myotis velifer Passerculus sandwichensis Phrynosoma solare Common Name FWS USFS BLM Red -winged Blackbird Black -throated Sparrow Western Burrowing Owl SC S S Verdin Swainson's Hawk Lark Bunting Costa's Hummingbird Cactus Wren Pyrrhuloxia Hermit Thrush Killdeer Variable Sandsnake Northern Harrier Yellow -billed Cuckoo (Western DPS) Inca Dove Western Wood -Pewee Chihuahuan Raven Broad -billed Hummingbird Southwestern Willow Flycatcher Gray Flycatcher Horned Lark Brewer's Blackbird Prairie Falcon American Peregrine Falcon American Kestrel MacGillivray's Warbler Gila Monster Bullock's Oriole Hooded Oriole Sonoran Desert Toad Loggerhead Shrike Gila Woodpecker Lincoln's Sparrow Abert's Towhee Sonoran Coralsnake Cave Myotis Savannah Sparrow Regal Horned Lizard LT S S S LE SC S S S SC S SC S NPL SGCN 2 2 2 2 2 2 2 2 2 2 2 2 2 1 2 2 2 2 1 2 2 2 2 1 2 2 1 2 2 2 2 2 2 2 2 2 2 2 Marana Town CoJE%plggMeeting Agenda Packet ay 21, 2024 Page 315 of 561 Arizona Game and Fish Department project_report_grier_substation_70088_72091.pdf Project ID: HGIS-20428 Review Date: 9/27/2023 11:27:31 AM Special Status Species Documented within 3 Miles of Project Vicinity Scientific Name Common Name FWS USFS BLM NPL SGCN Pooecetes gramineus Vesper Sparrow 2 Selasphorus platycercus Broad -tailed Hummingbird 2 Setophaga nigrescens Black -throated Gray Warbler 2 Spizella breweri Brewer's Sparrow 2 Tadarida brasiliensis Brazilian Free -tailed Bat 2 Toxostoma bendirei Bendire's Thrasher 2 Note: Status code definitions can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/statusdefinitions/ Special Areas Documented that Intersect with Project Footprint as Drawn Scientific Name Common Name FWS USFS BLM NPL SGCN Coyote - Ironwood - Tucson Linkage Wildlife Connectivity Design Riparian Area Riparian Area Santa Cruz River Pima County Wildlife Movement Area - Riparian/Wash Note: Status code definitions can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/statusdefinitions/ S An perpallidus Anthus spragueii Aquila chrysaetos Artemisiospiza nevadensis Asio otus Athene cunicularia hypugaea Auriparus flaviceps Botaurus lentiginosus Buteo regalis Buteo swainsoni Calcarius ornatus Calypte costae Campylorhynchus brunneicapillus Catharus ustulatus Charadrius montanus Coccyzus americanus Colaptes chrysoides Species of Greatest Conservation Need Predicted that Intersect with Project Footprint as Drawn, based on Predicted Range Models cientific Name Common Name FWS USFS BLM NPL SGCN modramus savannarum Western Grasshopper Sparrow Sprague's Pipit Golden Eagle Sagebrush Sparrow Long-eared Owl Western Burrowing Owl Verdin American Bittern Ferruginous Hawk Swainson's Hawk Chestnut -collared Longspur Costa's Hummingbird Cactus Wren Swainson's Thrush Mountain Plover Yellow -billed Cuckoo (Western DPS) Gilded Flicker SC S SC S S SC SC S S 2 2 2 2 2 2 2 2 2 2 2 2 2 Marana Town CoJE%plggMeeting Agenda Packet ay 21, 2024 Page 316 of 561 SC SC S S 2 2 2 2 2 2 2 2 2 2 2 2 2 Marana Town CoJE%plggMeeting Agenda Packet ay 21, 2024 Page 316 of 561 Arizona Game and Fish Department project_report_grier_substation_70088_72091.pdf Project ID: HGIS-20428 Review Date: 9/27/2023 11:27:31 AM Species of Greatest Conservation Need Predicted that Intersect with Project Footprint as Drawn, based on Predicted Range Models Scientific Name Common Name FWS USFS BLM NPL SGCN Columbina inca Inca Dove 2 Corynorhinus townsendii pallescens Pale Townsend's Big -eared Bat SC S S 1 Cynanthus latirostris Broad -billed Hummingbird S 2 Dendrocygna autumnalis Black -bellied Whistling -Duck 2 Empidonax wrightii Gray Flycatcher 2 Eumops perotis californicus Greater Western Bonneted Bat Falco mexicanus Prairie Falcon 2 Falco peregrinus anatum American Peregrine Falcon Falco sparverius American Kestrel 2 Glaucidium brasilianum cactorum Cactus Ferruginous Pygmy -owl Gopherus morafkai Sonoran Desert Tortoise CCA S S 1 Heloderma suspectum Gila Monster 1 Incilius alvarius Sonoran Desert Toad 2 Lanius ludovicianus Loggerhead Shrike SC 2 Lasiurus blossevillii Western Red Bat S 2 Lasiurus cinereus Hoary Bat 2 Lasiurus xanthinus Western Yellow Bat S 2 Lepus alleni Antelope Jackrabbit 2 Lithobates yavapaiensis Lowland Leopard Frog SC S S 1 Macrotus californicus California Leaf -nosed Bat SC S 2 Megascops kennicottii Western Screech -owl Melanerpes uropygialis Gila Woodpecker 2 Melospiza lincolnii Lincoln's Sparrow 2 Melozone aberti Abert's Towhee S 2 Micrathene whitneyi Elf Owl Micruroides euryxanthus Sonoran Coralsnake 2 Myotis velifer Cave Myotis SC S 2 Myotis yumanensis Yuma Myotis SC 2 Nyctinomops femorosaccus Pocketed Free -tailed Bat 2 Nyctinomops macrotis Big Free -tailed Bat SC 2 Parabuteo unicinctus Harris's Hawk 2 Passerculus sandwichensis Savannah Sparrow 2 Peucaea carpalis Rufous -winged Sparrow 2 Phrynosoma solare Regal Horned Lizard 2 Phyllorhynchus browni Saddled Leaf -nosed Snake 2 Pooecetes gramineus Vesper Sparrow 2 Progne subis hesperia Desert Purple Martin Spizella breweri Brewer's Sparrow 2 Tadarida brasiliensis Brazilian Free -tailed Bat Marana Town Cow 4MWp1j Meeting Agenda Packet Page 317 of 561 ay 21, 2024 Arizona Game and Fish Department project_report_grier_substation_70088_72091.pdf Project ID: HGIS-20428 Review Date: 9/27/2023 11:27:31 AM Species of Greatest Conservation Need Predicted that Intersect with Project Footprint as Drawn, based on Predicted Range Models Scientific Name Common Name FWS USFS BLM NPL SGCN Toxostoma bendirei Bendire's Thrasher 2 Toxostoma lecontei LeConte's Thrasher S 2 Species of Economic and Recreation Importance Predicted that Intersect with Project Footprint as Drawn Scientific Name Callipepla gambelii Pecari tajacu Puma concolor Zenaida asiatica Zenaida macroura Common Name Gambel's Quail Javelina Mountain Lion White -winged Dove Mourning Dove FWS USFS BLM NPL SGCN Project Type: Energy Storage/Production/Transfer, Energy Transfer, substation Project Type Recommendations: Fence recommendations will be dependent upon the goals of the fence project and the wildlife species expected to be impacted by the project. General guidelines for ensuring wildlife -friendly fences include: barbless wire on the top and bottom with the maximum fence height 42", minimum height for bottom 16". Modifications to this design may be considered for fencing anticipated to be routinely encountered by elk, bighorn sheep or pronghorn (e.g., Pronghorn fencing would require 18" minimum height on the bottom). Please refer to the Department's Fencing Guidelines located on Wildlife Friendly Guidelines page, which is part of the Wildlife Planning button at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/. Consider impacts of outdoor lighting on wildlife and develop measures or alternatives that can be taken to increase human safety while minimizing potential impacts to wildlife. Conduct wildlife surveys to determine species within project area, and evaluate proposed activities based on species biology and natural history to determine if artificial lighting may disrupt behavior patterns or habitat use. Use only the minimum amount of light needed for safety. Narrow spectrum bulbs should be used as often as possible to lower the range of species affected by lighting. All lighting should be shielded, canted, or cut to ensure that light reaches only areas needing illumination. Minimize the potential introduction or spread of exotic invasive species, including aquatic and terrestrial plants, animals, insects and pathogens. Precautions should be taken to wash and/or decontaminate all equipment utilized in the project activities before entering and leaving the site. See the Arizona Department of Agriculture website for a list of prohibited and restricted noxious weeds at https://www.invasivespeciesinfo.gov/unitedstates/az.shtml and the Arizona Native Plant Society https://aznps.com/invas for recommendations on how to control. To view a list of documented invasive species or to report invasive species in or near your project area visit iMapinvasives - a national cloud -based application for tracking and managing invasive species at https://imap.natureserve.org/imap/services/page/map.html. To build a list: zoom to your area of interest, use the identify/measure tool to draw a polygon around your area of interest, and select "See What's Here" for a list of reported species. To export the list, you must have an account and be logged in. You can then use the export tool to draw a boundary and export the records in a csv file. Marana Town CoLr%"Wp1Meeting Agenda Packet Page 318 of 561 ay 21, 2024 Arizona Game and Fish Department project_report_grier_substation_70088_72091.pdf Project ID: HGIS-20428 Review Date: 9/27/2023 11:27:31 AM Follow manufacturer's recommended application guidelines for all chemical treatments. The U.S. Fish and Wildlife Service, Integrated Pest Management Group has a reference document that serves as their pesticide recommendations for protecting wildlife and fisheries resources, titled "Reducing Risks to Pollinators from Pest Control", https://www.fws.gov/sites/default/files/documents/Reducing_ Risks_ to_ Pollinators _from_Pest_Control_factsheet.pdf. The Department recommends that direct or indirect impacts to sensitive species and their forage base from the application of chemical pesticides or herbicides be considered carefully. The Department recommends that wildlife surveys are conducted to determine if noise -sensitive species occur within the project area. Avoidance or minimization measures could include conducting project activities outside of breeding seasons. For any powerlines built, proper design and construction of the transmission line is necessary to prevent or minimize risk of electrocution of raptors, owls, vultures, and golden or bald eagles, which are protected under state and federal laws. Limit project activities during the breeding season for birds, generally March through late August, depending on species in the local area (raptors breed in early February through May). Conduct avian surveys to determine bird species that may be utilizing the area and develop a plan to avoid disturbance during the nesting season. For underground powerlines, trenches should be covered or back -filled as soon as possible. Incorporate escape ramps in ditches or fencing along the perimeter to deter small mammals and herpetofauna (snakes, lizards, tortoise) from entering ditches. Ir addition, indirect affects to wildlife due to construction (timing of activity, clearing of rights -of -way, associated bridges and culverts, affects to wetlands, fences) should also be considered and mitigated. Based on the project type entered, coordination with State Historic Preservation Office may be required (https://azstateparks.com/). Trenches should be covered or back -filled as soon as possible. Incorporate escape ramps in ditches or fencing along the perimeter to deter small mammals and herpetofauna (snakes, lizards, tortoise) from entering ditches. Vegetation restoration projects (including treatments of invasive or exotic species) should have a completed site - evaluation plan (identifying environmental conditions necessary to re-establish native vegetation), a revegetation plan (species, density, method of establishment), a short and long-term monitoring plan, including adaptive management guidelines to address needs for replacement vegetation. Project Location and/or Species Recommendations: Analysis indicates that your project is located in the vicinity of an identified wildlife habitat connectivity feature. The County -level Stakeholder Assessments contain five categories of data (Barrier/Development, Wildlife Crossing Area, Wildlife Movement Area- Diffuse, Wildlife movement Area- Landscape, Wildlife Movement Area- Riparian/Washes) that provide a context of select anthropogenic barriers, and potential connectivity. The reports provide recommendations for opportunities to preserve or enhance permeability. Project planning and implementation efforts should focus on maintaining and improving opportunities for wildlife permeability. For information pertaining to the linkage assessment and wildlife species that may be affected, please refer to: https://www.azgfd.com/wildlife/planning/habitatconnectivity/identifying-corridors/. Please contact the Project Evaluation Program (pep�aazgfd.gov) for specific project recommendations. Analysis indicates that your project is located in the vicinity of an identified wildlife habitat connectivity feature. The Detailed Wildlife Connectivity Assessments represent ideal connections within or between intact blocks or core habitats. The blocks are currently disconnected or isolated and the linkages should be examined for improving permeability, or are currently intact and in need of preservation and/or enhancement. The reports provide recommendations for opportunities to preserve or enhance permeability. Project planning and implementation efforts should focus on maintaining and improving opportunities for wildlife permeability. For information pertaining to the linkage assessment and wildlife species that may be affected, please refer to: https://www.azgfd.com/wildlife/planning/habitatconnectivity/identifying-corridors/ Please contact the Project Evaluation Program (pe azgfd.gov) for specific project recommendations. Marana Town Cow 4*Wp1j Meeting Agenda Packet Page 319 of 561 ay 21, 2024 Arizona Game and Fish Department project_report_grier_substation_70088_72091.pdf Project ID: HGIS-20428 Review Date: 9/27/2023 11:27:31 AM HDMS records indicate that one or more Listed, Proposed, or Candidate species or Critical Habitat (Designated or Proposed) have been documented in the vicinity of your project. The Endangered Species Act (ESA) gives the US Fish and Wildlife Service (USFWS) regulatory authority over all federally listed species. Please contact USFWS Ecological Services Offices at https://www.fws.gov/office/arizona-ecological-services or: Phoenix Main Office 9828 North 31st Avenue #C3 Phoenix, AZ 85051-2517 Phone: 602-242-0210 Fax: 602-242-2513 Tucson Sub -Office 201 N. Bonita Suite 141 Tucson, AZ 85745 Phone: 520-670-6144 Fax: 520-670-6155 Flagstaff Sub -Office SW Forest Science Complex 2500 S. Pine Knoll Dr. Flagstaff, AZ 86001 Phone: 928-556-2157 Fax: 928-556-2121 This review has identified riparian areas within the vicinity of your project. During the planning stage of your project, avoid, minimize, or mitigate any potential impacts to riparian areas identified in this report. Riparian areas play an important role in maintaining the functional integrity of the landscape, primarily by acting as natural drainages that convey water through an area, thereby reducing flood events. In addition, riparian areas provide important movement corridors and habitat for fish and wildlife. Riparian areas are channels that contain water year-round or at least part of the year. Riparian areas also include those channels which are dry most of the year, but may contain or convey water following rain events. All types of riparian areas offer vital habitats, resources, and movement corridors for wildlife. The Pinal County Comprehensive Plan (i.e. policies 6.1.2.1 and 7.1.2.4), Open Space and Trails Master Plan, Drainage Ordinance, and Drainage Design Manual all identify riparian area considerations, guidance, and policies. Guidelines to avoid, minimize, or mitigate impacts to riparian habitat can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/. Based on the project type entered, further consultation with the Arizona Game and Fish Department and Pinal County may be warranted. HDMS records indicate that Western Burrowing Owls have been documented within the vicinity of your project area. Please review the western burrowing owl resource page at: https://www.azgfd.com/wildlife/speciesofgreatestconservneed/burrowingowlmanagement/. Marana Town Cow 4nWp1j Meeting Agenda Packet Page 320 of 561 ay 21, 2024 Appendix D- US Fish & Wildlife Service Correspondence Marana Town Council Regular Meeting Agenda Packet Page 321 of 561 May 21, 2024 From: Richardson, Scott To: Gerald Berthelette Subject: Re: [EXTERNAL] FW: Parcel I"m calling about with potential CFPO habitat Date: Monday, January 22, 2024 3:29:01 PM Hey Gerry, Thanks for the reminder on this issue. Things tend to get buried in the black hole that is my email box. Thanks again for bringing me up to speed on this project. Our discussion helped clarify things for me with regard to CFPO. We are not aware of any CFPO currently in the vicinity of the proposed project. And, while the project is within dispersal distance of known CFPO nesting territories, the project area does not support the appropriate habitat elements to 1) provide habitat connectivity such that dispersing CFPO would likely be able to disperse to occupy the project area and 2) provide the necessary elements to support establishment of a CFPO home range or nesting. Based on our knowledge of areas currently occupied by CFPO and due to lack of appropriate habitat elements. it is unlikely that any CFPO currently occupy the project area or are able to disperse into the area to establish a nesting territory. We do not recommend any CFPO surveys in the project area due to lack of suitable habitat. I hope this is helpful. Please do not hesitate to contact me if we can be of any further assistance. Thank you for your consideration of potential impacts from this project on CFPO. Sincerely, Scott Richardson U.S. Fish and Wildlife Service Tucson Suboffice (520) 979-7896 From: Gerald Berthelette<gberthelette@sonoranland resources.com> Sent: Monday, January 22, 2024 10:43 AM To: Richardson, Scott <scott_rich ardson@fws.gov> Subject: [EXTERNAL] FW: Parcel I'm calling about with potential CFPO habitat This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Morning, Scott! Again, it was great to catch up with you. I'm sure you have plenty on your plate, but I'm wondering if you've gotten a chance to look at my last email regarding CFPO habitat and burrowing owl potential for that site in Marana. You had mentioned providing some official USFWS language for me, indicating that the site probably wasn't a concern for CFPO, but I haven't seen anything come Marana Town Council Regular Meeting Agenda Packet Page 322 of 561 May 21, 2024 through yet. Let me know if I can get you anything further. If you want to re -hash this over the phone, feel free to give me a call today or any day this week you have some time available. Thanks! Look forward to hearing from you. Cheers, Gerry From: Gerald Berthelette Sent: Thursday, January 11, 2024 11:14 AM To: scott_richardson@fws.gov Subject: Parcel I'm calling about with potential CFPO habitat Hi Scott, I'll call you in a minute here, we are just about to go on break. Check out these photos attached... The parcel is just an ag field right now. There are some decrepit culverts on site, some short ones that run N-S and E-W in the southeast corner of the parcel, and then a full culvert running N-S along the eastern boundary of the parcel. Not much in the way of habitat, here, but there are a few trees in the SE corner of the parcel that could be of some concern. Gerry Berthelette, Environmental and Land Use Planner II 8750 E Speedway Blvd. Suite 230 Tucson; AZ 85710 (520) 989-1096 Sonoran Land Resources, LLC Your path to successful outcomes! CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Marana Town Council Regular Meeting Agenda Packet Page 323 of 561 May 21, 2024 Development Services / maranaAZ.aov 11555 West Civic Center Drive / Marana, AZ 85653 MARANA Ph (520) 382-2600 / Fax (520) 382-2641 PROJECT APPLICATION Instructions Information about project submittal requirements can be found online by reviewing the submittal checklist for the proposed scope of work at https://www.maranaaz.qov/developmentservicesforms. o Applicants can submit electrically by email. Please follow the information resource on "How to Submit Electronically." o Submit the completed application along with all forms and attachments electronically by email to maranaplanning@maranaAZ.gov for planning related applications or devenq@maranaAZ.gov for engineering related applications. If means to submit electronically are unavailable, applicants can submit in person using a print copy to: Development Services Marana Municipal Complex, Second Floor 11555 W Civic Center Dr. Building A2 Marana, AZ 85653 o The application and review status can be viewed through Permit Tracker, our On-line Application & Information System, utilizing the project search menu. o Notice of correction or approval will be communicated via email to the applicant listed on the application. Payment Fee information can be found on the online at maranaAZ.gov/finance. An invoice will be provided by email to the applicant for payment. Payment can be made in the form of credit card, cash or check payable to the Town of Marana. o Credit card over the phone, please call (520) 382-2600 o In person or by mail, please send checks to: Town of Marana, Cashiering 11555 W Civic Center Dr. Building A2 Marana, AZ 85653 Licensing Time Frame Pursuant to and subject to A.R.S. § 9-836 (2019), the Town of Marana hereby establishes its licensing time frames, available here. Contact Information For planning related questions about this form, please contact Marci Johns by email at.mara na plan ninQ@DmaranaAZ.qov or call (520) 382-2600. For development engineering questions about this form, please contact Charity Teresi by email at devenq@maranaAZ.gov or call (520) 382-2600. Revision Date 05/16/2023 Marana Town Council Regular Meeting Agenda Packet Page 329 of 561 May 21, 2024 MARANA Development Services / maranaAZ.gov 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382-2600 / Fax (520) 382-2641 PROJECT APPLICATION APPLICATION TYPE ❑ Annexation ❑ Development Plan ❑ Development Plan Package 0 General Plan Amendment ❑ Rezone ❑ Minor Land Division 0 Translational Rezone ❑ Conditional Use Permit ❑ Specific Plan ❑ Landscape Plan ❑ Native Plant Plan/Exception ❑ SWPP ❑ Variance ❑ Hydraulic Model ❑ Sewer Capacity Assurance ❑ Sign Program ❑ Plat ❑ Improvement Plan ❑ Report (Type): ❑ Other: PROJECT• • Project Name: Grier 138/13.8 Kilovolt Substation Description of Project: Construction of new electric substation Number of Lots: 1 Parcel No.(s): 217-23-0310 Gross Area (Acres): 19.54 Project Address: 13860 W. Grier Road Marana AZ, 85653 Ref. Project No.: CONTACT• • Owner: Cortaro Farms LTD Contact Name: Victor Gee Address: 4350 N. La Linda Rama City: Tucson State: AZ Zip: 85718 Email: vgee8888@aol.com Phone No.: Applicant: Tucson Electric Power Company Contact Name: Brian Pugh Address: PO Box 711 Mail Stop OH 131 City: Tucson State: AZ Zip: 85702 Email: BPugh@tep.com Phone No.: (520) 460-6417 Consultant/Engineer: Sonoran Land Resources Contact Name: Renee Darling Address: 8750 E Speedway Suite 230 City: Tucson State: AZ Zip: 85710 Email: rdarling@sonoranlandresources.com Phone No.: (520) 213-7665 APPLICANT AUTHORIZATION By signing below, I hereby acknowledge that I have read the information provided online at maranaaz.gov/arsnotice and certify that the information set forth in this application are true and correct to the best of my knowledge. I am either the owner of the property or I have been authorized in writing by the owner to file this application. (If the applicant is not the owner, attach written authorization from the owner) .0 lap DC=—o24 o2, DCz—p U=Users, OU=TEP.OU=UNS, Brian Pugh Dlg ally-Ngh byBr- g Ug , rlan ,e_2024A2, 6135 11 07 00' Applicant Name (PRINT) Signature Date Project No. Date Received Revision Date 05/16/2023 Marana Town Council Regular Meeting Agenda Packet Page 330 of 561 May 21, 2024 TOP Tucson Electric Power Grier Substation Rezone and Minor General Plan Amendment Citizen Review Public Meeting Summary In compliance with Town of Marana (TOM) Code, Title 17, Chapter 3, Section 1.0 Tucson Electric Power Company (TEP) held a neighborhood meeting on April 4, 2024. Below is a summary of the Citizen Review Process conducted by TEP. 1. Meeting Notification In compliance with TOM code 17.3.1.C.1, TEP prepared and mailed written notice of the rezone and minor plan amendment application to all owners of property located within 300 feet of the subject property on March 16, 2024, 16 days prior to the date of the neighborhood meeting. The 300-foot distance was measured from the Pima County Assessor No. 217-23-0310 parcel line. The written notice provided a general explanation of the substance of the proposed rezoning, and the notice of the date, time, and location of the neighborhood meeting. A copy of the notice is Attachment A. Following comment from a nearby resident beyond the 300-foot notice area, TEP mailed eleven additional notices on March 22, 2024. Notice was also mailed and emailed to various TOM Staff and Council Members. A copy of the complete mailing list is Attachment B. 2. Meeting Summary The neighborhood meeting was held Thursday, April 4, 2024 at the Marana Town Center 2nd Floor Conference Room located at 11555 W Civic Center Drive, Marana, AZ 85653 from 6:OOPM to 7:30PM. The meeting was Open House format, with a sign -in table, comment table, refreshment table, and eight Project posters. Posters included: TOM Public Engagement Process, How Electricity Gets to You, Conceptual Plan, Three Photo Simulations, and a map of the future AEPCO/TEP Saguaro to Marana 138-kV transmission line and disclosure that an additional 138-kV transmission line will be required from the Grier Substation to the east (see Attachment C for Project Posters). Two handouts were also made available to attendees and included Electric and Magnetic Fields (EMF) and Substation Safety and Noise Standards and Regulations (see Attachment D for Project Handouts) In attendance at the meeting were TEP staff including the Project Manager, Government Liaison, Project Engineer, and an Environmental and Land Use Planner. Also attending were two Environmental and Land Use Planners with Sonoran Land Resources. These individuals were available to answer questions related to the Project and attendees' concerns. 1 Marana Town Council Regular Meeting Agenda Packet Page 331 of 561 May 21, 2024 TEP Tucson Electric Power All attendees were asked to sign in (see Attachment E for sign in sheet). Eleven people (10 adults, 1 child) attended the meeting and included two TOM council members — Roxanne Ziegler and Patti Comerford, three households from Jane Avenue, one person from Steele Dr. in Marana, and one person from Shannon Road in Tucson. All attendees appear to have been mailed notice except for the attendee from Tucson. Marana Town Council Regular Meeting Agenda Packet May 21, 2024 2 Page 332 of 561 TOP Tucson Electric Power 3. Comments The Citizen Review Process has resulted in eight comments to date — six written and two phone calls. TEP staff and consultants also documented herein the verbal comments received during the open house neighborhood meeting. 3.1 Written Comments Written comments are provided in Attachment F. To summarize the written comments: C. Three Comments related to potential Decrease in Property Values. A. Not aware of any studies related to impact on property values adjacent to electric substations. Studies that have been conducted on property values adjacent to electric transmission lines indicate a small, 5-10% decline in value that recovers to market value in about 5 years. Note: these studies were not conducted in Arizona and are not equivalent to this Project. C. Two comments related to Health Concerns. A. Attendees were provided the EMF handout and it was discussed that the EMF level of a 138-kV substation is low -frequency and that there are no confirmed health risks caused by exposure to low-level EMFs. In addition, EMFs weaken significantly as they extend away from the source. Furthermore, TEP offered to conduct EMF testing at the property line and within the home prior to and after construction to provide peace of mind to adjacent landowners. The landowner can request this in the event the Project is approved. C. One comment asking Where Town Staff Was. A. In our experience jurisdictional staff do not attend neighborhood meetings as they prefer to remain neutral in their review of the merits of the application. However, they do receive a meeting summary and take the comments into account in making their recommendations to the Planning Commission. C. Will TEP condemn the parcel if the landowner were to pull out of the contract? A. No, TEP does not make a practice of condemning private property for substations. C. Concern over the lack of notice and public involvement in the siting of the AEPCO/TEP Saguaro to Marana Transmission Line. Asked how to get the Transmission Line Project overturned. 3 Marana Town Council Regular Meeting Agenda Packet Page 333 of 561 May 21, 2024 TOP Tucson Electric Power A. Explained that AEPCO was responsible for siting the line and TEP, while having a circuit on the line, did not engage in the process. Agreed that AEPCO could have done a better job. Explained TEP's engagement process for transmission line siting and ensured that they would be noticed if within 1 mile of the study area. Advised that the AEPCO/TEP Saguaro to Marana Transmission Line was approved by the Arizona Corporation Commission and that they would need to contact them with any complaints. C. Concern over the location of the future transmission line, depicted as a dashed blue line on the siting map. A. Advised that the dashed blue line was conceptual and that alternatives would be considered and that the final route is determined by the Arizona Corporation Commission Line Siting Committee in a public process. 3.2 Phone Calls Two phone calls were received by TEP and are provided in Attachment G. C. Caller voiced concern over TEP not notifying the entire neighborhood, only those within 300 feet. Caller voiced opposition to Project. A. In response to callers concern, TEP mailed meeting notices to the remainder of the neighborhood the following day. Caller was informed that the April 4 neighborhood meeting was to inform neighbors of the project and answer any questions. Caller was also told that there would be two additional opportunities to state her opposition to the project before the Planning Commission, and the Marana Town Council. C. Caller did not provide their name or address, but mentioned their home is nearest to the substation. Caller wanted to know if she needed to attend then neighborhood meeting because she had already attended a meeting to relay her concerns. It was inferred that the meeting she was speaking of was the Town Council Meeting in January in which there were several neighbors who spoke at call to the audience. Caller was informed that the neighborhood open house meeting would be an opportunity to learn more about the proposed project, the rezoning process and timeline, as well as upcoming opportunities to have their voice heard at the Planning Commission Public Hearing and the Town Council Public Hearing. She said that she would be letting all of her neighbors know that they need to attend. 3.3 Verbal Comments at Neighborhood Meeting Following the neighborhood meeting, TEP and consultants held a debrief meeting and documented the following verbal concerns. Verbal concerns mirrored written concerns regarding 4 Marana Town Council Regular Meeting Agenda Packet Page 334 of 561 May 21, 2024 TOP Tucson Electric Power Noise, Health (EMF), Property Values, and the AEPCO/TEP Transmission Line Project. Responses provided verbally also mirror those provided above in Section 3.1. These additional concerns were related verbally: C. Why is the substation proposed in this location, why not anywhere else? Including why in Trico's Service Territory? A. In short, it was explained that TEP identified the need for the substation in 2020 and that they identified and evaluated 10 sites in the area. It was explained that the sites must meet specific technical criteria and the landowner must be a willing seller because TEP does not condemn property for the construction of substations. The Grier Substation parcel meets the technical criteria, and the landowner is willing to sell. Attendees were advised that the application is available on the Project website and provides siting information in greater detail. In addition, attendees were told that TEP operates and maintains generation and transmission facilities throughout Arizona and into New Mexico to bring safe, reliable power to customers in its service area. C. What is the Process? What is the Planning Commission, Who votes? Who Approves. A. The review and approval process was outlined. It was explained that the Planning Commission is an advisory body appointed by the Marana Town Council which makes recommendations to the Council on matters relating to zoning and land development, including applications such as TEP's. It was explained that approval comes from the Town Council. C. Concern over the height of equipment. A. Height of equipment is correlated to safety. TEP workers must be able to operate and maintain the substation safely. C. Concern from neighboring landowner that his bees will sting employees and he doesn't want to be sued. A. Advised that TEP would be informed and they would likely set up a system to alert employees and contractors when scheduled to work at the substation. Offered that maybe the landowner could provide a list of flowering shrubs and forbs that may benefit the bees and could be provided to TEP. 61, Marana Town Council Regular Meeting Agenda Packet Page 335 of 561 May 21, 2024 TE& Tucson Electric Power C. Concern over lightning strikes. A. Lightning in the area would be attracted to the static masts at the substation. When lightning hits the static masts, it is sent to ground and grounded in the grounding grid. This is a benefit, as lightning is unlikely to strike anywhere else in the area and can be safely grounded. This grounding prevents other components of the substation from being struck by lightning. Marana Town Council Regular Meeting Agenda Packet Page 336 of 561 May 21, 2024 TEP Tucson Electric Power ATTACHMENT A Marana Town Council Regular Meeting Agenda Packet Page 337 of 561 May 21, 2024 TEP Tucson Electric Power P.O. Box 711, OH 131 Tucson, AZ 85714 April 5, 2024 Subject: Invitation to Neighborhood Open House for Proposed Grier Substation Dear Neighbor, Tucson Electric Power (TEP) is proposing to build a new 138-kilovolt (kV) substation to strengthen service reliability for customers and increase capacity to support current and future development in the Town of Marana. The new Grier Substation would be located north of Grier Road, approximately one-half mile west of Wentz Road. TEP submitted a Rezone and Minor General Plan Amendment application package to the Town of Marana on February 22, 2024. As a property owner within 300 feet of the proposed substation property boundary or other interested party, we invite you to attend an upcoming in -person neighborhood open house meeting to learn more about the project. We will address the proposed rezoning of Pima County Assessor Parcel No. (APN) 217-23-0310 from Small Lot Zone (Zone A) to Neighborhood Commercial (NC) and a minor amendment to the Make Marana 2040 General Plan (General Plan), which will support construction, maintenance, and operation of the proposed substation. Grier Substation Neighborhood Open House Meeting Thursday, April 4, 2024 6-7:30 p.m. Marana Town Center Conference Room 11555 W Civic Center Dr Marana, AZ 85653 For those planning to attend the April 4t" Open House, follow directional signage from the North parking lot to the second -floor conference center. If you would like to discuss specific areas of concern or if you prefer to provide comments outside of the meeting, please feel free to share them with me using the contact information below. Your comments will be shared with the Town of Marana's Development Services Department. A public hearing before the Planning Commission regarding the requested Rezone and Minor General Plan Amendment is expected to occur on April 24, 2024. Thank you for your consideration. We look forward to your input. Chris Ortiz y Pino Environmental Land Use Planner (520) 633-8693 christopher.ortizypino tep.com Marana Town Council Regular Meeting Agenda Packet Page 338 of 561 May 21, 2024 Tk? Tucson Electric Power How will the Grier Substation benefit customers? • Improves reliability and resiliency of the local energy grid in the Town of Marana • Reduces the frequency and duration of unplanned outages • Increases capacity of the local electric system to support anticipated future energy needs of customers and growth in the area • Enhances voltage control, which helps to prevent damage to customers' appliances and electrical equipment. Why is the Grier Substation needed? • The need for a substation in this area was identified in TEP's 10-year Transmission Plan, filed with the Arizona Corporation Commission (ACC). • The new substation will provide contingency support to existing circuits and allow for greater flexibility in response to outages. • The Grier Substation will accommodate existing needs and future growth, improving system reliability while allowing for the retirement of aging, lower -voltage equipment. Substation Location �aya� W PRICE LN W SAGEBRUSH RD , Jam. •' 1 - I� J W STINGRAY DR k V J Z i th W VALLES LN - W MARANA RD • 4 ` r o W LINDA LN I z PL Subject Parcel 3 z I W 1MOGENE W BERRY ST . aW 1UDYP L CY` a O z z W DRIER RD .44ft w% ' W NICMO <^PAP ��.s.. C4• W B�SOR FARti OR W GINI LN M OR .. $.' � • .. ., W BARNETT RD � .. - FERN N�� W Ci`ARK FARH $L N Legend A 0 0.25 0.5 1 Miles TEP I I I I I I I I ® Subject Parcel APN: 217-23-0310 Tucson Electric Power Marana Town Council Regular Meeting Agenda Packet Page 339 of 561 May 21, 2024 Zone A Tucson Electric Power Mailing Label For More Information: www.tep.com/grier-substation Marana Town Council Regular Meeting Agenda Packet Page 341 of 561 May 21, 2024 TEP Tucson Electric Power ATTACHMENT B Marana Town Council Regular Meeting Agenda Packet Page 342 of 561 May 21, 2024 OWNER NAME SITE ADDRESS ATTN: COUNCILMEMBER HERB KAI Marana Municipal Complex ATTN: COUNCILMEMBER JACKIE CRAIG Marana Municipal Complex ATTN: COUNCILMEMBER JOHN OFFICER Marana Municipal Complex ATTN: COUNCILMEMBER PATTI COMERFORD Marana Municipal Complex ATTN: COUNCILMEMBER ROXANNE ZIEGLER Marana Municipal Complex ATTN: David Udall, Town Clerk Marana Municipal Complex ATTN: MAYOR ED HONEA Marana Municipal Complex ATTN: Scott Radden, Senior Planner Marana Municipal Complex ATTN: Terry Roze ma, Town Manager Marana Municipal Complex ATTN: VICE MAYOR JON POST Marana Municipal Complex ALLEN SHANE & ANDREA CP/RS 13920 W Grier Rd, Marana AZ, 85653-0410 B K W FARMS INC PO BOX 638 Marana, AZ 85653-0638 BRIDLE BIT RANCH LLC 126SS N Sanders Rd, Marana AZ, 85653-9763 Del Post 201 W. Main St., STE 101, Missoula, MT 59802 ERNST RICK JAMES 13700 N J A N E AV, Marana AZ, 85653-%56 GONZALEZ EDMOND E SR 13970 W Grier Rd., Marana AZ, 85653 MARTINEZJULIO & MARY G 1509 W Niagara St, Tucson AZ, 85745-3129 MC CREA ROBERT P & TERRY L LIVING TR 13950 W Grier Rd. Unit 2, Marana AZ, 85653-7777 MC ELHANNON STEVEN D & SANDRA LEEJT/RS 13742 N J A N E AV, Marana AZ, 85653 MENDEZ TERI MARIA & SABORI KAREN LYNN JT/RS 23723 19TH Dr. SE, Bothell WA, 98021-9592 MENDOZAJESUS IVAN 14001 W Judy PI, Marana AZ, 85653-8962 PAYNE CHRISTOPHER GARY 13748 N J A N E AV, Marana AZ, 85653-9656 PETERS GERALD D & SHARON K JT/RS 13612 N J A N E AV, Marana AZ, 85653-9656 POSTJON K 15201 W Hardin Rd, Marana AZ, 85653-0410 PROBST WILLIAM S & LISA L CP/RS 13720 N JANE AV, Marana AZ, 85653-9656 STOKES JIMMY D 12620 N Steele Dr, Marana AZ, 85653-9737 THORNTON B ELAINE 13672 N J A N E AV, Marana AZ, 85653-9656 U & M LLC PO BOX 5S06Tucson AZ, 85703-0506 VEGA VALENTIN JR 14010 W Judy PI, Marana AZ, 85653-8692 17-3-1 C.1 - The applicant shall mail written notice of the application to all owners of property located within 300 feet of the subject property and to any other persons reasonably determined by the planning manager to be potentially affected citizens. All distances shall be measured from the property lines of the subject property. 