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Home My WebLink About06/26/2007 Special Council Meeting Agenda Packet AMENDED SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 26, 2007, at or after 6:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Tim Escobedo Carol McGorray Roxanne Ziegler 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 PAGERS AND CELL PHONES. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall 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. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, 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. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com. by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than June 25, 2007, 6:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. AMENDED SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 26, 2007, at or after 6:00 p.m. SPECIAL MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council m~st complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement ofthe meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS 1. Relating to Personnel; approving and authorizing the Employee Performance Management System (Mike Reuwsaat) 2. Police Department Update (Barbara Harris) ANNOUNCEMENTS/UPDATES PROCLAMATIONS F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. AMENDED SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 26, 2007, at or after 6:00 p.m. 1. Resolution No. 2007-116: Relating to Development; approving and authorizing a fmal plat for Ina Auto Car Care center (Kevin Kish) 2. Resolution No. 2007-117: Relating to the Tangerine Farms Road Improvement District; approving and authorizing a contract with NBS Government Finance Group to provide special assessnient administration services (Erik Montague) J. COUNCIL ACTION 1. PUBLIC HEARING. Resolution No. 2007-118: Relating to Budget: adoption of the Fiscal 2007-08 Final Budget (Erik Montague) 2. Ordinance No. 2007.17: Relating to Building; adopting by reference the 2006 International Fire Code with local amendments; amending Marana Town Code Title 7 by revising section 7-1-2 and establishing an effective date (John Huntley). Resolution No. 2007-119: Relating to Building; declaring the International Fire Code, with local amendments, to Town Code Title 7 adopted by Marana Ordinance No. 2007.17 as a public record filed with the Town Clerk; and declaring an emergency (John Huntley) 3. Resolution No. 2007-120: Relating to Streets; approving and authorizing a proposed alignment for the extension of Marana Main Street north of Grier Road (Gilbert Davidson) 4. Resolution No. 2007-121: Relating to Public Works; authorizing the submittal of an application to the Arizona Department of Transportation for the completion of the Santa Cruz River Shared Use Path and approving cash match funding for the project (Barbara Johnson) 5. Resolution No. 2007-122: Relating to Public Works; authorizing the submittal of an application to the Arizona Department of Transportation for the completion of sidewalks on Silverbell Road and approving cash match funding for the project (Barbara Johnson) 6. Resolution No. 2007-123: Relating to Parks and Recreation; authorizing the creation of a Recreation Services Annex in Continental Ranch and authorizing the execution of a lease agreement with Coachline Shops, L.L.c. for commercial space to house the Annex (Tom Ellis) 7. Discussion of Bobby Sutton indenmification agreement (Frank Cassidy) AMENDED SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 26, 2007, at or after 6:00 p.m. K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSION 1. Executive Session: Relating to property acquisition;-requesting direction and bidding instructions from the Mayor and Council for the Arizona State Land Department auction of approximately 90.71 acres of land adjacent to the Marana Regional Airport and including portions of the runway safety zone (Jim DeGrood) 2. Executive Session pursuant to A.R.S. ~38-431.03(A)(3),(4):(6) and (7) for legal advice with the Town Attorney concerning water rights issues and to consult with and instruct the Town Attorney and the Town Manager concerning the 1979 intergovernmental agreement between the Town of Marana and Pima County relating to sewer service within the Marana town limits and to direct the Town Manager and Town Attorney with respect to that agreement (Frank Cassidy) Executive Session pursuant to A.R.S. ~38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon- the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 26, 2007, at or after 6:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Tim Escobedo Carol McGorray Roxanne Ziegler 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 COURTESYTOOTHERS1rLEASE TURNO~F OR rUT1N SILENTMODE ALL PAGERS AND CELL PHONES. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall 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. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, 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. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com. by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than June 25,2007,6:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 26,2007, at or after 6:00 p.m. SPECIAL MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. 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. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staffto review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS 1. Relating to Personnel; approving and authorizing the Employee Performance Management System (Mike Reuwsaat) 2. Police Department Update (Barbara Harris) ANNOUNCEMENTSffiPDATES PROCLAMATIONS F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 26, 2007, at or after 6:00 p.m. 1. Resolution No. 2007-116: Relating to Development; approving and authorizing a fmal plat for Ina Auto Car Care center (Kevin Kish) 2. Resolution No. 2007-117: Relating to the Tangerine Farms Road Improvement District; approving and authorizing a contract with NBS Government Finance Group to provide special assessment administration services (Erik Montague) J. COUNCIL ACTION 1. PUBLIC HEARING. Resolution No. 2007-118: Relating to Budget: adoption of the Fiscal 2007-08 Final Budget (Erik Montague) 2. Ordinance No. 2007.17: Relating to Building; adopting by reference the 2006 International Fire Code with local amendments; amending Marana Town Code Title 7 by revising section 7-1-2 and establishing an effective date (John Huntley). Resolution No. 2007-119: Relating to Building; declaring the International Fire Code, with local amendments, to Town Code Title 7 adopted by Marana Ordinance No. 2007.17 as a public record filed with the Town Clerk; and declaring an emergency (John Huntley) 3. Resolution No. 2007-120: Relating to Streets; approving and authorizing a proposed alignment for the extension of Marana Main Street north of Grier Road (Gilbert Davidson) 4. Resolution No. 2007-121: Relating to Public Works; authorizing the submittal of an application to the Arizona Department of Transportation for the completion of the Santa Cruz River Shared Use Path and approving cash match funding for the project (Barbara Johnson) 5. Resolution No. 2007-122: Relating to Public Works; authorizing the submittal of an application to the Arizona Department of Transportation for the completion of sidewalks on Silverbell Road and approving cash match funding for the project (Barbara Johnson) 6. Resolution No. 2007-123: Relating to Parks and Recreation; authorizing the creation of a Recreation Services Annex in Continental Ranch and authorizing the execution of a lease agreement with Coachline Shops, L.L.C. for commercial space to house the Annex (Tom Ellis) 7. Discussion of Bobby Sutton indemnification agreement (Frank Cassidy) SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 26, 2007, at or after 6:00 p.m. K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSION 1. Executive Session: Relating to property acquisition; requesting direction and bidding instructions from the Mayor and Council for the Arizona State Land Department auction of approximately 90.71 acres of land adjacent to the Marana Regional Airport and including portions of the runway safety zone (Jim DeGrood) Executive Session pursuant to A.R.S. ~38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Maran a Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 26, 2007 AGENDA ITEM: E.I TO: MAYOR AND COUNCIL FROM: Michael R. Reuwsaat, Town Manager SUBJECT: Relating to Personnel; approving and authorizing the Employee Performance Management System DISCUSSION The Town of Marana will implement a new Employee Performance Management System (EPMS) that aligns the employee evaluation system with the Town's values and goals, as well as provides a mechanism that recognizes and rewards high-performing professionals. Managing Performance Effectively: With an effective EPMS, managers and employees will practice good performance management, by executing each key component process (planning, monitoring, developing, rating, and rewarding). Goals are set and work is planned routinely. Progress toward those goals is measured and employees are given feedback. High standards are set, but care is also taken to develop the skills needed to reach them. Formal and informal rewards are used to recognize the behavior and results that accomplish the mission. All five component processes working together and supporting each other achieve natural, effective performance management. Performance Management System TOWN OF MARANA .............................................................. · PERFORMANCE PLANNING, COACHING, AND EVALUATION PROCESS · (PPC&E) 1 OVERVIEW · PPC&E - WHAT'S IT ABOUT · PERFORMANCE PLANNING · COACHING · EVALUATION AND RATING · EDUCATION AND TRAINING · PROCESS IMPLEMENTATION PPC&E - WHA T'8 IT ABOUT .............................................................. · Clear communications of expectations · Supporting our core values · A dual role for manager and employee · Coaching for improvement · Distinguishing strengths/weaknesses 2 PERFORMANCE PLANNING · Employee and manager work together to establish performance goals/objectives. · Task are job description based. · Understanding who will be involved in the evaluation process. · Key competencies that impact performance identified. · The plan period will correspond to fiscal year COACHING .............................................................. · Complementing performance strengths. · Early identification of areas in need of performance improvement. · Establishing a corrective action plan. · Distinguishing between performance coaching and career coaching need. 3 EVALUATION AND RATING · A manager's assessment of an employee's accomplishments during past 12 months. · Common evaluation date for all employees - Dept. Heads by Aug. 1 - Supervisors by Sept. 1 - Li ne Staff by Oct. 1 EVALUATION AND RATING .............................................................. · Five rating categories: - Far Exceeded in All Areas - Consistently Exceeded in All Key Areas - Consistently Met and Exceeded in Many Key Areas - Consistently Met - Did Not Meet Requirements of Job. 4 EDUCATION AND TRAINING .............................................................. · Detailed education and training program for managers. · Detailed education and training program for non-managers. · Focus on roles and responsibilities · The appeal process. · The performance improvement plan. PROCESS IMPLEMENTATION .............................................................. · April 2007, program introduction. · June/July 2007, education and training. · Evaluations using new Performance Management System: - Dept. Heads by Aug. 1 - Supervisors by Sept. 1 - Line Staff by Oct. 1 5 PROCESS IMPLEMENTATION .............................................................. · Since evaluation date will be common for all employees, date for awarding any merit increase earned will also be common. · January 1, 2008, salaries adjusted to reflect a common increase date. 6 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA June 26, 2007 AGENDA ITEM: TO: MAYOR AND COUNCIL FROM: Barbara Harris, Assistant Chief of Police SUBJECT: Police Department Update; community policing DISCUSSION E.2 Tonight's presentation includes a brief overview of each of the departments as well as the status of the department's commitment to community policing. A TT ACHMENTS Power point presentation RECOMMENDATION Information only. SUGGESTED MOTION None required. BLU police update 6-26-07.doc Marana Police Department "Making a !!:ositive Qifference" Department Vision Statement: The Marana Police Department pledges to provide the highest standards of Service, Professionalism and Integrity to those we protect and serve. Department Mission Statement The Marana Police Department will work cooperatively with our community to provide a safe place to live, work and visit. Values Service ~ Professionalism ~ Integrity Marana Police Department "Making a !!:ositive Qlfference" Strategic Goals 1. Create and Implement a Community Partnership Plan 2. Create and Implement a Career Development Plan 3. Facilitate Internal Communications 4. Facilitate External Communications 5. Provide Exemplarv Internal Service 6. Provide Exemplarv External Service Marana Police Department "Making a f!:ositive Qlfference" om.. of tile Chief Chief VId..rrt AIC ....... Lt. Carnsco Teell.lcal ........ Op__lIona AdmllllslnltlYe ......... ........ DI_. ..-.. Dhlblon .....- DI...._ Lt. AlYII...z Lt. Asllcraft Lt. ........... Lt. ......_z Lt. linitis.... 1 Marana Police Department "Making a eosltlve Qlfference" Office of the Chief: Chief Richard Vidaurri; AlC Barbara Harris; Executive Officer Lt. Joe Carrasco -Current projects (both new and revisions): . Strategic Plan Creation . Capital Improvement Identification Internal Affairs System Upgrade Use of Force Tracking System . Grants programs coordination . Monthly meetings with other Town Departments moving toward "Community Government" Responses to problems . Vision and leadership through Division changes . ~~~ti~~~.~~~~~:';~::e:~r;rt~o;~r~;~~ f:~~~~lgTt?s~o~ specific . Monthly contribution to Department newsletter . Media outreach . ~~~~e~~i~r~~~~Ch through HOA's, Neighborhood Watch and . Community Policing Institutionalization- Education and Plan Marana Police Department "Making a eosltive Qlfference" Technical Services Division: Lt. Paul Ashcraft - Current projects (both new and revisions): . New software system - Vendor and PCSO coordination . PCWlN - Pima County Wireless Integrated Network . Communications area reconfiguration . Staff study on scheduling for optimum coverage radio1911 . Training manual . Standardized Communication Policy Manual . On-line Reporting System . Collaboration with Courts on targeting offenders through warrant service . New Inventory and Supply system Form modification for better documentation MDT's Monthly Division updates in Department newsletter Marana Police Department "Making a eosltlve Qifference" SUDDort Services Division: Lt. Dan Bourland -Current projects (both new and revisions): . GIS Crime Mapping Unit restructuring . Case assignment w/solvability factors . Detective upgrade . Crime Analysis . Cold Case Review . Traffic Reconstruction Duties . Crime Scene Unit Certification Program Internet crimes against children task force memo of understanding Monthly Division updates in Department newsletter 2 Marana Police Department "Making a !!osltlve Qlfference" Operations Division: Lt. Jose Alvarez; Lt. Roberto Jimenez - Current projects (both new and revisions): . Beat Program . Homeland Security - (UASI Committee) . Activity Sheets - Statistical Information System . Staff Study on Deployment, Staffing and Beat Restructuring . Fleet Management System . Special Event Coordination using ICS . Critical Incident Management Practicals . Traffic emphasis on Road Rage, DUI, Speeding and Red Light violation, (accident analysis will be done concurrently) . Auto Theft and DUI Grant special details . Specialty Unit deployment - Equestrian, Motors, Canine . Monthly Division updates in Department newsletter Marana Police Department "Making a !!osltlve Qlfference" Administrative Division: Lt. Dale Bradshaw - Current projects (both new and revisions): . Recruiting and Retention . Policy and Procedures Update System . New Mandatory Towing Program . Career Development Plan . Volunteer Program restructure . Advanced Officer Training configuration . Collaboration with Beat Officers in the areas of: - HOA and Neighborhood Watch Expansion - Crime prevention Interaction - Community Policing activities . Monthly Division updates in Department newsletter 3 AND NOW....... Marana Police Department "Making a I!.ositive Qifference" At the heart of the police transition to community-based, problem-oriented policing is the question: "HOW DO THE POLICE IDENTIFY AND DELIVER HIGH-QUALITY SERVICES TO THE COMMUNITY?" 4 Marana Police Department "Making a eositive Qifference" To identify and deliver high-quality services to the community, MPD plans to employ community-based, problem-oriented policing by doing the following: ~ Forming partnerships with our community to identify needs ~ Translating those needs into police services and programs that can be efficientlv and effectivelv delivered to (and with) the community Marana Police Department "Making a f!:ositive Qifference" . Past delivery of police services: - Reactive - Unscientific - Little attention given to proactive policing Reactive Policina Current Model Proactive Policina CBPOP Model Police seek crime solutions before the crimes occur Police resoond to citizen calls for assistance Patrol is routine and unstructured 911 calls drive police activity Disoatch section dictates police activity E~phasis on solvina ~. . cnmes .:...~ Balance Is needed between Reactive and Proactive efforts Patrol is taraeted Crime oatterns drive police activity Crime Analysis and Research also dictates police activity Emphasis on oreventina crimes 5 Marana Police Department "Making a !!.ositive Qifference" . Community-based, problem-oriented policing relies on the identification of problems by both rank-and-file officers and members of the community they serve. . For this purpose, problems are defined as: - ReDeated incidents; . Occurring in the community; . With related characteristics ; . That concern both the community and the police. . Problems can be looked at using a "Crime Triangle" Marana Police Department "Making a !!.ositive Qifference" Crime Triangle . ~ E The crime triangle provides a way of thinking about recurring problems of crime and disorder. E This idea assumes that crime or disorder results when (1) likely offenders and (2) suitable targetsfvictims come together at (3) a location/place Remove one of the sides of the triangle and the problem is gone. Marana Police Department "Making a Positive Difference" A new MPD project which incorporates the community based problem oriented policing philosophy is the "Beat Program". This program has the following components: ... 24-hour involvement by Beat officers who are working toward common goals Fixed officer assignments in one of four beats for a one year period A specifically assigned "Beat" Sergeant who will conduct monthly Beat meetings to manage and direct Beat efforts Formation of partnerships with the community to proactively identify and address specific problems ... ... ... 6 Marana Police Department "Making a [!ositive D.ifference" "Beat Program" components continued: .. Contacts with business owners .. Attendance at HOA and Neighborhood Watch Meetings .. Interaction by Beat officers with people who live, work and play in that beat .. Identification and apprehension of criminals who ~ upon our community .. Response to Calls for Service with "Beat Integrity" being a priority "If you leave a broken window unfixed. it is an indicator of a lack of so<~ial coneern and will lead to more signm<>ant sodal and neighborhood deeay." Through the Beat Program, one of the problems MPD plans to identify and address is nuisance and problem properties/conditions within our community to assure the best possible quality of life for residents and business owners and the best possible "Marana Experience" for visitors. Marana Police Department "Making a Positive Difference" Community Policing Elements Community Problem Solvina Oraanizational Partnershios Transformation Multi-disciplinary partnerships with other . Scanning Decision-making government agencies, . Analysis Leadership non-profit and community . Response Planning and Policies ~E~~~:~~~~:~:e . Assessment ~1=~~~::~nment between law (everyone does CBPOP, enforcement agency and not just a few) community partners ::~~:~~~~~~ng and ~~~~riUn~=ion, Personnel evaluation and coordination and supervision with CBPOP collaboration emphasis Training in CBPOP principles 7 Marana Police Department "Making a eositive Qifferencen Two case history examples with application to our community- Apartment Complex Crime in Santa Barbara, CA Traffic Accidents in Arlington, Virginia Aoartment Comolex Crime in Santa Barbara CA Scanning Police received high numbers of disturbance, littering, and vehicle crime complaints from an apartment complex. Owner resisted efforts to improve the property. Analysis Owner had 34 other properties in the city, many in disrepair and requiring a disproportionate amount of police services. Apartments were dirty, illegally subdivided, in violation of fire and building codes. For the prior year, 758 arrestees had listed these apartments as their residence. Response Toured a well-maintained property with owner; asked residents to maintain logs; photographed poor living conditions; prosecuted slumlord. Assessment Ongoing. As a condition of probation, owner must appear in court monthly to document progress. Scanning During one year, 4,082 accidents were reported to police. Due to underreporting, the actual number of accidents was estimated to be three times higher. Analysis GIS was used to identify accident hotspots. Using a threshold of at least ten accidents in the preceding twelve months, 49 hotspots were identified. Accident reports were analyzed to determine most prevalent times, prevailing road conditions, and likely causes. Officers observed hotspots at various times of day. Interviews were conducted with individuals involved in accidents. Response Problem.solving training for traffic officers, installation of turn-lane arrows, reconfiguration of light cycles. Ongoing at time of publication. Assessment Regular meetings are held to detennine progress. Officers are evaluated not only on their effectiveness in reducing accidents, but on their ability to incorporate problem-solving principles. 8 9 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA June 26, 2007 AGENDA ITEM: 1.1 TO: MAYOR AND COUNCIL FROM: Kevin Kish AICP, Planning Director SUBJECT: Resolution No. 2007-116: Relating to Development; approving and authorizing a Imal plat for Ina Auto Car Care Center. DISCUSSION The request is for final plat approval of a 6-lot commercial subdivision on 3.83 acres. The proposed subdivision is generally located on the south side of Ina Road, approximately 0.3 miles east ofI-lO. The area within the final plat is zoned VC (Village Commercial). A development plan for this site was approved in 1986 by Pima County and the development was built shortly after. The Town of Marana annexed the property in 1993 with Marana Ordinance 93.12. Six buildings exist on the site including Jiffy Lube, Majestic Automotive, Car Wash, Spectrum Auto Paint and two multi-suite commercial shell buildings. The owners would like to sell some of the buildings; therefore a final plat is necessary in order to divide the property. The applicants agreed to improve the landscaping on the property and to provide ADA parking for which a separate plan has been approved. A cross parking, access and maintenance agreement will be recorded with the final plat. Since this property is already developed, no other improvements are required. A preliminary plat was not required due to the adoption of Marana Ordinance 2006.09 which allows a subdivision of 10 lots or fewer to go directly to final plat. ATTACHMENTS Application and location map and reduced final plat. RECOMMENDATION Staff recommends approval of a final plat for Ina Auto Car Care Center. Staff has reviewed the application for compliance with the Marana Land Development Code and the Marana General Plan. This final plat is in conformance with all required development regulations. SUGGESTED MOTION I move to approve Resolution No. 2007-116. MARANA RESOLUTION NO. 2007-116 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR INA AUTO CAR CARE CENTER. WHEREAS, the applicant, Ashby Surveying and Drafting, Inc., representing the property owners of Ina Auto Car Care Center, has applied for approval of a final plat for a 6-lot commercial subdivision, on 3.83 acres, and generally located on the south side of the Ina Road, approximately 0.3 miles east of Interstate 10, within Section 6 Township 13 South and Range 13 East; and WHEREAS, the Town Council, at their meeting on June 26, 2007 has determined that Ina Auto Car Care Center final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Ina Auto Car Care Center final plat, a 6-lot commercial subdivision on 3.83 acres, and generally located on the south side of Ina Road, approximately 0.3 miles east of Interstate 10, within Section 6, Township 13 South and Range 13 East, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 26th day of June 2007. ATTEST: Mayor Ed Hone Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-116 ....:::-).. '" .~ ~, MARANA ~.~~~j I "- t~OIMAUtU. TOWN OF MARANA Planning Department 11555 W. Civic Center Dr. Marana AZ 85653 (520) 382-2600 Fax: (520) 382-2639 PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION {Check One) o Preliminary Plat )( Final Plat o Development Illan o Landscape Plan o Native Plant Permit o General Plan Amendment o Specific Plan Amendment o Rezone/Specific Plan o Significant Land Use Change o Minor Land Division o Variance o Conditional Use Permit o Other 'REV\'tED Gross Area (Acre/Sq. Ft.) 3.833 ac (166,979 s.f.) General Plan Designation {To be confirmed b sta Current Zoning To be confirmed b sta Proposed Zoning Village Commercial Development/Project Name Project Location Description of Project Ina Auto Car Care Center 4401 West Ina Road Property Owner Street Address 6 Lot Subdivision Ina Auto Car Care LLC 6740 N. Oracle Road Suite 120 City Tucson State AZ Zip Code 85704 Phone Number 591-2310 Fax Number E-Mail Address Contact Person Gary Heinfeld Phone Number 591-2310 Applicant Street Address Ashby Surveying & Drafting, Inc. 717 N. Swan Road City Tucson State AZ Zip Code 85711 Phone Number 325-1991 Fax Number 325-2074 E-Mail Address asadinc@qwest.net Contact Person Michael Schloeman Phone Number 325-1991 Agent/Representati ve Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person I, the undersigned, certify that all of the facts set forth in this application are true 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 and checklist. (If not owner of record, attac. h written a. uthorization from the owner.) tLQQ ~VClD la-co; .&~a;' 0dtf.Ln J J"3 Vt 01 Si ature Date X:\SHARED FILES\Review Checklist\Application.doc May 2005 ,,",",,- ~--~ Final Plat for Ina Auto Car MARANA Care Center ~/!~ CASE NO.PRV-06141 TOWN OF MARANA nil I III ~BP ~ (:7: Jj)/'- ~~_Hl~ - - I X< 'r- /- 1/ ID I I I I III I I n:---:. >--' -Lti- = I I T\ \~ " I _ Unincorporated f = I=-- Ii-' \ C\ " II Pima County 1f=1= J ~ '~I - I I I I I I it=: ~ -= ~~ J : 111111'1\(IIIII~rI~ rrLlDrrnE i~ ,~ ~ ITIIIIJ_ L= . ~ ~ I I I I I \ -- JF- I ~ ~ I I I)_~ r-)-{IY ~~~ I I I I \ ~ ~ " u- c- IJ/ I~' L I------ 1\---1 ~ 1 r I? r 11r- II IJlll U Subject I ~ ~ Property I~, ' ~ I.~~L 4 L r- ~ ~ ~ ~ ('J L >-0::: ."" _J ~ ( ~ I---J ~ .~..~ ~~ I <.. ::> ~. I ~ ~ 2~.? 2?O Feet (l) I \ ...~ .. ""l "\ .