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Home My WebLink AboutOrdinance 2025.006 Amending Town Code Chapter 2 20250860398 SCRIVE 03/27/2025 12:23:30 PM Page: 1 of 7 Gabriella Cazares-Kelly Recorder OFFICIAL RECORDS OF PIMA COUNTY, ,AyZ .1!Di d11IJ IWIr',+,lift,Pik,li�hli�lhri?,IL'TJR4�NI1IN�I-!1'i4': 4'Ik+Ilkr:'i iIIII MARANA ;• Z ESTABL ISHE 77 NOTICE OF SCRIVENER'S ERROR The Town of Marana is recording a SCRIVENER'S ERROR for Ordinance No. 2025.006. The Ordinance was originally recorded on 03/21/2025 at Sequence No. 20250800135 in the Pima County Recorder's Office. However, Resolution No. 2025-024 was inadvertently omitted from the Ordinance. This Scrivener's Error correction reflects the addition of Resolution No. 2025-024 to the ordinance. Dated: March 24, 2025 David Udall Marana Town Clerk/Assistant Town Attorney NOTARIAL ACKNOWLEDGMENT State of Arizona County of Pima This instrument was acknowledged before me on the 24th day of March 2025, by David Udall. N TARY PUBLIC Nolette Hernandez 5 Pima 0ou Publ ic ' J' My Comm.Expires 0411-27 Commission No.650390 20250800135 ORDIN 03/21/2025 10:28:05 AM Page: 1 of 2 Gabriella Cazares—Kelly Recorder OFFICIAL RECORDS OF PIMA COUNTY, AZ Sill O'MA RA Pi?ha MN gIi+i glibiii 1411V11 II1 MARANA ORDINANCE NO. 2025.006 RELATING TO MAYOR AND COUNCIL; AMENDING MARANA TOWN CODE TITLE 2(MAYOR AND COUNCIL), AMENDING CHAPTER 2-1 (COUNCIL)SECTION 2-1-4 (VACANCIES) TO PROVIDE FOR THE FILLING OF COUNCIL VACANCIES CONSISTENT WITH ARIZONA STATE LAW; AMENDING CHAPTER 2-2 (COUNCIL ELECTIONS) SECTION 2-2-8 (AUTOMATIC RECOUNT) TO CLARIFY WHEN AN AUTOMATIC RECOUNT IS REQUIRED UNDER STATE LAW; AMENDING CHAPTER 2-3 (MAYOR AND VICE MAYOR) SECTION 2-3-1 (VICE MAYOR) TO ADD A PROVISION FOR APPOINTMENT OF A VICE MAYOR WHEN THE SEAT IS VACANT; AND DESIGNATING AN EFFECTIVE DATE WHEREAS Arizona Revised Statutes (A.R.S.) § 9-235 dictates the procedures that a general law (non-charter) municipality such as the Town of Marana must use to fill a vacancy on the Town Council; and WHEREAS A.R.S. § 16-661(A) dictates that an automatic recount of a vote is required when the canvass of returns in a primary or general election "shows that the margin between the two candidates receiving the greatest number of votes for a particular office . . . is less than or equal to one-half of one percent of the number of votes cast for both such candidates . . ."; and WHEREAS Marana Town Code Title 2 (Mayor and Council) includes various provisions related to the Town Council, including the filling of Council vacancies and Council elections and this ordinance will bring the Town Code provisions into conformance with state law; and WHEREAS the Town Council finds this ordinance to be in the best interests of the Town and its citizens. NOW,THEREFORE,BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. The revisions to Title 2 (Mayor and Council), amending Chapter 2-1 (Council) Section 2-1-4 (Vacancies) to provide for the filling of Council vacancies consistent with Arizona state law; amending chapter 2-2 (Council Elections) Section 2-2- 8 (Automatic recount) to clarify when an automatic recount is required under state law; amending Chapter 2-3 (Mayor and Vice Mayor) Section 2-3-1 (Vice mayor) to add a provision for appointment of a vice mayor when the seat is vacant, one paper copy and one electronic copy of which are on file in the office of the Town Clerk, which were made a public record by and attached as Exhibit A to Resolution No. 2025-024 of the Town of Ordinance No.2025.006 - 1 - Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions,or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. This ordinance is effective on the 31st day after its adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of March, 2025. Mayor Jon st ATTEST: APPROVED AS TO FORM: David L. Udall, Town Clerk a Fairall, Town Attorney Z)46& MAPANA AZ ESTABLISHED 1977 Ordinance No.2025.006 - 2- 20250800136 RES 03/21/2025 10:28:05 AM Page: 1 of 4 Gabriella Cazares-Kelly Recorder OFFICIAL RECORDS OF PIMA COUNTY, AZ iiiiIl1,1a NIADICVthftr,lr41MI091 twos"ill MARANA RESOLUTION NO. 2025-024 RELATING TO MAYOR AND COUNCIL; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2025.006, AMENDING MARANA TOWN CODE TITLE 2 (MAYOR AND COUNCIL),AMENDING CHAPTER 2-1 (COUNCIL)SECTION 2-1-4 (VACANCIES)TO PROVIDE FOR THE FILLING OF COUNCIL VACANCIES CONSISTENT WITH ARIZONA STATE LAW; AMENDING CHAPTER 2-2 (COUNCIL ELECTIONS) SECTION 2-2-8 (AUTOMATIC RECOUNT) TO CLARIFY WHEN AN AUTOMATIC RECOUNT IS REQUIRED UNDER STATE LAW; AMENDING CHAPTER 2-3 (MAYOR AND VICE MAYOR) SECTION 2-3-1 (VICE MAYOR) TO ADD A PROVISION FOR APPOINTMENT OF A VICE MAYOR WHEN THE SEAT IS VACANT BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the revisions to Title 2 "Mayor and Council" of the Marana Town Code adopted by Marana Ordinance No. 2025.006, a copy of which is attached to and incorporated in this resolution as Exhibit A and one paper copy and one electronic copy of which are on file in the office of the Town Clerk,are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of March, 2025. Mayor Jost 724— ATTEST: APPROVED AS TO FORM: David L. Udall, Town Clerk Ja airall, Town Attorney 4d6e‘. MARANA AZ ESTABLISHED 1977 Resolution No.2025-024 - 1 - EXHIBIT A TO MARANA RESOLUTION NO. 2025-024 ' Amendments to Marana Town Code, Title 2 (Mayor and Council)pursuant to Marana Ordinance No. 2025.006 SECTION 