17-3-1 C.1b - The applicant shall mail the written notice by first class mail at least 15 days prior to the neighborhood meeting. 17-3-1 C.2 - The applicant shall hold the neighborhood meeting, noticed as provided in subparagraph 1, a minimum of 15 days prior to the planning commission public hearing. Marana Town Counci�R eg�i o)408q r W��r��i�i�d despite falling outside o 0 4no�ice�requirement Y21, h"j TEP Tucson Electric Power ATTACHMENT C Marana Town Council Regular Meeting Agenda Packet Page 344 of 561 May 21, 2024 Mail Written Notice Within 300 feet • Min. 15 days Prior to Meeting Hearing Notice Posted on Property Min. 15 days Prior to Hearing Hearing Notice Posted on Property Min. 15 days Prior to Hearing I Prepare& Subm*lt Application I Citizen Review Process Planning Commission Public Hearing On or After April 24,2024 �\ I Town Council Public Hearing ~� On or After May 21, 2024 Public Input Public Input NOTE: Rezone and General Plan Amendment Requests are Reviewed by Town of Marana Concurrently Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 345 of 561 Thermal Generation • Natural Gas • Coal Community Scale Solar Wind Resources l' Substation Steps up voltage for transmission High Voltage Transmission Lines (500 kV / 345 kV / 230 kV 138 kV) Industrial Customers Residential Customers • Substation Steps down voltage Distribution Substation Dmmercial and RQ 14t Industrial Customers o Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 346 of 561 TEP Tucson Electric Power Land Resources Grier Substation Conceptual Site Plan 4 Conceptual Vegetation 12' Masonry Wall Irrigation Channel Parcels Drainage Feature Retention Basin 0 20' Driveway 20' Security Road Landscape Buffers 11 45' Future Road Right - "A of -Way Dedication Conceptual Underground Distribution Line Conceptual 0 25 50 Transmission Line 1 Inch = 50 Feet Approved Transmission Line ® PME New Pull Box Switchgear Somas: Esn, UNS, TEP, and Pima county GIS. Proleotian. NAO Im UTM Zone 12N BasemaP• PAG 2021 fills map us Inr panning purposes only only TEP and I IN5 Energy make no wananty of Its eaa y Marana Town Council Regular Meeting Agenda Packet Page 347 of 561 May 21, 2024 Grier .- glqr'07�'' A 1 Nwdi Substation I W-11 � I 51--foy-11:2 =1 --III a a =1 M&N V A =1 ill I KIEF r)TC)!q 0 %J V KA tit, w•,.� � txti �y� •t'- k. -. ja.� !t _ . `s t ;':r, . /. � �-. _ 1•:r� ,r • — ' yh..�� t i ` � - A ;'77 47. Az W ............... A 'U'." yam . -r! AL--. 4i Q. W. I .34 — N tv, ww;;" 0i. H Frames (-501 - 60' HT) Drop In Structures, (-75' HT IN A. 14 O'NKO' ��p� XFMR H Frames (-25' - 40' H. ML 0 �* 11 M I w - i I In to I 11011 12Decorative Wall Allk� with Signage 1.11, All. 40 4 7.1 -At 20' Maintenance Access ................... 40 —49 41L i 40 VA N -Min 15' LandscapeBu ' 40 • 77- - 1 °. �, 1 - � �/ - I. :^-� �� '� r � � fi ��C � -_ -_ - - '4t� r �ra 71. 7f--- I T F ZSA: al - Q INEW 1� I X 0 Grier - 84 138-kV Static Mast (-751 HT) 12' Decorative Wall t h Shmaize. Min'15' Lands 'ape Ru . . . . . . . . . . . . AL- V Aw Substation I W-11 � I 51--foy-11 :j =1 --III a a =1 M&N V A =1 ill I KIEF r)TC)!q i AL 0 MIR 4 ill M . . . . . . . . ... 4�t Pm 7t Drop In Structures (-75' HT) H Frames (-50' - 60' HT) F ws.,o MU-Siwi,)" �,;Z g;j - IVV" ORK0, 0 ROM THE 80 COKING NOR I 01 RMA 0 1 a Mw 0 Grier 138-kV rb I Substation LANDSCAPE BUFFER / SCREEN KIF=F DTD S • i AL NOW NMI _ _ - - - •.,r r ^-.J fK_: - _'.. - - W } Y7�'/` !'tW�y, r?iat•� r • 1d�•r -- \� i� . �K' � ^ - - - �'r . 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ICii•�.._�:�'��;� _ _. - .- .._ ti 5' HT1&'---\ Static Mast (-75' HT) tv� ?•cry.. -'wti �� '� � ��- � / ilvJ t •r r1 y r ' ,� ��:'¢Yr r'��r ! �'1• r Kom a Wall �� ` ` y r � FP , , ,: a �� '' kth` � i na a Min 10 Landscape" � V_Wiv QQ ,�bbrl ;1 _ � - s *;':�" '� _ ♦ a1,��`.-, as � ''��': r•�let �N< ! / " ,,,^Z/Y y�.+} 't[•(c,_�ri'� 1 p �,,a�� •a ,a r .RK. H Frames (-50' -, o,Is �jy - it •t +n .Y��1i\>'"i�" �� or%• r - k` r , :c t,ructuresl (-�-75' i r (�� -.� � y R\1.:`. .•ram L�y,a •..'i t3 ,� ♦ J r J� y Ywl. Hl y 'V ! I r: 1� +F ;r )tz W Ask e 1 z t , L s `.a r: C: • �G�• `� - -!.. '� • Sae 1 +.Y\ �irF-. Q AL .fw �n2�,,; ,+, �7t ,c-fir �� / 0.��•�•'r' '�fj '� :. ��' 6F _ ---. ., y �.. �~%1A - "t : t `.' -t: ' fF�, ... . - _`; ;. : `�, - K '2Y'T• .'riS"+.Y s't..,i`.-'- y.r 2-.-, a:�;3fi-:"i,}tn,["+... } ,r: - D ' +.'.-� . �'.. - r r .,t .�f„�t"� `'a. � �•. _ 6. _ '.>:s'.sr' ,.-a.`41aKta .y.- - . S. "r -. T - .--t:� sr;,•-re..a .,-"e." - .- - -- '--, .:.v-:.� ...... .. .. .... ... �. w - � - - - _ .` .. �- _ YEN : ' yr. W ,.. y,.. � ._. �'►.2 ., i-,•` ..fu- _ - .J+ r j''•� ... " I ;. :ice _ _ ca -. .. _ r _ :Y .J ,r ...,� .... , .,.ter. •uls�..: •.I. �ry -,.. ".. _,. _.... _ .. _...: ., _ :....- f tom'... ,4 A !•^ ! .( • $ _ 't • ' b ROM THE 50 COKING NOR p May 21, 2024 TEP Tucson Electric Power ATTACHMENT D Zo Marana Town Council Regular Meeting Agenda Packet Page 352 of 561 May 21, 2024 Substation Safety Standards Tucson Electric Power complies with National Electric Safety Code (NESC) under guidelines set forth by the Institute of Electrical and Electronic Engineers (IEEE), the "world's largest technical professional society designed to serve professionals involved in electrical, electronic, and computing fields and related areas of science and technology that underlie modern civilization'." The NESC is the American National Standard for the safety of electric power supply and communication utility systems installed and maintained by public or private utilities. The code applies to generation, transmission, and distribution of electric energy and communication signals. The Arizona Corporation Commission (ACC), who regulates the state's utilities, last adopted the 2007 NESC as the safety standard for the provision of electric service in Arizonan. TEP, in its Rules and Regulations is required to comply, construct, and provide service in accordance with the provisions of these standards. Noise Town of Marana (TOM) regulates construction noise through the Town Code, Chapter 11-5-4, which states that it is unlawful to have construction noise between the hours of 7:00 p.m. and 6:00 a.m. on weekdays, between the hours of 7:00 p.m. and 7:00 a.m. on Saturdays, and between the hours of 7:00 p.m. and 9:00 a.m. on Sundays on any construction site located within 500 feet of any residential zone district. TOM does not have noise standards for commercial and industrial uses (Chapter 17-8), however TEP would meet the noise requirements of TOM Code Chapter 11-5-3 for the resort and recreation zone, which limits any amplified noise that causes the noise level when measured at the property line to exceed the noise standards found in Table 1. TABLE 1 Maximum noise levels measured at property line 7:00 a.m. to 10:30 p.m. —Not to exceed 55dBA 10:30 p.m. to 7:00 a.m.—Not to exceed 50clBA The primary noise emitting equipment within a substation is the transformer which converts alternating current from one voltage to another. Based on sound data provided by Delta Star, the manufacturer of TEP's 138 kV transformers, the noise reading 3 feet from the transformer is 72 decibels (dBA). Using standard "doubling of the distance" methodol- ogy, noise emitted by the transformer will be below the 50 dBA limit at 48 feet from the transformer and at 36 dBA 192 feet from the transformer, well below the TOM noise standards. See Figure 1 on back for a diagram that demonstrates the "doubling of the distancei3 methodology. '"History of IEEE." IEEE, www.ieee.org/about/ieee-history.html, 29 Apr. 2020. 2A.A.C. R14-2-208 Provision of Service 3The sound pressure level (SPL) decreases with doubling of the distance by (—)6 DBA. The sound pressure falls 1/2 times (50%) of the sound pressure of the initial value. It drops with the ratio 1/r of the distance. The sound intensity level decreases with doubling of the distance by (—)6 DBA. https://esi-engineering.com/resources/blog/seven-ways-reduce-noise/ Marana Town Council Regular Meeting Agenda Packet Page 353 of 561 May 21, 2024 o E v �a p N GJ O VI N L a v 3 C N � tJ Marana Town Council Regular Meeting Agenda Packet Page 354 of 561 May 21, 2024 Electric and Magnetic Fields Electric and magnetic fields (EMFs) are part of our everyday environment. They are emitted by power lines and other electrically powered systems that light, cool and heat our homes, provide our communications and entertainmen and support other aspects of our modern lifestyle. EMFs also are produced naturally by th Earth. research by the World Health Organization, the National Research Council, the National Institute of Environmental Health Sciences, the National Cancer Institute and other oraanizations, there t are no confirmed hea to low-level EMFs. For more than 30 years, scientists and researchers from universities, national laboratories, health agencies, the World Health Organization and other groups have conducted research activities into possible health effects of EMFs. According to J Ith risks caused by exposure EMFs weaken significantly as they extend away from the source. TEP designs and builds its equipment to meet or exceed national building and safety standards. Median magnetic field strength, measured in milliGauss (mG), for common household items and overhead power lines is shown in the chart below. r r— �__A Typical Magnetic Field Levels at Various Distances Measured in milliGauss (mG) A 0 inches 6 inches 1 foot 2 feet 3 feet 33 feet 66 feet away* away away away away away away Electric Blanket 22 mG Vacuum Cleaner 300 mG 60 mG 10 mG 1 mG Electric Oven 9 mG 4 mG �MHair Dryer 300 mG 1 mG N N Microwave Oven 200 mG 4 mG 10 mG 2 mG a a � Refrigerator 2 mG 2 mG 1 mG Computer & Monitor 14 mG 5 mG 2 mG Washing Machine 20 mG 7 mG 1 mG 25 kV 10 mG 5 mG 2 mG 69kV 18mG 6mG 3mG 138 kV 33 mG 22 mG 11 mG 230 kV 38 mG 28 mG 15 mG 500 kV 81 mG 72 mG 51 mG * Measurements taken directly beneath power lines, typically at about three feet above the ground. A milliGauss is one thousandth of a Gauss, a unit of measurement of magnetic flux density. Source (appliances): National Institute of Environmental Health Sciences Source (power lines): BC Hydro 98 feet 131 feet away away 1 mG 1 mG 5 mG 3mG 8mG 5mG 33 mG 21 mG Learn more at tep.co m/etect ricma nd = magnetic= fietds Marana Town Council Regular Meeting Agenda Packet Page 355 of 561 May 21, 2024 TEP Tucson Electric Power ATTACHMENT E 11 Marana Town Council Regular Meeting Agenda Packet Page 356 of 561 May 21, 2024 Date: April 4, 2024 Time: 6:00pm Meeting Location: Marana Municipal Complex, 11555 W. Civic Center Dr. Time In Name Address Email Phone o :1 Z IV 2 �20 63 2 . G1e" Ie .-d ( 3C]-2-7 z �'J �� s2� (o(Lz "GJ l�lLcJvI �, ��— J'" (� Le,� �,. ,.L� ��• u' qIe > '� Q r 1 <�� 3 ' o Cal RK �-9DA-Qk Pc YME Is ��9 A) -, /,1t�i: AUK Lo nat ck Marana Town Council Regular Meetinci Acilda Packet Page 357 of 561 Z3L) rnr May 21, 2024 TEP Tucson Electric Power ATTACHMENT F 12 Marana Town Council Regular Meeting Agenda Packet Page 358 of 561 May 21, 2024 Comments Name: Nombre Address: Direction Public Comment Form Formulario de comentario publico ted will become part.,of the project record. / Comentarics seran parte de los archivos del proyecto. x[li•-lL L- )e City/State/ZIP code: Ciudad/Estado/Codiyo Postal Email: Correo Electronico Phone: Numero de telefono My comment is: Mi comentario es: THANK YOU FOR YOUR PARTICIPATION! iGracias por su participation! El • i Marana Town Council Regull May 21, 0.M ep.conn/grier-subsf8,tjge-i359 of 561 Public Comment Form Formulario de comentario publico Comments submitted will become part of the project record. / Co inentarios seran parte de los archivos del proyecto. Name: �� I'ldt� G' �c�UC� <�V1�aV1C vf Nombre Address: :�>R *-'--.) Z -Q ke Direccion e/ZIP code: stado/Codic J`3 Email: Lcr-) yyyLL`, �DVYA Correo Electronico 14 �j Phone: .7- Numero de telefono My comment is: Mi comentario es: ,CLtt 0-� bv ■ .l �l t ! ilI �l I .. _ /E -MlllAME IImanLA 1.1 _ . � �► � �r � 1�I i � .I -�..IZTAW 10,a1 a ■ i ' ■1 ��1MWAS E W _ r i THANK YOU FOR YOUR PARTICIPATION! iGracias porsu participaci6n! Marana Town Council Regu May 21, a 04 com/grier-substiabigm360 of 561 L �t Public Comment Form Formulario de comentario pdblico Comments submitted will become part of the project record. / Comentarios seran parte de los archivos del proyecto. Name: Nombre _ U Address: N C) Direccion Cit /State/ZIP code: 7- CiudadlEstadoIC6digo Posta Email: kA�A& Correo Electronico ,. r _ Ndmero de telefono `-J My comment is: ` \ Mi comentario es:_ � V 1 r- 1 % ) . , -- - r ,i I-e � n ••� I THANK YOU FOR YOUR PARTICIPATION! / l iGracias por su participacion! '�' ••• ay.• a .'.9 Marana Town Council RegulLM(kipjlo—e'nVockettep.com/grier-subsfM*861 of 561 May 21, 2024 ?A Public Comment Form Formulario de comentario pbblico Comments submitted wilt become part of the project/record. / Coinentarios seran parte de los archivos del proyecto. Name:O Nombre Address: Direccion City/State/ZIP code: Ciudad/Estado/Codigo Postal �I orreo Electronico Phone: ,y eZb — 6 O T- 1 a. 3 b Numero de telefono My comment is: Mi comentario es: THANK YOU FOR YOUR PARTICIPATION! iGracias por su participacion! -Z Marana Town Council Regul. May 21, a i R1 corn/grier-subsR#gei362 of 561 Public Comment Form Formulario de comentario p6blico Comments submitted will beec/orne part of the project record. / Comentarios seran parte de los archivos de! proyecto. Name: f�t i��-�� Nombre Address: C j- �I��i� AV E— Direccion City/State/ZIP code: A Ciudad/Estado/Codigo Postal f Email: CCU p Lv LvA-01 `C UAAt40AA Correo Electronico Phone: -5- (o -- 900 — obg3 Numero de telefono My comment is: Mi comentario es:y" 7 60,C4�AAI R P,D PC--K7—Y V%-LU � . QUA— FKO A5F-r° TY lf,4�L U2—� 01L�_ (,C) L�t� Hsu m4 b Dr}Z PiLz y $4VE—, Sz-a--W i/I6U f,I-IT--,� -Au,e-7"D -/7-ttt- svi�s� 0�1 THANK YOU FOR YOUR PARTICIPATION! iGracias por su participacion! Elll Marana Town Council Regulm May 21, 2024 o ep.comlgrier-subsF&ig"63 of 561 Public Comment Form Formulario de comentario publico Comments submitted will become part of the project record. / Comentarics seran parte de los archivos del proyecto. J Name: (2n(! L22af 6AI1U' Nombre Address: Direcci6n City/State/ZIP code: )q cwxc, - Ciudad/Estado/C6digo Postal v Phone: ,5a 6 - 6 9a-- '-I 143 Numero de telefono My comment is: Mi comentario es: R��L��Z�I�WN� WMMW,a91LYN Ml��i.7�� THANK YOU FOR YOUR PARTICIPATION! iGracias por su participaci6n! ❑� Marana Town Council Regull May 21, HE corn/grier-subsed*664 of 561 TEP Tucson Electric Power ATTACHMENT G 13 Marana Town Council Regular Meeting Agenda Packet Page 365 of 561 May 21, 2024 From: Ortiz Y Pino, Christopher To: Renee Darling; Gerald Berthelette Cc: Pugh. Brian Subject: Grier substation- Public Comment Record of Conversation Date: Friday, March 22, 2024 9:44:22 AM Attachments: image001.rng Linda Shepard 13932 N. Jane Ave (520) 612-7833 9:00 am on Friday 3/22/2024 Mrs. Shepard called to say how upset she was regarding the lack of notice of the neighborhood meeting for the proposed Grier Substation. She said that her home was exactly 334' from the property and thought it was in really poor taste for TEP to not consider notifying the whole adjacent neighborhood as they would all be affected by the substation, not just those within 300' of the property. Mrs. Shepard is very upset at the prospect of living near a substation and clearly articulated her opposition to the project. I informed Mrs. Shepard that the April 4 neighborhood meeting is designed to inform neighbors of the project and answer any questions. I told her that there would be two additional opportunities to state her opposition to the project before the Planning and Zoning Commission, and the Marana Town Council. Chris Ortiz y Pino Environmental & Land Use Planner Tucson Electric Power 520-633-8693 POW CRING SUSTAINABILIT)F' CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Marana Town Council Regular Meeting Agenda Packet Page 366 of 561 May 21, 2024 From: Ortiz Y Pino, Christopher To: Gerald Berthelette; Renee Darling Cc: Pugh. Brian Subject: Grier Substation Summary of Conversation Date: Thursday, April 4, 2024 10:47:03 AM Attachments: image001.pnng Missed phone call received at 11:37am on April 3, 2024 from 520-345-9323 Call back at 12:38am Caller did not provide their name or address, but mentioned their home is nearest to the substation. The woman I spoke with on the phone wanted to know if she needed to attend then neighborhood meeting because she had already attended a meeting to relay her concerns. I inferred that the meeting she was speaking to was the Town Council Meeting in January in which there were several neighbors who spoke at call to the audience. I let her know that the neighborhood open house meeting TEP would be discussing the proposed project, the rezoning process and timeline, as well upcoming opportunities to have their voice heard at the Planning Commission Public Hearing and the Town Council hearing. She said that she would be letting all of her neighbors know that they need to attend. Chris Ortiz y Pino Environmental & Land Use Planner Tucson Electric Power 520-633-8693 POWNRING (a SVSTAINABILITIF' CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Marana Town Council Regular Meeting Agenda Packet Page 367 of 561 May 21, 2024 C70WNWEST LAND GROUP 333 East Wetmore Road, Suite 250 Tucson, AZ 85705 520-888-3962 502-888-3198 fax IN SUPPORT OF IMPROVING THE TOWN OF MARANA'S ELECTRIC INFRASTRUCTURE May 10, 2024 Town of Marana Attn: Mayor & Council, Town Manager, Development Services Dept. Marana Municipal Complex 11555 W. Civic Center Drive Marana, AZ 85653 Subject: Tucson Electric Power Grier Substation Project Greetings: www.crownwest.com Crown West Land Group supports the benefits the proposed Tucson Electric Power Company (TEP) Grier 138 Kilovolt Substation, to be located at 13860 W. Grier Road, will bring to the Town. We have worked closely with TEP throughout the development of our Gladden Farms community and recognize that the new substation is needed to support reliable electric service for current, planned, and future development in the Town and surrounding areas. We believe the need to develop the Project is clear, as it will ensure the long-term viability and adaptability of the electrical grid. It is our understanding that the project will provide enhanced voltage control, grid efficiency, and help to maintain stable voltage levels throughout the system. The Grier Substation project will strengthen electric reliability for customers, meet future energy needs, and expand power capacity in the area to help drive economic development. We also believe that the Project's selected site is appropriate for this use, and that with the proposed setbacks and buffering, the facility will prove to be a benefit to the entire region. We strongly support the approval of TEP's Minor General Plan Amendment and Rezone request. Sincerely, Dean Wingert, Vice President Crown West Land Group Marana Town Council Regular Meeting Agenda Packet Page 368 of 561 May 21, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting Meeting Date: 05/21/2024 To: Mayor and Council From: Yiannis Kalaitzidis, Finance Director Date: May 21, 2024 Strategic Plan Focus Area: Thriving Commerce, Vibrant Community, Cherished Heritage, Proactive Public Services, Recreation, Healthy Lifestyles, Progress & Innovation WX Subject: Ordinance No. 2024.013: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule; and designating an effective date (Yiannis Kalaitzidis) Resolution No. 2024-050: Relating to Finance; declaring as a public record filed with the Town Clerk the amendments to the Town of Marana Comprehensive Fee Schedule adopted by Ordinance No. 2024.013 (Yiannis Kalaitzidis) Discussion: The Town created a town -wide, Comprehensive Fee Schedule (Schedule) and standardized fees across all departments. At the time of that ordinance's adoption, it was determined that an annual review of the Schedule should occur to ensure that the Town was continuing to cover its costs, where appropriate, and that it was charging fair and equitable fees to its customers. Staff conducted this year's review of the Schedule with the following goals in mind: • Ensure that fees reflect the actual cost of providing programs and services to customers, where appropriate. • Identify opportunities to streamline, consolidate and modernize the application and use our fees to encourage/facilitate development. • Eliminate errors, inconsistencies and unused items within the existing comprehensive fee schedule. Staff presented the proposed changes to Council at the March 5, 2024 meeting. Notification letters of possible fee schedule changes were sent to the Marana Town Council Regular Meeting Agenda Packet Page 369 of 561 May 21, 2024 Southern Arizona Home Builders Association (SAHBA) and the Metropolitan Pima Alliance (MPA) to provide them the opportunity to review the proposed changes to the Schedule and clarify any issues or areas of concern. We did not receive any comments. Pursuant to A.R.S. Section 9-499.15, the Town did post notice of possible changes to the Schedule, as required. This statute requires that the Town provide notice on its website of any new or increased fees for businesses at least 60 days before the meeting is scheduled to consider approving the new fees and/or fee increases. Additionally, the Town published a notice of intent to establish or increase taxes, assessments, or fees including assessments on its website at least 15 days before the meeting is scheduled to consider approving the new fees and/or fee increases. If approved, the Schedule, including specific amendments will be effective on July 1, 2024. Financial Impact: The proposed approval of the amendments to the Town Comprehensive Fee Schedule will not have a material impact on revenues. Staff Recommendation: Staff recommends adoption of the amendments to the Comprehensive Fee Schedule. Suggested Motion: I move to adopt Ordinance No. 2024.013, adopting the amendments to the Town of Marana Comprehensive Fee Schedule and designating an effective date and Resolution No. 2024-050, declaring the amendments a public record. Ordinance No. 2024.013 Resolution No. 2024-050 Exhibit A to Resolution Summary of Changes Attachments Marana Town Council Regular Meeting Agenda Packet Page 370 of 561 May 21, 2024 MARANA ORDINANCE NO.2024.013 RELATING TO FINANCE; AMENDING THE TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9-240(A) to control the finances of the town; and WHEREAS the Town Council, via Ordinance No. 2021.008, adopted an amended comprehensive fee schedule on May 18, 2021, which was made a public record by and attached as Exhibit A to Resolution No. 2021-071; and WHEREAS from time to time the Town Council has adopted amendments to the comprehensive fee schedule, most recently on September 19, 2023, via Ordinance 2023.028; and WHEREAS amending the comprehensive fee schedule as set forth in this ordinance is in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The amendments to the Town of Marana Comprehensive Fee Schedule, one paper copy and one electronic copy of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to Resolution No. 2024-050 of the Town of Marana, Arizona, are hereby referred to, adopted, and made a part of this ordinance as if fully set out here. 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; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. 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 00088355.DOCX A Ordinance No. 2024.013 I Marana Town Council Regular Meeting Agenda Packet Page 371 of 561 May 21, 2024 court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. This ordinance shall become effective on July 1, 2024. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 21st day of May, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney 00088355.DOCX /1 Ordinance No. 2024.013 2 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 372 of 561 MARANA RESOLUTION NO.2024-050 RELATING TO FINANCE; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS TO THE TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE ADOPTED BY ORDINANCE NO. 2024.013 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments to Town of Marana Comprehensive Fee Schedule adopted by Marana Ordinance No. 2024.013, a copy of which is attached to and incorporated in this resolution as Exhibit A and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of May, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney 00088356.DOCX /1 Resolution No. 2024-050 Marana Town Council Regular Meeting Agenda Packet Page 373 of 561 May 21, 2024 EXHIBIT A TO MARANA RESOL UTION NO. 2024-050 Amendments to the Town of Marana Comprehensive Fee Schedule Pursuant to Marana Ordinance No. 2024.013 SECTION 1. The Town of Marana comprehensive fee schedule adopted via Ordinance No. 2021.008, and made a public record by Resolution No. 2021-071, as previously amended, is hereby amended (with deletions shown with st,.,ts and additions shown with double underlining) (only amendments to the fee schedule are shown; the remainder of the fee schedule is unchanged): Fee/Description Amount Unit of Measure Notes COMMUNITY SERVICES: PARKS, RECREATION & SPECIAL EVENTS - PROGRAMMING Parks & Recreation Activity Registration or Refund Administration Fee 10% of Refund Program Amount Per cancellation or refund All refunds, refund not due to the fault of unless theti mer ore E„hieGt to o 1 no% Ad;, Rs#a Fee, and ,,,,';no r, ref URdable Refund (GORveeniee RG requests must he a oiler! to morana parks@moranaAZ ^ ev. Fee is applied for all customer -requested cancellations. Fee is not applied for Town -initiated cancellations. Online processing (convenience) fees are non- refundable and are not included in calculating the amount of the Facility Cancellation Fee. Refund requests must be submitted in writing at least four days in advance of reservation date and can be emailed to marana.parks(2maranaaz.gov 00088271.DOCX /1 1 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 374 of 561 EXHIBIT A TO MARANA RESOL UTION NO. 2024-050 Amendments to the Town of Marana Comprehensive Fee Schedule Pursuant to Marana Ordinance No. 2024.013 COMMUNITY SERVICES: PARKS, RECREATION & SPECIAL EVENTS - PARK RENTALS Park Den+aI RUn.tle Special Event Park Package- Minor less $500.00 Per park/Per date Reservation of all designated -rentable park spaces, utilities, Event Application Fee, Beer & Wine Permit. (Additional fees liq 1eY ense may apply for public events). Event Aapplication can be submitted up to 6 months in advance. than 1000 attending Special Event Park Package- Maior 1500.00 Per park/Per date Reservation of designated rentable park spaces. utilities. Event Application Fee. Beer & Wine Permit. (Additional fees may apply for 1000 or more attending public events). Event application can be submitted up to 6 months in advance. Facility Cancellation Fee for: Park Facility Rental: Multi -Purpose, Baseball, Softball Field, Basketball Court, Tennis Court or Volleyball Court, available turf areas; Standard Ramada Rental; Event Ramada Rental; Park Dental Ru ; Youth Non -Profit Contract User Groups; Park Facility Rental; Multi -Purpose, Baseball, Softball Field, Basketball Court, Tennis Court or Volleyball Court (Premium Hour Fee) 10% of Refund Reservation Amount Per Reservation Cancelation An„ to res'e.watien he Gan,.elatiens a must in writing bye ail least throe submitted or at days before the •Jots. The FaGilifi, reservatiGR GanGelotien Gee to , will apply Gellotieno made loos than three days hefere the resonation .tote Fee is applied for all customer -requested cancellations. Fee is not applied for Town - initiated cancellations. Online processing (convenience) fees are non-refundable and are not included in calculating the amount of the Facility Cancellation Fee. Refund requests must be submitted in writing at least four days in advance of reservation date and can be emailed to marana.parksamaranaaz.gov. Does not apply to Park Rental Packa e. 00088271.DOCX /1 2 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 375 of 561 EXHIBIT A TO MARANA RESOL UTION NO. 2024-050 Amendments to the Town of Marana Comprehensive Fee Schedule Pursuant to Marana Ordinance No. 2024.013 COMMUNITY SERVICES: PARKS, RECREATION & SPECIAL EVENTS - EVENTS Special Event Permit — Minor less than $50.00 Per application Does not apply to events where park eXGl6lG,"o 1000 attending use Special Event Park Package fee is paid. Includes safety inspection, right of -way and traffic control review if applicable to the event. Special Event Permit — Major 1000 or $1000.00 Per application Does not apply to events where park eXGlusive more attending use Special Event Park Package fee is paid. Includes safety inspection, right of -way and traffic control review if applicable to the event. COMMUNITY SERVICES: POLICE & COURTS — POLICE DEPARTMENT Video Review/Redaction Fee $46.00 Per video hour reviewed Minutes reviewed in excess of video -hour reviewed shall be rounded down to the nearest hour. For victim requests, the fee shall be waived as required by A.R.S. 39-127. COMMUNITY SERVICES: POLICE & COURTS — COURT FEES Fmoo fnr Taking Default judgmen+ Fee for $65.00 Per judgment Per case Town Magistrate may waive fee based on processing a case default default defendant's financial report or in the interests of justice 00088271.DOCX /1 3 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 376 of 561 EXHIBIT A TO MARANA RESOL UTION NO. 2024-050 Amendments to the Town of Marana Comprehensive Fee Schedule Pursuant to Marana Ordinance No. 2024.013 DEVELOPMENT SERVICES: PLANNING - DEVELOPMENT Development Plan Package $5180 Base + $70 Per application O^o� Includes review of development per acre plan, landscape plan, and improvement plans, title, drainage, geotechnical, and traffic reports for up to 3 submittals. $930 for each additional submittal. Revision to accepted plans are charged 30% of the original fee. DEVELOPMENT SERVICES: ENGINEERING - DEVELOPMENT Drainage Report $650.00 Per application Includes up to 3 submittals. $150 for each additional submittal. Revisions to accepted submittals are $150 each submittal. Grading Plan Review $1300.00 Per application Includes up to 3 submittals. $390 for each additional submittal. Revisions to accepted plans are $390 each submittal ° fee. Construction Plan Review $1300.00 Per application Includes up to 3 submittals, $390 for each additional submittal. Revisions to accepted plans are $390 each submittal ° fee. 00088271.DOCX /1 4 Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 377 of 561 CATEGORY/CHANGE Fee/Description Amount Unit of Notes Reason for Change REQUESTED Measure DEPARTMENT: Development Services Modification Drainage Report $650.00 Per Includes up to 3 submittals, The quality of submittals has $150 for each additional application significantly decreased in the submittal. Revisions to last 2 years. A submittal accepted submittals are should be able to obtain $150 each submittal. approval within 3 reviews. We are adding a resubmittal fee to capture the additional cost of reviews that go beyond 3 reviews. Currently approx. 50% of the applications are going beyond 3 reviews Drainage Report $650.00 Per Includes up to 3 submittals, application $150 for each additional submittal. Revisions to accepted submittals are $150 each submittal. Modification Grading Plan Review $1300.00 Per Includes up to 3 submittals — The quality of submittals has $390 for each additional application significantly decreased in the submittal. Revisions to last 2 years. A submittal accepted plans are 390 should be able to obtain each submittal ref approval within 3 reviews. originalfee. We are adding a resubmittal fee to capture the additional cost of reviews that go beyond 3 reviews. Currently approx. 15% of the applications are going beyond 3 reviews Grading Plan Review $1300.00 Per Includes up to 3 submittals, application $390 for each additional submittal. Revisions to Marana Town Council Regular Meeting Agenda Packet Page 378 of 561 May 21, 2024 CATEGORY/CHANGE Fee/Description Amount Unit of Notes Reason for Change REQUESTED Measure accepted plans are $390 each submittal. Modification Construction Plan $1300.00 Per Includes up to 3 submittals, The quality of submittals has $390 for each additional Review application significantly decreased in the submittal. Revisions to last 2 years. A submittal accepted plans are 390 should be able to obtain each submittal 390% ef approval within 3 reviews. or,�i^'Tr,ai fee. We are adding a resubmittal fee to capture the additional cost of reviews that go beyond 3 reviews. Currently approx. 20% of the applications are going beyond 3 reviews Construction Plan $1300.00 Per Includes up to 3 submittals, Review application $390 for each additional submittal. Revisions to accepted plans are $390 each submittal. Modification Development Plan $5180 Per One tome Includes The quality of submittals has Package Base + application review of development plan, significantly decreased in the $70 per landscape plan, and last 2 years. A submittal acre improvement plans, title, should be able to obtain drainage, geotechnical, and approval within 3 reviews. traffic reports for up to 3 We are adding a resubmittal submittals, $930 for each fee to capture the additional additional submittal. Revision cost of reviews that go to accepted plans are beyond 3 reviews. Currently charged 30% of the original approx. 40% of the fee. applications are going beyond 3 reviews Marana Town Council Regular Meeting Agenda Packet Page 379 of 561 May 21, 2024 CATEGORY/CHANGE Fee/Description Amount Unit of Notes Reason for Change REQUESTED Measure Development Plan $5180 Per Includes review of Package Base + application development plan, $70 per landscape plan, and acre improvement plans, title, drainage, geotechnical, and traffic reports for up to 3 submittals, $930 for each additional submittal. Revision to accepted plans are charged 30% of the original fee. Modification Special Event Permit — $50.00 Per Includes safety inspection, Special Event Park Package Minor less than 1000 application right of -way and traffic verbiage provides attending control review if applicable to consistency with the naming the event. Does not apply to convention in the permit events where nark eXG'616,"o processing software. Aligns 4se Special Event Park with changes requested by Package fee is paid. Parks Special Event Permit — $50.00 Per Includes safety inspection, Minor less than 1000 application right of -way and traffic attending control review if applicable to the event. Does not apply to events where Special Event Park Package fee is paid. Modification Special Event Permit — $1000.00 Per Includes safety inspection, Special Event Park Package Major 1000 or more application right of -way and traffic verbiage provides attending control review if applicable to consistency with the naming the event. Does not apply to convention in the permit events where nark eXGIusive processing software. Aligns e_se Special Event Park with changes requested by Package fee is paid. Parks Special Event Permit — $1000.00 Per Includes safety inspection, Major 1000 or more application right of -way and traffic attending control review if applicable to the event. Does not apply to events where Special Event Park Package fee is paid. Marana Town Council Regular Meeting Agenda Packet Page 380 of 561 May 21, 2024 CATEGORY/CHANGE Fee/Description Amount Unit of Notes Reason for Change REQUESTED Measure DEPARTMENT: Parks Modification RArk Reptal R-Pillo $500.00 Per Reservation of a4 desianated Providing clarity on minor Special Event Park park/Per rentable park spaces, utilities, and major events for Park Package- Minor less date Event Application Fee, Beer & special event packages. than 1000 attending Wine Permit. (Additional fees Align verbiage with Town for liquor IiGense may apply for code regarding special public events). Event events. Aapplication can be submitted up to 6 months in advance. Special Event Park $500.00 Per Reservation of designated Package- Minor less park/Per rentable park spaces, utilities, than 1000 attending date Event Application Fee, Beer & Wine Permit. (Additional fees may apply for public events). Event application can be submitted up to 6 months in advance. Addition Special Event Park SL500.00 Per Reservation of designated Provides clarification on rentable park spaces, utilities, Package- Maior 1000 park/Per special event park package or more attending Event Application Fee. Beer & date fee for major events of Wine Permit. (Additional fees more than 1000 attending. may apply for public events). Verbiage will align with Event application can be Town code. submitted up to 6 months in advance. Special Event Park $1500.00 Per Reservation of designated Package- Major 1000 park/Per rentable park spaces, utilities, or more attending date Event Application Fee, Beer & Wine Permit. (Additional fees may apply for public events). Event application can be submitted up to 6 months in advance. Marana Town Council Regular Meeting Agenda Packet Page 381 of 561 May 21, 2024 CATEGORY/CHANGE Fee/Description Amount Unit of Notes Reason for Change REQUESTED Measure Modification Facility Cancellation 10% of Per An„ GaRG81atiORS to a Changes will make the fee Fee for: Refund Reservation reservatmen be ttcd language consistent with Fst Park Facility Rental: Reservation Cancelation in writing or by email at least our refund policy. Amount thYee days before the Multi -Purpose, Baseball, Softball Field, reservation date. TheFacility Basketball Court, Cancelafon Foe will apply to Tennis Court or cancellations mode less than Volleyball Court, three days before the available turf areas; reseFVatipn date Standard Ramada Fee is applied for all customer - requested cancellations. Fee Rental; Event Ramada is not applied for Town - Rental; Paul le; Youth Non- initiated cancellations. Online processing (convenience) fees Profit Contract User are non-refundable and are Groups; Park Facility not included in calculating the Rental; Multi -Purpose, amount of the Facility Baseball, Softball Field, Basketball Court, Cancellation Fee. Refund Tennis Court or requests must be submitted in writing at least four days in Volleyball Court advance of reservation date (Premium Hour Fee) and can be emailed to marana.parksamaranaaz.gov. Does not apply to Park Rental Package, Facility Cancellation 10% of Per Fee is applied for all customer - Fee for: Reservation Reservation requested cancellations. Fee Park Facility Rental: Amount Cancelation is not applied for Town - Multi -Purpose, initiated cancellations. Online Baseball, Softball Field, processing (convenience) fees Basketball Court, are non-refundable and are Tennis Court or not included in calculating the Volleyball Court, amount of the Facility available turf areas; Cancellation Fee. Refund Standard Ramada requests must be submitted in Rental; Event Ramada writing at least four days in Rental; Youth Non- advance of reservation date Profit Contract User and can be emailed to Marana Town Council Regular Meeting Agenda Packet Page 382 of 561 May 21, 2024 CATEGORY/CHANGE Fee/Description Amount Unit of Notes Reason for Change REQUESTED Measure Groups; Park Facility marana.parks(o)maranaaz.gov. Does not apply to Park Rental Rental; Multi -Purpose, Baseball, Softball Field, Packages. Basketball Court, Tennis Court or Volleyball Court Premium Hour Fee Modification Parks & Recreation 10% of Per All refunds, unless refund no+ Special Event Park Permit Activity Registration or Program cancellation due +o the fault of the verbiage provides Refund Administration Amount or refund Gustemer, are subjen++r. consistency with the Fee 100 ° ristrt've Fee d naming convention in the —a GRI;^^ r, c. - permit processing (GGRV8^ieRGe) fees aFe nGRF8f6lR dohlo Ref lRd requests must be o oiled +^ software. marono aAZ lv parks@moron e� Fee is applied for all customer -requested cancellations. Fee is not applied for Town -initiated cancellations. Online processing (convenience) fees are non-refundable and are not included in calculating the amount of the Facility Cancellation Fee. Refund requests must be submitted in writing at least four days in advance of reservation date and can be emailed to marana.parksamaranaaz.gov Marana Town Council Regular Meeting Agenda Packet Page 383 of 561 May 21, 2024 CATEGORY/CHANGE Fee/Description Amount Unit of Notes Reason for Change REQUESTED Measure Parks & Recreation 10% of Per Fee is applied for all customer - Activity Registration or Program cancellation requested cancellations. Fee Refund Administration Amount or refund is not applied for Town - Fee initiated cancellations. Online processing (convenience) fees are non-refundable and are not included in calculating the amount of the Facility Cancellation Fee. Refund requests must be submitted in writing at least four days in advance of reservation date and can be emailed to marana.parks(a-)maranaaz.gov Marana Town Council Regular Meeting Agenda Packet Page 384 of 561 May 21, 2024 CATEGORY/CHANGE Fee/Description Amount Unit of Notes Reason for Change REQUESTED Measure DEPARTMENT: Police Addition Video $46.00 Per video Minutes reviewed in excess of Adding fee per ARS 39- video -hour reviewed shall be Review/Redaction Fee hour 129. This fee will be used rounded down to the nearest reviewed to supplement the cost of hour. For victim requests, the employing individuals fee shall be waived as responsible for reviewing required by A.R.S. §39-127. and redacting various forms of video for public records requests. Video $46.00 Per video Minutes reviewed in excess of Review/Redaction Fee hour video -hour reviewed shall be reviewed rounded down to the nearest hour. For victim requests, the fee shall be waived as required by A.R.S. 39-127. DEPARTMENT: Court Modification Fee f^r T_AUi^^ Default $65.00 Per Town Magistrate may waive July 22, 2019 / Ordinance judgMeRt Fee for "judgmeR fee based on defendant's No. 2019.015 processing a case Per case financial report or in the default default interests of justice Fee for processing a $65.00 Per case Town Magistrate may waive case default default fee based on defendant's financial report or in the interests of justice Marana Town Council Regular Meeting Agenda Packet Page 385 of 561 May 21, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting Meeting Date: 05/21/2024 To: Mayor and Council From: Yiannis Kalaitzidis, Finance Director Date: May 21, 2024 Strategic Plan Focus Area: Thriving Commerce, Vibrant Community, Cherished Heritage, Proactive Public Services, Recreation, Healthy Lifestyles, Progress & Innovation Subject: PUBLIC HEARING: Resolution No. 2024-051: Relating to Budget; adopting the fiscal year 2024-2025 tentative budget (Yiannis Kalaitzidis) Discussion: WIN In conformance with State law, the tentative budget must be adopted prior to the third Monday in July. The adoption of the tentative budget will set the maximum limit of expenditures (alternative expenditure limitation) for fiscal year 2024-2025. The total budget may be reduced prior to final adoption, but it cannot be increased. Additionally, Mayor and Council may reallocate funding among departments and/or programs. In coordination with Mayor and Council, staff has prepared a tentative budget of $473,739,474 for fiscal year 2024-2025. This budget reflects the careful allocation of the Towri s resources to Mayor and Council's goals. Additionally, this budget continues to make investments in current employees, resources and tools, and strategic positions. The budget has been structurally balanced with ongoing revenues used to fund ongoing expenditures. Total revenues anticipated for fiscal year 2024-2025, excluding special taxing districts' secondary property taxes, are $271,873,217. Debt financing and existing fund balances will be utilized for one-time expenditures, carryover requests and capital projects. The current budget reflects a baseline budget that allowed for increases due to market increases while expanding services and staff in order to continue providing quality Marana Town Council Regular Meeting Agenda Packet Page 386 of 561 May 21, 2024 services to our residents. Increases include merit adjustments of 4%, and other pay adjustments resulting from a compensation plan update, that should allow the Town to remain competitive. The Capital Improvement Plan includes a number of large projects, including several interchange projects and funding for completion of the Community and Aquatics Center. The tentative budget reflects an addition of 31.5 full time equivalent (FTE) positions,16 of which are assigned to the operations of the Community and Aquatics Center. Total FTEs are increasing from 444.1 FTE positions in fiscal year 2023-2024 to 475.6 FTE positions for fiscal year 2024-2025. Positions were added to multiple departments in support of multiple functions, including public safety, water, public works, technology services, finance and parks and recreation. The proposed Capital Improvement Plan (CIP) totals $315,433,048 or 67% of the tentative budget. A copy of the tentative five-year CIP schedule is included in this item as part of the overall tentative budget document. The tentative budget is presented on forms prescribed by the Auditor General. The official budget forms will be published as required for two consecutive weeks in a newspaper of general circulation along with notices of public hearing on the final budget and the property tax levy. Staff will describe significant budget changes made since the Manager's Recommended budget presentation on April 22, 2024 at tonight's meeting. Council will then hold a public hearing on June 18, 2024, and consider final budget adoption thereafter. The proposed tentative budget reflects the prudent allocation of financial resources required to meet the policy direction and vision of Mayor and Council. Accordingly, staff recommends adoption of the tentative budget for fiscal year 2024-2025 at $473,739,474. Financial Impact: Fiscal Year: 2025 Budgeted Y Y/ N: Amount: $473,739,474 Establishment of the overall alternative annual expenditure limitation for fiscal year 2024-2025, if approved. Staff Recommendation: Staff recommends approval of the fiscal year 2024-2025 tentative budget. Suggested Motion: Marana Town Council Regular Meeting Agenda Packet Page 387 of 561 May 21, 2024 I move to adopt Resolution No. 2024-051; adopting the fiscal year 2024-2025 tentative budget. Attachments Resolution No. 2024-051 Exhibit A to Resolution - Tentative Budget FY25 Marana Town Council Regular Meeting Agenda Packet Page 388 of 561 May 21, 2024 MARANA RESOLUTION NO.2024-051 RELATING TO BUDGET; ADOPTING THE FISCAL YEAR 2024-2025 TENTATIVE BUDGET WHEREAS in accordance with the provisions of Title 42, Chapter 17, Articles 1-5, Arizona Revised Statutes (A.R.S.), the Town Council did, on April 22, 2024, make an estimate of the different amounts required to meet the public expenditures/expenses for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of Marana; and WHEREAS in accordance with said chapter of said title, and following due public notice, the Council is holding a public meeting on May 21, 2024, at which meeting any taxpayer is privileged to appear and be heard in favor of or against any of the proposed expenditures/expenses or tax levies; and WHEREAS the sums to be raised by taxation as specified in the budget attached hereto as Exhibit A may not exceed, in the aggregate amount, the expenditure limitation to be set by the Council on June 18, 2024. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the budget setting forth the estimates of revenues and expenditures/ expenses, attached hereto as Exhibit A and incorporated herein by this reference, as increased, decreased or changed by the Town Council, is hereby adopted as the tentative budget for the Town of Marana for fiscal year 2024-2025. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of May, 2024. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk Jane Fairall, Town Attorney Marana Fiscal Year 2024-2025 Budget Resolution - 1 - Marana Town Council Regular Meeting Agenda Packet Page 389 of 561 May 21, 2024 O FOR PIS a �v NG JuL TENTATIVE BUDGET or A le 63K MARANA AZ Dove Mountain Aerial, Marana, AZ THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Regular Meeting Agenda Packet Page 391 of 561 May 21, 2024 TABLE OF CONTENTS Table of Contents Manager's Message................................................................................................................3 BudgetSummary................................................................................................................... 11 Summary of Changes from Manager's Recommended Budget ...................................... 19 Recommended Investments................................................................................................ 23 Governmental Funds Budget Summary............................................................................... 29 Special Districts Budget Summary ........................................................................................ 49 Enterprise Funds Budget Summary ....................................................................................... 53 Internal Service Funds Budget Summary............................................................................. 63 Department Budget Summaries........................................................................................... 67 Capital Improvement Plan.................................................................................................125 Operating Capital & Projects.............................................................................................133 CarryForward Requests......................................................................................................139 Authorized Personnel...........................................................................................................143 Auditor General Schedules.................................................................................................157 Marana Town Council Regular Meeting Agenda Packet Page 392 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Rju ar Meeting Agenda Packet Page 393 of 561 May 21, 2024 F I S C A L Y E A R 2024-2025 TOWN MANAGER'S Tentative Budget Message To the Honorable Mayor and Council: I am pleased to present you with the Fiscal Year (FY) 2024-2025 Manager's Tentative Budget for the Town of Marana (Town). This tentative budget is a structurally balanced spending plan that reflects the Town's commitment to responsible fiscal policy, stewardship of public monies, and long-term sustainable financial planning. Every year during the budgeting process, we closely examine our goals and accomplishments to ensure the budget is aligned with the vision and strategic priorities established by the Mayor and Town Council. This past year, we have had many accomplishments across the five Focus Areas of our Strategic Plan: Cherished Heritage, Vibrant Community, Thriving Commerce, Healthy Lifestyles, and Proactive Public Services. This budget represents a thoughtful and strategic approach to ensure we continue to make progress in each of the Town Council Focus Areas while delivering effective and efficient services to our growing community. Cherished Heritage Marana's heritage and history are near and dear to us all, including our staff and the community at large. By prioritizing Cherished Heritage as a focus area, we seek to leverage Marana's historic and cultural legacy to strengthen community character, increase community pride, and build heritage -driven tourism. This year, with the addition of a new Cultural Heritage Specialist, the Town has begun efforts to ensure we are collecting, preserving, and disseminating the history of Marana. This new role will focus on leading the heritage -related initiatives in Strategic Plan Five, as well as identifying new opportunities. Public art contributes to a strong sense of place and neighborhood pride. In Fiscal Year 2024, the Town implemented a new public art policy to further embed heritage in policy and planning initiatives. Through the new Marana Public Art Fund, the Town is dedicated to funding high - quality public art installations and maintenance throughout the Marana community and providing residents with places to learn about Marana's history and the natural environment. Additionally, the Town identified the upcoming Marana Community and Aquatic Center as a location for public art. Once opened, this facility will be home to a one -of -a -kind art piece Marana Town Council Regular Meeting Agenda Packet Page 394 of 561 May 21, 2024 aimed at honoring the community's heritage and natural beauty by revealing scenes depicting Marana's rich history and culture throughout the years. Our Signature Events series continues to showcase the Town's rich heritage. The annual Marana Fall Festival and Marana Founders' Day events focus on the Town's rodeo and agricultural history, with an emphasis on the people who live in the community. Both events were well attended this year, with many activities and offerings for all ages. This year, we also paid tribute to our heritage at the Marana State of the Town event by highlighting 100 years of calling Marana home and featuring several founding families in a four - minute video, "Home is Here". Improving recognition and awareness of Marana's unique and rich heritage is a top priority. To increase awareness and provide educational opportunities about Marana's heritage, the Town launched a heritage specific webpage: httos://www.maranaaz.gov/heritage. The webpage contains heritage -related photos, resources, videos, and events. The Town also released a Real Talk with the Town podcast episode dedicated to Marana's history. In Fiscal Year 2025, we will continue honoring our heritage by investing in projects and programs aimed at celebrating Marana's history and traditions. Vibrant Community The Town continues to lead as the fastest -growing community in Southern Arizona. To support new growth and expansion, the Town continues to invest in its future through strategic infrastructure investments. This year, we have seen the completion of significant projects around the Town, which continues to demonstrate the Town's dedication to enhanced levels of service and safety to our community. Several public projects were completed within the Town's infrastructure. Projects include completion of the Tangerine Road 16-inch Transmission Main Phase One, which was required to help complete the Loop from the Twin Peaks Corridor and into North Marana. This project will help provide adequate water supply and fire flow capacity to this region. The Town also completed the Lon Adams Road Reconstruction project which consisted of replacing the existing paving section from Grier Road to Barnett Road (approximately 0.5 miles) and the Avra Valley Road Overlay project. In Fiscal Year 2025, we will continue to invest in our future with important capital projects. Current high -priority projects in the design phase include Twin Peaks Road - Rattlesnake Pass Widening, Tangerine Farms Road - Extension, Tangerine Road Widening - Phase 2A, and Tangerine Traffic Interchange Improvements. The Town is committed to providing a safe and connected multi -modal transportation system to support the mobility needs of present and future residents. This year, the Town completed the Transportation Master Plan. This plan is an action -oriented roadmap that will guide transportation investments for the next 25 years. Marana's reputation as a safe and secure town Marana Town Council Regliar Meeting Agenda Packet Page 395 of 561 May 21, 2024 continues. In Fiscal Year 2024, the Marana Police Department was awarded its reaccreditation certification from the Arizona Law Enforcement Accreditation Program. The Town also recognizes that the natural environment is an integral part of Marana's identity. Next year, the Town will begin efforts to develop an Open Space and Wildlife Conservation Master Plan. This plan will establish a vision of open space throughout the Town that includes open space preservation, wildlife linkages, and wildlife habitats. Lastly, delivering transparent and timely distribution of information and keeping our community informed is essential in creating a connected community. This year, we continued our effort to answer resident concerns/questions through our award -winning podcast, Real Talk with the Town. To date, we have released over fifty episodes addressing the community's hard-hitting and pressing questions. Next year, we will continue to grow the podcast's reach and identify innovative ways to ensure our community is informed. Thriving Commerce In Fiscal Year 2024, the Town's economic development initiatives continue to yield positive results for the community, with each of the Marana's commercial areas seeing significant growth. The Town has not only seen higher -than -anticipated projections and collections for key revenue streams that fund essential services, but also significant wins in commercial and retail development around the community. North Marana is currently booming with commercial activity along the Tangerine Corridor. Southern Arizona Logistics Center completed construction of two logistics buildings, 512,000 and 435,812 square feet, located between Interstate 10 and Clark Farms Boulevard. North Marana welcomed CTI Trucking, the Maverick Gas Station, and after several years of waiting, the Fry's Superstore located at the Gladden Farms Commercial Center broke ground. The Marana Center at Twin Peaks Road continues to be an attractive destination for new businesses. Current commercial projects under construction include the American Furniture Warehouse and Marana Center Self Storage. Along Cortaro Farms Road east of Interstate 10, Marana will soon welcome Super Star Car Wash and My Place Extended Stay Hotel. This year, we have also seen an increase in single-family residential projects and impressive gains in multifamily housing projects throughout the community. Currently, four projects are under construction, totaling 1,050 units. Growth in multifamily is mostly led by the increase in commercial and retail development, and we anticipate a similar pace going into Fiscal Year 2025. In summary, Marana continues to be an attractive destination for businesses to locate, expand, and grow, whether they are commercial or retail in nature. The Town also continues to focus on the development of Downtown Marana. Marana Main Street will capture the traditional look and feel of a vibrant downtown district. In Fiscal Year 2025, through a Request for Qualifications, the Town will seek creative concepts from qualified developers interested in meeting the Town's vision for the Downtown Marana area. Marana Town Council Regular Meeting Agenda Packet Page 396 of 561 May 21, 2024 Finally, our Economic Development and Tourism Department began the planning process for the first ever Tourism Master Plan. This plan will shape the next decade of strategies to make tourism a sustainable part of our economy while preserving what we love about Marano. Plan completion is slated for early Fiscal Year 2025. Healthy Lifestyles Parks and Recreation is an essential cornerstone to any healthy and thriving community. Our main goal is to provide a variety of recreational, artistic, and cultural opportunities along with a flourishing natural environment to support healthy and active lifestyles. Bringing new parks, facilities, and outdoor recreational opportunities is a consistent priority for our community. A new community center has been a topic of conversation for the last few years, and we are getting closer to making this facility a reality for our community. This year, the Town completed the design of the new Marano Community and Aquatic Center, and construction officially began in October 2023. This 60,000-square-foot community center and 48,000-square-foot outdoor aquatic center will offer an array of programs, events, and activities to satisfy the needs and interests of all ages. We are excited to announce that the new center will open during Spring 2025. We are also always improving our regional trails system and connectivity. This year, construction of the Shared Use Path at CalPortland project began. This 1.8-mile section will connect North Marano to the entire Shared Use Path and will increase visitation to Marano's seven properties located along the Santa Cruz River. The Town also completed the Tortolita Preserve Trailhead project. This outdoor facility is popular with hikers, trail runners, mountain bikers, and horseback riders. Improvements included a new parking lot that is more accessible for horse owners to park trucks and trailers and enclosed the entire preserve with wildlife friendly barbed wire fence in an effort to keep the preserve free of cattle and off -road vehicles. Other major Parks and Recreation projects that were completed during Fiscal Year 2024 included a new dog park and ball field improvements at Gladden Farms Community Park. Proactive Public Services A thriving community demands exceptional governance. Marano is committed to the highest level of service for our residents, businesses, customers, and employees. From providing quality infrastructure to addressing concerns, our dedicated workforce is prepared to deliver the most efficient and transparent service possible. As a water service provider, the Town is always thinking of ways to not only provide the best quality drinking water to our customers, but to ensure continuous water resources far into the future. In Fiscal Year 2024, the Town successfully purchased 12,000 acre-feet of long-term storage credits from the Tohono O'odham Nation. This acquisition will allow the Town to meet its Marana Town Council Reguullar Meeting Agenda Packet Page 397 of 561 May 21, 2024 goals of maximizing the use of renewable water supplies and helping to attain the aquifer management goal of safe yield. After a lengthy process, the Arizona Department of Water Resources granted the Town's Designation of Assured Water Supply (DAWS) modification application, affirming that at least 100 years of water is physically, legally, and continuously available to serve the Town's existing customers and additional growth. Marana is also taking steps to reduce water through the adoption of the Water Conservation Plan which encourages general water conservation. Town staff, with the direction of the Town Council, continue to make great strides in completing the goals and initiatives set forth in Strategic Plan Five. Each strategic plan goal was assigned to a lead staff member responsible for the implementation techniques. Fiscal Year 2024 concludes with approximately 75% completion of the 91 action items identified in the three-year Strategic Plan. Marana residents and stakeholders can track the Town's strategic plan progress by visiting: httgs://www.maranaaz.gov/strategic-plan. Through all Town initiatives, we recognize that it is our dedicated team of Marana employees who see the projects and programs from start to finish, and we will continue to invest directly in our employees. This budget reflects Marana's commitment to continue to invest in personnel, competitive compensation, and maintenance of Town facilities. Although Marana has not experienced significant challenges in recruiting and hiring talent, we recognize the importance of remaining competitive in the market. This year, after the completion of a compensation review, some employee pay grades were adjusted to ensure all Town positions are highly competitive. New employee benefits coming at the onset of Fiscal Year 2025 include increases in parental leave and changes in shift differential and on -call pay. This budget not only invests in new positions to ensure we continue providing the quality services our growing population expects, but also provides funding to ensure our pay structure and employee benefits remain competitive in the market. Closing The tentative spending plan detailed in this budget proposal considers these accomplishments as a guide for future goals. Prudent financial decisions, coupled with conservative forecasting methods, have strengthened the Town's financial position. As we move into Fiscal Year 2025, we will remain financially prepared to respond to possible economic volatility. As Marana succeeds and grows, we will continue to invest strategically while ensuring we deliver the best service to the community. This budget demonstrates a commitment to our vision of providing the best quality of life for our residents and to the tenets of the Strategic Plan. I would like to thank the Finance Department staff, and all the employees of the Town who have contributed countless hours of preparation and deliberation in the development of the Fiscal Year 2024-2025 annual budget. Finally, thank you to the Mayor and Town Council for your guidance and leadership in establishing the vision for this great community. Marana Town Council Regular Meeting Agenda Packet Page 398 of 561 May 21, 2024 Respectfully, Terry S. Rozema Town Manager Marana Town Council RegLr Meeting Agenda Packet Page 399 of 561 May 21, 2024 BUDGET SUMMARY MARANA l4r Marana Town Council Regular Meeting Agenda Packet Page 400 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Regular Meeting Agenda Packet Page 401 of 561 May 21, 2024 Town of Marana Budget Summary The Manager's Tentative Budget for fiscal year 2024-2025 (FY2025) totals $473.7 million. The summary includes expenditure budget appropriations for all Town funds and special taxing district funds and reflects the Town's investments in multiple operating and capital areas. Overall, the tentative budget represents an increase of $137.4 million as compared to the current year adopted budget of $336.3 million. Better than anticipated economic growth and low unemployment continue to allow the Town to make strategic investments in both infrastructure and personnel. The FY2025 tentative budget reflects continued capital investments that will help advance key facilities, park, road, water, sewer, and public safety projects. Recognizing town employees are the most important asset of the organization, the tentative budget makes significant investments in personnel. Through a combination of performance, merit -based increases, a compensation study, and the addition of new positions, the Town will remain competitive within the region and continue to be able to provide residents with high -quality services. Operating, $126.1 M, 27% Expenditure by Category $473.7 Million Debt Service, $19.5M 4% Capital Outlay, $328.1 M 69% Operating expenditures continue to be a significant category for the Town at $126.1 million or 27% of the total budget for FY2025. Primarily due to continued strong growth within the Town and in surrounding areas, but also due to significant investments for the community in the form of a new Marana Community and Aquatic Center and a number of large road projects, capital outlay comprises the largest portion of the annual budget at $328.1 million or 69%. Marana Town Council Regular Meeting Agenda Packet Page 402 of 561 May 21, 2024 Major expenditures within the $126.1 million tentative operating budget are personnel and benefits at 53%, which include all salaries and benefits for Town staff. Changes in this category include merit increases, the addition of 31.5 new positions (FTEs) across multiple departments, medical benefits increase of 4.1 %, and other pay adjustments including grade adjustments for many positions as a result of a compensation study. While pension contribution rates remained relatively flat this year for employees in the Arizona Retirement System, Public Safety Personnel Retirement System (PSPRS) contributions for police officers (Tier 1 & Tier 2) are significantly lower due to $6 million downpayment two years ago. The current year budget includes $13.6 million to be applied toward paying down the full outstanding remaining balance as presented in the June 30, 2023 actuarial report, which will result in $1.1 million annual savings in interest payments. Operating supplies & equipment and contracted services comprise 24% and 23% of the operating budget, respectively. Amounts in these areas include additional funds for a number of programs and one-time expenses, such as the ongoing implementation of a new permitting and licensing system and a number of other maintenance and improvements. Inflation also impacts the overall operating budget, as costs for many goods and services have increased. Contingency appropriations have remained unchanged at $5.0 million. Operating Budget by Line Item $126.1 Million Personnel and Benefits, $66.5M, 53% Operating Supplies & Equipment, 24% �rvices, $28.7M, 23% A summary of the Town's budget by fund type is presented on the next page. More detailed information on each fund category presented below is available in this document. Marana Town Council Regu?ar Meeting Agenda Packet Page 403 of 561 May 21, 2024 Summary of All Town Funds & Special Districts Tentative Budget Fiscal Year 2025 2024 2025 Primary Entity Adopted Tentative $ Change General Fund $ 77,026,555 $ 105,182,082 $ 28,155,527 Special Revenue Funds Capital Projects Funds Debt Service Funds 13,051,469 154,097,667 6,247,451 224,080,069 1,757,619 :S•�•�:3►�[IN 2,840,013 % Change 36.60% 13.50% 45.40% 45.50% Enterprise Funds 69,386,635 99,988,058 30,601,423 44.10% Internal Service Funds 5,696,168 6,21 1,485 515,317 9.00% Primary Entity 325,505,945 459,358,246 133,852,301 41.10% Component Units Special Districts 10,755,253 14,381,228 3,625,975 33.70% Total $ 336,261,198 $ 473,739,474 $ 137,478,276 40.907 Fiscal year 2024-2025 highlights by fund types: • General Fund - Overall the General Fund budget is increasing by $28.2 million. Notable factors for this change include: o Personnel & benefits increased due to higher health care costs, pay for performance merit - based adjustments and other adjustments, including position grade adjustments resulting from a compensation study, as well as 31.5 new FTEs, 16 of which are dedicated to the operation of the new Community and Aquatics Center scheduled to open late in fiscal year 2024-2025. Also included is a one-time payment of $13.6 million to pay off the remainder of the Public Safety Retirement Personnel Retirement Systems unfunded liability as of the June 30, 2023 actuarial report. o Funding is made available for several operational and facilities projects, including a new permitting and licensing system, evaluation of the building access control system, several software and hardware replacements and upgrades to enhance security, generator replacements and upgrades to ensure continuity of operations during power outages, HVAC repairs and replacements, as well as regular maintenance for buildings at the main Town complex and the Marana Operations Center. Much of the funding mentioned above is being carried forward from the prior year. o Carry-over funding continues to be higher than pre -pandemic years due to delays in several projects funded by the General Fund, but also due to a number of vehicles which will likely not be delivered until fiscal year 2024-2025 due to ongoing supply chain disruptions and longer than normal lead times. Marana Town Council Regular Meeting Agenda Packet Page 404 of 561 May 21, 2024 • Special Revenue Funds - Notable items in this fund category include anticipated increased spending for the Community Development Block Grant programmed to ensure unspent prior year funding is included in the current year budget. Other increases are associated with additional funding for the Transportation and Bed Tax Fund as part of planned operations. • Capital Projects Funds - Capital projects budgeted in fiscal year 2024-2025 consist of facilities, transportation, parks, and utility projects which align with the Town's goals of providing quality, high level services and amenities to our growing community. These projects include funding for the completion of the Marana Community and Aquatics Center and the Tangerine Road Widening to 1-10. Funding is also included for many Traffic Interchange improvements, some of which may be funded through federal funding if the Town is successful in securing federal grant awards. Details on all capital projects planned for fiscal year 2024-2025 may be found in the Town's Capital Improvement Plan available in this document. • Enterprise Funds - Rate studies approved by Council in fiscal year 2019-2020 restructured and increased rates in both the Water and Water Reclamation funds. Rate increases have been applied each January through 2024. During this five-year period, growth outpaced what was forecasted in the rate study. The current year budget includes 1 new position (FTE) to ensure continuity of operations related to billing and customer service due to faster than anticipated account growth. Funding is also included for the completion and update of a rate study for the upcoming next five years. The majority of Enterprise fund budget increases are due to a number of large, multi -year capital projects including the Northwest Recharge and Recovery Distribution System (NWRRDS), the expansion to the Water Reclamation Plant, the North Marana Sewer Interceptor project, the design and construction of another water quality treatment plant and the acquisition of additional water resources if those become available. Also, the Town continues the process of constructing a Control Tower at the airport, along with a number of other airport -related projects. Funding provided by impact fees, debt financing, as well as state and federal sources, is available for a variety of water, water reclamation and airport capital projects. Details on all capital projects planned for fiscal year 2024-2025 may be found in the Town's Capital Improvement Plan available in this document. • Internal Service Funds - Increases are due to higher medical claims expected for next year based on current year claims experience and industry trends. Also, staff updated the contracts for both the Dental and Vision plans during fiscal year 2023-2024. To provide funding for the overall increase to expenses, medical contribution premiums are increasing by 4.1 % in total. Dental and vision premiums remain unchanged. Marana Town Council Regular Meeting Agenda Packet Page 405 of 561 May 21, 2024 • Special Districts - During fiscal year 2024-2025, new debt issuance requests are anticipated for the acquisition of eligible infrastructure in the Saguaro Springs Community Facilities District (CFD) and in the Gladden, Phase II, Community Facilities District. Rates for the CFDs will remain unchanged at the current target rate of $2.50 per $100 of limited assessed valuation. Marana Town Council ReglAr Meeting Agenda Packet Page 406 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council ReguYar Meeting Agenda Packet Page 407 of 561 May 21, 2024 Summary of Changes from Manager's Recommended Budget I KVA &3� Ic Marana Town Council Regular Meeting Agenda Packet Page 408 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Reg Tar Meeting Agenda Packet Page 409 of 561 May 21, 2024 Summary of Changes from Manager's Recommended Budget Changes in the total amount of $27,651,989 have been included in the Tentative Budget. These changes were due to updates of multiple CIP projects, amounts carried forward for FY2024 purchases and projects, and some new funding or increased funding requests. A summary is included below. Manager's Recommended Budget - Expenditures $446,087,485 Changes to specific funds or across multiple funds and departments Personnel & Benefits - multiple funds and departments (636,817) HURF - Pavement Preservation carry forward increase 1,617,091 Water Fund - WIFA meter replacement grant 1,1 16,000 Water Fund - Legal fees increase 20,000 All other changes - multiple funds and departments 705,789 Total changes $2,822,063 Changes to CIP Program - new and carry forward adjustments Facilities Master Plan - multiple projects 7,260,000 Tangerine Road Widening - Phase 2A 2,124,104 Tangerine TI Improvements 2,168,783 Airport, East Apron Reconstruction, Phase 2 2,035,198 Marana Park Reservoir (1,068,767) Marana Community Aquatics Center (2,1 14,130) Other net carryforward adjustments - multiple projects 702,751 Total changes to CIP program $11,107,939 Changes to General Fund department budgets Police - PSPRS unfunded liability payoff, as of June 30, 2023 13,092,934 Police - Vehicle outfitting carry forward 248,195 TS - Restricted for additional hardware purchases 265,000 TS - Network upgrades increase 115,858 Total changes to General Fund department budgets $13,721,987 Total Changes from Manager's Recommended Budget $27,651,989 Tentative Budget - Expenditures $473,739,474 In addition to the above adjustments to expenditures, total revenues and other financing sources increased by $1.6 million due to a WIFA grant and a dividend disbursement from the Town's insurance risk pool. The Town has not yet received updated revenue estimates from the League of Cities and Towns. As a result, state shared revenue estimates might still change prior to budget adoption. Marana Town Council Regular Meeting Agenda Packet Page 410 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Regular Meeting Agenda Packet Page 411 of 561 May 21, 2024 RECOMMENDED INVESTMENTS MARANA Marana Town Council Regular Meeting Agenda Packet Page 412 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Reg ?ar Meeting Agenda Packet Page 413 of 561 May 21, 2024 Recommended Investments The following outline describes several of the Town's investments into identified priority areas. The General Fund's contributions to these are detailed below. These investments represent changes in costs that are included within the Tentative Budget, the summaries of which are presented later in the document. I pi13 0 ■ STRATEGIC POSITIONS RESOURCES & TOOLS CURRENT EMPLOYEES Employee Compensation and Benefits Investment - $16.8 million increase ($4.3 million ongoing) a. Positions, performance pay adjustments ■ Up to 4.0% team performance adjustment ■ New positions - 31.5 FTEs, 29.5 in the General Fund, with 16 dedicated to the new Community and Aquatics Center (MCAC) ■ Other adjustments - Pay grade changes and new pay grades were established based on the results of a compensation study. b. Other pay and benefits: ■ Includes health, retirement, disability insurance, etc. 1. Employee Retirement Contributions - $ 12.1 million increase includes a one-time payment of $13.6 million toward the payoff of the PSPRS unfunded liability as of the June 30, 2023 actuarial report. 2. Worker's Compensation - $151,269 increase ($122,057 from the General Fund) 3. Health Insurance & other benefits - medical premiums increasing by 4.1 % with no changes to dental or vision premiums. 4. Shift Differential and On -Call rates have increased to $1.30/hour. 5. Uniform Allowances for sworn officers increased from $1,200 to $1,500. 