~ .'" REQUEST L.J Approval of a 6-lot commercial final plat for I na Auto Car Care Center TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 26,2007 AGENDA ITEM: 1.2 TO: MAYOR AND COUNCIL FROM: Erik Montague, Finance Director SUBJECT: Resolution No. 2007-117: Relating to the Tangerine Farms Road Improvement District; approving and authorizing a contract with NBS Government Finance Group to provide special assessment administration services. DISCUSSION In December 2006, the Town of Marana, Arizona, Tangerine Farms Road Improvement District (the District) issued $25,774,000 in improvement district bonds for the purposes of financing the construction costs of the Tangerine Farms Road improvements. Benefiting property owners within the district were assessed their proportionate share of the improvements including all financing costs associated with the issuance of debt. Funding for special assessment administration costs in the amount of $146,995 was identified in the improvement district debt Issuance. The improvement bonds were issued over a twenty year period and are callable on any interest payment date. Semi-annual installment notices shall be sent by November 1 st and May 1 st of each year and are due on December 1 st and June 1 st, respectively. Installments not received by the due date are considered delinquent. Although the first installment notices will not be sent out until November 1, 2008, staff anticipates that there will be a significant amount of administration activity from the residential portion of the improvement district as early as July 2007. Of the original 243 assessments issued, 241 currently remain outstanding. However, due to possible parcel sales, transfers, splits, prepayments, etc. the actual number of assessments outstanding at any given time may change over time. Due to the number and nature of the assessments and the related billings, staff requested proposals for special assessment administration. The administration of special assessment amounts owed by property owners within the District includes, but is not limited to, the generation of semi-annual bills, revenue collection, delinquency management, prepayment calculations, lien releases, bond calls, etc. Reauest for Proposals In March 2007, staff issued a request for proposals for special assessment administration. Firms were asked to submit proposals with the following minimum elements: Special Assessment Administration Agreement 6/08/2007 11 :03 EM 1. Overview of the company 2. Experience and qualifications 3. Detailed description of services to be provided 4. Listing of clients/references 5. Pricing structure and fees for invoicing, delinquency management, and other services Proposals were due by April 2, 2007. Only NBS Government Finance Group and MuniFinancial submitted proposals. Evaluation A review committee was assembled to independently review and evaluate each submission. Each of the required elements were evaluated utilizing standard criteria to measure the company's ability to meet or exceed the scope of work and key specifications, as well as pricing factors. Based on the recommendations made by the committee, NBS Government Finance Group was selected as the most qualified firm. ATTACHMENTS Professional Services Agreement with NBS Government Finance Group; Scope of Services (Exhibit A); NBS insurance certificate. RECOMMENDATION Staff recommends approval and authorization ofthe contract with NBS Government Finance Group to provide special assessment administration services. SUGGESTED MOTION I move to approve Resolution No. 2007-117. -2- MARANA RESOLUTION NO. 2007-117 RELATING TO THE TANGERINE FARMS ROAD IMPROVEMENT DISTRICT; APPROVING AND AUTHORIZING A CONTRACT WITH NBS GOVERNMENT FINANCE GROUP TO PROVIDE SPECIAL ASSESSMENT ADMINISTRATION SERVICES. WHEREAS, the Mayor and Council find that the terms and conditions of the contract with NBS Government Finance Group are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Maran a, Arizona, that the contract between the Town of Marana and NBS Government Finance Group attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Town Manager is hereby authorized to execute the contract for and on behalf of the Town of Marana. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby further directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned contract. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 26th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Frank Cassidy, Town Attorney Jocelyn C. Bronson, Town Clerk EXHIBIT A June 4, 2007 Mr. Erik Montague Finance Director Town of Marana Tangerine Farms Improvement District 11555 W. Civic Drive, Bldg A-3 Marana, AZ 85653 Subject: Agreement for Improvement District Administration Services for the Town of Marana Dear Mr. Montague: NBS would like to thank you for the opportunity to provide Improvement District Administration Services for the Town of Marana ("Town"). We look forward to continuing our professional relationship. Please find enclosed three (2) copies of our Executed Agreement as requested by the Town. Upon signing, please return one copy to the undersigned and keep one copy for your records. IScope of Services I Ilmprovement District Administration Services I Expert Resource. First and foremost, NBS will act as the Town's "expert resource," and is available to answer questions and advise the Town on particular issues involving the Improvement Districts. Kick-Off Meeting, Project Schedule. NBS will meet with Town staff, legal counsel and other interested parties to: Establish lines of communication. Clarify the specific project goals and criteria that will meet the Town's preference. Identify and resolve any special circumstances that may be involved in the administration of the districts. Develop project schedules to meet legal requirements and provide for effective interaction of all involved parties. Establish meeting dates consistent with schedule to achieve project milestones. Introduction Letter. NBS will send an introductory letter to each property owner to raise awareness as to who NBS is, our relationship with the Town, and to address billing and collection issues in a "FAQ" (Frequently Asked Questions) format. Data Collection. NBS will gather and review data relevant to the administration of the districts. Data will be obtained from various sources, including Town records and County Assessor information, and establish a database for the improvement districts within our proprietary D-FAST@ management software. 32605 Highway 79 South, Suite 100 I Temecula, CA 92592 1 Toll free: 800.676.75161 Fax: 951.296.1998 Page 1 EXHIBIT A Policy Review. NBS will review polices and procedures that have been established by the Agency for compliance with the governing documents and law. These policies will be incorporated into our service to the Town. Cost Recovery. NBS will identify all costs associated with the administration of the Improvement Districts and recover those costs through the levy process to the extent allowed by law and desired by the Town. These costs may include, but not be limited to Arbitrage Rebate calculation fees, bank fees, and expenses of the Town and its consultants related to the administration of the districts. Fund Analysis. NBS will determine the balance requirements and acquire the current cash balances for the districts. We will make recommendations to ensure that the flow of funds and fund balances are in compliance with bond documents. Cash flow analysis will also be performed to determine any levy shortfall or surplus. Semi-Annual Billings. NBS will calculate the assessment amount for each parcel for each semi-annual billing period and mail the bills to all property owners with clear instructions for making payments. Bills will be mailed on Town letterhead in Town envelopes to improve awareness and collection rates. The invoice format will be approved by the Town. All invoices will include our toll-free phone number for contacting NBS with any questions. All ownership/address changes will be captured and maintained within D-FAST@. Billing Through County Tax Roll. Alternately, if desired by the Town, NBS will provide billing information in the required format to the County for inclusion on the County Tax Roll. Regardless of billing method, NBS will maintain a complete database of all assessments and ownership/address information. Maintain Improvement District Data. NBS will track all parcel changes to ensure that all changes are documented. Historical parcel change and assessment apportionment data will be maintained by NBS. Billing Report. NBS will provide a Billing Report that will show a detail listing of the amounts billed for collection, details of delinquent assessments, fund analysis, paid off parcels and release of liens, all bond call activity, and assessed valuation information. Payment Processing Through National Bank of Arizona Lockbox. The Town desires that all payments received be processed through a lockbox arrangement in order to reduce the administrative burden on Town staff. NBS has discussed lockbox parameters with the Town's bank representative to ensure a smooth implementation. Lockbox fees are nominal and may be waived depending on the Town's banking and deposit activity with the National Bank of Arizona. NBS will receive daily reports of all payment activity and will update our records accordingly to ensure that the Town always has an accurate understanding of payment status. NBS will provide payment posting receipts for use by Town to for accounting reconciliation purposes. Delinquency Monitoring. NBS will provide the Town with a comprehensive list of delinquencies after each installment becomes due. This report will show delinquency percentage as well as a detailed list of each delinquent parcel. A courtesy reminder notice will be sent to delinquent property owners. NBS will provide delinquency reports and other relevant information to the Town's attorney in support of legal/foreclosure activities, including the acquisition of condition of title reports. Prepayment Calculation/Amortization Schedule. NBS will provide assessment prepayment calculations and amortization schedules to interested parties. The requester will pay the cost of this service; however, there will be no charge to the Town or property owners. Bond Payments. NBS will coordinate the normal payments of principal and interest with the Paying Agent/Trustee upon approval by the Town. Bond Calls. NBS will prepare the spread of principal to be called within maturities for all bond calls and coordinate the call with the Paying Agent/Trustee upon approval by the Town. Page 2 EXHIBIT A Release of Liens. NBS will prepare all documents required to release the liens of parcels that have prepaid the assessment. Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the Town, other interested parties and all property owners. Our staff will be available to answer questions regarding the formation and ongoing collection of assessments for the districts. Bilingual staff is available for Spanish- speaking property owners. Online Web Access to Assessment Data. In addition to any desired reporting, NBS will provide the Town with access to D-FAST@Online, our live web portal for viewing assessment information. It supports separate access for Town staff and for the public at large. Via secure login, Town staff can view detailed parcel and assessment information, including billing history, amortization schedules and payoff quotes. The public can view limited and/or summarized information about the assessments. IDelinquency Managementl NBS will develop a comprehensive delinquency management program which includes a discussion and interpretation of the issuer's foreclosure covenant together with a review of the existing polices and procedures of the Town. This service can be provided as part of overall annual administration or as a stand-alone service. When deemed as the appropriate course of action, NBS will perform the following. Delinquency Reports. NBS will provide the Town with an updated list of delinquencies prior to sending any of the below letters. This report will also detail each district's percentage of delinquencies, as well as a detailed list of each delinquent parcel. Late Notices. At the Town's direction, send a courtesy reminder notice, and then a second late notice to the property owner of each delinquent parcel after each billing. The purpose of this notice is to further educate the property owner and advise them of a potential foreclosure. Payment Plans. At the Town's discretion, NBS will offer payment plans to property owners in lieu of turning parcels over to the Town's foreclosure counsel. Subsequent Foreclosure Services. NBS will prepare all information and work with the Town's foreclosure counsel as specified in the RFP. We will assist the Town with the title search and advertising process. We will also continue to supply the Town's counsel with additional information throughout the foreclosure process. We will continue to respond to property owner and Town staff phone calls regarding the status of all cases, and will coordinate and audit status reports on a bi- monthly basis from the Town's foreclosure counsel. Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the Town, other interested parties and all property owners. Our staff will be available to answer questions regarding the formation and ongoing collection of assessments/special taxes for the districts. Bilingual staff is available for Spanish-speaking property owners. IApportionmentsl Section 594 of Title 48 of the Arizona Revised Statutes details the methodology and procedure that the Town must follow in apportioning the assessment lien on parcels that require a modified or corrected assessment. With our experience in district formation and the development of methods of assessment, we are able to ensure that apportionments are properly performed. NBS will perform the following: Application Forms. NBS will provide apportionment application forms and instructions to the Town's Engineering representative for inclusion as a condition of approval for subdivision within an improvement district or other modification or correction of an assessment. Page 3 EXHIBIT A Segregation. NBS will apportion the special assessment according to the method of spread determined at the formation of the district. Assessment Diagram. NBS will prepare an amended assessment diagram. The diagram will be filed and recorded with the County Recorder. Notice of Apportionment Letter. NBS will prepare and mail a notice to each owner of an affected parcel showing the proposed reallocation and stating that the owner may file a written objection to the reallocation within twenty days after the notice was mailed. Apportionment Report. NBS will prepare and submit to the Town an Apportionment Report showing the finalized apportionment and the amended assessment diagram. Mailing of Notice of Hearing (if required). NBS will mail the Notice of Hearing to all affected owners if objections are received within 20 days of mailing of Notice of Apportionment Letter. Resolutions (if required). NBS will prepare the required resolutions to approve or modify and approve the amended assessments as a result of any Hearing required due to property owner objections. Public Meetings (if required). NBS will be available to attend any public meetings required to complete the apportionment. IArbitrage Rebatel To assist in compliance with the IRS Code and U.S. Treasury Regulations, NBS will provide the following services, at the fees quoted, through the firm of Bond Logistix, LLC ("BLX"), formerly known as Orrick, Herrington & Sutcliffe, LLP, the premiere firm for the provision of these services. The following outlines the specific services provided relating to arbitrage rebate calculation and consulting services. Document Review. Pertinent documents of the issue will be reviewed including the Official Statement, Trust Indenture, Tax Certificate, and IRS form 8038-G to determine whether the issue is subject to the rebate requirement and identify what general and/or elective exceptions are available to the issue. Bond Yield. Sources and uses of all proceeds will be identified to determine how the rebate requirement applies to each fund. Produce a debt service schedule for the issue and calculate and/or verify the bond yield. Excess Earnings Calculation. Trust statements and/or Town accounting records will be utilized to create a cash flow report for each fund. These reports will be used to identify all investment activity and interest earnings attributable to the funds. Calculate the arbitrage earnings on investment of funds subject to rebate and determine the issuer's net rebate and/or penalty liability. Investment Yield Calculation. The investment yield will be calculated for each fund as a "reality check" to reaffirm the accuracy of the cash flow report. This measure not only ensures the accuracy of the report but also is a useful tool when analyzing investment opportunities. Summary. A report will be prepared that summarizes the rebate liability of the issue, identifies the methodology employed, computational assumptions, conclusions, and any recommended changes in record keeping and investment policies. Analyze all transactions and explore every legally permissible avenue to minimize the rebate liability. Identify outstanding proceeds subject to the rebate requirement, and identify the instruments and yields of the investment vehicles utilized by each fund. Page 4 EXHIBIT A Filing Requirement. NBS will coordinate the preparation and filing of the IRS form 8038-T with the payment as required. Review. NBS will review the rebate report with Town staff and discuss the policies and procedures as they relate to the rebate requirement to ensure compliance with treasury regulations. The review will also be used to determine the necessity of any future calculations. IContinuing Disclosurel In accordance with the Disclosure Certificate of the issue, NBS will assist in compliance with the annual disclosure requirement of the SEC Continuing Disclosure Rule 15c2-12. Since the establishment of the Rule, the Bond Disclosure Certificate has guided our efforts. We scrupulously follow the requirements of the Disclosure Certificate to assure full compliance by the Town. Even prior to Rule 15c2-12, our consultants had been providing many of the disclosure requirements to the investment community. Specifically, NBS will perform the following: Document Review. NBS will review pertinent documents of the issue, including the Official Statement and Disclosure Certificate. We will identify material such as the Consolidated Annual Financial Report and/or other operating data that the Town has agreed to provide in the Disclosure Certificate. Data Collection. NBS will collect the annual financial information and operating data that the Town has agreed to provide to each Nationally Recognized Municipal Securities Information Repository (NRMSIR) and the appropriate State Information Depository (SID), if any. Report Preparation. NBS will prepare the Annual Disclosure Report as required in the Disclosure Certificate. Annual Dissemination. NBS will disseminate the Annual Disclosure Report to state and national repositories and post to our website to allow public access free of charge. Significant Events. NBS will prepare and disseminate a "Notice of Significant Events", as listed on the Continuing Disclosure Certificate, to the appropriate SID and to either each NRMSIR or the Municipal Securities Rulemaking Board (MSRB). Action will commence upon notification by the Town of the occurrence of any of the events, if deemed by the Town to be material. Typical significant events may include: 1) Principal and interest payment delinquencies 2) Non-payment related defaults 3) Unscheduled draws on debt service reserves reflecting financial difficulties 4) Unscheduled draws on credit enhancements reflecting financial difficulties 5) Substitution of credit or liquidity providers, or their failure to perform 6) Adverse tax opinions or events affecting the tax-exempt status of the security 7) Modifications to the rights of security holders 8) Bond calls 9) Defeasances 10) Release, substitution, or sale of property securing repayment of the securities 11) Rating changes N Page 5 EXHIBIT A Fees Ilmprovement District Administration Services I IDelinquency Managementl Late Notices.................................................................................................................................. ......... $15 Payment Plan Administration. .................... ...... ...... ......... ............. ....... ...... .................... ...... .......... ...... .$150 Subsequent Foreclosure Fees...... ........... ................. ...... ........... ...... ...... ........ ...... ........... ............. ....... $75 * All fees are based on a per parcel/per district basis * Per parcel/per district/per year from the initiation of the foreclosure process. IApportionmentsl Apportionments will be performed upon request and paid for by the requesting party at our then current fee structure, as shown below. NBS will apportion the assessment according to the original method of spread, prepare the amended assessment diagram, mail the notice of apportionment, and prepare an apportionment report for the Town per Section 594 of Title 48 of the Arizona Revised Statutes. Apportionment Fee...............................................................................$1 ,300 base fee for up to 4 parcels plus $35/parcel for every parcel above 4 parcels Recording Fee (each): .......................................................................................................................... .$40 Mailing of Notice of Hearing (if required): ............................................................................ $25 per parcel Resolutions (if required): ..................................................................................................................... .$300 Meeting Attendance (if required):......................................................................... hourly, plus travel costs* * reasonable and customary travel costs, as needed IArbitrage Rebatel Base Fees Commitment Fee:................................................................................................................................ .$500 Report Fee (per report): ...... ..... ............... ...... ...... ..... ........... ............ ...... ........ ...... ...... ..... ................. ....2,250 Additional Service Fees Computation Periods in Excess of 18 Months (per year): ........................................................ $500-1,000 Commingled Funds Analysis (as appropriate): ...........................................................................500-1,000 Transferred Proceeds Analysis (as appropriate): ....................................................................... 500-1,000 Variable Rate Issues: .................................................................................................................. 500-1,000 IContinuing Disclosurel Report Fee (per report) ...................................................................................................................... TBD * *To be determined based on content of Disclosure Certificate N Page 6 EXHIBIT A Significant Event Notification ............................................................................... hourly or $100 per event Dissemination Services Report Dissemination (per recipient) ........................................................................................$25 Significant Event Dissemination (per recipient) ........................................................................$25 Posting to NBS website ..............................................................................................................No charge IAdditional Services I NBS will provide a fee structure for any district closeouts or bond tender programs, depending on the Town's needs and complexity of the programs. Other additional services authorized by the Town will be billed at the rates shown below or the then-applicable hourly rate. Title Hourly Rate Director $190 Senior ConsultanUProgrammer 150 Engineer 140 Consultant 130 Analyst 100 Clerical/Support 55 Expert Witness TBD; with minimum fee IExpensesl Customary out-of-pocket expenses will be billed to the Town at actual cost to NBS. These expenses may include, but not be limited to travel, postage, telephone, reproduction, meals and various County charges for tapes, maps, and recording fees. IAnnual Fee Increasesl Cost of living increases may be applied to the services listed above on October 1 each year, beginning with October 1, 2008. The COLA would be the actual cost of living increase, based on the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all urban consumers for Phoenix-Mesa, AZ Area. ITermsl Administration services will be invoiced quarterly at the beginning of each quarter. Expenses will be itemized and included in the next regular invoice. Fees for all other services will be invoiced upon completion of the task. If the project is prematurely terminated by either party, NBS shall receive payment for work completed. Payment shall be made within 30 days of submittal of an invoice. If payment is not received within 90 days simple interest will begin to accrue at the rate of 1.5% per month. Either party can cancel contracts with 30 days written notice. Page 7 EXHIBIT A Please feel free to contact me if you have any questions or need further information. Best regards, NBS Government Finance Group, DBA NBS ..p1..J../ fL;t:.::>- Mike Rentner Town of Marana Name President and CEO Title 6-4-07 Date Title Date Page 8 ACORD.M CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 6/5/2007 PRODUCER License # OB23506 (858) 541-2900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Vanorsdale Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4909 Murphy Canyon Road, Suite 510 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego, CA 92123 INSURERS AFFORDING COVERAGE NAIC# INSURED NBS Government Finance Group INSURER A: Maryland Casualty Insurance Company 32605 Highway 79 South, Suite 100 INSURER B: American States Insurance Company Temecula, CA 92592- INSURER C: Employers Compensation Insurance Com INSURER D: INSURER E: NBSLOCA-01 SBB COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~;: r.P.,?;: TYPO: POLICY NUMBER PRH~Y EFFECTIVE POLICY EXPIRATION LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY PASOO053837 9/24/2006 9/24/2007 I ~~~is Ea occurenee' $ 1,000,00 :=0 CLAIMS MADE [!J OCCUR MED EXP (Anyone person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 f-- 2,000,00 GENERAL AGGREGATE $ f-- Iil'L AGGREAE LIMIT APnS PER: PRODUCTS.COMProPAGG $ 2,000,00 X POLICY ~~RT LOC ~OMOBILE LIABILITY ~1 CH0603342 COMBINED SINGLE LIMIT $ 1,OOO,OO~ B X ANY AUTO 2/13/2007 2/13/2008 (Ea scddent) f-- f-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) f-- HIRED AUTOS BODILY INJURY f-- $ NON-OWNED AUTOS (Per accident) f-- f-- PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN E;A ACC $ AUTO ONLY: AGG $ OESS1UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I T"X~$r~JNs I 10TH. ER C EMPLOYERS' LIABILITY FN03247203 9/24/2006 9/24/2007 1,OOO,OO( ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $ 1,OOO,OO( ~~~I~~VtS~NS below E.L. DISEASE - POLICY LIMIT $ 1,OOO,OO( OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS Except 10 days notice is given for non-payment of premium. Proof of Insurance CERTIFICATE HOLDER CANCELLATION Town of Marana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRATlO~ 11555 W. Civic Center Dr. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN Marana, AZ 85653- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE .,.-- c3-~~ -------.---.------.. ACORD 25 (2001/08) @ACORD CORPORATION 1988 ACORD.M CERTIFICATE OF LIABILITY INSURANCE [ DATE (MMlDDIYYYY) 61512007 PRODUCER License # 0823506 (858) 541-2900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Vanorsdale Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4909 Murphy Canyon Road, Suite 510 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego, CA 92123 INSURERS AFFORDING COVERAGE NAIC# INSURED NBS Local Government Solutions INSURER A: Employers Compensation Insurance Com 32605 Highway 79 South, Suite 100 INSURER B: Temecula, CA 92592- INSURER c: INSURER D: INSURER E: NBSLOCA-01 SBB COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWiTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~i': ~~~ POLICY NUMBER POLICY EFFECTIVE Pg~!fJ,~%~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - - :3MMERCIAL GENERAL LIABILITY ~~~~~s lea occurencel $ - CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ - ~'L AGGREM LIMIT APflS PER: PRODUCTS - COMPIOP AGG $ POLICY ~~R,: LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea accident) - - ALL OWNED AUTOS BODtL Y INJURY $ SCHEDULED AUTOS (Per person) - - HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per acCident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ :5ESSlUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ S =1 DEDUCTIBLE S RETENTION $ S WORKERS COMPENSATION AND XTWCSTATU-, IOTH- TORY LIMITS ER A EMPLOYERS' LIABILITY EIG1 037482 31812007 31812008 100,OO( ANY PROPRIETORlPARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 100,00( mMi~~~vfs76~s below E.L DISEASE - POLICY LIMIT $ 500,00( OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 1*10 Days Notice of Cancellation for Nonpayment of Premium" Proof of Insurance for Workers' Compensation Coverage in Arizona CERTIFICATE HOLDER CANCELLATION Town of Marana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 11555 W. Civic Center Dr. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN Marana, AZ 85653- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ____ d-~-:r~ . -.. ACORD 25 (2001/08) @ACORDCORPORATION1988 ACORDT.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 6/5/2007 PRODUCER License # OB23506 (858) 541-2900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Vanorsdale Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4909 Murphy Canyon Road, Suite 510 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego, CA 92123 INSURERS AFFORDING COVERAGE NAIC# INSURED NBS Government Finance Group INSURER A: Philadelphia Indemnity Insurance Com pal NBS Local Government Solutions INSURER s: 32605 Highway 79 South, Suite 100 INSURER c: Temecula, CA 92592. INSURER D: INSURER E: NBSLOCA-Q1 SBB COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~o,z~ POLICY NUMBER POLICY EFFECTIVE PgJ;'W/~g'jf'~N LIMITS LTR ~NERAL LIABILITY EACH OCCURRENCE $ - 3MMERClAL GENERAL LIABILITY PREMISES (Ea occurence\ $ - CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ ~'L AGGREAE LIMIT APnS PER: PRODUCTS.COM~OPAGG $ POLICY ~:8T LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - - ALL OWNED AUTOS BODtL Y INJURY $ SCHEDULED AUTOS (Per person) - - HtRED AUTOS BODtL Y INJURY $ NON-0WNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ OESSlUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STATU., I 10TH. EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETORlPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? El. DISEASE. EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.l. DISEASE. POLICY LIMIT $ OTHER A Professional Liability PHSD212507 9/24/2006 9/24/2007 Each Wrongful Act $2,000,000 A Professional Liability PHSD212507 9/24/2006 9/24/2007 Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Except 10 days notice for non-payment of premium* Proof of Insurance CERTIFICATE HOLDER CANCEL LA TION Town of Marana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO~ 11555 W. Civic Center Dr. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN Marana, AZ 85653- NOTICE TO THE CERTIACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ---- d~~ .-. ACORD 25 (2001/08) @ACORDCORPORATION 1988 TO'W'N OF MARANA, ARIZONA FINANCE DEPARTMENT 11555 \XlEST CIVIC CENTER DRIVE rviARANA, AZ 85653 PROFESSIONAL SERVICES AGREEMENT FOR SPECIAL ASSESSMENT ADMINISTRATION SERVICES This PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is dated effective July 1, 2007, by and between NBS GOVERNMENT FINANCE GROUP, a California corporation ("Consultant"), and the TOWN OF MARANA, an Arizona municipal corporation ("Client"). Consultant and Client are sometimes collectively referred to as the "Parties," either one of which is sometimes individually referred to as a "Party." RECITALS A. In March 2007, Client issued a "Request for Proposal for Improvement District Special Assessment Administration" (the "RFP"). B. Consultant was chosen by Client as a result of the RFP. C. The Parties intend for this Agreement to apply to all services provided by Consultant in connection with the RFP. AGREEMENT Now, THEREFORE, the Parties agree as follows: 1. Scope of Services: Consultant and Client agree that Consultant will perform the services described in the Scope of Services attached as Exhibit A. 2. Independent Contractor: Consultant is an independent contractor and is not an employee of Client. Services performed by Consultant under this Agreement are solely for the benefit of Client. Nothing contained in this Agreement creates any duties on the part of Consultant toward any person not a Party to this Agreement. 3. Standard of Care: Consultant will perform services under this Agreement with the degree of skill and diligence normally practiced by consultants performing the same or similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. 4. Changes/Amendments: This Agreement and its exhibits constitute the entire agreement between the Parties and together with its exhibits supersede any prior written or oral {00005143.DOC / 2} Page 1 6/12/200711:57 AM Agreement jOr Special Assessment Administration Se17Jices Town of Marana Finance Department PROFESSIONAL SERVICES AGREEMENT FOR SPECIAL ASSESSMENT ADMINISTRATION SERVICES agreements. This Agreement may not be changed except by written amendment signed by both Parties. The estimate of the level of effort, schedule and payment required to complete the Scope of Services, as Consultant understands it, is reflected here. Services not expressly set forth in this Agreement or its exhibits are excluded. Consultant shall promptly notify Client if changes to the Scope of Services affect the schedule, level of effort or payment to Consultant and the schedule and payment shall be 'equitably adjusted. If Consultant is delayed in performing its services due to an event beyond its control, including but not limited to fIre, flood, earthquake, explosion, strike, transportation or equipment delays, act of war, or act of God, then the schedule or payment under the Agreement shall be equitably adjusted, if necessary, to compensate Consultant for any additional costs due to the delay. 5. Fees for Services: The fees for the services under this Agreement will be invoiced in amounts and upon the schedule set forth beginning at page 6 of the Scope of Services attached as Exhibit A. In the case of a conflict between the terms of this Agreement and the terms of Exhibit A, the terms of this Agreement shall control. 6. Payment: Client shall pay Consultant in U.S. dollars within thirty days of receipt of invoices less any disputed amounts. If Client disputes any portion of the invoice, the undisputed portion will be paid and Consultant will be notifIed in writing, within ten days of receipt of the invoice of the exceptions taken. Consultant and Client will attempt to resolve the payment dispute within sixty days or the matter may be submitted to arbitration as provided below. Additional charges for interest shall become due and payable at a rate of one and one-half percent per month on the unpaid, undisputed invoiced amounts. Any interest charges due from Client on past due invoices are outside any amounts otherwise due under this Agreement. If Client fails to pay undisputed invoiced amounts within ninety days after delivery of invoice, Consultant, at its sole discretion, may suspend services or may initiate collections proceedings, including mandatory binding arbitration, without incurring any liability or waiving any right established by this agreement or by law. 7. Indemnity: To the extent permitted by law, each Party (the "First Party") agrees to indemnify, defend and hold harmless the other Party (the "Second Party") and its directors, offIcers, shareholders, employees and consultants from and against any liability (including without limitation, reasonable costs and attorneys' fees) incurred by the Second Party to the extent caused by the First Party's negligent acts, errors or omissions, including judgments in favor of any third Party. Each Party (the "First Party") specifIcally and expressly waives its immunity under applicable worker's compensation and industrial insurance laws regarding liability against the other Party (the "Second Party") for actions brought by any of the First Party's employees against the Second Party, to the extent the liability is caused by the First Party's negligent acts, errors or omissions. 8. Re-performance of Services: If Client believes any of Consultant's services do not comply with the terms of this Agreement, Client shall promptly notify Consultant to permit Consultant an opportunity to investigate. If the services do not meet the applicable standard of care, it will promptly re-perform the services at no additional cost to Client, including {00005143.DOC / 2} Page 2 6/12/200711:57 AM Agreement ftr Special Assessment Administration Services Town of Marana Finance Department PROFESSIONAL SERVICES AGREEMENT FOR SPECIAL ASSESSMENT ADMINISTRATION SERVICES assisting Client in selecting remedial actions. If Client fails to provide Consultant with prompt notice of non-compliance and an opportunity to investigate and re-perform its services, Consultant's total obligation to Client will be limited to the costs Consultant would have incurred to re-perform the services. 9. Insurance: Consultant shall maintain insurance with the following required coverages and limits and has provided insurance certificates to Client: Worker's Compensation Employer's Liability Commercial General Liability Statutory U.S. $1,000,000 U.S. $1,000,000 per occurrence U.S. $2,000,000 aggregate U.S. $1,000,000 combined single limit U.S. $2,000,000 per claim and in the aggregate Comprehensive General Automobile Professional Liability 10. Work Product: Client shall have the unrestricted right to use the documents, analyses and other data prepared by Consultant under this Agreement ("\Vork Products"); provided, however Client shall not rely on or use the Work Products for any purpose other than the purposes under this Agreement and the Work Products shall not be changed without the prior written approval of Consultant. If Client releases the Work Products to a third party without Consultant's prior written consent, or changes or uses the Work Products other than as intended in this agreement, (a) Client does so at its sole risk and discretion, (b) Consultant shall not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products and (c) Client shall indemnify, defend and hold Consultant harmless from any and all claims or damages related to the release, change or third party use. 11. Limitation of Liability: No employee of Consultant shall have individual liability to Client. To the extent permitted by law, the total aggregate liability of Consultant, its officers, directors, shareholders, employees and sub-consultants for any and all claims arising out of this Agreement, including attorneys' fees, and whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third party claims, shall not exceed the revenue received by Consultant under this Agreement or U.S. $150,000, whichever is greater. 12. No Consequential Damages: In no event and under no circumstances shall Consultant be liable to Client for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non- operation due to late completion or otherwise or for any other economic, consequential, indirect or special damages. 13. Information Provided by Others: Client shall provide to Consultant in a timely manner any information Consultant indicates is needed to perform the services established through {00005143.DOC / 2} Page 3 6/12/200711:57 AM Agreement Jor 5 peda! Assessment Administration 5 eroices Town of Mamna Finance Deparlment PROFESSIONAL SERVICES AGREEMENT FOR SPECIAL ASSESSMENT ADMINISTRATION SERVICES this agreement. Consultant may rely on the accuracy of information provided by Client and its representatives. 14. Opinions of Cost: Consultant does not control the cost of labor, materials, equipment or services furnished by others, nor does it control pricing factors used by others to accommodate inflation, competitive bidding or market conditions. Consultant estimates of operation expenses or construction costs represent its best judgment as an experienced and qualified professional and are not a guarantee of cost. This section does not apply to the cost of Consultant performing the Scope of Services. 15. Safety and Security: Consultant has established and maintains programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement, Consultant specifically disclaims any authority or responsibility for job site safety and safety of persons other than Consultant's employees. Consultant shall not provide any such services and disclaims any responsibility under this Agreement related to site security or the assessment, evaluation, review, testing, maintenance, operation or safety practices or procedures related to security. 16. General Compliance with Laws. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. Consultant shall comply with all federal and state laws, and any and all local ordinances and regulations. a. Antitrust violations. Consultant and town recognize that in actual economic practice overcharges resulting from antitrust violations are in fact borne by Purchaser or ultimate user; in this case, Town. Therefore, Consultant, acting as a Vendor, hereby assigns to Town any and all claims for such overcharges. b. Immigration: Consultant shall be responsible for compliance with and shall indemnify and hold harmless Town for any liability arising from failure of Consultant to comply with the United States Immigration Reform and Control Act of 1986. c. ADA: Consultant shall be responsible for compliance with and shall indemnify and hold harmless Town for any liability arising from failure of Consultant to comply with the Americans with Disabilities Act of 1990, as amended. d. Non-discrimination. Consultant shall comply with Executive Order 75-5, "Non- Discrimination in Employment by Government Contractors and Subcontractors," which is incorporated into and made a part of this Agreement as if set forth in full here. Consultant shall not discriminate against any employee, or applicant for employment, because of race, color, religion, creed, national origin, sex, age, disabilities, or disabled veterans and Vietnam era veterans. Such actions shall include, but are not limited to: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising; laying-off or termination; rates of payor other compensation; and selection for training, and on-the-job training. Consultant {00005143.DOC / 2} Page 4 6/12/2007 11:57 AM Agreement .fOr Special Assessment Administration 5 e17lices Town of}v1.arana Finance Department PROFESSIONAL SERVICES AGREEMENT FOR SPECIAL ASSESSMENT ADMINISTRATION SERVICES shall ensure and maintain a working environment free of harassment, intimidation and coerClOn. e. Civil rights compliance: Consultant shall comply with Title VI of the Civil Rights Act of 1964 as amended. Title 49, Code of Federal regulations, Part 21 through Appendix Hand Title 23, CFR 710.405 (b) are made applicable by this reference and are considered a part of this Agreement. f. Equal employment opportunity. Consultant shall comply with the provisions of Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR-Part 60), all of which are made applicable by this reference and are considered a part of this Agreement. 18. Conflict of Interest: This Agreement is subject to A.R.S. ~ 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest 19. Termination: Either Party may terminate this Agreement upon thirty days prior written notice to the other Party. Client shall pay Consultant for all services rendered to the date of termination plus reasonable expenses for winding down the services. If either Party defaults in its obligations, the non-defaulting Party, after giving seven days written notice of its intention to terminate or suspend performance under this Agreement, may, if cure of the default is not commenced and diligently continued, terminate this Agreement or suspend performance under this Agreement. 20. Dispute Resolution: Consultant and Client shall attempt to resolve conflicts or disputes under this Agreement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator (except for payment disputes which may be submitted directly to arbitration). If mediation does not settle any dispute or action which arises under this Agreement or which relates in any way to this Agreement or the subject matter of this Agreement within ninety days after either requests mediation, the dispute or conflict shall be subject to arbitration in English under the Construction Industry Arbitration Rules as promulgated by the American Arbitration Association and arbitrability shall be subject to the Federal Arbitration Act. 21. Litigation Expenses: Client will be responsible for payment of all expenses and costs associated with Consultant's compliance with a subpoena or Client request to produce documents, data or testimony relating to any proceeding relating to any information pertaining to Client's project or to the work Consultant performed for Client, excluding any litigation or proceeding between Client and Consultant. These costs will include hourly charges for persons involved in responding to a subpoena or Client request, travel and reproduction expenses, advice and participation of counsel in responding to a subpoena and other request and other reasonable expenses. Consultant will endeavor to confer with Client prior to responding to any subpoena or request covered by this paragraph. {00005143.DOC / 2} Page 5 6/12/200711:57 AM Agreement jOr Special Assessment Administration S mices Town of Marana Finance Depattment PROFESSIONAL SERVICES AGREEMENT FOR SPECIAL ASSESSMENT ADMINISTRATION SERVICES 22. Non-Exclusivity of Services: Consultant may perform for other clients similar or identical services to those services contemplated under this Agreement, subject to applicable confidentiality and ethical obligations of Consultant. In the event Client desires any level of exclusivity or other limitations on Consultant's services to its other clients, Client and Consultant shall confer regarding the scope of requested exclusivity or other limitations and the additional compensation to be paid to Consultant for the requested exclusivity or other limitations on providing services to other clients. Any agreed exclusivity or other limitations on providing similar or identical services shall be confirmed in writing signed by both parties and shall expressly state such provision shall supersede this Section 22. No fiduciary or agency obligations shall be created as a result of any exclusivity obligations or other limitations on Consultant's services to other clients. 23. Miscellaneous: a. This Agreement is binding upon and will inure to the benefit of Client and Consultant and their respective successors and assigns. Neither Party may assign its rights or obligations without the prior written consent of the other Party. b. Any notice required or permitted by this Agreement to be given shall be deemed to have been duly given if in writing and delivered personally or five days after mailing by first-class, registered, or certified mail, return receipt requested, postage prepaid and addressed as follows: Client: TOWN OF MAIL\NA Attention: Erik Montague, Finance Director Address: 11555 West Civic Center Drive Marana, Arizona 85653 Consultant: NBS GOVERNMENT FINANCE GROUP Attention: Mike Rentner, President and CEO Address: 32605 Highway 79 South, Suite 100 Temecula, CA 92592 c. Client expressly agrees that all provisions of the Agreement, including the clause limiting the liability of Consultant, were mutually negotiated and that but for the inclusion of the limitation of liability clause in the Agreement, Consultant's compensation for services would otherwise be greater and/ or Consultant would not have entered into the Agreement. d. If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and the provision declared invalid or unenforceable shall continue as to other circumstances. {00005143.DOC / 2} Page 6 6/12/2007 11:57 AM Agreement for 5 pedal Assessment Administration Services Town oflvlarana Finance Deparlment PROFESSIONAL SERVICES AGREEMENT FOR SPECIAL ASSESSMENT ADMINISTRATION SERVICES e. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Arizona. f. In any action to enforce or interpret this Agreement, the prevailing Party shall be entitled to recover, as part of its judgment, reasonable attorneys' fees and costs from the other Party. g. This Agreement shall not be construed against Consultant only on the basis that Consultant drafted the Agreement. h. Notwithstanding any statute to the contrary, the Parties agree that any action to enforce or interpret this Agreement shall be initiated within two years from the time the Party knew or should have known of the fact giving rise to its action, and shall not in any case be initiated later than six years after Consultant completes its Scope of Services under this Agreement. 1. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument, but all of which taken together shall constitute one instrument. IN WITNESS WHEREOF, the Parties have signed this Agreement effective the date first written above. "Client" TOWN OF MARANA "Consultant" NBS GoVERNMENT FINANCE GROUP Ed Honea, Mayor Mike Rentner, President and CEO Date Date A'lTEST: Federal Tax ID # Jocelyn Bronson, Town Clerk ApPROVED AS TO FORM: Frank Cassidy, Town Attorney {00005143.DOC / 2} Page 7 6/12/200711:57 AM Agreement fOr Special Assessment Administration 5 enices Town of Marana Finance Department TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 26, 2007 AGENDA ITEM: J. 1 TO: MAYOR AND COUNCIL FROM: Erik Montague, Finance Director SUBJECT: PUBLIC HEARING. Resolution 2007-118: Relating to Budget; adopting the Fiscal 2007-2008 Final Budget DISCUSSION On June 12, 2007, Mayor and Council adopted a tentative budget for fiscal 2007-2008. In adopting the tentative budget, Mayor and Council established the upper spending limits for the Town for the fiscal year. This is the last formal step in the process of adopting the final budget. After receiving public input, Mayor and Council are being asked to adopt a final budget that shall not exceed $209,825,171. Although Council may choose to reallocate funding among departments and/or programs/services, staff does not anticipate any reallocations from the tentative budget. Including position adjustments made during the current fiscal year, staffing has increased 29 positions from 333 positions to 362. This authorized position figure of 362 reflects a correction of the FTE calculation (position count reconciliation) for the Parks and Recreation department and has no financial impact. The schedule of authorized positions is attached for your review. Staff has also attached a summary copy of the budget as well as the official budget forms required by the State of Arizona's Auditor General's office as published for tonight's public hearing. Upon adoption of the final budget, staff will publish and distribute to Council and department heads a bound budget document that provides more detailed information. ATTACHMENTS Proposed Budget, Auditor General Forms, Position Reconciliation Summary. RECOMMENDATION Staff recommends adopting the final budget for fiscal 2008 at $209,825,171. SUGGESTED MOTION I move to adopt Resolution 2007-118. Adoption of the Final Budget 06/20/2007; 10:59 AM; EM MARAN A RESOLUTION NO. 2007-118 RELATING TO BUDGET; ADOPTING THE FISCAL 2007-2008 FINAL BUDGET WHEREAS, on June 12,2007, in accordance with the provisions of A.R.S. ~42- 301 et seq., the Marana Town Council did make an estimate of the different amounts required to meet the public expenditures/expenses for the 2007-2008 fiscal year and did estimate the revenues to be received from sources other than direct taxation; and WHEREAS, the Marana Town Council held a public meeting on June 26, 2007 following due public notice where taxpayers that appeared were heard in favor of or against any of the proposed expenditures/expenses oftax levies; and WHEREAS, the sums to be raised by taxation as specified in the budget attached hereto as Exhibit A, as amended, do not, in the aggregate amount, exceed the expenditure limitation set by the Council on June 12,2007. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council ofthe 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 final budget for the Town of Marana for the fiscal year 2007-2008. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 26th day of June 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL 2007-08 101 103 105 106 107 215 204 242 General South Desert North Parks Tangerine Fund Benefit Education Benefit Impact Transport. RoadlD PAG/RTA Revenues Town Sales Tax 19,098,627 9,427,533 Other Agencies 7,395,691 18,956,740 License, Fees & Permits 4,897,994 717,120 50,000 662,457 920,767 Fines, forfeitures 654,275 User Fees 536,222 Lease Income 493,300 Investment Income 561,000 225,414 3,250 42,981 158,890 286,655 287,450 Other Non-Recurring 728,728 Total Revenues 34,365,837 942,534 53,250 705,438 1,079,657 9,714,188 287,450 18,956,740 EXDenditures General Government 3,169,580 1,794,695 146,995 Mayor and Council 189,608 Town Clerk 323,726 Town Manager 1,195,759 Human Resources 722,492 Finance and Accounting 698,854 Legal 678,388 Community Development 429,841 Pia 123,998 Economic Development 128,152 Development Services Administr 255,319 Operations & Maintenance 2,420,258 Building Services 1,600,515 Planning and Zoning 1,304,748 Engineering 2,422,620 Geographical Info Systems 608,517 Information Technology 1,276,206 Police 9,179,231 Courts 910,214 Parks and Recreation 3,730,214 Water Airport Capital Outlay 3,849,000 8,967,000 0 600,000 675,000 14,861,337 17,039,049 18,956,740 Debt Service Total Expenditures 35,217,240 8,967,000 0 600,000 675,000 16,656,032 17,186,044 18,956,740 Excess (deficiency) of revenues over expenditures (851,403) (8,024,466) 53,250 105,438 404,657 (6,941,844) (16,898,594) 0 Other Financing Sources (Uses) Transfers In Transfers Out (2,423,560) (2,110,377) Bonds 9.000,000 Total Other Financing Sources/(Uses) (2,423,560) 0 0 0 0 6,889,623 0 0 Changes in Fund Balances (3,274,963) (8,024,466) 53,250 1 05,438 404,657 (52,221 ) (16,898,594) 0 Beginning Fund Balance" 14,463,737 8,602,785 208,515 716,479 2,559,554 14,143,540 17,039,409 0 Ending Fund Balance 11,188,774 578,319 261,765 821 ,917 2,964,211 14,091,319 140,815 0 " Projected 6/18/2007 1 of 4 7:36 AM TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL 2007-08 245 250 205 246 241 240 201 202 206 1/2 cent Pima County HELP Other CDBG/ Affordable Other Sales Tax Bonds Fund Agency HURF LTAF HOME Housing Grants Revenues Town Sales Tax 59,101 Other Agencies 4,960,000 17,206,800 2,244,207 139,711 275,000 1,000,000 License, Fees & Permits Fines, forfeitures User Fees Lease Income Investment Income 86,420 72,188 10,000 Other Non-Recurring Total Revenues 145,521 4,960,000 72,188 17,206,800 2,244,207 139,711 275,000 10,000 1,000,000 EXDenditures General Government 94,725 1,100,000 Mayor and Council Town Clerk Town Manager Human Resources Finance and Accounting Legal Community Development 175,000 50,000 PIO Economic Development Development Services Administr Operations & Maintenance 1,234,575 64,711 Building Services Planning and Zoning Engineering Geographical Info Systems Information Technology Police Courts Parks and Recreation Water Airport Capital Outlay 5,000,000 4,960,000 7,000,000 28,306,800 1,100,000 100,000 Debt Service Total Expenditures 5,000,000 4,960,000 7,000,000 28,306,800 2,334,575 159,436 275,000 50,000 1,100,000 Excess (deficiency) of revenues over expenditures (4,854,479) 0 (6,927,812) (11,100,000) (90,368) (19,725) 0 (40,000) (100,000) Other Financing Sources (Uses) Transfers In 19,725 100,000 Transfers Out Bonds 11,100,000 Total Other Financing Sources/(Uses) 0 0 0 11,100,000 0 19,725 0 0 100,000 Changes in Fund Balances (4,854,479) 0 (6,927,812) 0 (90,368) 0 0 (40,000) 0 Beginning Fund Balance" 5,390,884 0 7,140,245 0 211,826 0 1,007 213,465 0 Ending Fund Balance 536,405 0 212,433 0 121,458 0 1,007 173,465 0 * Projected 6/18/2007 2 of 4 7:36 AM TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL 2007-08 222 224 225 226 227 228 230 Auto Local Rico HIDTA MANTIS Theft JCEF FiII-the-Gap Tech 97 Debt 03 Debt Revenues Town Sales Tax Other Agencies 20,000 52,000 61,975 61,975 License, Fees & Permits 12,250 5,000 59,950 Fines, forfeitures User Fees Lease Income Investment Income Other Non-Recurring Total Revenues 20,000 52,000 61,975 61,975 12,250 5,000 59,950 0 0 EXDenditures General Government Mayor and Council Town Clerk Town Manager Human Resources Finance and Accounting Legal Community Development Pia Economic Development Development Services Administr Operations & Maintenance Building Services Planning and Zoning Engineering Geographical Info Systems Information Technology Police 108,602 47,653 61,975 61,975 Courts 12,250 5,000 59,950 Parks and Recreation Water Airport Capital Outlay Debt Service 404,450 1,375,500 Total Expenditures 108,602 47,653 61,975 61,975 12,250 5,000 59,950 404,450 1,375,500 Excess (deficiency) of revenues over expenditures (88,602) 4,347 0 0 0 0 0 (404,450) (1,375,500) Other Financing Sources (Uses) Transfers In 404,577 875,000 Transfers Out Bonds Total Other Financing Sources/(Uses) 0 0 0 0 0 0 0 404,577 875,000 Changes in Fund Balances (88,602) 4,347 0 0 0 0 0 127 (500,500) Beginning Fund Balance* 88,602 47,653 2,054 13,878 58,389 15,194 62,389 0 557,971 Ending Fund Balance 0 52,000 2,054 13,878 58,389 15,194 62,389 127 57,471 . Projected 6/18/2007 3 of 4 7:36 AM TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL 2007-08 Other Debt Water Airport 04 Debt Service Fund Fund Total Revenues Town Sales Tax 28,585,261 Other Agencies 900,000 9,309,341 62,583,440 License, Fees & Permits 1 ,441,253 8,766,791 Fines, forfeitures 654,275 User Fees 2,847,648 143,658 3,527,528 Lease Income 493,300 Investment Income 23,000 1,757,248 Other Non-Recurring 728,728 Total Revenues 0 900,000 4,311,901 9,452,999 107,096,571 EXDenditures General Government 6,305,995 Mayor and Council 189,608 Town Clerk 323,726 Town Manager 1,195,759 Human Resources 722,492 Finance and Accounting 698,854 Legal 678,388 Community Development 654,841 PIO 123,998 Economic Development 128,152 Development Services Administr 255,319 Operations & Maintenance 3,719,544 Building Services 1,600,515 Planning and Zoning 1,304,748 Engineering 2,422,620 Geographical Info Systems 608,517 Information Technology 1,276,206 Police 9,459,436 Courts 987,414 Parks and Recreation 3,730,214 Water 2,680,933 2,680,933 Airport 299,358 299,358 Capital Outlay 42,649,000 9,964,676 164,028,602 Debt Service 641,500 4,008,482 6,429,932 Total Expenditures 641,500 4,008,482 45,329,933 10,264,034 209,825,171 Excess (deficiency) of revenues over expenditures (641,500) (3,108,482) (41,018,032) (811,035) (102,728,600) Other Financing Sources (Uses) Transfers In 645,000 1,922,877 805,335 4,772,514 Transfers Out (238,577) (4,772,514) Bonds 40,000,000 60,100,000 Total Other Financing Sources/(Uses) 645,000 1,922,877 39,761,423 805,335 60,100,000 Changes in Fund Balances 3,500 (1,185,605) ( 1,256,609) (5,700) (42,628,600) Beginning Fund Balance" 2,950 1,185,605 1,820,000 (490,000) 74,090,131 Ending Fund Balance 6,450 0 563,391 (495,700) 31,461,531 " Projected 6/18/2007 4 of 4 7:36 AM III Gl III C Gl Co >< w "iii f E :g C Gl Co >< W 'C <(Ceo z"'o <(Ill":' o::Glo <(EO :EGl~ II.. ~ '" OO::~ z'C- ~s:J O~1Il I- ._ u:: .. 