1. Title 2 (Mayor and Council), Chapter 2-1 (Council) Section 2-1-4 (Vacancies) is hereby amended as follows: (with additions shown with double- underlining and deletions shown with strikeouts): 2-1-4 Vacancies A. If there is a vacancy in a council member seat,Tthe council shall fill the vacancy by appointment as follows for the unexpired term any vacancy on the council that may ecellf4er-whatever-r-easenTby-the-fellewing-preeed-ufe: 1. If the vacancy occurs less than 30 days before the nomination petition deadline for the next regular election, the appointed council member shall complete the remaining unexpired term of the vacant council seat. 2. If the vacancy occurs more than 30 days before the nomination petition deadline for the next regular election, the appointed council member shall serve until the next regular election and the town shall schedule a special election for the council member seat at the next primary and general elections calling for the election of a council member to complete the remaining two years of the vacant term. The appointed council member shall serve until the newly elected council member takes office to complete the remaining two-year term. If a candidate to fill the vacancy receives a majority of all votes cast for the vacant seat at the primary election,A.R.S. $ 9-821.01, subsection D an'lies. B. The council shall fill the council member seat vacancy by the following procedures: 1. Whenever a vacancy on the town council occurs, tThe 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 desired, 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 individual.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. CB. If there is a vacancy in the mayor's position, the council shall elect appoint 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 mere less than 30 days before the nomination petition deadline for the next regular election 18 months 1 EXHIBIT A TO MARANA RESOLUTION NO. 2025-024 • Amendments to Marana Town Code, Title 2 (Mayor and Council)pursuant to Marana • Ordinance No. 2025.006 the appointed mayor shall complete the remainin' unex sir•d term of the vacan ma. oral seat elected mayor's term. 2. If the vacancy in the mayor's position occurs more than 30 days before the nomination petition deadline for the next regular election then the town shall schedule a special election for mayor to occur at the next primary and general elections of the town, calling for the election of a mayor to complete the remaining two years of the term.The appointed mayor shall serve until the newly elected mayor takes office to complete the remaining two=year mayoral term. If a candidate to fill the vacancy receives a majority of all votes cast for the vacant seat at the primary election, A.R.S. § 9-821.01, subsection D applies. SECTION 2. Title 2 (Mayor and Council), Chapter 2-2 (Council Election), Section 2-2-8 (Automatic recount) of the Marana Town Code is hereby revised as follows (with additions shown with double-underlining and deletions shown with strikeouts): 2-2-8 Automatic recount A. When the canvass of returns in a special, primary or general town election shows that the margin between the successful candidate receiving the least number of votes and the unsuccessful candidate receiving the greatest number of votes for council,or the margin between the number of votes cast for and against initiated or referred measures, is less than or equal to one-half of 1%of the number of votes cast for both such candidates or on such measures does not exceed five vote:,, a recount of the vote upon those candidates;or measures er-pfepesa-is shall be required. B. When the canvass shows that a recount is required,the council shall forthwith certify the facts requiring a recount to the Pima County superior court. C. Upon the court announcing the results of the election recount and entering an order setting forth its determination as required under A.R.S. § 16-665, the town clerk shall forthwith deliver to the candidate entitled to them, as certified by the court, the certificate of election. SECTION 3. Title 2 (Mayor and Council), Chapter 2-3 (Mayor and Vice Mayor), Section 2-3-1 (Vice mayor) of the Marana Town Code is hereby revised as follows (with additions shown with double-underlining): 2-3-1 Vice mayor A. After their election and qualification, but in any event not later than December 31 following the date of the general election, or,if no general election is held,following the date the general election would have been held,the council members shall choose a vice mayor from among their number by majority vote. The vote will not be by nomination and election,rather it will be conducted by making a motion to appoint a certain council -2 - EXHIBIT A TO MARANA RESOLUTION NO. 2025-024 • Amendments to Marana Town Code, Title 2 (Mayor and Council)pursuant to Marana Ordinance No. 2025.006 member as vice mayor,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 individual.The council will continue making motions until a motion to appoint a council member as vice mayor is successfully passed by a majority of the council. The vice mayor shall assume the duties of the mayor in the absence, disqualification or resignation of the mayor. B. If there is a vacanc in the vice mayor's seat the council shall choose a new vice mayor from among their number by majority vote using the procedure described in paragraph A of this section. 3