6. Other - parental leave was increased to 4 weeks from 2 weeks, and HSA town contributions were increased to $1,000 for single and $2,000 for family from $600 for single and $1,200 for family. Marana Town Council Regu?ar Meeting Agenda Packet Page 414 of 561 May 21, 2024 II. Resources and Tools Investment - $22.4 million ($21.7 million General Fund) a. Vehicle & equipment purchases $3.7 million. Most of this budgeted amount reflects the use of replacement dollars set aside in previous fiscal years and demonstrates the Town's commitment to ensure employees have safe, reliable vehicles and equipment needed to provide a high level of service. The remainder is primarily for new vehicles and equipment related to new positions and the expansion of services. About $1.9 million represents purchases carried over from the prior year. b. New software solutions: ■ Learning Management Software - $100,000 ■ Construction, Planning and Monitoring Software solution - $400,000 ■ Permitting/Licensing System ongoing implementation - $506,104 c. Town Manager • Strategic Plan update - $50,000 d. Master Plans ■ Sewer Master Plan update - $60,000 ■ SCADA Master Plan - $100,000 ■ Open Space and Wildlife Conservation Master Plan - $300,000 e. Technology ■ New Building Access Control System and improvements - $500,000 ■ Network upgrades - $405,670 • Police Radio replacements - $700,000 ■ Computer, printer and monitor replacements - $175,375 f. Facilities ■ Senior Center Front Desk replacement - $35,000 ■ MMC & MOC server room HVAC replacements - $175,000 ■ Court Room 2, remodel design - $200,000 • MMC & MOC Generator upgrades - $2,678,500 ■ MOC Roof & HVAC replacement - $682,500 • MMC HVAC Mechanical Systems upgrade - $1,100,000 g. Recreation ■ Tangerine Sky Park, Phase 2 - $1,625,451 ■ El Rio Preserve projects - $760,983 (multiple sources) ■ Parking lot treatments (San Lucas, Ora Mae Ham Parks) - $70,000 h. Water Department • Rate & Fee Study - $105,000 • Risk and Resilience Assessment, federally mandated - $150,000 Marana Town Council Regular Meeting Agenda Packet Page 415 of 561 May 21, 2024 III. Strategic Positions The Tentative budget includes the addition of 31.5 new full-time equivalent (FTE) positions. The following table shows the change in authorized positions by FTE for several fiscal years. FY2022 FY2023 FY2024 FY2025 Budgeted FTE 401.35 429.6 444.1 475.6 Position change from previous year 25 28.25 14.5 31.5 Percentage change from previous year 6.6% 7.0% 3.4% 7.1 The following table lists the new full time equivalent positions added: Working Position Title HE Department Funding Source Heritaae Specialist 0.5 Town Manaaer General Fund Police Officer 3.0 Police General Fund Dispatcher 1.0 Police General Fund Permit Technician 2.0 Development Services General Fund Accountant 1.0 Finance General Fund License & Tax Specialist 1.0 Finance General Fund Human Resources Manager 1.0 Human Resources General Fund Public Works Supervisor 1.0 Public Works General Fund Maintenance Associate II 1.0 Airport General Fund Fleet Coordinator 1.0 Public Works General Fund Tech Support Specialist II 1.0 Tech Services General Fund Tourism Marketing Specialist 1.0 Econ. Development & Tourism Bed Tax Fund Water Billing Specialist 1.0 Water Water Fund Operations Supervisor 1.0 Parks - MCAC General Fund Recreation Programmer 6.0 Parks - MCAC General Fund Recreation Program Coordinator 2.0 Parks - MCAC General Fund Customer Service Specialist 1.0 Parks - MCAC General Fund Custodian 4.0 Parks - MCAC General Fund Facilities Technician II 1.0 Parks - MCAC General Fund Tech Support Specialist II 1.0 Parks - MCAC General Fund Total HE Changes 31.50 Marana Town Council Regu�ar Meeting Agenda Packet Page 416 of 561 May 21, 2024 The addition of key positions is critical in maintaining service levels. This is especially important in a fast- growing community like Marana. Positions added this year include those that serve the public directly, such as Police Officers, and Development Services employees, as well as support services positions in central service departments such as Finance, Human Resources and Tech Services, to allow for efficient and uninterrupted operations for our ever-growing Town. The operation of the Community and Aquatics Center, scheduled to open late in fiscal year 2024-2025, accounts for 16 new full-time positions and a number of part-time lifeguard and recreation aide positions. Mid -year FTE Position Changes and Compensation Study The employment market has been very competitive in the last year with most jurisdictions adjusting positions and salaries over the last few years. The Town has performed the second compensation study in the last two years. In order to remain competitive, a number of positions were reclassified to higher grades during the prior fiscal year. Furthermore, based on the results of the compensation study, several positions were moved to other grades, new pay grades were created when necessary, and pay was adjusted when appropriate. More than 130 FTEs were impacted by the compensation study and mid -year changes. As such, the current year document will not be presenting a summary of the grade changes, transfers, reclassifications, renaming of positions and other mid -year changes due to the large volume. Please refer to the Authorized Position schedule at the end of this document for a list of all positions. The updated salary schedule that includes new and updated grades for all positions will be available by or prior to July 1, 2024. Marana Town Council ReguYar Meeting Agenda Packet Page 417 of 561 May 21, 2024 GOVERNMENTAL FUNDS BUDGET SUMMARY MARANA Marana Town Council Regular Meeting Agenda Packet Page 418 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Regular Meeting Agenda Packet Page 419 of 561 May 21, 2024 Governmental Funds Budget Summary General Fund The following General Fund summary is structurally balanced (i.e. ongoing revenues support ongoing services and programs). Of the amounts included below, $68.6 million represents ongoing costs and $37.8 million represents one-time costs, including transfers out and excluding $5.0 million of contingency. Contingency appropriations may only be used with Council approval. Summary of General Fund Tentative Budget Fiscal Year 2025 FY2024 FY2025 Revenues Budget Tentative $ Change % Change Sales tax revenues $ 35,123,831 $ 43,684,077 $ 8,560,246 24.4% Intergovernmental revenues 25,945,620 23,316,474 (2,629,146) -10.1% Licenses, fees & permits 41617,500 7,039,000 2,421,500 52.4% Charges for services 823,000 723,500 (99,500) -12.1% Fines and forfeiture 389,500 389,500 - 0.0% Grants and contributions 146,100 172,325 26,225 18.0% Investment income 2,000,000 4,565,479 2,565,479 128.3% Miscellaneous revenues 740,945 797,900 56,955 7.7% Total Revenue 69,786,496 80,688,255 10,901,759 15.6% Expenditures Personnel & benefits $ 44,101,900 $ 60,150,353 $ 16,048,453 36.4% Contracted services 10,551,231 12,568,706 2,017,475 19.1 % Operating supplies & equip 7,684,749 9,530,066 1,845,317 24.0% Capital outlay 9,625,675 17,869,957 8,244,282 85.6% Debt Service 63,000 63,000 - 0.0% Contingency 5,000,000 5,000,000 - 0.0% Total Expenditures $ 77, 026, 555 $ 105,182, 082 $ 28,155, 527 26.8% Over/(Under) $ (7,240,059) $ (24,493,827) $ (17,253,768) 238.3% Other Sources and (Uses) Transfers out (4,516,981) (6,201,898) (1,684,917) 37.3% Total Sources and (Uses) (4,516,981) (6,201,898) (1,684,917) 37.3% Change in fund balance (11,757,040) (30,695,725) (18,938,685) 167.7% Marana Town Council Regular Meeting Agenda Packet Page 420 of 561 May 21, 2024 The following describes major changes between fiscal years: Revenues Sales tax revenues - Anticipated overall sales tax revenue increased by 24.4% across all categories. The Town had anticipated weakening economic conditions in the prior year which resulted in a conservative budget. The economy has performed better than the consensus economic forecasts over the last two years. Current changes to revenues reflect recent economic trends, which forecast slight reductions in certain categories with low or no growth in some categories as part of a "soft landing" for the economy. Increases in retail taxes account for several new commercial projects and in Licenses, fees & permits for increased residential activity. Intergovernmental revenues - Shared revenue estimates are based on H132483, which authorizes the State of Arizona to utilize annual Federal Census population estimates as the basis for allocating state shared revenues to Arizona cities and towns. The intergovernmental revenue estimates shown above are based upon preliminary estimates developed by Town staff based on recent trends. Overall anticipated increases reflect reduced growth estimates for next fiscal year, adjusted for higher than anticipated current year revenues. Urban Revenue Sharing shows a significant decrease due to legislative changes resulting in a lower maximum income tax rate of 2.5%, which will reduce this shared revenue over the next few years. The above revenue estimates may be revised in the coming weeks as the League works to obtain updated information and further guidance from the Arizona Department of Transportation and the Department of Revenue. Licenses, fees & permits - The majority of this revenue is attributable to single family residential permits (SFRs) and other commercial activity, which while lower in recent months is still above historic revenues. Budgeted SFRs for fiscal year 2024-2025 are estimated at 1,061 to reflect current economic and development trends. Charges for services revenue - This revenue stream is primarily comprised of user fees the Town charges for specific services rendered, such as park rentals and business licenses. The change in revenues is mainly attributed to lower plat review fees that more accurately reflect recent trends for this revenue source. Fines and forfeiture - Based on recent trends, this item remains flat for the fiscal year 2024-2025. Investment income - Investment revenues were adjusted based on recent trends and based on future forecasts which include some rate cuts from the Federal reserve. Amounts also include an anticipated dividend distribution of approximately $490,000 for the Town's insurance risk pool. Marana Town Council Regular Meeting Agenda Packet Page 421 of 561 May 21, 2024 Expenditures In general, increases to expenditures represent a baseline budget that includes a number of projects and capital purchases that will allow departments to continue their mission of providing quality services to residents. Personnel and benefits - The increase in personnel costs of 36.4% is primarily due to the following reasons: o Performance pay increases, merit based increases and other pay adjustments, including changes to a number of salary grades as the result of a compensation study. o Higher health care premiums. Medical premiums are increasing by 4.1 % in total due to higher claims experience and overall industry trends. Dental and vision premiums remain unchanged. o Other higher costs, such as higher on -call and shift differential pay, worker's compensation rates and overtime costs. o The addition of 31.5 new FTEs in multiple departments will support Town operations, maintain Town assets, and provide services to residents. 16 new FTEs are dedicated to the operation of the new Community and Aquatics Center which is scheduled to open in the last quarter of fiscal year 2024-2025. Also included for Council consideration, is a paydown of the PSPRS plan unfunded liability in the amount of 13.6 million, as calculated in the June 30, 2023 actuarial report. Contracted services - Beyond normal year over year increases due to increased market costs, budgeted increases of 19.1 % to contracted services are associated with a number of ongoing and one-time planned projects and investments. These include higher insurance premiums, investments in software for Public Works Department management of projects, and for hardware that will update and replace aging equipment and ensure uninterrupted service for Town employees and residents. Ongoing projects are also included such as the implementation of a new permitting and business license system and the update of the Town's website. Restricted budget amounts that may be used under specific circumstances are also included within this category. Operating supplies & equipment - Increases are anticipated based on normal year over year market changes operating costs, including utility costs, and funding for one-time purchases such as furniture and equipment related to new positions being added in multiple departments. Additional funding was also included to accelerate police radios and computer replacements that need to be replaced due to age or lack of support and for the Town's vehicle replacement program which ensure continuity of operations. Amounts are also budgeted related to the Town's Job Creation Incentive Program and for payments related to development agreements. Capital outlay - Costs associated with capital outlay increased primarily due to a combination of new and ongoing funding for projects and vehicles. Vehicle purchases exceed $2.6 million and include Marana Town Council Regular Meeting Agenda Packet Page 422 of 561 May 21, 2024 several planned vehicle replacements, vehicles for new employees, as well as vehicles ordered in FY2024, which will likely not be delivered until FY2025 due to continued supply chain disruptions. A number of HVAC, generator upgrades, and other facility equipment maintenance and remodel projects are budgeted for the MMC and MOC locations to ensure the continued uninterrupted operations of the Town while performing timely maintenance to the Town's physical assets. Also included is the expansion of the Tangerine Sky Park and parking lot, and $7.3 million in budget appropriation to allow staff to move forward with recommendations from the Town's Facilities Master Plan. Transfers out - Transfer are primarily associated with required debt service transfers, including Water and Water Reclamation related debt service payments, planned Airport capital projects and operating subsidies, and cash matches for potential grant awards. In addition, a transfer out to the Transportation fund, in the amount of $1.5 million, has been programmed to fund the design of the Tangerine Farms Road project, as directed by Council. Change in Fund Balance The General Fund is structurally balanced with ongoing expenses financed with ongoing revenues. Reserves are, by definition, a one-time resource which can only be deployed toward one-time projects and programs. Utilization of $30.7 million of reserve balances is related to several factors. These include a contingency appropriation of $5.0 million that may be used only by Council approval, $13.6 million toward the payment of the PSPRS unfunded liability, as well as multiple one-time requests for projects and purchases, some of which were budgeted in the prior fiscal year and are slated for completion in fiscal year 2024-2025. Such carry forward requests exceed $6.9 million. Additional detail is available in the Carry Forward Requests section in this document. Marana Town Council Regu?ar Meeting Agenda Packet Page 423 of 561 May 21, 2024 The following charts present the overall General Fund sources and uses of projected resources. FY2024-2025 General Fund - Sources (in millions) Sales tax revenue $43.7 , 39% Fund Bc $30.7, 28% Personnel & benefit $60.2 , 54% ,rgovernmental revenues, $23.3 , 21 % Licenses, fees & permits, $7.0 , 6% All other revenues, $6.6 , 6% FY2024-2025 General Fund - Uses (in millions) $6.2 , 6% Contracted services, $12.6,11% )perating supplies & equip, $9.5 , 9% Capital outlay, $17.9 , 16% igency, $5.0 , 4% Marana Town Council Regu�ar Meeting Agenda Packet Page 424 of 561 May 21, 2024 General Fund Balance and Available Reserves Fund balance reserves provide the Town with the liquidity to meet current cash needs, the capacity to invest in key initiatives, and flexibility in determining how certain items are funded. Recognizing the importance of healthy reserve balances, Town Council adopted a target minimum reserve balance of 25% of estimated revenues for the budget year. As depicted in the chart below, the Town exceeded the minimum reserve balance in all fiscal years. General Fund Balance H $140 o $120 $100 $80 $60 29.6 36.6 46.1 $20 ■ $0 98.6 99.2 71.4 122.0 M 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 Estimated Budgeted Fund Balance 25% Reserve The Town's General Fund reserve balances have continued to increase substantially in recent fiscal years due to a combination of conservative budgeting and strong unanticipated revenue growth. The fiscal year 2024-2025 ending fund balance is projected to be $100.8 million with the current proposed budget. The projected amount assumes continued strong revenues through the end of fiscal year 2023-2024, meeting projected fiscal year 2024-2025 revenues and spending approximately 95% of projected fiscal year 2024-2025 expenditures, excluding contingency funding. As mentioned above, reserves are, by definition, a one-time resource which can only be deployed toward one-time projects and programs. Often, the nature of these one-time project uses is beyond the normal operating capital needs of the organization. Often times, the use of reserves may advance one or more important initiatives. Town staff continues to work with Council to develop a plan to deploy some available balances for a variety of projects. The following chart depicts the Town's Target Reserve and additional, available reserves that may be used for such initiatives. Amounts other than the Target Reserve are available for uses beyond those proposed in the current General Fund budget for fiscal year 2024-2025. Marana Town Council Regular Meeting Agenda Packet Page 425 of 561 May 21, 2024 GENERAL FUND RESERVES $120.0 o $100.0 $80.0 $60.0 $40.0 $42.7 $20.0 $14.6 $23.9 $_ $11.2 $12.2 $11.2 F/Y 2019 F/Y 2020 F/Y 2021 Target Reserve $59.9 $91.5 $71.3 $58.7 $13.4 $18.8 $17.4 $20.2 F/Y 2022 F/Y 2023 F/Y 2024 F/Y2025* Available * Estimated ending balances based on projections The proposed fiscal year 2024-2025 budget includes a contingency amount of $5.0 million which is available upon Council approval to address any unanticipated events during the year and provide flexibility to Town operations. Historically, the majority of contingency amounts remain unspent. The amount of available reserves assumes contingency amounts are fully utilized and thus not part of General Fund reserves. Some of the available funding shown above for fiscal year 2024-2025 will likely be utilized for transportation projects identified and discussed by staff and Council. As some of those projects are multi -year projects and just commencing, the funding remains in the General Fund and will be transferred to the capital project funds accounting for those project expenditures in the future. One such project is the Tangerine Farms Road Extension; funding in the amount of $1.5 million for the initial project design is being transferred to the Transportation fund in fiscal year 2024-2025. Amounts Owed to the General Fund In past years, the General Fund provided funding to other Town funds to facilitate the construction of projects which promoted growth or supported Town operations. This support was provided to the Water Reclamation Fund. The repayment of $3.1 million in funding provided for the construction of infrastructure under a protected facility agreement continues with approximately $2.25 to $2.4 million anticipated outstanding at the end of fiscal year 2024-2025. Marana Town Council Regu Ear Meeting Agenda Packet Page 426 of 561 May 21, 2024 Special Revenue Funds Bed Tax Fund The Bed Tax Fund accounts for the discriminatory portion of the transient lodging (bed tax) rate which exceeds the Town's regular tax rate on other businesses. This portion must be used exclusively for the promotion of tourism as required by A.R.S. § 9-500.06(C). Summary of Bed Tax Fund Tentative Budget Fiscal Year 2025 FY2024 FY2025 Revenues Budget Tentative $ Change % Change Sales revenues $ 1,450,000 $ 1,600,000 $ 150,000 10.3% Total Revenue $ 1,450,000 $ 1,600,000 150,000 70.3% Expenditures Personnel & benefits $ 161,953 $ 249,374 $ 87,421 54.0% Contracted services 1,024,056 1,196,121 172,065 16.8% Operating supplies & equip 763,991 707,345 (56,646) -7.4% Total Expenditures $ 1,950,000 $ 2,152, 840 202,840 10.4% Over/(Under) Change in fund balance $ (500, 000) $ (500, 000) (552, 840) $ (52, 840) (552, 840) (52, 840) The following describes major changes between fiscal years: Revenues 17% 11% Sales tax revenues - The anticipated bed tax revenue increase reflects anticipated revenues after two years of record actual revenues at about $1.9 million. The forecasted revenue for fiscal year 2024-2025 represents recent trends that, while still robust, are lower than actual revenues over the last two years. Staff continues to monitor data on hotel occupancy rates and revenues and may adjust the current forecast if deemed necessary. Marana Town Council Regular Meeting Agenda Packet Page 427 of 561 May 21, 2024 Expenditures Personnel & benefits - The increase is due to a new Tourism Marketing Specialist position and higher health premiums, performance pay and other adjustments. Contracted services - The increase is primarily attributed to higher tourism related advertising costs and marketing consulting services from the Bed Tax Fund. Operating supplies & equipment - The changes in operating costs represent budget appropriations for development agreement rebates. Also, $500,000 in restricted budget capacity was added to allow for the support of tourism related programs. These programs are not yet determined and, at a minimum, will require Town Manager approval. The restricted budget capacity is lower than last year accounting for the decrease shown in the table on the prior page. Marana Town Council Regular Meeting Agenda Packet Page 428 of 561 May 21, 2024 Highway User Revenue Fund The Highway User Revenue Fund (HURF) accounts for our portion of state shared taxes on the sale of gasoline, diesel fuels and other transportation related fees. A state constitutional restriction on the use of the highway user revenues requires that these funds be used solely for street and highway purposes within the public right-of-way. This shared gas tax is the primary source of revenue used for the maintenance of our transportation system. Summary of Highway User Revenue Fund Tentative Budget Fiscal Year 2025 FY2024 FY2025 Revenues Budget Tentative $ Change % Change Intergovernmental revenues $ 4,969,784 $ 4,651,037 $ (318,747) -6.4% Charges for services - 230,000 230,000 100.0% Investment income 110,000 110,000 - 0.0% Total Revenue $ 5,079,784 $ 4,991,037 $ (88,747) -1.7% Expenditures Contracted services $ 5,419,934 $ 6,554,154 $ 1,134,220 20.9% Operating supplies & equip 493,050 583,500 90,450 18.3% Capital outlay 852,044 978,522 126,478 14.8% Total Expenditures $ 6,765,028 $ 8,116,176 1,351,148 20.0% Over/(Under) Change in fund balance $ (1,685,244) $ (3,725,139) $ (1,439,895) (1,685,244) (3,125,139) (1,439,895) The following describes major changes between fiscal years: Revenues 85.4% 85.4% Intergovernmental revenues - The HURF shared revenue estimate (intergovernmental revenues) is based on H132483. This bill utilizes the annual Federal Census population estimate as the basis for allocating state shared revenues to the various cities and towns. The intergovernmental revenue estimate shown here is based upon a preliminary estimate prepared by Town staff based on prior year population estimates and anticipated revenue trends. Therefore, the revenue estimate presented in Marana Town Council ReguTar Meeting Agenda Packet Page 429 of 561 May 21, 2024 the summary on the previous page could still change as the League works to obtain additional information on this revenue source. Charges for Services - Amount represents 3rd party contributions to reimburse the Town during pavement preservation work, in lieu of the 31d party performing the work. Expenditures Contracted services - The increase is related to a large amount of the Town's pavement preservation work being carried over and performed in fiscal year 2024-2025, and due to increases to the pavement preservation budget and landscape services due to increased needs as the roadway system continues to grow. Work also continues to update the Town's Pavement Preservation Roadway Assessment which was last completed about five years ago. Operating supplies & equipment - Increases are related to higher operating costs such as fuel, small tools and equipment, utility costs and other supplies. Fiscal year 2024-2025 continues to include restricted funding for potential monsoon related damages or other emergency purchases in the amount of $200,000. Capital outlay - Capital outlay is primarily associated with the replacement and purchase of vehicles and equipment required to maintain the Town's roads and right-of-way. Fiscal year 2024-2025 requests include a number of vehicles and equipment, all of which are replacing existing aging equipment which are beyond their useful life. Changes in fund balance - Similar to the General Fund, HURF is structurally balanced with ongoing expenses financed with ongoing revenues. The reduction in fund balance is primarily due to one-time funding being used for the purchase of the vehicles and equipment mentioned above and restricted funding that may be used for potential monsoon -related damage or other emergency purchases. Marana Town Council Regular Meeting Agenda Packet Page 430 of 561 May 21, 2024 All Other Special Revenue Funds Other Special Revenue Funds include funds that account for a variety of grants and contributions including the Community Development Block and Affordable Housing grants, and public safety special revenue funds for the Town's Police Department and the Magistrate Court, including Racketeer Influenced and Corrupt Organizations Act funds (RICO), impound fees and various court fees, which are required to be kept in separate funds by Arizona Revised Statutes and grant agreements. Historically, the majority of revenues and expenses in these funds are provided by outside sources, with small amounts contributed by the General Fund to comply with grant matching requirements. Summary of All Other Special Revenue Funds Tentative Budget Fiscal Year 2025 FY2024 FY2025 Revenues Budget Tentative $ Change % Change Intergovernmental revenues $ 2,790,272 $ 2,790,272 $ - 0.0% Fines and forfeiture 74,100 78,500 4,400 5.9% Grants and contributions 533,877 622,568 88,691 16.6% Investment income 5,000 15,000 10,000 200.0% Miscellaneous revenues 10,000 10,000 - 0.0% Total Revenue 3,413,249 3,516,340 103,091 3.0% Expenditures Personnel & benefits $ 950,836 $ 1,048,553 $ 97,717 10.3% Contracted services 330,500 480,200 149,700 45.3% Operating supplies & equip 3,055,105 2,902,593 (152,512) -5.0% Capital outlay - 108,726 108,726 0.0% Total Expenditures $ 4,336,441 $ 4,540,072 $ 203,631 4.7% Over/(Under) $ (923,192) $ (1,023,732) $ (100,540) 10.9% Other sources and (uses) Transfers in 100,000 100,000 - 0.0% Total Other sources and (uses) 100,000 100,000 - 0% Change in fund balance (823, 792) (923,732) (100,540) 12.2% Marana Town Council Regular Meeting Agenda Packet Page 431 of 561 May 21, 2024 The following describes major changes between fiscal years: Revenues Intergovernmental revenues - These revenues account for both anticipated and unanticipated grant award revenues. Fiscal year 2024-2025 revenues have been adjusted to account for grant funding which is anticipated to be renewed while also including a reasonably healthy amount for unanticipated awards as we often experience both new awards and unanticipated additional funding allocations to existing awards. Funding from the Smart & Safe proposition is also accounted and expended out of this fund. Grants and contributions - The change is primarily related to the Town's direct participation in the Community Development Block Grants (CDBG), which will result in higher awards than received in the past in the form of a pass -through award distributed by Pima County. The fiscal year increase is primarily due to unspent revenues that are being carried forward to be spent in fiscal year 2024-2025. Expenditures Personnel & benefits - Costs here account for grant funded salaries and related costs associated with a variety of grants such as the Vehicle Theft Taskforce grant, Drug Enforcement Agency, High Intensity Drug Trafficking Area, Counter Narcotics Alliance and School Resource Officers (SRO). Amounts may fluctuate from one year to the next based on anticipated grant award funding availability. Amounts have been adjusted to reflect baseline amounts of anticipated grant award renewals and are adjusted throughout the year to reflect actual amounts awarded for each grant. Contracted services - Increase is primarily due to additional funding for Police Department expenditures of Smart & Safe proposition funding for new software and training needs. Operating supplies & equipment - The budget amount is primarily available for other unanticipated grants to allow the Town flexibility to accept grant awards that have may become available on a first - come, first -served basis during fiscal year 2024-2025. Also reflected in the increase is unspent CDBG funding which was carried forward to be spent in fiscal year 2024-2025. A portion of the budget is for anticipated ongoing expenses out of non -grant award funds. Capital outlay - The amount is related to carryover related to purchases that will not be completed until the new budget year. Funding for these purchases is provided through grant awards or other restricted sources. Marana Town Council Regular Meeting Agenda Packet Page 432 of 561 May 21, 2024 Capital Projects Funds The Town's Capital Projects Funds are utilized for many of the projects presented in the Town's Capital Improvement Plan. Capital Projects Funds include funds that account for impact fees, construction sales taxes (Transportation Fund and Downtown Reinvestment Fund), and funding provided by outside sources like the Pima Association of Governments, Pima County, and private parties to be utilized for the construction and acquisition of capital projects. Summary of Capital Projects Funds Tentative Budget Fiscal Year 2025 FY2024 FY2025 Revenues Budget Tentative $ Change % Change Sales tax revenues $ 11,167,867 $ 17,317,154 $ 6,149,287 55.1 Intergovernmental revenues 46,832,591 105,401,332 58,568,741 125.1 Licenses, fees & permits 1,795,684 3,642,836 1,847,152 102.9% Grants and contributions - 75,000 75,000 100.0% Charges for services - 1,232,526 1,232,526 100.0% Investment income 50,000 1,050,000 1,000,000 2000.0% Total Revenue 59,846,142 128,718,848 68,872,706 115.1% Expenditures Contracted services $ 425,000 $ 1,275,000 $ 850,000 200.0% Operating supplies & equip 827,238 827,238 - 0.0% Capital outlay 150,328,929 221,151,331 70,822,402 47.1 % Debt service 2,516,500 826,500 (1,690,000) -67.2% Total Expenditures $ 154, 097, 667 $ 224, 080, 069 69, 982,402 45.4% Over/(Under) $ (94,251,525) $ (95,361,221) $ (1,109,696) 1.2% Other sources and (uses) Transfers in 100,000 1,808,471 1,708,471 1708.5% Transfers out (2,083,950) (5,785,060) (3,701,110) 177.6% Bond proceeds 53,000,000 19,849,753 (33,150,247) -62.5% Total Other sources and (uses) 51,016,050 75,873,164 (35,142,886) -68.9% Change in fund balance (43,235,475) (79,488,057) (36,252,582) 83.8% Marana Town Council Regu car Meeting Agenda Packet Page 433 of 561 May 21, 2024 The following describes major changes between fiscal years: Revenues Sales tax revenues - The increase is primarily related to right sizing of conservative budget projections in the prior year across all funds in anticipation of a "soft -landing" happening during fiscal year 2024- 2025. As a result, revenues in the Transportation fund and half -cent sales tax funds were adjusted higher, based on current trends which forecast expanded construction activity as compared to prior year forecasts. Intergovernmental revenues - These revenues account for funding provided by outside sources including the Pima Association of Governments (PAG), the Regional Transportation Authority (RTA) and federal grants to be utilized for the construction and acquisition of capital projects. The increase reflects increased revenues from all these sources in fiscal year 2024-2025 for large projects such as the Tangerine Road Widening, Phase 2A project, and a number of interchange projects. Some projects are conditional on obtaining federal awards prior to commencing on the project(s). Licenses, fees & permits - This revenue is attributable to impact fees collected from the issuance of permits. Budgeted single family residential permits (SFR) for fiscal year 2023-2024 were anticipated to be significantly lower from the prior year because of high mortgage interest rates and continued uncertainty in the housing market. However, homebuilder incentives combined with strong demand resulted in the opposite impact on the market and to Town revenues. As such, fiscal year 2024-2025 were adjusted to reflect this new trend which will likely continue as interest rates retreat in the coming year. The Town's proximity to the highway along with land availability, should allow new single-family residential development to continue to be attractive in future fiscal years. Grants and contributions - These revenues are usually associated with TABY artwork grants awarded to the Town by the Pima Association of Governments (PAG) for artwork. The current award is related to artwork at Marana Airport. Transfers -in - Of the total amount being transferred, $300,000 reflects impact fee repayments of $2.40 million due to the Transportation Fund from the Wastewater Fund and from the Water and Wastewater impact fee funds, respectively, borrowed for the construction of the Water Reclamation facility. The remaining amount is related to funding being transferred from the General Fund to pay for the Tangerine Farms Road Extension project. Bond Proceeds - The amount reflects the estimated amount of bond or other financing that will be required to construct impact fee funded projects before impact fees generate adequate cash flow. The projects include the Tangerine TI Improvements, the Tangerine Farms Road Extension, and the Marana Road Traffic Interchange. Marana Town Council Regu�ar Meeting Agenda Packet Page 434 of 561 May 21, 2024 Expenditures Contracted services - Amounts here provide budget capacity for potential consulting fees and other yet to be determined development opportunities of the downtown area. Budget is primarily associated with payments under a development agreement that may materialize during fiscal year 2024-2025. All amounts are budgeted in the Downtown Reinvestment Fund, except for $150,000 which is included as budget capacity as part of the Town's public art policy. Operating supplies & eguipment - Costs here account for developer agreement reimbursements to Cottonwood Properties Inc. made from the Town's Transportation Fund. Amounts reimbursed are dependent on actual construction sales taxes collected within the development areas covered by the agreements. Capital Outlay - Costs account for a variety of Transportation, 3rd party (developer, federal award) and impact fee funded projects. Amounts may fluctuate from one year to the next based on a variety of factors, including funding availability, which projects were completed in prior years, and anticipated needs on Town infrastructure. Additional information on the projects included is available in the Town's Capital Improvement Plan included in this document. Debt Service - Costs reflect professional fees paid for the investment of cash out of the various capital projects funds and costs of issuance for new debt to be issued if deemed necessary. Transfers out -Amounts transferred from impact fees, Transportation fund and Half Cent Fund revenues toward the maintenance of debt service payments on financing used to construct Town infrastructure. The amounts reflect cash flows required for scheduled payments in early July of 2025 for the Series 2017B and Series 2024 debt. Marana Town Council Regular Meeting Agenda Packet Page 435 of 561 May 21, 2024 Debt Service Funds Debt service funds are used to account for the accumulation of resources for, and the payment of, general long-term principal and interest. The Town's funds account for the payments of several prior year debt issuances and refunding of revenue bonds. Funding, in the form of transfers in, is provided from a variety of sources including General Fund, Transportation, and Impact Fee Fund revenues. The Town issued new debt in the amount of $51.1 million Series 2024 Bonds for the construction of the Community and Aquatics Center and refunded Series 2013 and Series 2017C bonds resulting in net present value savings of $1.8 million. Amounts below fluctuate based on funding needs to maintain existing and new debt payments. Amounts also reflect refunded Series 2013 and 2017C bonds debt service payments being reported and serviced in the Water Reclamation fund commencing in fiscal year 2024-2025. Transfers -in are adjusted to reflect cash flows needed for the scheduled debt service payments due in July of 2025. Summary of Debt Service Funds Tentative Budget Fiscal Year 2025 FY2024 FY2025 Expenditures Budget Tentative $ Change % Change Debt Service $ 6,247,451 $ 9,087,464 $ 2,840,013 45.5% Total Expenditures $ 6,247,451 $ 9,087,464 2,840,013 45.5% Over/(Under) $ (6,247,451) $ (9,087,464) $ (2,840,013) 45.5% Other sources and (uses) Transfers in 6,360,436 8,108,347 1,747,911 27.5% Total Other sources and (uses) 6,360,436 8,108,347 1,747,911 27.5% Change in fund balance 112,985 (979,117) (1,092,102)-966.6% Marana Town Council Regular Meeting Agenda Packet Page 436 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Regu�ar Meeting Agenda Packet Page 437 of 561 May 21, 2024 SPECIAL DISTRICTS BUDGET SUMMARY MARANA l4r Marana Town Council Regular Meeting Agenda Packet Page 438 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Regular Meeting Agenda Packet Page 439 of 561 May 21, 2024 Special Taxing Districts (Districts) Special Taxing Districts include several Community Facilities Districts (CFDs) and the Tangerine Farms Road Improvement District (Tangerine ID). CFDs levy property taxes to pay for bonds issued to finance the acquisition and construction of public infrastructure benefiting the district and to pay costs of issuance related to the bonds and certain maintenance and operations costs. The Tangerine ID accounts for special assessments collected by the property owners of the district to pay for bonds issued to finance the acquisition and construction of infrastructure improvements and to pay costs of issuance related to the bonds. Summary of Special Taxing District Funds Tentative Budget Fiscal Year 2025 FY2024 FY2025 Revenues Budget Tentative $ Change % Change Property Taxes $ 2,435,494 $ 2,954,077 $ 518,583 21.3% Grants and contributions 2,020,059 1,729,002 (291,057) -14.4% Miscellaneous revenues 187,000 104,043 (82,957) -44.4% Total Revenue 4,642,553 4,787,122 144,569 3.1% Expenditures Contracted services $ 99,750 $ 134,750 $ 35,000 35.1 Operating supplies & equip 1,857,000 1,954,000 97,000 5.2% Capital outlay 4,500,000 7,800,000 3,300,000 73.3% Debt service 4,571,503 4,492,478 (79,025) -1.7% Total Expenditures $ 11,028,253 $ 14,381,228 $ 3,352,975 30.4% Over/(Under) Other sources and (uses) Bond proceeds Total Other sources and (uses) $ (6,385,700) $ (9,594,106) $ (3,208,406) 50.2% 4,850,000 8,500,000 4,850,000 8,500,000 3,650,000 75.3% 3,650,000 75.3% Change in fund balance (1,535,700) (1,094,106) 441,594 -28.8% Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 440 of 561 The following describes major changes between fiscal years: Revenues