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'0 c: .. .. o '" i ~ ~ '13 .. .c: .... ~ TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2007-08 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES REVENUES SOURCE OF REVENUES 2006-07 2006-07" 2007-08 GENERAL FUND Local taxes Sales Tax $ 17,217,929 $ 18,928,106 $ 19,098,627 Licenses and penn its Building and Development Fees 5,941,455 4,536,624 4,581,894 Business and License Fees 90,000 98,100 98,100 Franchise Fees 200,000 201,205 218,000 Intergovernmental State Shared Sales Tax 2,192,745 2,443,674 2,721,756 Urban Revenue Sharing 2,342,160 2,781,490 3,763,935 Auto Lieu 675,000 1,127,689 910,000 Charges for services Park & Recreation Fees 100,000 185,077 508,722 Other Miscellaneous CharQes 245,000 145,618 27 ,500 Fines and forfeits Court Fines and Fees 600,000 630,977 654,275 Interest on investments Investment Income 525,000 484,000 561,000 Contributions Voluntary contributions Miscellaneous Other Miscellaneous Income 591,245 572,427 728,728 Lease Income 493,300 493,300 493 ,300 Total General Fund $ 31,213,834 $ 32,628,287 $ 34,365,837 SPECIAL REVENUE FUNDS Highway User Revenue Fund HURF $ 2,060,300 $ 2,145,869 $ 2,244,207 Total Highway User Revenue Fund $ 2,060,300 $ 2,145,869 $ 2,244,207 Local Transportation Assistance Fund LTAF $ 138.250 $ 141.312 $ 139.711 Total Local Transportation Assistance Fund $ 138,250 $ 141,312 $ 139,711 Grant Funds MANTIS $ 56,360 $ 56,540 $ 61,975 HIDTA 52,546 52,000 AUTO THEFT 56,360 38,525 61,975 CDBG 313,450 126,521 275,000 Home 60,000 16,277 10,000 Local JCEF 15,000 12,175 12,250 Local Technology Enhancement Fund 35,650 55,146 59,950 Fill The Gap 5,000 4,570 5,000 Other Grants 1 ,000,000 RICO 25,994 20,000 Total Grant Funds $ 541,820 $ 388,294 $ 1,558,150 Total Special Revenue Funds $ 2,740,370 $ 2,675,475 $ 3,942,068 DEBT SERVICE FUNDS Other Debt Service Funds $ $ $ 900,000 Total Debt Service Funds $ $ $ 900,000 CAPITAL PROJECTS FUNDS Transportation Fund $ 9,000,000 $ 9,844,705 $ 9,714,188 1/2 Cent Sales Tax 394,008 578,168 145,521 Impact Fee Funds 4,297,525 2,378,068 2,780,879 Other Agency Funds 30,023,300 8,972,507 41,123,540 T angering Farms ID 287,450 Investment Income 993,750 72,188 Total Capital Projects Funds $ 44,708,583 $ 21,773,448 $ 54,123,766 ENTERPRISE FUNDS Water Fund Water Commodity & User Fees $ 3,425,710 $ 2,616,965 $ 2,870,648 Water Imoact Fees 1 744000 1 247671 1441253 $ 5169710 $ 3 864 636 $ 4311901 Airport Fund Airport User Fees $ 138,000 $ 149,727 $ 143,658 Airport Grants 7,161,300 5,795,596 9,309,341 $ 7,299,300 $ 5,945,323 $ 9,452,999 Total Enterprise Funds $ 12,469,010 $ 9,809,959 $ 13,764,900 TOTAL ALL FUNDS $ 91,131 797 $ 66,887,169 $ 107,096,571 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. 4/07 SCHEDULE C Page 2 of 5 TOWN OF MARANA Summary by Fund Type of Other Financing Sources/<Uses> and Interfund Transfers Fiscal Year 2007-08 OTHER FINANCING INTERFUND TRANSFERS 2007 -08 2007-08 FUND SOURCES <USES> IN <OUT> GENERAL FUND Series 1997 Debt $ $ $ $ 166,000 Series 2003 Debt 875,000 Series 2004 Debt 645,000 Airport Fund 617,835 LTAF 19,725 Other Grants 100,000 Total General Fund $ $ $ $ 2,423,560 SPECIAL REVENUE FUNDS LTAF $ $ $ 19,725 $ Other Grants 100,000 Total Special Revenue Funds $ $ $ 119,725 $ DEBT SERVICE FUNDS Series 1997 Debt $ $ $ 404,577 $ Series 2003 Debt 875,000 Series 2004 Debt 645,000 Other Debt Service 1,922,877 Total Debt Service Funds $ $ $ 3,847,454 $ CAPITAL PROJECTS FUNDS Other Agency Fund $ 11,100,000 $ $ $ Transportation 9,000,000 2,110,377 Total Capital Projects Funds $ 20,100,000 $ $ $ 2,110,377 ENTERPRISE FUNDS Water $ 40,000,000 $ $ $ 238,577 Airport 805,335 Total Enterprise Funds $ 40,000,000 $ $ 805,335 $ 238,577 TOTAL ALL FUNDS $ 60,100,000 $ $ 4,772,514 $ 4,772,514 4/07 SCHEDULE D TOWN OF MARANA Summary by Department of Expenditures/Expenses Within Each Fund Type Fiscal Year 2007-08 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES EXPENSES FUND/DEPARTMENT 2006-07 2006-07 2006-07* 2007-08 GENERAL FUND General Govemment $ 2.374,454 $ $ 2.241.158 $ 3.169.580 Mayor and Council 234.342 170,360 189.608 Town Clerk 412,554 278,473 323,726 Town Manger 1,469.625 1.149.308 1,195,759 Human Resources 639,940 548,502 722,492 Finance and Accounting 551,661 381.324 698.854 Legal 572.371 540.642 678.388 Community Development 100.000 193,366 429.841 Public Information Office 123,998 Economic Development 128,152 Development Services Admin 255,319 Operations & Maintenance 1.852.222 1.902,468 2,420,258 Building Services 1,308.870 1.290.518 1,600.515 Planning and Zonning 1,410,947 1 ,409,460 1,304.748 Public Works 2,715,068 2,288,394 2,422.620 Geographical Information Sys 419.368 379,537 608,517 Information Technology 1 ,726,055 1.614.170 1,276,206 Police 8,246,590 7,035,688 9.179,231 Courts 733,520 642,460 910,214 Parks and Recreation 2,959.154 2,519,190 3.730.214 Capital Outlay 3.849.000 Total General Fund $ 27,726.741 $ $ 24,585,018 $ 35.217,240 SPECIAL REVENUE FUNDS HURF $ 2,060.300 $ $ 1.891.314 $ 2,334.575 LTAF 138,250 101,720 159,436 MANTIS 56,360 56.360 61.975 HIDTA 69.270 47,653 AUTO THEFT 56.360 51,010 61,975 CDBG 313,450 130,463 275.000 Home 122.173 13,454 50,000 Local JCEF 15,000 42.625 12,250 Local Technology Enhancement Fur 81.565 6,295 59,950 Fill The Gap 5,000 5.000 Other Grants 1,100.000 RICO 26,931 45,704 108,602 Total Special Revenue Funds $ 2.875,389 $ $ 2,408.215 $ 4.276,416 DEBT SERVICE FUNDS Series 1997 Debt $ 664,311 $ $ 797,215 $ 404,450 Series 2003 Debt 1,149,660 1.379.654 1,375,500 Series 2004 Debt 537.118 644.575 641,500 Other Debt Service 4,008,482 Total Debt Service Funds $ 2.351,089 $ $ 2.821.444 $ 6,429,932 CAPITAL PROJECTS FUNDS Transportation Fund $ 9,938,761 $ $ 435,890 $ 16,656,032 1/2 Cent Sales Tax 1,700,000 511,928 5,000.000 Impact Fee Funds 3.047.700 519.327 10,242.000 Help Loan Fund 7,000.000 220.523 7.000.000 Tangerine Farms 10 29.698.005 11,451,406 17.186.044 Other Capital Project Funds 30.023.300 8,972.507 52.223,540 Total Capital Projects Funds $ 81,407.766 $ $ 22.111,581 $ 108,307,616 ENTERPRISE FUNDS Water Fund $ 5,614,271 $ $ 2,417,747 $ 5.329.933 Airport Fund 8,068,554 6,194,387 50.264,034 Total Enterprise Funds $ 13,682,825 $ $ 8,612,134 $ 55,593.967 TOTAL ALL FUNDS $ 128.043.810 $ $ 60.538,392 $ 209,825.171 . 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. 4/07 SCHEDULE E TOWN OF MARANA Summary by Department of Expenditures/Expenses Fiscal Year 2007-08 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES EXPENSES DEPARTMENT/FUND 2006-07 2006-07 2006-07* 2007-08 General Government: General Fund $ 2,374,454 $ $ 2,309,135 $ 3,169,580 Transportation Fund 794,695 686,353 1,794,695 Tangering Farms 10 146,995 LTAF 75,000 19,132 94,725 Other Grants 23,055 1,100,000 Department Total $ 3,244,149 $ $ 3,037,675 $ 6,305,995 Community Development: General Fund $ $ $ 191,981 $ 429,841 COBG/HOME 335,623 74,038 175,000 Affordable Housing 17,908 50,000 Department Total $ 335,623 $ $ 283,928 $ 654,841 Operations & Maintenance: General Fund $ 799,099 $ $ 1,846,705 $ 2,420,258 HURF 2,060,300 1 ,858,507 1,234,575 LTAF 63,250 11,812 64,711 Department Total $ 2,922,649 $ $ 3,717,024 $ 3,719,544 Police: General Fund $ 8,103,167 $ $ 6,936,404 $ 9,179,231 RICO 26,931 42,820 108,602 HIOTA 69,271 47,653 MANTIS 56,360 79,311 61,975 Auto Theft 56,360 72,955 61,975 Department Total $ 8,242,818 $ $ 7,200,761 $ 9,459,436 Courts: General Fund $ 729,080 $ $ 633,817 $ 910,214 JCEF 101,656 42,118 12,250 Fill-the-Gap 5,000 Local Technology 5,952 59,950 Department Total $ 830,736 $ $ 681,886 $ 987,414 * 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. 4/07 SCHEDULE F ~~ MARANA ~/l" TOWN Of MAPHA FY 2008 Final Budget Position Reconciliation Summary FY 2007 FY 2008 Department Adopted Proposed Chan~e* Town Clerk 3 3 0 Town Manager 16.5 11.5 -5 Human Resources 6 7 1 Finance and Accounting 6.75 7.75 1 Legal 5 7 2 Community Development 0 4 4 Public Information Officer 0 1 1 Economic Development 0 1 1 Development Services Admin 0 4 4 Operations & Maintenance 35 35 0 Building Services 22.5 21 -1.5 Planning and Zoning 14 15 1 Public Works 30.5 39 8.5 Geographical Info Systems 5 6 1 Information Technology 4.5 6 1.5 Police 109 113 4 Courts 12 13 1 Parks 42.75 48.25 5.5 Marana Water Department 18.5 17.5 -1 Airport Operations 2 2 0 Total 333 362 29 * Change includes mid-year increases TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 26, 2007 AGENDA ITEM: J.2. TO: MAYOR AND COUNCIL FROM: John A. Huntley, Building Official SUBJECT: Ordinance No. 2007.17: Relating to Building; adopting by reference the 2006 International Fire Code with local amendments; amending Marana Town Code Title 7 by revising section 7-1-2 and establishing an effective date. DISCUSSION Northwest Fire District has forwarded the attached version of the 2006 International Fire Code, as amended, with their recommendation for adoption by the Town of Marana. This edition is in concert with provisions contained within the "International" set of building related codes adopted by the Town of Marana through Ordinance 2006.33. Adoption of the 2006 edition of the International Fire Code will complete transition to the most up-to-date technical building related code set for this jurisdiction, and will place the Town of Marana on an equal footing with similar jurisdictions within the greater Tucson region. ATTACHMENTS 2006 International Fire Code Amendments. RECOMMENDATION Staff recommends that the Mayor and Council adopt Ordinance No. 2007.17, adopting by reference the 2006 International Fire Code, as amended. SUGGESTED MOTION I move to adopt Ordinance No. 2007.17 . {00005228.DOC /} 6/18/07CIH MARANA ORDINANCE NO. 2007.17 RELATING TO BUILDING; ADOPTING BY REFERENCE THE 2006 INTERNATIONAL FIRE CODE WITH LOCAL AMENDMENTS; AMENDING MARANA TOWN CODE TITLE 7 BY REVISING SECTION 7-1-2 AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS the Mayor and Council are authorized by A.R.S. S 9-802 to adopt codes and public records by reference; and WHEREAS Northwest Fire District has jurisdiction over the geographic area which in- cludes the Town of Marana; and WHEREAS Northwest Fire District has recommended adoption of the 2006 International Fire Code, with local amendments; and WHEREAS, the Town Council finds that adoption of the fire code proposed by this ordi- nance is necessary for the public health, safety, and welfare ofthe Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: Section 1. The 2006 International Fire Code and the local amendments to it, declared by Marana Resolution No. 2007-119 to be a public record and available for review in the Town Clerk's office, is hereby adopted by reference. Section 2. Subparagraph A(8) of Section 7-1-2 of the Marana Town Code is hereby re- vised by replacing "the 1997 international fire code" with "the 2006 international fire code." Section 3. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance. Section 3. If any section, subsection, sentence, clause, phrase, or portion of this ordi- nance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall become effective on the 27th day of July, 2007. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 26th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk {00005237.DOC I} Cedric Hay, Senior Assistant Town Attorney CIH 6/18/07 MARANA RESOLUTION NO. 2007-119 RELATING TO BUILDING; DECLARING THE 2006 INTERNATIONAL FIRE CODE, WITH LOCAL AMENDMENTS, TO TOWN CODE TITLE 7, ADOPTED BY MARANA ORDINANCE NO. 2007.17, AS A PUBLIC RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The 2006 International Fire Code, with local amendments, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 26th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney {00005239.DOC /} CIH 6/18/07 Town of Marana 2006 International Fire Code Amendments CHAPTER 1 ADMINISTRATION 101.2.1 Appendices. The following appendices are adopted as part of this Code: Appendix B Fire-flow requirements for buildings Appendix C Fire hydrant locations and distribution Appendix D Fire Apparatus Access Roads Appendix E Hazard Categories (as reference information) Appendix F Hazard Ranking Appendix G Cryogenic Fluids - Weight and volume equivalents (as reference information) SECTION 102 - APPLICABILITY Section 102.3 Change of use or occupancy is REVISED to read: 102.3 Change of use or occupancy. The provisions of the International Building Code shall apply to all buildings undergoing a change of occupancy. Section 102.4 Application of building code is REVISED to read: 102.4 Application of building code. The design and construction of new structures shall comply with the International Building Code. Repairs, alterations and additions to existing structures shall comply with the International Building Code. Section 102.5 Historical buildings is REVISED to read: 102.5 Historical buildings. The construction, alteration, repair, enlargement, restoration, relocation or movement of existing buildings or structures that are designated as historic buildings when such buildings or structures do not constitute a distinct hazard to life or property shall be in accordance with the provisions of the International Building Code. 102.9 Conflicting provisions. Amend to read as follows: 102.9 Conflicting provisions. Where there is a conflict between a general requirement and a specific requirement, or between this code and any other code, ordinance or statute, the more restrictive shall apply. SECTION 104 - GENERAL AUTHORITY AND RESPONSIBILITIES Section 104.2 is REVISED by ADDING the following subsection: Section 104.2.1 Permit Fees. Permit fees shall be in accordance with the Town of Marana Standard Fee Schedule and/or the Northwest Fire District fee schedule. 1 T own of Marana 2006 International Fire Code Amendments Section 104.6 Official Records. Is REVISED as follows: The fire code official shall keep official records as required by the approved State of Arizona records retention schedule. - Section 104.6.3 is REVISED by ADDING the following: The Building Official shall be notified of any fire in a residential structure and of any fire caused by an electrical or mechanical system within any structure. - 2 Town of Marana 2006 International Fire Code Amendments SECTION 105 - PERMITS 105.1.1 Permits required is REVISED as follows: Permits required. Permits required by this code shall be obtained from the Building Services Department as reviewed by the fire code official. It shall be unlawful for any person, firm or corporation to use a building(s) or premises or engage in any activities for which the fire code official requires a permit without first having obtained such permit. Permit fees, if any, shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated herein at all times and shall be readily accessible for inspection by the fire code official. For information on required permits, contact the northwest fire district, fire prevention section at (520) 887-1010. 105.1.2 Types of Permits. Is REVISED as follows: 1. Operational permit. An operational permit is one that is issued as a Building Permit by the Building Services Departments/Northwest Fire District as reviewed by the fire code official that allows the applicant to conduct an operation or a business for which a permit is required by Section 105 and that the Certificate of Occupancy is conditional upon the operation continuing as approved. Changes in the operation will require new permit applications and re-issuance of the Certificate of Occupancy. 2. Construction permit. A construction permit is one that is issued as a Building Permit by the Building Services Department/Northwest Fire District as reviewed by the fire code official and building plan reviewers. This permit allows the applicant to construct, install or modify building systems and equipment for which a permit is required by this or other regulations. Section 105.6 Required operational permits is REVISED as follows: 105.6 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.47. 105.6.2 Amusement buildings An operational permit is required to operate a temporary special amusement building. Temporary special amusement buildings shall be operated for a period of time not to exceed 45 days. Plans for temporary special amusement buildings shall be submitted to the northwest fire district fire prevention section 30 days before the opening of the building or structure to the public. 105.6.4 Carnivals and fairs. An operational permit is required to conduct a carnival or fair. 105.6.9 Covered mall buildings. An operational permit is required for: 3 Town of Marana 2006 International Fire Code Amendments 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid- or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall. - 105.6.13 Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows. 105.6.14 Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects within the scope of Chapter 33. 105.6.26 Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate Iiquid- or gas-fueled vehicles or equipment in assembly buildings. 105.6.30 Open burning. A permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to. Exception: Recreational fires. ~) 105.6.36 Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material. 105.6.43 Temporary membrane structures, tents and canopies. An operational permit is required to operate a temporary membrane structure or a tent having an area in excess of 400 square feet (37m\ or a canopy in excess of 900 square feet (84m2). Exceptions: 1. Tents used exclusively for recreational camping purposes. Section 105.7 Required construction permits is REVISED as follows: 105.7 Required construction permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.7.1 through 105.7.12. 105.7.1 Automatic fire-extinguishing systems. A construction permit is required for installation of or modification to an automatic fire-extinguishing system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.7.3 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment. Maintenance performed in 4 Town of Marana 2006 International Fire Code Amendments accordance with this code is not considered a modification and does not require a permit. 105.7.4 Fire pumps and related equipment. A construction permit is required for installation of or modification to fire pumps and related fuel tanks, jockey pumps, controllers, and generators. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.7.11 Standpipe systems. A construction permit is required for the installation, modification, or removal from service of a standpipe system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.7.12 Temporary membrane structures, tents and canopies. A construction permit is required to erect a tempora~ membrane structure or a tent having an area in excess of 400 square feet (19m ), or a canopy in excess of 900 square feet (37m2). Exceptions: 1. Tents used exclusively for recreational camping purposes. SECTION 108 - BOARD OF APPEALS Section 108.1 is REVISED as follows: 108.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, the Northwest Fire district hereby establishes that the district's Board of Directors shall serve as the district's board of appeals. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. The Board shall have no authority to waive requirements of this code. Section 108.1.1 Administrative Review is ADDED to read: 108.1.1 Administrative review. Whenever a violation of this code has been found and the property owner or representative wishes to challenge the application of this code by the inspection authority, an administrative review may be requested based on the claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed, The request for an administrative review shall be filed with the fire code official as follows: 1. The applicant shall file a written request for administrative review on or before Friday of each week, not later than 4:30 p.m. 5 Town of Marana 2006 International Fire Code Amendments 2. The fire code official will conduct the review within 10 working days of the receipt of the request. 3. The fire code official may use a hearing committee consisting of such staff as is deemed appropriate to provide additional insight regarding the request for review. 4. Adequate information shall be provided by the applicant on the request for review to fully describe the condition(s) in question. 5. The applicant may, but is not required to, meet with the fire code official to discuss the review. 6. If the administrative review results in upholding the actions of the inspection staff, the applicant shall comply with the requirement(s) of the fire code or file an appeal with the district's board of appeals. ~, Section 109.3 Violation penalties is REVISED to read: Section 109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or direction of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a civil infraction, and upon conviction thereof, punishable by a fine in accordance with the Town of Marana, Arizona or Pima County, Arizona fine schedule as applicable for such violation(s). Each day that a violation continues after due notice has been served shall be deemed a separate offense. - Section 111 Stop work order Section 111.1 Order is REVISED by adding at the end: The stop work order is limited to work performed under this code. The building official shall be notified of any stop work order. Section 111.4 Failure to comply is REVISED to read: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine in accordance with the Town Of Marana, Arizona or Pima County, Arizona fine schedule as applicable for such violation. ...,.,.,.,..," 6 Town of Marana 2006 International Fire Code Amendments CHAPTER 2 DEFINITIONS SECTION 201 - GENERAL Section 201.3 Terms defined in other codes is REVISED to read: 201.3 Terms defined in other codes. Whenever terms are not defined in this code and are defined by other applicable codes adopted by the jurisdiction, such terms shall have the meanings ascribed to them as in those codes. SECTION 202 - GENERAL DEFINITIONS The following definitions are ADDED as follows: Barbecue pit. An enclosure in which approved fuels are burned to make a bed of hot coals over which food is prepared. Driveway. A vehicular ingress and egress route that serves no more than two buildings or structures, not including accessory structures, or no more than five dwelling units. The following OCCUPANCY CLASSIFICATIONS are REVISED as follows: Institutional Group I. [B] Institutional Group I. Institutional Group I occupancy includes, among others, the use of a building or structure, or a portion thereof, in which people, cared for or living in a supervised environment and having physical limitations because of health or age, are harbored for medical treatment or other care or treatment, or in which people are detained for penal or correctional purposes or in which the liberty of the occupants is restricted. Institutional occupancies shall be classified as Group 1-1, 1-2, 1-3 or 1-4. Group 1-1. This occupancy shall include buildings, structures or parts thereof housing more than 10 persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This group shall include, but not be limited to, the following: Alcohol and drug centers Assisted living facilities Congregate care facilities Convalescent facilities Group homes Half-way houses Residential board and care facilities Social rehabilitation facilities 7 Town of Marana 2006 International Fire Code Amendments CHAPTER 3 ,~, GENERAL PRECAUTIONS AGAINST FIRE SECTION 302 - DEFINITIONS Section 302.1 Definitions. The definition of BONFIRE is hereby DELETED (in its entirety). SECTION 307 OPEN BURNING AND RECREATIONAL FIRES Section 307.2 Permit required is here by REVISED as follows: 307.2 Permit required. A burning permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized cultural or range or wildlife management practices or prevention or control of disease or pests. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be installed. Section 308.3.6 Theatrical performers. Is hereby REVISED by ADDING the following subsections: Section 308.3.6.1 Audience control. The audience shall be at least 30 feet (9144 mm) away from the closest projection of an open flame device. Audience control shall be established by use of a physical barrier which can be easily moved or removed in the event of an emergency and shall remain in place throughout the entire performance. ~, Section 308.3.6.2 Attendant. Performances shall be constantly attended by a person knowledgeable in the use of a fire extinguisher at the rate of at least 1 attendant for every 4 active performers. Attendants shall remain at the performance until the fire has been extinguished. Section 308.3.6.3 Fire extinguishers. Adequate fire extinguishing equipment including but not limited to buckets of water, water soaked rags, water extinguishers, or charged hose lines, shall be readily available for use during the performance. Portable fire extinguishers shall be provided at a minimum of one 20bc extinguisher for every four simultaneous performers. Section 308.3.6.4 Clearance from combustibles. A 25-foot (7620 mm) clearance from all combustibles shall be maintained in all directions. SECTION 311 - VACANT PREMISES Section 311.2 is hereby AMENDED as follows: 311.2 Safeguarding vacant premises. Temporarily unoccupied buildings, structures, premises or portions thereof shall be secured and protected in -, accordance with this section. Contact information shall be conspicuously posted, either on the building or as agreed to by the fire code official. 8 Town of Marana 2006 International Fire Code Amendments Section 311.2.2 Fire protection is hereby AMENDED by DELETING Exceptions 1 and 2 (in their entirety). SECTION 313 - FUELED EQUIPMENT Section 313.1 Fueled equipment is REVISED as follows: 313.1 Fueled equipment. Fueled equipment, including but not limited to motorcycles, mopeds, lawn-care equipment and portable cooking equipment, shall not be operated or repaired within a building, including living spaces of Group R occupancies. Exceptions: 1. Buildings or rooms constructed for such use in accordance with the International Building Code. 2. When allowed by Section 314. 