Property taxes - These revenues account for taxes levied on property owners within the boundaries of each CFD. The change is attributed to increases in property assessed valuations as compared to the prior fiscal year. Tax rates levied by the CFDs are not anticipated to change in fiscal year 2024-2025. Grants and contributions - These revenues account for special assessments charged to the property owners within the Tangerine ID. Amounts remain unchanged from the prior fiscal year. Miscellaneous revenues - These revenues account for potential developer contributions needed to cover debt service payment amounts beyond the max targeted tax rate of $2.50. Contributions are anticipated to cover planned shortages related to debt issued in prior fiscal years for the Gladden Farms, Phase II, CFD. Expenditures Operating supplies & equipment - Costs here account for the operations and maintenance of the Districts. The majority of the budget appropriation represents maintenance reserves for the Gladden Farms and Saguaro Bloom CFDs. Also, funds may be used toward the maintenance of District assets as allowed by an intergovernmental agreement between the corresponding District and the Town. Capital outlay - Costs account for the purchase of infrastructure paid through new debt financing issued by the Districts. There is a planned acquisition of eligible infrastructure for the Saguaro Bloom CFD. Budget capacity has also been included for possible acquisition of eligible infrastructure for the Gladden Farms, Phase II CFD. Debt service - Debt service payments remain fairly flat from the prior year. Funding is available to make scheduled payments for the Gladden Farms, Phase II and Saguaro Bloom CFDs and special assessment payments funded from property owners in the Tangerine Farms Road ID. Bond proceeds -Staff has added capacity for one debt issuance for the Saguaro Bloom CFD ($4.85 million) and one debt issuance for the Gladden Farms, Phase II CFD ($3.65 million). Marana Town Council Regular Meeting Agenda Packet Page 441 of 561 May 21, 2024 ENTERPRISE FUNDS BUDGET SUMMARY MARANA Marana Town Council Regular Meeting Agenda Packet Page 442 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Regu?ar Meeting Agenda Packet Page 443 of 561 May 21, 2024 Enterprise Funds Budget Summary Water Funds (Operating, Capital and Impact Fee) The primary revenues for the Water Operating Fund are for charges for water delivered and sold to customers. As such, it is set up and operates as a stand-alone enterprise fund. Impact fees are used for water capital improvement projects and debt service payments and thus are presented as part of the Water Enterprise Fund. Summary of Water Funds Tentative Budget Fiscal Year 2025 FY2024 FY2025 Revenues Budget Tentative $ Change % Change Charges for services $ 8,622,500 $ 9,685,592 $ 1,063,092 12.3% Intergovernmental revenues 328,000 2,636,000 2,308,000 703.7% Licenses, fees & permits 5,652,385 7,249,399 1,597,014 28.3% Grants and contributions 176,754 144,495 (32,259) -18.3% Investment income 100,000 100,000 - 0.0% Miscellaneous revenues 265,646 208,100 (57,546) -21.7% Total Revenue 15, 745,285 20,023,586 4,878,301 32.2% Expenditures Personnel & benefits $ 3,544,061 $ 3,792,917 $ 248,856 7.0% Contracted services 2,638,484 3,842,290 1,203,806 45.6% Operating supplies & equip 2,812,613 3,256,122 443,509 15.8% Capital outlay 27,491,737 35,771,757 8,280,020 30.1 Debt service 2,572,213 2,584,586 12,373 0.5% Total Expenditures $ 39, 059,108 $ 49, 247, 672 $ 10,188, 564 26.1 Over/(Under) $ (23,913,823) $ (29,224,086) $ (5,310,263) 22.2% Other sources and (uses) Transfers in 4,361,958 4,707,278 345,320 7.9% Transfers out (4,683,494) (5,280,307) (596,813) 12.7% Loan proceeds 21,273,043 23,060,492 1,787,449 8.4% Total Other sources and (uses) 20,951,507 22,487,463 1,535,956 7.3% Change in fund balance (2,962,316) (6,736,623) (3,774,307) 127% Marana Town Council Regu?ar Meeting Agenda Packet Page 444 of 561 May 21, 2024 The following describes major changes between fiscal years: Revenues Charges for services - Charges for services, or rate revenues are the main source of revenue for the Water Fund. Rate revenues are solely based on the existing rate structure plus new account growth. These rates were restructured and increased in January 2020, 2021, 2022, 2023 and 2024 based on a water rate study approved by Council. The increase in revenues includes a planned increase in rates as per the water study and anticipated account growth during the fiscal year. Intergovernmental revenues -Current year revenues include two WIFA grants to be used toward phase II of the recharge basins, and meter replacement. License fees & permits - Changes in this revenue source are related to anticipated increases in inspections and impact fee collections associated with the significant increase in new home construction in benefit areas served by the Town's utility. Miscellaneous revenues - The amount in this category represents administrative related revenues for resources expended by the Water Fund in the operation of water reclamation facilities and possible developer contributions. Transfers in - Amounts are associated with transfers from the General Fund to the Water Fund and the Water Impact Fee fund for WIFA debt service payments for the WIFA loans and for intra-fund transfers for the funding of water capital projects. Loan proceeds - Loan proceeds have been included for the funding of projects and water resource acquisitions if those become available during the fiscal year as impact fee cash flows might not be available when needed. Also included are WIFA loans awarded in the prior fiscal year, which are drawn down on a reimbursement basis during the construction of projects which will be ongoing in fiscal year 2024-2025 and for possible new debt issuances for impact fee related projects if the need arises to have those project commence prior to adequate impact fee cash flow availability. Expenditures Personnel & benefits - The increase is primarily attributed to higher health premiums, performance pay and other adjustments. These increases include the addition of a new Water Billing Specialist position which converts a term limited temporary Billing Specialist to a permanent position to help continue to provide quality service to customers. Contracted services and Operating supplies and equipment - This category includes the majority of the Water Fund's maintenance and rehabilitation programs. Increase is primarily attributed to higher electricity and CAP and CAGRD fees, while also including higher costs for operating supplies and other operating needs (printing, postage, annual software service, etc.) and funding for a federally Marana Town Council Regular Meeting Agenda Packet Page 445 of 561 May 21, 2024 mandated Risk and Resiliency Assessment. A WIFA grant awarded for the replacement of meters is also included in the amount of $1.1 million. Capital outlay - This category includes the purchase and replacement of vehicles and equipment necessary to provide services as well as water related capital improvement projects. Several projects are included such as the Northwest Recharge and Recovery Distribution System (NWRRDS) as well as, impact fee funding capacity if the opportunity arises to make new renewable water acquisitions. The department has also secured WIFA loans and grants to help pay for some of the capital projects. A significant portion of these loans is forgivable (i.e. $4 million of $5.5 million to be borrowed). For more details, please refer to the Town's Capital Improvement Plan. Change in Fund Balance The Water Operating Fund is structurally balanced with ongoing expenses financed with ongoing revenues. One of the goals of the recent Council approved rate study in fiscal year 2020-2021 was to establish and maintain adequate reserves to provide for 90 days of operations and maintenance expenses. As such, revenues in excess of expenses will be used for that stated purpose. Amounts over adequate reserves may also be deployed toward one-time projects and programs. The fund has established and plans to maintain the above stated reserves. The Water Operating Fund budget includes a deficit balance. The deficit in the current operating budget consists of funding for many projects including $2.9 million for the NWRRDS project. Marana Town Council Reg Yar Meeting Agenda Packet Page 446 of 561 May 21, 2024 Water Reclamation Funds (Operating, Capital & Impact Fee) The primary revenues for the Water Reclamation Operating Fund are for customer charges to deliver and treat sewer flows at the north Marana Water Reclamation Facility. The primary customers are outside of the organization. As such, it is set up and operates as a stand-alone enterprise fund. Impact fees are used for water reclamation capital improvement projects and debt service payments and thus are presented as part of the Water Reclamation Enterprise Fund. Summary of Water Reclamation Funds Tentative Budget Fiscal Year 2025 Revenues FY2024 Budget FY2025 Tentative $ Change % Change Charges for services $ 3,070,105 $ 3,645,407 $ 575,302 18.7% Intergovernmental revenues - 1,250,000 1,250,000 100.0% Licenses, fees & permits 2,541,998 3,419,078 877,080 34.5% Grants and contributions 30,227 25,439 (4,788) -15.8% Investment income 25,000 16,854 (8,146) -32.6% Miscellaneous revenues 12,950 12,950 - 0.0% Total Revenue 5,680,280 8,369,728 2,689,448 47.3% Expenditures Personnel & benefits $ 780,944 $ 847,840 $ 66,896 8.6% Contracted services 1,333,077 1,656,800 323,723 24.3% Operating supplies & equip 438,012 580,623 142,611 32.6% Capital outlay 18,570,828 28,084,934 9,514,106 51.2% Debt service 866,981 2,465,530 1,598,549 184.4% Total Expenditures $ 21, 989, 842 $ 33, 635, 727 $ 11, 645, 885 53.0% Over/(Under) $ (16,309,562) $ (25,265,999) $ (8,956,437) 54.9% Other sources and (uses) Transfers in 2,846,645 4,712,662 1,866,017 65.6% Transfers out (3,445,485) (3,353,259) 92,226 -2.7% Total Other sources and (uses) (598,840) 1,359,403 1,958,243 -327.0% Change in fund balance (16,908,402) (23,906,596) (6,998,194) 41.4% Marana Town Council ReguYar Meeting Agenda Packet Page 447 of 561 May 21, 2024 The following describes major changes between fiscal years: Revenues Charges for services - Charges for services, or rate revenues are the main sources of revenue for the Water Reclamation Fund. Rate revenues are solely based on new account growth and rates charged to customers. These rates were increased in January 2020, 2021, 2022, 2023 and 2024 based on a waste water rate study approved by Council. The increase in revenues is primarily due to the final increase in rates in January 2025, as well as increased account growth from new home construction. Intergovernmental revenues - Current year revenues include a WIFA grant to be used toward phase II of the recharge basins project. Licenses permits & fees - This revenue is primarily comprised of impact fees. The change is anticipated due to increased new home construction in benefit areas served by the Town's utility over the next fiscal year. Investment income - Investment revenues are projected to decrease as we anticipate lower interest rates in the upcoming year. Expenditures Personnel & benefits - Funding is included for performance pay and other adjustments and higher health premiums. Contracted Services - The increase is attributed to higher operating costs, such as hauling away biosolids and vector control, and due to a number of studies including the SCADA Master plan, the Sewer Master Plan update and a federally mandated Risk and Resilience Assessment. Operating supplies and equipment - This category accounts for the majority of costs to operate the water reclamation facility. The increase is attributed to higher operational costs due primarily to increased electricity consumption. The plant is processing greater quantities of waste water which is in line with the increased customer base. Capital outlay - In the operating fund, this category includes the purchase and replacement of vehicles, equipment, and infrastructure necessary to provide services. In the capital and impact fee funds, this category includes budget for capital improvement projects. The overall increase is associated with funding for capital projects in fiscal year 2024-2025 and reflects anticipated cost increases for the sewer conveyance system expansion and the water reclamation plant expansion which is necessary to sustain growth and new housing developments. Funding for the Marana Town Council Regular Meeting Agenda Packet Page 448 of 561 May 21, 2024 projects is provided through a combination of user rates, grant awards and impact fee funds. Additional information is available in the Capital Improvement Plan section in this document. Debt service - The fiscal year budget includes projected debt service on the portions of the 2017 Series bonds attributable to the WRF expansion to 1.5MGD as well as WIFA loans for repairs to the collections system in the Adonis neighborhood. During the second half of fiscal year 2023-2024 the Town refunded Series 2013 and Series 2017C bonds which were issued in relation to water reclamation assets. These refunded Series were being paid out of governmental debt service funds. Commencing with fiscal year 2024-2025, the refunded Series 2024 related to these prior debt issuances will now be reported in the Water Reclamation fund to better align the liability with the assets acquired through the debt issuance. Money to fund these debt service payments will continue to be allocated from the applicable impact fee funds as before the refunding. Transfers -out - Amounts transferred reflect funding from the Water Operating Fund to the Water Capital Fund for the North Marana Sewer Interceptor project. Change in Fund Balance The Water Reclamation Operating Fund is structurally balanced with ongoing expenses financed with ongoing revenues. One of the goals of the recent Council approved rate study in fiscal year 2020-2021 was to establish and maintain adequate reserves to provide for 60 days of operations and maintenance expenses. As such, revenues in excess of expenses will be used for that stated purpose. Amounts over adequate reserves may also be deployed toward one-time projects and programs. The fund has established and plans to maintain the above stated reserves. The current anticipated fund balance includes unspent transfers into the Water Reclamation Capital Fund in fiscal year 2022-2023 to be used toward the multi -year sewer conveyance system expansion project. The Water Reclamation Operating Fund budget includes a deficit balance. The deficit in the current operating budget consists of funding for several projects including a screw press at the water reclamation plant to add needed redundancy in the system. Marana Town Council Regular Meeting Agenda Packet Page 449 of 561 May 21, 2024 Airport Funds (Operating and Capital) The primary revenues for the Airport Operating Fund are for customer charges for facility or ground lease revenues, open tie -down permits and fueling fees for planes at the airport. The primary services are to customers outside of the organization. As such, it is set up and operates as a stand-alone enterprise fund. Federal and State grants, matched by Town funding, are used for airport capital improvement projects as grant awards become available and accepted by Council. Summary of Airport Funds Tentative Budget Fiscal Year 2025 FY2024 FY2025 Revenues Budget Tentative $ Change % Change Charges for services $ 347,672 $ 368,551 $ 20,879 6.0% Intergovernmental revenues 7,027,142 15,550,342 8,523,200 121.3% Miscellaneous revenues 2,000 2,000 - 0.0% Total Revenue 7,376,814 15,920,893 8,544,079 115.8% Expenditures Personnel & benefits $ 324,362 $ 437,730 $ 113,368 35.0% Contracted services 254,950 259,850 4,900 1.9% Operating supplies & equip 67,850 76,925 9,075 13.4% Capital outlay 7,690,523 16,330,154 8,639,631 112.3% Total Expenditures $ 8,337,685 $ 17,104, 659 $ 8,766,974 105.1 Over/(Under) Other sources and (uses) Transfers in Total Other sources and (uses) $ (960,871) $ (1,183,766) $ (222,895) 23.2% 960,871 1,183,766 222,895 23.2% 960,871 1,183,766 222,895 23.2% Change in fund balance - - - 0.0% Marana Town Council Regular Meeting Agenda Packet May 21, 2024 Page 450 of 561 The following describes major changes between fiscal years: Revenues Charges for services - This revenue source is comprised of air hangar leases, fuel charges, and open tie -downs. Revenues are anticipated to increase slightly primarily due to higher fuel charges. Intergovernmental revenues - This revenue source is primarily comprised of federal and state grants awards, which are to be used toward airport capital improvement projects along with cash match funding from the Town. Miscellaneous revenues - Miscellaneous revenues are unchanged due to the discontinued use of the airport ramp for non -aeronautical activities in accordance with Federal regulations. Transfers in - The budgeted transfer in fiscal year 2024-2025 represents what may likely be an ongoing, operating subsidy from the General Fund as the airport does not generate adequate revenues to support the needs of an airport with significantly aged infrastructure and large capital improvement needs. Continued planning and coordination efforts with the Economic Development Department will hopefully improve the airport's ability to generate adequate revenues in the future. Overall, for both operating and capital funds, transfers increased from the prior fiscal year to help cover operating costs and matching funds for capital projects provided by the Town. Expenditures Personnel & benefits - The change is associated with higher health premiums and performance pay and other adjustments along with the addition of a new Maintenance Associate II position. Contracted services and Operating supplies & equipment - The change is associated with increased maintenance and operating costs, including higher insurance, vehicle maintenance and fuel costs. There are no large non -capital facilities projects budgeted for fiscal year 2024-2025. Capital outlay - The change is primarily associated with anticipated airport capital improvement projects, conditional on funding availability by Federal or State sources. Projects include the continuation of the multi -year Control Tower project. More details on all the projects are available in the Capital Improvement Plan section in this document. Marana Town Council Regular Meeting Agenda Packet Page 451 of 561 May 21, 2024 INTERNAL SERVICE FUNDS BUDGET SUMMARY MARANA AZ Marana Town Council Regular Meeting Agenda Packet Page 452 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Regu�ar Meeting Agenda Packet Page 453 of 561 May 21, 2024 Internal Service Funds Internal Service funds account for the Town's self -insured medical, dental and vision benefits for the Town's employees. Summary of Internal Service Funds Tentative Budget Fiscal Year 2025 Revenues FY2024 Budget FY2025 Tentative $ Change % Change Miscellaneous revenues $ 5,696,168 $ 6,21 1,485 $ 515,317 9.0% Total Revenue 5,696,168 6,211,485 515,317 9.0% Expenditures Contracted services $ 720,640 $ 758,440 $ 37,800 5.2% Operating supplies & equip 4,975,528 5,453,045 477,517 9.6% Total Expenditures $ 5,696,168 $ 6,211,485 $ 515,317 9.0% Over/(Under) $ - $ - $ - 0.0% Change in fund balance - - - 0.0% The following describes major changes between fiscal years: Revenues Miscellaneous revenues - These revenues are comprised of employee and employer premiums. Increases in revenues are associated with new employee positions, plan enrollment changes and an increase of 4.1 % to premiums. Expenditures Contracted services - Costs are primarily increasing due to higher fixed costs for administration and stop -loss fees. Operating supplies & equipment - Costs here account for medical, dental and vision claims. Fiscal year 2024-2025 increases are primarily related to industry related trends and inflation factors. Marana Town Council Regular Meeting Agenda Packet Page 454 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Regular Meeting Agenda Packet Page 455 of 561 May 21, 2024 DEPARTMENT BUDGET SUMMARIES MARANA Marana Town Council Regu�ar Meeting Agenda Packet Page 456 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Regu�ar Meeting Agenda Packet Page 457 of 561 May 21, 2024 Department Summary I Mayor & Town Council MAYOR & TOWN COUNCIL Community Intergovernmental Outreach Relations Overview Policy Development The Marana Town Council is committed to providing its residents with a high standard of living through a combination of policy development, efficient municipal services, and progressive community planning. Council's actions are based on solid values, uncompromising integrity, and servant leadership for the community. Fiscal Year 2023-24 Accomplishments • Adopted a structurally balanced opeating budget. • Adopted a 2024 Arizona Legislative Session Policy Priority Program. • Created the Marana Civic Committee to increase citizen engagement efforts. • Participated in a Council Retreat to identify new policy goals and methods to achieve these goals. Fiscal Year 2024-25 Goals & Objectives • Ensure the use of the Strategic Plan in the development of the annual budget. • Identify and support legislative priorities. • Ensure that Marana remains a safe, clean, and healthy community. • Continue to develop, foster, and maintain relationships with Federal, State, County, and local partners. Marana Town Council Regular Meeting Agenda Packet Page 458 of 561 May 21, 2024 Department Summary I Mayor & Town Council Promote and increase ►own Key Performance Indicators n tnrougnout the stare. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Number of regional and statewide committees with N/A 8 8 ✓ 8 council member participation ✓ - X Target Not Met N/A - New/Previous Measure Committees: Arizona Association of Economic Development Arizona League of Arizona Cities and Towns Executive Board Pima Association of Government Board Regional Transit Authority Board Sun Corridor Board Cortaro-Marana Irrigation District Board Cortaro Water Users' Association Board Metropolitan Pima Alliance Marana Town Council ReguTar Meeting Agenda Packet May 21, 2024 Page 459 of 561 Department Summary I Mayor & Town Council Staff Summary: Town Council does not have any FTE's. Town Council members are paid a stipend and are eligible to receive benefits. Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 General Fund $342,491 $387,745 $400,486 $12,741 Total Budget $342,491 $387,745 $400,486 $12,741 Change FY2023 FY2024 FY2025 FY2024to Expenditures by Category Actual Adopted Tentative FY2025 Personnel & Benefits $322,979 $327,704 $340,005 $12,301 Contracted Services 12,399 41,556 41,756 200 Operating Supplies & Equipment 7,113 18,485 18,725 240 Total Budget $342,491 $387,745 $400,486 $12,741 Budget Notes and Significant Changes 1 The Mayor & Town Council budget is virtually unchanged from the prior year. Marana Town Council Regular Meeting Agenda Packet Page 460 of 561 May 21, 2024 Department Summary I Town Manager TOWN MANAGER Administration Community Council Support Outreach Support & Staff Oversight Services Constituency Overview The Town Manager's Office, under the policy and direction of the Town Council, provides oversight, support and coordination of administrative activities across the Town. The Manager's Team provides leadership and vision to town staff for the benefit of the entire Marana community. Using the Strategic Plan, we implement successful strategies to tackle the challenges and growth in the Town. The Manager's Team promotes responsiveness and efficient policies and procedures to ensure the highest quality of life for residents and businesses. The Manager's Team believes in strong partnerships with our business and development communities, our neighboring municipalities, and various interest groups in the area. We are committed to providing the highest level of customer service and effective solutions to complex changes. The Manager's Team will never compromise our integrity or the public's trust. Fiscal Year 2023-24 Accomplishments • Maintained a structurally balanced budget and strengthened the Town's financial position. • Provided quarterly Strategic Plan 5 progress updates to Town Council and the public. • Onboarded a new Cultural Heritage Specialist who is leading heritage -related efforts. • Hosted a Council Retreat to establish and identify new policy priorities and how to achieve them. • "Real Talk with the Town" podcast received a Silver Circle Award from the City -County Communications & Marketing Association. Fiscal Year 2024-25 Goals & Objectives • Maintain a structurally balanced budget that advances the priorities identified in Strategic Plan 5. • Continue implementation of Strategic Plan 5 performance management dashboard to ensure progress towards meeting identified goals. • Continue implementation of the Marana 2040 General Plan, including the various master plans and studies described within the plan. • Continue expansion and enhancement of social media platforms and engagement. • Successfully launch new Town website that will better serve local government needs and improve resident outreach. Marana Town Council Regular Meeting Agenda Packet Page 461 of 561 May 21, 2024 Department Summary I Town Manager Key Performance Indicators Invite citizen involvement and deliver transparent and timely distribution of information through a variety of innovative platforms. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Percentage of customer satisfaction rating of "Very ✓ Satisfied" or "Satisfied" for Communications services N/A 65% 94% 75% Total number of new Town Newsroom subscribers N/A 600 449 x 600 Community outreach and educational videos produced in-house N/A 115 118 120 Total number of podcast plays per year N/A 10,000 7,242 x 10,000 Target Met x Target Not Met N/A -New/ Previous Measure Marana Town Council Regular Meeting Agenda Packet Page 462 of 561 May 21, 2024 Department Summary I Town Manager Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 8.50 9.00 10.00 1.00 of town's FTEs 2.10% Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 General Fund $1,473,620 $1,600,517 $1,678,187 $77,670 Total Budget $1,473,620 $1,600,517 $1,678,187 $77,670 Change FY2023 FY2024 FY2025 FY2024to Expenditures by Category Actual Adopted Tentative FY2025 Personnel & Benefits $1,132,492 $1,262,709 $1,364,537 $101,828 Contracted Services 255,625 237,452 184,050 (53,402) Operating Supplies & Equipment 85,503 100,356 129,600 29,244 Total Budget $1,473,620 $1,600,517 $1,678,187 $77,670 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to the Cultural Heritage Specialist being converted from a part-time to a full time position, as well as increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024- 2025. Also, a communications position that was shared with the Bed Tax Fund is now fully budgeted to be paid out of the General Fund. 2 Contracted Services - Decrease is primarily associated one-time funding included in the prior year budget for an update to the Town's website platform, which will be completed in the first half of fiscal year 2024-2025. 3 Operating Supplies & Equipment - Increase is primarily associated with one-time funding for the update of the Town's strategic plan. (1) (2) (3) Marana Town Council Regular Meeting Agenda Packet Page 463 of 561 May 21, 2024 Department Summary I Town Clerk TOWN CLERK Council Elections Records Management Overview Community L_11111111110111111i The Town Clerk's Office is driven to serve, preserve, and enrich our community. We do this through proactively serving Marano residents, the Town Council, and Town staff; carefully preserving the Town's cherished heritage and records for future generations; timely providing access to public meetings, documents, and information; and fairly and impartially overseeing Town elections in accordance with the law. Fiscal Year 2023-24 Accomplishments • Two members of the Town Clerk's Office became State -certified election officials and made several preparations for the upcoming 2024 Town Council/Mayoral election. These preparations included creating a new candidate handbook, providing training to Clerk's Office staff, and revamping the Town's election webpages. • The Town Clerk's Office has steadily and consistently processed records filing and retention throughout the fiscal year to date, including by appropriately preserving documents of legal and historical value. • The Town Clerk's Office has consistently processed and published Town Council agendas well before the statutory deadline, and recently spearheaded the preparation of an 822- page agenda packet - the largest packet since the Town was incorporated in 1977 - and published it within its normal publishing timeframes. • From the beginning of the fiscal year until the present (January, 2024), the Town Clerk's Office has professionally and timely processed over 300 public records requests. Fiscal Year 2024-25 Goals & Objectives • Encourage electoral confidence by providing fair and impartial election information and by fairly and impartially overseeing the 2024 Marano Town Council/Mayoral election. • Update the Town's list of essential records across Town departments and improve overall coordination with department records liasons regarding records management. • Implement greater access to Council meetings through the implementation of closed captioning video services. Marana Town Council Regu?ar Meeting Agenda Packet Page 464 of 561 May 21, 2024 Department Summary I Town Clerk Key Performance Indicators Elevate the Town's public service by providing timely public access to Town information. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Percentage of agendas and notices posted in 100% 100% 100% ✓ 100% compliance with state law Percentage of public records requests acknowledged ✓ within 24 hours (excluding weekends/holidays) 95% 100% 100% 100% Percentage of draft Council and Community Facility District minutes with little to no modification prior to N/A 90% 90% ✓ 90% Council adoption ✓ Target Met k Target Not Met N/A - New/Previous tAeasure Marana Town Council Regular Meeting Agenda Packet Page 465 of 561 May 21, 2024 Department Summary I Town Clerk Change FY2023 FY2024 FY2024to Staff Summary Actual Adopted FY2025 Tentative FY2025 Full-time Equivalents 5.00 5.00 5.00 - % of town's FTEs 1.05% Change FY2023 FY2024 FY2024to Expenditures By Fund Actual Adopted FY2025 Tentative FY2025 General Fund $487,261 $570,215 $606,742 $36,527 Total Budget $487,261 $570,215 $606,742 $36,527 Change FY2023 FY2024 FY2024to Expenditures by Category Actual Adopted FY2025 Tentative FY2025 Personnel & Benefits $376,582 $459,825 $488,172 $28,347 Contracted Services 102,340 40,270 96,050 55,780 Operating Supplies & Equipment 8,339 10,120 22,520 12,400 Restricted - 60,000 - (60,000) Total Budget $487,261 $570,215 $606,742 $36,527 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. 2 Contracted Services - Increases to contracted services are primarily related to the upcoming elections in fiscal year 2024-2025, which happen every other year. 3 Operating Supplies & Equipment - Increases are related to one-time funding for the replacement of equipment that have reached their end of life. 4 Restricted Bum - Available to ensure adequate capacity exists for elections outside the normal election cycles. Budget is appropriated in non -election years. (1) (2) (3) (4) Marana Town Council Regu Ear Meeting Agenda Packet Page 466 of 561 May 21, 2024 Department Summary I Human Resources HUMAN RESOURCES Benefits & Organizational Wellness Development Recruitment Classification Compensation Overview Safety & Occupational Health The Human Resources Department goal is to support and advance the Town of Marana by attracting, hiring, retaining, and developing those that align with our culture and values while enhancing workplace culture and employee engagement. Fiscal Year 2023-24 Accomplishments • Completed Compensation Study. • Updated job descriptions. • Established Supervisor Academy. • Revised Administrative and Safety Directives. • Improved existing processes. Fiscal Year 2024-25 Goals & Objectives • Implement paperless processes. • Implement New Learning Management System. • Enhance training and development opportunities. • Conduct Internal Compliance Audits. • Improve existing processes. Marana Town Council ReguYar Meeting Agenda Packet Page 467 of 561 May 21, 2024 Department Summary I Human Resources Key Performance Indicators Foster a workplace culture that attracts, retains, and motivates a talented workforce. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Percentage of employees who rate overall workplace 78% 70% 85% ✓ 80% culture as positive; agree and strongly agree Percentage of employees who feel the organization ✓ invests in their development; agree and strongly agree 74% 70% 73% 75% Percentage of employees who feel they are adequately prepared to compete for internal promotions when N/A 70% TBD TBD 80% available; agree and strongly agree X Target Not Met N/A - New/Previous Measure Marana Town Council Regular Meeting Agenda Packet Page 468 of 561 May 21, 2024 Department Summary I Human Resources Change FY2023 FY2024 FY2024to Staff Summary Actual Adopted FY2025 Tentative FY2025 Full-time Equivalents 12.00 13.00 14.00 1.00 % of town's FTEs 2.94% Change FY2023 FY2024 FY2024to Expenditures By Fund Actual Adopted FY2025 Tentative FY2025 General Fund $1,387,503 $1,772,626 $2,195,874 $423,248 Total Budget $1,387,503 $1,772,626 $2,195,874 $423,248 Expenditures by Category FY2023 Actual FY2024 Adopted FY2025 Tentative Change FY2024to FY2025 Personnel & Benefits $1,125,500 $1,452,879 $1,706,315 $253,436 Contracted Services 84,601 132,488 258,376 125,888 Operating Supplies & Equipment 146,457 187,259 225,183 37,924 Capital Outlay 30,945 - - - Restricted Budget - - 6,000 6,000 Total Budget $1,387,503 $1,772,626 $2,195,874 $423,248 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed a new HR Manager position and increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. 2 Contracted Services - Increases are primarily attributed to funding provided for new organizational development software and for continuing education and training needs. 3 Operating Supplies & Equipment - Increases primarily due to higher expenses for employee recognition programs, health safety needs and for one-time funding for furniture and equipment for new HR Manager position. (1) (2) (3) Marana Town Council Regular Meeting Agenda Packet Page 469 of 561 May 21, 2024 Department Summary I Finance FINANCE Treasury Accounting Budget & Management Administration Research Procurement Sales Tax & Audit Overview The Finance Department provides financial support services throughout the Town including accounting, fiscal planning, treasury services, cash receipts, purchasing, accounts payable, payroll, debt management, development and monitoring of the annual operating budget, establishing and monitoring internal controls, preparing the Comprehensive Annual Financial Report, facilitating external audits and independent reviews and grant management. Fiscal Year 2023-24 Accomplishments • Received the 16th consecutive Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA). • Received the Certificate of Excellence in Financial Reporting for the GFOA for the 15th consecutive year. • Participated in the successful implementation of a new water billing system. • Issued new debt to finance the construction of the Town's Community and Aquatics Center and refunded existing eligible debt generating savings of approximately $1.8 million. Fiscal Year 2024-25 Goals & Objectives • Receive the Distinguished Budget Presentation Award from the GFOA. • Receive the Certificate of Excellence in Financial Reporting from the GFOA. • Implement a new business licensing software system. • Assist with the implementation of the Town's new permitting system. Marana Town Council Regular Meeting Agenda Packet Page 470 of 561 May 21, 2024 Department Summary I Finance Key Performance Indicators Receive a clean audit opinion without any findings or questioned costs. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Unmodified audit opinion in financial statements by ✓ ✓ ✓ ✓ ✓ external CPA firm Invest idle cash to achieve best investment results considering safety, liquidity and yield. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Compliance with Town investment and financial policies ✓ ✓ ✓ ✓ ✓ Provide detailed and transparent financial information to the public about the use of public resources. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Receipt of GFOA Certificate of Achievement for ✓ ✓ ✓ ✓ ✓ Excellence in Financial Reporting Receipt of GFOA Distinguished Budget Presentation ✓ ✓ ✓ ✓ ✓ Award Target Met X Targot Not Mtt N/A- New/Previous Measure Marana Town Council Regular Meeting Agenda Packet Page 471 of 561 May 21, 2024 Department Summary I Finance Change FY2023 FY2024 FY2024to Staff Summary Actual Adopted FY2025 Tentative FY2025 Full-time Equivalents 17.00 17.00 19.00 2.00 % of town's FTEs 3.99% Change FY2023 FY2024 FY2024to Expenditures By Fund Actual Adopted FY2025 Tentative FY2025 General Fund $1,549,363 $1,898,127 $2,293,277 $395,150 Total Budget $1,549,363 $1,898,127 $2,293,277 $395,150 Expenditures by Category FY2023 Actual FY2024 Adopted FY2025 Tentative Change FY2024to FY2025 Personnel & Benefits $1,387,008 $1,666,192 $2,042,542 $376,350 Contracted Services 124,569 134,235 184,870 50,635 Operating Supplies & Equipment 30,934 7,700 15,865 8,165 Capital Outlay 6,852 - - - Restricted - 90,000 50,000 (40,000) Total Budget $1,549,363 $1,898,127 $2,293,277 $395,150 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to a new Accountant and a new License & Tax Specialist position and increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. 2 Contracted Services - Increases primarily to higher audit costs and for new contract management software costs, offset by lower advertising costs. 3 Operating Supplies & Equipment - Increases for equipment and supplies for two new FTEs being added to the department. 4 Restricted - Budget capacity to be used toward the implementation of new budget interactive software. Marana Town Council Regular Meeting Agenda Packet Page 472 of 561 May 21, 2024 Department Summary I Legal LEGAL Civil Legal Criminal Services Prosecution Overview The Marana Legal Department provides superior legal services to ensure that the Town is a safe, sustainable community with a high quality of life, now and in the future. We strive to achieve justice and to protect the Town by developing sound legal direction and strategies, protecting victims' rights, upholding the law with fairness and integrity, and maintaining a strong work ethic. The Legal Department provides legal advice to the Mayor and Council, the Town Manager's Office and all Town departments, and directly or through outside counsel represents the Town in litigation. The Legal Department also prosecutes misdemeanor offenses and Town Code violations committed within the Town limits, working closely with the Police Department and Marana Municipal Court. Fiscal Year 2023-24 Accomplishments • Completed Town Procurement Manual to assist Finance/Procurement and other Town departments with the procurement process from start to finish. • Drafted and assisted with implementation of design and construction contracts for the new Marana Community and Aquatics Center. • Drafted amendments to the Town Code to regulate transitional housing within the Town, including regulation of sober living homes. • Assisted Development Services Department in all legal aspects related to annexation of Marana Pumpkin Patch into the Town. • Provided top-quality municipal criminal and code enforcement, including efficiently and fairly handling 557 criminal prosecutions, 5 appeals, 2 special actions, 2 aggressive dog designation cases, and 6 code enforcement cases in the first 7 months of FY2024. Fiscal Year 2024-25 Goals & Objectives • Assist the Water Department with implementation of the Water Resources Master Plan Update, including assisting with legal aspects of water acquisitions. • Assist the Airport with all legal aspects of funding and construction of the new Air Traffic Control Tower. • Continue to provide top-quality municipal criminal prosecution services, by ethically and efficiently prosecuting cases with the goal of achieving justice, and protecting victims' legal rights. • Continue to assist with all legal aspects of construction, opening, and operation of the new Marana Community and Aquatics Center. Marana Town Council Regu�ar Meeting Agenda Packet Page 473 of 561 May 21, 2024 Department Summary I Legal Provide legal advice and direction regarding major Town CIP projects, including Tangerine Road, Twin Peaks Road, Tangerine/1-10 interchange, Marana Rd./1-10 interchange and general implementation of the Traffic Master Plan. Marana Town Council Regu?ar Meeting Agenda Packet Page 474 of 561 May 21, 2024 Department Summary I Legal Key Performance Indicators Efficiently and effectively prosecute misdemeanor cases. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Percentage of cases with initial victim notices sent out X 100% by first pretrial conference 100% 98% 100% Ratio of cases disposed to cases filed 92% 90% 105% ✓ 90% Provide timely and accurate legal advice to the Town. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Percentage of successful outcomes in personnel matters 100% 95% 100% ✓ 95% Percentage of ordinances/resolutions drafted within 30 88% 90% 88% X 90% days of request X Target Not Met N/A - New/Previous Measure Marana Town Council Regular Meeting Agenda Packet Page 475 of 561 May 21, 2024 Department Summary I Legal Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 9.00 9.00 9.00 - of town's FTEs 1.89% Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 General Fund $1,075,702 $1,244,565 $1,348,734 $104,169 Total Budget $1,075,702 $1,244,565 $1,348,734 $104,169 Change FY2023 FY2024 FY2025 FY2024to Expenditures by Category Actual Adopted Tentative FY2025 Personnel & Benefits $968,623 $1,025,067 $1,153,278 $128,211 Contracted Services 101,983 214,098 189,756 (24,342) Operating Supplies & Equipment 5,096 5,400 5,700 300 Total Budget $1,075,702 $1,244,565 $1,348,734 $104,169 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. 2 Contracted Services - Decreased related to archiving software that was implemented in the prior year, offset by increases for professional legal services. Marana Town Council RegRr Meeting Agenda Packet Page 476 of 561 May 21, 2024 Department Summary I Technology Services TECHNOLOGY SERVICES Infrastructure_L-� Applications i Overview The Technology Services Department provides Town departments with the leadership, skills and technology infrastructure that enable the effective, secure, and efficient use of technology solutions in support of the vision, principles and strategic goals of the Town of Marana. Fiscal Year 2023-24 Accomplishments • Implemented Microsoft Exchange 365 e-mail system and Office 365 software upgrade, including Teams chat and meetings. • Selected CityView as the Town's new permitting and licensing system; implementation project is in progress with July 2025 launch date. • Adopted Infosec IQ as the Town's cybersecurity training platform to educate Town staff on ways to mitigate the threat of phishing and other cybersecurity attacks. • Developed an IT strategic plan for the department to align with the Town's Strategic Plan 5 focus areas and goals. Fiscal Year 2024-25 Goals & Objectives • Drive the CityView permitting and licensing system implementation project to maintain the July 2025 launch date. • Adopt a formal administrative directive to establish asset management requirements for Parks and Recreation, Public Works and Water departments. • Implement a standard for CAD as -built submittals to automate GIS data entry processes for ArcGIS, Cartegra ph, Survey123 integration. • Create a year-round cybersecurity training program to educate Town staff on effectively mitigating cybersecurity threats. • Redesign the Town's network and continue adoption of cloud computing services to enable new advances in the Town's services and ensure business continuity and disaster recovery capabilities. Marana Town Council ReguYar Meeting Agenda Packet Page 477 of 561 May 21, 2024 Department Summary I Technology Services Key Performance Indicators Elevate the Town's public service quality through efficient resolution of Town technology issues. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Average internal customer services satisfaction rating with N/A 4.80 4.95 ✓ 90% technical support provided (on a scale of five stars) Percentage of service requests completed within defined N/A 90% 84% x 90% service level targets Percentage of unplanned downtime of major applications N/A < 5% <1 % ✓ 1 % affecting business continuity Percentage of unplanned downtime of public facing applications (websites, GIS viewers) affecting public N/A < 5% <1 % ✓ 1 % service Total number of departmental dashboards built to show asset management costs for Parks and Recreation, Public N/A 3 1 x 3 Works, and Water Target Met X Target Not Met N/A - New/Previous Measure Marana Town Council Regular Meeting Agenda Packet Page 478 of 561 May 21, 2024 Department Summary I Technology Services Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 20.00 21.00 22.00 1.00 % of town's FTEs 4.63% Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 General Fund $3,924,582 $5,989,155 $7,998,069 $2,008,914 Total Budget $3,924,582 $5,989,155 $7,998,069 $2,008,914 Expenditures by Category FY2023 Actual FY2024 Adopted FY2025 Tentative Change FY2024to FY2025 Personnel & Benefits $1,527,000 $2,144,070 $2,420,892 $276,822 Contracted Services 1,516,996 3,008,084 3,742,904 734,820 Operating Supplies & Equipment 158,406 687,001 1,317,853 630,852 Capital Outlay 722,180 100,000 100,000 - Restricted - 50,000 416,420 366,420 Total Budget $3,924,582 $5,989,155 $7,998,069 $2,008,914 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to a new Tech Support Specialist I position and due to increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. 2 Contracted Services - Increase includes a number of areas such as consulting services, computer software and hardware, connectivity charges, including some for the new Community & Aquatics Center, and funding for one-time projects such as the evaluation of a new building access control system. Increases were also included for public safety radios and camera equipment service contracts. 3 Operating Supplies & Equipment - Increase is primarily due to additional one-time funding for the replacement of aging police radios, computers, printers and other office equipment many of which are out of services due to delays and deferrals put in place during the last few years due to COVID and supply chain disruptions. 4 Capital Outlays - Amount is being carried forward from the prior year for the design and planning of expanding the Town's fiber connection to create redundancy and help ensure continuity of operations. 5 Restricted - Funding capacity to complete network upgrades that may not be completed in the prior year, and also for unanticipated cost increases or emergency needs. Marana Town Council ReguTar Meeting Agenda Packet Page 479 of 561 May 21, 2024 Department Summary I Development Services DEVELOPMENT SERVICES Building Safety Planning Development Environmental Engineering Overview To ensure that all departmental activities (Building Safety, Planning, Engineering, Environmental and Real Property) enhance and support the vision of the strategic plan by providing responsiveness to, and creating partnerships with the development community. Building Safety Division The Building Safety division is responsible for establishing the minimum requirements that safeguard public health. This is accomplished by adopting the most up-to-date technical building code and enforcement of that code through field inspection. The division collectively works with a fire service agency within the Town to administer provisions of the fire code. The goal is to provide the highest level of service and to maintain the vision of the Town, by incorporating the strategic plan into the divisions's policies and procedures whenever possible. Planning Division The Planning division is dedicated to the physical, social and economic excellence of the Town through sound professional planning practices, consistent policy advice, active public participation and superior public service to promote the welfare and quality of life of the community. Planning is responsible for administering and implementing the General Plan, the Town Code and the Land Development Code. The division provides support and recommendations to the Town Council and Planning Commission to assist each in making decisions regarding land uses and development proposals. The division processes applications for new development and redevelopment within the Town such as site plan reviews, special use requests, planned development proposals, subdivision proposals and rezoning requests to ensure compliance with Town requirements. Marana Town Council Regular Meeting Agenda Packet Page 480 of 561 May 21, 2024 Department Summary I Development Services Engineering, Environmental, and Real Property Division The Engineering, Environmental and Real Property division is responsible for addressing the infrastructure needs throughout the Town. The Engineering division provides oversight of projects to ensure that private development follows Town ordinances and engineering practices, maintains the safety of the public and the environment, recommends mitigation measures to reduce impacts from development. The division manages the floodplain and community rating system and ensures environmental compliance for private development. The division ensures the Town's compliance with state and federal mandates as well as clears public infrastructure projects. In addition, the division manages the Town real property through acquisitions, permitting, and agreements. Marana Town Council Regular Meeting Agenda Packet Page 481 of 561 May 21, 2024 Department Summary I Development Services Fiscal Year 2023-24 Accomplishments • Planning - Planning staff, collaborating with other Town departments, delivered updates to the Land Development Code, particularly related to zoning regulation, that was incorporated into the Town Code by approval of Town Council. The Code amendments included streamlining regulation, correcting conflicts within the Code and creating new regulation to resolve real -world issues that were never contemplated in the past • Building Safety - Implemented efficiencies in digital plan review and inspections, coordinate with Technology Services on digital document management, customer submittals and technology. • Development Engineering - The Division was successful on identifying and removing steps that were delaying approvals of Closeouts, issuances of permits, and improving checklists and applications to improve communication with the applicants. • Environmental - Developed inspection protocol for Town facilities and stormwater features as required by our MS4 permit. • Real Property - RP was able to save the Town 1.5 million dollars by successfully appealing the value of the State Land Trust right of way acquisition for Tangerine Road 2A and 2B down from the Arizona State Land Department's appraised value of 2.7 million dollars to the Town's appraised value of 1.2 million. Fiscal Year 2024-25 Goals & Objectives • Planning - The timely completion of the master plans and/or studies identified in the General Plan as well as the assigned goals found in the Town's Strategic Plan. Planning staff will also continuously monitor the actual implementation and use of the Land Development Code, tracking any issues or Code conflicts that arise in order to determine, if and when, additional revisions are required. • Building Safety - Building Safety: Coordinate with regional partners and stakeholders on adoption of 2024 edition of the Model Code from ICC. • Development Engineering - The Goal for the division is to continue to develop on the standards, review and identify gaps that need to be improved, removed, and address to improve our responses to the applicants regarding plan approval and permit issuance. • Environmental - Develop new outreach program for various segments of the Town as required by our MS4 permit. • Real Property - Complete all FY2025 CIP real property acquisitions without having to file a court condemnation. Marana Town Council Regular Meeting Agenda Packet Page 482 of 561 May 21, 2024 Department Summary I Development Services Key Performance Indicators Ensure sufficient response to public for permitting and inspections. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Percentage of single family dwelling plans reviewed ✓ within five days 97% 95% 97% 95% Percentage of model plan reviews completed within X five days 97% 92% 90% 92% Percentage of field inspections completed within one ✓ business day of request 100% 99% 99% 99% Streamline public processes to facilitate work with public and developers. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target In-house plan reviews as a % of total plan reviews Permits ✓ 100% 90% 90% taken 99% Projects X 90% 87% Provide exceptional customer service through our Development and Utility Services. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Percentage of development related projects X reviewed within assigned time (first submittal) 97% 95% 67% 95% Percentage of permits approved within assigned time ✓ frame 96% 95% 95% 95% ✓ Target Met k Target Not Met N/A - New/Previous pleasure Marana Town Council Regu�ar Meeting Agenda Packet Page 483 of 561 May 21, 2024 Department Summary I Development Services Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 36.00 36.00 38.00 2.00 % of town's FTEs 7.99% Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 General Fund $3,555,486 $4,573,023 $4,810,906 $237,883 Downtown Reinvestment Fund 21,070 - - - Total Budget $3,576,556 $4,573,023 $4,810,906 $237,883 Change FY2023 FY2024 FY2025 FY2024to Expenditures by Category Actual Adopted Tentative FY2025 Personnel & Benefits $2,658,736 $3,658,966 $3,943,868 $284,902 Contracted Services 637,684 751,888 764,609 12,721 Operating Supplies & Equipment 76,030 148,534 88,294 (60,240) Capital Outlay 204,106 13,635 14,135 500 Total Budget $3,576,556 $4,573,023 $4,810,906 $237,883 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to two new Permit Technician positions and due to increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. 2 Operating Supplies & Equipment - Decrease due to completed one-time remodel of the department's planning cubicle area that was completed in the prior year. (2) Marana Town Council Reg Rar Meeting Agenda Packet Page 484 of 561 May 21, 2024 Department Summary I Economic Development and Tourism OFFICE OF ECONOMIC DEVELOPMENT AND TOURISM Tourism Economic Development Overview To provide clear direction and coordination of economic development and tourism activities in Marana by building public/private sector partnerships to attract and retain a diverse business and employment base, support new local businesses, develop amenities and attractions to create a world class destination and provide a high quality workforce. We aim to ensure that all departmental activities enhance and support the vision of the strategic plan by providing responsiveness to internal and external customers by the creation of those partnerships. Fiscal Year 2023-24 Accomplishments • Moved to conceptual phase of Downtown Marana development. • Obtained $40,000 in grants through the Arizona Office of Tourism for increased advertising. • All marketing channels increased reach (web +26%, Facebook +421 %, Instagram +4700%). • Updated brand and marketing stragey including a new website. Fiscal Year 2024-25 Goals & Objectives • Procure a consultant for a new Economic Development Strategic Plan. • Work to advance the Downtown Marana conceptual plan by identifying implementation strategies including identifying a development partner. • Expand marketing strategies to engage a wider audience. • Completion of Tourism Master Plan and 10 year tourism strategy for the town. • Shift to tourism itinerary and story development, building off of the foundations we set in 2024. Marana Town Council Regular Meeting Agenda Packet Page 485 of 561 May 21, 2024 Department Summary I Economic Development and Tourism Key Performance Indicators Provide a supportive environment for industry leaders, startups, small businesses, and entrepreneurs tnrougn every stage or aeve►opment. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Number of jobs served through the Marano Job N/A 400 40% X 300 Creation Incentive Program (MJCIP) Expand Marana's thriving tourism industry by promoting its heritage, cultural resources, scenic ana signature events. Total number of Discover Marano website visits Total number of tourism marketing campaigns FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target N/A 155,000 160,000 ✓ 200,000 N/A 2 6 ✓ 3 X Target Not Met N/A - New/Previous I/leasure Marana Town Council Regftr Meeting Agenda Packet Page 486 of 561 May 21, 2024 Department Summary I Economic Development and Tourism Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 3.50 3.50 4.00 0.5 of town's FTEs 0.84% Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 General Fund $309,997 $326,774 $404,918 $78,144 Bed Tax Fund 278,552 1,139,816 1,330,349 190,533 Downtown Reinvestment Fund - 425,000 1,125,000 700,000 PAG - Econ & Tourism - - - - Total Budget $588,549 $1,891,590 $2,860,267 $968,677 Change FY2023 FY2024 FY2025 FY2024to Expenditures by Category Actual Adopted Tentative FY2025 Personnel & Benefits $333,148 $422,502 $537,567 $115,065 Contracted Services 252,509 881,090 1,763,655 882,565 Operating Supplies & Equipment 2,892 2,410 19,045 16,635 Capital Outlay - - 40,000 40,000 Restricted Budget - 585,588 500,000 (85,588) Total Budget $588,549 $1,891,590 $2,860,267 $968,677 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to a new Tourism Marketing Specialist position and due to increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. Also, half an FTE for a Communications Designer position is no longer funded by the Bed Tax Fund. 2 Contracted Services - Includes additional funding for possible development opportunities in the Downtown reinvestment fund and additional funding for marketing services, advertising and outreach opportunities in the Bed Tax Fund 3 Capital Outlay - Funding for the Air Commerce Way Monument. 4 Restricted - Funding programmed for future tourism related funding opportunities not yet identified. (1) (2) (2) Marana Town Council Reg iar Meeting Agenda Packet Page 487 of 561 May 21, 2024 Department Summary I Police POLICE Field Services � Support Bureau Services Bureau Overview The mission of the Marana Police Department (MPD) is to provide unparalleled service and unwavering protection to every person in the Town of Marana and to do so with uncompromised integrity. We are committed to becoming the most well respected police department in the State of Arizona. Fiscal Year 2023-24 Accomplishments • The renovation of the training room at the substation for the No Belt Required (NBR) program was completed. • The Marana Police Department was awarded re -accreditation certification from the Arizona Law Enforcement Accreditation Program (ALEAP). • The Marana Police Department received funding from the federal government to purchase a 3D scanner to help with the documentation and prosecution of violent crime scenes. • The Marana Police Department implemented a new technology called SPIDRTECH to enhance communication with the community. • Upgrade of our Emergency Communication Center to next generation 9-1-1. Fiscal Year 2024-25 Goals & Objectives • Maintain or exceed department clearance rates for crimes of violence as compared to the previous year. • Maintain or exceed department clearance rates for property crimes as compared to the previous year. • Maintain response times with established criteria. • Schedule and facilitate external agency audit of Property and Evidence at least every three years beginning this year. • Organize and facilitate processes for the positions of Sergeant and Lieutenant, and any subsequent reassignment within these ranks, to preserve and strengthen the department's leadership structure. Marana Town Council Regular Meeting Agenda Packet Page 488 of 561 May 21, 2024 Department Summary I Police Key Performance Indicators Provide high-level public safety services that strengthen Marano's reputation as a safe and secure Town. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Maintain or exceed department clearance rates for all ✓ part 1 crimes* as compared to the previous year 37.6 39.4 38.3 40.23 Maintain or reduce total number of part 1 crimes* (excluding shoplifting) per 1,000 residents as compared to 10.6 10.1 7.8 ✓ 7.46 the previous year Maintain or reduce traffic collision rates based on total number of collisions per 1,000 residents as compared to 17.6 16.8 20.4 X 19.4 the previous year Part 1 Violent Crime rate per 1,000 residents 0.74 0.70 0.63 ✓ 0.60 Part 1 Property Crime rate per 1,000 residents (includes ✓ shoplifting) 20.0 19.0 16.36 15.54 Part 1 Property Crime rate per 1,000 residents (excludes ✓ shoplifting) 9.8 9.36 7.91 7.5 *Part 1 crimes as defined by FBI Crime Reporting Criteria. Population averages from 712023 and 112024 estimates averaged at 60,652. ✓ ,c,get :,e' X Target Not Met N/A -New/ Previous tAeasure Marana Town Council Regular Meeting Agenda Packet Page 489 of 561 May 21, 2024 Department Summary I Police Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 134.00 139.00 143.00 4.00 % of town's FTEs 30.07% Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 General Fund $24,464,319 $22,530,049 $35,868,017 $13,337,968 Grants & Contributions Fund 1,000,072 1,190,336 1,499,179 308,843 RICO Fund 32,665 121,800 116,900 (4,900) Police Impound Fund 3,253 25,000 30,000 5,000 Total Budget $25,500,309 $23,867,185 $37,514,096 $13,646,911 Change FY2023 FY2024 FY2025 FY2024to Expenditures by Category Actual Adopted Tentative FY2025 Personnel & Benefits $22,761,872 $20,132,321 $33,097,494 $12,965,173 Contracted Services 620,106 814,877 1,374,756 559,879 Operating Supplies & Equipment 1,662,951 2,021,367 2,294,421 273,054 Capital Outlay 455,380 898,620 727,425 (171,195) Restricted Budget - - 20,000 20,000 Total Budget $25,500,309 $23,867,185 $37,514,096 $13,646,911 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to three new Police Officers and a Dispatcher position and due to increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. Pension contributions include a one-time payment of over $13.6 million to pay off the remainder of the police officers unfunded liability, as of the June 30, 2023 actuarial report. 2 Contracted Services - Changes include increases to existing software support, funding from the Smart & Safe money for new crime analysis software, and additional ongoing and one-time expenses related to the new positions, including outfitting and equiping the officers. Also included body camera and other equipment service and maintenance which used to be paid from the Technology Services budget in prior years, but is now going to be included in the Police department budget. 3 Operating Supplies & Equipment - Changes are primarily related to increases to the vehicle replacement program, and also includes additional ongoing and one-time expenses related to the new positions, as well as, additional funding for training and fuel for the departments vehicles. 4 Capital Outlay - This item reflects vehicle purchases for new officers, many of which continue to be impacted by supply disruptions that create challenges as we continue to grow and maintain the department's vehicles to ensure uninterrupted operations. Marana Town Council Reg Tcar Meeting Agenda Packet Page 490 of 561 May 21, 2024 Department Summary I Courts COURTS Judicial Division Administrative Division Overview Marana Municipal Court adjudicates civil and criminal traffic, Town ordinance, and criminal misdemeanor offenses that occur within the Town limits, as well as issuing civil orders of protection and injunctions against harassment. The mission of Marana Municipal Court is to provide a forum for the fair, impartial, and efficient adjudication of those violations in an environment that is respectful and safe for all who interact with the justice system. Fiscal Year 2023-24 Accomplishments • Implemented a formal training program for judges pro tempore. • Streamlined victim participation in remote hearings. • Refreshed public facing court documents to include web forms and comment cards. Fiscal Year 2024-25 Goals & Objectives • Increase courthouse security through better security camera coverage and increased security staffing. • Determine feasibility of launching digital evidence portal. • Explore pretrial release monitoring in appropriate cases. Marana Town Council Reg�laar Meeting Agenda Packet Page 491 of 561 May 21, 2024 Department Summary I Courts Key Performance Indicators Provide for a forum for fair, impartial, and efficient adjudication of alleged violations in an WIVUUI FIV111 ►nu► IS IteSpteGllul UIIU Zulu. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Percentage of cases with customer service complaints <1 % <1 % <1 % ✓ <1 % Percentage of cases referred to judicial commission <1 % <1 % <1 % ✓ <1 % Provide participants in the court system with necessary services for the fair adjudication of cases. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Percentage of qualified cases receiving court ✓ appointed counsel 100% 100% 100% 100% Percentage of qualified cases receiving interpreter 100% 100% 100% ✓ 100% services Promptly disburse monies received by the court, which are held in trust and payable as restitution, bonds, or fees. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Percentage of timely disbursements for bond refunds, restitution orders, fees to other government agencies, 97% 100% 100% ✓ 100% and payment for services ✓ Target Met X Target Not Met N/A - New/Previous F/leasure Marana Town Council Reg�lar Meeting Agenda Packet Page 492 of 561 May 21, 2024 Department Summary I Courts Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 14.00 14.00 14.00 - % of town's FTEs 2.94% Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 General Fund $1,197,736 $1,326,710 $1,589,174 $262,464 JCEF Fund 1,331 131,805 131,805 - Fill the Gap Fund - 34,500 34,500 - Local Technology Fund 22,509 78,000 82,500 4,500 Total Budget $1,221,576 $1,571,015 $1,837,979 $266,964 Change FY2023 FY2024 FY2025 FY2024to Expenditures by Category Actual Adopted Tentative FY2025 Personnel & Benefits $1,069,079 $1,191,910 $1,228,024 $36,1 14 Contracted Services 139,726 230,800 258,350 27,550 Operating Supplies & Equipment 12,771 148,305 151,605 3,300 Capital Outlay - - 200,000 200,000 Total Budget $1,221,576 $1,571,015 $1,837,979 $266,964 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. 2 Contracted Service - Increase is primarily due to increases related to the Public Defender contract and increases for continuing education. 3 Capital Outlay - General Fund funding toward the design of a court room expansion. This is an internal remodel project. (3) Marana Town Council Reg�lar Meeting Agenda Packet Page 493 of 561 May 21, 2024 Department Summary I Public Works Laffic & treets PUBLIC WORKS Capital Improvement Program Facilities I Fleet Services Management Overview The Public Works Department is committed to providing the highest level of service and showcase Marano's high standard of excellence while planning, designing, constructing, operating, and maintaining safe and reliable infrastructure for the community. The department strives to spend taxpayer funds judiciously, execute cost-effective designs, and employ innovative ways to operate, improve, maintain, and enhance public facilities, roadways, bridges, sidewalks, ADA ramps, drainage -ways, landscaping, traffic signals, street lights, pavement markings, and Town fleet in an efficient manner and, subsequently, improve the quality of life in the Town. The airport which is a division of Public Works is presented as a separate department summary. Fiscal Year 2023-24 Accomplishments • Completed the design plans for the Marano Community Center and Aquatic Facility and began construction with a Construction Manager At Risk (CMAR). • Completed the Transportation Master Plan to assist with transportation and multimodal needs for the future of the Town. This included extensive public involvement as well. • Worked with a design engineer to complete monument sign elements and locations for the next 5 years. • Secured grant funding for the Airport Air Traffic Control Tower Project as well as got reacceptance into the FAA Tower program. • Completed Construction of the Shared Use Path Calportland project connecting north and south Marano communities through a privately owned parcel. Fiscal Year 2024-25 Goals & Objectives • Construction will be completed on the Marano Community and Aquatic Center. This is planned to be operational by May of 2025. • Construct a Marano monument sign along 1-10 for the first year of the 5-year program. This will include "Marano" and the street names they are located on. • The next 5 year pavement preservation plan will be developed and programmed in the future CIP once the OCI has been determined from the study in fiscal year 2023-2024. • Complete the FY25 ADA Compliance program which will upgrade existing ADA ramps to new federal standards. • Design Air Traffic Control Tower at the Airport. Marana Town Council Reg�lar Meeting Agenda Packet May 21, 2024 Page 494 of 561 Department Summary I Public Works Key Performance Indicators Prioritize infrastructure and maintenance that support new growth and development in a proactive and sustainable manner. FY202 FY2024 3 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Percentage of Right of Way Permits Reviewed within ✓ 10 days 100% 100% 100% 100% Achieve an Overall Condition Index (OCI) rating for ✓ the Town's street system above 70 N/A 70 78 75 Percentage of Facilities Service Requests completed ✓ within 10 days N/A 80% 80% 80% Percentage of Fleet Service Requests completed ✓ within 5 days N/A 90% 92% 90% V/ T(;r(]P1 Y",P' k Target Not Met N/A - New/Previous pleasure Marana Town Council Reg�lar Meeting Agenda Packet Page 495 of 561 May 21, 2024 Department Summary I Public Works Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 60.00 62.00 64.00 2.00 % of town's FTEs 13.46% Expenditures By Fund FY2023 Actual FY2024 Adopted FY2025 Tentative Change FY2024to FY2025 General Fund $7,300,147 $13,217,186 $21,578,304 $8,361,118 Highway User Revenue Fund 2,816,394 6,282,878 7,519,099 1,236,221 South Benefit Area Impact Fee 850,407 6,697,393 6,243,292 (454,101) Northwest Benefit Area Impact Fee 7,045 1,291,472 6,891,472 5,600,000 Transportation Fund 3,778,161 28,133,914 32,348,301 4,214,387 Pima Association of Governments - 9,772,250 9,032,000 (740,250) 1 /2 Cent Sales Tax 3,427,974 60,670,697 36,289,042 (24,381,655) Other Agency 1,696,078 23,628,438 84,035,603 60,407,165 Regional Transportation 31,254 13,431,903 24,791,135 11,359,232 Northeast Benefit Area Impact Fee 136,819 77,238 14,513,449 14,436,211 Other Capital Projects Fund 10,184 1,515,789 664,789 (851,000) Total Budget $20,054,463 $164,719,158 $243,906,486 $79,187,328 Expenditures by Category FY2023 Actual FY2024 Adopted FY2025 Tentative Change FY2024to FY2025 Personnel & Benefits $4,574,571 $5,71 1,546 $6,130,068 $418,522 Contracted Services 3,029,757 7,192,484 8,441,191 1,248,707 Operating Supplies & Equipment 701,765 790,943 895,215 104,272 Capital Outlay 11,747,816 150,422,685 219,778,512 69,355,827 Debt Service 554 1,500 801,500 800,000 Restricted - 600,000 7,860,000 7,260,000 Total Budget $20,054,463 $164,719,158 $243,906,486 $79,187,328 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to a new Public Works Supervisor and a new Fleet Coordinator position and increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. 2 Contracted Services - The overall increase is associated to a large carry forward in the HURF fund included in the prior year budget to complete planned pavement preservation which was delayed due to contractual issues. Also, the prior year included a high amount of carry forward related to pavement preservation which was delayed due to materials issues. In addition, one-time funding is included in the current year for the evaluation and possible implementation of CIP software. (7) (8) (9) (9) (9) (9) (9) (9) (9) (9) (9) (1) (2) (3) (4) (5) (6) Marana Town Council Reg�lar Meeting Agenda Packet Page 496 of 561 May 21, 2024 Department Summary I Public Works 3 Operating Supplies & Equipment - Increases are primarily due to higher utility and vehicle replacements charges including incremental increases for operational needs including uniforms and small tools and equipment. 4 Capital Outlay - Increases are associated with a number of new and ongoing projects including the Marana Community Center and Aquatics project, and a number of interchange related projects, some of which will only move forward if we obtain funding from regional of national sources. Please refer to the separate Capital Improvement Plan section in this document for more details on the all capital projects. 5 Debt Service - The increase is related to funding provided in case Council decides to issue debt in relation to road related projects programmed in the Northwest Impact Fee Fund. 6 Restricted - Costs in this line item are associated with restricted contingency items in the Highway User Revenue Fund such as emergency road repair, storm damage repairs and $400,000 in restricted funding for the Ina Road Bridge project that has not yet been reconciled and closed out by the Arizona Department of Transportation. This item also includes $7.26 million designated for the Facilities Project Design Startup. 7 General Fund - Increase is associated with the personnel and benefits changes noted above as well as inflationary costs, new software. Amounts include a number of maintenance projects carried forward from the prior year. 8 Highway User Revenue Fund - Increase is associated to a large carry forward included in the prior year budget to complete planned pavement preservation which was delayed due to contractual issues. Also, funding was increased in fiscal year 2024-2025 for pavement preservation and due to higher operating costs related to market conditions. Capital outlay also includes a number of one-time vehicle and equipment purchases to replace ones that are at the end of their useful life. 9 Remaining Funds - Funding is programmed from sereral sources for a number of ongoing and new projects. For more details please refer to the Town's Capital Improvement Plan section in this document. Marana Town Council Reg�laar Meeting Agenda Packet Page 497 of 561 May 21, 2024 Department Summary I Parks & Recreation PARKS & RECREATION Administration Recreation Park Maintenance Overview The Town of Marano Parks and Recreation department is dedicated to developing and implementing quality parks, trails, and leisure services for our community with a proud commitment to excellence, safety, and sustainability. Fiscal Year 2023-24 Accomplishments • Marano Parks and Recreation received 4 awards at the Arizona Parks and Recreation Association Annual Conference and Trade Show: Outstanding Cultural Event - 4th of July Star Spangled Spectacular; Outstanding Park Maintenance Professional - Kim Warner: Outstanding Program, Active Adult 50+ - Crafting for a Cause: Outstanding Partnership - Loop Pathway Improvement Project. • Gladden Farms Park Improvements; New dog park; Added lights and fencing to two little league fields. • Completion of Loop Improvement Project. Working in conjunction with Pima County Wastewater, Pima County Flood Control District, and Amazon, a portion of the Shared Use Path, directly north of Ina Rd., was moved to a higher location and shifted out of a flood zone. The result will provide a safer experience for users, and reduce maintenance. • Completed Tortolita Preserve Trailhead Project. This provided a new and improved parking lot for users of the Tortolita Preserve. This outdoor facility is popular with hikers, trail runners, mountain bikers, and horseback riders. The new parking lot is more accessible, and provides ample space for horse owners to park trucks and trailers. This project also enclosed the entire preserve with wildlife friendly barbed wire fence in an effort to keep the preserve free of cattle and off -road vehicles. Fiscal Year 2024-25 Goals & Objectives Complete the Cal Portland Shared Use Path connection, and hold a ceremony acknowledging the completion of this long awaited project. Implement the new Leadership and Lifesaving program in partnership with Marano Unified School District. This program will provide training to Marano Unified School District Students in Lifeguarding and will expose them to Marano Community leaders in an attempt to increase the pool available Lifeguards in the Marano community. Inaugurate a new outdoor recreation event at the Tortolita Preserve, that will highlight the trail running and mountain biking opportunities at this venue, as well as the newly created trailhead. Marana Town Council Reg�lar Meeting Agenda Packet Page 498 of 561 May 21, 2024 Department Summary I Parks and Recreation Key Performance Indicators Offer a wide variety of recreational programs, events, and amenities for residents of all ages and abilities. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Number of Parks and Recreation programs offered N/A 105 239 ✓ 300 Number of Parks and Recreation program participants N/A 17,400 25,286 ✓ 30,000 Total number of Signature Event attendees N/A 26,000 33,700 ✓ 36,000 Total number of hours dedicated to athletic maintenance N/A 1,860 2,338 ✓ 2,000 X Target Not Met N/A - New/Previous Measure Marana Town Council Reg�la8r Meeting Agenda Packet Page 499 of 561 May 21, 2024 Department Summary I Parks & Recreation Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 55.00 58.00 74.00 16.00 % of town's FTEs 15.56% Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 General Fund $6,939,609 $8,617,693 $11,639,307 $3,021,614 Highway User Revenue Fund 512,280 482,150 597,077 114,927 Park Impact Fee Fund 236,973 5,188,573 7,295,986 2,107,413 Total Budget $7,688,862 $14,288,416 $19,532,370 $5,243,954 Change FY2023 FY2024 FY2025 FY2024to Expenditures by Category Actual Adopted Tentative FY2025 Personnel & Benefits $3,974,697 $4,758,403 $5,918,008 $1,159,605 Contracted Services 1,126,917 1,378,306 1,664,071 285,765 Operating Supplies & Equipment 1,667,393 1,906,882 2,366,204 459,322 Capital Outlay 919,855 6,244,825 9,584,087 3,339,262 Total Budget $7,688,862 $14,288,416 $19,532,370 $5,243,954 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to 16 new positions and increases to part time lifeguard and aide positions to staff the new Community and Aquatics Center, and increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. The majority of the new positions are budgeted for only a small portion of the year as they will not be needed until the Center opens later in the fiscal year. As a result, the full impact of the new positions will come into effect in fiscal year 2025-2026. 2 Contracted Services - Increase is primarily due to increased costs across many areas, including facilities and landscape maintenance, due to market related adjustments and increased amenities and assets as the Town continues to grow. 3 Operating Supplies & Equipment - Increase is due to increased costs across many areas, including utilities and general operational costs, some related to the new Community and Aquatics Center, due to market related adjustments and as the department continues to expand services available to residents. Increased costs to the Town's signature special events also contributed to the overall increase. 4 Capital Outlay - The department has several projects budgeted for design or construction in the current fiscal year, including the El Rio Golf Course and parking lot and the Saguaro Community Park, Phase 2. Also included are a number of vehicle and equipment purschases to equip new positions and to also replace outdated items that are at or beyond their useful life. (1) (2) (4) (1) (2) (3) (4) Marana Town Council Reg�laar Meeting Agenda Packet Page 500 of 561 May 21, 2024 Department Summary I Community and Neighborhood Services COMMUNITY AND NEIGHBORHOOD SERVICES CDBG Neighborhood Outreach & Code Housing Rehab Services Enforcement Animal Services Colonia Cleanup Transit Services Overview Improving the quality of life for our residents and neighborhoods is the primary goal for Community and Neighborhood Services. Engaging the community in ongoing dialogue provides opportunities for the public and private sectors to: identify, refine and articulate needs; cooperatively problem - solve; collaboratively work to develop viable solutions to address needs; measure outcomes and celebrate successes; communicate regularly and clearly through relationships established by mutual trust and a shared vision. Fiscal Year 2023-24 Accomplishments • Established the Town's own CDBG program, being a direct recipient from HUD. • Established the Town's first utility assistance programs through the CDBG program. • Expanded Sun Shuttle routes to include stops at PCC, YMCA and the MVD. Fiscal Year 2024-25 Goals & Objectives • Utilize Microsoft Teams to better organize multi -department participation in issues related to urban camping, graffiti and illegal dumping. • Successfully complete our CDBG Consolidated Annual Performance and Evaluation for FY24 and our FY25 Annual Action Plan. Utilize the adopted Citizen Participation Plan. • Create recycling opportunities for various household waste items. • Expand awareness on the importance of staying current on animal rabies vaccinations. Marana Town Council Regular Meeting Agenda Packet Page 501 of 561 May 21, 2024 Department Summary I Community and Neighborhood Services Key Performance Indicators Support initiatives that enhance the quality of Marana neighborhoods. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Increase the voluntary compliance by property owners on ✓ violation notices 95% 93% 97% 96% Tons of refuse collected from utilization of the Community ✓ Trailer by residents/ communities 22 20 40 40 Tons of refuse collected in community dumpsters provided ✓ in Neighborhoods 52 50 60 60 Provide needed animal services to residents to protect pets and limit shelter intake. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Pets microchipped at Town events 121 115 140 ✓ 125 Number of pets receiving services from Town sponsored microchipping, vaccination, licensing, spay & neuter 310 300 400 330 clinics Increasing number registered users on Marana Pets App 826 850 867 880 Return more pets to owners than are taken to shelter 47% 50% 43% x 51 % Target Met X Target Not Met N/A - New/Previous I;teasure Marana Town Council Regular Meeting Agenda Packet Page 502 of 561 May 21, 2024 Department Summary I Community and Neighborhood Services Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 10.60 10.60 10.60 - % of town's FTEs 2.23% Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 General Fund $1,346,207 $1,319,486 $1,414,734 $95,248 Comm. Development Block Grant 41,751 260,000 348,691 88,691 Revolving Affordable Housing Fund - 105,000 105,000 - Total Budget $1,387,958 $1,684,486 $1,868,425 $183,939 Expenditures by Category FY2023 Actual FY2024 Adopted FY2025 Tentative Change FY2024to FY2025 Personnel & Benefits $996,462 $1,000,595 $1,077,510 $76,915 Contracted Services 245,984 307,905 313,050 5,145 Operating Supplies & Equipment 139,282 372,486 467,865 95,379 Capital Outlay 6,230 - - - Restricted Budget - 3,500 10,000 6,500 Total Budget $1,387,958 $1,684,486 $1,868,425 $183,939 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. 2 Contracted Services - Increase reflects anticipated increased costs to the IGA for transit services. 3 Operating Supplies & Equipment - Increase is primarily attributed to carrying forward unspent federal funding of CDBG grant awards from the prior award year. The current year federal funding award is anticipated at $230,000. 4 Restricted - Funding capacity to allow for promotion of two staff members upon receipt of necessary certifications. The positions are currently underfilled until appropriate certifications are achieved. (4) Marana Town Council Regular Meeting Agenda Packet Page 503 of 561 May 21, 2024 Department Summary I Water WATER Water Engineering & Regulatory Delivery, Planning Compliance Production & Quality Overview Customer Service & Business Administration Marana Water is committed to providing our customers with safe, reliable, efficient water and water reclamation services through utilization of effective industry practices, innovative technology, and the strategic use of water resources. We have an obligation to make sure that our residential customers, business customers and other public entities such as our schools, medical facilities and parks have reliable access to the water they need. Marana is committed to this mission and is taking proactive steps to achieve it. Fiscal Year 2023-24 Accomplishments • Replaced approximately 323 meters as part of the aging meter program. • Continued to maintain high levels of customer service and water system reliability. • Completed Impact Fee Study. • Installed approximately 440 new meters. • Completed Implementation of new customer information system - Eye on Water. Fiscal Year 2024-25 Goals & Objectives • Continue meter replacement program to replace 600 meters. • Complete New Rate Study. • Complete construction of the Marana Park Reservoir and Marana Park Well. • Start Construction of the NW Sewer Interceptor. • Start Construction of the Northwest Recharge and Recovery Deliver System. Marana Town Council Regular Meeting Agenda Packet Page 504 of 561 May 21, 2024 Department Summary I Water Key Performance Indicators Maintain an assured water supply and provide high -quality water infrastructure to meet existing and future customer needs. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Percentage of lost and unaccounted for water 5.03% < 6% 4.60% ✓ < 6% Number of water meters replaced system -wide N/A 400 323 ✓ 600 Percentage of preventative v. reactive work , activities N/A 80% 1 20% 95% 1 5% 80% 1 20% Percentage of calls handled and resolved immediately by customer service staff N/A 75% 85% 75% Continuously meet Safe Drinking Water Act ✓ Standards for water quality Met Meet Met Meet - X Target Not Met N/A - New/Previous Measure Marana Town Council Regular Meeting Agenda Packet Page 505 of 561 May 21, 2024 Department Summary I Water Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 34.00 35.00 36.00 1.00 % of town's FTEs 7.57% Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 Water Operating Fund $8,333,709 $10,301,621 $12,281,015 $1,979,394 Water Capital Fund 1,350,149 6,708,179 17,958,696 11,250,517 Water Infrastructure 1,897,860 10,245,611 12,110,549 1,864,938 Renewable Resources Fund 309,942 11,803,697 6,897,412 (4,906,285) Total Budget $11,891,660 $39,059,108 $49,247,672 $10,188,564 Expenditures by Category FY2023 Actual FY2024 Adopted FY2025 Tentative Change FY2024to FY2025 Personnel & Benefits $2,856,443 $3,544,061 $3,792,917 $248,856 Contracted Services 2,395,941 2,638,484 3,842,290 1,203,806 Operating Supplies & Equipment 2,776,970 2,812,613 3,256,122 443,509 Capital Outlay 3,480,138 27,491,737 35,771,757 8,280,020 Debt Service 382,168 2,572,213 2,584,586 12,373 Total Budget $11,891,660 $39,059,108 $49,247,672 $10,188,564 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to a new Water Billing Specialist position and increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. 2 Contracted Services and Operating Supplies & Equipment - Increase is primarily attributed to higher electricity and CAP and CAGRD fees, while also including higher costs for operating supplies and other operating needs (printing, postage, annual software service, etc.) and funding for a federally mandated Risk and Resiliency Assessment. 3 Capital Outlay - A number of projects are included in the area. The department has secured a number of WIFA grants and loans, some of which have a forgivable component, to help pay for some of the project costs. For more details on the projects, please refer to the Town's Capital Improvement Plan in this document. 4 Debt Service - This item includes annual debt service payments, as well as budget capacity for possible new debt issuance toward the purchases of renewable water resources, or other capital projects, if such financing is necessary. 5 Renewable Resource Fund - The decrease is related to the purchase of Long Term Storage Credits in the amount of $4.8 million in fiscal year 2023-2024. The department continues to pursue opportunities for additional water resources. (2) (3) (3) (5) (1) (2) (2) (3) Marana Town Council Regular Meeting Agenda Packet Page 506 of 561 May 21, 2024 Department Summary I Water Reclamation WATER RECLAMATION Customer Engineering & Regulatory Wastewater Service & Planning Compliance Treatment & Business Collection Administration Overview Marano Water is committed to providing our customers with safe, reliable, efficient water and water reclamation services through utilization of the effective industry practices, state of the art technology, and the sustainable use of water resources. Fiscal Year 2023-24 Accomplishments • Successfully completed the design of the North Marano Sewer Augmentation Project (Design/Build). • Successfully completed the 2nd Screw Press Project Design. • Successfully completed the Rillito Vista Lift Station Rehabilitation Project soil sample and clean and close of existing lagoons. • Clean, CCTV, and perform manhole inspections of the next quarter in the rotation of the sanitary sewer conveyance system (-20 miles). • Continue to work with local, state, and federal regulatory agencies to maintain compliance and operation of the wastewater reclamation facility and sanitary sewer conveyance system. Fiscal Year 2024-25 Goals & Objectives • Successfully complete the construction of the North Marano Sewer Augmentation Project (Design/Build). • Successfully complete the 2nd Screw Press Project construction at the Marano WRF. • Successfully complete the Rillito Vista Lift Station Rehabilitation Project Design. • Clean, CCTV, and perform manhole inspections of the next quarter in the rotation of the sanitary sewer conveyance system (-20 miles). • Continue to work with local, state, and federal regulatory agencies to maintain compliance and operation of the wastewater reclamation facility and sanitary sewer conveyance system. Marana Town Council Regular Meeting Agenda Packet Page 507 of 561 May 21, 2024 Department Summary I Water Reclamation Key Performance Indicators Maintain an assured water supply and provide high -quality water reclamation infrastructure to meet existing and future customer needs. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Number of sanitary sewer system overflows 0 0 0 ✓ 0 Percentage of preventative v. reactive work N/A 80% 120% 96% 14% ✓ 80% 120% activities Number of gallons recharged N/A 75% 90% ✓ 75% Continuously meet Aquifer Protection Permit ✓ standards for treated water quality Met Meet Met Meet X Target Not Met N/A -New/ Previous Measure Marana Town Council Regular Meeting Agenda Packet Page 508 of 561 May 21, 2024 Department Summary I Water Reclamation Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 8.00 8.00 8.00 - % of town's FTEs 1.68% Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 Water Reclamation Operating Fund $3,060,192 $3,531,314 $5,714,793 $2,183,479 Water Reclamation Capital Fund 474,901 10,051,049 18,150,106 8,099,057 Water Reclamation Impact (Post SB) 764 8,407,479 9,770,828 1,363,349 Total Budget $3,535,857 $21,989,842 $33,635,727 $11,645,885 Expenditures by Category FY2023 Actual FY2024 Adopted FY2025 Tentative Change FY2024to FY2025 Personnel & Benefits $657,973 $780,944 $847,840 $66,896 Contracted Services 968,393 1,333,077 1,656,800 323,723 Operating Supplies & Equipment 405,524 438,012 580,623 142,611 Capital Outlay 696,057 18,570,828 28,084,934 9,514,106 Debt Service 807,910 866,981 2,465,530 1,598,549 Total Budget $3,535,857 $21,989,842 $33,635,727 $11,645,885 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to higher health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. 2 Contracted Services - Increase is due primarily to higher costs associated with hauling away biosolids, vector control, and a number of studies including the SCADA master plan, the Sewer Master Plan update and a federally mandated Risk and Resilience Assessment. 3 Operating Supplies & Equipment - Increase is primarily due to higher operating costs, including utilities, as volumes processed through the treatment plant continue to increase as more homes and other properties are connected for service. 4 Capital Outlay - A number of projects, some of which are multi -year project, are included in the fiscal year 2024-2025 budget. These include the North Marana Sewer Interceptor Expansion and the design for the expansion of the Water Reclamation Treatment plant. For more details please refer to the Capital Improvement Plan in this document. 5 Debt Service - Includes debt related to the water reclamation plant, which was paid through a governmental debt service fund in prior years. As the related debt was refunded in fiscal year 2023-2024, the outstanding liability is now being reported and serviced by the Water Reclamation Fund. This refunded debt will continue to be funded by impact fees as approved by Council in prior years and through the most recent impact fee studies. (5) (4) (4) Marana Town Council Regulaar Meeting Agenda Packet Page 509 of 561 May 21, 2024 Department Summary I Airport Operations Supervisor AIRPORT Overview Support Staff The Airport Department provides the community with a valuable general aviation air transportation resource that is part of the National Air Transportation System and enhances and promotes the aviation industry for the community while maintaining the highest level of safety and professional customer service. The department also markets and leases airport land for aviation related businesses and development. Fiscal Year 2023-24 Accomplishments Received FAA Grant for air traffic control tower environmental assessment. Received FAA Grant to replace existing AWOS and AWOS III P/T. Received FAA Grant for the whole East Hangar Apron Reconstruction Project. Fiscal Year 2024-25 Goals & Objectives Apply for FAA Grant for Air Traffic Control Tower, Design. Apply for ADOT Grant West Apron Reconstruction, Phase I Construction. Receive Airport Pavement Maintenance System ADOT Project for repaving runway 12-30 and Taxiway E. Marana Town Council Regular Meeting Agenda Packet Page 510 of 561 May 21, 2024 Department Summary I Airport Key Performance Indicators Maximize the economic impact of the airport by identifying and recruiting aviation and non - aviation related industries for business development opportunities. FY2024 FY2023 FY2024 FY2024 Target FY2025 Actual Target Actual Met Target Total fuel flow revenue N/A $55,000 $56,290 ✓ $ 55,000 Total number of corporate jet operations 1,227 1,850 1,319 X 1,300 Total number of aircraft operations 76,343 93,500 88,416 X 88,000 X Target Not Met N/A - New/Previous Measure Marana Town Council Regu aar Meeting Agenda Packet Page 511 of 561 May 21, 2024 Department Summary I Airport Change FY2023 FY2024 FY2025 FY2024to Staff Summary Actual Adopted Tentative FY2025 Full-time Equivalents 4.00 4.00 5.00 1.00 % of town's FTEs 1.05% Change FY2023 FY2024 FY2025 FY2024to Expenditures By Fund Actual Adopted Tentative FY2025 Airport Operating Fund $486,280 $647,162 $857,505 $210,343 Airport Capital Fund 1,298,664 7,690,523 16,247,154 8,556,631 Total Budget $1,784,944 $8,337,685 $17,104,659 $8,766,974 Change FY2023 FY2024 FY2025 FY2024to Expenditures by Category Actual Adopted Tentative FY2025 Personnel & Benefits $250,950 $324,362 $437,730 $1 13,368 Contracted Services 162,240 254,950 259,850 4,900 Operating Supplies & Equipment 55,301 67,850 76,925 9,075 Capital Outlay 1,316,453 7,690,523 16,330,154 8,639,631 Total Budget $1,784,944 $8,337,685 $17,104,659 $8,766,974 Budget Notes and Significant Changes 1 Personnel & Benefits - Increase is primarily attributed to a new Maintenance Associate II position and increases to health care contributions and for performance pay and other adjustments budgeted for fiscal year 2024-2025. 2 Increases to Contracted Services and Operating Supplies & Equipment include funding to equip the new position and also incremental operating costs, including higher fuel and insurance charges. 3 Capital Outlay - Increase is related to a combination of vehicle and equipment replacements for aging equipment to help with airport operations, and funding for a number of airport related capital projects including the continuation of the multi -year Control Tower project. (1) (2) (2) (3) Marana Town Council Regu ar Meeting Agenda Packet Page 512 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Reg Meeting Agenda Packet Page 513 of 561 May 21, 2024 CAPITAL IMPROVEMENT PLAN MARANA l4r Marana Town Council Regu ar Meeting Agenda Packet Page 514 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Reg u ar Meeting Agenda Packet Page 515 of 561 May 21, 2024 CAPITAL IMPROVEMENT PLAN Fiscal Year 2024 - 2025 Tentative Plan Overview The Fiscal Year 2024-2025 tentative Capital Improvement Plan (CIP) forecasts the Town's capital investments over a five-year period. Capital investments involve major Town projects that have at least a five-year useful life and at least a $100,000 total project budget. The CIP is both a fiscal and planning device that allows the Town to inventory and monitor all capital project costs, funding sources, departmental responsibilities, and timing schedules. Each year the CIP is reviewed within the context of ongoing Town, county, state, and federal planning programs, and policies as well as the Town's General and Strategic Plans. Capital improvements may include new construction, or an expansion, upgrade, replacement, or other addition designed to improve, conserve, or maintain the value of Town assets or enhance service capacity and/or visual environment. At any given time, the Town has numerous capital projects in various stages that include the following: project planning, site selection, right-of-way acquisition, public hearing, utility relocation, site preparation, project agreement preparation, design, construction, and inspection. The first year of the CIP, along with any carry -forward of funds from the prior fiscal years, comprise the total budget for each CIP project beginning July 1 of the new fiscal year. The remaining four years of the CIP serve as a financial plan for capital investments. The five-year financial plan is reviewed and updated each year, and the Mayor and Council adopt the capital budget and the five-year financial plan after recommendations from staff and the public. The CIP committee met during the budget cycle to prioritize all requested CIP projects. The resulting recommendations were presented to the Town Council on February 15 and 16, 2024, at the Town Council retreat. Funding Sources The CIP presented incorporates a diverse financing plan. The plan not only utilizes development fees to ensure that new development is paying for costs associated with growth, but also includes funds from the General Fund that allow existing residents to contribute to the many projects that are planned. This is an important balance to maintain when a variety of projects are constructed which will benefit all residents of the community. Proceeds used for the various capital improvements projects may include: • Development related impact fees • Transportation sales tax funds (75% of the Town's construction sales tax dollars are dedicated for transportation improvements) • Intergovernmental sources including State of Arizona, Pima Association of Governments (PAG), Regional Transportation Authority (RTA) • Water and sewer utility revenues • Water Infrastructure Financing Authority (WIFA) loans or other bond financing • Various grant and third -party contributions • General Fund revenues and reserves Marana Town Council Reg ar Meeting Agenda Packet Page 516 of 561 May 21, 2024 As shown by the following chart, the largest single CIP funding source comes from Intergovernmental revenues in the amount of $159.9 million. They contain HURF and other agency type funds, including funding received from the State of Arizona to be used for the Tangerine Road widening project and from possible state and federal aviation capital improvement grants. Bond and loan proceeds are the second largest funding source at $51.8 million. The proceeds will help ensure the timely construction of several projects that have dedicated funding sources, including the half cent sales tax and impact fees, but lack the cash flow needed to complete the projects in the planned timeframe. Planned projects include the Marana Community and Aquatics Center and the expansion and rehabilitation of critical water and sewer infrastructure projects, including potential water resource acquisitions. Developer Fees are another large source in the fiscal year 2024-2025 CIP at $50.2 million. These are impact fee revenues associated with construction and development of new or expanded road, park, water, and sewer related infrastructure. The Transportation Fund accounts for $31.9 million of capital project funding. This funding source normally provides revenues for the majority of the Town's road infrastructure projects and the reconstruction of neighborhood subdivisions. On October 19, 2021, the Town of Marana passed ordinance No. 2021.022, increasing the local sales tax rate from 2.0% to 2.5% to help fund the design and construction of the new Marana Community and Aquatics Center. The Town has programmed $36.2 million for the fiscal year 2024-2025. Funding for the construction of this project will consist mostly of bond proceeds along with $1.3 million in anticipated sales taxes. 1 /2 Cent Sales Tax Fund, 1,269,987 Transportatioi 31,948,301 Other, 513,289 , < 1 Developm( 50,101,0-/Z , 1076 CIP Funding Sources $315.4 Million Bond/Loan Proceeds, Utilitv Revenues, ,983 , 2% General Fund, 14,868,058 , 5% ergovernmental, 159,957,578 , 51 7o Marana Town Council Regu aar Meeting Agenda Packet Page 517 of 561 May 21, 2024 Capital Improvement Plan Summary The cumulative five-year CIP for the Town of Marana totals $594.5 million from FY2025 through FY2029. The chart below shows the breakdown by CIP category for the five-year period with Road Infrastructure being the largest of the categories at $289.9 million, and Water related projects the second largest at $95.1 million. 5-Year CIP (FY2025-2029) $594.5 Million Airport, Buildings, 68,746,204 , 1 1 % 6,308,910, 1 Water Reclamation, 75,912,030 , 13% - Water, 95,134,972 , 16 Parks & Public Goods, 58,532,545 , 10% Road Infrastructure, 289,872,897 , 49% The tentative fiscal year 2024-2025 CIP totals $315.4 million and is approximately 67% of the tentative annual budget. Road Infrastructure encompasses the largest portion at $172.7 million. Parks and Public Goods projects are the second largest at $56.7 million. A breakdown is shown below. Airport, 16,247,154 , 5% Water Reclam< 26,721,108 , Water, 37,678,733 , 12% FY2025 CIP by Category $315.4 Million Buildings, 5,308,910, 2% Parks & Public Goods, 56,732,545 , 18% Road nfrastructure, 172,744,598 , 55% A detailed summary of all CIP projects encompassed in the Town of Marana's five-year CIP program can be found in the following table. Marana Town Council Reg ar Meeting Agenda Packet Page 518 of 561 May 21, 2024 ADA Compliance Program 411,664 25-2026 200,000 200,000 200,000 9 Grand Total 200,000 1,211,664 Adonis Road Extension Phase 2 469,020 8,080,000 8,549,020 Air Commerce Way Monument 40,000 150,000 190,000 Airport Control Tower, Construction 11,100,000 11,100,000 Airport Control Tower, Design 1,276,061 1,276,061 Airport Control Tower, Ea 180,757 180,757 Airport Control Tower, Siting Study 35,759 35,759 Airport Drainage Study 450,000 450,000 Airport Master Plan Update 230,000 230,000 Airport NW PFAS Treatment 2,647,100 11,911,950 14,559,050 Airport Security Fence 330,000 330,000 Airport, RWY 12-30, Pavement Rehab 100,000 100,000 AWOS Replacement 518,382 518,382 Barnett Channel 2,500,000 30,000,000 32,500,000 Barnett Channel, Tang Farms ConArch 1,188,000 1,188,000 B-Zone Booster and Transmission Line 381,002 4,032,276 4,413,278 B-Zone Reservoir 65,250 552,450 617,700 CAP Subcontract - NIA Reallocations 5,081 5,081 Clark Farms Sewer Interceptor 8,768,949 8,768,949 Continental Reserve 24-inch Tie-in 3,072,479 3,072,479 Court Room 2, Remodel 200,000 500,000 700,000 C-Zone Booster 192,188 1,627,187 1,819,375 Dove Mnt BI-Moore Rd Signal, North 100,000 100,000 East Apron Reconstr Ph-1, Construct 1,193,816 1,193,816 East Apron Reconstr Ph-2, Construct 2,035,198 2,035,198 East Tangerine, Segment 1 Pipeline, Upsizing 52,392 52,392 El Rio Disc Golf 410,982 410,982 El Rio Preserve Expansion 26,231 26,231 El Rio Recreation Area Parking Lot 360,511 360,511 Facilities Project Design Startup 7,260,000 7,260,000 Hartman Booster Stn Electrical Upgrade 220,000 220,000 Heritage Park PFAS Treatment 1,321,300 5,945,850 5,945,850 13,213,000 Heritage Park Water Plant 631,482 2,506,191 2,506,191 5,643,864 Honea Heights Emergency Sewer Program 75,000 75,000 75,000 75,000 75,000 375,000 Honea Heights Park, East 1,357,433 1,357,433 1-10 Cortaro Rd TI 50,000,000 50,000,000 Marana Town Council Regu a8r Meeting Agenda Packet Page 519 of 561 May 21, 2024 Ina Rd -Meredith BI, Median Modifications 550,000 550,000 Integrated Water Resource Plan, DAWS 116,896 116,896 Mandarina Community Park 350,000 350,000 Marano Channel 1,300,000 12,000,000 13,300,000 Marano Community Center and Aquatic Complex 36,219,042 36,219,042 Marano Gateway Monument Signage 386,395 200,000 200,000 200,000 986,395 Marano Park PFAS Treatment 1,260,100 5,670,450 5,670,450 12,601,000 Marano Park Reservoir 1,839,564 1,839,564 Marano Park Well 561,515 561,515 Marano Park Well, Booster 220,000 220,000 Marano Public Safety Facility 513,289 513,289 Marano Rd Traffic Interchange 800,000 9,200,000 10,000,000 Marano SC Effluent Collection 500,000 1,171,138 1,671,138 Marano WRF, Screw Press 2 1,981,779 1,981,779 MMC Fiber Optic Upgrade 100,000 500,000 600,000 MMC Generator Upgrade 2,043,950 2,043,950 MMC HVAC Mechanical Systems Upgrade 1,213,010 1,213,010 MMC Reception Remodel 250,000 250,000 MOC Fleet Warehouse Roof, HVAC, Replacement 482,500 482,500 Moc Generator Replacement 600,000 600,000 MOC Security Walls, New Entry Gate 419,450 419,450 Moore Rd - 110, Traffic Interchange 7,000,000 7,000,000 Moore Rd Rehab, Sanders Rd to 1-10 700,000 700,000 Moore Road Rehab, East-West Dove Mountain 181,894 181,894 New Renewable Water Resource Acquisition 3,004,997 971,176 3,976,173 North Marano Drainage Improvements 332,070 332,070 North Marano Pavement Rehab Phase 2 550,000 550,000 North Marano Sewer Interceptor 19,881,921 19,881,921 NW Recharge, Recovery, and Delivery System 17,443,918 17,443,918 Ora Mae Horn Park Remediation, PH 1 100,000 350,000 450,000 Ora Mae Horn Park Remediation, PH2 400,000 400,000 Oshrin Line Replacement 223,620 223,620 Picture Rocks Interconnect 1,620,118 1,620,118 Pines Settlement Repair, FY2023 Pioneer Well Electrical Upgrade Pioneer Well PFAS Treatment 14,302 220,000 381,300 1,715,850 14,302 220,000 1,715,850 3,813,000 Marana Town Council Regu aar Meeting Agenda Packet Page 520 of 561 May 21, 2024 Recharge Basins Phase II 4,900,476 1,604,290 6,504,766 Rillito Vista Lift Station Upgrade 1,295,302 1,295,302 RWY 30 Safety Mitigate EA 230,000 230,000 RWY 30 Safety Mitigate EMAS, Design 5,000,000 5,000,000 RWY 3-21 Reconstruct, Design -Construct 4,700,000 4,700,000 RWY 3-21, TWY-B, Hang-6, Reconstruct, EA 480,000 480,000 Saguaro Bloom Community Park, Ph-2 4,714,316 4,714,316 Saguaro Bloom Lift Station Pump Replacement 200,000 200,000 Sadario Well Rehabilitation 20,000 20,000 Sanders Rd 24-inch Water Line 356,095 356,095 Sanders Rd Drainage, Improvements 2,500,000 2,500,000 Santa Cruz Sup At Calportland 270,000 270,000 SCADA and Integrated Telemetry 350,000 350,000 Sewer Conveyance System Rehab 661,282 552,533 574,635 1,788,450 Stingray Sewer Interceptor 303,451 1,365,531 1,365,531 3,034,513 Tangerine Farms Rd Extension 2,799,943 19,248,299 22,048,242 Tangerine Rd Widening, Phase 2A 51,376,558 51,376,558 Tangerine Rd Widening, Phase 2B 28,000,000 20,000,000 48,000,000 Tangerine Sky Park, Phase 2 1,617,276 1,617,276 Tangerine TI Improvements 12,925,661 12,925,661 Taxiway A Reconstruction, MITL, Construction 9,400,000 9,400,000 Taxiway A Reconstruction, MITL, Design 960,000 960,000 Taxiway C Reconstruction, Construction 2,750,000 2,750,000 Taxiway C Reconstruction, Design 310,000 310,000 Twin Peaks Rd, Rattlesnake Pass Widening 42,977,556 42,977,556 TWY B, E, Lighting Upgrade, Construction 2,500,000 2,500,000 TWY B, E, Lighting Upgrade, Design 280,000 280,000 Water Line Replacements 90,000 120,000 120,000 120,000 120,000 570,000 Well Rehabilitation Program 110,000 140,000 140,000 140,000 140,000 670,000 West Apron Reconstruction Ph-1, Construct 2,100,000 2,100,000 West Apron Reconstruction Ph-1, Design 327,181 327,181 West Apron Reconstruction Ph-2, Construct 7,700,000 7,700,000 WRF Phase II 2,900,824 18,130,146 18,130,146 39,161,116 Grand Total 315,433,048 76,352,815 91,274,765 66,338,280 45,108,650 594,507,558 Marana Town Council Regular Meeting Agenda Packet Page 521 of 561 May 21, 2024 OPERATING CAPITAL AND PROJECTS MARANA Marana Town Council Reg Meeting Agenda Packet Page 522 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Reg3lar Meeting Agenda Packet Page 523 of 561 May 21, 2024 Operating Capital and Projects Operating capital and projects capture costs associated with the repair and maintenance of capital assets, replacement of equipment, studies, and all other project type costs that do not result in the acquisition or construction of a capital infrastructure asset. Tentative I Operating Capital and Projects Budget Town Manager Strategic Plan update 50,000 Website Implementation 20,000 Total for Town Manager $70,000 Human Resources Learning Management Software 100,000 Total for Human Resources $100,000 Finance New Software for Budget report 50,000 Total for Finance $50,000 Technology Services New Permitting/Licensing System 506,104 Data Storage array replacement 135,750 Network Management and Project Consulting Services & Upgrades 327,420 New Building Access Control System 500,000 PCWIN Maintenance Fees 219,564 Office Space remodel 50,000 Computer, Printer, Monitor, and equipment Replacements 175,375 Police Radio Replacements 700,000 Total for Technology Services $2,614,213 Development Services Open Space and Wildlife Conservation Plan 300,000 On Call 3rd Party reviews 50,000 Total for Development Services $350,000 Police Police Officers Unfunded Pension Liability 13,592,934 Body/Vehicle Camera Storage Solutions 351,263 Total for Police $13,944,197 Marana Town Council Reg3lar Meeting Agenda Packet Page 524 of 561 May 21, 2024 Tentative Operating Capital and Projects Budget Public Works i Construction, Planning and Monitoring Software solution 400,000 Consulting Services for Grant Opportunities 75,000 MOC Siting Study 75,000 Senior Center Front Desk Replacement 35,000 MMC Server Room HVAC Upgrade - Buildings A & B 140,000 MOC Server Room HVAC Upgrade 35,000 Lighting Maintenance 40,000 Crossroads Park Building Insulation Upgrade 60,000 Total for Public Works $860,000 Parks and Recreation Replacement of Equipment and Small Vehicles for Parks properties 314,571 Light Pole Replacement 30,000 Parking Lot Treatment at San Lucas, Ora Mae Ham Parks 70,000 Total for Parks and Recreation $414,571 Water Fund Operating Rate & Fee Study 105,000 Risk and Resilience Assessment (half of total cost) 75,000 Total for Water Operating $180,000 Water Reclamation Fund Operating Sewer Master Plan Update 60,000 Clarifier Baffle Replacement 110,000 SCADA Master Plan 100,000 Risk and Resilience Assessment (half of total cost) 75,000 Spare IMLR Pump for Running Two Aeration Basins 25,000 Spare Blower 70,000 Total for Wastewater Operating $440,000 Airport Fund Operating Surveillance Cameras/Security 78,100 Zero Turn Blower 13,000 Total for Airport Operating $91,100 New Vehicle Purchases (Not part of replacement program) Vehicles for 3 Police Officers 281,670 Vehicle for Public Works Supervisor 64,200 Vehicle for Facilities Tech Positions 64,200 Total for New Vehicle Purchases $410,070 Marana Town Council Reg3lar Meeting Agenda Packet Page 525 of 561 May 21, 2024 Operating Capital and Projects Vehicle Replacements* Unit 2010 - 2010 Ford F350 Crew Cab Long Bed Unit 2011 - 2010 Ford F350 Crew Cab Long Bed Unit 1011 - 2015 Ford Fusion Sedan Unit 1013 - 2015 Chevrolet Tahoe PPV Unit 1022 - 2015 Chevrolet Tahoe SSV Unit 1027 - 2016 Chevrolet Impala Unit 1030 - 2017 Chevrolet Impala Unit 1032 - 2017 Chevrolet Tahoe SSV Unit 2002 - 2008 Ford Explorer - Assigned to VIPS Unit 2026 - 2012 Ford F150 (Water Reclamation) Unit 2018 - 2012 Ford F350 Super Cab 4x4 Utility Unit 2029 - 2013 Toyota Tacoma Extended Cab 4x4 Unit 280 - 2005 Ford F150 Super Cab (Airport) Unit 2012 - 2010 Ford F450 (HURF) Street Sweeper (HURF) Unit 611 - 2005 Ford F650 Dump Truck (HURF) Carry -forward purchases** Unit 578 - 2013 Chevrolet Caprice Unit 581 - 2013 Chevrolet Caprice Unit 582 - 2013 Chevrolet Caprice Unit 591 - 2013 Chevrolet Tahoe Unit 595 - 2014 Chevrolet Tahoe Unit 596 - 2014 Chevrolet Tahoe Unit 1014 - 2015 Chevrolet Tahoe Unit 2056 - 2014 Ford F-150 Super Cab Unit 579 - 2013 Chevrolet Caprice F650 Super Cab (Water) Costs for vehicles that have arrived, but not yet outfitted (Gen. Fund & Water) Total for Vehicle Replacements Grand Total Tentative Budget 70,000 70,000 49,371 97,705 95,333 49,371 49,371 95,333 51,000 62,000 104,500 52,800 65,000 104,500 100,000 143,500 97,705 97,705 97,705 97,705 97,705 97,705 97,705 54,906 97,705 138,800 635,643 $2,870,773 $ 22,394,924 * Vehicle Replacements reflect the use of replacement dollars set aside in previous fiscal years and reflect the organization's commitment to ensuring employees have safe and reliable vehicles and equipment needed to provide a high level of service. "Some vehicle replacements presented above were scheduled for purchase in the prior year, but a shortage of vehicles will delay delivery by the manufacturer until fiscal year 2024-2025. Thus, the corresponding vehicles and updated budget amounts were carried forward to this year's proposed budget. Marana Town Council Reg3lar Meeting Agenda Packet May 21, 2024 Page 526 of 561 Capital Projects A complete list of the Town's five-year Capital Improvement Plan is included in a different section of this document. The following projects and initiatives, being funded in part or in whole by the General Fund, are being considered in the 2024-2025 fiscal year budget process and are currently factored in when calculating the estimated ending fund balance for fiscal year 2024-2025. Many of these projects were included in the prior year budget and are being continued into the current year budget. Tentative budget MMC Reception area remodel Remodel front desk to accommodate additional staff and increase safety 250,000 Court Room 2, Remodel Design Expand Court Room 2 200,000 El Rio Recreation Area Parking Lot To create additional parking at the El Rio Recreation area 360,511 Marana Gateway Monument Signage Create permanent structures at key Marana roadways and intersections 386,395 MMC Fiber Optic Upgrade Create redundancy for Town's network 100,000 Tangerine Sky Park, Phase 2 Expansion of the Park and parking lot 1,617,276 MOC Generator Replacement Replace and upgrade aging generator 600,000 MMC Generator Upgrade Replace and upgrade aging generator to provide coverage to all electrical systems 2,043,950 MOC Roof & HVAC Replacement Replace aging roof and HVAC equipment 482,500 MMC HVAC Mechanical Systems upgrade Replace and upgrade aging equipment - design 1,213,010 MOC Security Walls & New Entry Gate Security and safety improvements at the MOC 419,450 Ora Mae Ham Park Remediation Close out and secure existing old pool 100,000 Facilities Master Plan Fundinq for design of facilities projects 7,260,000 Total for General Fund $15,033,092 * Some of the projects above started construction in fiscal year 2024 and will be completed in fiscal year 2024- 2025 or later. Thus, amounts presented above reflect estimates of budget appropriation that may be needed to finish the projects and may be adjusted further prior to the issuance of the final budget. Marana Town Council Reg3laar Meeting Agenda Packet Page 527 of 561 May 21, 2024 CARRY FORWARD REQUESTS MARANA Marana Town Council Reg3lar Meeting Agenda Packet Page 528 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Reg31aar Meeting Agenda Packet Page 529 of 561 May 21, 2024 Carry Forward Requests The following items present select projects and purchases that were requested for carry forward into the fiscal year 2024-2025 budget. The amounts included within this section are projected carry forward, and only reflect the request to expend remaining budget approved in the prior fiscal year. Transportation related, infrastructure and impact fee funded projects are not included below. A complete list of the Town's five-year Capital Improvement Plan is included in a different section of this document. Carry Forward Requests - Updated Tentative budget Police Outfitting of vehicles for new positions in FY2024 Radios for officers and vehicles Total for Police Public Works MMC Generator upgrade MOC Roof & HVAC Replacement MOC Security Walls, New Entry Gate Marana Gateway Monument Signage MOC Generator Replacement MMC Reception Area Remodel Total for Public Works Parks and Recreation Tangerine Sky Park, Phase 2 - Design Total for Parks and Recreation 473,195 81,807 555,002 2,043,950 482,500 419,450 186,395 600,000 200,000 $3,932,295 147,276 147,276 Development Services 2024 General Plan - (Open Space and Wildlife Conservation Plan) 300,000 Total for Development Services $300,000 Technology Services New Permitting/Licensing System Network upgrades (hardware) & Fiber optic redundancy project Total for Technology Services Vehicle Replacements Vehicles from the FY2024 planned replacements Total for Vehicle Replacements General Fund Total 506,104 201,420 707,524 1,301,893 $1, 301, 893 $6, 943, 990 Marana Town Council Reg3laar Meeting Agenda Packet May 21, 2024 Page 530 of 561 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Regu4laar Meeting Agenda Packet Page 531 of 561 May 21, 2024 AUTHORIZED PERSONNEL MARANA Marana Town Council