3. Use of LP-gas powered equipment in accordance with NFPA 58. SECTION 316 - HEAT-PRODUCING APPLIANCES is hereby ADDED as follows: SECTION 316 - HEAT PRODUCING APPLIANCES Section 316.1 General. Heating appliances shall be installed and maintained in accordance with their listing and the jurisdiction's building, electrical, and mechanical codes. Clearances from combustible material shall be maintained as set for the in the building and mechanical codes and the product listing. Section 316.2 Clothes dryers. Clothes dryers shall be frequently cleaned to maintain the lint trap, mechanical and heating componen'ts free from excessive accumulations of lint. 9 Town of Marana 2006 International Fire Code Amendments CHAPTER 4 - EMERGENCY PLANNING AND PREPAREDNESS Section 403.1 is REVISED by ADDING the following paragraphs: When the fire code official has determined that a fire watch is needed, such personnel shall be qualified as deemed by the Fire Official. Fire watch personnel shall be subject to the fire code official's orders at all times, and shall not be permitted to perform any duties other than those prescribed by this section or by the fire code official. Section 403.2 Special Amusement Buildings is ADDED as follows: 403.2 SPECIAL AMUSEMENT BUILDINGS Section 403.2.1 Scope. Special amusement buildings used for a period of time not exceeding 45 days shall conform to the requirements in section 403.2 in addition to the provisions set forth in IFC Chapters 1, 2, 4, 9 and 10 and the International Building Code. Exception: Amusement buildings or portions thereof which are without walls or a roof and constructed to prevent the accumulation of smoke in assembly areas. ~-' Section 403.2.2 Permit required. For permit requirements refer to section 105.6.2 of this code. Section 403.2.3 General. Where mazes, mirrors or other effects are used to confound the egress path, exits and exit signs shall be approved by the building official and where practicable, shall comply with the requirements specified in Chapter 10 of this code. Section 403.2.4 Travel distance. No portion of a maze may be further than 50 feet from an obvious, marked exit out of the maze. Section 403.2.5 Hazards. Open flame and flammable and combustible liquids are prohibited within such occupancies. Section 403.2.6 Operating at reduced lighting levels. Section 403.2.6.1 General. When such facilities operate at reduced lighting levels they shall adhere to the following provisions: 1. Guide(s). Guides are required when haunted houses; fun houses and similar uses operate at reduced lighting levels. The guide(s) shall be responsible for complying with the following provisions: - 10 Town of Marana 2006 International Fire Code Amendments A. When people enter such an occupancy, they shall be organized into a group not to exceed 20 persons (including the guides), and said group shall be accompanied by guides who shall be familiar with the facility. B. The guides shall have an operable flashlight on their person at all times. C. The guides shall have direct communication with an attendant located at the switch controlling the house lights. 2. Lighting attendant. There shall be an attendant who can immediately turn on the house lights in case of an emergency. 3. Change of elevations. Any change of elevation within a building or structure operating at reduced lighting level shall be provided with a minimum of one foot candle illumination at floor level. Section 403.7 Fire protection. Fire protection for amusement buildings shall be in accordance with Section 903.2.10.4 of this code. 11 ~ Town of Marana 2006 International Fire Code Amendments CHAPTER 5 ~'" FIRE SERVICE FEATURES SECTION 503 - FIRE APPARATUS ACCESS ROADS Section 503.1 Where required is AMENDED to read: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Section 503.1.1 through 503.1.3, and Appendix D. Section 503.2 Specifications is AMENDED to read: 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Section 503.2.1 through 503.2.7, and Appendix D. Section 503.2.7 Grade is AMENDED to read: 503.2.7 Grade. The grade of the fire apparatus road shall comply with the provisions of Appendix D of this code. Section 503.6 Security gates is AMENDED to read: 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The _h security gates and the emergency operation shall be maintained operational at all times. See Appendix D of this code for detailed requirements. Section 503.7 Maintenance is ADDED to read: 503.7 Maintenance. The person(s) in possession of the premises on and into which a fire apparatus access roadway is required shall be solely responsible for the maintenance of such roadways and all required signs. No owner, manager or other person(s) in charge of premises served by a required fire apparatus access roadway shall abandon or close the fire apparatus access roadway or any part thereof without permission of the fire code official. The person(s) in possession of the premises shall be responsible in ensuring that fire apparatus access roadways are kept clear and unobstructed at all times. SECTION 505 - PREMISES IDENTIFICATION Section 505.1 Address numbers is hereby AMENDED to read: 505.1 Address numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Address numbers shall be in accordance with Pima County or Town of Marana address display requirements. ~, SECTION 506 - KEY BOXES Section 506.1 is revised by Added the second paragraph to read: 12 Town of Marana 2006 International Fire Code Amendments 506.1 All commercial buildings equipped with an automatic fire sprinkler system or automatic fire alarm system shall have a key box installed in an approved location. Key boxes shall be of an approved type and be of a size suitable for the number of keys to be placed inside. If keys are for different locks, they shall be identified accordingly. SECTION 508 - FIRE PROTECTION WATER SUPPLIES Section 508.1 Required water supply is AMENDED to read: 508.1 Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, building or portions of buildings are hereafter constructed or'moved into or within the jurisdiction. Where commercial property is subdivided with or without the creation of public or private streets for the expressed purpose of providing said subdivided parcels for sale or otherwise permitting separate and/or individual development to occur, an approved water supply cable of providing the required fire flow for fire protection shall be provided and extended to serve directly any and all subdivided properties. The required fire flow shall be in accordance with Appendix B of this code. Section 508.3 Fire flow is REVISED to read: 508.3 Fire flow. Fire flow requirements for buildings or portions of buildings and facilities shall be in accordance with Appendix B of this code. 508.5.1 Exceptions #2 is REVISED to read: For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.11 or 903.3.1.2 the distance requirement shall be 500 feet. The Fire Department connection shall be no greater than 200 feet from the hydrant. 508.5.4 Obstructions is REVISED by ADDING a second paragraph to read: Vehicles shall not be placed, parked, or kept within 15 feet of a fire hydrant. Section 508.5.7 Reflective pavement markers is ADDED to read: 508.5.7 Reflective pavement markers. All fire hydrants shall be identified by the installation of approved blue reflective pavement markers placed in accordance with the requirements of the fire code official and the Town of Marana. 13 Town of Marana 2006 International Fire Code Amendments ~" CHAPTER 9 FIRE PROTECTION SYSTEMS SECTION 901 - GENERAL Section 901.2.1 Statement of compliance. Is hereby REPEALED (in its entirety) and REPLACED with the following: Section 901.2.1 Plans for fire sprinkler systems. Complete plans and hydraulic calculations for fire sprinkler systems installations shall be submitted for review and approval prior to beginning installation, modification or alteration. Plans shall be drawn to an indicated scale, on sheets of uniform size and shall show, as a minimum the data required by NFPA 13-2002 Edition, Chapter 8. Water supply data for hydraulic calculations shall be based on 90 percent of the available water supply as determined by flow test information. Section 901.4 Installation is hereby AMENDED by REPEALING the word "Required" in the second sentence: Section 901.4 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. Systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alterations to fire protection systems shall be done in accordance with applicable standards. -" .......\, 14 Town of Marana 2006 International Fire Code Amendments Section 901.7 Systems out of service is hereby AMENDED by ADDING a third paragraph to read as follows: No required fire sprinkler system or fire alarm system shall be placed out of service for more than 8 hours in any 24 hour period without authorization by the fire code official. This section is further REVISED by REPEALING (in their entirety) Sections 901.7.1 through 901.7.6 and REPLACED with the following: 901.7.1 Notification. The person placing the fire protection system (or portion thereof) out of service shall notify the fire code official of the time the system is placed out of service and an estimate of time the system (or portion thereof) will be out of service. Upon completion of the work on the system, the fire code official must be notified when the system (or portion thereof) is placed back in service. SECTION 903 - AUTOMATIC FIRE SPRINKLER SYSTEMS Section 903.2.1 Group A is DELETED (in its entirety) and REPLACED as follows: 903.2.1 Group A. An automatic sprinkler system shall be provided throughout all Group A occupancies. Section 903.2.2 Is renamed Group B. Group E is renumbered. 903.2.2 Group B. An automatic sprinkler system shall be provided throughout all Group B occupancies. Section 903.2.2 Group E #1. is DELETED (in its entirety), RENUMBERED and REPLACED 903.2.3 Group E. An automatic sprinkler system shall be provided throughout all Group E occupancies. Section 903.2.3 Group F is DELETED (in its entirety), RENUMBERED and REPLACED as follows: 903.2.4 Group F. A~ automatic sprinkler system shall be provided throughout all Group F occupancies. Section 903.2.4 Group H is RENUMBERED as follows: 903.2.5 Group H. Automatic sprinkler systems shall be provided in high-hazard occupancies as required in Sections 903.2.5.1 through 903.2.5.3. 903.2.5.1 General. An automatic sprinkler system shall be installed in Group H occupancies. 15 Town of Marana 2006 International Fire Code Amendments ~ 903.2.5.2 Group H-5 occupancies. An automatic sprinkler system shall be installed throughout buildings containing Group H-5 occupancies. The design of the sprinkler system shall not be less than that required under the International Building Code for the occupancy hazard classifications in accordance with Table 903.2.5.2. Where the design area of the sprinkler system consists of a corridor protected by one row of sprinklers, the maximum number of sprinklers required to be calculated is 13. ~" ~ 16 Town of Marana 2006 International Fire Code Amendments TABLE 903.2.42.2 GROUP H-5 SPRINKLER DESIGN CRITERIA LOCATION OCCUPANCY HAZARD CLASSIFICATION Ordina Hazard Grou 2 Ordina Hazard Grou 2 Ordina Hazard Grou 2 Extra Hazard Grou 2 Ordinary Hazard Group 2 903.2.42.3 Pyroxylin plastics. An automatic sprinkler system shall be provided in buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled in quantities exceeding 100 pounds (45 kg). Section 903.2.5 Group I is RENUMBERED as follows: 903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group 1 fire area. Exception: An automatic sprinkler system installed in accordance with Section 903.3.1.2 or 903.3.1.3 shall be allowed in Group 1-1 facilities. Section 903.2.6 Group M is DELETED (in its entirety), RENUMBERED and REPLACED as follows: 903.2.7 Group M. An automatic sprinkler system shall be provided throughout all Group M occupancies. Section 903.2.7 Group R is DELETED (in its entirety), RENUMBERED and REPLACED as follows: 903.2.8 Group R. An automatic sprinkler system shall be provided throughout all Group R occupancies in accordance with this section. 903.2.8.1 Group R-1. An automatic sprinkler system shall be provided throughout all Group R-1 occupancies. 903.2.8.2 Group R-2. An automatic sprinkler system shall be provided throughout all Group R-2 occupancies. 903.2.8.3 Group R-3. An automatic sprinkler system shall be provided throughout all Group R-3 occupancies that does not meet the fire flow as outlined in 8105.1. Exceptions: 1. Manufactured (mobile) and modular homes built on a permanent chassis designed and built as a dwelling unit and recreational vehicles that were not site built and are portable in nature. Modular buildings meant to be permanent are NOT include in this exception. 17 Town of Marana 2006 International Fire Code Amendments 2. An automatic sprinkler system installed in accordance with Section 903.3.1.2 or 903.3.1.3 shall be allowed in Group R-3 occupancies. ~, 903.2.8.3.1 Model homes with sales offices or storage. An automatic sprinkler system shall be provided throughout all group r-3 occupancies used as model homes with sales offices or storage within the occupancy. 903.2.8.4 Group R-4. An automatic sprinkler system shall be provided throughout all newly constructed Group R-4 occupancies in compliance with NFPA 13R as directed by Marana Ordinance. Exception: An automatic sprinkler system installed in accordance with Section 903.3.1.2 or 903.3.1.3 shall be allowed in Group R-4 occupancies. Exception: Existing R-4 occupancies may be retrofitted in compliance with NFPA 130 with in 24 months. Section 903.2.8 Group S-1 is DELETED (in its entirety), RENUMBERED and REPLACED as follows: 903.2.9 Group S. An automatic sprinkler system shall be provided throughout all Group S occupancies. Section 903.2.10 All occupancies except Groups R-3 and U is DELETED (in its entirety) and REPLACED as follows: 903.2.10 All occupancies except Groups R-3 and U. An automatic sprinkler system shall be installed in the locations set forth in Sections 903.2.10 and 903.2.10.2. ........ Section 903.3.1.1.1 Exempt locations is REVISED by DELETING Item 4: 903.3.1.1.1 Exempt locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than 2 hours. 903.3.5.1.2 Residential combination services. A single combination water supply shall be permitted provided that the domestic demand is added to the sprinkler demand as required by NFPA 13R. _. 18 Town of Marana 2006 International Fire Code Amendments Section 903.3.8 Installation requirements is ADDED as follows: 903.3.8 Access to fire sprinkler riser room. Fire sprinkler risers and shut off controls shall be located in an enclosed riser room directly accessible from the outside of the building Section 903.4 Sprinkler system monitoring and alarms is added as follows: 8. Underground key or hub valves in roadway boxes provided for use by the municipality of public utility. Section 903.4.1 Signals is REVISED as follows: Exceptions: 1. For automatic sprinkler systems protecting one- and two-family dwellings installed in accordance with NFPA13D, the water flow switch shall be permitted to sound a local alarm only. 2. Backflow prevention device shutoff valves shall be locked in the open position. The backflow prevention shutoff valves shall be electrically supervised by a tamper switch installed in accordance with NFPA 72 and separately annunciated. Section 903.6 Existing Buildings is REVISED by ADDING the following subsection: 903.6.2 Fire area increase. Any addition to an existing structure, where the square footage of the new addition is greater than 25% of the total square footage of the existing structure and the required fire flow for the total fire area (new & existing) is not equal to the fire flow required by Appendix B of the fire code, shall require that the entire structure be equipped throughout with an approved automatic fire extinguishing system. SECTION 904-ALTERNATE AUTOMATIC FIRE-EXTINGUISHING SYSTEMS Section 904.11.2 System interconnection is AMENDED to read: 904.11.2 System interconnection. The actuation of the fire suppression system shall automatically shut down the fuel or electrical power supply to the cooking equipment and to all electrical receptacles located within the perimeter of the protected exhaust hood. The fuel and electrical supply reset shall be manual. 19 Town of Marana 2006 International Fire Code Amendments CHAPTER 10 MEANS OF EGRESS SECTION 1008 - DOORS, GATES AND TURNSTILES Section 1008.1.3.4. Access-controlled egress doors. Item 3 is REVISED as follows: 1008.1.3.4 Access-controlled egress doors. The entrance doors in a means of egress in buildings with an occupancy in Group A, S, E, M, R-1 or R-2 and entrance doors to tenant spaces in occupancies in Groups A, S, E, M, R-1 and R-2 are permitted to be equipped with an approved entrance and egress access control system which shall be installed in accordance with all of the following criteria: 1. A sensor shall be provided on the egress side arranged to detect an occupant approaching the doors. The doors shall be arranged to unlock by a signal from or loss of power to the sensor. 2. Loss of power to that part of the access control system which locks the doors shall automatically unlock the doors. 3. The doors shall be arranged to unlock from a manual unlocking device located 40 inches to 48 inches (1016 mm to 1219 mm) vertically above the floor and within 5 feet (1524 mm) of the secured doors. Ready access shall be provided to the manual unlocking device and the device shall be clearly identified by a sign that reads: PUSH TO EXIT. Lettering shall be at least 1 inch (25mm) in height and shall have a stroke of not less that 1/8 inch (3.2mm), on a contrasting background next to unlocking device. When operated, the manual unlocking device shall result in direct interruption of power to the lock, independent of the access control system electronics, and the doors shall remain unlocked for a minimum of 30 seconds. 4. Activation of the building fire alarm system, if provided, shall automatically unlock the doors, and the doors shall remain unlocked until the fire alarm system has been reset. 5. Activation of the building automatic sprinkler or fire detection system, if provided, shall automatically unlock the doors. The doors shall remain unlocked until the fire alarm system has been reset. 6. Entrance doors in buildings with an occupancy in Group A, S, E or M shall not be secured from the egress side during periods that the building is open to the general public. Section 1008.1.8.6 Delayed egress locks. Item 5 is REVISED as follows: 1008.1.8.6 Delayed egress locks. Approved, listed, delayed egress locks shall be permitted to be installed on doors serving any occupancy except Group A, E and H occupancies in buildings that are equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or an 20 ........., - - Town of Marana 2006 International Fire Code Amendments approved automatic smoke or heat detection system installed in accordance with Section 907, provided that the doors unlock in accordance with Items 1 through 6 below. A building occupant shall not be required to pass through more than one door equipped with a delayed egress lock before entering an exit. 1. The doors unlock upon actuation of the automatic sprinkler system or automatic fire detection system. 2. The doors unlock upon loss of power controlling the lock or lock mechanism. 3. The door locks shall have the capability of being unlocked by a signal from the fire command center. 4. The initiation of an irreversible process which will release the latch in not more than 15 seconds when a force of not more than 15 pounds (67 N) is applied for 1 second to the release device. Initiation of the irreversible process shall activate an audible signal in the vicinity of the door. Once the door lock has been released by the application of force to the releasing device, relocking shall be by manual means only. Exception: Where approved, a delay of not more than 30 seconds is permitted. 5. A sign shall be provided on the door located above and within 12 inches (305 mm) of the release device reading: PUSH UNTIL ALARM SOUNDS. DOOR CAN BE OPENED IN 15 [30] SECONDS. Lettering shall be at least 1 inch (25mm) in height and shall have a stroke of not less than 1/8 inch (3.2mm), on a contrasting background. 6. Emergency lighting shall be provided at the door. 21 Town of Marana 2006 International Fire Code Amendments CHAPTER 11 ",...~ AVIATION FACiliTIES SECTION 1106 - AIRCRAFT FUELING Section 1106.3 Construction of aircraft-fueling vehicles and accessories is REVISED by ADDING the words "and NFPA 385" to the end of the sentence as follows: 1106.3 Construction of aircraft-fueling vehicles and accessories. Aircraft-fueling vehicles shall comply with this section and shall be designed and constructed in accordance with NFPA 407 and NFPA 385. CHAPTER 14 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION SECTION 1410 - ACCESSFOR FIRE FIGHTING Section 1410.2 Key boxes is REVISED as follows: -, 1410.2 Key boxes or padlocks. Key boxes or padlocks shall be provided as required by Chapter 5. SECTION 1412 - WATER SUPPLY FOR FIRE PROTECTION Section 1412.1 When required is REVISED as follows: 1412.1 When required. Fire hydrants connected to an approved water supply for fire protection, shall be installed and in service prior to placing combustible material on site. SECTION 1414 - AUTOMATIC SPRINKLER SYSTEMS Section 1414.1 Completion before occupancy is REVISED as follows: 1414.1 Completion before occupancy. In buildings where an automatic sprinkler system is required by this code or the International Building Code, it shall be unlawful to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved, except as provided in Section 105.3.4. . ......'" 22 Town of Marana 2006 International Fire Code Amendments CHAPTER 22 SERVICE STATIONS AND REPAIR GARAGES SECTION 2208 - COMPRESSED NATURAL GAS MOTOR FUEL-DISPENSING FACILITIES Section 2208.3. location of dispensing operation and equipment is REVISED by ADDING the subsection as follows: 2208.3 location of dispensing operations and equipment. Compression, storage and dispensing equipment shall be located above ground, outside. Exceptions: 1. Compression, storage or dispensing equipment shall be allowed in buildings of noncombustible construction, as set forth in the International Building Code, which are unenclosed for three quarters or more of the perimeter. 2. Compression, storage and dispensing equipment shall be allowed indoors in accordance with Chapter 30. 2208.3.1 location on property. In addition to the requirements of Section 2203.1, compression, storage and dispensing equipment shall be installed as follows: 1. Not beneath power lines. 2. Ten feet (3048 mm) or more from the nearest building or lot line which could be built on, public street, sidewalk, or source of ignition. Exception: Dispensing equipment need not be separated from canopies that are constructed in accordance with the International Building Code and which provide weather protection for the dispensing equipment. 3. Twenty-five feet (7620 mm) or more from the nearest rail of any railroad track and 50 feet (15 240 mm) or more from the nearest rail of any railroad main track or any railroad or transit line where power for train propulsion is provided by an outside electrical source such as third rail or overhead catenary. 4. Fifty feet (15 240 mm) or more from the vertical plane below the nearest overhead wire of a trolley bus line. 2208.3.2 Vehicle impact protection. Vehicle impact protection for CNG gas storage containers, pumps and dispensers shall be provided in accordance with Section 312. 23 Town of Marana 2006 International Fire Code Amendments CHAPTER 24 ~" TENTS, CANOPIES AND OTHER MEMBRANE STRUCTURES SECTION 2403 - TEMPORARY, TENTS, CANOPIES AND MEMBRANE STRUCTURES 2403.2 Approval required. Tents and membrane structures having an area in excess of 400 square feet (37m2) and canopies in excess of 900 square feet (84m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official. Exceptions: 1. Tents used exclusively for recreational camping purposes. Section 2403.8.2 Location is REVISED as follows: 2403.8.2 Location. Tents, canopies or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents, canopies or membrane structures. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure, tent or canopy. Exceptions: 1. Separation distance between membrane structures, tents and canopies not used for cooking, is not required when the aggregate floor area does not exceed 15,000 square feet (1394 m2). 2. Membrane structures, tents or canopies need not be separated from buildings when all of the following conditions are met: ~, 2.1. The aggregate floor area of the membrane structure, tent or canopy shall not exceed 10,000 square feet (929 m2). 2.2. The aggregate floor area of the building and membrane structure, tent or canopy shall not exceed the allowable floor area including increases as indicated in the International Building Code. 2.3. Required means of egress provisions are provided for both the building and the membrane structure, tent or canopy, including travel distances. 2.4. Fire apparatus access roads are provided in accordance with Section 503. Section 2403.12.3 Exit openings from tents. Item 2 is REVISED as follows: 2403.12.3 Exit openings from tents. Exit openings from tents shall remain open unless covered by a flame-resistant curtain. The curtain shall comply with the following requirements: ~, 24 Town of Marana 2006 International Fire Code Amendments 1. Curtains shall be free sliding on a metal support. The support shall be a minimum of 80 inches (2032 mm) above the floor level at the exit. The curtains shall be so arranged that, when open, no part of the curtain obstructs the exit. 2. Curtains shall be of a color, or colors, that contrasts with the color of the tent or is adequately marked otherwise indicating an exit opening. Section 2403.12.4 Doors is hereby REVISED as follows: 2403.12.4 Doors. Exit doors shall swing in the direction of exit travel. To avoid hazardous air and pressure loss in air-supported membrane structures, such doors shall be automatic closing against operating pressures. Opening force at the door edge shall not exceed 15 pounds (7 kg). Doors that latch shall have panic hardware installed and operating at all times. Section 2404.18.2.3 Closure is hereby REVISED by REPEALING the words "...Iocked and..." as follows: 2404.18.2.3 Closure. Fuel tank openings shall be sealed to prevent the escape of vapors. 25 Town of Marana 2006 International Fire Code Amendments CHAPTER 26 ~, WELDING AND OTHER HOT WORK SECTION 2604 - FIRE SAFETY REQUIREMENTS Section 2604.2.6 Fire extinguisher is REVISED as follows: 2604.2.6 Fire extinguisher. A minimum of one portable fire extinguisher complying with Section 906 and with a minimum 2-A:20-B:C rating shall be readily accessible within 30 feet (9144 mm) of the location where hot work is performed. The fire extinguisher(s) shall be readily accessible without climbing stairs or ladders. Section 2604.3.1 Pre-hot-work check is REVISED as follows: 2604.3.1 Pre-hot-work check. A pre-hot-work check shall be conducted prior to work to ensure that all equipment is safe and hazards are recognized and protected. A report of the check shall be kept at the work site during the work and available upon request. The pre-hot-work check shall determine all of the following: ..........~ 1. Hot work equipment to be used shall be in satisfactory operating condition and in good repair. Damaged, leaking or worn hoses shall not be used. 2. Hot work site is clear of combustibles or combustibles are protected. 3. Exposed construction is of noncombustible materials or, if combustible, then protected. 4. Openings are protected. 5. Floors are kept clean. 6. No exposed combustibles are located on the opposite side of partitions, walls, ceilings or floors. 7. Fire watches, where required, are assigned. 8. Approved actions have been taken to prevent accidental activation of suppression and detection equipment in accordance with Sections 2604.1.8 and 2604.1.9. 9. Fire extinguishers and fire hoses (where provided) are operable and available. SECTION 2606 - ELECTRIC ARC HOT WORK Section 2606.4 Emergency disconnect is REVISED as follows: 2606.4 Emergency disconnect. A switch or circuit breaker shall be provided so that fixed electric welders and control equipment can be disconnected from the supply circuit. The disconnect shall be installed in accordance with the ICC Electrical Code. The disconnect shall be marked EMERGENCY DISCONNECT and shall be visible from the equipment. -, 26 Town of Marana 2006 International Fire Code Amendments CHAPTER 33 EXPLOSIVES AND FIREWORKS SECTION 3308 - FIREWORKS DISPLAY Section 3308.10 Disposal is REVISED as follows: 3308.10 Disposal. Any unexploded shells or live components found after the display shall not be approached or handled until at least (1) hour has elapsed from the time the shells were fired. Any unexploded aerial shells or live components become the responsibility of the fire official and the operator. Shells that fail to lift from the mortar shall be considered misfires and shall be evaluated by the operator prior to any action taken. Shells that explode inside the mortar shall be evaluated by the fire code official and the operator prior to any action taken. 