Regu4lar Meeting Agenda Packet Page 532 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Regu4lar Meeting Agenda Packet Page 533 of 561 May 21, 2024 TENTATIVE AUTHORIZED POSITION SCHEDULE FISCAL YEAR 2024-2025 2022 2022 2023 2023 2024 2024 2025 Adopted Actual Adopted Actual Adopted Estimated Tentative Town Manager Town Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Deputy Town Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Executive Assistant to the Town Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Town Engineer 1.00 1.00 - - - - - Administrative Assistant 1.00 1.00 - - - - - Assistant to the Town Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Cultural Heritage Specialist - - - - 0.50 0.50 1.00 Communication and Marketing Division Communications Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Communications Specialist 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Graphics Designer 1.50 - - - - - - Senior Visual Communications Designer - - - - - 1.00 1.00 Visual Communications Designer - 1.50 2.50 2.50 2.50 1.50 2.00 Special Events Division Special Events Coordinator 1.00 - - - - - - i 8.50 8.50 9.00 9.00 10.00 IIIIIIIIIIIIIIIIIL • Town Clerk 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Deputy Town Clerk 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Executive Assistant 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Records Clerk 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Human Resources Human Resources Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Human Resources Deputy Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Risk Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Organizational Development Manager - - - - 1.00 1.00 1.00 Sr. Human Resources Analyst 2.00 2.00 2.00 - - - - Marana Town Council Reguullar Meeting Agenda Packet Page 534 of 561 May 21, 2024 TENTATIVE AUTHORIZED POSITION SCHEDULE FISCAL YEAR 2024-2025 2022 2022 2023 2023 2024 2024 2025 Adopted Actual Adopted Actual Adopted Estimated Tentative Senior Human Resources Generalist - - - 2.00 2.00 2.00 2.00 HRIS Administrator - - 1.00 - - - - HRIS & Payroll Manager - - - 1.00 1.00 1.00 1.00 HR Manager - - - - - - 1.00 Payroll Administrator - - - 1.00 1.00 1.00 1.00 Payroll Technician - - - 1.00 1.00 1.00 1.00 Human Resources Analyst 1.00 1.00 1.00 - - - - Human Resources Generalist - - - 1.00 1.00 1.00 1.00 Executive Assistant 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Safety Division Safety & Emergency Management Coordinator 1.00 1.00 1.00 - - - - Safety & Health Coordinator - - - 1.00 1.00 1.00 1.00 Safety Compliance Specialist - - 1.00 - - - - Safety & Health Specialist - - - 1.00 1.00 1.00 1.00 Finance Finance Director 1.00 1.00 1.00 "11111ME111F 1.00 1.00 1.00 1.00 Finance Deputy Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Finance Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Revenue & Customer Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Budget Analyst 1.00 1.00 1.00 - - - - Budget Manager - - - 1.00 1.00 1.00 1.00 Payroll Administrator 1.00 1.00 1.00 - - - - Payroll Technician - - 1.00 - - - - Procurement Officer 1.00 1.00 1.00 1.00 1.00 2.00 2.00 Procurement Specialist - - 1.00 1.00 1.00 - - Financial Specialist 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Grants Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Accountant 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Senior Accounting Associate 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Accountant - - - - - - 1.00 Marana Town Council Reguullar Meeting Agenda Packet Page 535 of 561 May 21, 2024 TENTATIVE AUTHORIZED POSITION SCHEDULE FISCAL YEAR 2024-2025 2022 2022 2023 2023 2024 2024 2025 Adopted Actual Adopted Actual Adopted Estimated Tentative Accounting Associate 0.75 0.75 1.00 1.00 1.00 1.00 1.00 License & Tax Specialist 1.00 1.00 1.00 1.00 1.00 1.00 2.00 Customer Service Representative 2.00 2.00 3.00 - - - - Customer Service Specialist - - - 3.00 3.00 3.00 3.00 Town Attorney 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Deputy Town Attorney 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Assistant Town Attorney 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Assistant Town Attorney 1.00 2.00 2.00 1.00 1.00 1.00 1.00 Associate Town Attorney 1.00 - - 1.00 1.00 1.00 1.00 Paralegal 1.00 - - - - - - Senior Legal Assistant - 1.00 1.00 1.00 1.00 1.00 1.00 Legal Assistant 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Legal Document Specialist - - - - - 1.00 1.00 Legal Document Specialist 1.00 1.00 1.00 1.00 1.00 - - Senior Legal Specialist - - - - - 1.00 1.00 Legal Clerk 1.00 1.00 1.00 1.00 1.00 - - Technology Services Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Technology Services Deputy Director - - 1.00 1.00 1.00 1.00 1.00 Technology Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Technology Supervisor 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Senior Network Administrator 1.00 2.00 2.00 1.00 1.00 1.00 1.00 Network Administrator 1.00 - - 1.00 1.00 1.00 1.00 Senior Software Developer - - - - 1.00 1.00 1.00 Software Developer 1.00 1.00 1.00 1.00 - - - Senior GIS Analyst 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Marana Town Council Regu4lar Meeting Agenda Packet Page 536 of 561 May 21, 2024 TENTATIVE AUTHORIZED POSITION SCHEDULE FISCAL YEAR 2024-2025 2022 2022 2023 2023 2024 2024 2025 Adopted Actual Adopted Actual Adopted Estimated Tentative GIS Analyst 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Technology Analyst 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Technology Support Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Technology Support Specialist II 2.00 2.00 2.00 2.00 3.00 3.00 3.00 Technology Support Specialist I - - 1.00 1.00 1.00 1.00 2.00 Asset Systems Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Assets Coordinator - - - - - 1.00 1.00 Assets Coordinator 3.00 3.00 3.00 3.00 3.00 2.00 2.00 Director of Economic &Tourism Development 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Tourism & Marketing Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Tourism Marketing Specialist - - - - - - 1.00 Economic Development Specialist 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Graphics Designer 0.50 - - - - - - Visual Communications Designer - 0.50 0.50 0.50 0.50 0.50 - Community & Neighborhood Services Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Community Outreach Coordinator 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Housing Rehabilitation Specialist 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Executive Assistant 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Code Enforcement Division Chief Code Enforcement & Animal Control Officer 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Code Enforcement Officer II 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Code Enforcement Officer 1 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Animal Services Division Animal Control Officer 3.00 3.00 3.60 3.60 3.60 3.60 3.60 Marana Town Council Regu4laar Meeting Agenda Packet Page 537 of 561 May 21, 2024 TENTATIVE AUTHORIZED POSITION SCHEDULE FISCAL YEAR 2024-2025 2022 2022 2023 2023 2024 2024 2025 Adopted Actual Adopted Actual Adopted Estimated Tentative Development Services Administration Development Services Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Business Process Supervisor 1.00 - - - - - - Business Process Manager - - - - - 1.00 1.00 Development Services Analyst - 1.00 1.00 1.00 1.00 - - Executive Assistant 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Building Safety Chief Building Official 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Assistant Building Official 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Business Process Supervisor - - 1.00 1.00 1.00 1.00 1.00 Senior Plans Examiner 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Plans Examiner 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Building Inspector II 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Building Inspector 1 2.00 3.00 3.00 3.00 3.00 3.00 3.00 Permit Clerk 1.00 - - - - - - Development Coordinator 2.00 - - - - - - Permit Technician - 3.00 3.00 3.00 3.00 3.00 5.00 Engineering Development Services Deputy Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Floodplain Manager - - - 1.00 1.00 1.00 1.00 Civil Engineer 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Environmental Project Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Environmental Specialist - - 1.00 1.00 1.00 1.00 1.00 Senior Engineering Specialist - - - - - 1.00 1.00 Engineering Specialist 2.00 2.00 3.00 3.00 3.00 2.00 2.00 Development Engineering Division Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Development Coordinator 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Real Property Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Marana Town Council Reguullar Meeting Agenda Packet Page 538 of 561 May 21, 2024 TENTATIVE AUTHORIZED POSITION SCHEDULE FISCAL YEAR 2024-2025 2022 2022 2023 2023 2024 2024 2025 Adopted Actual Adopted Actual Adopted Estimated Tentative Development-. Real Property Coordinator 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Executive Assistant 1.00 - - - - - - Planning Planning Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Development Coordinator - 1.00 1.00 1.00 1.00 1.00 1.00 Senior Planner 5.00 5.00 5.00 5.00 5.00 5.00 5.00 Chief of Police 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Deputy Chief of Police 1.00 - - - - 1.00 1.00 Police Captain 1.00 2.00 2.00 2.00 2.00 2.00 2.00 Police Lieutenant 3.00 4.00 4.00 4.00 4.00 4.00 4.00 Police Sergeant 14.00 14.00 15.00 15.00 15.00 15.00 15.00 Police Officer 70.00 70.00 73.00 73.00 78.00 77.00 80.00 Police Detective 5.00 5.00 7.00 7.00 7.00 7.00 7.00 Police Records Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Police Telecommunications Manager 1.00 - - - - - - Police Telecommunications Supervisor 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Dispatcher 13.00 13.00 13.00 13.00 13.00 13.00 14.00 Police Records Specialist 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Police Records Clerk 4.00 4.00 4.00 4.00 4.00 4.00 4.00 Crime Scene Property & Evidence Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Property & Evidence Records Clerk 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Crime Analyst 1.00 - - - - - - Senior Crime Analyst - 1.00 1.00 1.00 1.00 1.00 1.00 Crime Scene Specialist 3.00 3.00 3.00 3.00 3.00 3.00 3.00 Administrative Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Police Assets Coordinator - - - - 1.00 1.00 1.00 Marana Town Council Regu41a8r Meeting Agenda Packet Page 539 of 561 May 21, 2024 TENTATIVE AUTHORIZED POSITION SCHEDULE FISCAL YEAR 2024-2025 2022 2022 2023 2023 2024 2024 2025 Adopted Actual Adopted Actual Adopted Estimated Tentative Customer Service Representative 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Executive Assistant - - - 1.00 - 1.00 1.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 - - Town Magistrate 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Court Operations Specialist 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Court Administrator 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Court Probation Monitor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Court Security Officer 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Court Collections Specialist 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Court Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Courtroom Specialist 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Courtroom Specialist 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Court Clerk 3.00 3.00 3.00 3.00 3.00 3.00 3.00 Senior Court Clerk 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Public Works Administration Public Works Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Public Works Deputy Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Traffic Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Executive Assistant 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Business Process Analyst - - - - 1.00 1.00 1.00 Fleet Division Superintendent 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Public Works Supervisor - - - 1.00 1.00 1.00 1.00 Fleet Coordinator - - - - - - 1.00 Lead Fleet Technician 1.00 1.00 2.00 1.00 1.00 1.00 1.00 Marana Town Council Regu4laar Meeting Agenda Packet Page 540 of 561 May 21, 2024 TENTATIVE AUTHORIZED POSITION SCHEDULE FISCAL YEAR 2024-2025 2022 2022 2023 2023 2024 2024 2025 Adopted Actual Adopted Actual Adopted Estimated Tentative Fleet Technician II Fleet Technician I Equipment Mechanic Streets Division Superintendent Traffic Technician III Traffic Technician II Signs & Markings Technician Signs & Marking Specialist Public Works Supervisor Equipment Operator II Equipment Operator I Maintenance Associate III Public Works Maintenance Associate III Maintenance Associate II Public Works Maintenance Associate II Maintenance Associate I Public Works Maintenance Associate I Engineering Aide Senior Engineering Specialist Engineering Specialist Facilities Division Superintendent Public Works Supervisor Facilities Tradesman Facilities Technician II Facilities Specialist Facilities Technician I Custodian II 2.00 2.00 2.00 2.00 2.00 2.00 2.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 2.00 2.00 2.00 2.00 3.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 5.00 5.00 - - - - - - - 5.00 5.00 5.00 5.00 4.00 1.00 1.00 - - - - - - - 1.00 1.00 1.00 1.00 4.00 4.00 4.00 - - - - - - - 4.00 4.00 4.00 4.00 1.00 1.00 1.00 1.00 1.00 - - - 1.00 1.00 1.00 1.00 1.00 1.00 1.00 - - - - 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 3.00 3.00 3.00 1.00 1.00 1.00 1.00 - - - 2.00 2.00 2.00 2.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 - - - - - - Marana Town Council Reg5laar Meeting Agenda Packet Page 541 of 561 May 21, 2024 TENTATIVE AUTHORIZED POSITION SCHEDULE FISCAL YEAR 2024-2025 2022 2022 2023 2023 2024 2024 2025 Adopted Actual Adopted Actual Adopted Estimated Tentative continuedPublic Works, Lead Custodian - 1.00 1.00 1.00 1.00 1.00 1.00 Custodian 1 3.00 - - - - - - Custodian - 3.00 3.00 3.00 4.00 4.00 4.00 Capital Improvement Program Town Engineer - - 1.00 - - - - CIP Engineering Division Manager 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Project Manager 3.00 3.00 4.00 4.00 4.00 4.00 4.00 CIP Process Analyst 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Construction Inspector - - - - - 3.00 3.00 Construction Inspector 3.00 3.00 4.00 4.00 4.00 1.00 1.00 Senior Right of Way Inspector - - - - - 1.00 1.00 Right of Way Inspector 1.00 1.00 1.00 1.00 1.00 - - Project Coordinator - CIP 1.00 1.00 1.00 1.00 1.00 1.00 1.00 hL.. Parks & Recreation Parks & Recreation Administration Parks and Recreation Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parks and Recreation Deputy Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Executive Assistant 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Superintendent 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Business Process Manager 1.00 - - - - - - Business Process Supervisor - 1.00 1.00 1.00 1.00 1.00 1.00 Recreation Supervisor (Special Events) - 1.00 1.00 1.00 1.00 1.00 1.00 Recreation Division Superintendent - - - - 1.00 1.00 - Recreation Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Recreation Programmer 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Maintenance Division Superintendent 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Marana Town Council Regular Meeting Agenda Packet Page 542 of 561 May 21, 2024 TENTATIVE AUTHORIZED POSITION SCHEDULE FISCAL YEAR 2024-2025 2022 2022 2023 2023 2024 2024 2025 Adopted Actual Adopted Actual Adopted Estimated Tentative Parks Maintenance Supervisor 4.00 4.00 4.00 4.00 4.00 4.00 4.00 Irrigation Control Specialist 2.00 - - - - - - Irrigation Control Technician - 2.00 3.00 3.00 3.00 3.00 3.00 Maintenance Associate III 15.00 15.00 16.00 - - - - Parks and Recreation Lead Maintenance Associate - - - - - 5.00 5.00 Parks and Recreation Maintenance Associate III - - - 17.00 17.00 12.00 12.00 Maintenance Associate II 4.00 4.00 4.00 - - - - Parks and Recreation Maintenance Associate II - - - 4.00 5.00 5.00 5.00 Maintenance Associate 1 7.00 7.00 7.00 - - - - Parks and Recreation Maintenance Associate I - - - 5.00 5.00 5.00 5.00 Parks Project Specialist - - - 1.00 1.00 1.00 1.00 Community Center and Aquatics Division Superintendent - - - - - - 1.00 Operations Supervisor - - - - - - 1.00 Aquatic Maintenance Technician 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Facilities Technician II - - - - - - 1.00 Recreation Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Recreation Programmer 1.00 1.00 1.00 1.00 1.00 1.00 7.00 Recreation Program Coordinator - - - - - - 2.00 Technology Support Specialist - - - - - - 1.00 Customer Service Representative - - - - - - 1.00 Custodian - - - - - - 4.00 Special Interests Division Customer Service Representative 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Recreation Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Recreation Programmer 1.00 1.00 1.00 1.00 2.00 2.00 2.00 Outdoor Division Recreation Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Recreation Programmer 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Maintenance Associate III 1.00 1.00 1.00 - - - - Parks and Recreation Maintenance Associate III - - - 1.00 2.00 2.00 2.00 Marana Town Council Regular Meeting Agenda Packet Page 543 of 561 May 21, 2024 TENTATIVE AUTHORIZED POSITION SCHEDULE FISCAL YEAR 2024-2025 2022 2022 2023 2023 2024 2024 2025 Adopted Actual Adopted Actual Adopted Estimated Tentative Maintenance Associate 1 1.00 1.00 1.00 - - - - Parks and Recreation Maintenance Associate I - - - 1.00 - - - Water Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Water Deputy Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Water Business Services Coordinator 1.00 - - - - - - Water Business Services Supervisor - 1.00 1.00 1.00 1.00 1.00 1.00 Water Business Services Analyst 1.00 - - - - - - Business Financial Manager - 1.00 1.00 1.00 1.00 1.00 1.00 Water Distribution Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Water Production Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Water Resource Coordinator 1.00 1.00 1.00 - - - - Water Resources Administrator - - - 1.00 1.00 1.00 1.00 Water Quality Supervisor 1.00 - - - - - - Chief Water Quality Operator - 1.00 1.00 1.00 1.00 1.00 1.00 Water Quality Specialist - - - 1.00 1.00 1.00 1.00 Water Quality Technician 2.00 2.00 3.00 2.00 2.00 2.00 2.00 Water Construction Inspector 1.00 1.00 1.00 1.00 2.00 1.00 1.00 Backflow Prevention Inspector - - - - - 1.00 1.00 Water Conservation Specialist - - 1.00 - - - - Water Conservation Analyst - - - 1.00 1.00 1.00 1.00 Facilities Tradesman 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Water Operator III 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Water Operator II 7.00 7.00 6.00 6.00 6.00 6.00 6.00 Water Operator 1 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Civil Engineer 2.00 1.00 2.00 2.00 2.00 2.00 2.00 CIP Engineering Division Manager - 1.00 1.00 - - - - Water Engineering Manager - - - 1.00 1.00 1.00 1.00 Water Billing Specialist 2.60 2.60 3.00 3.00 3.00 3.00 4.00 SCADA Administrator 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Marana Town Council Regular Meeting Agenda Packet Page 544 of 561 May 21, 2024 TENTATIVE AUTHORIZED POSITION SCHEDULE FISCAL YEAR 2024-2025 2022 2022 2023 2023 Adopted Actual Adopted Actual Water Technology Support Specialist II 1.00 1.00 1.00 1.00 Executive Assistant 1.00 1.00 1.00 1.00 Water Operations Manager 1.00 1.00 1.00 1.00 2024 2024 2025 Adopted Estimated Tentative 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Water Reclamation Operations Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Chief Water Reclamation Operator 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Water Reclamation Operator II 2.00 2.00 3.00 3.00 3.00 3.00 3.00 Water Reclamation Operator 1 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Water Reclamation Mechanic 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Associate Water Reclamation Mechanic 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Airport Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Airport Operations Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Administrative Assistant - - 1.00 1.00 1.00 1.00 1.00 Maintenance Associate III 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Maintenance Associate II - - - - - - 1.00 Marana Town Council Reg5lar Meeting Agenda Packet Page 545 of 561 May 21, 2024 AUDITOR GENERAL SCHEDULES MARANA l4r Marana Town Council Regu`Jlar Meeting Agenda Packet Page 546 of 561 May 21, 2024 THIS PAGE INTENTIONALLY LEFT BLANK MARANA AZ Marana Town Council Reg5laar Meeting Agenda Packet Page 547 of 561 May 21, 2024 Official Budget Forms Town of Marana Fiscal year 2025 3/22 Arizona Auditor General Marana Town Council Regular Meeting Agenda Packet Official City/TomPrYq3df Wt5Pbrms May 21, 2024 Town of Marana Table of Contents Fiscal year 2025 Resolution for the adoption of the budget Schedule A —Summary Schedule of estimated revenues and expenditures/expenses Schedule B—Tax levy and tax rate information Schedule C—Revenues other than property taxes Schedule D—Other financing sources/(uses) and interfund transfers Schedule E—Expenditures/expenses by fund Schedule F—Expenditures/expenses by department (as applicable) Schedule G—Full-time employees and personnel compensation 3/22 Arizona Auditor General 158 Official City/Town Budget Forms Marana Town Council Regular Meeting Agenda Packet Page 549 of 561 May 21, 2024 Town of Marana Summary Schedule of estimated revenues and expenditures/expenses Fiscal year 2025 S Funds Fiscal c h Special Revenue Capital Projects Enterprise Funds Internal Service year General Fund Fund Debt Service Fund Fund Permanent Fund Available Funds Total all funds 2024 Adopted/adjusted budgeted expenditures/expenses* E 1 77,026,555 13,051,469 15,356,954 155,743,417 0 69,386,635 5,696,168 336,261,198 2024 Actual expenditures/expenses** E 2 58,988,253 7,224,654 9,793,591 36,751,090 0 27,620,024 5,034,958 145,412,570 Beginning fund balancel(deficit) or net positionl(deficit) at 2025 July 1*** 3 122,048,887 14,279,830 9,608,410 123,486,943 0 46,212,164 3,452,583 319,088,817 2025 Primary property tax levy B 4 0 0 2025 Secondary property tax levy B 5 2,637,569 316,508 2,954,077 2025 Estimated revenues other than property taxes C 6 80,688,255 10,107,377 1,833,045 128,718,848 0 44,314,207 6,211,485 271,873,217 2025 Other financing sources D 7 0 0 8,500,000 19,849,957 0 23,060,492 0 51,410,449 2025 Other financing (uses) D 8 0 0 0 0 0 0 0 0 2025 Interfund transfers in D 9 0 100,000 8,108,347 1,808,471 0 10,603,706 0 20,620,524 2025 Interfund Transfers (out) D 10 6,201,898 0 0 5,785,060 0 8,633,566 0 20,620,524 Line Reduction for fund balance reserved for future 2025 budget year expenditures 11 Maintained for future debt retirement 0 Maintained for future capital projects 0 Maintained for future financial stability 20,172,064 20,172,064 Maintained for future retirement contributions 0 0 2025 Total financial resources available 12 176,363,180 24,487,207 30,687,371 268,395,667 0 115,557,003 9,664,068 625,154,496 2025 Budgeted expenditures/expenses E 13 105,182,082 14.809.088 11,452,942 226,095,819 0 99,988,058 6,211,485 473,739,474 Expenditure limitation comparison 2024 2025 1 Budgeted expenditures/expenses $ 336,261,198 $ 473,739,474 2 Add/subtract: estimated net reconciling items 3 Budgeted expenditureslexpenses adjusted for reconciling items 336,261,198 473,739,474 4 Less: estimated exclusions 5 Amount subject to the expenditure limitation $ 336,261,198 $ 473,739,474 6 EEC expenditure limitation $ $ OThe city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted. ` Includes expenditure/expense adjustments approved in the current year from Schedule E. ** Includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. *** Amounts on this line represent beginning fund balance/(deficit) or net position/(deficit) amounts except for nonspendable amounts (e.g., prepaids and inventories) or amounts legally or contractually required to be maintained intact (e.g., principal of a permanent fund). 3/22 Arizona Auditor General Marana Town Council R yugrk/leeting Agenda Packet officawity/yoown Budget Forms May15 , 2024 Town of Marana Tax levy and tax rate information Fiscal year 2025 2024 2025 Maximum allowable primary property tax levy. A.R.S. §42-17051(A) $ $ 2. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18) $ 3. Property tax levy amounts A. Primary property taxes $ $ Property tax judgment B. Secondary property taxes 2,435,494 2,954,077 Property tax judgment C. Total property tax levy amounts $ 2,435,494$ 2,954,077 4. Property taxes collected* A. Primary property taxes (1) Current year's levy $ (2) Prior years' levies (3) Total primary property taxes $ B. Secondary property taxes (1) Current year's levy $ 2,398,962 (2) Prior years' levies 19,788 (3) Total secondary property taxes $ 2,418,749 C. Total property taxes collected $ 2,418,749 5. Property tax rates A. City/Town tax rate (1) Primary property tax rate Property tax judgment (2T Secondary property tax rate 2.8000 2.8000 Property tax judgment (3 Total city town tax rate 2.8000 2.8000 B. Special assessment district tax rates Secondary property tax rates —As of the date the proposed budget was prepared, the city/town was operating three special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. * Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. 3/22 Arizona Auditor General Marana Town Coun I�elau!rMting Agenda Packe92 tOfflClal City/Townu getforms 160 Town of Marana Revenues other than property taxes Fiscal Year 2025 Estimated Estimated Source of revenues revenues Actual revenues* revenues 2024 2024 2025 General Fund Local taxes Sales taxes $ 35,123,831 $ 44,103,089 $ 43,684,077 Licenses and permits Building and development fees 3,516,000 7,678,757 5,885,300 Business and license fees 145,000 160,845 155,000 Animal fees 81,500 72,989 78,700 Franchise fees 575,000 579,619 600,000 Host fees 300,000 296,559 320,000 Intergovernmental State shared sales taxes 8,263,841 5,417,795 8,445,646 Urban revenue sharing 14,720,978 14,829,456 12,215,403 Auto lieu 2,960,801 2,629,134 2,655,425 Federal - ARPA Charges for services Charges for services 823,000 608,761 723,500 Fines and forfeits Court fines and fees 389,500 407,086 389,500 Interest on investments Interest 2,000,000 4,444,444 4,565,479 Contributions Voluntary contributions 146,100 210,091 172,325 Miscellaneous Other miscellaneous 740,945 966,566 797,900 Total General Fund $ 69,786,496 $ 82,405,191 $ 80,688,255 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Special revenue funds Community development block grants $ 260,000 $ 60,041 $ 348,691 Affordable housing revolving 2,000 1,449 2,000 Other grants and contributions 3,057,149 1,721,193 3,057,149 RICO 20,000 22,353 30,000 $ 3,339,149 $ 1,805,036 $ 3,437,840 Impound $ 11,600 $ 8,400 $ 16,000 Bed tax 1,450,000 1,730,626 1,600,000 Local JCEF 8,000 5,448 8,000 Fill the GAP 4,500 2,583 4,500 $ 1,474,100 $ 1,747,057 $ 1,628,500 Local technology enhancement $ 50,000 $ 32,565 $ 50,000 Highway user revenue 5,079,784 5,221,200 4,991,037 $ 5,129,784 $ 5,253,765 $ 5,041,037 Total special revenue funds $ 9,943,033 $ 8,805,858 $ 10,107,377 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Marana Town Council Re ular Meeting Agenda Packet Page 552 of 561 3/22 Arizona Auditor General IO�dPW!! lF4 Official City/Town Budget Forms 161 Town of Marana Revenues other than property taxes Fiscal Year 2025 Estimated Estimated Source of revenues revenues Actual revenues* revenues 2024 2024 2025 Debt service funds Tangerine farms road improvement district $ 2,020,059 $ 1,622,912 $ 1,729,002 Gladden farms CFD debt 2025 Overall Summary_TENT 187,000 104,043 Saguaro springs CFD debt $ 2,207,059 $ 1,622,912 $ 1,833,045 Total debt service funds $ 2,207,059 $ 1,622,912 $ 1,833,045 Capital projects funds Transportation $ 4,200,000 $ 14,084,376 $ 10,282,526 Half cent sales tax 6,561,367 7,855,996 8,790,654 Impact fee funds 1,545,684 6,848,643 3,172,836 Other capital projects 23,878,438 10,926,406 72,048,197 $ 36,185,489 $ 39,715,421 $ 94,294,213 Downtown reinvestment $ 456,500 $ 341,914 $ 526,500 Regional transportation authority 13,431,903 381,305 24,791,135 Pima association of governments 9,772,250 9,107,000 $ $ 723,219 23,660,653 $ 34,424,635 Total capital projects funds $ 59,846,142 $ 40,438,640 $ 128,718,848 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Permanent funds Total permanent funds $ $ $ Enterprise funds Water utility $ 15,145,285 $ 17,250,242 $ 20,023,586 Airport 7,376,814 2,719,845 15,920,893 Water reclamation utility 5,680,280 6,888,013 8,369,728 $ 28,202,379 $ 26,858,100 $ 44,314,207 Total enterprise funds $ 28,202,379 $ 26,858,100 $ 44,314,207 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Internal service funds Health benefits Dental benefits $ 5,344,168 $ 5,614,691 $ 5,819,845 352,000 375,186 391,640 $ 5,696,168 $ 5,989,877 $ 6,211,485 Total internal service funds $ 5,696,168 $ 5,989,877 $ 6,211,485 Total all funds $ 175,681,277 $ 166,120,578 $ 271,873,217 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Marana Town Council Re ular Meeting Agenda Packet Page 553 of 561 3/22 Arizona Auditor General IV�dy W!!bF4 Official City/Town Budget Forms 162 Town of Marana Other financing sources/(uses) and interfund transfers Fiscal year 2025 Other financing Interfund transfers 2025 2025 Fund Sources (Uses) In (Out) General Fund Other grants and contributions $ $ $ $ 100,000 Transportation 1,508,471 2014 debt service 661,397 2017 debt service 549,890 2024 refunding debt service 1,212,000 Airport 1,183,766 Water utility 986,374 Water reclamation utility Total General Fund $ $ $ $ 6,201,898 Special revenue funds Other grants and contibutions $ $ $ 100,000 $ Total special revenue funds $ $ $ 100,000 $ Debt service funds 2014 debt service $ $ $ 661,397 $ 2017 debt service 2,643,700 2024 debt service 3,591,250 2024 refunding debt service 1,212,000 Saguaro springs CFD 4,850,000 Gladden Farms II CFD 3,650,000 Total debt service funds $ 8,500,000 $ $ 8,108,347 $ Capital projects funds Transportation $ $ $ 1,808,471 $ 964,490 Impact fees 19,849,957 1,229,320 Half cent sales tax 3,591,250 Total capital projects funds $ 19,849,957 $ $ 1,808,471 $ 5,785,060 Permanent funds Total permanent funds $ $ $ $ Enterprise funds Airport $ $ $ 1,183,766 $ Water utility 23,060,492 4,707,278 5,280,307 Water reclamation utility 4,712,662 3,353,259 Total enterprise funds $ 23,060,492 $ $ 10,603,706 $ 8,633,566 Internal service funds Total Internal Service Funds $ $ $ $ Total all funds $ 51,410,449 $ $ 20,620,524 $ 20,620,524 Marana Town Coun�e I Mgting Agenda Packet Pa 5 4 of 01 3/22 Arizona Auditor General `�'i� Official City/Townu get Forms 163 Town of Marana Expenditures/expenses by fund Fiscal year 2025 Adopted budgeted expenditures/ expenses Fund/Department 2024 General Fund Non -departmental $ 3,925,801 $ Mayor and council 387,745 Town manager 1,600,517 Town clerk 570,215 Human resources 1,772,626 Finance 1,898,127 Legal 1,244,565 Technology services 5,889,155 Economic development and tourism 326,774 Development services 4,559,388 Police 21,631,429 Courts 1,326,710 Public works 8,354,401 Parks and recreation 7,593,941 Community development 1,319,486 Capital outlay 9,625,675 Contingency 5,000,000 Total General Fund $ 77,026,555 $ Special revenue funds Highway user revenue $ 6,765,028 $ Revolving affordable housing 105,000 Local JCEF 131,805 Fill the GAP 34,500 Local technology 78,000 Community development block grants 260,000 Bed tax 1,950,000 Other grants and contributions 3,580,336 RICO 121,800 Impound fees 25,000 Total special revenue funds $ 13,051,469 $ Debt service funds Series 2013 debt $ 3,016,125 $ Series 2014 debt 651,201 Series 2017 debt 2,580,125 Series 2024 Series 2024 refunding debt Tangerine farms ID debt 2,333,819 Gladden farms CFD debt 777,557 Galdden farms, Phase II CFD debt 608,477 Saguaro springs CFD debt 5,389,650 Total debt service funds $ 15,356,954 $ Expenditure/ expense adjustments approved 2024 Actual expenditures/ expenses* 2024 Budgeted expenditures/ expenses 2025 $ 3,643,174 $ 4,425,976 150,000 508,303 400,486 1,571,356 1,678,187 408,609 606,742 1,628,210 2,195,874 1,751,926 2,293,277 1,125,184 1,348,734 5,321,766 7,898,069 329,370 364,918 3,688,436 4,796,771 20,524,450 35,249,318 1,275,927 1,389,174 6,657,222 16,123,659 7,110,103 9,386,206 1,274,417 1,414,734 2,169,800 10,609,957 (150,000) 5,000,000 $ 58,988,253 $ 105,182,082 $ 4,002,144 $ 8,116,176 105,000 131,805 34,500 21,556 82,500 60,041 348,691 1,382,972 2,152,840 1,721,193 3,690,676 36,748 116,900 30,000 $ 7,224,654 $ 14,809,088 $ 3,016,125 $ 651,201 655,416 2,580,325 2,580,075 4,667,042 1,184, 931 1,622,912 1,729,002 776,556 877,631 608,047 4,436,544 538,425 5,322,301 $ 9,793,591 $ 21,452,942 Marana Town Council Re ular Meeting Agenda Packet Page 555 of 561 3/22 Arizona Auditor General Ordyh9qu%& Official City/Town Budget Forms 164 Town of Marana Expenditures/expenses by fund Fiscal year 2025 Adopted Expenditure/ budgeted expense Actual Budgeted expenditures/ adjustments expenditures/ expenditures/ expenses approved expenses* expenses Fund/Department 2024 2024 2024 2025 Capital projects funds Transportation $ 28,793,914 $ $ 3,883,529 $ 33,018,301 Impact fee funds 13,359,676 6,812,596 35,049,199 Other capital projects 25,144,227 2,639,027 84,700,392 Downtown reinvestment 425,000 1,125,000 Pima association of governments 9,772,250 9,107,000 Regional tranportation authority 13,431,903 381,305 24,791,135 Half cent sale tax fund 63,170,697 23,028,883 36,289,042 Gladden farms CFD 1,128,500 1,750 1,253,500 Galdden farms, Phase II CFD 52,750 2,250 182,750 Saguaro springs CFD 464,500 1,750 579,500 Total capital projects funds $ 155,743,417 $ $ 36,751,090 $ 226,095,819 Permanent funds Total permanent funds $ $ $ $ Enterprise funds Water utility $ 39,059,108 $ $ 20,593,411 $ 49,247,672 Airport 8,337,685 2,984,172 17,104,659 Water reclamation utility 21,989,842 4,042,441 33,635,727 Total enterprise funds $ 69,386,635 $ $ 27,620,024 $ 99,988,058 Internal service funds Health benefits $ 5,344,168 $ $ 4,758,090 $ 5,819,845 Dental benefits 352,000 276,868 391,640 Total internal service funds $ 5,696,168 $ $ 5,034,958 $ 6,211,485 Total all funds $ 336,261,198 $ $ 145,412,570 $ 473,739,474 Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. Marana Town Council Re ular Meeting Agenda Packet Page 556 of 561 3/22 Arizona Auditor General OSh9q� !!b& Official City/Town Budget Forms 165 Town of Marana Expenditures/expenses by department Fiscal year 2025 Adopted Expenditure/ budgeted expense Actual Budgeted expenditures/ adjustments expenditures/ expenditures/ expenses approved expenses* expenses Department/Fund 2024 2024 2024 2025 Economic development and tourism General fund $ 326,774 $ $ 323,337 $ 404,918 Downtown Reinvestment fund 425,000 425,000 Bed tax fund 1,139,816 411,738 1,330,349 Department total $ 1,891,590 $ $ 735,075 $ 2,160,267 List department: Police: General fund $ 22,530,049 $ $ 20,312,502 $ 35,868,017 Grants and contributions 1,190,336 1,341,277 1,499,179 RICO 121,800 40,779 116,900 Impound fees 25,000 30,000 Department total $ 23,867,185 $ $ 21,694,558 $ 37,514,096 List department: Court: General fund $ 1,326,710 $ $ 1,220,754 $ 1,589,979 Local JCEF 131,805 131,805 Fill the GAP 34,500 34,500 Local tech enhancement 78,000 24,549 82,500 Department total $ 1,571,015 $ $ 1,245,303 $ 1,838,784 List department: Public works: General fund $ 13,217,186 $ $ 6,778,567 $ 12,114,566 Highway user revenue fund 6,282,878 3,362,105 7,519,099 Department total $ 19,500,064 $ $ 10,140,672 $ 19,633, 665 List department: Parks and recreation: General fund $ 8,617,693 $ $ 7,737,274 $ 11,639,307 Highway user revenue fund 482,150 342,640 597,077 Department total $ 9,099,843 $ $ 8,079,914 $ 12,236,384 List department: Community development: General fund $ 1,319,486 $ $ 968,833 $ 1,414,734 CDBG 260,000 58,572 348,691 Revolving affordable housing 105,000 105,000 Department total $ 1,684,486 $ $ 1,027,405 $ 1,868,425 * Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. Marana Town CounciJ,Reylar �eting Agenda Packet Page 557 of 561 n 3122 Arizona Auditor General � u Official City/Town Budget Forms 166 Town of Marana Full-time employees and personnel compensation Fiscal year 2025 Total estimated Full-time Employee salaries Other benefit personnel equivalent (FTE) and hourly costs Retirement costs Healthcare costs costs compensation Fund 2025 2025 2025 2025 2025 2025 General Fund 424.60 $ 32,298,153 $ 18,775,033 $ 5,753,105 $ 3,324,062 $ 60,150,353 Special revenue funds Bed tax 2.00 $ 164,525 $ 19,942 $ 51,951 $ 12,956 $ 249,374 Total special revenue funds 2.00 $ 164,525 $ 19,942 $ 51,951 $ 12,956 $ 249,374 Enterprise funds Water utility 36.00 $ 2,702,227 $ 319,087 $ 521,731 $ 249,872 $ 3,792,917 Airport 5.00 286,103 33,700 77,897 40,030 437,730 Water reclamation utility 8.00 582,349 66,996 139,336 59,159 847,840 Total enterprise funds 49.00 $ 3,570,679 $ 419,783 $ 738,964 $ 349,061 $ 5,078,487 Total all funds 475.60 $ 36,033,357 $ 19,214,758 $ 6,544,020 $ 3,686,079 $ 65,478,214 Marana Town Council Regular Meeting Agenda Packet Page 558 of 561 3/22 Arizona Auditor General IRRP" b,94 Official City/Towns Budget Forms 167 1w t MARANA AZ Marana Municipal Complex 11555 W Civic Center Drive Marana, AZ 85653 MaranaAZ.gov / (520) 382-1900 a 4 L MARANA ESTABLISHED 1 9 7 7 Council -Regular Meeting Meeting Date: 05/21/2024 To: Mayor and Council Submitted For: Andrea De La Cruz, Assistant to the Town Manager From: Andrea De La Cruz, Assistant to the Town Manager Date: May 21, 2024 Strategic Plan Focus Area: Thriving Commerce, Vibrant Community Subject: Relating to Public Art; presentation, discussion and selection of public art design concept for fabrication and installation along Avra Valley Road near the Marana Regional Airport for the 2024 Transportation Art by Youth (TABY) project (Andrea De La Cruz) Discussion: The Town was awarded $75,000 in funding for a Transportation Art By Youth (TABY) project through the Pima Association of Governments (PAG). This public art piece will be designed and constructed under the supervision of a contract artist, with the assistance of two Marana High School CTE Welding Program instructors as well as three students from the program. The piece will be installed in Town owned right-of-way along Avra Valley Road, near the Marana Regional Airport. During tonight's presentation, Staff will provide Council with a presentation summarizing the public art project, including the Marana Public Art Review Committee's involvement, collaboration with Marana High School, and the project timeline. Staff will also be presenting two different art concepts to Council, and seeking direction on which concept is most appropriate to move forward with for construction and installation. Moving forward, upon receiving direction from Council, the Town will finalize the selected design concept and begin the construction and installation process, working directly with the selected artist and the Marana High School CTE Welding Program. Installation is anticipated to occur in August 2024. Marana Town Council Regular Meeting Agenda Packet Page 560 of 561 May 21, 2024 Staff Recommendation: Staff recommends approval to move forward with one of the design concepts. Suggested Motion: I move to approve design concept for the 2024 Transportation Art By Youth (TABY) project. No files) attached. Attachments Marana Town Council Regular Meeting Agenda Packet Page 561 of 561 May 21, 2024