27 Town of Marana 2006 International Fire Code Amendments CHAPTER 34 - FLAMMABLE AND COMBUSTIBLE LIQUIDS SECTION 3404 - STORAGE Section 3404.2.12 Testing IS hereby AMENDED by ADDING the following subsection: Section 3404.2.12.3 Existing tanks and piping. Existing underground storage tanks and piping shall be tested for leakage at the owner's or operator's expense at least every 24 months in accordance with this section. Exception: Underground storage tank systems with an approved method of detecting leaks from any component of the system. Tanks shall be emptied of flammable or combustible liquids if required tests are not completed within the specified time. When testing is required, owners or operators shall provide the fire code official with data setting forth the method of testing that is to be used and shall submit the name of a qualified individual who will conduct the test. A testing permit shall be obtained. The method of testing to be used shall consider the effects of temperature, pressure and other variables and shall establish conclusively whether the tank or piping is leaking. Pneumatic testing is prohibited. -, The testing company shall submit test results to the code administration division within 30 days of the test. If any component of the system fails a test, the person conducting the test shall be responsible for notifying the Life Safety Division within 24 hours. Devices used for final testing shall be capable of detecting leaks as small as 0.05 gallons per hour. Leaking piping and equipment shall not be used until repaired or replaced. The fire code official is authorized to require that the test be conducted in the code official's presence. Section 3404.3.3.3 Clear means of egress is REVISED as follows 3404.3.3.3 Clear means of egress. Storage of any liquids, including stock for sale, shall not be stored within 10 feet of an exit door or be allowed to obstruct physically the route of egress. SECTION 3406 - SPECIAL OPERATIONS Section 3406.5.4.5 Commercial, industrial, government or manufacturing is REPLACED the first paragraph with the following: ~, 28 Town of Marana 2006 International Fire Code Amendments 3406.5.4.5 Commercial, industrial, governmental or manufacturing. The transferring of liquids used as fuels from tank vehicles into the fuel tanks of motor vehicles or special equipment located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted in accordance with this section. Section 3406.5.4.5 Commercial, industrial, government or manufacturing is further REVISED by ADDING the following subsections: 25. Prior to removal of the fuel cap, the bond wire cable shall be securely clamped to the vehicle being fueled. 26.At no time shall the fueling hose extend across a trafficable lane without florescent traffic cones conspicuously placed so that all vehicle traffic is blocked. Vehicles shall not drive over any delivery hose. 27. Fuel expansion space shall be provided in each motor vehicle tank to prevent overflow. 28. The fuel cap of the vehicle being fueled shall be replaced prior to disconnecting the bonding cable. Section 3406.5.4.6 Prohibition is ADDED to read: 3406.5.4.6 Prohibition. Tank vehicles and tank trailers shall not be used as on- site storage containers. 29 Town of Marana 2006 International Fire Code Amendments CHAPTER 38 - LIQUEFIED PETROLEUM GASES SECTION 3803 - INSTALLATION OF EQUIPMENT Section 3803.2.1.7 Use for food preparation is DELETED (in its entirety) and REPLACED with the following: 3803.2.1.7 USE FOR FOOD PREPARATION. Listed and approved LP-gas commercial food service appliances shall be permitted to be used inside restaurants and in attended commercial food catering operations provided that no commercial food service appliances shall have more than two, 10-02 non- refillable butane gas containers having a maximum water capacity of 1.08 Ibs. per container connected directly to the appliance at any time and containers shall not be manifolded. The appliance fuel container(s) shall be an integral part of the listed, approved commercial food service device and shall be connected without the use of a rubber hose. Butane containers shall be listed. Storage in restaurants and at food service locations of 10-02 butane non-refillable containers shall be limited to no more than twenty-four containers. SECTION 3811 PARKING AND GARAGING ~, Section 3811.2.2 Durations exceeding 1 hour is REVISED by DELETING item #1. 3811.2.2 Durations exceeding 1 hour. Liquefied petroleum gas tank vehicles parked at anyone point for longer than 1 hour shall be located as follows: 1. Inside of a bulk plant. 2. At other approved locations not less than 50 feet (15240 mm) from buildings other than those approved for the storage or servicing of such vehicles. .....1" 30 Town of Marana 2006 International Fire Code Amendments APPENDIX A BOARD OF APPEALS The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. Appendix A is REVISED as follows: SECTION A 101 GENERAL A101.1 Scope. A Northwest Fire Districtboard of appeals is hereby established for the purpose of hearing applications for modification of the requirements of the Northwest Fire District Fire Code pursuant to the provisions of Section 108. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the fire code official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions. A 101.2 Membership. The membership of the board shall consist of all of the voting members of the Northwest Fire District Board of Directors. A101.3 Terms of office. Members shall be appointed for terms in accordance with district by-laws. A 101.3.1 Initial appointments. Appointments to the board shall be in accordance with district by-laws. A101.3.2 Vacancies. Vacancies shall be filled in accordance with district by-laws. A 101.3.3 Removal from office. Members shall be removed from office filled in accordance with district by-laws. A101.4 Quorum. A majority of the board members shall constitute a quorum. In varying the application of any provisions of this code or in modifying an order of the fire code official, affirmative votes of the majority present shall be req u ired. A 101.5 Secretary of board. The District shall provide a secretary to the board, who shall keep a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member, the absence of a member and any failure of a member to vote. A 101.6 Legal counsel. The jurisdiction shall furnish legal counsel to the board to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal 31 Town of Marana 2006 International Fire Code Amendments counsel at the jurisdiction's expense in all matters arising from service within the scope of their duties. ~ A101.7 Meetings. The board shall meet at least once a month. In any event, the board shall meet within 10 days after notice of appeal has been received. A 101.8 Conflict of interest. Members with a material or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations, and voting on such matters. A 101.9 Decisions. EverY decision shall be promptly filed in writing in the office of the fire code official and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant, and a copy shall be kept publicly posted in the office of the fire code official for 2 weeks after filing. A101.10 Procedures. The board shall be operated in accordance with the district's by-laws. - ,.",..,.~, 32 Town of Marana 2006 International Fire Code Amendments APPENDIX B FIRE-FLOW REQUIREMENTS FOR BUILDINGS Section B105.2 BuildiQgs other than one- and two-family dwellings is REVISED as follows: B105.2 Buildings other than one- and two-family dwellings. The minimum fire flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in Table 8105.1. Exception: A reduction in required fire flow of up to 75 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 of the International Fire Code. The resulting fire flow shall not be less than 1,500 gallons per minute (5678 IImin) for the prescribed duration as specified in Table 8105.1. 33 Town of Marana 2006 International Fire Code Amendments APPENDIX D FIRE APPARATUS ACCESS ROADS is REVISED as follows: APPENDIX D FIRE APPARATUS ACCESS ROADS SECTION D101 - GENERAL 0101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the international fire code. SECTION D102 - REQUIRED ACCESS 0102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved all-weather_fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34 050 kg). SECTION D103 MINIMUM SPECIFICATIONS 0103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm). See Figure 0103.1 _ 0103.2 Grade. Fire apparatus access roads shall not exceed 12 percent in grade. Exception: Grades steeper than 12 percent as approved by the fire code official. 0103.3 Driveways. Driveways exceeding 150 feet in length providing access to dwellings units shall provide a minimum unobstructed width of 14 feet (3658 mm) and a minimum unobstructed height of 13 feet 6 inches (4115 mm). Driveways in excess of 150 feet (45 720 mm) in length shall be provided with turnarounds. Driveways in excess of 200 feet (60 960 mm) in length and less than 20 feet (6096 mm) in width shall be provided with turnouts in addition to turnarounds. A driveway shall not serve in excess of five dwelling units. Driveway turnarounds shall have inside turning radii of not less than 30 feet (9144 mm) and outside turning radii of not less than 45 feet (13716 mm). Driveways that connect with a road or roads at more than one point may be considered as having a turnaround if all changes of direction meet the radii requirements for driveway turnarounds. Driveway turnouts shall be an all-weather road surface at least 10 feet (3048 mm) wide and 30 feet (9144 mm) long. Driveway turnouts shall be located as required by the code official. ~" 34 Town of Marana 2006 International Fire Code Amendments Vehicle load limits shall be posted at both entrances to bridges on driveways and private roads. Design loads for bridges shall be established by the code official. 0103.4 Turning Radius. The minimum turning radius shall be based on a SU- 30 design vehicle. 0103.5 Oead ends. Dead-end fire apparatus access roads in excess of 150 feet (45,720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.5. TABLE D103.5 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGTH WIDTH (FEET) (FEET) TURNAROUNDS REQUIRED 0-150 20 NONE REQUIRED 151-600 20 HAMMERHEAD, "Y" OR CUL-DE-SAC IN ACCORDANCE WITH FIGURES 0103.1,0103.2 AT TERMINAL END HAMMERHEAD, "Y" OR CUL-DE-SAC IN ACCORDANCE 601-1200 26 WITH FIGURES 0103.1, 0103.2 AT TERMINAL END AND MIDWAY APPROVED AUTOMATIC SPRINKLER SYSTEM INSTALLED OVER 1200 26 THROUGHOUT ALL OCCUPANCIES. HAMMERHEAD, "Y" OR CUL-DE-SAC IN ACCORDANCE WITH FIGURES 0103.1, 0103.2 AT TERMINAL END AND AT EACH 600 FEET. 0103.6 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. The minimum gate width shall be 20 feet (6096 mm) when serving two directions, or 14 feet when serving a single direction. 2. Gates shall be of the swinging or sliding type. 3. Construction of gates shall be of materials that allow manual operation by one person. 4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. 5. Electric gates shall be equipped with and have installed approved preemptive control opening equipment compatible with the fire department's existing system. A key switch will also be required on all electric control gates. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or a key box containing the key(s) to the lock is installed at the gate location. 35 Town of Marana 2006 International Fire Code Amendments 7. Locking device specifications shall be submitted for approval by the fire code official. ~"', D103.6.1 Existing Fire Apparatus Access Road Gates._Existing gates securing fire apparatus access roads shall comply with d 1 03.6. Exception: existing electric gates shall have installed approved preemptive control opening equipment compatible with the fire department's existing system within 18 months from the effective date of this code. D103.7Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING-FIRE LANE signs complying with District and Town of Marana standards. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required by Section 0103.7 .1 or 0103.7.2. Compliance with the provisions of this section shall be at no expense to the District or the Town. D1 03.7.1 Roads 20 feet wide, but less than_26 feet in width. Fire apparatus access roads less than 26 feet wide (6096 to 7925 mm) shall be posted on both sides as a fire lane. - D103.6 I. 2 Roads 26 feet wide, but less than 32 in width. Fire apparatus access roads 26 feet wide (7925 mm) but less than 32 feet wide (9754 mm) shall be posted on one side of the road as a fire lane. Where parking lanes are provided, they must be 8 feet in width. This is measured from the back of a wedge or rolled curb or the face of a vertical curb. Section D106 - MULTI-FAMILY RESIDENTIAL DEVELOPMENTS D106.1 Projects having more than 100 dwelling units. ADD the following: and shall meet the requirements of 0104.3. D106.2 Projects having more than 200 dwelling units ADD the following: and shall meet the requirements of 0104.3. ..........,~, 36 Town of Marana 2006 International Fire Code Amendments The followina have been deleted and reserved from these amendments 105.6.5 Cellulose nitrate film. DELETED/RESERVED 105.6.3 Aviation facilities. DELETED/RESERVED 105.6.1 Aerosol products. DELETED/RESERVED 105.6.6. Combustible dust-producing operations. DELETED/RESERVED 105.6.7 Combustible fibers. DELETED RESERVED 105.6.8. Compressed gases. DELETED/RESERVED 105.6.10 Cryogenic fluids. DELETED/RESERVED 105.6.11 Cutting and welding. DELETED/RESERVED 105.6.12 Dry cleaning plants. DELETED/RESERVED 105.6.15 Fire hydrants and valves. DELETED/RESERVED 105.6.16 Flammable and combustible liquids. DELETED/RESERVED 105.6.17 Floor finishing. DELETED/RESERVED 105.6.18 Fruit and crop ripening. DELETED/RESERVED 105.6.19 Fumigation and thermal insecticidal fogging. DELETED/RESERVED 105.6.20 Hazardous materials. DELETED/RESERVED 105.6.21 HPM facilities. DELETED/RESERVED 105.6.22 High-piled storage. DELETED/RESERVED 105.6.23 Hot work operations. DELETED/RESERVED 105.6.24 Industrial ovens. DELETED/RESERVED 105.6.25 Lumber yards and woodworking plants. DELETED/RESERVED 105.6.27 LP-gas. DELETED/RESERVED 105.6.28 Magnesium. DELETED/RESERVED 105.6.29 Miscellaneous combustible storage. DELETED/RESERVED 105.6.31 Open flames and torches. DELETED/RESERVED 105.6.32 Open flames and candles. 105.6.33 Organic coatings. DELETED RESERVED 105.6.34 Places of assembly. 105.6.35 Private fire hydrants. DELETED/RESERVED 105.6.37 Pyroxylin plastics. DELETED/RESERVED 105.6.38 Refrigeration equipment. DELETED/RESERVED 105.6.39 Repair garages and motor fuel-dispensing facilities. DELETED/ RESERVED 105.6.40 Rooftop heliports. DELETED/RESERVED 105.6.41 Spraying or dipping. DELETED/RESERVED 105.6.42 Storage of scrap tires and tire byproducts. DELETED/RESERVED 105.6.44 Tire-rebuilding plants. DELETED/RRESERVED 105.6.45 Waste handling. DELETED/RESERVED 105.6.46 Wood products. DELETED/RESERVED 105.7.2 Compressed gases. DELETED/RESERVED 105.7.5 Flammable and combustible liquids. DELETED/RESERVED 105.7.6 Hazardous materials. DELETED/RESERVED 105.7.7 Industrial ovens. DELETED/RESERVED 105.7.8 LP-gas. DELETED/RESERVED 105.7.9 Private fire hydrants. DELETED/RESERVED 37 Town of Marana 2006 International Fire Code Amendments 105.7.10 Spraying or dipping. DELETED/RESERVED 302.1 Definitions. The definition of BONFIRE is hereby DELETED/RESERVED. Section 912.5 Black flow protection is hereby DELETED/RESERVED. Section 307.3.1 Bonfires is hereby REPEALED (in its entirety) and the Section is RESERVED. ~ ......ih~ ~ 38 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARAN A June 26, 2007 AGENDA ITEM: J.3 TO: MAYOR AND COUNCIL FROM: Gilbert Davidson, Deputy Town Manager SUBJECT: Resolution No. 2007-120: Relating to Streets; approving and authorizing a proposed alignment for the extension of Marana Main Street North of Grier Road. DISCUSSION The successful development of Marana's downtown is contingent upon a viable road network that facilitates ease of access and ties into the greater regional Marana road system. With the alignment modifications for Marana Road and the disconnect of Sandario Road from the Marana Interchange, the new Marana Main Street becomes a critical road for access into the downtown areas. Upon Council approval ofthe Sanders Grove Residential Development Project, the need to realign and construct a new Marana Road that ties directly into the Marana Interchange became a requirement/condition of the project. Many alignments were modeled and studied for this connection. Meetings were held with stakeholders, both of non-developed property and existing businesses. The attached Version "C" is the preferred alternative recommended by staff with support from the existing business owners. It is paramount that this new roadway shall be constructed prior to the Marana Road connection to 1-10. A TT ACHMENTS Marana Main Street Versions "A", "B", and "C". RECOMMENDATION It is recommended that Version "C" of the Marana Main Street alignment be approved by the Mayor and Council as an amendment to the major routes plan. SUGGESTED MOTION I move to approve Resolution No. 2007-120. Marana Main Street Blue Sheet 6-26-07.doc MARANA RESOLUTION NO. 2007-120 RELATING TO STREETS; APPROVING AND AUTHORIZING A PROPOSED ALIGNMENT FOR THE EXTENSION OF MARANA MAIN STREET NORTH OF GRIER ROAD. WHEREAS, the Town of Marana created a new road named Marana Main Street as part of the creation of the Marana Municipal Complex; and WHEREAS, Marana Main Street is depicted on the Marana Major Routes Plan adopted by the Town of Marana on December 3,2002 by resolution 2002-150; and WHEREAS, the Town desires to set the proposed alignment of Marana Main Street North of Grier Road in order to provide a gateway into the Marana Town Core while providing a safe street network in the vicinity of Marana Road, Sandario Road, and the Marana interchange with 1-10; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Marana Major Routes plan shall be amended to depict Marana Main Street as the first full access intersection one-quarter mile west of Interstate 10 along Marana Road, which shall be realigned to be the roadway having direct access to the Interstate 10 Marana interchange. As part of the realignment of Marana Road, Sandario Road shall be connected to Marana Road, but not as a full intersection and without a median break in Marana Road. Tangerine Farms Road intersection with Marana Road shall be shifted west so that it is located approximately one-half mile west of Interstate 10 along Marana Road. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 26th day of June, 2007. Mayor Ed Honea. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney MaranaMainStreet-resolution.doc KEB 6/07 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 26, 2007 AGENDA ITEM: J.4 TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Director Public Works SUBJECT: Resolution No. 2007-121: Relating to Public Works; authorizing the submittal of an application to the Arizona Department of Transportation for the completion of the Santa Cruz River Shared Use Path and approving cash match funding for the project. DISCUSSION The proposed project is a 2.7 mile long stretch of trail running along the northeastern bank protection ofthe Santa Cruz River. The northern boundary will link to previously completed segments of shared-use path and will trigger the construction, per a signed development agreement, of a 0.7 mile extension along the Central Arizona Project Canal (CAP) Trail funded by the developer. Completion ofthese sections will connect existing neighborhoods, new residential developments, and schools to proposed commercial development providing residents of Northern Marana an alternate transportation route for work, play, and shopping. The project includes a fourteen (14) foot wide shared-use path featuring 5 rest nodes with benches featuring tile mosaic seats created by Marana High students, desert landscaping, irrigation, signage, and connections to existing trail segments. The path will be accessible from entry points within both the Gladden Farms and Heritage Parks to the north and the CAP trail from the south. The path is intended to accommodate non-motorized users including pedestrians, joggers, in-line skaters, bicyclists, and individuals in wheelchairs and other assistive equipment. Total cost of the proposed project is $1,095,835. The Town of Marana is requesting $500,000 in federal funds administered through the Arizona Department of Transportation, Marana will provide $30,223 in matching funds, and $565,612 to complete the project. RECOMMENDATION Staff recommends authorization the submittal of an application to the Arizona Department of Transportation for the completion of the Santa Cruz River shared use path and approving cash match funding for the project. SUGGESTED MOTION I move to approve Resolution No. 2007-121. 6/20/2007 MARANA RESOLUTION NO. 2007-121 RELATING TO PUBLIC WORKS; AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE COMPLETION OF THE SANTA CRUZ RIVER SHARED USE PATH AND APPROVING CASH MATCH FUNDING FOR THE PROJECT. WHEREAS, the Town of Marana passed a Trail System Master Plan in July 2000 to provide a framework for development of trails connecting parks, schools, residential neighborhoods, shopping, and other community facilities; and WHEREAS, the Town of Marana is participating in completing an interconnected trail system linking to the Juan Bautista de Anza National Historic Trail, Central Arizona Project Canal Trails, and the Santa Cruz River riparian trail system; and WHEREAS, the Town of Marana recognizes the vital role that Marana's trail system plays in regional efforts to enhance transportation circulation and is actively working to complete the Northwest Marana - Santa Cruz River Shared Use Path (Phase III); and WHEREAS, the Arizona Department of Transportation administers the Federal Highway Administration's transportation enhancement program that makes funding available through a competitive statewide application process to support construction of projects such as this trail system; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to submit a transportation enhancement application that commits a 5.7% cash match funding requirement and other Town resources as necessary for the completion and ongoing maintenance of Northwest Marana- Santa Cruz River Shared Use Path (Phase III). PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 26th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Cedric Hay, Senior Assistant Town Attorney FACi Pdlh TOWN COUNCIL MEETING INFORMATION TOWN OF MARAN A MEETING DATE: June 26, 2007 AGENDA ITEM: J.5 TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Director Public Works SUBJECT: Resolution No. 2007-122: Relating to Public Works; authorizing the submittal of an application to the Arizona Department of Transportation for the completion of sidewalks on Silverbell Road and approving cash match funding for the project. DISCUSSION The proposed project is a 1.25 mile long stretch of infill sidewalk running along the southern side of Silverbell Road between Moon Fire Drive and Continental Reserve Loop. The western most segment of sidewalk will link to segments existing and developer financed sections providing continuous pedestrian access through the Continental Ranch community on both sides of the busy thoroughfare. Completion of the sidewalk sections will connect existing neighborhoods, and new residential developments to the Continental Reserve Neighborhood Park and Rattlesnake Ridge Elementary School. The sidewalk will provide safe access along the divided roadway from neighborhoods to adjacent commercial. The project features five foot wide meandering sidewalks with benches and landscaping. The project will be designed so new segments of the sidewalk transition with existing sections, the access ramps already placed at intersections, and the vegetation featured on the north side of Silverbell and in the median. The sidewalk is intended to accommodate pedestrians and individuals in wheelchairs and other assistive equipment. Total cost of the proposed project is $495,400. The Town of Marana is requesting $467,162 in federal funds administered through the Arizona Department of Transportation, will provide $28,238 in matching funds. RECOMMENDATION Staff recommends authorization the submittal of an application to the Arizona Department of Transportation for the completion of the Santa Cruz River shared use path and approving cash match funding for the project. SUGGESTED MOTION I move to approve Resolution No. 2007-122. 6/20, MARANA RESOLUTION NO. 2007-122 RELATING TO PUBLIC WORKS; AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE INST ALLA nON OF A SIDEWALK ON SIL VERBELL ROAD AND APPROVING CASH MATCH FUNDING FOR THE PROJECT. WHEREAS, the Town of Marana is committed to developing the infrastructure needed to sustain growth by connecting residential neighborhoods, parks, schools, shopping, and other community facilities; and WHEREAS, the Town of Marana is working with private developers and the Marana unified School District to provide paved access from adjacent neighborhoods to the New Rattlesnake Ridge Elementary School; and WHEREAS, the Town of Marana recognizes the vital role that Marana's pedestrian pathways play in regional efforts to enhance transportation circulation and is actively working to ensure safe pedestrian access, and WHEREAS, the Arizona Department of Transportation administers the Federal Highway Administration's transportation enhancement program that makes funding available through a competitive application process to support sidewalk infill and enhancement projects; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to submit a transportation enhancement application that commits 5.7% cash match funding requirement and other Town resources as necessary for the completion and ongoing maintenance of sidewalks on Silverbell Road between Silver Moon Way and the southern intersection on Continental Reserve Loop Road. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 26th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Cedric Hay, Senior Assistant Town Attorney TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 26, 2007 AGENDA ITEM: J.6 TO: MAYOR AND COUNCIL FROM: Torn Ellis, Parks and Recreation Director AGENDA TITLE: Resolution 2007-123: Relating to Parks and Recreation; authorizing the creation of a Recreation Services Annex in Continental Ranch and authorizing the execution of a lease agreement with Coachline Shops, L.L.C. for commercial space to house the Annex DISCUSSION The Town of Marana Parks and Recreation Department intends to establish a Recreation Services Annex in the Continental Ranch area. The annex would provide space for the Recreation Division's Tiny Tot Program, as well as youth and adult special interest and exercise classes. The rental cost associated with the facility space would be recovered through program fees collected from participants. Parks and Recreation staff identified retail space in the Coachline Shops located at the Coachline and Twin Peaks intersection. The space available is 1200 square feet and leases for $2500 per month plus utilities. Parks and Recreation staff negotiated a 3 year lease for the space. Contract documents have been approved by the Legal Department and procurement procedures have been approved by the Finance Department. The space is finished and is available for immediate occupancy. Research supports the price and lease terms are competitive for comparable space. This leased space will be temporary, until the Town develops a permanent building on the property recently leased from MUSD adjacent to E1 Rio Park. Registration for the next fall season of programs begins June 25. At the current time we have no location other than the proposed facility to offer Tiny Tots in the Continental Ranch Area. ATTACHMENTS Location Map and Site Plan RECOMMENDATION The Park and Recreation Department recommends approval to execute the contract. SUGGESTED MOTION I move to adopt Resolution No. 2007-123. Recreation Services Annex RLU 6119107 JDITE MARANA RESOLUTION NO. 2007-123 RELATING TO PARKS AND RECREATION; AUTHORIZING THE CREATION OF A RECREATION SERVICES ANNEX IN CONTINENTAL RANCH AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH COACHLINE SHOPS, L.L.c. FOR COMMERCIAL SPACE TO HOUSE THE ANNEX WHEREAS the Town desires to establish a Recreation Services Annex to provide pre- school, youth, and adult recreation opportunities in the Continental Ranch area; and WHEREAS the Town has no appropriate facilities in the Continental Ranch area; and WHEREAS commercial space is available from Coachline Shops, LLC at the intersection of Coachline Boulevard and Twin Peaks Road; and WHEREAS the Town has obtained and approved lease terms for three years, and has determined that it is competitive; and WHEREAS the space is finished and ready for immediate occupancy; and WHEREAS the cost of the lease shall be recovered through program fees; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of the public are served by entering into the lease with Coachline Shops, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the establishment of the Recreation Services Annex in Continental Ranch is approved, the lease with Coachline Shops, LLC for commercial space to house the Annex, a copy of which is attached to and incorporated in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized to execute it on the Town's behalf. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 26th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Recreation Services Annex Resolution 6/19/07 "'C L- eu > CD - ::J o al CD c -- - ..c (.) eu I 01 () " g~= ~ I / ______________ ~f, - v,,~ ,.,",... ", / - " ~. """ I!. ._ : >< .... ....' . ',,-----c.., --.1..... .1, ! I. !Ir-r--r-........I.......I......-..T.------,... -.--...:0 , ' _____ '-. ~ I , I \ 1... IL i r:------ .....-~: 'VI CD c-~[- ---1' LL l/j~... 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L_1.,) !--------i o c.. o L- a.. z~ ~ ~ ~ ~ ~ ~ r:rJ I 'ClJ\'1q aNl'1ll'JVO'J < ~ ~ fO ~ >< ~ TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 26, 2007 AGENDA ITEM: J.7 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Discussion of Bobby Sutton Indemnification Agreement DISCUSSION This item is being presented at the Mayor's request to provide an opportunity for open discussion of the background and history relating to the Bobby Sutton Indemnity Agreement. This item is also intended to facilitate any Council feedback and direction relating to this matter. In late 2003, the Town Manager requested the Town Attorney to prepare a draft agreement to address the potential payment of defense attorney costs being incurred by then-Mayor Bobby Sutton, Jr. arising out of the then-pending federal Hobbs Act investigation of meetings and discussions between Sutton, Richard Westfall and Waste Management officials relating to overweight garbage trucks from Waste Management's facility located on Ina Road immediately west of the Marana Operations Center. The Hobbs Act is a federal law addressing extortion by public officials. Since 1996, Marana Town Code Section 2-10-2* has provided for indemnification of town offi- cials "from and against any liability or loss in any manner arising out of, or occasioned by, his or her service as a town officer or official and based upon any claim by any third-party that the town or such town officer or official, by any action or fail- ure to act, damaged the property or infringed the rights of said third party, or of any other person on whose behalf said third-party brings a claim or legal action, provided such officer or official acted, or failed to act, in good faith and in a man- ner he reasonably believed to be in, or not opposed to, the best interests of the town. " Marana Town Code Section 2-10-2 is simply a restatement of the common law obligation of em- ployers to indemnify their employees for acts arising out of and in furtherance of their employ- ment. This obligation does not apply to criminal acts. In fact, governments are prohibited from indemnifying employees for their criminal conduct. However, the obligation to indemnify does apply to a public official's successful defense of allegations of criminal conduct arising out of and in furtherance of their official position. As explained in a Florida case where the court found . The wording of Section 2-10-2 was slightly and non-substantively revised by the November 2005 Town Code re- format. The wording of the section as quoted in this document is as it appeared through November 2005. {00005214.DOC /} - 1 - 6/15/20073:16 PM FJC that a City acted improperly by denying a mayor's demand for defense costs in a criminal case in which he was exonerated, "a municipal corporation or other public body is obligated to furnish or pay fees for counsel to defend a public official subjected to attack either in civil or criminal proceedings where the conduct complained of arises out of or in connection with the performance of his official duties. This obligation arises independent of stat- ute, ordinance or charter. It is not subject to the discretion of the keepers of the city coffers." Lomelo v. City of Sunrise, 423 So.2d 974 (Fla. App. 1982). See also, Bowens v. City of Pontiac, 165 Mich.App. 416, 419 N.W.2d 24 (1988) (city abused its discretion by failing to reimburse a city commissioner's attorneys fees incurred in his successful defense against criminal charges of conspiracy to violate gambling laws and conspiracy to conduct an illegal gambling operation). There are reported cases where governments were not held liable for reimbursement of criminal defense costs, but most appear to be situations where the public official's conduct that gave rise to the criminal charge was not within the scope of their official duties. See, generally, PAYMENT OF ATTORNEYS' SERVICES IN DEFENDING ACTION BROUGHT AGAINST OFFICIALS INDIVIDUALLY AS WITHIN POWER OR OBLIGATION OF PUBLIC BODY, 47 A.L.R. 5th 553. On December 1, 2003, the Town Attorney prepared a draft "Defense Cost Agreement" (copy at- tached). As drafted, it would have provided for the payment of Sutton's defense costs as they were incurred, consistent with Town Code Section 2-10-2 (D), which provided: In any case where any town officer or official is or may be entitled to be exoner- ated, indemnified and held harmless pursuant to the provisions of subsection A of this section, the town shall protect and defend such officer or official from and against any litigation commenced against him or her, by engaging and compensat- ing competent legal counsel to conduct his or her defense, and by paying all court costs, and any fees of opposing legal counsel, taxed or imposed by the court hav- ing jurisdiction." The December 1,2003 draft was not disseminated to anyone except the Town Manager, and was held pending a decision on whether Sutton would be indicted. When Sutton was eventually indicted on April 22, 2005, the Town Attorney reviewed the spe- cific allegations in the indictment, updated his legal research, and concluded that the Town would fulfill the substance of its indemnity obligation by offering a reimbursement agreement to Sutton instead of paying his defense costs as they were incurred. The Town Manager agreed with this approach. The Town Attorney then prepared the "Indemnity Agreement" which was pre- sented to and discussed with the Town Council at April 26, 2005 executive and open sessions and approved by the adoption of Resolution No. 2005-47. The Indemnity Agreement and resolu- tion are attached. Sutton's May 5, 2005 execution of the Indemnity Agreement effectively settled any claim he might have had to demand that the Town pay his defense costs as they were incurred. If Sutton had declined to execute the agreement, or if the Town had not offered it, immediate litigation {00005214.DOC /} - 2 - 6/15/20073:16 PM FJC could have ensued over the Town's indemnity obligations. With the Indemnity Agreement, the Town has effectively avoided all up-front costs whatsoever, and will only be obligated to pay reasonable defense costs if Sutton is both (1) fully exonerated and (2) determined to have been acting within the scope and in furtherance of his official duties as mayor. If Sutton is found guilty of or pleads guilty or not contest to any of the charges, the Town will have no indemnity obligation. If Sutton is fully exonerated but the evidence indicates that he was not acting within the scope and in furtherance of his official duties as mayor, the Town will have no indemnity ob- ligation. RECOMMENDATION Staff believed in 2005 and continues to believe that the Indemnity Agreement was and is the most cost-effective, appropriate and efficient approach to this difficult situation. Staff recom- mends that no further action be taken at this time, pending the outcome of the criminal case United States v. Bobby Sutton. A TT ACHMENT(S) 1. Marana Ordinance No. 96.13, originally adopting Town Code Section 2-10-2 (relevant por- tions only) (unchanged from its 1996 adoption until minor, non-substantive revisions were made with the November 15, 2005 Town Code re-codification) 2. December I, 2003 draft "Defense Cost Agreement" 3. Marana Resolution No. 2005-47, approving and authorizing the execution of the Indemnity Agreement 4. May 5, 2005 Indemnification Agreement 5. Current Marana Town Code Section 2-10-2 (substantively identical to the prior version, but the wording was simplified with the re-codification of the Town Code adopted on Novem- ber 15, 2005 by Marana Ordinance No. 2005.22) SUGGESTED MOTION Council's pleasure. {000052 14. DOC /} - 3 - 6/15/20073:16 PM FJC MARANA ORDINANCE NO. 96.13 .- AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ADOPTING THAT CERTAIN DOCUMENT ENTITLED "MARANA TOWN CODE, CHAPTER 2 MAYOR AND COUNCIL", AS TIIE SECOND CHAPTER OF TIIE OFFICIAL TOWN CODE, ADOPTING THE RULES AND REGULATIONS THEREIN AS CONTROLLING LAW OF THE TOWN OF MARANA, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, the Town of Marana wishes to establish and codify the laws of the town as a unified code to standardize and maintain accessible, readable, and understandable rules and procedures for the protection and security of its citizens; and WHEREAS, that document herein referred to as "MARANA TOWN CODE, CHAPTER 2 MA YOR AND COUNCIL" has been made a public record by the adoption of Resolution No. 96-20 on March 5, 1996 by the Mayor and Council of Marana; and WHEREAS, it has been determined that the adoption of that public record herein referred to as "MARANA TOWN CODE, CHAPTER 2 MAYOR AND COUNCIL" is in the best interests of the citizens of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana Ariwna, as follows: SECTION 1. That certain document entitled "MARANA TOWN CODE, CHAPTER 2 MAYOR AND COUNCIL", three copies of which are on file in the office of the town clerk of the Town of Marana, Ariwna, said document having been made a public record by Resolution No. 96-20 of the Town of Marana, Ariwna, is hereby referred to and made a part hereof as if fully set out in this ordinance and is hereby adopted as law, rules and procedures for the Town of Marana. 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 and portion of the Town Code. SECTION 3. All Marana ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. MaranA, Arizona Ordinance 96.13 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 5th day of March, 1996. ATTEST;";,?, .../ -'\ /;::r' I ;:.-./ j .- Manna, Arizona Ordinance 96.13 Page 2 of 2 II. L~- ? c;l ..'Cl'~O- e Mayor ED HONEA CHAPTER 2 MAYOR AND COUNCIL .................. 2-1 Article 2-1 COUNCIL ........................................................ 2-1 Section 2-1-1 Elected Officers ............................................. 2-1 Section 2-1-2 Corporate Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-1 Section 2-1-3 Duties of Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-1 Section 2-1-4 Vacancies in Council ......................................... 2-1 Section 2-1-5 Oath of Office ............................................... 2-1 Section 2-1-6 Bond ...................................................... 2-2 Section 2-1-7 Financial Disclosure Statement ................................. 2-2 Section 2-1-8 Compensation............................................... 2-2 Article 2-2 COUNCIL ELECTION ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-2 Section 2-2-1 Primary Election ............................................. 2-2 Section 2-2-2 Non-Political Ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-2 Section 2-2-3 General Election Nomination ................................... 2-2 Section 2-2-4 Election to Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-3 Section 2-2-5 Candidate Financial Disclosure ................................. 2-3 Section 2-2-6 Automatic Recount ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-3 Section 2-2-7 Eligibility For Office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-3 Article 2-3 MAYOR AND VICE MAYOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-3 Section 2-3-1 Selection of Mayor ........................................... 2-3 Section 2-3-2 Vice Mayor ................................................. 2-4 Section 2-3-3 Acting Mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-4 Section 2-3-4 Term of the Mayor and Vice Mayor; Removal ...................... 2-4 Section 2-3-5 Powers and Duties of the Mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 2-4 Section 2-3-6 Failure to Sign Documents ................. . . . . . . . . . . . . . . . . . . .. 2-5 Article 2-4 COUNCIL PROCEDURE ............................................ 2-5 Section 2-4-1 Section 2-4-2 Section 2-4-3 Section 2-4-4 Section 2-4-5 Section 2-4-6 Section 2-4-7 Section 2-4-8 Marana Town Code Regular and Special Council Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-5 Agenda Preparation and Distribution ............................. 2-6 Duties at Meetings ........................................... 2-7 Procedures for Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-7 Executive Sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-9 Public Hearing Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-9 Discussion and Voting Procedure .............................. 2-10 Motions to Reconsider ....................................... 2-12 rev. 3196 ..... Article 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS...................... 2-12 Section 2-5-1 Prior Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-12 Section 2-5-2 Introduction................................................ 2-12 Section 2-5-3 Reading of Proposed Ordinance ............................... 2-13 Section 2-5-4 Requirements for an Ordinance ................................ 2-13 Section 2-5-5 Effective Date of Ordinances .................................. 2-13 Section 2-5-6 Signatures Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-13 Section 2-5-7 Publishing Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-13 Section 2-5-8 Posting Required ........................................... 2-13 Article 2-6 STANDING BOARDS, COMMITTEES AND COMMiSSiONS............... 2-14 Section 2-6-1 Establishment.......................... - . . . . . . . . . . . . . . . . . .. 2-14 Section 2-6-2 Appointment; Vacancies; Terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-14 Article 2-7 SPECIAL COMMITTEES ........................................... 2-14 Section 2-7-1 Establishment.............................................. 2-14 Article 2-8 PLANNING AND ZONING COMMISSION .............................. 2-14 Section 2-8-1 General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. 2-14 Section 2-8-2 Organization..................... _ . . . . . . . . . . - . . . . . . . . . . . . .. 2-14 Section 2-8-3 Appointment; Vacances; Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-15 Section 2-8-4 Powers and Duties .......................................... 2-15 Article 2-9 BOARD OF ADJUSTMENTS ... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-16 Section 2-9-1 General Provisions .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-16 Section 2-9-2 Establishment.............................................. 2-16 Section 2-9-3 Quorum and Voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-16 Section 2-9-4 Powers and Duties .......................................... 2-16 Article 2-10 INDEMNIFICATION OF OFFICERS AND EMPLOyEES................ 2-17 Section 2-10-1 Persons Covered .......... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-17 Section 2-10-2 Indemnification and Protection of Town Officials. . . . . . . . . . . . . . .. 2-17 Section 2-10-3 Insurance Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-18 Section 2-10-4 Notice of Claims ......................................... 2-18 APPENDIX A .............................................................. 2-19 APPENDIX B . _ _ . . . . . . . . . . . . _ . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . .. 2-21 Marana Town Code iii ffN.3/96 Article 2-1 0 INDEMNIFICATION OF OFFICERS AND EMPLOYEES Section 2-10-1 Persons Covered All of the protections and benefits conferred by this article shall be enjoyed by any present or former mayor, vice mayor and each and all of the present or former members of the council, town officers, town magistrates, town employees, and all members of all town boards and commissions, subcommittees and advisory committees, which protected parties are hereinafter referred to individually as a "town officer" and collectively or jointly as "town officials~. Section 2-10-2 Indemnification and Protection of Town Officials A. Any town officer and all town officials shall be exonerated, indemnified and held harmless by the town from and against any liability or loss in any manner arising out of, or occasioned by, his or her service as a town officer or official and based upon any claim by any third-party that the town or such town officer or official, by any action or failure to act, damaged the property or infringed the rights of said third party, or of any other person on whose behalf said third-party brings a claim or legal action, provided such officer or official acted, or failed to act, in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interests of the town. 8. The right to indemnification provided for in subsection A of this section shall extend as well to any claim brought by, or on behalf of, the town to recover damages alleged to have been occasioned to it or any of its property, by any act or failure to act of any town officer or official, except that no indemnification or exoneration shall be made in respect of any claim, issue or matter as to which such town officer or official shall have been adjudged to be liable to the town unless and only to the extent that the court in rendering such judgment shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such officer or official is fairly and reasonably entitled to indemnity for such expenses as such court may deem proper. The court in which any such action or suit was brought may determine upon application that, in view of all of the circumstances of the case, indemnity for amounts paid in settlement is proper and may order indemnity for the amount so paid in settlement. C. In any case where indemnification is required under the provisions of subsections A or B of this section, the town treasurer shall pay, on behalf of such town officer or official, any money judgment and shall perform the onerous provisions of any court order which may be entered against him or her when such judgment or order has become final and no longer appealable, or has not been stayed pending appeal. D. In any case where any town officer or official is or may be entitled to be exonerated, indemnified and held harmless pursuant to the provisions of subsection A of this section, the town shall protect and defend such officer or official from and against any litigation commenced against him or her, by engaging and compensating competent legal counsel to conduct his or her defense, and by paying all court costs, and any fees of opposing legal counsel, taxed or imposed by the court having jurisdiction. E. In any case where any town officer or official is or may be entitled to be exonerated, indemnified and held harmless pursuant to the provisions of subsection B of this section, the town shall pay the expenses, including attorneys' fees and the cost of a bond or other security pending appeal, incurred in defending the civil action, suit or proceeding by such officer or official in advance of the final disposition of such action, suit or proceeding upon receipt of an Malana Town Code 2-17 rev. 3196 undertaking by or on behalf of such town officer or official to repay such amount if it is ultimately determined that he or she is not entitled to be indemnified by the town as authorized in subsection 8 of this section. F. The coverage afforded by this section shall not apply in any case where indemnification is not permissible pursuant to any state statute or any determination that such indemnification would be contrary to public policy. Section 2-10-3 Insurance Coverage The town shall at all times procure insurance policies providing the maximum coverage and limits procurable at reasonable rates to protect its interests and to indemnify and protect all town officials and any town officer entitled to indemnification and protection pursuant to this article. Acceptance of coverage and undertaking of protection by any such insurance carrier shall be deemed to satisfy the requirements of this article on the part of the town. However, in any case or instance where an insurance carrier does not in fact accept coverage and defend any town officer or officials, or where the insurance policy limits are insufficient to cover any judgment entered against any town officer or officials, the town shall be bound by the provisions of this article to protect and indemnify pursuant to the provisions of section 2-10-2. Section 2-10-4 Notice of Claims It shall be a precondition to the assertion of any claim for protection and indemnity under this article that any town officer or officials, after having been served with process commencing litigation against him, her or them, or after having received written notice of a possible claim alleged to be covered under the provisions of subsections A or 8 of section 2-10-2, shall promptly give notice of the pendency of such action, or the presentation of any such claim, to the town clerk, who shall in turn present such actual or potential claim to the council, together with such town officer's or official's request for indemnity and protection hereunder. It shall further be a precondition to coverage hereunder that a town officer or official claiming the protection and benefits conferred by this article shall at all times, and in every way, cooperate fully with legal counsel appointed by the town to defend against any threatened or pending litigation under the provisions of subsection 0 of section 2-10-2. ....-'""'- Marana Town Code 2-18 rev. 3196 DEFENSE COST AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town") and BOBBY SUTTON, JR., the Town's Mayor (the "Mayor"). The Town and the Mayor are sometimes collectively referred to as the "Parties," who are sometimes individually referred to as the "Party." RECITALS A. The Mayor is the subject of an investigation of an alleged Hobbs Act ation ifl.con- nection with meetings and discussions involving Waste Management, Inc. (th "WM}..1iltter"). B. The Mayor participated in the meetings and discussions that arl:lt . t of the WM Matter in the scope of his position as Mayor of the Town of Marana. C. The Town desires to reimburse the Mayor for anYillJ.' r8<lsts attorneys' fees in- curred in successfully defending himself against the allegations ongful conduct that are the subject of the WM Matter, provided they are ultimatelYl!ot substa ted by a conviction or plea of guilty or no contest. D. The Town finds that failure or refusal to pay theC:Q~ts and attorneys' fees of a Town officer who ultimately succeeds in defendinghitp.self against allegations of wrongful conduct in the scope of his office could substantially ~nd a9Y~rsely affect the Town of Marana by dissuad- ing qualified individuals from seekinggrretaining political office. AGREEMENT Now, THEREFORE, in consider(lti6i~fQf the foregoing premises and the mutual covenants set forth in this Agreement, the Partidl1ereBy>agtee as follows: 1. Payment of defens sts and attorneys 'fees. The Town will pay all costs and attorneys fees incurred by the Mayor connection with the investigation and prosecution, if any, of the WM Matter. con~'ction or guilty plea. The Mayor shall reimburse the Town all sums paid bove~ithin thirty days after one of the following: (A) The Mayg~~s entry of a plea of guilty or no contest to any criminal charge arising out WM MatteI'. ( 'nality (including any appeals) of a conviction of any criminal charge arising out of the WM atter. 3. Termination of Town payment. The Town may terminate its obligation to pay any future defense costs and attorneys' fees by giving thirty days' written notice to the Mayor. 4. Town Authorization to withhold payment. The Mayor hereby authorizes the Town to with- hold and apply to the Mayor's financial obligations to the Town under this agreement any pay- TOWN OF MARANA IBOBBY SUTTON, JR. - 1 - DEFENSE COST AGREEMENT 12/1/20031:51 PM ment owed by the Town to the Mayor, including without limitation any wages, accrued vacation or severance payment obligations. 5. Remedies. The Town may pursue any available legal or equitable remedies to secure per- formance of the Mayor's reimbursement obligations under this Agreement. 6. Amendment. This Agreement shall not be modified except by written agreement executed by the Parties. 7. Conflict of Interest. This Agreement is subject to A.R.S. S 38-511, which prqvil1es for can- cellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the l~.date set forth below their respective signatures, which shall be the effective date of this/Agreement. THE TOWN: THE MAYOR: THE TOWN OF MARANA, an Arizona munici- pal corporation By: Herb Kai, Vice Mayor Bobby Sutton, Jr. Date: ATTEST: Jocelyn C. Bronson, Clerk ApPROVED AS TO FORM: Frank Cassiqy~]9wn A~omey STATE OF ARIZONA ) instrument was acknowledged before me on , Jr. , 2003 by My commission expires: Notary Public - 2- DEFENSE COST AGREEMENT 12/1/2003 1:51 PM TOWN OF MARANA IBOBBY SurrON, JR. MARANA RESOLUTION NO. 2005-47 RELATING TO MAYOR AND COUNCIL; APPROVING AND AUTHORIZING THE VICE MAYOR TO EXECUTE AN INDEMNIFICA nON AGREEMENT WITH MAYOR BOBBY SUTTON, PROVIDING FOR PAYMENT OF ATTORNEYS' FEES AND COSTS ARISING OUT OF UNITED STATES DISTRICT COURT, DISTRICT OF ARIZONA, CASE NUMBER CR05 0826 TUC, SUBJECT TO CERTAIN CONDITIONS, AND DECLARING AN EMER- GENCY WHEREAS, Mayor Bobby Sutton has been indicted in United States District Court, District of Arizona, case number CR05 0826 TUC, arising out of alleged criminal conduct in connection with meetings and discussions involving overweight hauling by Waste Management, Inc.; and WHEREAS, the Town finds that failure or refusal to pay the costs and attorneys' fees of a Town officer who ultimately succeeds in defending himself against allegations of wrongful conduct in the scope of his office could substantially and adversely affect the Town of Marana by dissuad- ing qualified individuals from seeking or retaining political office; and WHEREAS, Town Code Section 2-10-2 requires the Town to exonerate, indemnify and hold harmless any Town officer or official from and against any liability or loss arising out of or occasioned by his or her service as a Town officer. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF MARANA, that the indemnification agreement between the Town of Maran a and Bobby Sutton, Jr., attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, the Vice Mayor is hereby authorized to execute it for and on behalf of the Town of Marana, and the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out its terms. IT IS FURTHER RESOLVED that it is necessary for the preservation ofthe peace, health, and safety ofthe Town of Maran a that this resolution become immediately effective; therefore, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its pas- sage and adoption. {00000700.DOC I} 4126120056:31 PM FJC.'cds PASSED, ADOPTED, and APPROVED by the Town Council ofthe Town of Maran a, Ari- zona, this 26th day of April, 2005. ATTEST: {00000700.DOC I} - ,ZMg ~~-' ~ice Mayor Herb Kai APPROV5P AS TO FORM: . d' ~/, ,/ ~\'~OF ~""'~ ~.~~~ s~ a :: 0 <;oRPOf!ATE ~ =~ oao = - au...... - ~D~;: ~ if ~~~IZ 1iC' ~/II'ill\\\~ 4126120056:31 PM FJC:eds INDEMNIFICATION AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town") and BOBBY SUTION, JR., the Town's Mayor (the "Mayor"). The Town and the Mayor are sometimes collectively referred to as the "Parties," either of which is sometimes individually referred to as the "Party." RECITALS A. The Mayor has been indicted in United States District Court, District of Arizona, case number CR05 0826 TUC, arising out of alleged criminal conduct in connection with meetings and discussions involving overweight hauling by Waste Management, Inc. (the "WM Matter"). B. The Mayor represents to the Town that he participated in the meetings and discussions that are the subject of the WM Matter in the scope of his position as Mayor of the Town of Ma- rana. C. The Town desires to reimburse the Mayor for any and all costs and attorneys' fees in- curred in successfully defending himself against the allegations of wrongful conduct that are the subject of the WM Matter, provided they are ultimately not substantiated by a conviction or plea of guilty or no contest, and provided that his participation in the WM Matter was in fact in the scope of his position as Mayor ofthe Town of Mar ana. D. The Town finds that failure or refusal to pay the costs and attorneys' fees of a Town officer who ultimately succeeds in defending himself against allegations of wrongful conduct in the scope of his office could substantially and adversely affect the Town of Marana by dissuad- ing qualified individuals from seeking or retaining political office. E. Town Code Section 2-10-2 requires the Town to exonerate, indemnify and hold harm- less any Town officer or official from and against any liability or loss arising out of or occa- sioned by his or her service as a Town officer. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Payment of reasonable defense costs and attorneys' fees. The Town will pay all reason- able costs and attorneys fees incurred by the Mayor in connection with the prosecution of the WM Matter, as follows: (A) Upon dismissal or acquittal of the Mayor in the WM Matter, the Mayor shall submit to the Town an itemized statement of costs and fees actually incurred by the Mayor in the WM Matter. (B) Within fifteen days after receiving the itemized statement, the Town may request any additional information it reasonably requires to determine that the actions and participation {00000693.DOC /} TOWN OF MARANA IBOBBY SUITON, JR. - 1 - INDEMNIFICATION AGREEMENT 4/26/2005 6:32 PM by the Mayor in the WM Matter were undertaken in good faith and arose out of or was occa- sioned by his service as mayor. (C) Within thirty days after receiving the itemized statement and determining that the ac- tions and participation by the Mayor in the WM Matter were undertaken in good faith and arose out of or was occasioned by his service as mayor, the Town shall pay to the order of the Mayor all reasonable costs and attorneys fees incurred by the Mayor in connection with the prosecution of the WM Matter. 2. Amendment. This Agreement shall not be modified except by written agreement executed by the Parties. 3. Conflict of Interest. This Agreement is subject to A.R.S. S 38-511, which provides for can- cellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures, which shall be the effective date of this Agreement. THE TOWN: THE MAYOR: Tbe foregoing instrument was acknowledged before me ~ ,., : . 5 , 2005 by Bobby Sutton, Jr. L& on '~ D My cornmission expires: !:t.fl::1l1A ~~b - .!otary Public -- . OFFICIAL SEAL {00000693.DOC/} . .':-INBARSARA P8l0WETZ TOWNOFMARANA/BOBBYSUTfON,JR.. OTARY PUBLIC-ARIZONA ~. E'2~A COUNTY I Y Coml'1. Exp A~g. 16, 20071 THE TOWN OF MARAN A, an Arizona municipal corporation BY~//Z~~ . Herb Kai, Vice Mayor Date: ?--.<6-t!J5 TATE OF ARIZONA County of Pima ~ C7 ,r- ~-o .ySutton,Jr. Date: ~ .s-:- /YS- ~\\'1nr'",~ '~OF~~ ~~ ~ !S~! ~ SEAL S ~ ~ ~~~12 '\~, ~1111.in'\\~ INDEMNIFICATION AGREEMENT 4/26/2005 6:32 PM OFFICIAL CODE OF THE TOWN OF MARANA, ARIZONA This is the official codification of the ordinances of the town of Marana (excluding the ordinances codified in the land de- velopm"ent code and the various codes incorporated by ref- erence into the town code), reformatted and updated by Or- dinance No. 2005.22, with revisions through Ordinance No. 2007.15, adopted and effective on June 5, 2007. {OOO01471.DOC/12} MARANA TOWN CODE TITLE 1. GENERAL TITLE 2. MAYOR AND COUNCIL TITLE 3. ADMINISTRATION TITLE 4. POLICE DEPARTMENT TITLE 5. MUNICIPAL COURT TITLE 6. ANIMAL CONTROL TITLE 7. BUILDING TITLE 8. TRANSACTION PRIVILEGE TAX TITLE 9. BUSINESS REGULATIONS TITLE 10. HEALTH AND SANITATION TITLE 11. OFFENSES TITLE 12. TRAFFIC TITLE 13. PARKS & RECREATION TITLE 14. WATER TITLE 15. MARANA REGIONAL AIRPORT TITLE 16. UTILITIES BOARD APPENDIX. TABLE OF REVISIONS {OOO01471.DOC/12} _ T oc148430775CHAPTER 2-1 ... .... .......... .... .... .... .... .... .... ...... .... ..... .... .... ........ ........ .... .... ... COUNCIL 1 CHAPTER 2-2 COU NCI L E LE CTIO N ............................................................................................. 2 CHAPTER 2-3 MAYOR AND VICE MAYOR .................................................................................. 5 CHAPTER 2-4 COU NCI L PROCEDU RE .................................. ...................................................... 6 CHAPTER 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS .........................................14 SPECIAL AND STANDING BOARDS, COMMISSIONS AND COMMITTEES ...15 CHAPTER 2-6 CHAPTER 2-8 [RESE RVED] ............................. ............................................................ ............... 17 [RESERVE D] ........................................................................................................ 17 [RESERVE D] ........................................................................................................ 17 INDEMNIFICATION OF OFFICERS AND EMPLOYEES .................................... 17 CHAPTER 2-7 CHAPTER 2-9 CHAPTER 2-10 {OOO01471.DOC/12} TITLE 2. MAYOR AND COUNCIL Chapter 2-1 COUNCIL Section 2-1-1 Elected officers The elected officers of the town shall be a mayor and six council mem- bers. The mayor and council members shall constitute the council and shall continue in office until assumption of duties of office by their duly elected successors. The mayor and council members shall serve four- year overlapping terms. Section 2-1-2 Corporate powers The corporate powers of the town shall be vested in the council and shall be exercised only as directed or authorized by law. All powers of the council shall be exercised by ordinance, resolution, order or mo- tion. Section 2-1-3 Duties of office Members of the council shall assume the duties of office immediately upon being sworn in, which shall occur within 20 days following the date of the general election. Section 2-1-4 Vacancies A. The council shall fill by appointment for the unexpired term any va- cancy on the council that may occur for whatever reason, by the fol- lowing procedure: 1. Whenever a vacancy on the town council occurs, the town clerk shall advertise, post, and give public notice of the vacancy and availability of a seat on the town council. 2. Those interested in filling the vacancy shall submit to the town clerk an application, resume, and other support materials as de- sired, and the town clerk shall distribute all the materials to all remaining council members. 3. Thereafter, the council will fill the vacant seat by a majority vote. The vote will not be by nomination and election, rather it will be conducted by making a motion to appoint a certain individual to the vacant council seat to fulfill the remaining term, and if the motion fails for lack of a second or majority vote there may thereafter be a subsequent motion for a different or the same in- dividual. The council may continue making motions until a motion to appoint an applicant to the vacant seat is successfully passed by a majority of the council. B. If there is a vacancy in the mayor's position, the council shall elect one council member willing to serve as mayor, who shall resign his or her council seat and become the mayor as provided below. 1. If the vacancy in the mayor's position occurs more than 18 months following the commencement of the terms, the ap- pointed mayor shall complete the elected mayor's term. 2. If the vacancy in the mayor's position occurs within 18 months following the commencement of the term, then the town shall schedule a special election for mayor to occur at the next pri- MARANA TOWN CODE {OOO01471.DOC/12} 2-1 Title 2 was adopted by Ordinance No. 96.13 Section 2-1-1 was amended by Or- dinance No. 99.11, providing for direct election of the mayor. Section 2-1-3 was amended by Ordi- nance No. 99.11. Section 2-1-4 was amended by Ordinance No. 99.11 Ordinance No 99.32 deleted former paragraph 3, which provided for inter- views of council candidates at a public meeting, renumbered former paragraph 4 as paragraph 3, and replaced the words '~t the same council meeting or any council meeting thereafter" with "Thereaf- ter" at the beginning of paragraph 3 6/5/2007 Section 2-6-4 Modification by motion or resolution The town council may by motion or resolution modify any of the proce- dures set forth in this chapter where it deems appropriate for a particu- lar vacancy, board, commission or committee. Section 2-6-5 Applicability of this chapter Except as they may later be modified by motion or resolution pursuant to section 2-6-4, the procedures set forth in this chapter shall apply to all new or existing boards, commissions and committees. Chapter 2-7 [RESERVED] Chapter 2-8 [RESERVED] Chapter 2-9 [RESERVED] Chapter 2-10 INDEMNIFICATION OF OFFICERS AND EMPLOYEES Section 2-10-1 Persons covered All of the protections and benefits conferred by this chapter shall be enjoyed by any present or former mayor and each and all of the pre- sent or former members of the council, town officers, town magistrates, town employees, and all members of all town boards, committees, subcommittees, advisory committees and commissions which pro- tected parties are referred to individually as a "town officer" and collec- tively or jointly as "town officials." Section 2-10-2 Indemnification and protection of town officials A. Any town officer and all town officials shall be exonerated, indemni- fied and held harmless by the town from and against any liability or loss in any manner arising out of, or occasioned by, his or her ser- vice as a town officer or official and based upon any claim by any third party that the town or any town officer or official, by any action or failure to act, damaged the property or infringed the rights of that third party, or of any other person on whose behalf that third party brings a claim or legal action, provided the officer or official acted, or failed to act, in good faith and in a manner he or she reasonably believed to be in, or not opposed to, the best interests of the town. B. The right to indemnification provided for in subsection A of this sec- tion shall extend as well to any claim brought by, or on behalf of, the town to recover damages alleged to have been occasioned to it or any of its property, by any act or failure to act of any town officer or official, except that no indemnification or exoneration shall be made in respect of any claim, issue or matter as to which the town officer or official shall have been adjudged to be liable to the town unless and only to the extent that the court in rendering judgment deter- mines upon application that, despite the adjudication of liability but in view of all circumstances of the case, the officer or official is fairly and reasonably entitled to indemnity for those expenses as the court may deem proper. The court in which any such action or suit was brought may determine upon application that, in view of all of the circumstances of the case, indemnity for amounts paid in set- MARANA TOWN CODE {OOO01471.DOC/12} 2-17 Section 2-6-4 was added by Ordinance No. 2006.25 Section 2-6-5 was added by Ordinance No. 2006.25 Ordinance No. 2006.25 deleted chapter 2-7 ("special committees') Ordinance No. 2006.25 deleted chapter 2-8 ("planning and zoning commission') Ordinance No. 2006.25 deleted chapter 2-9 ("board of adjustment') Section 2-10-1 was rewritten by Ordinance No. 99.32 6/5/2007 tlement is proper and may order indemnity for the amount so paid in settlement. C. In any case where indemnification is required under the provisions of subsections A or B of this section, the town treasurer shall pay, on behalf of the town officer or official, any money judgment and shall perform the onerous provisions of any court order which may be entered against him or her when the judgment or order has be- come final and no longer appealable, or has not been stayed pend- ing appeal. D. I n any case where any town officer or official is or may be entitled to be exonerated, indemnified and held harmless pursuant to the pro- visions of subsection A of this section, the town shall protect and defend the officer or official from and against any litigation com- menced against him or her, by engaging and compensating compe- tent legal counsel to conduct his or her defense, and by paying all court costs and any fees of opposing legal counsel taxed or im- posed by the court having jurisdiction. E. In any case where any town officer or official is or may be entitled to be exonerated, indemnified and held harmless pursuant to the pro- visions of subsection B of this section, the town shall pay the ex- penses, including attorneys' fees and the cost of a bond or other security pending appeal, incurred in defending the civil action, suit or proceeding by the officer or official in advance of the final dispo- sition of the action, suit or proceeding upon receipt of an undertak- ing by or on behalf of the town officer or official to repay that amount if it is ultimately determined that he or she is not entitled to be indemnified by the town as authorized in subsection B of this section. F. The coverage afforded by this section shall not apply in any case where indemnification is not permissible pursuant to any state stat- ute or any determination that the indemnification would be contrary to public policy. Section 2-10-3 Insurance coverage The town shall at all times procure insurance policies providing the maximum coverage and limits procurable at reasonable rates to pro- tect its interests and to indemnify and protect all town officials and any town officer entitled to indemnification and protection pursuant to this chapter. Acceptance of coverage and undertaking of protection by any insurance carrier shall be deemed to satisfy the requirements of this chapter on the part of the town. however, in any case or instance where an insurance carrier does not in fact accept coverage and de- fend any town officer or officials, or where the insurance policy limits are insufficient to cover any judgment entered against any town officer or officials, the town shall be bound by the provisions of this chapter to protect and indemnify pursuant to the provisions of section 2-10-2. Section 2-10-4 Notice of claims It shall be a precondition to the assertion of any claim for protection and indemnity under this chapter that any town officer or officials, after having been served with process commencing litigation against him, her or them, or after having received written notice of a possible claim MARANA TOWN CODE {OOO01471.DOC/12} 2-18 Ordinance No. 99.32 amended section 2-10-4 by deleting "together with such Town officer's or official's request for indemnity and protection hereunder" from the end of the first sentence. The wording of this section was simplified by Ordinance No. 2005.22. 6/5/2007 alleged to be covered under the provisions of section 2-10-2.A or 8, shall promptly give notice to the town clerk that the action is pending or that a claim has been presented. The town clerk shall in turn present the action or claim to the council. It shall further be a precondition to coverage under this chapter 2-10 that a town officer or official claiming the protection and benefits conferred by this chapter shall at all times, and in every way, cooperate fully with legal counsel appointed by the town to defend against any threatened or pending litigation under the provisions of section 2-10-2.D. MARANA TOWN CODE {OOO01471.DOC/12} 2-19 6/5/2007 APPENDIX. TABLE OF REVISIONS This appendix was added for administrative tracking purposes on February 17, 2006 ORDINANCE ADOPTED EFFECTIVE DESCRIPTION 2006.01 2-17-2006 2-17 -2006 Added chapter 9-11 (methamohetamine ordinance) February 17, 2006 scrivener's correction renumbered sections 15-1-8 and 15-1-9 under the authoritv of Ordinance No. 2005.22 2006.04 3-7 -2006 4-7 -2006 Added chapter 10-6 (smoking ordinance); moved former chap- ter 10-6 to chapter 10-7 2006.08 4-4-2006 4-4-2006 Revised section 5-6-1 (municioal court fees) 2006.14 6-6-2006 6-6-2006 Revised chapters 3-1 and 3-2 (adding and revising various town officer positions) 2006.15 6-6-2006 7-7-2006 Revised section 5-2-3 (hearing officers) and added chapter 5-7 (civil town code violation enforcement) 2006.16 6-6-2006 7-7-2006 Buildino codes update ordinance (various title 7 revisions) 2006.21 7-11-2006 7 -11-2006 Amended the animal code by revising sections 6-1-2 and 6-8-2 and replacino chapters 6-2 and 6-3 2006.25 9-5-2006 9-5-2006 Amended chapter 2-6 (special and standing boards, commis- sions and committees) by revising section 2-6-1 and replacing section 2-6-2 with new sections 2-6-2 through 2-6-5 and deleted chapter 2-7 (special committees), chapter 2-8 (planning and zon- ing commission) and chapter 2-9 (board of adiustment) 2006.31 11-7-2006 12-7-2006 Amended title 12 (traffic) by revising section 12-2-11 (speed lim- its) to remove specific roadway segments from the town code and replace them with a separate speed limit map and table, re- writing chapter 12-3 (parking) to prohibit parking within right-of- way to display vehicles or goods for sale and to align town and state parking regulations, and revising and moving the various penalty provisions so that they appear within the chapter to which they applv 2006.33 12-5-2006 1-5-2007 Amended section 7-1-2 to adopt by reference new (in most cases the 2006) versions of various national codes, with local amendments 2007.04 3-6-2007 5-1-2007 Deleted chapter 10-6 and section 10-7-5 (smokino ordinance) 2007.05 3-20-2007 3-20-2007 Added section 4-1-8 (public safety employee organization meet and confer) 2007.11 5-1-2007 7-1-2007 Added chapter 5-8 (home detention ordinance) 2007.12 5-1-2007 7-1-2007 Added section 5-6-2 (probation monitorino fees) 2007.13 5-1-2007 6-1-2007 Amended various animal code fees and penalties in sec- tions 6-2-8, 6-2-9, 6-2-12 and 6-5-2 2007.14 6-5-2007 6-5-2007 Added dog waste removal time limit in section 6-3-5(B) 2007.15 6-5-2007 6-5-2007 Revised park firearm regulations in section 13-1-3 and penalties in section 13-1-4 MARANA TOWN CODE {OOO01471.DOC/12} AP-1 6/5/2007 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 26, 2007 AGENDA ITEM: M.I TO: MAYOR AND COUNCIL FROM: James DeGrood, Assistant Town Manager SUBJECT: Executive Session: Relating to property acquisition; requesting direction and bidding instructions from the Mayor and Council for the Arizona State Land Department auction of approximately 90.71 acres ofland adjacent to the Marana Regional Airport and including portions of the runway safety zone DISCUSSION In 2001, the Town of Marana applied to the Arizona State Land Department for the purchase of approximately 90.71 acres of land adjacent to Marana Regional Airport. The purpose of this acquisition is to secure land lying within the runway safety zone for runway 12 - 30 as well as land identified in the airport master plan for a future terminal and other airport facilities. The acquisition cost of the property is eligible for reimbursement with Federal and State funds. The Arizona State Land Department has appraised the property, and valued the property at $1,300,000. The Town has been informed the property will be auctioned on August 9, 2007. Staff requests direction and bidding instructions from the Mayor and Council in Executive Session. A TT ACHMENTS Notice of Auction. RECOMMENDATION None required. SUGGESTED MOTION I move to direct staff to take action as discussed in Executive Session. JRD/06/19/2007/4:29 PM Janet Napolitano Governor AJrRzC{)}na State Land DepaJrtm.ent Mark Winkleman State Land Commissioner 177 North Church, Suite 1100 Tucson, AZ 85701 www.land.state.az.us May 25, 2007 Certified No. 70033110000285754783 Town of Marana Mr. Michael Reuwsaat Town Manager 11555 West Civic Center Drive Marana, Arizona 85653-7007 RE: Public Auction Sale No. 53-109227 Dear Mr. Reuwsaat: Enclosed is a copy of the sales notice which will be advertised for ten consecutive weeks in both the Arizona Capitol Times and the Daily Territorial. See the enclosed Sales Notice for full particulars regarding the auction. You or an authorized representative must be present to bid. If you choose to send an authorized representative, he/she must present a notarized statement to the auctioneer authorizing himlher to bid in your absence. Sincerely, ~~ HoJU! Christie Hall Administrative Assistant Southern Arizona Real Estate Office Phone (520) 209-4250 Fax (520) 209-4251 Enclosure cc: Charles Mangum, Marana Airport Manager "Serving Arizona's Schools and Public Institutions Since 1915" ARIZONA STATE LAND DEPARTMENT 177 NORTH CHURCH, SUITE 1100 TUCSON, ARIZONA 85701 PUBLIC AUCTION SALE NO. 53-109227 Pursuant to A.R.s. Title 37, notice is hereby given that the state of Arizona through its Arizona State Land Department (herein called ASLD), will sell at Public Auction to the highest and best bidder at 10:00 a.m. on Thursday, August 9, 2007, at 177 North Church, Suite 105, Tucson, Arizona, trust lands situated in Pima County to wit: TOWNSHIP 12 SOUTH, RANGE 11 EAST, GSRB&M, PIMA COUNTY, ARIZONA PARCEL: M&B IN SESW; SWSWSWSE OF SECTION 3, CONTAINING 19.79 ACRES, MORE OR LESS. PARCEL: M&B IN E2E2SW; SE OF SECTION 10, CONTAINING 70.92 ACRES, MORE OR LESS. LOCATION: EAST OF SANDERS ROAD, NORTH SIDE OF A VRA VALLEY BENEFICIARY: PERMANENT COMMON SCHOOLS (INDEMNITY SELECTIONS) For a complete legal description of the land, prospective bidders are advised to examine the purchase application file as well as all pertinent files of ASLD. The land has been appraised at $1,300,000.00 and consists of 90.71 acres, more or less. There are no reimbursable improvements. The above described lands are sold subject to existing reservations, easements, orrights of way. The ASLD does not represent or warrant that access exists over lands which may intervene respectively between the above parcells and the nearest public roadway. The complete file associated with the described land is open to public inspection at the ASLD, 177 North Church, Suite 1100, Tucson, AZ, from 8:30 a.m. to 4:30 p.m., exclusive of holidays and weekends. Please direct any questions regarding this Public Auction sale to the Southern Arizona Real Estate Office of ASLD at (520) 209-4250. This auction notice is available on the ASLD's web site at www.land.state.az.us. Pursuant to the provisions of A.R.S. ~37-231, the state of Arizona or its predecessor in title reserve and retain all rights and all forms of access to all oil, gas, minerals, hydrocarbon substances and gaseous substances or any other material which is essential to the production of fissionable materials as provided by the rules and regulations of ASLD and the laws of Arizona. Each potential bidder must show ASLD's representative a cashier's check made payable to the Arizona State Land Department in the amount specified under Terms of Sale Paragraph (A) below. TERMS OF SALE: (A) At the time of sale the successful bidder must pay the follov.ring by a cashier's check: (1) 10% of the appraised value of the land, which is $130,000.00; (2) a Selling and Administrative Fee of 3% of the appraised value of the lands, which is $39,000.00; (3) Reimbursable Estimated Advertising Fee which is $2,500.00; (4) Reimbursable Appraisal Fee which is $3,850.00; (5) Reimbursable Expenses of $3,000.00; (6) Patent Fee of $100.00. The total amount due at the time of sale is $178,450.00 (less $9,350.00 if the successful bidder is the applicant for a total amount due of$169,100.00). (D) Within 30 days after the auction date the successful bidder must pay the full balance of the amount bid for the land and pay a Selling and Administrative Fee of 3% of the purchase price, less the amount paid under (A)(2) above. If the purchase price exceeds $5 million, the Selling and Administrative Fee will be the greater of $150,000.00 or 2.5% of the purchase price, less the amount paid under (A)(2) above. If the purchase price exceeds $10 million, the Selling and Administrative Fee will be the greater of $250,000.00 or 2.0% of the purchase price, less the amount paid under (A)(2) above. (C) No Selling and Administrative Fee shall be collected by ASLD if the successful bidder at auction is the beneficiary of the land trust. (D) Within 30 days after the auction date the successful bidder shan be required to pay the actual legal advertising cost, less the amount paid under (A)(3) above. BIDDING INFORMATION: (A) The time of sale shall be deemed to be the time of declaration of the highest and best bidder. The bidding will begin at the total appraised value of $1,300,000.00. A bid for less than the appraised value of the land or by a party who has not inspected the land andlor the associated fi les and records of ASLD will not be considered. Additional bidding increments shall be a minimum of$1O,OOO.OO thereafter. Bidding will be conducted orally. (B) All Bidders must sign an affidavit stating that they have undertaken due diligence in preparation for the auction. It is the bidder's responsibility to research the records of local jurisdictions and public agencies regarding this property. (C) Pursuant to A.R.S. S37~240.B, the successful bidder must be authorized to transact business in the state of Arizona within three (3) business days of the auction. The successful bidder must sign an affidavit stating it is the successful bidder and sign a Certification Statement pursuant to AR.S. Title 37 and the Rules of ASLD. (D) If the successful bidder fails to complete the payment as stated in the auction notice together with the additional required fees within 30 days from the auction date, all amounts paid at the time of auction by the successful bidder will be forfeited. (E) In the event of forfeiture, the ASLD Commissioner may declare that the bid placed before the final bid accepted is the highest bid, and that the bidder has five (5) days after notification by ASLD to pay by cashier's check all amounts due. GENERAL INFORMATION: The ASLD may cancel this auction in whole or in part at any time prior to the acceptance of a final bid. A protest to this sale must be filed within 30 days after the first day of publication of this announcement and in accordance with AR.S. 937-301. Persons with a disability may request a reasonable accommodation such as a sign language interpreter, by contacting the ADA Coordinator, at (602) 542-4634. Requests should be made as early as possible to allow time to arrange the accommodation. r'r. . (:itn0LftG\ Vs ~, ~L~ Sandra B. Kelley \J (for) Mark Winkleman State Land Commissioner 5l~3jQ~) Date I ~._. i o SUBJECT Disclaimer: This map is designed for general overview purposes only. Unless otherwise stated all depictions are approximate. Prospective bidders should review all information in ASLD's records relating to the property and seek technical or legal advice as needed to assure the understanding of all legal descriptions, plat maps, surveys, and other documents relevant to the property. Contact ASLD, Southern Arizona Real Estate Office at (520) 209-4250 for additional information. TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 26, 2007 AGENDA ITEM: M.2 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Executive Session pursuant to A.R.S. ~38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights issues and to consult with and instruct the Town Attorney and the Town Manager concerning the 1979 intergovernmental agreement between the Town of Marana and Pima County relating to sewer service within the Marana town limits and to direct the Town Manager and Town Attorney with respect to that agreement DISCUSSION To be provided in executive session. RECOMMENDATION None required. SUGGESTED MOTION I move to go into executive session as requested by the Town Attorney. Executive session re water